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time of its adoption. This stop is therefore currently considered a major transit stop for the purposes of AB 2097.

During a meeting between HCD and the City on February 27, 2024, City staff explained that the City is hesitant to process the Project application because it is currently updating/syncing various other local programs that rely on designated transit stops to establish project eligibility. In consultation with SCAG, the City is studying various methodologies that can be used to identify and categorize transit stops. While HCD recognizes the importance of these long-range planning efforts, they do not constitute a legal basis to deny the Project applicant the benefits of AB 2097 to which they are entitled. The City must confirm the applicant’s eligibility under the law in writing and without further delay.

HCD remains committed to supporting the City of Los Angeles in implementing state law and hopes the City finds this clarification helpful. HCD would also like to remind the City that HCD has enforcement authority over AB 2097, among other state housing laws. Accordingly, HCD may review local government actions and inactions to determine consistency with these laws. If HCD finds that a city’s actions do not comply with state law, HCD may notify the California Office of the Attorney General that the local government is in violation of state law (Gov. Code, § 65585, subd. (j).) If you have questions or need additional information, please contact David Ying at [email protected].

Sincerely,
Shannan West
Housing Accountability Unit Chief
Enclosure: Letter of Technical Assistance RE: Los Angeles AB 2097 Implementation, November 17, 2023
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 17, 2023
Lisa Webber, AICP, Deputy Director of Project Planning
City of Los Angeles
200 North Spring Street, Suite 525
Los Angeles, CA 90012
Dear Lisa Webber:

RE: Los Angeles AB 2097 Eligibility – Letter of Technical Assistance HCD received a request for technical assistance from Jeffer Mangles Butler & Mitchell LLP (JMBM) on September 27, 2023, regarding the application of Assembly Bill (AB) 2097 (Chapter 459, Statutes of 2022). AB 2097 limits the ability of a public agency to impose minimum automobile parking requirements for residential, commercial, or other qualifying development projects if they are located within one-half mile of public transit, as defined.

The purpose of this letter is to provide technical assistance for the benefit of both the City of Los Angeles (City) and JMBM.

Project Description and Background
HCD understands that the proposed Project,1 located at 12124 Pacific Avenue, would provide 74 housing units, including 11 units affordable to very low-income households.

The Project application, which was submitted on November 10, 2022, was approved by the City Planning Commission on August 23, 2023. After the Project was approved, the applicant became aware of the provisions of Government Code section 65863.2 (i.e., AB 2097). The applicant currently seeks to use this statute as a basis to terminate an existing parking covenant on the property. In email discussions that HCD has reviewed, the City has taken the position that the Project is not eligible under AB 2097 because it relies on a planned transit stop, rather than an existing transit stop, to establish eligibility under the law. The City does not dispute that the project site is located within one-half mile of the planned Venice Boulevard/Centinela Avenue major transit stop, as shown in the regional transit plan (RTP) adopted by the Southern California Association of Governments (SCAG).
1 City permit number CPC-2022-8256-CU-DB-PHP-HCA
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Lisa Webber, AICP, Deputy Director of Project Planning

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Interpretation of AB 2097
Government Code section 65863.2 requires that eligible projects be located within 0.5 miles of “public transit” to qualify for the parking exemption. “Public transit,” in this instance, means a “major transit stop” as defined in Section 21155 of the Public Resources Code. The definition of “major transit stop” referenced in Public Resources Code section 21155, subdivision (b), provides the following:
“A major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan.” (Emphasis added) Finally, Public Resources Code section 21064.3 defines a major transit stop per the following:
“Major transit stop” means a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. (Emphasis added)
Therefore, the question at hand is: Can a planned “major transit stop,” as identified in an RTP, serve to qualify a site for a parking exemption pursuant to AB 2097, despite the fact that bus service frequency interval cannot yet be observed and therefore verified?
The answer is “yes,” for the following reasons. First, Public Resources Code section 21155, subdivision (b), does not condition the eligibility of planned major transit stops on their current existence. The statute only specifies that the stops be “included” in the applicable region’s RTP (in this case, SCAG’s). It is presumed that planning documents, by their very nature, will anticipate future infrastructure and conditions that do not yet exist.

Second, it is reasonable to assume that by referencing Public Resources Code section 21155, subdivision (b), the Legislature intended for the law to include both current and planned major transit stops. Had the Legislature intended for the parking exemption to apply only to major transit stops that currently exist, it could have defined applicability using only Public Resources Code section 21064.3.
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Lisa Webber, AICP, Deputy Director of Project Planning

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Conclusion
In summary, HCD finds that the project is within the one-half mile radius of a major transit stop and therefore meets the basic eligibility requirements for a parking exemption under AB 2097. HCD remains committed to supporting the City of Los Angeles in achieving planning objectives and hopes the City finds this clarification helpful. If you have questions or need additional information, please contact David Ying at [email protected].

Sincerely,
Shannan West
Housing Accountability Unit Chief
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7 ATTACHMENT 3
Los Angeles Memorandum Regarding AB2097 Implementation
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FORM GEN. 160 (Rev. 6-80)

CITY OF LOS ANGELES

INTER-DEPARTMENTAL CORRESPONDENCE
DATE: October 23, 2023
TO: Interested Parties
Department of City Planning Staff
FROM: Vincent P. Bertoni, AICP
Director of Planning
Department of City Planning
Osama Younan, P.E.

General Manager
Department of Building and Safety
SUBJECT: IMPLEMENTATION OF AB 2097 (2022)
On September 22, 2022, the Governor signed Assembly Bill (AB) 2097, which added Government Code Section (§) 65863.2. AB 2097 prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on any residential, commercial, or other development project that is within one-half mile of a major transit stop, with minor exceptions detailed below. A development project, for purposes of this bill, includes any project requiring a discretionary entitlement or building permit to allow the construction, reconstruction, alteration, addition, or change of use of a structure or land.

This updated memorandum supersedes the memorandum dated December 29, 2022 and will serve as guidance for staff and project applicants on the implementation of AB 2097 for discretionary and ministerial projects until the time this memo is superseded. Staff and interested parties are encouraged to refer to state law in Government Code §65863.2 for additional information as this memo is not exhaustive.

AB 2097 Eligibility and Restrictions
AB 2097 prohibits a public agency from imposing minimum automobile parking requirements on most types of development within half a mile of a major transit stop. AB 2097 specifies that the parking reductions in this bill do not apply to projects that designate (i.e., create or expand) any portion of the project as a hotel, motel, bed and breakfast inn or other transient lodging use, or reduce parking spaces designated for this use. A residential hotel as defined in Section 50519 of the Health and Safety Code is not considered transient lodging and can use AB 2097. Furthermore the parking reductions do not apply to employee parking for an event center, or publicly accessible commercial parking, that is not obligated to specific use, in a contractual agreement with a public agency executed before January 1, 2023.

In addition, a public agency has the option to impose minimum parking requirements if it can make written findings within 30 days of receipt of a completed application (e.g., a complete application for an entitlement was filed and fees were paid to DCP) for a discretionary development project. These findings may not be made against the following housing development projects that:
o.y.
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2 • Include a minimum of 20 percent of the total dwelling units for very low, low, or moderate income households, students, the elderly, or persons with disabilities. • Contain fewer than 20 dwelling units.
• Are subject to parking reductions of any other applicable law (by satisfying the applicable eligibility requirements).

Any public agency findings to impose parking minimums must be supported by a preponderance of evidence in the record, showing that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, on any of the following:

1. The City’s ability to meet its share of the Regional Housing Needs Assessment (RHNA) for low and very low income households.

2. The City’s ability to meet any special housing needs for the elderly or persons with disabilities.

3. Existing residential or commercial parking within one-half mile of the housing development project (defined in Govt. Code Sec. 65589.5).

As part of the implementation of AB 2097, the Department of City Planning will be collecting data during the first year of implementation of the statute, and will be evaluating whether invoking either of the two housing-related findings is appropriate after such time. This will include tracking the number of projects utilizing the parking relief, the number of affordable and senior/disabled units proposed, as well as the utilization of affordable housing incentive programs. This data is critical to determine the impacts of the legislation on affordable and special needs housing production as well as to gather the data needed to determine whether or not the City sees evidence and a future rationale to invoke the exception findings related to housing production for the City’s share of RHNA numbers or special needs housing. The utilization of these findings will be based on the information collected by the City and be based on the development trends shown by this data and other City collected housing production data.

In regards to the general finding that a project may create substantial negative impacts on “existing residential or commercial parking within one-half mile of the housing development project,” members of the public and other interested parties may submit evidence to the record within 25 days of the project being accepted by the Department (the earlier the better) by emailing [email protected], with the subject line including “Evidence” followed by the project case number, or if not available the street address of the project. Evidence submitted by the general public will only be considered for discretionary development projects processed by the Department of City Planning and will be considered alongside other citywide policy priorities around equity, housing, mobility and sustainability, as well as opportunities for other mitigation strategies and the state legislative intent. The intent of the bill, as described in § 65863.2(i) states:
(i) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increase greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.

A parking study must be provided by the public or other interested parties as part of the evidence of a parking impact for a given project. The parking impact evidence must conform to the following industry standards utilized by LADOT for review of a parking study or analysis. To provide a complete picture of overall usage and whether a consistent parking impact is present, the analysis should include the total amount of parking supply within the study area using the following parameters:
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3 • Parking Study Area
o Minimum radius of 1,000 feet or two city blocks, whichever is greater, around the project o The study area should be enlarged proportionally to the size of the project • Parking Inventory
o Counts of both on-street and off-street parking spaces o Counts of both public and restricted parking spaces
• Parking Duration
o Monitor occupancy at three 4-hour intervals between 8am and 8pm on both weekends and weekdays
o Record both occupancy duration and turnover of parking spaces during intervals • Parking Analysis
o Areas with more than 85% utilization throughout the day should be highlighted o Mitigation measures should be recommended
Parking studies should be reviewed and stamped by a licensed traffic engineer, though they are not required to be completed by one. LADOT will determine whether evidence for parking impacts exists, in collaboration with the Department of City Planning. Substantial negative impacts will be weighed alongside potentially positive impacts on a variety of citywide policy priorities, as well as individual circumstances. Any findings under section 65863.2(b) must be made in writing within 30 days of a completed application and supported by a preponderance of evidence in the record.

In line with state and local objectives, such as reduced Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) policy goals as well as housing equity goals, projects located in the following areas will be accorded substantial consideration against imposing or enforcing parking minimum standards on these projects:

1. Projects located within one-half mile of a fixed rail or bus rapid transit (BRT) line

2. Projects located in high and highest resource areas in the Tax Credit Allocation Committee (TCAC) Opportunity Maps
Electric Vehicle Charging Stations (EVCS) and Disabled Access Parking Spaces Government Code Section 65863.2(f) of the law states that AB 2097 does not invalidate any otherwise applicable requirements regarding the provision of electric vehicle (EV) supply and charging equipment installed in parking spaces or to provide parking spaces that are accessible to persons with disabilities.

The EV requirements are stated in the LAMC section beginning with Section 99.04.106.4.2 and Disabled Access requirements are found in Chapter 11A or 11B of the Los Angeles Building Code (LABC). Since EV and Disabled Access requirements apply to parking spaces otherwise "provided" by the development project, if any parking spaces are voluntarily provided, EV and Disabled Access standards should be complied with when applicable.

Additional Standards for Voluntarily Provided Vehicle Parking When a project provides parking voluntarily, the state law specifies that the City may impose certain other applicable requirements, including that the voluntary parking require spaces for car share vehicles, require spaces to be shared with the public (e.g., not obligated to a specific use or business), or require parking owners to charge for parking. A public agency may not require that voluntarily provided parking is provided to residents free of charge.
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4 If parking is not required but voluntarily provided, AB 2097 does not preclude the application of standards relating to accessing those spaces, their size, design and similar standards designed to ensure safety. (e.g. LAMC Section 12.21 A.5 - Design of Parking Facilities). Those standards are not affected by AB 2097 and shall remain in effect. However, restrictions on the number or percentage of compact stalls per LAMC 12.21 A.5(c), shall not be enforced. A project may provide any combination of standard or compact stalls for non-required, voluntarily provided parking as long as they also meet EV and Disabled Access requirements.

Bike Parking
AB 2097 addresses automobile parking in areas near transit, and does not affect required bicycle parking.

Therefore, the City will continue to require bicycle parking for residential and non-residential uses pursuant to the bicycle parking provisions in LAMC Section 12.21 A.16.

Offsite Parking Affidavits, Offsite Parking Lease Agreements and Valet Parking For an existing offsite parking affidavit, if the project site for which the parking is to be provided for is eligible to use AB 2097, the affidavit may be terminated by contacting Building and Safety for review and permitting. For an existing offsite parking lease agreement approved by City Planning, if the project site for which the parking is to be provided for is eligible to use AB 2097, the lease agreement requirement may be removed by contacting DCP and Building and Safety for review and permitting. While offsite and valet parking can not be imposed or enforced if qualified under the law, any volunteered valet parking system must follow the provisions of LAMC 103.203 including the requirement for a Valet Parking Operator permit.

Coastal Zone
For properties located in the Coastal Zone, please refer to the June 30, 2023 memo by the California Coastal Commission. It acknowledges that minimum automobile parking requirements may not be imposed or enforced but that all other Coastal Act provisions remain, including those protecting, enhancing, and maximizing public access and recreation.

Commercial Parking Subject to Existing Contractual Agreements AB 2097’s ban on imposing or enforcing parking minimums does not apply to any commercial parking requirements that are subject to an existing contractual agreement of the public agency that was executed before January 1, 2023, so long as the required commercial parking is shared with all members of the public.

Event Center
The bill provides that an event center is not subject to all of the parking reductions permitted in this bill and is required to provide automobile parking required by local ordinance for employees and other workers. Since the LAMC does not currently have separate parking requirements for employees or other workers, this provision does not apply. AB 2097 does not define “event center” nor does the LAMC.

California Health and Safety Code Section 40717.8 defines the term to mean “a community center, activity center, auditorium, convention center, stadium, coliseum, arena, sports facility, racetrack, pavilion, amphitheater, theme park, amusement park, fairgrounds, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of sporting events, athletic contests, contests of skill, exhibitions, conventions, meetings, spectacles, concerts, or shows, or for providing public amusement or entertainment.” The City will use this definition until it creates its own. 522
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5 Implementation
On January 1, 2023, the AB 2097 provisions became effective and available to any qualified project, provided it meets the criteria in state law. The City’s Zone Information and Map Access System (ZIMAS) identifies parcels within a one-half mile radius of a major transit stop under the Planning and Zoning tab within the table of contents.

For Planning projects that intend to utilize AB 2097, the applicant will need to print the ZIMAS AB 2097 Eligibility map with a date-stamp that is within 180 days of the date of submission of a City Planning application, along with a written request to utilize AB 2097, preferably at the time of application. Please note that the ZIMAS AB 2097 Eligibility map printout includes an automatic date stamp. AB 2097 may also be requested after a City Planning application has been filed but prior to issuance of a letter of determination. This may result in the need for a revised application and/or plans to be submitted to the Project Planning team. In this instance, a written request is required along with the printed ZIMAS AB 2097 Eligibility map showing a date within 180 days of the date of a revised submission. Furthermore, staff verification of AB 2097 eligibility may be required to ensure accuracy with current transit and bus line data. ZIMAS is provided as a public service, and due to the dynamic nature of zoning and transportation information verification of information may be required.

For projects with an approved entitlement, the applicant shall submit the following: revised plans showing the changes made as a result of reducing automobile parking spaces; a date-stamped ZIMAS AB 2097 Eligibility map (dated within 180 days of the submission date); and, a written request to utilize AB 2097, to the Senior Planner of the Project Planning team that processed the entitlement. Project modifications may require additional review and payment of fees. For projects that are already existing and operating, please contact the Los Angeles Department of Building and Safety for instructions on how to implement AB 2097.

For a project which is submitted for a permit application with LADBS, if it is eligible to use AB 2097 at any point between submittal date and permit issuance date, or if a ZIMAS AB 2097 Eligibility map is printed with a date-stamp within 180 days prior to submittal date and provided to the assigned Plan Check Engineer, or if a Planning entitlement indicates eligibility for AB 2097, it is eligible to utilize AB 2097 for the duration of the project until the permit is finaled and/or Certificate of Occupancy is issued. Verification of AB 2097 eligibility may be required to ensure accuracy with current transit and bus line data. If a project is already in plan check or under construction, and would like to utilize AB 2097, revised plans showing the changes as a result of reducing automobile parking spaces will need to be submitted to Building and Safety for a supplemental permit. Furthermore, if there is a Planning entitlement that needs to be updated for AB 2097 eligibility, a Planning clearance approval will need to be obtained. A fee may be required to process this request.
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From: Mahesh Gurikar
To: City of Cupertino Planning Commission
Subject: Fwd: Westport Project Changed
Date: Friday, April 18, 2025 6:48:58 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Resend
Begin forwarded message:

From: Mahesh Gurikar <[email protected]>
Date: April 17, 2025 at 6:17:07 PM PDT
To: [email protected], [email protected],
[email protected]
Subject: Westport Project Changed
Members of the Planning Commission,
Westport’s proposal to reduce the retail space and eliminate underground parking Please do not allow the requested changes to the project. 4000 sq fr retail space is too small.

One restaurant may take 4000 sft.

We need several retail businesses here.

May be it can be reduced to about 12000 Sft.

If underground parking is eliminated, those vehicles compete for parking on Mary Avenue.

Please recommend Westport stick to original plan approved.

Thank you,
Mahesh Gurikar
Resident of Cupertino
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From: David Rolnick
To: City of Cupertino Planning Commission
Subject: Westport Changes
Date: Sunday, April 20, 2025 4:05:41 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Planning Commissioners,
Please reject the proposed modifications to the Westport development.

The city has already come to a compromise development agreement with the developer – one which reduced retail from 20,000 square feet to 12,000 square feet. Now the developer is trying to break the agreement in major ways. If the Planning Commission and City Council give into this developer, it will open the floodgates for other developers to come back and reduce or eliminate retail, avoid park dedication fees, and provide insufficient parking for residents and guests.

This developer needs to be held accountable to what it agreed to. They have likely made hefty profits from subdividing the property and selling off portions to other developers for apartments and townhouses. If the developer doesn’t want to build what they agreed to, they can just let the land sit idle (making the project even less economical), or better yet, sell it to the city for a park or pickleball courts.

Regards,
David Rolnick
Resident of Cupertino
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From: Piu Ghosh (she/her)
To: Michael Woo; Luke Connolly; Lindsay Nelson; Benjamin Fu Subject: Fwd: HAC re Westport
Date: Monday, April 21, 2025 10:21:23 AM
Attachments: HAC Letter re Westport.pdf
FYI…
Piu Ghosh (she/her)
Planning Manager
Community Development
[email protected]
(408) 777-3277
Begin forwarded message:

From: Corey Smith <[email protected]>
Date: April 21, 2025 at 10:14:34 AM PDT
To: Santosh Rao <[email protected]>, Gian Martire <[email protected]>, "Piu Ghosh (she/her)" <[email protected]>
Subject: HAC re Westport
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Chair Rao,
On behalf of the Housing Action Coalition, please see our attached letter regarding the Westport project.

Let me know if you have any questions.

Respectfully,
Corey Smith
Executive Director, Housing Action Coalition
--
Corey Smith 陈锐 | Pronouns: He/Him
Executive Director | Housing Action Coalition
555 Montgomery Street, Suite 720, San Francisco, CA 94111 Cell: (925) 360-5290 | Office: (415) 300-0967
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Email: [email protected] | Web: housingactioncoalition.org Please note the new email and website.

To opt out of all HAC emails, respond to this email with "unsubscribe all". 527
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April 21, 2025
Santosh Rao
Chair
City of Cupertino Planning Commission
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Re: April 22 Hearing on the Westport Cupertino Project
Dear Chair Rao:

The Housing Action Coalition does not support the City’s position in the staff report for the proposed modifications to the Westport Cupertino project that the project cannot use AB2097 to reduce its previously approved parking because AB2097 does not allow retroactive application to previously approved projects. There is no basis in the text of AB2097 supporting this position. Instead, AB2097 provides for limited circumstances where previously approved commercial projects cannot use the law, but otherwise clearly provides the broad use of the law for existing, approved, or newly proposed projects, particularly housing projects.

The staff report position on AB2097 is inconsistent with the clear intent of law and would by contrary to published guidance from State HCD and the housing production goals of the state.

We encourage the Planning Commission read the clear text of AB2097 and reject the staff report’s position that AB2097 is unavailable to the Westport Cupertino project.

Corey Smith, Executive Director
Housing Action Coalition (HAC)
CC: Piu Ghosh
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Planning Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Gian Martire
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
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From: Santosh Rao
To: Lindsay Nelson; Piu Ghosh (she/her); Luke Connolly
Subject: Fw: HAC re Westport
Date: Monday, April 21, 2025 11:39:36 AM
Attachments: HAC Letter re Westport.pdf
Dear City Clerk, Staff,
Would you please include the below in written communications for the 04/22/25 planning commission meeting and also share with the planning commissioners.

Thank you.

Santosh Rao
Chair, Planning Commission
[email protected]
From: Corey Smith <[email protected]>
Sent: Monday, April 21, 2025 10:13 AM
To: Santosh Rao <[email protected]>; Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>
Subject: HAC re Westport
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Chair Rao,
On behalf of the Housing Action Coalition, please see our attached letter regarding the Westport project.

Let me know if you have any questions.

Respectfully,
Corey Smith
Executive Director, Housing Action Coalition
--
Corey Smith 陈锐 | Pronouns: He/Him
Executive Director | Housing Action Coalition
555 Montgomery Street, Suite 720, San Francisco, CA 94111 531
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Cell: (925) 360-5290 | Office: (415) 300-0967
Email: [email protected] | Web: housingactioncoalition.org Please note the new email and website.

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April 21, 2025
Santosh Rao
Chair
City of Cupertino Planning Commission
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Re: April 22 Hearing on the Westport Cupertino Project
Dear Chair Rao:

The staff report position on AB2097 is inconsistent with the clear intent of law and would by contrary to published guidance from State HCD and the housing production goals of the state.

We encourage the Planning Commission read the clear text of AB2097 and reject the staff report’s position that AB2097 is unavailable to the Westport Cupertino project.

Corey Smith, Executive Director
Housing Action Coalition (HAC)
CC: Piu Ghosh
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Planning Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Gian Martire
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
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Apr 21, 2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development Project at 21267 Stevens Creek Boulevard By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
[email protected]
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state housing laws when evaluating the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, including 29 units affordable to very low-income households. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and AB 2097.

The HAA provides the project legal protections. It requires approval of zoning and general plan compliant housing development projects unless findings can be made regarding specific, objective, written health and safety hazards. (Gov. Code, § 65589.5, subds. (d), (j).) The HAA also bars cities from imposing conditions on the approval of such projects that would render the project infeasible or reduce the project’s density unless, again, such written findings are made. (Id. at subd. (d).) As a development with at least two-thirds of its area devoted to residential uses, the project falls within the HAA’s ambit, and it complies with local zoning code and the City’s general plan. Increased density, concessions, and waivers that a project is entitled to under the DBL (Gov. Code, § 65915) do not render the project noncompliant with the zoning code or general plan, for purposes of the HAA. (Gov. Code, § 65589.5, subd. (j)(3).) The HAA’s protections therefore apply, and the City may not reject the project except based on health and safety standards, as outlined above.

CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in 360 Grand Ave #323, Oakland 94610
www.calhdf.org
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residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to ground floor retail, in addition to the previously approved waivers and concessions, unless it makes written findings as required by Government Code, section 65915, subdivision (e)(1) that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or as required by Government Code, section 65915, subdivision (d)(1) that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, ifit makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.)
Finally, the project is exempt from off-street parking pursuant to AB 2097 given its location near transit. CalHDF understands that City staff is contesting the applicability of the law to the project, given that the previous version of the project was entitled before the law came into effect.

First, the project is seeking amended entitlements, and staff have accordingly forced the project to go through additional environmental review accordingly. It is unclear why staff feels that this amended entitlement process does not provide the applicant an opportunity to invoke the law.

Additionally, AB 2097 clearly states “Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.” (Gov. Code, § 65863.2, subd. (i).) The Legislature has clearly articulated its intent that local agencies should interpret the law as prohibiting parking requirements.

Furthermore, the California Department of Housing and Community Development (“HCD”) has issued guidance that AB 2097 can, in fact, be applied retroactively. From page 6 of the linked January 2025 memorandum:

Can AB 2097 be used to eliminate an existing parking agreement? Yes, with the exception of contractual commercial parking agreements with a public agency that were executed before January 1, 2023.
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The parking in question is not a contractual commercial parking agreement with a public agency, and therefore the HCD guidance is that AB 2097 can be used to eliminate the parking agreement between the applicant and the city.

Finally, it is unclear why staff are fighting to impose parking requirements on assisted living and memory care units, where residents are likely unable to drive or choose not to.

