Cupertino City Council
December 2, 2025

Tuesday, December 2, 2025
6:0
0 PM

CITY OF CUPERTINO
Televised Special Meeting (6:00) and Televised Regular City Council Meeting (6:45)
10350 Torre Avenue, Council Chamber and via Teleconference; and Te
leconference Location Pursuant to Gov. Code 54953(b)(2): Wynn Resort, 3131 Las Vegas Blvd S, Las Vegas, NV 89109.

City Council

LIANG CHAO, MAYOR

KITTY MOORE, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER

SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER

IN PERSON AND TELECONFERENCE MEETING
AGENDA
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IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION O
PTIONS TO OBSERVE:

Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.gov/youtube and www.Cupertino.org/webcast
OPTIONS TO PARTICIPATE AND COMMENT:

Members of the public wishing to address the City Council may do so in the following ways:
1) Appear in person for Open Session at Cupertino Community Hall.

A. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item.

B. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon.

C. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Mayor.

D. Speakers are limited to three (3) minutes each. However, the Mayor may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group between 2 and 5 members of the public in attendance may have up to 2 minutes per group member to speak, up to 10 minutes maximum.

E. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways:
a) At the overhead projector at the podium, or
b) E-mail the document to [email protected] by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment.

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2) W ritten Communications as follows:

A. E-mail comments to the City Council for Open Session at [email protected] as follows:
a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be forwarded to the City Council before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the meeting, will be posted to the City’s website after the meeting. c. These e-mail comments will also be received by each City Councilmember, the City Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other email address will be included upon the sender's request.

B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre Avenue, Cupertino, CA 95014
3) Open Session Teleconference in one of the following ways:

A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_X3Bt2qbzQEWH3SGnKGqkNQ a) Registrants will receive a confirmation email containing information about joining the webinar.
b) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak.
c) Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.

Certain functionality may be disabled in older browsers, including Internet Explorer.

B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows:
a) Dial 669-900-6833 and enter WEBINAR ID: 847 8092 2262 b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c) Speakers will be recognized to speak by the last four digits of their phone number.

C. Via an H.323/SIP room system:

Join from an H.323/SIP room system:

H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 847 8092 2262

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SIP: [email protected]

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL N
OTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, December 02, 2025, commencing at 6:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Wynn Resort, 3131 Las Vegas Blvd S, Las Vegas, NV 89109. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."

SPECIAL MEETING

ROLL CALL
AC

TION CALENDAR

1. Subject: Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; Adopt a resolution authorizing the Mayor to sign and transmit the comment letter to MTC and ABAG
Recommended Action: 1. Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; and

2. Adopt Resolution No. 25-100 authorizing the submittal of a comment letter on the Draft Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and authorizing the Mayor to sign and transmit the letter to the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG)
Staff Report
A - Draft Resolution
B - Draft Letter

ADJOURNMENT
R

EGULAR MEETING

CALL TO ORDER
P

LEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

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1. Subject: Proclamation recognizing the work of the City Manager’s Office Recommended Action: Present proclamation recognizing the work of the City Manager’s Office
A - Proclamation

2. Subject: Proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots Democracy and Civic Engagement
Recommended Action: Present proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots Democracy and Civic Engagement A - Proclamation

PRESENTATIONS

3. Subject: Presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event
Recommended Action: Receive presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event

POSTPONEMENTS AND ORDERS OF THE DAY
O

RAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within t
he jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 4-9)
Items appearing on the Consent Calendar are considered routine City business and may be approved by o
ne motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

4. S ubject: Approval of November 18, 2025 City Council minutes

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Recommended Action: Approve the November 18, 2025 City Council minutes A - Draft Minutes

5. Subject: Second reading and enactment of amendments to the Municipal Code, Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production
Recommended Action: Conduct the second reading and enact Ordinance No. 25-2279:
“An Ordinance of the City Council of the City of Cupertino Amending City Code Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.”
Staff Report
A - Draft Ordinance (Clean)
B - Draft Ordinance (Redline)
C - Feedback from California Film Commission

6. Subject: Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program; set hearing on March 3, 2026 to declare a public nuisance and to consider objections for proposed removal Recommended Action: Adopt Resolution No. 25-101 declaring properties as having potential fire hazards from weeds or other potential nuisances (