As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit;; it will provide badly-needed affordable housing; it will bring increased tax revenue and new customers to local businesses; and it will reduce displacement of existing residents into homelessness. Most importantly, it will allow seniors to age with dignity by providing invaluable assisted living and memory care housing. While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CalHDF urges the City to approve it, consistent with its obligations under state law.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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From: James Lloyd
To: Santosh Rao; Tracy Kosolcharoen; David Fung; Seema Lindskog; Steven Scharf; City of Cupertino Planning Commission
Cc: Piu Ghosh (she/her); City of Cupertino Planning Dept.; City Attorney"s Office; Cupertino City Manager"s Office; City Clerk
Subject: public comment re item 4 for 4/22/25 Planning Commission meeting Date: Monday, April 21, 2025 4:52:21 PM
Attachments: Cupertino - 21267 Stevens Creek Boulevard - HAA Letter.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits the attached public comment re item 4 for 4/22/25 Planning Commission meeting, the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, which includes 29 units affordable to very lowincome households.

Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
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Apr 21, 2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development Project at 21267 Stevens Creek Boulevard By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
[email protected]
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Cupertino Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state housing laws when evaluating the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, including 29 units affordable to very low-income households. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and AB 2097.

CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in 360 Grand Ave #323, Oakland 94610
www.calhdf.org
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residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to ground floor retail, in addition to the previously approved waivers and concessions, unless it makes written findings as required by Government Code, section 65915, subdivision (e)(1) that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or as required by Government Code, section 65915, subdivision (d)(1) that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, ifit makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.)
Finally, the project is exempt from off-street parking pursuant to AB 2097 given its location near transit. CalHDF understands that City staff is contesting the applicability of the law to the project, given that the previous version of the project was entitled before the law came into effect.

Can AB 2097 be used to eliminate an existing parking agreement? Yes, with the exception of contractual commercial parking agreements with a public agency that were executed before January 1, 2023.
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The parking in question is not a contractual commercial parking agreement with a public agency, and therefore the HCD guidance is that AB 2097 can be used to eliminate the parking agreement between the applicant and the city.

Finally, it is unclear why staff are fighting to impose parking requirements on assisted living and memory care units, where residents are likely unable to drive or choose not to.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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From: Jean Bedord
To: City of Cupertino Planning Commission; City of Cupertino Planning Dept.; Cupertino City Manager"s Office Cc: Simsik, Balint; Zak, Cascade
Subject: Agenda Item 4, Planning Commission, Apr. 22: Modifications for Westport Development Assisted Living Date: Tuesday, April 22, 2025 10:48:50 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Planning Commission and Planning Staff,
I urge you to approve the application for modification of this previously approved project, WITHOUT the additional condition of adding 20 more parking spaces. Retention of the retail space for restaurants is crucial to this location. The city lost Hobees, Coffee Society, Togos, Jamba Juice, an ice cream shop, and an Indian restaurant at this location. It was a community gathering place for both residents and DeAnza College. A new event center is being built across the street at DeAnza Community College, but there is no food service to entice the attendees to spend money in Cupertino, which they did at Hobee's when Flint Center was operational. DeAnza also has another theatre and Euphrat Art Center across the street. Students and staff at DeAnza congregate at eating places. The Bistro planned at the corner of Mary and Stevens Creek is crucial for the Senior Center. Our members want a place to go to have coffee and lunch with their friends since the Senior Center does not have food service. Later in the day, DeAnza students need a place to get something besides student union food, which closes before evening classes are over. The pickleball and tennis players would like a place to eat, as well as other users of Memorial Park. Currently this location is a food desert, in an area that could be a vibrant center and a revenue generator for the city.

Failing to retain the 4,000 sq. ft. of retail in this project would doom the retail already included in the Westport BMR housing due to lack of foot traffic.

I realize that parking in this area has been contentious, but no matter how much parking is built, there will always be complainers. Same is true for traffic . Depending on the time of day, traffic and parking on Mary is not heavy. I urge the city to rethink parking management.

Why is the city prioritizing car space over people space? Isn’t it time to figure out how to manage “shared parking” with multiple uses? Spaces do not have to be used 24/7 for the same use. Specifically:

Retail spaces are empty after closing hours and overnight Residential spaces need overnight parking but are largely empty during the day while residents are working
Service providers for seniors and IDD clients generally work during the day, not on weekends.

Visitors to assisted living/memory care do not stay long, and are usually afternoon and evening
Festivals utilize the abundant FREE public parking at DeAnza Community College Abundant FREE overflow public parking is available at DeAnza Community College Senior Center parking lot is empty in the evenings and weekends, other than festivals The parking dilemma needs to be addressed holistically by the city, rather than attempting to burden individual housing projects. New state laws, specifically AB2097, are aimed at 544
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forcing cities to reduce parking requirements. Why isn’t Cupertino adjusting its requirements?
Cupertino needs to build more housing, specifically for its aging senior population, so this project needs to move ahead without additional delays. It's already been five years since the initial approval which couldn't be financed. In the meantime, COVID impacted the project and now interest rates, tariffs and rising construction costs threaten to derail it once again.

Keep in mind that the city issued only 80 building permits for new housing units in 2024, leaving a deficit of 4,431 units to fulfill the city’s RHNA number of 4,588 housing units by Jan. 31, 2031, in only six years. I urge Planning to remove obstacles to building housing, not create obstacles.

Very concerned long-time resident,
Jean Bedord
Cupertino Senior Center Advisory Council President
Age Friendly Cupertino task force member
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From: radler digiplaces.com
To: City of Cupertino Planning Commission
Subject: Slide for Public Comment at Planning Commission meeting, 4.22, re Item #4 Date: Tuesday, April 22, 2025 10:49:56 AM
Attachments: Richard Adler 4.22.25.pptx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Attached is a Powerpoint slide that I plan to use in making a public comment at this evening's planning commission meeting regarding Agenda Item #4, regarding the Westport Development plan modifications.

I am currently planning to participate by Zoom, but may participate in person if I can.

Richard Adler
Age Friendly Cupertino
650-520-3045
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Cupertino’s 65+ and 75+ Population
2015-2035
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Data Sources
2015 City of Cupertino Parks and Recreation Master Plan Demographic Analysis (2016) 2020 Same as above (updated for 2020)
2025 Neilsberg demographic insights
2030–2035 Projections:
• Santa Clara County Office of Aging Reports
• State of California Department of Finance population projections • U.S. Census Bureau trends and regional aging patterns in Silicon Valley 549
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From: Jennifer Griffin
To: City of Cupertino Planning Commission; City Clerk
Cc: [email protected]; City Council
Subject: Westport Underground Parking, Retail, Park Dedication Fees and Mary Avenue Date: Tuesday, April 22, 2025 1:25:03 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
(Please include the following comments as public input for Item Number 4 on the 4/22/25 Cupertino Planning Commission Agenda for Westport. )
Dear Planning Commission:

Most of the Westport Community (formerly the Oaks) has been developed. I am very Happy to see the young oak trees planted to replace the historic oak trees that were on site Before the development.

The only part of the Westport Community that needs to be finished is the section next To Mary Avenue (west side). This is being called Building 1.

I am very concerned about the proposed changes at Building 1.

A. Underground Parking. It looks as if the developer is not wanting to build the underground Parking under Building 1 that would provide promised parking for the residents of Building 2, provide Parking for the residents and support folks (family members, doctors, nurses, helpers, technicians, Emergency personnel, security, food delivery etc.) of Building 1, and parking for the retail for Building 1.

Not providing adequate parking for Building 1 and Building 2 and Retail is an extremely bad plan.

This parking was promised in the original discussions of this project over ten years ago. The parking Garage was a selling point to the city and public. I attended all those meetings. The current project Needs that parking. It is a disgrace to say everyone can walk 1/2 mile, especially when you are Dealing with seniors. To have Building 1 be regarded and marketed as an up-to-date state of the art senior care Facility there must be adequate parking. Families paying 5,000 to 8,000 dollars a month for Family members expect there to be adequate parking on site or else they may decide to Place family members elsewhere in other cities who care about the needs of patients and Their families.

B. Loss of Proposed Retail. The proposal to drastically reduce the ground floor retail on Building 1 is not a good plan. This site, as the Oaks, previously provided Cupertino with a lot of ground Floor retail, and the decision to try to eliminate so much promised retail for Building 1 is not A good fit for the city of Cupertino and residents who want to shop in their own city.

C. Loss of Park Dedication Fees. It is not a good idea to not provide parkland or pay the Park Dedication fee for Building 1. There is the need for new open space and parkland For the number of people being housed in Building 1. Parkland should be provided on Site or fees paid to allow the purchase of parkland for everyone in the city. That is the Expectation of the residents of Cupertino.

D. Mary Avenue Traffic Management. Mary Avenue is going to be greatly affected by Building 1 and careful attention needs to be paid to make sure Mary Avenue is able To carry this traffic load, especially with its complicated intersection with Stevens Creek Blvd, Highway 85 and DeAnza College ramps to Stevens Creek Blvd crossing 550
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Thid intersection.

Providing adequate underground parking, retaining a lot of retail, paying park fees and Carefully configuring Mary Avenue will ensure that Building 1 at Westport will be a Success for everyone.

Thank you.

Best regards,
Jennifer Griffin
Cupertino Resident
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From: Jennifer Griffin
To: City Clerk
Cc: [email protected]; City of Cupertino Planning Commission; City Council Subject: Fwd: Westport Underground Parking, Retail, Park Dedication Fees and Date: Tuesday, April 22, 2025 1:27:54 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk: Please include the following comment as public input for Item Number 4 In the Planning Commission Agenda for the 4/22/25 Planning Commission meeting on Westport. Thank you.
-------- Original Message --------
Subject: Westport Underground Parking, Retail, Park Dedication Fees and Mary Avenue From: Jennifer Griffin <[email protected]>
Sent: Tuesday, April 22, 2025, 1:24 PM
To: [email protected],[email protected] CC: [email protected],[email protected]
(Please include the following comments as public input for Item Number 4 on the 4/22/25 Cupertino Planning Commission Agenda for Westport. )
Dear Planning Commission:

Most of the Westport Community (formerly the Oaks) has been developed. I am very Happy to see the young oak trees planted to replace the historic oak trees that were on site Before the development.

The only part of the Westport Community that needs to be finished is the section next To Mary Avenue (west side). This is being called Building 1.

I am very concerned about the proposed changes at Building 1.

A. Underground Parking. It looks as if the developer is not wanting to build the underground Parking under Building 1 that would provide promised parking for the residents of Building 2, provide
Parking for the residents and support folks (family members, doctors, nurses, helpers, technicians,
Emergency personnel, security, food delivery etc.) of Building 1, and parking for the retail for Building 1.

Not providing adequate parking for Building 1 and Building 2 and Retail is an extremely bad 552
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plan.

This parking was promised in the original discussions of this project over ten years ago. The parking
Garage was a selling point to the city and public. I attended all those meetings. The current project
Needs that parking. It is a disgrace to say everyone can walk 1/2 mile, especially when you are Dealing with seniors. To have Building 1 be regarded and marketed as an up-to-date state of the art senior care
Facility there must be adequate parking. Families paying 5,000 to 8,000 dollars a month for Family members expect there to be adequate parking on site or else they may decide to Place family members elsewhere in other cities who care about the needs of patients and Their families.

B. Loss of Proposed Retail. The proposal to drastically reduce the ground floor retail on Building 1 is not a good plan. This site, as the Oaks, previously provided Cupertino with a lot of ground
Floor retail, and the decision to try to eliminate so much promised retail for Building 1 is not A good fit for the city of Cupertino and residents who want to shop in their own city.

Providing adequate underground parking, retaining a lot of retail, paying park fees and Carefully configuring Mary Avenue will ensure that Building 1 at Westport will be a Success for everyone.

Thank you.

Best regards,
Jennifer Griffin
Cupertino Resident
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From: radler digiplaces.com
To: Santosh Rao
Cc: City of Cupertino Planning Commission
Subject: Slides for Public Comment at Planning Commission meeting, 4.22, re Item #4 -- Revised version Date: Tuesday, April 22, 2025 2:09:07 PM
Attachments: Richard Adler 4.22.25 V2.pptx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I have added a second slide to my presentation, so please substitute this version (labelled V2) for the one I sent previously. I have added a list of references for this data following my two slides, but I don't plan to show them, during my presentation.

From: Santosh Rao <[email protected]>
Sent: Tuesday, April 22, 2025 11:08 AM
To: radler digiplaces.com <[email protected]>
Subject: Re: Slide for Public Comment at Planning Commission meeting, 4.22, re Item #4 Thank you Richard for sharing your slides ahead of time and for your engagement on the item.

Santosh Rao
Chair, Planning Commission
[email protected]
From: radler digiplaces.com <[email protected]>
Sent: Tuesday, April 22, 2025 10:48 AM
To: City of Cupertino Planning Commission <[email protected]> Subject: Slide for Public Comment at Planning Commission meeting, 4.22, re Item #4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am currently planning to participate by Zoom, but may participate in person if I can.

Richard Adler
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Age Friendly Cupertino
650-520-3045
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From: radler digiplaces.com
To: Santosh Rao
Cc: City of Cupertino Planning Commission
Subject: Slides for Public Comment at Planning Commission meeting, 4.22, re Item #4 -- Revised version Date: Tuesday, April 22, 2025 2:09:07 PM
Attachments: Richard Adler 4.22.25 V2.pptx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am currently planning to participate by Zoom, but may participate in person if I can.

Richard Adler
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Age Friendly Cupertino
650-520-3045
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Presentation to
Cupertino Planning Commission
Richard Adler
Age Friendly Cupertino
April 22, 2024
V2
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Cupertino’s 65+ and 75+ Population
2015-2035
Richard Adler April 22, 2025 2 559
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Prevalence of Alzheimer’s
in Cupertino’s 65+ Population
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From: Peggy Griffin
To: Gian Martire; Piu Ghosh (she/her); Luke Connolly
Cc: City of Cupertino Planning Commission
Subject: 2025-04-22 Planning Commission Mtg - ITEM 4 Westport - PLEASE POST 2 PRESENTATIONS Date: Tuesday, April 22, 2025 8:55:12 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AS PART OF THE WRITTEN COMMUNICATIONS FOR THIS ITEM.

Dear Gian, Piu and Luke,
Would you please post both Gian’s and the developer’s presentations to the city website for this meeting so people like myself can review them more slowly? Thank you very much,
Peggy Griffin
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Cupertino Assisted Living - Project Modification Back Up Building 1 (Senior Assisted Living) Parking Needs:

Use Expected Count Typical Parking Need Onsite
Stalls
Potential
Surplus
Reasoning for Delta Alternative for Potential Overflow
Residents 171 Units 14 Stalls
= 8% Utilization Rate
(# of Cars / # of Units)
3 11 Residents will be encouraged against
bringing cars. Onsite stalls will be
dedicated to concierge vehicles.

Concierge vehicles take Residents w/in 25 min
radius, nearby Oakmont Properties have surplus
parking (6.5-8.0 miles away in SJ)
Staff 110 Staff / 3 Shifts
= 37 Staff per Shift
10-13 Stalls
= 25-35% of Max
40 Shift Staff
10 3 75% of staff at nearby Oakmont
Properties take alt transit, staff will be
incentivized through vouchers, etc.

Bus, Bike, Hopper, Carpool, De Anza, Use of Retail
Space when not open (i.e. night shift)
Visitor 30 Daily throughout Day
= 5-10 at given time
5-10 Stalls
= 17-33% of
Daily Visitors
5 5 Guest count is variable on day/time,
estimated 30 guests per day spread
across 3-6 visit times
Uber/Carshare, De Anza
Public Parking
Subtotal - Senior Assisted Living 37 Stalls 18 Stalls 19 Stalls Retail 4 Stalls per 1,000 GSF
on 4,000 GSF
16 Stalls 16 0 N/A
Total 53 Stalls 34 Stalls 19 Stalls
ALTERTNATIVE: REMOVE RETAIL SF Reallocate 16 Retail Stalls Reallocate 16 Retail Stalls to Resident/Staff Parking 16 Stalls to Residential/Staff Parking Total - Senior Assisted Living 53 Stalls 34 Stalls
Impacts to Building 2 (Senior Independent) if Building 1 (Senior Assisted Living) doesn’t get built:

1. Added Annual Maintenance Costs per REA Budget:

Year 1 REA Budget $97,945
Building 1 Share $50,931

2. Loss of 7 Parking Stalls to be provided following construction of Building 1 7 Parking Stalls Cost PSF SF per Stall Total Cost
Underground $ value $300.00 325 $682,500
Surface $ value $60.00 325 $136,500

3. Loss of Common Open Space (Building 2 Open Space included in Building 1’s Central Green) Park SF Cost PSF Total Cost
Estimated Cost of Park 12,250 $170 $2,082,500 includes Hard + Soft Costs 562
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cc 05-06-2025
Item No. 13
Modification to
Westport
Development
Written Communications
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From:

To:

Cc:

Subject:

Date:

Attachments:

James Lloyd
Liang Chao; Kitty Moore; Sheila Mohan; J.R. Fruen; R "Ray" Wang; City Cou ncil Piu Ghosh Cshe/herl: City of Cupertino Planning Dept.: City Attorney"s Office; Cupertino City Manager"s Office; ~
public comment re item 13 for 5/6/25 Council meeting
Monday, May 5, 2025 2:54:51 PM
Cupertino - 21267 Stevens Creek Boulevard - HAA Letter - CC.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you rncognize the sender and know the content is safe.

Dear Cupertino City Council,
The California Housing Defense Fund ("CalHDF") submits the attached public comment re item 13 for the 5/6/25 Council meeting, the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, including 29 units affordable to very low-income households.

Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
j [email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
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May 5, 2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development Project at 21267 Stevens Creek Boulevard By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Cupertino City Council,
The California Housing Defense Fund ("CalHDF") submits this letter to remind the City of its obligation to abide by all relevant state housing laws when evaluating the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, including 29 units affordable to very low-income households. These laws include the Housing Accountability Act ("HAA"), the Density Bonus Law ("DBL"), and AB 2097.

The HAA provides the project legal protections. It requires approval of zoning and general plan compliant housing development projects unless findings can be made regarding specific, objective, written health and safety hazards. (Gov. Code, § 65589.5, subds. (d), (j).) The HAA also bars cities from imposing conditions on the approval of such projects that would render the project infeasible or reduce the project's density unless, again, such written findings are made. (Id. at subd. (d).) As a development with at least two-thirds of its area devoted to residential uses, the project falls within the HMs ambit, and it complies with local zoning code and the City's general plan. Increased density, concessions, and waivers that a project is entitled to under the DBL (Gov. Code,§ 65915) do not render the project . noncompliant with the zoning code or general plan, for purposes of the HAA. ( Gov. Code, § 65589.5, subd. (j)(3).) The HMs protections therefore apply, and the City may not reject the project except based on health and safety standards, as outlined above.

CalHDF also writes to emphasize that the DBL offers the proposed development certain . protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers 360 Grand Ave #323, Oakland 94610
www.calhdf.org
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and concessions with respect to ground floor retail, in addition to the previously approved waivers and concessions, unless it makes written findings as required by Government Code, section 65915, subdivision (e)(1) that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or as required by Government Code, section 65915, subdivision (d)(1) that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City "may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes 'amenities' beyond the bare minimum of building components." (Bankers Hi/1150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.)
Finally, the project is exempt from off-street parking pursuant to AB 2097 given its location near transit. CalHDF understands that City staff is contesting the applicability of the law to the project, given that the previous version of the project was entitled before the law came into effect.

First, the project is seeking amended entitlements, and staff have accordingly forced the project to go through additional environmental review accordingly. A denial of the amended entitlements would be a denial of the project, governed by the restrictions imposed on the City by the HAA, outlined above. The presence of any previous entitlement on the site does not change the need for the city to make findings under the HAA for any denial of the project currently under consideration.

Additionally, AB 2097 clearly states "Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section." (Gov. Code,§ 65863.2, subd. (i).) The Legislature has clearly articulated its intent that local agencies should interpret the law as prohibiting parking requirements.

Furthermore, the California Department of Housing and Community Development ("HCD") has issued guidance that AB 2097 can, in fact, be applied retroactively. From page 6 of the linked January 2025 memorandum:

Can AB 2097 be used to eliminate an existing parking agreement7 Yes, with the exception of contractual commercial parking agreements with a public agency that were executed before January 1, 2023.
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The parking in question is not a contractual commercial parking agreement with a public agency, and therefore the HCD guidance is that AB 2097 can be used to eliminate the parking agreement between the applicant and the city.

Finally, it is unclear why the City is fighting to impose parking requirements on assisted living and memory care units, where residents are likely unable to drive or choose not to.

As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit; it will provide badly-needed affordable housing; it will bring increased tax revenue and new customers to local businesses; and it will reduce displacement of existing residents into homelessness. Most importantly, it will allow seniors to age with dignity by providing invaluable assisted living and memory care housing. While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CalHDF urges the City to approve it, consistent with its obligations under state law.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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From :

To:

Subject:

Date :

Attachments:
radler digiolaces com
~
PPT slides for May 6 City Council meeting, Item # 13
Monday, May 5, 2025 10:55 :33 AM
Richard Ad ler 5 6 25.pptx
CAUTION: This email ori gin ated fro m outside of the orga nization. Do not clicl< links or open attachment s unless you recogni ze t he sender and know the content is safe.

Attached is a Powerpoint presentation (3 slides) that I would li ke to use with a public comment I plan to make in relation to Item #13 on the City Council meeting agenda for tomorrow night, May 6th (Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development).

Thank you,
Richard Adler
Age Friendly Cupertino
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Presentation to
Cupertino City Council
Item #13:

Westport Development Permit Modification
Richard Adler
Age-Friendly Cupertino
May 6, 2025
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Cupertino's 65+ and 75+ Population
2015-2035
- Age 65+ - Age 75+

25.0%

20.0%

15.0% 13.1% 14.4% ,

10.5%
a 11:.01.. \

10.0%

5.5% 6.2% 7.2%

5.0%

0.0%
2015 2020 2025 2030 2035
Richard Adler May 6, 2025 2
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Assisted Living
Units Available
Need for Assisted Living by Age
A<J.e 65-69 70-74 75-79 80-84 85-89 90+
2025:
221
Richard Adler May 6, 2025
2035:
?
•
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Prevalence of Alzheimer's
in Cupertino's 65+ Population
Memory Care
Units Available:
2025
8,445
Cupertino's
65+ population

10.6%
% with Alzheimer's
895
65+ residents
with Alzheimer's
103
Richard Adler May 6, 2025
2035
11,400
Cupertino's
65+ population
11%
% with Alzheimer's
1,250
65+ residents
with Alzheimer's
?
•
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Data Sources

1. Cupertino's 65+ Population, 2015-2035
2015 City of Cupertino Parks and Recreation Master Plan Demographic Analysis (2016) 2020 Same as above (updated for 2020)
2025 Neilsberg demographic insights
2030-35 Projections:

Santa Clara County Office of Aging Reports
State of California Department of Finance population projections U.S. Census Bureau trends and regional aging patterns in Silicon Valley

2. Prevalence of Alzheimer's in Cupertino, 2025-2035
Alzheimer's Association: 2024 Alzheimer's Disease Facts and Figures trt1Q.S.;/LlivwwAlz.org/media/DoCJJIJ18nts/alLheimers-facts-and-figures.pdf California Department of Public Health-Alzheimer's in California https://www.cdph.ca.gov
U.S. Census Bureau Population Estimates and Projections Santa Clara County Public Health Department-Aging and Health Reports https • //pu blichea lth. sccgov.org
Neilsberg Demographic Report·s (2025 estimates)
bll~_WYV~e.il.s..be.rg,com/insigbtsL.cupertino-ca-QQQ.Ula:tio.n:b.y2age/ Richard Adler May 6, 2025 5
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From: DeWitt, Cascade <cascade.zak@related .com>
Sent: Monday, May 5, 2025 1 :32 PM
To: Nicholas Roosevelt <[email protected]>; Liang Chao <[email protected]>; City Council <[email protected]> Cc: James Abrams <[email protected]>; Simsik, Balint <Balint.Simsi [email protected]>; Gian Martire <[email protected]_y'>; Floy Andrews <[email protected]>; City Attorney's Office <[email protected]> Subject: RE: Letter Regarding Item #13 on City Council's Agenda for May 6 (Westport Project Building #1)
CAUTION: This email originated from outside of the organization . Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please try this link:
https:/ /related. box.com/s/gf05uttembjt7hgk3d2frcqyfnhg21 xi Cascade Zak DeWitt
(415) 342-4638
cascade.zak@related .com
From: Nicholas Roosevelt <[email protected]>
Sent: Monday, May 5, 2025 12:55 PM
To: [email protected]; [email protected]
Cc: James Abrams <[email protected]>; Simsik, Balint <[email protected]>; DeWitt, Cascade <cascade.zak@related .com>; Gian Martire <[email protected]>; Floy Andrews <[email protected]@>; [email protected]
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Subject: Letter Regarding Item #13 on City Council's Agenda for May 6 (Westport Project Building #1)
Dear Mayor Chao and CouncilmembersIn the following link, please find a letter regarding tomorrow's hearing on the proposed modifications to Westport Project Building 1 (Item #13 on the Council's agenda for tomorrow evening):
https://www.dropbox.com/scl/fi/bo74navus1 i21wi48hrs4/J-Abrams-Letter-re-WestportRevised-Program .pdf?rlkey=0fajpzbthtz0s25jp5rpwne8b&dl=0 [dropbox.com] Please do not hesitate to contact me if you have any issue accessing the file link (the link is necessary as opposed to an email attachment due to the size of the attached September 6, 2024 plan set for the proposed modifications).

Thanks,
Nick
Nick Roosevelt
J. Abrams Law, P.C.
538 Hayes Street
San Francisco, CA94102
Email: [email protected]
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Cell: (504)-717-9251
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosu re or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

The information contained in this message and any attachment(s) may be privileged, confidential, proprietary or otherwise protected from disclosure and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message and any attachment is strictly prohibited and may be unlawful. If you have received this message in error, please notify us immediately by replying to this email and permanently delete the message from your computer. Nothing contained in this message and/or any attachment(s) constitutes a solicitation or an offer to buy or sell any securities. 576
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VIAE-EMAIL
May 5, 2025
Liang Chao
Mayor
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Re: Westport Cupertino Project, Building 1
Dear Mayor Chao and Councilmembers:

J. ABRAMS LAW, P.C.
538 Hayes Street
San Francisco, CA 94102
Nick Roosevelt
[email protected]
This firm represents the project sponsor of the "Building l" development ("Building l ") within the Westport Cupertino project (the "Project"). The City Council is scheduled to hear proposed modifications to the Project on May 6, 2025. In advance of the hearing we wish to raise the following issues with the City Council.

AB2097 & Condition Regarding Additional Parking
We refer you to our April 18, 2025 letter to the Planning Commission, which provides detailed reasoning why the Staff Repo11 in the case file for your May 6 hearing incorrectly asse11s that the Project is not eligible to use AB2097 to reduce its required parking (the letter can be found on page 25 of the public comment pdf included in the case file for the May 6, 2025 hearing). We were disappointed to see the Planning Commission adopt the staff report's recommended condition of approval requiring that the Project add 20 additional surface parking spaces, but reiterate that in the interest of expedient approval of the Project, the project sponsor is willing to work with Planning staff on modifying the Project's site plan to include 20 additional parking spaces. This would require reconfiguration of the ground-level plan for the site, likely including changes to the currently proposed landscaped and open areas and potentially including modifications to the building's first-level floor plan to arrive at a more efficient parking layout capable of suppo11ing the additional 20 spaces.

We continue to maintain that the City Council should reject the recommendation of staff and the Planning Commission and conclude that AB2097 does not permit the City Council to condition Project approval on the requirement to add 20 additional parking spaces. However, should the City Council ultimately chose to include the condition, we would ask that the Council's condition clarify that any design modifications necessary to accommodate 20 additional spaces 577
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shall be reviewed and finally approved by Planning staff, without additional hearings before the Planning Commission or City Council.

Plan Set
The case file for the May 6 hearing does not include the record plan set proposed by the proj ect sponsor for approval and instead only includes a site plan sheet. Further, the draft approvals include in the case file for the May 6 hearing reference the initially submitted plan set for the Project dated April 1, 2024, instead of the latest resubmittal of the plan set addressing staff comment dated September 6, 2024. For the sake of record clarity, we have attached the September 6, 2024 plan set to this letter as Attachment 1 and hope that staff will clarify on May 6 the correct plan set date reference for the Project's approvals.

Please note that we have made one change to the September 6, 2024 record plan set included as Attachment 1, which is a redline annotation on the cover sheet (Sheet G 11) flagging that the listed parking figures are subject to the analysis and modifications recommended by staff in the Staff Report for the May 6 hearing (discussed on the previous page of this letter).

Increased Retail/ Reduced Park Land Fee
In response to the Planning Commission's additional recommended condition of approval intended to incentivize adding 4,000 square feet of retail by waiving some or all of the Park Land Dedication In-Lieu Fee, City staff requested supplemental sponsor feedback on the feasibility and cost of including additional retail space on the ground floor of Building 1, the sponsor team conducted a preliminary assessment and believes it may be feasible to add approximately 2,500 square feet of additional retail space on the ground floor. Achieving this outcome would require relocating ce1tain uses to Level 6, expanding the building's overall gross square footage, and reducing the currently proposed setbacks on Level 6 (that is, the building's currently proposed envelope would increase at Level 6). Sponsor estimates the increased cost to implement these changes would be approximately $3 million.

These figures are based on an early-stage analysis, initiated specifically at City staffs request to evaluate the Planning Commission's recommended condition added at its hearing regarding the potential for any incremental retail that could be added and at what cost.

Notably, to sponsor's knowledge, City staff have not identified a pathway by which any incentive to add retail by waiver of the Park Land fee might be approved. Importantly, to maintain the financial viability of the Project, it is critical that no additional delays or discretionary approvals occur beyond the scheduled May 6, 2025 hearing. 2 578
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We look forward to presenting the Project to the City Council on May 6 and respectfully request the City approve the requested modifications in a manner consistent with requests and clarifications set forth in this letter.

CC:

All City Councilmembers
citycounci [email protected]
Nick Roosevelt
Gian Martire
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
3 Floy Andrews
City Attorney
City of Cupertino
10300 Torre A venue
Cupertino, CA 95014
[email protected]
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ATTACHMENT 1
Record Plan Set Dated September 6, 2024
(including redline annotation re parking on Sheet GI 1) 4 580
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WESTPORT CUPERTINO BUILDING 1

ENHANCED SENIOR AND FAMILY LIVING PROJECT (REVISED)

WESTPORT

CUPERTINO
BUILDING 1
.?i2G7 STEVENS CREEK BL VO
CUPERTINO. CA
REV.TI:OCOI.IP~llfS, l LC
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COVER SHEET
GOO
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PROJECT SUMMARY REVISIONS
This updated shee.1 reflect the changes proposed lor building , on tho entiUod sheet G202A.

Any updates from olhor parcels (Bu!ldlng 2, Townhooses) are no1 reflecied he1e.

1. PROJECT REVISIONS TO BUILDING 1 INCLUDES THE FOLLOWING Tho curved (51cklo) ponlon of the building along Mory Avenue Increased In deplh by B'-0" from Iha entitled plan in order to meel tho needs IOf cloar space and access for seniors drcu1ollon within their rosldentlol units.

Memory care 1errace mcMKI to the Inside of the lll..lildlng to overlook the central green, rather than the panllng lot.

Revision of lhe grounCI floor height from 20'-0• lo 16'-0" and incremental Increases 10 lloo~ helghls above In order to optimize floor heights for residentlel occupancy. The building overall height Is now 78'-8".

Addition of therapy pool terrace and wellness/gym al ground floor. The si111h floor selback.s have lneteased. This modification will significantly reduce the wsstern building elevation and perceived height or the bulldlng along Stevens Creek Boul&vard.

Thero has been an overall reduction ol tho ro!all space. We havo rotalnO<l rotail &p&al at tho comers that face Steven Crook boulevard and at lhe ln1ersectlonolMaryavenue.

Revision to uni! types and mht Including increasing the number or memo,y care units, as the noea was highlighted by the community and Aging Cuperllno.

If s,~ m: o< hao ""~" ,omo,ed l6. Revision 10 unh iypes and mhc lneluding Increasing the number or memory ca,e units, as the need was highlighted by the community and Aging Cupenlno, and two-bodroom units tor couplos and reducing the number of smaller studios.

2. PROJECT PROGRAM SUMMARY:
• Senior Living / Aalall Building 1: 6-s101les:
117,303 SF rnsldenllal: 195,253 GSF
171 senior living units (35 memory ca,&)
4,000 SF of ground-level re1a11.
lFV[l0,1
-t(VCI.Ol
0 LEVEL Q2
LEVt LUI
i~
,34,797Sf
l34.700 5r
'J4,7J6Sr" .
'.3s.7,1 zsf
.!.Z1.728Sf
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3. PROYISK>HS TO VARY FROM HEART OF THE CITY PLAN PURSUANT TO STATE DENSITY BONUS LAW.

Slope solbaek wmvers tor Bulkllng 1 (senior housing,' commarci.il) trom 1:1 10 slope satb.ack currently illustra1od on Sheet G14.

ZONING CODE DATA REVISIONS
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City Council hearing detailing
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proj ect parking.
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Short Torm Retall (Clas& II) 1 f 1,250SF pacaa/ providod

DRAWING INDEX

GENERAL

GOO COVER SHEET
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SITE PLAN
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LEVEL2PLAN
LEVEL 3-5 PLAN
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ROOF PLAN
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TYPICAL UNIT LAYOUTS

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LSK1 PHOTOt.lETRIC CALCULATIONS. SITE

PROJECT TEAM
H I.JllEO COW'tJIE:i, llC
+1 r.t0NTGOl<~ $ 11a:Cl5l/11'£1'.lll0
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WESTPORT

CUPERTINO
BUILDING 1
l!267 STEVENS CRF.[ K Bl VO

CUPERTINO CA
REL.J,'fl!OCOI.IPf<tlll!S. ~LC.
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SANFR/lt1C1SCO, CA ll,10,&
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SANFRAHCl~. CA!Mlll
IIINl.t:T•llOl\li
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"" 785MARIIETSTREEl. 5UITE&OO
SAN FRANCISCO. CA UIOl
: =.:-t;;;~~~- ........

PROJECT SUMMARY
G11
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WESTPORT

CUPERTINO
BUILDING 1
212675TEVENSCR[fK BLVD
CUPERTINO. CA
RE LATED C0"41'Nlll!!, LLC
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SAN FANICISCO, CAi-1 1D-I

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SAN FRNICISCO, CA 1-11 11
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SAN FAANCISCO, CAU IDJ

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WESTPORT
1 CUPERTINO
BUILDING 1
21267 STEVENS CREEK BLVD.

CUPERTINO, CA
REl. ... TEDCm.lP-'lflES, LLC
.... MOIITGOMERY STREE'T SUITE noo SANFR.0.NCISCO, CA&,11()4 STElt.lBERG>lMT
ll6SA.TTERYST, SUl1E300
SAUFR,t,NCISCO.CA. 6"111
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4aJ7CI-IABOTCRI\IE, SUITElOO
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SAN FRANCISCO CA !IJ10J
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ROOF OUTLINE OF

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WESTPORT

CUPERTINO
BUILDING 1
212C.7 STEVENS CRf.EK Bl VD
CUPERTINO. CA
AEt.,t,Tl!DC~Nnl!S. U.C
,,MONTOOMCR'l' &TRt CT.sutTE 1:!iCIO
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SLOPE SETBACKS
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WESTPORT

CUPERTINO
BUILDING 1
2 !267 STEVENSCRf:(K BLVD
CUPERTINO. CA
AELATEOCOMPANleS, ~LC
44MOf.lTOOMERYSTRCCT SUITt lXIO
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PLEASANTON, CA ~W
""' 785t.lAAKET 51AEEf,5UITE 600

SAN FRANCISCO, CA &U OJ
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WESTPORT
CUP!::RTINO
BUILDING 1
21267 STEVENS CREEK F.!LVO,
CUPERTINO. CA
RELATEDCOMP.Vlll!S. U . .C
44 MOUfGOf,IERY 6TRCCT.SUl'Tt 1,00
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A21
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WESTPORT

CUPERTINO
BUILDING 1
21267 STEVENS CR[EK BLVD
CUPERTINO. C.A
REL.ATEOCOl.1PNll~5.U.C
U I.IOIITGOMl:R'r' STR[CT,sum: 1:IOO
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WESTPORT
CUPE:RTINO
BUILDING 1
2!2fl7 STEVENS CREEK BLVD
CUPERTINO. C.\
AEl.,lTEOCOMPA/;lfS, LLC
STI:INl!ERGHART
918ATTERYST. !IUIIE)OQ
SANFRAIICISCO, CAIM!ll
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Pl~f~.CAMSU
"" 7115MARKE'T STREET,SUITE 800 SANFRN<ICISCO CA&411)J
LEVEL 3· 5 PLAN
A23
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WESTPORT

CUPERTINO
BUILDING 1
212fi7 STEVENS CRt(~ BLVD
CUPERTINO. CA
AEL,1,TEDCOMPNllH. u .c
~, MONTOOMCAY SlACIT.SUIU llQO
SAN FRAHCISCO. CAUID-1
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SAN FRANCISCO C" UIOJ
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WESTPORT

CUPERTINO
BUILDING 1
2!2675TEVENSCijE£K BLVD

CUPERTINO, CA
RELATEO C0UP"1UES LLC
~~I.IONf COMEA't'&TR[CT$U(TE 1XIO
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A27
592
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592 of 761

SENIORLNING

SENIOR LMNG

SENIOR LIVING
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THIS UPDATED SHEET REFLECTS

THE CHANGES PROPOSED FOR
BUILDING 1 ON THE ENTITLED
SHEET A213.

WESTPORT

CUPERTINO
BUILDING 1
21267 STEVENS CREEK BLVD

CUPERTINO, CA
nELATEDCOMPANIES, LLC
••MOUTGOMERY6TRCCT,S1J1Tt 1l00
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BUILDING SECTION AND
_ __ _ _ ELEVATIONS
A31
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NORTH ELEVATION

EAST ELEVATION
NOTEJ
_PROJECT SHALL COMPLY WITH THE BIRO SAFETY AND DARK SKY ORDINANCE ADOPTED ev CITY OF CUPERTINO, CA,
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THIS UPDATED SHEET REFLECTS THE CHANGES PROPOSED FOR
BUILDING 1 ON THE ENTITLED
SHEETA214.

WESTPORT

CUPERTINO
BUILDING 1
21267 STEVENS CREEK BLVD

CUPERTINO, CA
~• I.IOtlloc».IERYSTACCT,SUITC llOO
STEINB!lROWIRT
988'\TT F.RVST, SUITElOO
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• &.:17 CHADOT CAIVE. 9UITC 300
PI.EAs.\NTON, CA ~Sa&
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BUILDING ELEVATIONS
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594
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TYPICAL MEMORY CARE UNIT
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WESTPORT

CUPERTINO
BU ILDING 1
21267 STEVENS CREEK 6L VD

CUPERTINO CA
AELATEDCOl.ll'AIUES. LLC
U UONtOOMtA'f GTRCCT.s u m: 1.300
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PLCAs.\.NTON. CA !MSU
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SAN FRANCISCO CAUIQ.l
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TYPICAL UNIT LAYOUTS
~
595
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BUILD
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RETAIL

PARKING

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■ OECORAT,VE PATHWAYS
■ ARTISTIC BENCHES
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WESTPORT

CUPERTINO
BUILDING 1
21267 STEVENS CREEK BL VD
CUPERTINO. CA
AELATI:OCOl,IPNlle.S, U.C
Ut.lONTOOMllATSTRU'TSUIT[ llOO
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LOCATIONS
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llluminance or luminance takulatlons are for lighting design aid purposes only. All caltulatlons performed by Horton Lees Brogden Lighting Design have been based on IESNA standards, lightlng manufacturers' data and 1100d practice. Some differences between measured values and calculated results may occur due to tolerances In calculation methods, testing procedures, component performance, measurement techniques and neld conditions such as voltace and temperature variations.

Input d.ita used to generate the c.ilculatlons such ils room dimensions, rellectances, furniture and archltec1ural elements significantly affect the llghtlng calculatlons. If the real environment conditions do not match !he Input data, differences will occur between measured values and calculated values. 7"'----..!L-. .
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WESTPORT

CUPERTINO
BUILDING 1
2!267 ST£VENSCRCCK BLVD
CUPERTINO. CA
Rft.ATfO COI.U'ANIES, l LC
, , UOl/fGOMEAT' BTRECT,SUfTE 1:100
SAN FRANCISCO.CAQ-110,,
STEltlllEROltAAT
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CC 05-06-2025
Item No. 13
Modification to
Westport
Development
Written Communications
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From: radler digiplaces. com
To: City Clerk
Subject: Fw: PPT slides for May 6 City Council meeting, Item # 13 -- VERSION 2 Date: Monday, May 5, 2025 4: 12: 43 PM
Attachments: Richard Adler 5.6.25 v2. pptx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Attached is VERSION 2 of my slides for tomorrow's City Council meeting. I have added one more slide.

Please use this version.

Thanks.

From: radler digiplaces.com
Sent: Monday, May 5, 2025 10:54 AM
To: [email protected] <[email protected]>
Subject: PPT slides for May 6 City Council meeting, Item #13 Attached is a Powerpoint presentation (3 slides) that I would like to use with a public comment I plan to make in relation to Item #13 on the City Council meeting agenda for tomorrow night, May 6th (Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development).

Thank you,
Richard Adler
Age Friendly Cupertino
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Presentation to
Cupertino City Council
Item #13:

Westport Development Permit Modification
Richard Adler
Age-Friendly Cupertino
May 6, 2025
v2
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Cupertino’s 65+ and 75+ Population
2015-2035
Richard Adler May 6, 2025 2 601
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Cupertino Population 65+ vs Under 18
2015-2035)
Richard Adler May 6, 2025 3 602
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Need for Assisted Living by Age
Richard Adler May 6, 2025 4 603
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Prevalence of Alzheimer’s
in Cupertino’s 65+ Population
Richard Adler May 6, 2025 5
Memory Care 103 ?
Units Available:
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Data Sources

Santa Clara County Office of Aging Reports
State of California Department of Finance population projections U.S. Census Bureau trends and regional aging patterns in Silicon Valley Richard Adler May 6, 2025 6

2. Prevalence of Alzheimer’s in Cupertino, 2025-2035
Alzheimer’s Association: 2024 Alzheimer’s Disease Facts and Figures https://www.alz.org/media/Documents/alzheimers-facts-and-figures.pdf California Department of Public Health – Alzheimer’s in California https://www.cdph.ca.gov
U.S. Census Bureau Population Estimates and Projections Santa Clara County Public Health Department – Aging and Health Reports https://publichealth.sccgov.org
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From: Gian Martire
To: Tina Kapoor; City Clerk
Cc: Benjamin Fu; Luke Connolly
Subject: Fw: HAC re Westport
Date: Tuesday, May 6, 2025 7: 17: 40 AM
Attachments: HAC Letter re Westport Revised Program 5.5.2025.pdf Gian Martire
Senior Planner
Community Development
GianM@cupertino. gov
408) 777-3319
From: Corey Smith < corey@housingactioncoalition. org>
Sent: Monday, May 5, 2025 6:36 PM
To: Liang Chao < lchao@cupertino. org>
Cc: City Council <[email protected]>; Gian Martire <[email protected]> Subject: HAC re Westport
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Mayor Chao,
On behalf of the Housing Action Coalition, please see our attached letter regarding the Westport project.

Let me know if you have any questions.

Respectfully,
Corey Smith
Executive Director, Housing Action Coalition
Corey Smith Pronouns: He/Him
Executive Director | Housing Action Coalition
555 Montgomery Street, Suite 720, San Francisco, CA 94111 Cell: (925) 360-5290 | Office: ( 415) 300-0967
Email: corey@housingactioncoalition. org | Web: housingactioncoalition. org Please note the new email and website.
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May 5, 2025
Liang Chao
Mayor
City of Cupertino Planning Commission
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Re: May 6 Hearing on the Westport Cupertino Project
Dear Mayor Chao:

The Housing Action Coalition wishes to reiterate to the City Council its message to the City’s Planning Commission in its April 21, 2025 letter, which is that the staff report for the proposed modifications to the Westport Cupertino project incorrectly asserts that the project cannot use AB2097 to reduce its previously approved parking because AB2097 does not allow retroactive application to previously approved projects. Simply put, there is no basis in the text of AB2097 supporting staff’s position and the staff report position on AB2097 is inconsistent with the clear intent of law and would by contrary to published guidance from State HCD.

We also wish to express our alarm at watching the course of deliberation at the Planning Commission’s April 22 meeting, during which the Planning Commission took numerous votes on recommended conditions of approval that would have plainly violated state housing law (not just AB2097, but also the State Density Bonus Law, and Housing Accountability Act) and otherwise attempted to unduly pressure the project sponsor into agreeing to unlawful conditions of approval, such as increasing the amount of ground floor retail (despite a clear record supporting that the City may not do so under the state density bonus law), further increasing the amount of on-site parking or requiring expensive off-site parking requirements (disallowed by AB2097), and reconfiguring the project’s use program (disallowed under both the State Density Bonus Law and Housing Accountability Act).

While certain voices of reason on the Commission rightfully questioned the City’s unlawful disregard of AB2097 and the Commission ultimately cabined the scope of its additional recommended conditions of approvals, the ultimate vote nevertheless violated AB2097 by unlawfully recommending approval of the proposed modifications conditioned on sponsor including 20 more parking spaces.

We hope the City Council at its May 6 hearing will reject the unlawful condition regarding additional required parking and otherwise adhere to state housing law by approving the proposed modifications without delay or any additional unlawful conditions.
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Sincerely,
Corey Smith, Executive Director
CC:

All City Councilmembers
citycouncil@cupertino. gov
Gian Martire
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
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CC 05-06-2025
Item No. 13
Modification to
Westport
Development
Written Communications
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From: James Lloyd
To: Liang Chao; Kitty Moore; Sheila Mohan; J.R. Fruen; R "Ray" Wang; City Council Cc: Piu Ghosh (she/her); City of Cupertino Planning Dept.; City Attorney"s Office; Cupertino City Manager"s Office; City Clerk
Subject: public comment re item 13 for 5/6/25 Council meeting Date: Monday, May 5, 2025 2:54:51 PM
Attachments: Cupertino - 21267 Stevens Creek Boulevard - HAA Letter - CC.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino City Council,
The California Housing Defense Fund (“CalHDF”) submits the attached public comment re item 13 for the 5/6/25 Council meeting, the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, including 29 units affordable to very low-income households.

Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
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May 5, 2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development Project at 21267 Stevens Creek Boulevard By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Cupertino City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state housing laws when evaluating the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, including 29 units affordable to very low-income households. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and AB 2097.

CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers 360 Grand Ave #323, Oakland 94610
www.calhdf.org
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and concessions with respect to ground floor retail, in addition to the previously approved waivers and concessions, unless it makes written findings as required by Government Code, section 65915, subdivision (e)(1) that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or as required by Government Code, section 65915, subdivision (d)(1) that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.)
Finally, the project is exempt from off-street parking pursuant to AB 2097 given its location near transit. CalHDF understands that City staff is contesting the applicability of the law to the project, given that the previous version of the project was entitled before the law came into effect.

Can AB 2097 be used to eliminate an existing parking agreement? Yes, with the exception of contractual commercial parking agreements with a public agency that were executed before January 1, 2023.
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The parking in question is not a contractual commercial parking agreement with a public agency, and therefore the HCD guidance is that AB 2097 can be used to eliminate the parking agreement between the applicant and the city.

Finally, it is unclear why the City is fighting to impose parking requirements on assisted living and memory care units, where residents are likely unable to drive or choose not to.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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From: radler digiplaces.com
To: City Clerk
Subject: PPT slides for May 6 City Council meeting, Item #13 Date: Monday, May 5, 2025 10:55:33 AM
Attachments: Richard Adler 5.6.25.pptx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Attached is a Powerpoint presentation (3 slides) that I would like to use with a public comment I plan to make in relation to Item #13 on the City Council meeting agenda for tomorrow night, May 6th (Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development).

Thank you,
Richard Adler
Age Friendly Cupertino
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Presentation to
Cupertino City Council
Item #13:

Westport Development Permit Modification
Richard Adler
Age-Friendly Cupertino
May 6, 2025
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Cupertino’s 65+ and 75+ Population
2015-2035
Richard Adler May 6, 2025 2 616
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Need for Assisted Living by Age
Richard Adler May 6, 2025 3 617
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Prevalence of Alzheimer’s
in Cupertino’s 65+ Population
Richard Adler May 6, 2025 4
Memory Care 103 ?
Units Available:
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Data Sources

1. Cupertino’s 65+ Population, 2015-2035
2015 City of Cupertino Parks and Recreation Master Plan Demographic Analysis (2016) 2020 Same as above (updated for 2020)
2025 Neilsberg demographic insights
2030-35 Projections:
• Santa Clara County Office of Aging Reports
• State of California Department of Finance population projections • U.S. Census Bureau trends and regional aging patterns in Silicon Valley Richard Adler May 6, 2025 5

2. Prevalence of Alzheimer’s in Cupertino, 2025-2035
Alzheimer’s Association: 2024 Alzheimer’s Disease Facts and Figures https://www.alz.org/media/Documents/alzheimers-facts-and-figures.pdf California Department of Public Health – Alzheimer’s in California https://www.cdph.ca.gov
U.S. Census Bureau Population Estimates and Projections Santa Clara County Public Health Department – Aging and Health Reports https://publichealth.sccgov.org
Neilsberg Demographic Reports (2025 estimates)
https://www.neilsberg.com/insights/cupertino-ca-population-by-age/ 619
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From: DeWitt, Cascade <[email protected]>
Sent: Monday, May 5, 2025 1:32 PM
To: Nicholas Roosevelt <[email protected]>; Liang Chao <[email protected]>; City Council <[email protected]> Cc: James Abrams <[email protected]>; Simsik, Balint <[email protected]>; Gian Martire <[email protected]>; Floy Andrews <[email protected]>; City Attorney's Office <[email protected]> Subject: RE: Letter Regarding Item #13 on City Council's Agenda for May 6 (Westport Project Building #1)
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please try this link:
https://related.box.com/s/qf05uttembjt7hgk3d2frcqyfnhg21xi Cascade Zak DeWitt
(415) 342-4638
[email protected]
From: Nicholas Roosevelt <[email protected]>
Sent: Monday, May 5, 2025 12:55 PM
To: [email protected]; [email protected]
Cc: James Abrams <[email protected]>; Simsik, Balint <[email protected]>; DeWitt, Cascade <[email protected]>; Gian Martire <[email protected]>; Floy Andrews <[email protected]>; [email protected]
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Subject: Letter Regarding Item #13 on City Council's Agenda for May 6 (Westport Project Building #1)
Dear Mayor Chao and Councilmembers—
In the following link, please find a letter regarding tomorrow’s hearing on the proposed modifications to Westport Project Building 1 (Item #13 on the Council’s agenda for tomorrow evening):
https://www.dropbox.com/scl/fi/bo74navus1i21wi48hrs4/J-Abrams-Letter-re-WestportRevised-Program.pdf?rlkey=0fajpzbthtz0s25jp5rpwne8b&dl=0 [dropbox.com] Please do not hesitate to contact me if you have any issue accessing the file link (the link is necessary as opposed to an email attachment due to the size of the attached September 6, 2024 plan set for the proposed modifications).

Thanks,
Nick
-------------
Nick Roosevelt
J. Abrams Law, P.C.
538 Hayes Street
San Francisco, CA 94102
Email: [email protected]
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Cell: (504)-717-9251
______________________________
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

VIA E-EMAIL
May 5, 2025
Liang Chao
Mayor
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Re: Westport Cupertino Project, Building 1
Dear Mayor Chao and Councilmembers:

This firm represents the project sponsor of the “Building 1” development (“Building 1”) within the Westport Cupertino project (the “Project”). The City Council is scheduled to hear proposed modifications to the Project on May 6, 2025. In advance of the hearing we wish to raise the following issues with the City Council.

AB2097 & Condition Regarding Additional Parking
We refer you to our April 18, 2025 letter to the Planning Commission, which provides detailed reasoning why the Staff Report in the case file for your May 6 hearing incorrectly asserts that the Project is not eligible to use AB2097 to reduce its required parking (the letter can be found on page 25 of the public comment pdf included in the case file for the May 6, 2025 hearing). We were disappointed to see the Planning Commission adopt the staff report’s recommended condition of approval requiring that the Project add 20 additional surface parking spaces, but reiterate that in the interest of expedient approval of the Project, the project sponsor is willing to work with Planning staff on modifying the Project’s site plan to include 20 additional parking spaces. This would require reconfiguration of the ground-level plan for the site, likely including changes to the currently proposed landscaped and open areas and potentially including modifications to the building’s first-level floor plan to arrive at a more efficient parking layout capable of supporting the additional 20 spaces.

We continue to maintain that the City Council should reject the recommendation of staff and the Planning Commission and conclude that AB2097 does not permit the City Council to condition Project approval on the requirement to add 20 additional parking spaces. However, should the City Council ultimately chose to include the condition, we would ask that the Council’s condition clarify that any design modifications necessary to accommodate 20 additional spaces 623
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2 shall be reviewed and finally approved by Planning staff, without additional hearings before the Planning Commission or City Council.

Plan Set
The case file for the May 6 hearing does not include the record plan set proposed by the project sponsor for approval and instead only includes a site plan sheet. Further, the draft approvals include in the case file for the May 6 hearing reference the initially submitted plan set for the Project dated April 1, 2024, instead of the latest resubmittal of the plan set addressing staff comment dated September 6, 2024. For the sake of record clarity, we have attached the September 6, 2024 plan set to this letter as Attachment 1 and hope that staff will clarify on May 6 the correct plan set date reference for the Project’s approvals.

Please note that we have made one change to the September 6, 2024 record plan set included as Attachment 1, which is a redline annotation on the cover sheet (Sheet G11) flagging that the listed parking figures are subject to the analysis and modifications recommended by staff in the Staff Report for the May 6 hearing (discussed on the previous page of this letter).

Increased Retail / Reduced Park Land Fee
In response to the Planning Commission’s additional recommended condition of approval intended to incentivize adding 4,000 square feet of retail by waiving some or all of the Park Land Dedication In-Lieu Fee, City staff requested supplemental sponsor feedback on the feasibility and cost of including additional retail space on the ground floor of Building 1, the sponsor team conducted a preliminary assessment and believes it may be feasible to add approximately 2,500 square feet of additional retail space on the ground floor. Achieving this outcome would require relocating certain uses to Level 6, expanding the building’s overall gross square footage, and reducing the currently proposed setbacks on Level 6 (that is, the building’s currently proposed envelope would increase at Level 6). Sponsor estimates the increased cost to implement these changes would be approximately $3 million.

These figures are based on an early-stage analysis, initiated specifically at City staff’s request to evaluate the Planning Commission’s recommended condition added at its hearing regarding the potential for any incremental retail that could be added and at what cost.

Notably, to sponsor’s knowledge, City staff have not identified a pathway by which any incentive to add retail by waiver of the Park Land fee might be approved. Importantly, to maintain the financial viability of the Project, it is critical that no additional delays or discretionary approvals occur beyond the scheduled May 6, 2025 hearing. 624
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3 We look forward to presenting the Project to the City Council on May 6 and respectfully request the City approve the requested modifications in a manner consistent with requests and clarifications set forth in this letter.

Sincerely,
Nick Roosevelt
CC:

All City Councilmembers
[email protected]
Gian Martire
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Floy Andrews
City Attorney
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
[email protected]
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4 ATTACHMENT 1
Record Plan Set Dated September 6, 2024
(including redline annotation re parking on Sheet G11)
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CC 05-06-2025
Item No. 13
Modification to
Westport
Development
Written Communications
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From: James Lloyd
To: Liang Chao; Kitty Moore; Sheila Mohan; J.R. Fruen; R "Ray" Wang; City Council Cc: Piu Ghosh (she/her); City of Cupertino Planning Dept.; City Attorney"s Office; Cupertino City Manager"s Office; City Clerk
Subject: public comment re item 13 for 5/6/25 Council meeting Date: Monday, May 5, 2025 2:54:51 PM
Attachments: Cupertino - 21267 Stevens Creek Boulevard - HAA Letter - CC.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
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May 5, 2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposed Housing Development Project at 21267 Stevens Creek Boulevard By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Cupertino City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by all relevant state housing laws when evaluating the proposed 272-unit housing development project at 21267 Stevens Creek Boulevard, including 29 units affordable to very low-income households. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and AB 2097.

CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers 360 Grand Ave #323, Oakland 94610
www.calhdf.org
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and concessions with respect to ground floor retail, in addition to the previously approved waivers and concessions, unless it makes written findings as required by Government Code, section 65915, subdivision (e)(1) that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or as required by Government Code, section 65915, subdivision (d)(1) that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.)
Finally, the project is exempt from off-street parking pursuant to AB 2097 given its location near transit. CalHDF understands that City staff is contesting the applicability of the law to the project, given that the previous version of the project was entitled before the law came into effect.

Can AB 2097 be used to eliminate an existing parking agreement? Yes, with the exception of contractual commercial parking agreements with a public agency that were executed before January 1, 2023.
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The parking in question is not a contractual commercial parking agreement with a public agency, and therefore the HCD guidance is that AB 2097 can be used to eliminate the parking agreement between the applicant and the city.

Finally, it is unclear why the City is fighting to impose parking requirements on assisted living and memory care units, where residents are likely unable to drive or choose not to.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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From: radler digiplaces.com
To: City Clerk
Subject: PPT slides for May 6 City Council meeting, Item #13 Date: Monday, May 5, 2025 10:55:33 AM
Attachments: Richard Adler 5.6.25.pptx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Attached is a Powerpoint presentation (3 slides) that I would like to use with a public comment I plan to make in relation to Item #13 on the City Council meeting agenda for tomorrow night, May 6th (Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development).

Thank you,
Richard Adler
Age Friendly Cupertino
632
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Presentation to
Cupertino City Council
Item #13:

Westport Development Permit Modification
Richard Adler
Age-Friendly Cupertino
May 6, 2025
633
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Cupertino’s 65+ and 75+ Population
2015-2035
Richard Adler May 6, 2025 2 634
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Need for Assisted Living by Age
Richard Adler May 6, 2025 3 635
CC 05-20-2025 Searchable Packet
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Prevalence of Alzheimer’s
in Cupertino’s 65+ Population
Richard Adler May 6, 2025 4
Memory Care 103 ?
Units Available:
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Data Sources

2. Prevalence of Alzheimer’s in Cupertino, 2025-2035
Alzheimer’s Association: 2024 Alzheimer’s Disease Facts and Figures https://www.alz.org/media/Documents/alzheimers-facts-and-figures.pdf California Department of Public Health – Alzheimer’s in California https://www.cdph.ca.gov
U.S. Census Bureau Population Estimates and Projections Santa Clara County Public Health Department – Aging and Health Reports https://publichealth.sccgov.org
Neilsberg Demographic Reports (2025 estimates)
https://www.neilsberg.com/insights/cupertino-ca-population-by-age/ 637
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From: DeWitt, Cascade <[email protected]>
Sent: Monday, May 5, 2025 1:32 PM
To: Nicholas Roosevelt <[email protected]>; Liang Chao <[email protected]>; City Council <[email protected]> Cc: James Abrams <[email protected]>; Simsik, Balint <[email protected]>; Gian Martire <[email protected]>; Floy Andrews <[email protected]>; City Attorney's Office <[email protected]> Subject: RE: Letter Regarding Item #13 on City Council's Agenda for May 6 (Westport Project Building #1)
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please try this link:
https://related.box.com/s/qf05uttembjt7hgk3d2frcqyfnhg21xi Cascade Zak DeWitt
(415) 342-4638
[email protected]
From: Nicholas Roosevelt <[email protected]>
Sent: Monday, May 5, 2025 12:55 PM
To: [email protected]; [email protected]
Cc: James Abrams <[email protected]>; Simsik, Balint <[email protected]>; DeWitt, Cascade <[email protected]>; Gian Martire <[email protected]>; Floy Andrews <[email protected]>; [email protected]
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Subject: Letter Regarding Item #13 on City Council's Agenda for May 6 (Westport Project Building #1)
Dear Mayor Chao and Councilmembers—
In the following link, please find a letter regarding tomorrow’s hearing on the proposed modifications to Westport Project Building 1 (Item #13 on the Council’s agenda for tomorrow evening):
https://www.dropbox.com/scl/fi/bo74navus1i21wi48hrs4/J-Abrams-Letter-re-WestportRevised-Program.pdf?rlkey=0fajpzbthtz0s25jp5rpwne8b&dl=0 [dropbox.com] Please do not hesitate to contact me if you have any issue accessing the file link (the link is necessary as opposed to an email attachment due to the size of the attached September 6, 2024 plan set for the proposed modifications).

Thanks,
Nick
-------------
Nick Roosevelt
J. Abrams Law, P.C.
538 Hayes Street
San Francisco, CA 94102
Email: [email protected]
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Cell: (504)-717-9251
______________________________
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

VIA E-EMAIL
May 5, 2025
Liang Chao
Mayor
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Re: Westport Cupertino Project, Building 1
Dear Mayor Chao and Councilmembers:

We continue to maintain that the City Council should reject the recommendation of staff and the Planning Commission and conclude that AB2097 does not permit the City Council to condition Project approval on the requirement to add 20 additional parking spaces. However, should the City Council ultimately chose to include the condition, we would ask that the Council’s condition clarify that any design modifications necessary to accommodate 20 additional spaces 641
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2 shall be reviewed and finally approved by Planning staff, without additional hearings before the Planning Commission or City Council.

Plan Set
The case file for the May 6 hearing does not include the record plan set proposed by the project sponsor for approval and instead only includes a site plan sheet. Further, the draft approvals include in the case file for the May 6 hearing reference the initially submitted plan set for the Project dated April 1, 2024, instead of the latest resubmittal of the plan set addressing staff comment dated September 6, 2024. For the sake of record clarity, we have attached the September 6, 2024 plan set to this letter as Attachment 1 and hope that staff will clarify on May 6 the correct plan set date reference for the Project’s approvals.

Please note that we have made one change to the September 6, 2024 record plan set included as Attachment 1, which is a redline annotation on the cover sheet (Sheet G11) flagging that the listed parking figures are subject to the analysis and modifications recommended by staff in the Staff Report for the May 6 hearing (discussed on the previous page of this letter).

Notably, to sponsor’s knowledge, City staff have not identified a pathway by which any incentive to add retail by waiver of the Park Land fee might be approved. Importantly, to maintain the financial viability of the Project, it is critical that no additional delays or discretionary approvals occur beyond the scheduled May 6, 2025 hearing. 642
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3 We look forward to presenting the Project to the City Council on May 6 and respectfully request the City approve the requested modifications in a manner consistent with requests and clarifications set forth in this letter.

Sincerely,
Nick Roosevelt
CC:

All City Councilmembers
[email protected]
Gian Martire
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
[email protected]
Floy Andrews
City Attorney
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
[email protected]
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4 ATTACHMENT 1
Record Plan Set Dated September 6, 2024
(including redline annotation re parking on Sheet G11)
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CITY OF CUPERTINO
Agenda Item
25-13969 Agenda Date: 5/20/2025
Agenda #: 19.

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 (Continued from May 6, 2025)
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 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 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.

City Work Program Item/Description
None
Council Goal
None
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: Tina Kapoor, Acting 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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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 20, 2025 and ENACTED at a regular meeting of the Cupertino City Council on June 3, 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 670
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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 20, 2025 and ENACTED at a regular meeting of the Cupertino City Council on June 3, 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
25-13713 Agenda Date: 5/20/2025
Agenda #: 20.

Subject: Accept the City Manager’s Third Quarter Financial Report for Fiscal Year 2024-25

1. Accept the City Manager’s Third Quarter Financial Report for Fiscal Year 2024-25

2. Adopt Resolution No. 25-035 approving Budget Modification No. 2425-390, decreasing appropriations by $(157,425) and increasing estimated revenues by $5,411,435.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
Accept the City Manager’s Third Quarter Financial Report for Fiscal Year 2024-25 Recommended Action

1. Accept the City Manager’s Third Quarter Financial Report for Fiscal Year 2024-25

2. Adopt Resolution No. 25-XXX approving Budget Modification No. 2425-390, decreasing appropriations by $(157,425) and increasing estimated revenues by $5,411,435.

Executive Summary
The Third-Quarter Financial Report for Fiscal Year (FY) 2024-25 outlines the City’s financial status as of March 31, 2025.

The FY 2024-25 Amended Budget as of March 31, 2025, is $238.2 million across all funds.

This amended budget includes an adopted budget of $146.6 million, plus encumbrances and carryovers of $70.0 million, and Council-approved budget adjustments from July 1, 2024, to March 31, 2025, totaling $21.6 million.

As of Third Quarter FY 2024-25, revenue was $3.3 million, or 5%, higher than Third Quarter 2023-24, primarily attributed to an increase in use of money and property primarily due to the reversal of the $2.8 million mark-to-market adjustment recorded as a year-end entry in FY 2023-24, resulting in a temporary positive revenue impact in FY 2024- 25, offset by a significant decrease in reported sales tax due to a shift to cash basis accounting for interim reports as recommended by the City’s financial auditors, The Pun Group. While this change enhances cash flow accuracy, it may limit comparability with FY 2023-24. Third Quarter expenditures were $14.9 million, or 23% higher than last year, primarily due to a City Council approved one-time Additional Discretionary Payment to CalPERS to address the City’s Unfunded Accrued Liability retirement costs. 674
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2 Key recommendations from the report include the following proposed budget adjustments:
• Sales Tax projection increase
• Funding for bank charges
• Funding for building division on-call contracts
• De-funding of several Capital Improvement Projects
Reasons for Recommendation
Background
On June 4, 2024, the City Council adopted the FY 2024-25 Adopted Budget, a $146.6 million spending plan funded by $139.3 million in revenue and $7.3 million in fund balance. The adopted budget reflected a $102,805 increase from the proposed budget.

As described in the City Manager’s First Quarter Financial Report, the budget was revised to account for encumbrances and carryover appropriations.1 As part of the FY 2023-24 year-end close, additional funds were carried forward to FY 2024-25, amounting to $9.0 million in encumbrances and $61.1 million in budget carryovers. The largest encumbrances were for General Fund ($4.8 million), and the largest carryovers were for General Fund ($24.3 million) and are largely related to The Rise Project. Outside of the General Fund the Capital Improvement Plan accounts for most of the carryovers in the Capital Funds and a large portion of the special revenue funds.

The amended budget at the end of third quarter is $238.2 million, funded with $183.3 million in revenue and $55.0 million in fund balance, of which $24.1 million is from CIP related projects. The amended budget is the adopted budget, plus encumbrances, carryovers, and Council-approved budget adjustments. The reflection of carryovers and encumbrances in the amended budget is a standard practice in municipal budgeting.

Carryovers and encumbrances are appropriations approved in prior years but have not yet been spent and are still required for ongoing projects or obligations. 1 Encumbrances are outstanding commitments tied to unfilled purchase orders or contracts, which are rolled over to the following fiscal year until those obligations are fulfilled or terminated. Carryover appropriations are unencumbered funds for unfinished projects carried over to the following fiscal year to be spent for the same purpose for which they were approved. Carryovers can be found in the Q1 financial report presented to City Council on December 3, 2024.
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3 Third-Quarter Summary of Budget Adjustments by Fund
Discussion
The Third-Quarter Financial Report, reported as of March 31, 2025, is a critical tool for the City to evaluate its current revenue outlook and make necessary adjustments to the budget in response to changing spending priorities. It provides an overview of the City's budget status, including its revenue outlook, expenditure patterns, and other key financial metrics. Additionally, the report helps the City ensure that it stays on track toward achieving its goals and objectives by providing valuable insights into the City's financial performance. By using this information to make informed decisions and take appropriate actions, the City can maintain its fiscal sustainability.

Fund
FY 2024-25
Adopted
Budget Carryovers Encumbrances
Adjustments
Approved in 1st,
2nd and 3rd
Quarters
FY 2024-25 Amended
Budget as of
March 31, 2025
General 90,041,794 24,271,306 4,753,530 18,542,231 137,608,861 Special Revenue 13,956,348 15,445,956 885,056 2,243,220 32,530,580 Debt Service 2,676,200 - - - 2,676,200
Capital Projects 22,057,580 20,678,417 2,449,854 988,000 46,173,851 Enterprise 9,271,222 522,360 55,396 20,545 9,869,523
Internal Service 8,643,349 151,167 837,023 (240,813) 9,390,726 Total All Funds $ 146,646,493 $ 61,069,206 $ 8,980,859 $ 21,553,183 $ 238,249,741 Adopted Budget
$146.6M
Carryovers
$61.1M
Encumbrances
$9.0M
Amended Budget
$238.2M
Budget
Adjustments
$21.6M
FY 2024-25 Amended Budget as of March 31, 2025
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4 The City will continue to closely monitor revenue and expenditure trends in the coming months. This ongoing analysis is critical to ensuring that the City's budget remains responsive to the needs of its constituents and is aligned with the City's goals and objectives. By proactively managing its budget, the City can remain fiscally responsible and provide essential services and programs to its community.

General Fund Forecast
The General Fund Forecast has been updated as part of the FY 2025-26 Proposed Budget.

Please refer to pages 96-111 of the FY 2025-26 Proposed Budget document to review the forecast.

Fund
FY 2024-25 Amended
Budget as of March
31, 2025
Requested Third
Quarter
Adjustments
Year-End
Projections
General 137,608,861 4,849,766 142,458,627
Special
Revenue
32,530,580 54,239 32,584,819
Debt Service 2,676,200 - 2,676,200
Capital Projects 46,173,851 498,355 46,672,206
Enterprise 9,869,523 166,500 10,036,023
Internal Service 9,390,726 - 9,390,726
Total All Funds $ 238,249,741 $ 5,568,860 $ 243,818,601 677
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5 General Fund at Third Quarter
4-Year Comparison of Revenues, Expenditures, and Changes to Fund Balance ($ in millions)
The General Fund's year-end actuals show that the City’s revenues have historically exceeded expenditures, leading to the increase in fund balance. In addition, the City's encumbrance and budget carryover process typically led to increases in year-end fund balance. Historically, when this was not the case, it was not due to a structural deficit but the transfer of excess fund balance from the General Fund to the Capital Reserve per the City's Fund Balance policy.

By continuing to monitor and manage its financial resources effectively, the City can ensure that it maintains a healthy fund balance in the General Fund.

Revenue
General Fund revenue is $3.3 million, or 5%, higher than the same time last year due to changes in the City’s revenue sources as shown in the following table. 678
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6 Comparison of FY 2023-24 and FY 2024-25 Third Quarter Revenues General Fund
Sales Tax revenue as of mid-year is $16.1 million, which is a 38% decrease from the previous year. This decline is primarily due to two factors. First, as noted in the First Quarter Financial Report, the City reached a settlement agreement with the CDTFA, which resulted in the cessation of previously misallocated sales tax revenue. Sales tax revenues are received on a two-month lag, meaning the current figures account for collections from July through January 2025 (FY 2024-25), whereas Q3 figures from the prior fiscal year (FY 2023-24) included nine months of collections, spanning July through March 2024.

For FY 2024-25, the City budgeted $11.6 million in sales tax revenue. As part of the Budget Adjustment Requests section of this report, staff recommends increasing the budget to $16.1 million. This revised projection remains conservative yet realistic, reflecting actual collections to date while accounting for potential adjustments related to overpayments.

Staff continues to closely monitor sales tax receipts and is actively working with CDTFA to confirm and process any necessary repayments.

Property Tax revenue is higher than last year by approximately $739,000, or 4%. According to HdL, the City’s property tax consultant, residential use values increased 5.7% for a total of $1.147 billion and represented 81% of all growth experienced in the City. The citywide growth in value in the 2024-25 assessment roll is $1.412 billion, an increase of 4.4%. Staff will continue to monitor this top revenue source.

Revenue Category
Third Quarter
2024
Third Quarter
2025 Variance ($) Variance (%)
05 - Sales tax 26,051,914 16,054,865 (9,997,048) -38%
10 - Property tax 20,013,678 20,752,532 738,854 4%
15 - Transient occupancy 3,709,880 4,226,041 516,162 14% 20 - Utility tax 2,632,359 2,859,665 227,307 9%
25 - Franchise fees 1,988,532 1,883,406 (105,126) -5%
30 - Other taxes 1,083,647 1,343,057 259,410 24%
35 - Licenses and permits 3,029,170 4,244,586 1,215,415 40% 40 - Use of money and property 2,585,626 7,410,031 4,824,405 187% 45 - Intergovernmental revenue 607,301 2,252,813 1,645,512 271% 50 - Charges for services 8,556,641 11,026,826 2,470,185 29% 55 - Fines and forfeitures 233,698 219,957 (13,741) -6% 60 - Miscellaneous 1,408,477 1,690,550 282,073 20%
65 - Transfers in 111,000 15,000 (96,000) -86%
70 - Other financing sources - 1,338,475 1,331,275 N/A
Total $ 72,011,921 $ 75,317,805 $ 3,298,683 5%
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7 The City’s property tax base remains strong, and HdL is currently projecting growth in property taxes over the next five years, as shown in the table below.

Transient Occupancy Tax (TOT) revenue increased by $516,000, or 14%, compared to the previous year due to the remittance of taxes from a hotel in Cupertino during the current third quarter period that were not received in the previous year. Although an increase is reflected here, business travel has not returned compared to pre-pandemic levels.

According to HdL, occupancy is improving a couple of percentage points each year, however, the Average Daily Rate may still be too low, compared to prior years. So, while the Average Daily Rate is increasing, it doesn't appear that it is driven by demand.

FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
31,223,141 32,324,317 33,606,651 35,024,886 36,531,087
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8 Average Daily Rates and Occupancy Rates by Month
Hotels in Cupertino
Although TOT revenues have mostly recovered from the pandemic, the City's TOT revenues may continue to be affected in the long term due to telework and decreased business travel. Headwinds in the tech industry have resulted in layoffs and reduced spending in areas such as travel. Staff will continue to monitor economic regulations and other factors and report back on their impact on TOT revenues as part of the quarterly financial reports.

Utility Tax (UUT) increased by approximately $226,000, or 9%, primarily due to an increase in the amount of UUT collected based on higher gross receipts compared to the same period in the prior year.

Franchise Fees decreased by approximately $105,000, or 5%, due to a one-time overpayment of Recology fees paid to the city that were reflected in the prior third quarter period for October 2023 that was corrected with an underpayment in January 2024.

Other Taxes increased by approximately $259,000, or 24%, due to an increase in collection of business license taxes and property transfer taxes.
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9 Licenses and Permits increased by approximately $1.2 million, or 40%, due to construction plan check revenues for multiple large office tenant improvement submittals, an increase in residential submittals for new homes and remodels, as well as an increase in permits to clear code enforcement cases.

Use of Money and Property increased by approximately $4.8 million, or 187%, largely due to the reversal of the $2.8 million mark-to-market adjustment recorded as a year-end entry in FY 2023-24, resulting in a temporary positive revenue impact in FY 2024-25.

Intergovernmental Revenue increased by $1.6 million, or 271%, over the same period last year primarily due to the receipt of grant funds for the community shuttle.

Charges for Servicesincreased by $2.5 million, or 29%, driven mainly by increases in general service fees related to library maintenance and cost allocation plan methodology.

Fines and Forfeitures decreased by $14,000, or 6%, due to decreases in revenues received for city fines and admin citations, offset by an increase in revenues in parking fines compared to the same period last year.

Miscellaneous Revenue increased by approximately $282,000, or 20%, primarily due to the revenues received for a technology fee, credit card fees, and the timing of the Apple donation for sheriff services.

Transfers In decreased by $96,000, or 86%, due to transfers in from other funds that occurred during the previous third quarter period.

Other Financing Sources increased by $1.3 million due to revenues received from the Byrne property transaction.

Expenditures
Expenditures in the General Fund have increased by $14.9 million, or 23%, when compared to the same time last year. The following table shows the differences between General Fund expenditures as of the third quarter in the current fiscal year and the prior fiscal year:
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10 Comparison of FY 2023-24 and FY 2024-25 Third Quarter Expenditures General Fund
Salary decreased by approximately $0.5 million, or 4%, from the previous third quarter period due to vacancy savings.

Benefits increased by approximately $10.8 million, or 157%, from last year primarily due to a City Council approved one-time Additional Discretionary Payment to CalPERS to address the City’s Unfunded Accrued Liability retirement costs. In addition, increases in retirement, healthcare, and workers’ compensation costs account for the remaining increase.

Materials increased by approximately $0.7 million, or 20%, primarily due to increases in water service costs, software costs, electrical costs, and general supplies.

Contract Services increased by approximately $428,000, or 2%, primarily driven by insurance premium increases, paid claims, settlements, transportation related contract costs, and law enforcement contract costs.

Cost Allocation increased by approximately $286,000, or 4%, primarily due to increased Cost Allocation Plan (CAP) charges.2
2 The cost allocation plan (CAP) allocates indirect and overhead costs to the departments that benefit from them. Costs incurred by central service providers (e.g., City Manager's Office, City Attorney's Office, Finance, Human Resources, Facilities, etc.) are charged to the departments that benefit from the services (e.g., Parks & Recreation). The purpose of the CAP is to help the City to determine the true cost of providing services.

Expenditure Category
Third Quarter
2024
Third Quarter
2025 Variance ($) Variance (%)
05 - Employee compensation 15,762,745 15,188,016 (574,729) -4% 10 - Employee benefits 6,889,681 17,717,676 10,827,995 157% 15 - Materials 3,453,868 4,133,926 680,058 20%
20 - Contract services 20,332,877 20,760,826 427,949 2% 25 - Cost allocation 7,693,242 7,978,935 285,693 4%
30 - Capital outlays 436,373 32,349 (404,024) -93%
31 - Special projects 2,367,480 728,275 (1,639,205) -69% 35 - Contingencies - 13,617 13,617 N/A
45 - Transfer out 6,595,284 11,504,732 4,909,448 74%
50 - Other financing uses 183,536 537,572 354,036 193%
Total $ 63,715,086 $ 78,595,924 $ 14,880,838 23%
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11 Capital Outlay decreased by approximately $404,000, or 93%, due to the security gate project at the Service Center in the prior year.

Special Projects decreased by approximately $1.6 million, or 69%, primarily due to I280/Wolfe Road Interchange Improvement.

Contingencies increased by approximately $14,000 due to the use of City Manager’s Contingencies for the End of Year Townhall and Lawrence-Mitty encampment cleanup.

Transfers Out increased by approximately $4.9 million, or 74%, due to the increase of transfers for retiree medical due to the use of the Other Post Employment Benefits Trust paying for the last two years. Interfund transfers are the movement of cash between one or more funds. As part of the Adopted Budget process, transfers from the General Fund to other City funds serve as operating subsidies to ensure each fund has a positive fund balance at the end of the fiscal year.

Other Financing Uses increased by approximately $354,000, or 193%, due to a higher volume of on-call contracts in the Community Development Department for plan reviews and inspections.

Special Revenue Funds
Revenue
Special Revenue Funds revenue is $1.5 million, or 17%, higher than the same time last year, primarily due to an increase in Other taxes and Use of money and property.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Revenues Special Revenue Funds
Other Taxes increased by approximately $575,000, or 239%, primarily due to Housing Mitigation and Park Ded Tax Zone 1.
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12 Use of Money and Property increased by approximately $927,000, or 176%, primarily due to Investment earnings and to the mark-to-market adjustment, mirroring the impact seen in the General Fund.

Intergovernmental Revenue increased by approximately $842,000, or 22%, due primarily to transportation related federal grants.

Charges for services increased by approximately $45,000, or 5%, primarily due to general fee revenues received for environmental storm drain clean-up reimbursement received.

Fines and forfeitures were relatively unchanged from last year.

Miscellaneous revenues were relatively unchanged from last year.

Transfers In decreased by approximately $854,000, or 25%, due to decreased transfers in from general fund for street and sidewalk maintenance as part of service level reductions.

Interfund transfers are the movement of cash between one or more funds. As part of the Adopted Budget process, transfers from the General Fund to other City funds serve as operating subsidies to ensure that each fund has a positive fund balance at the end of the fiscal year. Additionally, when Capital Improvement Program (CIP) projects are authorized by City Council, a transfer from the Capital Reserve to the appropriate fund is necessary to record the costs and activities of the project. For more information on the City’s operating and capital transfers, refer to pages 625-627 and 631-632 of the FY 2024- 25 Adopted Budget.

Expenditures
Special Revenue Funds expenditures are $1.9 million, or 28%, higher than the same time last year due primarily to increase of special projects and cost allocation. 685
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13 Comparison of FY 2023-24 and FY 2024-25 Third Quarter Expenditures Special Revenue Funds
Salaries decreased by approximately $99,000, or 8%, due to a decrease in vacancy savings.

Benefits increased by approximately $65,000 or 11%, from last year due to increases in health care premiums and retirement costs.

Materials decreased by approximately $33,000, or 8%, due to decreases in grants expenditures.

Contract Services decreased by approximately $192,000, or 40%, primarily due to annual sidewalk curb and gutter maintenance.

Cost Allocation increased by approximately $607,000, or 66%, primarily due to increased City Manager and Human Resources CAP Charges.

Capital Outlays decreased by approximately $791,000, or 38%, due to decreases in Facility Improvements and SB1 Road.

Special Projects increased by approximately $2,030,000, or 231%, primarily due to the annual asphalt project.

Transfers Out increased by $325,000, or 85%, due to increased transfers to the General Fund.

Expenditure Category
Third Quarter
2024
Third Quarter
2025 Variance ($) Variance (%)
05 - Employee compensation 1,217,194 1,118,633 (98,560) -8% 10 - Employee benefits 580,955 646,257 65,302 11%
15 - Materials 405,943 372,628 (33,315) -8%
20 - Contract services 479,841 288,304 (191,537) -40%
25 - Cost allocation 915,461 1,522,541 607,080 66%
30 - Capital outlays 2,079,958 1,288,775 (791,184) -38% 31 - Special projects 879,776 2,910,196 2,030,420 231%
35 - Contingencies - - - N/A
45 - Transfer out 382,951 708,000 325,049 85%
Total $ 6,942,078 $ 8,855,333 $ 1,913,255 28%
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14 Debt Service Funds
Revenue
Debt Service Funds revenue is similar to last year.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Revenue Debt Service Funds
Expenditures
Debt Service Funds expenditures are similar to last year.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Expenditures Debt Service Funds
Capital Projects Funds
Revenue
Capital Projects Funds revenue is higher than last year primarily due to transfers in as the City increased the Capital Reserve to meet the minimum reserve levels per policy and restart the annual Capital Reserve funding transfers. In addition, to the funding of capital projects in the current year versus last fiscal year.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Revenues Capital Projects Funds
Revenue Category
Third Quarter
2024
Third Quarter
2025 Variance ($) Variance (%)
65 - Transfers in 2,677,600 2,676,200 (1,400) 0%
$ 2,677,600 $ 2,676,200 $ (1,400) 0%
Expenditure Category
Third Quarter
2024
Third Quarter
2025 Variance ($) Variance (%)
20 - Contract services 1,500 1,500 - 0%
40 - Debt services 321,300 280,600 (40,700) -13%
Total $ 322,800 $ 282,100 $ (40,700) -13%
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15 Capital Projects funds differ from year to year based on projects that have been approved or worked on in a given fiscal year.

Expenditures
Capital Projects Funds expenditures are $5.0 million, or 77%, higher than last year due to an increase in transfers out to fund capital projects as the City increased the Capital Reserve to meet the minimum reserve levels per policy and restart the annual Capital Reserve funding transfers.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Expenditures Capital Projects Funds
Capital Projects funds differ from year to year based on projects that have been approved or worked on in a given fiscal year.

Enterprise Funds
Revenue
Enterprise Funds revenue is $217,000, or 4%, lower than the same time last year due primarily to a decrease in service fee charges.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Revenues Enterprise Funds
Use of Money and Property increased by approximately $160,000, or 34%, primarily due to increased investment earnings and the Mark-to-Market adjustment. 688
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16 Charges for services decreased by approximately $882,000, or 19%, primarily due to a decrease in enterprise service fees
Miscellaneous decreased by $11,300, or 100%, primarily due to stormwater pollution remediation recovery received during the prior third quarter period.

Expenditures
Enterprise Funds expenditures are $0.7 million, or 12%, lower than the same time last year due primarily to a decrease in contract services, capital outlay and special projects.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Expenditures Enterprise Funds
Salaries increased by approximately $67,000, or 5%, primarily due to an increase in fulltime salaries related to resource recovery staffing.

Benefits increased by approximately $139,000, or 31%, primarily due to health insurance premiums and retirement costs.

Materials increased by approximately $75,000, or 30%, primarily due to software and Cal Recycle payment program administration expenses.

Contract Services decreased by approximately $1.2 million, or 41%, primarily due to the restructuring of the Lifetime Tennis contract at the Sports Center.

Cost Allocation increased by approximately $479,000, or 68%, primarily due to increased City Manager, IT and Finance CAP.

Special Projects decreased by approximately $211,000, or 51%, due to projects that differ in scope and timing from year to year.

Expenditure Category Third Quarter
2024
Third Quarter
2025
Variance ($) Variance (%)
05 - Employee compensation 1,256,052 1,323,227 67,174 5% 10 - Employee benefits 452,500 591,655 139,155 31%
15 - Materials 247,824 322,828 75,004 30%
20 - Contract services 2,960,944 1,741,110 (1,219,833) -41% 25 - Cost allocation 704,519 1,183,073 478,554 68%
30 - Capital outlays 13,995 - (13,995) -100%
31 - Special projects 414,232 203,257 (210,975) -51%
45 - Transfer out 20,000 - (20,000) -100%
50 - Other financing uses - - - N/A
Grand Total $ 6,070,066 $ 5,365,150 $ (704,917) -12%
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17 Transfers Out decreased by $20,000, or 100%, due to a transfer to the general fund that occurred in the prior third quarter period.

Internal Service Funds
Revenue
Internal Service Funds revenue is $2.0 million, or 43%, higher than the same time last year due to increased transfers in.

Comparison of FY 2023-24 and FY 2024-25 Third Quarter Revenues Internal Service Funds
Use of Money and Property increased by approximately $142,000, or 130%, due to increased interest earnings from the City’s investment portfolio and mark-to-market adjustments.

Charges for Services increased by approximately $483,000, or 15%, primarily due to Innovation Technology related Cost Allocation charges.

Transfers In increased by approximately $0.9 million, or 70%, due to increased transfers from the General Fund to the Innovation & Technology and Compensated Absences Fund.

Other Financing Sources increased by about $380,000 due to workers compensation charges being billed to departments and received as revenue in this fund. In FY 2023-24, the fund had enough savings to cover the workers compensation fund, and therefore no revenue was collected.

Expenditures
Internal Service Funds expenditures are approximately $154,100, or 3%, lower than the same time last year due primarily to a decrease in materials and special projects, offset by increases in cost allocation and contract services.
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18 Comparison of FY 2023-24 and FY 2024-25 Third Quarter Expenditures Internal Service Funds
Salary decreased by approximately $203,000, or 15%, due to a decrease in full-time salaries.

Benefits increased by approximately $116,000, or 7%, primarily due to health insurance premiums and retirement costs.

Materials decreased by $325,000, or 28%, mainly due to a decrease in small tools and equipment costs.

Contract Services increased by approximately $443,000, or 38%, largely due to increases in general service agreements and compensated absences.

Cost Allocation increased by approximately $185,000, or 428%, primarily due to Innovation Technology and Finance related CAP charges.

Special Projects decreased by approximately $294,000, or 53%, due to projects that differ in scope and timing from year to year.

Transfers Out decreased by $76,000, or 100%, due to Innovation Technology related transfers that occurred in the prior third quarter period.

Budget Adjustment Requests
The City's departments regularly evaluate their budget expenditures throughout the fiscal year to ensure they stay within their budget appropriations. In case of any variance, they can request budget adjustments as necessary as part of the quarterly reports.

The budget adjustment requests are summarized in the table below and are also provided in this report as Attachment E.
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19 Sales Tax Revenue
Staff is recommending a projected increase of $4.5 million to the FY 2024-25 Adopted Budget sales tax amount of $11.6 million, totaling $16.1 million in projected sales tax Fund Department Revenue Expenditure Change in
Fund Balance
Proposal

GENERAL FUND
100 General Fund Non-Departmental 4,451,038 - 4,451,038 Sales Tax Projection Increase 100 General Fund Community
Development
158,000 158,000 - Bank Charges
100 General Fund Community
Development
- 87,000 (87,000) Building On-Call Contract for
Inspections
100 General Fund Community
Development
- 33,000 (33,000) Code Enforcement - Citation
Processing Center Fees
100 General Fund Parks & Recreation - 26,000 (26,000) Bank Charges 100 General Fund Parks & Recreation 301,543 - 301,543 Increased Revenue from Rentals and Programs
100 General Fund Parks & Recreation - 15,487 (15,487) Part-Time Staffing 100 General Fund Public Works - 50,000 (50,000) Material Bunker Wall Replacement
100 General Fund Public Works - 9,200 (9,200) Portal Park Emergency Tree Removal
100 General Fund Public Works - 9,828 (9,828) Civic Center Tree Grates Replacement
100 General Fund Public Works - 9,194 (9,194) McClellan Ranch Park Entrance Sign Replacement
100 General Fund Public Works - (336,894) 336,894 Defund - Various Projects

TOTAL GENERAL
FUND 4,910,581 60,815 4,849,766

SPECIAL REVENUE
FUNDS
210 Storm Drain
Improvement
Public Works - (54,239) 54,239 Defund - Pumpkin/Fiesta Storm Drain Project

TOTAL SPECIAL
REVENUE FUNDS - (54,239) 54,239

CAPITAL FUNDS
420 Capital Improvement
Fund
Public Works - (498,355) 498,355 Defund - Various Projects 429 Capital Reserve Public Works 290,354 290,354 - Tranfers in and outs for the defund of various projects

TOTAL CAPITAL
FUND 290,354 (208,001) 498,355

ENTERPRISE FUNDS
520 Resource Recovery Public Works - (20,000) 20,000 Defund - CAP Dashboard Pilot 560 Blackberry Farm Parks & Recreation 5,500 15,000 (9,500) Bank Charges 580 Recreation Program Parks & Recreation 205,000 49,000 156,000 Bank Charges

TOTAL ENTERPRISE
FUNDS 210,500 44,000 166,500
TOTAL ALL FUNDS $5,411,435 $ (157,425) $ 5,568,860
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20 revenues. This revised projection remains conservative yet realistic, reflecting actual collections to date while accounting for potential adjustments related to overpayments.

CDD & P&R – Bank Charges
Staff is requesting additional appropriations of $248,000 for processing fees that were not included as part of the FY 2024-25 Adopted Budget, due to greater revenues received than what was originally estimated and delays from contract amendment negotiations and processing. These funds are needed to cover the fees until the end of the fiscal year and if not approved, may lead to insufficient operating budgets within these programs by year end.

CDD – Building On-Call Contracts
Staff is requesting additional appropriations for On-Call Building Inspection services. A vacant (recently filled) Building Inspector position created a need to rely on our outside service provider consultant (4Leaf) more than was anticipated for this year.

CDD – Citation Processing Center Fees
Staff is requesting additional appropriations for Citation Processing Center fees. Costs have exceeded what was expected for this fiscal year as it was budgeted too low and the monthly average increased from the prior year.

P&R – Part-Time Staffing
Staff is requesting additional appropriations for part-time staffing to address higher-thanexpected participation in creek tour programs at McClellan Ranch and swim lessons at Blackberry Farm. The increase in demand was not anticipated for within the FY 2024-25 Budget. Without this additional funding, both programs will be unable to support current and anticipated levels of service.

Public Works – Material Bunker Wall Replacement
Staff is requesting additional appropriations for Material Bunker Wall Replacement. The existing concrete walls at material bunker sections A and B at the Service Center have deteriorated and need to be replaced. The wall shows signs of concrete spalling as well as major cracks and leaning. The funds will be used to replace only those walls that have failed. If not approved, the walls will continue to deteriorate and eventually collapse. This will hinder the use of the material bunker.

Public Works – Portal Park Emergency Tree Removal
Staff is requesting additional appropriations for an emergency Portal Park Tree Removal.

A redwood tree, approximately 100 ft. tall, had grown over the property line and was damaging the neighbor’s fence. Previously the resident had replaced their fence and gone around the tree. The tree continued to grow over the property line and lifted their fence.

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21 was a health issue with the tree, and recommended removal. Tree removal has been completed during third quarter.

Public Works – Civic Center Tree Grates Replacement
Staff is requesting additional appropriations for Civic Center Tree Grate Replacements.

The Civic Center Plaza has tree grates that are broken and/or warped and need to be replaced to reduce possible safety hazards. If not approved, residents will face possible tripping and safety hazards.

Public Works – McClellan Ranch Park Entrance Sign Replacement Staff is requesting additional appropriations for McClellan Ranch Preserve Park Entrance Sign Replacement. The current park sign is more than 30 years old. The wood is degrading and is failing. If not approved, there will be no signs to identify the site for people visiting the park.

Public Works – Defund of Various Projects
Staff is requesting to defund various projects due to successful completion, completion under budget, or project being moved to another department. For a detailed list of projects being defunded, please refer to Attachment E.

Fund Balance
As of third quarter, staff anticipate the General Fund will end FY 2024-25 with $150.6 million in fund balance, a decrease of $2.2 million from the mid-year projection of $152.8.

The decrease is primarily due to the funding of the City Enterprise Resource Planning (ERP) software of $2.5 million. It is important to note that the only portion available for use, according to City policy, is unassigned funds. Committed funds, such as the Committed for Future Use reserve are set aside for specific purposes determined by City Council resolution. Restricted funds, such as the Section 115 Pension Trust, are allocated for specific purposes stipulated by external resource providers. Assigned funds are reserved for encumbrances. Of the total fund balance, $26.4 million is unassigned and available to be used.

Approximately $10.7 million of unassigned fund balance is attributed to Vallco Town Center plan check and building inspection revenues that were carried over. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized.
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22 General Fund Classification of Fund Balance
Per the City’s Fund Balance Policy, unassigned fund balance over $500,000 is to be used in the following order to replenish committed/restricted fund balances with any remaining balances to be placed in the Capital Reserve:

1. Economic Uncertainty Reserve

2. For Future Use

3. CalPERS Reserve (Section 115 Pension Trust)

4. Sustainability Reserve

5. Unassigned
As of third quarter, all priority areas in the General fund are fully funded.

Staffing
As of March 31, 2025, the FY 2024-25 Amended Budget includes a total of 207 full-time equivalent (FTE) positions. No changes are recommended in the third quarter.

City Manager Discretionary Fund
In the FY 2024-25 Adopted Budget, City Council approved $50,000 in funding for the City Manager Discretionary Fund. The quarterly financial reports will detail the City Manager’s use of the discretionary fund and may include recommendations to replenish depending on the extent and nature of use. As of March 31, 2025, the City Manager’s Discretionary Fund was used for the End of Year Townhall and Lawrence-Mitty encampment cleanup.

Special Projects
The quarterly financial reports provide a status update on special projects, including the budget, amount spent, and estimated completion date. See Attachment F for FY 2024-25 special projects as of March 31, 2025. This quarterly report only reflects changes made to special projects as defined in the City Council Special Project Policy.

Classification
Actual
2022-23
Actual
2023-24
Adopted
Budget
2024-25
1st Quarter
Projection
2024-25
Mid-Year Year
End Projection
2024-25
3rd Quarter Year
End Projection
2024-25
Non Spendable $ 0.9 $ 3.4 $ 0.4 $ 4.7 $ 3.4 $ 3.4
Restricted 20.7 23.3 20.7 20.7 20.7 22.1
Committed 34.1 108.6 99.0 31.1 98.6 98.6
Assigned 9.7 4.7 7.0 7.0 4.7 -
Unassigned 73.1 26.0 23.6 106.2 25.3 26.4
TOTAL FUND BALANCE $ 138.6 $ 166.1 $ 150.8 $ 169.8 $ 152.8 $ 150.6 695
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23 Grants
Staff provides updates on the status of grants as part of the quarterly financial reports. As mentioned in the First Quarter financial staff report, staff will begin to provide updates only on active grants and any completed projects for which funding is yet to be received.

Active grants have not yet been fully closed out with the granting agency. Previously, staff reported on grants that have also been closed out. Staff now provides information on the granting agency, grant amount spent, and grant amount remaining.

Below is a high-level summary of the grant tracking document. Please refer to Attachment G for complete grant tracking updates.

Competitive Grants Non-Competitive Grants
Active Grants 18 15
Pending Results 0 0
Total Grant Dollars Awarded $30,223,418 $2,926,097
Staff will continue to provide additional updates on the status of grants as part of the quarterly financial reports.

Capital Improvement Program
The quarterly financial reports provide a revised estimate and update on Capital Improvement Program (CIP) projects. As of third-quarter, the Public Works Department is not requesting any revisions to the capital budget. See Attachment H for the status of projects.

Proposed Budget Changes
Vacancy Reporting
On September 22, 2024, Assembly Bill 2561 (“AB 2561”) was signed into law to amend the Meyers-Milias-Brown Act (“MMBA”) and create a new obligation for public agencies to publicly address the status of their vacancies. AB 2561 requires public agencies to present the status of their vacancies in a public hearing before their governing body at least once per fiscal year. This section is in compliance with AB 2561. This item was agendized for the May 6, 2025, Council meeting but was postponed to May 15, 2025.

Budget Format Changes
Administrative Services staff was able to implement 17 of the 33 recommendations in the Budget Implementation Action Plan.

Capital Improvement Plan
Public Works staff has brought forward potential Capital Improvement Projects to City Council in April and May 2025. Project will again be reviewed at the FY 2025-26 Proposed Budget Study Session in May 2025, for inclusion in the FY 2025-26 Final Budget Hearing 696
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24 and Adoption in June 2025. In addition, a discussion on CIP defunding is set for May 15, 2025.

Other Budget Items
As part of the Budget Format Implementation Action Plan presented to City Council in March 2025, the creation of a Special Projects Policy was identified as a top priority.

Accordingly, City Council adopted the Special Projects Policy at this meeting which is included in the financial policies section on the City's website.

Additionally, a reorganization took place late in the third quarter transferring out both Economic Development and Office of Emergency Management from the City Manager’s Office to Community Development and Parks and Recreation. This reorganization places each division within departments that are better suited to support their respective functions.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The Third Quarter Financial Report shows the City is positioned as anticipated. City staff recommends adjustments of $5,411,435 in revenues and a net decrease of $(157,425) in appropriations. The City will continue to monitor its revenue and expenditure trends closely to ensure it remains on track toward achieving its budgetary goals and objectives.

City Work Program (CWP) Item:

No.

CWP Item Description:

Not applicable.

Council Goal:

Public Engagement and Transparency
Sustainability and Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Toni Oasay-Anderson, Acting Budget Manager Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Tina Kapoor, Acting City Manager 697
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25 Attachments:

A – FY 2024-25 Third Quarter Financial Report
B – Draft Resolution
C – Description of Budget Transfers as of March 31, 2025 D – Description of Carryovers and Adjustments as of March 31, 2025 E – FY 2024-25 Third Quarter Recommended Adjustments
F – FY 2024-25 Mid-Year Special Projects Update as of March 31, 2025 G – Competitive and Non-Competitive Citywide Grants Tracking H – Capital Improvement Program Project Status
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RESOLUTION NO. 25-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2024-25 BY

APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATING MONIES

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

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

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 20th day of May 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. __________________

Page 2 ends

SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Attachment B
Exhibit A
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Budget Transfers as of March 31, 2025 Attachment C
GL Account Description Amount
100‐74‐202 500‐501 ‐ Employee Compensation Salaries Full Time Code enforcement abatement (20,000) 100‐74‐202 700‐702 ‐ Contract Services General Service Agreement Code enforcement abatement 20,000 ‐
100‐74‐202 700‐702 ‐ Contract Services General Service Agreement Transfer $20k from Contract Services to new Abatement account (20,000) 100‐74‐716 700‐702 ‐ Contract Services General Service Agreement Transfer $20k from Contract Services to new Abatement account 20,000 ‐
100‐31‐305 700‐702 ‐ Contract Services General Service Agreement Funds for Applications Intern III (25,303) 100‐32‐308 500‐502 ‐ Employee Compensation Salaries Part Time Funds for Applications Intern III 24,626 100‐32‐308 501‐501 ‐ Employee Benefits PT Medicare Funds for Applications Intern III 357 100‐32‐308 501‐520 ‐ Employee Benefits PT PERS Funds for Applications Intern III 320 ‐
100‐31‐305 700‐702 ‐ Contract Services General Service Agreement Funds for Citywide Interns (95,315) 100‐44‐412 500‐502 ‐ Employee Compensation Salaries Part Time Funds for Citywide Interns 95,315 ‐
100‐12‐126 500‐501 ‐ Employee Compensation Salaries Full Time Jo Nguyen ‐ Medicare ‐ PT Communications & Marketing Coordinator (892) 100‐12‐126 500‐501 ‐ Employee Compensation Salaries Full Time Jo Nguyen ‐ PARS ‐ PT Communications & Marketing Coordinator (800)100‐12‐126 500‐501 ‐ Employee Compensation Salaries Full Time Jo Nguyen ‐ Salary ‐ PT Communications & Marketing Coordinator (63,308)100‐12‐126 500‐502 ‐ Employee Compensation Salaries Part Time Jo Nguyen ‐ Salary ‐ PT Communications & Marketing Coordinator 63,308100‐12‐126 501‐501 ‐ Employee Benefits PT Medicare Jo Nguyen ‐ Medicare ‐ PT Communications & Marketing Coordinator 892100‐12‐126 501‐519 ‐ Employee Benefits PT PARS Jo Nguyen ‐ PARS ‐ PT Communications & Marketing Coordinator 800 ‐
100‐12‐120 500‐501 ‐ Employee Compensation Salaries Full Time Shawn Spano ‐ Exec Coaching, Team Training, Strategic Planning (12,000) 100‐12‐120 700‐702 ‐ Contract Services General Service Agreement Shawn Spano ‐ Exec Coaching, Team Training, Strategic Planning 12,000 ‐
100‐12‐120 500‐501 ‐ Employee Compensation Salaries Full Time CBRE Real Estate Appraisal Services (3,100) 100‐12‐120 700‐702 ‐ Contract Services General Service Agreement CBRE Real Estate Appraisal Services 3,100 ‐
100‐12‐120 500‐501 ‐ Employee Compensation Salaries Full Time City‐Owned Properties (16,900) 100‐12‐120 700‐702 ‐ Contract Services General Service Agreement City‐Owned Properties 16,900 ‐
100‐12‐120 750‐239 ‐ Special Projects PR & Strategic Comm Strategy Branding Guidelines & City Logo Refresh Consultant 50,000 100‐12‐126 500‐501 ‐ Employee Compensation Salaries Full Time Branding Guidelines & City Logo Refresh Consultant (50,000) ‐
100‐13‐130 700‐702 ‐ Contract Services General Service Agreement Assist in funding Logikcull Amendment for increased PRA storage (3,000) 100‐32‐308 600‐606 ‐ Materials Software Assist in funding Logikcull Amendment for increased PRA storage 3,000 ‐
708
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Budget Transfers as of March 31, 2025 Attachment C
GL Account Description Amount
100‐12‐120 700‐702 ‐ Contract Services General Service Agreement Assist in funding Logikcull Amendment for increased PRA storage (1,000) 100‐32‐308 600‐606 ‐ Materials Software Assist in funding Logikcull Amendment for increased PRA storage 1,000 ‐
100‐41‐405 600‐629 ‐ Materials Conference and Training Conference and Training for Greg (600) 100‐41‐425 600‐629 ‐ Materials Conference and Training Conference and Training for Greg 600 ‐
100‐12‐120 700‐702 ‐ Contract Services General Service Agreement Vallco Project Management 2025 (20,593) 100‐71‐701 700‐702 ‐ Contract Services General Service Agreement Vallco Project Management 2025 20,593 ‐
100‐32‐308 600‐606 ‐ Materials Software BMN for Plante & Moran ERP Consulting Agreement (69,166) 100‐32‐308 750‐181 ‐ Special Projects ERP (Phase II) BMN for Plante & Moran ERP Consulting Agreement 69,166 100‐12‐120 500‐501 ‐ Employee Compensation Salaries Full Time CBRE Real Estate Appraisal Services (39,500) 100‐12‐120 700‐702 ‐ Contract Services General Service Agreement CBRE Real Estate Appraisal Services 39,500 ‐
100‐84‐808 700‐702 ‐ Contract Services General Service Agreement McClellan Ranch Fence Installation: from 700‐702 to 900‐905 (21,500) 100‐84‐808 900‐905 ‐ Capital Outlay Facility Improvements McClellan Ranch Fence Installation: from 700‐702 to 900‐905 21,500 ‐
265‐72‐711 600‐629 ‐ Materials Conference and Training review applications for BMR Funds for new afford housing (3,600) 265‐72‐711 700‐702 ‐ Contract Services General Service Agreement review applications for BMR Funds for new afford housing 3,600 ‐
265‐72‐711 600‐629 ‐ Materials Conference and Training reversal of Journal ‐ 2025‐00003485) 3,600 265‐72‐711 700‐702 ‐ Contract Services General Service Agreement reversal of Journal ‐ 2025‐00003485) (3,600) ‐
100‐70‐700 600‐629 ‐ Materials Conference and Training payment of Catholic Charities Q4 invoice from FY24 (2,845) 100‐72‐712 600‐623 ‐ Materials Grant Expenditures payment of Catholic Charities Q4 invoice from FY24 2,845 ‐
100‐73‐714 701‐701 ‐ Refundable Deposit Expense On‐Call Contracts budget transfer for Building Plan Review services 25,000 100‐73‐714 750‐031 ‐ Special Projects Westport budget transfer for Building Plan Review services (25,000) ‐
100‐84‐809 700‐702 ‐ Contract Services General Service Agreement Transfer within Grounds from 811 to 809 for WCA SO20 8,050 100‐84‐811 700‐702 ‐ Contract Services General Service Agreement Transfer within Grounds from 811 to 809 for WCA SO20 (8,050) ‐
100‐12‐632 500‐501 ‐ Employee Compensation Salaries Full Time Reorg transfer from CMO to PR (109,783) 100‐12‐632 501‐500 ‐ Employee Benefits Retirement System Reorg transfer from CMO to PR (33,286) 100‐12‐632 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Reorg transfer from CMO to PR (29) 709
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Budget Transfers as of March 31, 2025 Attachment C
GL Account Description Amount
100‐12‐632 501‐505 ‐ Employee Benefits Health Insurance Reorg transfer from CMO to PR (12,257) 100‐12‐632 501‐506 ‐ Employee Benefits Dental Insurance Reorg transfer from CMO to PR (1,521) 100‐12‐632 501‐507 ‐ Employee Benefits Medicare Reorg transfer from CMO to PR (1,592)100‐12‐632 501‐508 ‐ Employee Benefits Life Insurance Reorg transfer from CMO to PR (720) 100‐12‐632 501‐509 ‐ Employee Benefits Long Term Disability Reorg transfer from CMO to PR (544) 100‐12‐632 501‐510 ‐ Employee Benefits Workers Compensation Reorg transfer from CMO to PR (2,296)100‐12‐632 501‐511 ‐ Employee Benefits Vision Insurance Reorg transfer from CMO to PR (179) 100‐12‐632 501‐513 ‐ Employee Benefits Rec Bucks Reorg transfer from CMO to PR (500) 100‐12‐632 600‐605 ‐ Materials Meeting Expenses Reorg transfer from CMO to PR (2,000) 100‐12‐632 600‐613 ‐ Materials General Supplies Reorg transfer from CMO to PR (6,290) 100‐12‐632 719‐705 ‐ Contingencies Contingencies Reorg transfer from CMO to PR (104)100‐12‐632 800‐801 ‐ Cost Allocation Equipment Reimbursement Reorg transfer from CMO to PR (66) 100‐12‐632 800‐802 ‐ Cost Allocation IT Reimbursement Reorg transfer from CMO to PR (16,452) 100‐12‐632 800‐805 ‐ Cost Allocation CC CAP Allocation Reorg transfer from CMO to PR (554)100‐12‐632 800‐806 ‐ Cost Allocation CM CAP Allocation Reorg transfer from CMO to PR (14,564) 100‐12‐632 800‐809 ‐ Cost Allocation City Clerk CAP Alloc Reorg transfer from CMO to PR (451) 100‐12‐632 800‐814 ‐ Cost Allocation Finance CAP Alloc Reorg transfer from CMO to PR (7,195) 100‐12‐632 800‐815 ‐ Cost Allocation Human resources CAP Alloc Reorg transfer from CMO to PR (7,016) 100‐12‐632 800‐820 ‐ Cost Allocation Grounds Maintenance CAP Reorg transfer from CMO to PR (673) 100‐12‐632 800‐821 ‐ Cost Allocation Building Maintenance CAP Reorg transfer from CMO to PR (6,677) 100‐12‐633 500‐501 ‐ Employee Compensation Salaries Full Time Reorg transfer from CMO to PR (319,357)100‐12‐633 500‐502 ‐ Employee Compensation Salaries Part Time Reorg transfer from CMO to PR (37,611) 100‐12‐633 501‐500 ‐ Employee Benefits Retirement System Reorg transfer from CMO to PR (96,829) 100‐12‐633 501‐501 ‐ Employee Benefits PT Medicare Reorg transfer from CMO to PR (545) 100‐12‐633 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Reorg transfer from CMO to PR (56) 100‐12‐633 501‐505 ‐ Employee Benefits Health Insurance Reorg transfer from CMO to PR (62,143)100‐12‐633 501‐506 ‐ Employee Benefits Dental Insurance Reorg transfer from CMO to PR (2,967) 100‐12‐633 501‐507 ‐ Employee Benefits Medicare Reorg transfer from CMO to PR (4,631) 100‐12‐633 501‐508 ‐ Employee Benefits Life Insurance Reorg transfer from CMO to PR (1,404) 100‐12‐633 501‐509 ‐ Employee Benefits Long Term Disability Reorg transfer from CMO to PR (1,214) 100‐12‐633 501‐510 ‐ Employee Benefits Workers Compensation Reorg transfer from CMO to PR (4,476)100‐12‐633 501‐511 ‐ Employee Benefits Vision Insurance Reorg transfer from CMO to PR (350) 100‐12‐633 501‐513 ‐ Employee Benefits Rec Bucks Reorg transfer from CMO to PR (975) 100‐12‐633 501‐519 ‐ Employee Benefits PT PARS Reorg transfer from CMO to PR (489) 100‐12‐633 600‐602 ‐ Materials Printing and Duplication Reorg transfer from CMO to PR (572) 100‐12‐633 600‐605 ‐ Materials Meeting Expenses Reorg transfer from CMO to PR (4,879) 710
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Budget Transfers as of March 31, 2025 Attachment C
GL Account Description Amount
100‐12‐633 600‐608 ‐ Materials Sml Tools and Equipment Reorg transfer from CMO to PR (8,009) 100‐12‐633 600‐613 ‐ Materials General Supplies Reorg transfer from CMO to PR (4,964) 100‐12‐633 600‐632 ‐ Materials Mileage Reimbursement Reorg transfer from CMO to PR (500) 100‐12‐633 600‐642 ‐ Materials Telphone and Data Services Reorg transfer from CMO to PR (4,130) 100‐12‐633 600‐647 ‐ Materials Memberships and Dues Reorg transfer from CMO to PR (943) 100‐12‐633 700‐702 ‐ Contract Services General Service Agreement Reorg transfer from CMO to PR (17,120) 100‐12‐633 719‐705 ‐ Contingencies Contingencies Reorg transfer from CMO to PR (326)100‐12‐633 800‐801 ‐ Cost Allocation Equipment Reimbursement Reorg transfer from CMO to PR (54,057) 100‐12‐633 800‐802 ‐ Cost Allocation IT Reimbursement Reorg transfer from CMO to PR (32,082) 100‐12‐705 500‐501 ‐ Employee Compensation Salaries Full Time Reorg transfer from CMO to CDD (194,086)100‐12‐705 501‐500 ‐ Employee Benefits Retirement System Reorg transfer from CMO to CDD (58,847) 100‐12‐705 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Reorg transfer from CMO to CDD (29) 100‐12‐705 501‐505 ‐ Employee Benefits Health Insurance Reorg transfer from CMO to CDD (31,868)100‐12‐705 501‐506 ‐ Employee Benefits Dental Insurance Reorg transfer from CMO to CDD (1,521) 100‐12‐705 501‐507 ‐ Employee Benefits Medicare Reorg transfer from CMO to CDD (2,814) 100‐12‐705 501‐508 ‐ Employee Benefits Life Insurance Reorg transfer from CMO to CDD (720) 100‐12‐705 501‐509 ‐ Employee Benefits Long Term Disability Reorg transfer from CMO to CDD (622) 100‐12‐705 501‐510 ‐ Employee Benefits Workers Compensation Reorg transfer from CMO to CDD (2,296) 100‐12‐705 501‐511 ‐ Employee Benefits Vision Insurance Reorg transfer from CMO to CDD (179) 100‐12‐705 501‐513 ‐ Employee Benefits Rec Bucks Reorg transfer from CMO to CDD (500) 100‐12‐705 600‐605 ‐ Materials Meeting Expenses Reorg transfer from CMO to CDD (1,876) 100‐12‐705 600‐608 ‐ Materials Sml Tools and Equipment Reorg transfer from CMO to CDD (5,777) 100‐12‐705 600‐619 ‐ Materials Advertising and Legal Notices Reorg transfer from CMO to CDD (4,200) 100‐12‐705 600‐629 ‐ Materials Conference and Training Reorg transfer from CMO to CDD (2,500) 100‐12‐705 600‐632 ‐ Materials Mileage Reimbursement Reorg transfer from CMO to CDD (130) 100‐12‐705 600‐642 ‐ Materials Telphone and Data Services Reorg transfer from CMO to CDD (660)100‐12‐705 600‐647 ‐ Materials Memberships and Dues Reorg transfer from CMO to CDD (5,501) 100‐12‐705 700‐702 ‐ Contract Services General Service Agreement Reorg transfer from CMO to CDD (112,250) 100‐12‐705 719‐705 ‐ Contingencies Contingencies Reorg transfer from CMO to CDD (923) 100‐12‐705 750‐179 ‐ Special Projects Econ Dev Strategy Outreach Reorg transfer from CMO to CDD (20,000) 100‐12‐705 750‐230 ‐ Special Projects Business Continuity Resilience Reorg transfer from CMO to CDD (310,487)100‐12‐705 800‐801 ‐ Cost Allocation Equipment Reimbursement Reorg transfer from CMO to CDD (66) 100‐12‐705 800‐802 ‐ Cost Allocation IT Reimbursement Reorg transfer from CMO to CDD (102,710) 100‐12‐705 800‐805 ‐ Cost Allocation CC CAP Allocation Reorg transfer from CMO to CDD (554) 100‐12‐705 800‐806 ‐ Cost Allocation CM CAP Allocation Reorg transfer from CMO to CDD (23,733) 100‐12‐705 800‐809 ‐ Cost Allocation City Clerk CAP Alloc Reorg transfer from CMO to CDD (451) 711
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Budget Transfers as of March 31, 2025 Attachment C
GL Account Description Amount
100‐12‐705 800‐810 ‐ Cost Allocation City Attorney CAP Alloc Reorg transfer from CMO to CDD (1,223) 100‐12‐705 800‐814 ‐ Cost Allocation Finance CAP Alloc Reorg transfer from CMO to CDD (11,679)100‐12‐705 800‐815 ‐ Cost Allocation Human resources CAP Alloc Reorg transfer from CMO to CDD (24,952)100‐12‐705 800‐820 ‐ Cost Allocation Grounds Maintenance CAP Reorg transfer from CMO to CDD (777) 100‐12‐705 800‐821 ‐ Cost Allocation Building Maintenance CAP Reorg transfer from CMO to CDD (6,677) 100‐65‐632 500‐501 ‐ Employee Compensation Salaries Full Time Reorg transfer from CMO to PR 109,783 100‐65‐632 501‐500 ‐ Employee Benefits Retirement System Reorg transfer from CMO to PR 33,286 100‐65‐632 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Reorg transfer from CMO to PR 29 100‐65‐632 501‐505 ‐ Employee Benefits Health Insurance Reorg transfer from CMO to PR 12,257100‐65‐632 501‐506 ‐ Employee Benefits Dental Insurance Reorg transfer from CMO to PR 1,521 100‐65‐632 501‐507 ‐ Employee Benefits Medicare Reorg transfer from CMO to PR 1,592 100‐65‐632 501‐508 ‐ Employee Benefits Life Insurance Reorg transfer from CMO to PR 720100‐65‐632 501‐509 ‐ Employee Benefits Long Term Disability Reorg transfer from CMO to PR 544 100‐65‐632 501‐510 ‐ Employee Benefits Workers Compensation Reorg transfer from CMO to PR 2,296 100‐65‐632 501‐511 ‐ Employee Benefits Vision Insurance Reorg transfer from CMO to PR 179 100‐65‐632 501‐513 ‐ Employee Benefits Rec Bucks Reorg transfer from CMO to PR 500 100‐65‐632 600‐605 ‐ Materials Meeting Expenses Reorg transfer from CMO to PR 2,000 100‐65‐632 600‐613 ‐ Materials General Supplies Reorg transfer from CMO to PR 6,290 100‐65‐632 719‐705 ‐ Contingencies Contingencies Reorg transfer from CMO to PR 104100‐65‐632 800‐801 ‐ Cost Allocation Equipment Reimbursement Reorg transfer from CMO to PR 66100‐65‐632 800‐802 ‐ Cost Allocation IT Reimbursement Reorg transfer from CMO to PR 16,452 100‐65‐632 800‐805 ‐ Cost Allocation CC CAP Allocation Reorg transfer from CMO to PR 554 100‐65‐632 800‐806 ‐ Cost Allocation CM CAP Allocation Reorg transfer from CMO to PR 14,564 100‐65‐632 800‐809 ‐ Cost Allocation City Clerk CAP Alloc Reorg transfer from CMO to PR 451 100‐65‐632 800‐814 ‐ Cost Allocation Finance CAP Alloc Reorg transfer from CMO to PR 7,195 100‐65‐632 800‐815 ‐ Cost Allocation Human resources CAP Alloc Reorg transfer from CMO to PR 7,016100‐65‐632 800‐820 ‐ Cost Allocation Grounds Maintenance CAP Reorg transfer from CMO to PR 673 100‐65‐632 800‐821 ‐ Cost Allocation Building Maintenance CAP Reorg transfer from CMO to PR 6,677 100‐65‐633 500‐501 ‐ Employee Compensation Salaries Full Time Reorg transfer from CMO to PR 319,357100‐65‐633 500‐502 ‐ Employee Compensation Salaries Part Time Reorg transfer from CMO to PR 37,611 100‐65‐633 501‐500 ‐ Employee Benefits Retirement System Reorg transfer from CMO to PR 96,829 100‐65‐633 501‐501 ‐ Employee Benefits PT Medicare Reorg transfer from CMO to PR 545 100‐65‐633 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Reorg transfer from CMO to PR 56 100‐65‐633 501‐505 ‐ Employee Benefits Health Insurance Reorg transfer from CMO to PR 62,143100‐65‐633 501‐506 ‐ Employee Benefits Dental Insurance Reorg transfer from CMO to PR 2,967 100‐65‐633 501‐507 ‐ Employee Benefits Medicare Reorg transfer from CMO to PR 4,631 712
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Budget Transfers as of March 31, 2025 Attachment C
GL Account Description Amount
100‐65‐633 501‐508 ‐ Employee Benefits Life Insurance Reorg transfer from CMO to PR 1,404 100‐65‐633 501‐509 ‐ Employee Benefits Long Term Disability Reorg transfer from CMO to PR 1,214 100‐65‐633 501‐510 ‐ Employee Benefits Workers Compensation Reorg transfer from CMO to PR 4,476100‐65‐633 501‐511 ‐ Employee Benefits Vision Insurance Reorg transfer from CMO to PR 350 100‐65‐633 501‐513 ‐ Employee Benefits Rec Bucks Reorg transfer from CMO to PR 975 100‐65‐633 501‐519 ‐ Employee Benefits PT PARS Reorg transfer from CMO to PR 489 100‐65‐633 600‐602 ‐ Materials Printing and Duplication Reorg transfer from CMO to PR 572100‐65‐633 600‐605 ‐ Materials Meeting Expenses Reorg transfer from CMO to PR 4,879 100‐65‐633 600‐608 ‐ Materials Sml Tools and Equipment Reorg transfer from CMO to PR 8,009 100‐65‐633 600‐613 ‐ Materials General Supplies Reorg transfer from CMO to PR 4,964 100‐65‐633 600‐632 ‐ Materials Mileage Reimbursement Reorg transfer from CMO to PR 500 100‐65‐633 600‐642 ‐ Materials Telphone and Data Services Reorg transfer from CMO to PR 4,130100‐65‐633 600‐647 ‐ Materials Memberships and Dues Reorg transfer from CMO to PR 943 100‐65‐633 700‐702 ‐ Contract Services General Service Agreement Reorg transfer from CMO to PR 17,120 100‐65‐633 719‐705 ‐ Contingencies Contingencies Reorg transfer from CMO to PR 326 100‐65‐633 800‐801 ‐ Cost Allocation Equipment Reimbursement Reorg transfer from CMO to PR 54,057 100‐65‐633 800‐802 ‐ Cost Allocation IT Reimbursement Reorg transfer from CMO to PR 32,082 100‐71‐705 500‐501 ‐ Employee Compensation Salaries Full Time Reorg transfer from CMO to CDD 194,086 100‐71‐705 501‐500 ‐ Employee Benefits Retirement System Reorg transfer from CMO to CDD 58,847 100‐71‐705 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Reorg transfer from CMO to CDD 29 100‐71‐705 501‐505 ‐ Employee Benefits Health Insurance Reorg transfer from CMO to CDD 31,868100‐71‐705 501‐506 ‐ Employee Benefits Dental Insurance Reorg transfer from CMO to CDD 1,521 100‐71‐705 501‐507 ‐ Employee Benefits Medicare Reorg transfer from CMO to CDD 2,814 100‐71‐705 501‐508 ‐ Employee Benefits Life Insurance Reorg transfer from CMO to CDD 720100‐71‐705 501‐509 ‐ Employee Benefits Long Term Disability Reorg transfer from CMO to CDD 622 100‐71‐705 501‐510 ‐ Employee Benefits Workers Compensation Reorg transfer from CMO to CDD 2,296 100‐71‐705 501‐511 ‐ Employee Benefits Vision Insurance Reorg transfer from CMO to CDD 179 100‐71‐705 501‐513 ‐ Employee Benefits Rec Bucks Reorg transfer from CMO to CDD 500 100‐71‐705 600‐605 ‐ Materials Meeting Expenses Reorg transfer from CMO to CDD 1,876 100‐71‐705 600‐608 ‐ Materials Sml Tools and Equipment Reorg transfer from CMO to CDD 5,777 100‐71‐705 600‐619 ‐ Materials Advertising and Legal Notices Reorg transfer from CMO to CDD 4,200 100‐71‐705 600‐629 ‐ Materials Conference and Training Reorg transfer from CMO to CDD 2,500 100‐71‐705 600‐632 ‐ Materials Mileage Reimbursement Reorg transfer from CMO to CDD 130 100‐71‐705 600‐642 ‐ Materials Telphone and Data Services Reorg transfer from CMO to CDD 660100‐71‐705 600‐647 ‐ Materials Memberships and Dues Reorg transfer from CMO to CDD 5,501 100‐71‐705 700‐702 ‐ Contract Services General Service Agreement Reorg transfer from CMO to CDD 112,250 713
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Budget Transfers as of March 31, 2025 Attachment C
GL Account Description Amount
100‐71‐705 719‐705 ‐ Contingencies Contingencies Reorg transfer from CMO to CDD 923100‐71‐705 750‐179 ‐ Special Projects Econ Dev Strategy Outreach Reorg transfer from CMO to CDD 20,000100‐71‐705 750‐230 ‐ Special Projects Business Continuity Resilience Reorg transfer from CMO to CDD 310,487100‐71‐705 800‐801 ‐ Cost Allocation Equipment Reimbursement Reorg transfer from CMO to CDD 66 100‐71‐705 800‐802 ‐ Cost Allocation IT Reimbursement Reorg transfer from CMO to CDD 102,710 100‐71‐705 800‐805 ‐ Cost Allocation CC CAP Allocation Reorg transfer from CMO to CDD 554100‐71‐705 800‐806 ‐ Cost Allocation CM CAP Allocation Reorg transfer from CMO to CDD 23,733 100‐71‐705 800‐809 ‐ Cost Allocation City Clerk CAP Alloc Reorg transfer from CMO to CDD 451 100‐71‐705 800‐810 ‐ Cost Allocation City Attorney CAP Alloc Reorg transfer from CMO to CDD 1,223 100‐71‐705 800‐814 ‐ Cost Allocation Finance CAP Alloc Reorg transfer from CMO to CDD 11,679100‐71‐705 800‐815 ‐ Cost Allocation Human resources CAP Alloc Reorg transfer from CMO to CDD 24,952 100‐71‐705 800‐820 ‐ Cost Allocation Grounds Maintenance CAP Reorg transfer from CMO to CDD 777 100‐71‐705 800‐821 ‐ Cost Allocation Building Maintenance CAP Reorg transfer from CMO to CDD 6,677 ‐
100‐12‐632 750‐056 ‐ Special Projects Neighborhood Engagement REORG TO PR (56,781) 100‐12‐632 750‐227 ‐ Special Projects CWP Public Safety res/com areas REORG TO PR (10,000)100‐12‐633 600‐629 ‐ Materials Conference and Training REORG TO PR (1,730)100‐12‐633 700‐701 ‐ Contract Services Training and Instruction REORG TO PR (24,600) 100‐12‐633 750‐230 ‐ Special Projects Business Continuity Resilience REORG TO PR (500,000) 100‐12‐633 750‐240 ‐ Special Projects MRC Rise REORG TO PR (2,194) 100‐65‐632 750‐056 ‐ Special Projects Neighborhood Engagement REORG FROM CMO 56,781100‐65‐632 750‐227 ‐ Special Projects CWP Public Safety res/com areas REORG FROM CMO 10,000 100‐65‐633 600‐629 ‐ Materials Conference and Training REORG FROM CMO 1,730100‐65‐633 700‐701 ‐ Contract Services Training and Instruction REORG FROM CMO 24,600 100‐65‐633 750‐230 ‐ Special Projects Business Continuity Resilience REORG FROM CMO 500,000100‐65‐633 750‐240 ‐ Special Projects MRC Rise REORG FROM CMO 2,194 TOTAL ‐
714
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of March 31, 2024
Attachment C
Budget Adjustment Type Fund Description Amount

BUDGET CARRYOVERS
Budget Carryover 100 General Fund $14,000 for media training $5,400 for City logo revamp 19,400 Budget Carryover 100 General Fund $80,000 for community survey 80,000 Budget Carryover 100 General Fund 4H Fence replacement 30,000 Budget Carryover 100 General Fund 4H roof/gutter, Milk Barn repainting 36,347 Budget Carryover 100 General Fund AC2 Traffic Monitoring 77,340 Budget Carryover 100 General Fund Adaptive Traffic Signaling - Projects in progress 5,970 Budget Carryover 100 General Fund ad-hoc Council meeting expenses 11,425 Budget Carryover 100 General Fund AV Social Room,Sports Center,Cupertino Room 33,571 Budget Carryover 100 General Fund Backflow Prevention Device Repl - on backorder 4,000 Budget Carryover 100 General Fund Backwater valve replacement - project in progress 13,596 Budget Carryover 100 General Fund Bench replacements 29,442 Budget Carryover 100 General Fund Bridge tread repair McClellan 70,000 Budget Carryover 100 General Fund CAP Vision Summary Doc 10,000 Budget Carryover 100 General Fund CAPIO conference (2 people) 2,400 Budget Carryover 100 General Fund City Facility reconfiguration/remodels/return to work 127,404 Budget Carryover 100 General Fund City Work Plan for Homeless Jobs Program - ongoing 40,040 Budget Carryover 100 General Fund Commission meeting meals per council policy 1,750 Budget Carryover 100 General Fund Conf room carpet replacement - project in progress 25,000 Budget Carryover 100 General Fund Council phone service 3,000 Budget Carryover 100 General Fund Crowe successor auditor prep and reproduction 700 Budget Carryover 100 General Fund CSTI and Bay Area UASI 24,600 Budget Carryover 100 General Fund CWP Electrification Study 50,000 Budget Carryover 100 General Fund CWP Revisit 5G 250,000 Budget Carryover 100 General Fund Deferred education due to Covid school closures 60,700 Budget Carryover 100 General Fund Deferred training due to Covid 9,913 Budget Carryover 100 General Fund Don Burnett Bridge inspection/median repairs 161,553 Budget Carryover 100 General Fund Dry rot maint retreat center - project in progress 25,000 Budget Carryover 100 General Fund Economic Development Strategy 20,000 Budget Carryover 100 General Fund Electric Cooking 6,400 Budget Carryover 100 General Fund Emergency preparedness outreach materials 2,500 Budget Carryover 100 General Fund Employee Commute Program 2,586 Budget Carryover 100 General Fund Energy Mgmt System Upgrades - project in progress 105,675 Budget Carryover 100 General Fund EOC System Electrical Upgrades - project in progress 25,000 Budget Carryover 100 General Fund ERP evaluation training and webinar workshops 16,896 Budget Carryover 100 General Fund ERP Implementation. Adjunct Staffing 720,673 Budget Carryover 100 General Fund Fee Study special project ongoing 70,800 Budget Carryover 100 General Fund Fence replacementMR in parking lot and path repairs 13,483 Budget Carryover 100 General Fund General Plan special project - ongoing 239,805 Budget Carryover 100 General Fund General supply purchases - supply chain delay 11,641 Budget Carryover 100 General Fund Glass replacement - project in progress 20,183 715
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of March 31, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Grassroots Ecology contract 23,240 Budget Carryover 100 General Fund Greenhouse Gas emission, Climate Corps fellow 27,000 Budget Carryover 100 General Fund Homeland Security Conf,CESA, Naval Postgrad School APEX 3,240 Budget Carryover 100 General Fund Housing Element Update - ongoing 108,189 Budget Carryover 100 General Fund I-280 Wolfe Improvement - project in progress 800,199 Budget Carryover 100 General Fund Irrigation Controller Settlement 103,785 Budget Carryover 100 General Fund Library HVAC ventilation maint & repair 42,800 Budget Carryover 100 General Fund Marina application under review - ongoing 23,317 Budget Carryover 100 General Fund M-Group contract 50,000 Budget Carryover 100 General Fund Moss Adams Enterprise Leadership Study 10,175 Budget Carryover 100 General Fund MRC Rise 6,323
Budget Carryover 100 General Fund Muni Code update - ongoing 25,000 Budget Carryover 100 General Fund new PT Business Systems Analyst position 45,162 Budget Carryover 100 General Fund New staff ergo evals and office equipment 3,028 Budget Carryover 100 General Fund New staff memberships and dues 3,830 Budget Carryover 100 General Fund New staff,deferred training due to pandemic 3,411 Budget Carryover 100 General Fund New staff; defered training due to pandemic 9,171 Budget Carryover 100 General Fund New staff; deferred training due to pandemic 15,116 Budget Carryover 100 General Fund Performance Management App HR portal of ERP 32,000 Budget Carryover 100 General Fund Playground chip - purchase/work in progress 17,824 Budget Carryover 100 General Fund Portal Park concrete replacement 25,000 Budget Carryover 100 General Fund PR Strategy contract being finalized in FY24. 15,000 Budget Carryover 100 General Fund PR Strategy special project 160,000 Budget Carryover 100 General Fund purchase reusable banners for SCB 7,975 Budget Carryover 100 General Fund PW Scanning - Project in progress 28,226 Budget Carryover 100 General Fund Redesign of City Website. Adjunct Staffing 104,396 Budget Carryover 100 General Fund Regional Emergency Operations 500,000 Budget Carryover 100 General Fund Residential Mixed Used - ongoing 48,999 Budget Carryover 100 General Fund SC Corridor Vision Study - Work Plan Item 154,079 Budget Carryover 100 General Fund Senior Strategy CWP item is ongoing 41,378 Budget Carryover 100 General Fund Service Center Security project in progress 5,388 Budget Carryover 100 General Fund Shade structure replacement 65,630 Budget Carryover 100 General Fund Small to Medium Business Resiliency 500,000 Budget Carryover 100 General Fund Solar Battery Chargers for potential generator replacements 8,400 Budget Carryover 100 General Fund Special project - CWP Bicycle facilities 50,000 Budget Carryover 100 General Fund Special Projects LOS to VMT Standards 130,000 Budget Carryover 100 General Fund Special ProjectsMunicipal Water System 22,677 Budget Carryover 100 General Fund Staff augmentation delayed recruitement-Torres Engineering 82,806 Budget Carryover 100 General Fund Stay Active Fund used for Senior members 40,888 Budget Carryover 100 General Fund Sustainable Infrastructure Audit 10,000 Budget Carryover 100 General Fund The Hamptons developer agreement expires 2025 108,640 716
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of March 31, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Tree and concrete work in progress 6,657 Budget Carryover 100 General Fund Trees and Badges - projects in progress 1,263 Budget Carryover 100 General Fund Trench work - special project in progress 40,000 Budget Carryover 100 General Fund Turf supplies not received until FY24 35,512 Budget Carryover 100 General Fund Vallco Town Center - ongoing 188,680 Budget Carryover 100 General Fund Vallco Town Center building inspections - ongoing 5,406,634 Budget Carryover 100 General Fund Vallco Town Center plan review - ongoing 13,500,000 Budget Carryover 100 General Fund VIA Community Shuttle Pilot Program Work Plan Item 10,574 Budget Carryover 100 General Fund VTA CMP Member Agency Fees; invoice pending 73,374 Budget Carryover 100 General Fund VTC-Project in progress 766,777 Budget Carryover 100 General Fund Zoom Room Improvements 40,316 TOTAL GENERAL FUND 25,990,872
Budget Carryover 210 Storm Drain Improvement Pumpkin/Fiesta Storm Drain Ph 1 & 2 249,346 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain New staff; defered training due to pandemic 3,077 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outfall repairs-unpurchased compost,recology payment 133,791 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outstanding payment for school busing,APN fee audit 39,328 Budget Carryover 265 BMR Housing City Work plan for low income 234,722 Budget Carryover 265 BMR Housing City Work Plan for Support for Unhoused - ongoing 50,000 Budget Carryover 270 Transportation Fund 1 additional gateway sign 25,859 Budget Carryover 270 Transportation Fund Annual asphalt project-work in progress 3,542,503 Budget Carryover 270 Transportation Fund Annual SW Curb & Gutter project in progress 257,294 Budget Carryover 270 Transportation Fund Bridge Rehab Minor 492,082 Budget Carryover 270 Transportation Fund Homestead/De Anza Signal Upgrade 98,132 Budget Carryover 270 Transportation Fund Orange & Byrne Sidewalk Improvements 399,990 Budget Carryover 270 Transportation Fund Ph 1 & Ph 2 Pavement digouts, crack seal & fog seal 561,043 Budget Carryover 270 Transportation Fund SBI Funds-work scheduled - project in progress 818,959 Budget Carryover 270 Transportation Fund Sidewalk inspections in progress 62,774 Budget Carryover 270 Transportation Fund Sign survey - project in progress 73,491 Budget Carryover 280 Park Dedication Granite Rock PO 2022-540 (74,751) Budget Carryover 280 Park Dedication Lawrence-Mitty Park 5,940,908 Budget Carryover 280 Park Dedication Memorial Park Pond Repurposing 1,140,478 Budget Carryover 280 Park Dedication MRP Community Garden Improvements 32,900 TOTAL SPECIAL REVENUE FUNDS 14,081,926
Budget Carryover 420 Capital Improvement Fund ADA Improvements, multi-year 120,166 Budget Carryover 420 Capital Improvement Fund BBF Pool Improvements 710,704 Budget Carryover 420 Capital Improvement Fund Bike Plan Implementation 8,649,892 Budget Carryover 420 Capital Improvement Fund California Commercial Fence PO 2021-514 (72,335) Budget Carryover 420 Capital Improvement Fund Carmen Road Bridge Right-of-Way 72,700 Budget Carryover 420 Capital Improvement Fund City Hall & Community Hall Improvements 454,037 717
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Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 420 Capital Improvement Fund City Hall Annex (formerly10455 Torre Ave) Improv 1,901,522 Budget Carryover 420 Capital Improvement Fund City Lighting LED Transition Assessment 1,334,310 Budget Carryover 420 Capital Improvement Fund Citywide Community Garden - project scheduled 34,795 Budget Carryover 420 Capital Improvement Fund CW Bldg Condition Assess Impl 510,787 Budget Carryover 420 Capital Improvement Fund De Anza Blvd Buffered Bike Lanes 524,947 Budget Carryover 420 Capital Improvement Fund EV Parking Expansion - project in progress 208,000 Budget Carryover 420 Capital Improvement Fund Full-size Outdoor Basketball Court 29,493 Budget Carryover 420 Capital Improvement Fund G. Bortolotto PO 2023-204 (2,728) Budget Carryover 420 Capital Improvement Fund Guerra 3, 2022-11 Wilson Park Basketball Ct (97,225) Budget Carryover 420 Capital Improvement Fund Guerra Construction Group PO 2023-367 (18,086) Budget Carryover 420 Capital Improvement Fund Inclusive Play Area Planning 4,315,954 Budget Carryover 420 Capital Improvement Fund Library Expansion - project in progress 396,144 Budget Carryover 420 Capital Improvement Fund Mary Ave Protected Bikeway 49,000 Budget Carryover 420 Capital Improvement Fund McClellan Ranch Parking Lot Impro enviro monitoring 59,037 Budget Carryover 420 Capital Improvement Fund Memorial Park Specific Plan - project in progress 134,274 Budget Carryover 420 Capital Improvement Fund MR Community Garden Improv 1,099 Budget Carryover 420 Capital Improvement Fund Playground Equipment (Creekside & Varian) 602,810 Budget Carryover 420 Capital Improvement Fund Pub Bldg Solar Service Center 18,571 Budget Carryover 420 Capital Improvement Fund Regnart Road Improvements 736,500 Budget Carryover 420 Capital Improvement Fund SCB/Bandley Signal & Median Imps (PM-Stillman) 142,208 Budget Carryover 420 Capital Improvement Fund School Walk Audit Implementation 939,405 Budget Carryover 420 Capital Improvement Fund SLTG/280 Ped Bridge Lighting - (dev in lieu) 46,449 Budget Carryover 420 Capital Improvement Fund St Light Install - Annual Infill - multi-year 74,838 Budget Carryover 420 Capital Improvement Fund St Light Replacement CW (labor) (PM-Alexander) 99,330 Budget Carryover 420 Capital Improvement Fund Stelling/Alves Crosswalk Install 54,039 Budget Carryover 420 Capital Improvement Fund Stevens Crk Bank Repair Concept 30,216 Budget Carryover 420 Capital Improvement Fund Tree Inventory Stevens Creek Corridor 10,840 Budget Carryover 420 Capital Improvement Fund TYMAN Construction PO 2023-374 (9,537) Budget Carryover 420 Capital Improvement Fund Various Park Amenities - project in progress 471,221 TOTAL CAPITAL PROJECT FUNDS 22,533,377
Budget Carryover 520 Resource Recovery Calrecyle billing cycle delay 15,216 Budget Carryover 520 Resource Recovery New Landfill Agreement/Solid Waste 223,859 Budget Carryover 520 Resource Recovery SB1383 Procurement Requirements 44,640 Budget Carryover 520 Resource Recovery Single use Plastics Special project 3,986 Budget Carryover 560 Blackberry Farm BBF Golf Course recent fence repair 5,000 Budget Carryover 560 Blackberry Farm BBF Golf Renovation/Alt Use 270 Budget Carryover 570 Sports Center Door refinishing - project in progress 10,775 Budget Carryover 570 Sports Center HVAC Maint & Repair Special Projects in progress 23,705 Budget Carryover 570 Sports Center replacement windscreens for the Tennis Courts 72,853 Budget Carryover 570 Sports Center Sport Center Community Needs Analysis 25,000 718
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Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 570 Sports Center Unforeseen purchase of umbrellas for Sports Center 1,700 Budget Carryover 580 Recreation Program Quinlan Sustainable Infrastructure 181,329 TOTAL ENTERPRISE FUNDS 608,333
Budget Carryover 610 Innovation & Technology ActiveNet Additional Readers 6,666 Budget Carryover 610 Innovation & Technology Business Automation platform additional support 30,000 Budget Carryover 610 Innovation & Technology CH Ent Server & Storage Tech Ref 140,000 Budget Carryover 610 Innovation & Technology City Hall Enterprise Server & Storage Tech refresh 275,639 Budget Carryover 610 Innovation & Technology CWP Cybersecurity Public Education 7,500 Budget Carryover 610 Innovation & Technology CWP License Plate Readers 60,000 Budget Carryover 610 Innovation & Technology LaserFiche Scanning 21,550 Budget Carryover 610 Innovation & Technology PT GIS Tech reclassification and transfer of Web Specialist 24,848 Budget Carryover 610 Innovation & Technology Security Framework and Audit 60,000 Budget Carryover 610 Innovation & Technology Senior Center Access Controls 16,000 Budget Carryover 610 Innovation & Technology Special Project Additional Telematic Devices 5,300 Budget Carryover 610 Innovation & Technology Special Project Facility Battery 40,037 Budget Carryover 610 Innovation & Technology upgrade to SaaS solution 30,000 Budget Carryover 630 Vehicle/Equip Replacement Equipment/vehicle purchase 46,970 Budget Carryover 630 Vehicle/Equip Replacement Sign shop roof repair - project in progress 56,182 TOTAL INTERNAL SERVICE FUNDS 820,692
TOTAL BUDGET CARRYOVERS 64,035,200
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Attachment C
Budget Adjustment Type Fund Description Amount

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

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

MID-YEAR ADJUSTMENTS
Mid-Year Adjustment 100 General Fund Hidden Treasures Proceeds 10,057 TOTAL MID-YEAR ADJUSTMENTS 10,057
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Attachment C
Budget Adjustment Type Fund Description Amount

ENCUMBRANCE CARRYOVERS
Encumbrance Carryover 100 General Fund Year End Soft Close 9,723,884 TOTAL GENERAL FUND 9,723,884
Encumbrance Carryover 210 Storm Drain Improvement Year End Soft Close 1,566,693 Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 296,053 Encumbrance Carryover 260 CDBG Year End Soft Close 6,637 Encumbrance Carryover 265 BMR Housing Year End Soft Close 3,666 Encumbrance Carryover 270 Transportation Fund Year End Soft Close 1,998,991 Encumbrance Carryover 280 Park Dedication Year End Soft Close 229,394 TOTAL SPECIAL REVENUE FUNDS 4,101,434
Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 1,994,887 Encumbrance Carryover 427 Stevens Creek Corridor Park Year End Soft Close 7,848 TOTAL CAPITAL PROJECT FUNDS 2,002,735
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 284,540 Encumbrance Carryover 560 Blackberry Farm Year End Soft Close 5,858 Encumbrance Carryover 570 Sports Center Year End Soft Close 7,925 TOTAL ENTERPRISE FUNDS 298,323
Encumbrance Carryover 610 Innovation & Technology Year End Soft Close 239,797 Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 761,591 TOTAL INTERNAL SERVICE FUNDS 1,001,388
TOTAL ENCUMBRANCE CARRYOVERS 17,127,764
BUDGET CARRYOVER, COUNCIL APPROVED ADJUSTMENT, AND ENCUMBRANCE CARRYOVER TOTAL 86,350,111 FY 2023-24 ADOPTED BUDGET 121,765,857
FY 2023-24 AMENDED BUDGET AS DECEMBER 31, 2023 $ 208,115,968 723
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FY 2024‐25 Third Quarter
Recommended Budget Adjustments
Attachment E
5/20/2025 100‐60‐601‐700‐707                      26,000 Added Bank Charges 5/20/2025 560‐63‐616‐700‐707                      15,000 Added Bank Charges 5/20/2025 580‐62‐613‐700‐707                      49,000 Added Bank Charges 5/20/2025 100‐61‐605‐480‐401                        7,320 Added Revenue ‐ Big Bunny 5K 5/20/2025 100‐61‐630‐420‐424                        5,000 Added Revenue ‐ Picnic Rentals 5/20/2025 100‐61‐630‐420‐427                      50,000 Added Revenue ‐ QCC Rentals 5/20/2025 100‐61‐630‐420‐428                        5,000 Added Revenue ‐ Creekside Rentals 5/20/2025 100‐62‐608‐420‐421                      26,000 Added Revenue ‐ Senior Center Rentals 5/20/2025 100‐62‐608‐420‐436                      17,000 Added Revenue ‐ Community Hall Rentals 5/20/2025 100‐62‐623‐450‐404                    150,000 Added Revenue ‐ Senior Center Programs 5/20/2025 100‐62‐640‐450‐404                        1,204 Added Revenue ‐ Campout 5/20/2025 100‐63‐612‐420‐426                      18,499 Added Revenue ‐ Gardens 5/20/2025 100‐63‐612‐450‐404                        2,020 Added Revenue ‐ Pooch Plunge 5/20/2025 100‐63‐612‐450‐405                      19,500 Added Revenue ‐ Swim Lessons 5/20/2025 560‐63‐616‐420‐433                        5,500 Added Revenue ‐ Rental Clubs/Carts 5/20/2025 580‐62‐613‐450‐403                    205,000 Added Revenue ‐ Outdoor/Sports Programs 5/20/2025 100‐70‐700‐480‐411                    152,442 Added Bank Charges 5/20/2025 100‐70‐700‐700‐707                    100,107 Added Bank Charges 5/20/2025 100‐73‐715‐701‐701                      87,000 4Leaf for On‐Call Inspection Services 5/20/2025 100‐87‐829‐900‐905                      50,000 Material Bunker Wall Replacement 5/20/2025 100‐74‐202‐700‐702                      33,000 Citation Processing Center ‐ Data Ticket fees 5/20/2025 100‐63‐612‐500‐502                      15,072 Added Part‐Time for BBF and McClellan 5/20/2025 100‐63‐612‐501‐501                           219 Added Part‐Time Medicare for BBF and McClellan 5/20/2025 100‐63‐612‐501‐519                           196 Added Part‐Time PARS for BBF and McClellan 5/20/2025 100‐84‐813‐700‐702                        9,200 Portal Park Emergency Tree Removal 5/20/2025 100‐84‐815‐600‐613                        9,828 Civic Center ‐ Tree Grates Replacement 5/20/2025 100‐84‐808‐600‐613                        9,194 McClellan Ranch Preserve Park Entrance Sign Replacement. 5/20/2025 100‐81‐122‐750‐176                    (10,000) Defund ‐ Climate AP Vision Summary Doc 5/20/2025 100‐81‐122‐750‐223                    (50,000) Partial Defund ‐ CWP Electrification Study 5/20/2025 100‐80‐800‐750‐244                  (200,000) Defund ‐ CWP Recycled Water Feasibility 5/20/2025 520‐81‐801‐750‐025                    (20,000) Defund ‐ CAP Dashboard Pilot 5/20/2025 100‐84‐812‐750‐025                      (2,000) Defund ‐ Dugout Roof Replacements 5/20/2025 100‐84‐814‐750‐025                      (2,000) Defund ‐ Dugout Roof Replacements 5/20/2025 100‐87‐829‐900‐990                         (844) Defund ‐ EV Arc Project 5/20/2025 100‐87‐830‐750‐025                    (69,619) Defund ‐ QCC Security Project 5/20/2025 100‐88‐844‐750‐163                           (98) Defund ‐ VMT to LOS 5/20/2025 100‐88‐844‐750‐040                         (223) Defund ‐ Planned Transportation Project 5/20/2025 100‐88‐844‐750‐231                      (2,110) Defund ‐ SC Corridor Vision Study 5/20/2025 420‐99‐068‐900‐905                  (112,684) Defund ‐ CIP Regnart Road Improvements 5/20/2025 429‐90‐001‐421‐401                    112,684 Defund ‐ CIP Regnart Road Improvements 5/20/2025 420‐99‐068‐800‐902                    112,684 Defund ‐ CIP Regnart Road Improvements 5/20/2025 420‐99‐072‐900‐905                    (99,330) Defund ‐ CIP Street Light Replacement Labor 5/20/2025 429‐90‐001‐421‐401                      99,330 Defund ‐ CIP Street Light Replacement Labor 5/20/2025 420‐99‐072‐800‐902                      99,330 Defund ‐ CIP Street Light Replacement Labor 5/20/2025 420‐99‐251‐900‐905                  (208,000) Defund ‐ CIP EV Parking Expansion 5/20/2025 420‐99‐255‐700‐702                    (78,340) Defund ‐ CIP Memorial Park Specific Plan 5/20/2025 429‐90‐001‐421‐401                      78,340 Defund ‐ CIP Memorial Park Specific Plan 5/20/2025 420‐99‐255‐800‐902                      78,340 Defund ‐ CIP Memorial Park Specific Plan 5/20/2025 210‐99‐256‐900‐905                    (54,239) Defund ‐ CIP Pumpkin/Fiesta Storm Drain 5/20/2025 100‐90‐001‐401‐401                 4,451,038 Sales Tax Projection Increase 724
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FY 2024-25 Third Quarter Special Projects Attachment F
FY
Added
Department Program Base And Detail
Account With
Detail
Description
Full Org Set Code And
Description
Amended
Budget
Actual
Amount
(Expenses)
Encumbrances Status Estimated
Completion
Outside
Funding
Sources
(Grant,
Other, or
None)
Grant or Outside
Funding Source
FY24 Administration 120 City Manager 750.239 ‐ PR & Strategic Comm Strategy
100‐12‐120 ‐  General Fund‐City
Manager‐City Manager
127,400.00 0.00 0.00 Cancelled 6/30/2026 None N/A
FY24 Administration 120 City Manager 750.245 ‐ CWP Rise Const Stakeholder Engmt
100‐12‐120 ‐  General Fund‐City
Manager‐City Manager
100,000.00 0.00 0.00 In Progress 6/30/2025 None N/A
FY20 Community development 702 Mid Long Term
Planning
750.032 ‐ General Plan 100‐71‐702 ‐  General Fund‐Planning‐ Mid Long Term Planning
239,805.00 0.00 0.00 In Progress Ongoing None N/A
FY17 Community development 702 Mid Long Term
Planning
750.090 ‐ Residential/Mixed UseDesign
100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 194,922.00 0.00 0.00 In Progress Summer 2025 None N/A
FY22 Community development 702 Mid Long Term
Planning
750.101 ‐ CWP RHNA andGen Plan Update
100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 422,564.00 87,426.42 337,063.55 Completed Sep 2024 None N/A Community development 702 Mid Long Term
Planning
750.102 ‐ CWP Sign
Ordinance Update
100‐71‐702 ‐  General Fund‐Planning‐
Mid Long Term Planning
200,000.00 0.00 0.00 Not Started Spring 2025 None N/A
FY22 Community development 702 Mid Long Term
Planning
750.135 ‐ Laserficheplanning map scanning
100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 726.00 0.00 0.00 In Progress Winter 2026 None N/A
FY24 Community development 702 Mid Long Term
Planning
750.235 ‐ CWP Tree List 100‐71‐702 ‐  General Fund‐Planning‐ Mid Long Term Planning
50,000.00 0.00 0.00 In Progress June 2025 None N/A
FY23 Community development 705 Economic
Development
750.179 ‐ Econ Dev
Strategy Outreach
100‐71‐705 ‐  General Fund‐Planning‐Economic Development 20,000.00 0.00 0.00 Not Started None N/A
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FY 2024-25 Third Quarter Special Projects Attachment F
FY
Added
Department Program Base And Detail
Account With
Detail
Description
Full Org Set Code And
Description
Amended
Budget
Actual
Amount
(Expenses)
Encumbrances Status Estimated
Completion
Outside
Funding
Sources
(Grant,
Other, or
None)
Grant or Outside
Funding Source
FY24 Community development 705 Economic
Development
750.230 ‐ Business
Continuity Resilience
100‐71‐705 ‐  General Fund‐Planning‐
Economic Development
310,487.00 0.00 0.00 Not Started 6/30/2025 Grant This is the Cal OES grant that was received in 2022,
which was originally
$1million. This grant does
not appear on the grants
tracking sheet.

Information Services 308 Applications 750.181 ‐ ERP (Phase II) 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
69,166.00 0.00 0.00
FY23 Information Services 308 Applications 750.183 ‐ ACA Guide & Wrapper
100‐32‐308 ‐  General Fund‐I&TApplications‐Applications 25,000.00 0.00 25,000.00 In Progress 6/30/2025 None N/A FY23 Information Services 308 Applications 750.184 ‐ Accela Roadmap 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
23,000.00 0.00 23,000.00 In Progress 6/30/2025 None N/A FY21 Information Services 308 Applications 750.236 ‐ Project Dox 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
394.00 393.75 0.00 Completed 8/1/2024 None N/A
Information Services 308 Applications 750.237 ‐ ERP (Phase III) 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
2,500,000.00 0.00 0.00
FY22 Information Services 986 GIS 750.166 ‐ AR McClellan Ranch
610‐35‐986 ‐  Innovation & Technology‐
I&T GIS‐GIS
11,333.00 11,333.32 0.00 Completed 12/30/2024 None N/A
FY23 Information Services 986 GIS 750.212 ‐ Laserfiche
Scanning
610‐35‐986 ‐  Innovation & Technology‐
I&T GIS‐GIS
4,099.00 0.00 4,098.54 Completed 9/30/2024 None N/A
FY24 Information Services 986 GIS 750.238 ‐ VR Decarb 610‐35‐986 ‐  Innovation & Technology‐ I&T GIS‐GIS
112,002.00 45,810.93 67,900.25 In Progress 6/30/2025 Grant Silcon Valley Clean Energy (fully funded by Grant)
FY24 Public works 122 Sustainability
Division
750.025 ‐ Special
Maintenance
100‐81‐122 ‐  General Fund‐Environmental Programs‐Sustainability Division
10,000.00 0.00 0.00 Not Started 6/30/2025 None N/A
FY22 Public works 122 Sustainability
Division
750.106 ‐ Electric Cooking
Workshop Series
100‐81‐122 ‐  General Fund‐Environmental Programs‐Sustainability Division
6,400.00 0.00 0.00 In Progress 6/30/2025 None N/A
FY24 Public works 122 Sustainability
Division
750.176 ‐ Climate AP
Vision Summary Doc
100‐81‐122 ‐  General Fund‐
Environmental Programs‐Sustainability
Division
10,000.00 0.00 0.00 In Progress 6/30/2025 None N/A
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FY 2024-25 Third Quarter Special Projects Attachment F
FY
Added
Department Program Base And Detail
Account With
Detail
Description
Full Org Set Code And
Description
Amended
Budget
Actual
Amount
(Expenses)
Encumbrances Status Estimated
Completion
Outside
Funding
Sources
(Grant,
Other, or
None)
Grant or Outside
Funding Source
FY24 Public works 122 Sustainability
Division
750.223 ‐ CWP
Electrification Study
100‐81‐122 ‐  General Fund‐
Environmental Programs‐Sustainability
Division
96,057.00 29,477.12 6,630.55 In Progress 6/30/2025 None N/A FY24 Public works 801 Resources
Recovery
750.025 ‐ Special
Maintenance
520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐Resources Recovery
20,000.00 0.00 0.00 Not Started 6/30/25 None This amount comes from Fund 520 with no impact to
General Fund.

FY24 Public works 801 Resources
Recovery
750.041 ‐ HHW and
PaintCare
520‐81‐801 ‐ Resource Recovery‐Environmental Programs‐Resources Recovery
161,010.00 150,878.37 0.00 In Progress Ongoing annual
project
Other In previous years received
funding from landfill fees
which are earmarked for
this supplementation use
in 303‐312. No impact to
General Fund.

FY21 Public works 801 Resources
Recovery
750.084 ‐ Single UsePlastics Ordinance
520‐81‐801 ‐ Resource Recovery‐Environmental Programs‐Resources Recovery
94,544.00 (420.00) 91,494.30 In Progress 1/31/2026 None No impact to General Fund.

FY22 Public works 801 Resources
Recovery
750.137 ‐ SB1383
ProcurementRequirements
520‐81‐801 ‐ Resource Recovery‐Environmental Programs‐Resources Recovery
205,653.00 0.00 0.00 In Progress Ongoing annual
project
Grant CalRecycle grant funds are
paying for compostbrokering to meet the
SB1383 procurementrequirement.

FY22 Public works 801 Resources
Recovery
750.174 ‐ New Lndfill
Agrmnt/Solid Wst con
520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources
Recovery
103,542.00 32,629.62 39,296.63 In Progress 8/31/2025 None No impact to General Fund.

FY20 Public works 802 Non Point
Source
750.064 ‐ Low IncomeCost Share
230‐81‐802 ‐  Env Mgmt Cln Crk Strm
Drain‐Environmental Programs‐Non
Point Source
2,000.00 0.00 0.00 In Progress Ongoing None N/A
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FY 2024-25 Third Quarter Special Projects Attachment F
FY
Added
Department Program Base And Detail
Account With
Detail
Description
Full Org Set Code And
Description
Amended
Budget
Actual
Amount
(Expenses)
Encumbrances Status Estimated
Completion
Outside
Funding
Sources
(Grant,
Other, or
None)
Grant or Outside
Funding Source
FY20 Public works 802 Non Point
Source
750.065 ‐ CUSD Joint Use
Cost Share
230‐81‐802 ‐  Env Mgmt Cln Crk Strm
Drain‐Environmental Programs‐Non
Point Source
8,707.00 17,672.77 0.00 In Progress Ongoing None N/A
FY23 Public works 844 Traffic
Engineering
750.040 ‐ Planned
Transportation Project
100‐88‐844 ‐  General Fund‐
Transportation‐Traffic Engineering
2,788.00 2,565.00 222.50 Completed 6/30/2025
FY22 Public works 844 Traffic
Engineering
750.163 ‐ VMT to LOSStandards
100‐88‐844 ‐  General Fund‐
Transportation‐Traffic Engineering
30,637.00 30,538.93 (0.00) Completed 6/30/2025
FY23 Public works 844 Traffic
Engineering
750.219 ‐ CWP BicycleFacilities
100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 50,000.00 0.00 0.00 In Progress 6/30/2025 None N/A
FY23 Public works 844 Traffic
Engineering
750.231 ‐ SC CorridorVision Study
100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 154,079.00 151,968.63 0.00 Completed 6/30/2025 None N/A FY23 Public works 844 Traffic
Engineering
750.242 ‐ AC2 Traffic
Monitoring
100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 42,975.00 780.00 42,195.00 Completed 6/30/2026 Other Apple Donation FY25 Public works 844 Traffic
Engineering
750.243 ‐ CWP ActiveTransportation Plan
100‐88‐844 ‐  General Fund‐
Transportation‐Traffic Engineering
330,000.00 282.50 299,717.50 In Progress 6/30/2025 Grant TDA3 FY23 Public works 853 Storm Drain
Fee
750.063 ‐ RainwaterCapture
230‐81‐853 ‐  Env Mgmt Cln Crk Strm
Drain‐Environmental Programs‐Storm
Drain Fee
28,207.00 6,634.62 9,072.44 In Progress Ongoing annual
project
Other Funded by 2019 Clean
Water and Storm
Protection parcel fee.
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FY 2024-25 Third Quarter Special Projects Attachment F
FY
Added
Department Program Base And Detail
Account With
Detail
Description
Full Org Set Code And
Description
Amended
Budget
Actual
Amount
(Expenses)
Encumbrances Status Estimated
Completion
Outside
Funding
Sources
(Grant,
Other, or
None)
Grant or Outside
Funding Source
FY20 Recreation services 632 Comm
Outreach & Neigh
Watch
750.056 ‐ NeighborhoodEngagement
100‐65‐632 ‐  General Fund‐
Community Services‐Comm Outreach
& Neigh Watch
56,781.00 23,562.29 0.00 Completed 9/30/2024 Grant California Volunteers Local Governments: ConnectingNeighbors to Neighbors(This specific GL is only the materials portion of the
grant)
FY24 Recreation services 632 Comm
Outreach & Neigh
Watch
750.227 ‐ CWP PublicSafety res/com areas
100‐65‐632 ‐  General Fund‐
Community Services‐Comm Outreach
& Neigh Watch
10,000.00 300.00 0.00 In Progress 6/30/2025 None N/A
FY24 Recreation services 633 Disaster
Preparedness
750.230 ‐ Business
Continuity Resilience
100‐65‐633 ‐  General Fund‐
Community Services‐Disaster
Preparedness
500,000.00 0.00 0.00 Not Started 6/30/2024 Grant This is the Cal OES grant that was received in 2022,
which was originally
$1million. This grant does
not appear on the grants
tracking sheet.

FY23 Recreation services 633 Disaster
Preparedness
750.240 ‐ MRC Rise 100‐65‐633 ‐ General Fund‐
Community Services‐Disaster
Preparedness
2,194.00 1,176.24 0.00 Completed 9/30/2024 Grant National Association of City and County Health Officials(NACCHO) Respond,Innovate, Sustain, and Equip (RISE) Awards
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Department
Granting
Agency Name of Grant Description/Purpose of Grant
Requested
Grant Amount
Date
Applied
Date
Due
Grant Application
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded
City Matching
Funds Required?
Yes/No; If yes,
please include
amount Date Awarded
Grant
Amount
Spent
Grant
Amount
Remaining
Is Grant Active
or Closed or
N/A?
Innovation andTechnology
CA EnergyCommission
California Automated PermitProcessing (CalAPP) Program
CalAPP is proving a one time grant
for the enhancement of Solar permit
applications
$60,000 2/15/2023 5/31/2027 Grant Awarded $60,000 $45,020 4/4/2023 $0 $35,520 Active Public Works CalSTA TIRCP (Transit and Intercity Rail
Program)
5‐year expansion of Via shuttle,
including partnership with City of
Santa Clara
$8,465,000 3/3/2022 3/8/2022 Grant Awarded $8,465,000 No ʺrequiredʺ match, but City
must fund the non
grant‐funded
balance of the
program, or
$8,465,000. This is
shared with City of
Santa Clara.
7/11/2022 $1,131,212 $7,333,788 Active
Public Works Caltrans HSIP (Highway Safety
Improvement Program)
Improving safety on roadway
segments
$3,561,800 9/12/2022 9/12/2022 Grant Awarded $3,205,620 $356,180 3/15/2023 $3,444 $3,202,176 Active Public Works FHWA Safe Streets 4 All (SS4A) Bollinger Road road diet traffic analysis, outreach and engineering
design
$532,000 7/10/2023 7/10/2023 Grant Awarded $425,600 $106,400 12/13/2023 $0 $425,600 Active Public Works HUD Federal Community Project
Funding Grant FY22
Funding for Cupertino Library
Expansion project
$1,000,000 3/25/2021 6/10/2022 Grant Awarded $1,000,000 No 2/15/2024 $0 $1,000,000 Active Public Works CA Parks and
Recreation Dept. State Specified Grant
Funding for Jollyman All Inclusive
Play Area
$1,000,000 3/17/2022 7/1/2022 Grant Awarded $1,000,000 No N/A $0 $1,000,000 Active Public Works CA DOT McClellan Road Bridge
Reconstruction
State Funding Grant (Evan Lo) $7,500,000 3/17/2022 7/1/2022 Grant Awarded $5,000,000 No 5/24/2023 $0 $5,000,000 Active Public Works Santa Clara
County
Santa Clara County AIPG Funding for Jollyman All Inclusive Play Area
$1,440,000 10/10/2018 10/12/2018 Grant Awarded $1,440,000 $1,591,799 5/13/2019 $0 $1,440,000 Active Public Works VTA 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐East
$1,936,000 12/1/2021 12/1/2021 Grant Awarded $1,936,000 $830,000 (30% of total project cost ‐
includes both
Measure B Grants)
11/12/2021 $0 $1,936,000 Active
Public Works VTA 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐Central
$460,000 7/1/2020 7/1/2020 Grant Awarded $460,000 $1,795,000 (30% of project cost ‐
includes both
Measure B Grants)
7/14/2020 $110,802 $349,198 Active
Public Works VTA 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐Central
$3,725,000 7/1/2020 7/1/2020 Grant Awarded $3,725,000 $1,795,000 (30% of project cost ‐
includes both
Measure B Grants)
7/14/2020 $0 $3,725,000 Active
Public Works California Office
of Traffic Safety
(OTS)
Pedestrian and Bicycle Safety
Program
Bicycle and Pedestrian Traffic
Safety Education
$152,000 1/31/2024 1/31/2024 Grant Awarded $160,000 No 10/22/2024 $77,038 $82,962 Active Public Works FHWA BPMP (Bridge Preventative
Maintenance Program)
Funding for recommended
preventative maintenance on localroadway bridges
$1,144,472 9/30/2020 N/A Grant Awarded $1,239,698 $160,617 4/12/2023 $965,930 $434,385 Active Public Works FHWA HBP (Highway Bridge Program) Repairs to bridge 37C0011, SCB over Stevens Creek
$688,000 10/5/2018 N/A Grant Awarded $688,000 $172,000 10/12/2018 $0 $688,000 Active Competitive Citywide Grants Tracking - FY25 Third Quarter Update 730
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Department
Granting
Agency Name of Grant Description/Purpose of Grant
Requested
Grant Amount
Date
Applied
Date
Due
Grant Application
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded
City Matching
Funds Required?
Yes/No; If yes,
please include
amount Date Awarded
Grant
Amount
Spent
Grant
Amount
Remaining
Is Grant Active
or Closed or
N/A?
Competitive Citywide Grants Tracking - FY25 Third Quarter Update Public Works BAAQMD BAAQMD ‐ TFCA 40% Fund
(Transportation Fund for Clean
Air)
Funding for year three (FY25) of
Silicon Valley (SV) Hopper.
$500,000 3/14/2024 3/15/2024 Grant Awarded $500,000 No ʺrequiredʺ match, but City
must fund the non
grant‐funded
balance of the
program. Cityʹs
contribution is
$882,704.

N/A $0 $500,000 Active
Public Works SVCE Community Decarbonization
Engagement Grant
Competitive grant for community
engagement arounddecarbonization topics from SVCE.

Grant Funds shall be disbursed to
Recipient on a reimbursement basis.
$100,000 4/1/2022 4/4/2022 Grant Awarded $111,500 No 2/2/2023 $0 $111,500 Active Parks and Recreation NRPA NRPA: Supporting Healthy
Aging Through Parks and
Recreation 3.0
With the support of the Centers for
Disease Control and Prevention
(CDC), NRPA is offering instructor
training grants for five arthritis‐
appropriate, evidence‐based
interventions (AAEBIs). Essentially,these are physical activity classes that are proven to help people with
arthritis symptoms but can actually
benefit anyone.
$0 10/20/2023 10/23/2023 Grant Awarded $0 ‐ Grant
provides
instructor
training and
material/equip
ment for the
class
No 11/28/2023 $0 $0 Active
Public Works MTC One Bay Area Grant (OBAG)
Cycle 2
Stevens Creek Blvd Protected Bike
Lanes Phase 2
$807,000 7/28/2016 N/A Grant Awarded $807,000 $125,000 1/24/2022 $3,230 $803,770 Active 731
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Department Granting Agency Name of Grant Description/Purpose of Grant RequestedGrant Amount
DateApplied Date Due
Status (GrantAwarded,Pending Results,Grant Denied) Grant Amount Awarded Date Awarded Grant Amount Spent Grant Amount
Remaining
Is Grant Active or
Closed or N/A?
Public Works DOE Energy Efficiency
Community Block Grant
EECBG funds for use in developing energy efficiency services or strategies, code enforcement, other uses
$125,790 N/A 4/28/2023 Grant Awarded $125,790 7/2/2024 $0 $125,790 Active CommunityDevelopmentDepartment
County of Santa
Clara (Simitian)
District 5 Inventory Grant A grant of $50,000 for the City of Cupertino, is to be used to supplement services and support for residents experiencing homelessness. On April 15, 2025 the City Council awarded the funds to the Maitri Domestic Violence Shelter for a two‐year grant (FY25‐26 and FY26‐27) of $25,000 per year.
$50,000 4/29/2024 4/29/2024 Grant Awarded $50,000 4/15/2025 $0 $50,000 Active CommunityDevelopmentDepartment
HUD Community Development
Block Grant (CDBG)
U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2021‐22
$412,800 8/26/2021 Annually: 6/30 Grant Awarded $412,800 2/25/2021 $384,935 $ 27,865 Active CommunityDevelopmentDepartment
HUD Community Development
Block Grant (CDBG)
U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2022‐23
$388,459 10/5/2022 Annually: 6/30 Grant Awarded $388,459 9/26/2022 $195,174 $ 193,285 Active CommunityDevelopmentDepartment
HUD Community Development
Block Grant (CDBG)
U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2023‐24
$358,910 7/31/2023 Annually: 6/30 Grant Awarded $358,910 7/21/2023 $193,777 $ 165,133 Active CommunityDevelopmentDepartment
HUD Community Development
Block Grant (CDBG)
U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2024‐25
$173,313 11/18/2024 Annually: 6/30 Grant Awarded $173,313 11/6/2024 $23,787 $ 149,526 Active CommunityDevelopmentDepartment
HCD Santa Clara County
Permanent Local Housing
Allocation (PLHA)
Consortium
CA Dept of Housing & Community Development (HCD) $165,510 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$165,510 4/15/2025 $0 $165,510 Active
CommunityDevelopmentDepartment
HCD Santa Clara County
Permanent Local Housing
Allocation (PLHA)Consortium
CA Dept of Housing & Community Development (HCD) $257,254 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$257,254 4/15/2025 $0 $257,254 Active
CommunityDevelopmentDepartment
HCD Santa Clara County
Permanent Local Housing
Allocation (PLHA)Consortium
CA Dept of Housing & Community Development (HCD) $283,100 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$283,100 4/15/2025 $0 $283,100 Active
CommunityDevelopmentDepartment
HCD Santa Clara County
Permanent Local Housing
Allocation (PLHA)Consortium
CA Dept of Housing & Community Development (HCD) $141,890 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$141,890 4/15/2025 $0 $141,890 Active
Public Works VTA Bicycle/Pedestrian
Education &Encouragement
2016 Measure B $47,528 9/8/2022 N/A Grant Awarded $47,528 7/1/2024 $36,902 $ 10,625.98 Active Public Works Calrecycle CalRecycle Beverage
Container RecyclingCity/County Payment
Program
Provide opportunities for beverage container recycling. Allowable uses include 2 staff attending annual CA Resource Recovery Association conference, water refill stations, and recycling receptacles. $15,137 12/15/2023 3/1/2026 Awarded $15,137 5/31/2024 $0 $ 15,137.00 Active Public Works Calrecycle CalRecycle Beverage
Container RecyclingCity/County Payment
Program
Provide opportunities for beverage container recycling. Allowable uses include 2 staff attending annual CA Resource Recovery Association conference, water refill stations, and recycling receptacles. $15,142 10/1/2024 2/2/2027 Awarded $15,142
3/20/2025
$0 $15,142 Active
Non-Competitive Citywide Grants Tracking - FY25 Third Quarter Update 732
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Department Granting Agency Name of Grant Description/Purpose of Grant RequestedGrant Amount
DateApplied Date Due
Status (GrantAwarded,Pending Results,Grant Denied) Grant Amount Awarded Date Awarded Grant Amount Spent Grant Amount
Remaining
Is Grant Active or
Closed or N/A?
Non-Competitive Citywide Grants Tracking - FY25 Third Quarter Update Public Works Calrecycle CalRecycle SB 1383 Local
Assistance Grant Program ‐ 2023 cycle
Grant program meant to provide aid in the implementation of regulation requirements associated with SB 1383.
$161,264 11/14/2023 11/15/2023 Grant Awarded $161,264 5/22/2024 $258 161006.05 Active Public Works MTC TDA3 Active Transportation Plan $330,000 5/16/2024 5/16/2024 Grant Awarded $330,000 10/3/2024 $0 $330,000 Active 733
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CIP PROJECT AND STAFFING UPDATE March 24, 2025
Q3 - FY2024 – 2025 (January – March 2025)
Status of Current CIP Projects
The Capital Improvement Programs division continues to accomplish a great deal with limited resources. Two positions are currently vacant and we are in the process of restarting recruitment, partnering with Human Resources division.

Facilities CIP Projects (orange) – 5 active projects, 4 queued Parks and Recreation CIP Projects (green) - 3 active projects, 1 queued Streets and Infrastructure CIP Projects (mauve) – 5 active projects Transportation (Traffic, Bike and Pedestrian) CIP Projects (blue) – 5 active projects, 3 queued
Total: 18 active projects, 8 queued.

Note: The color-coded project categories used here correlate to the terminology adopted in the five-year CIP annual proposal. These ‘types’ are descriptive rather than prescriptive, as many projects could fall into multiple categories.

ACTIVE PROJECTS (6) – CIP Manager (1.0 FTE)
Project Title Description Phase, Schedule, and Status
PV Systems Design &
Installation
Design and install photovoltaic systems at 3
City facilities.
• Phase: Design, RFQ
• Completion: April 2026
After review by Commissions, Community
and Council, the project is moving ahead
with 3 of the originally proposed 5 sites. The
DBE was awarded to Syserco in February
2025.

ADA Improvements This is an ongoing program funded annually to improve accessibility at all public facilities
throughout the City. (Multi-year funding)
• Phase: Ongoing
• Completion: N.A.

Undertaking improvements at Jollyman Park
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Cupertino City CouncilMay 20, 2025

Cupertino City Council
May 20, 2025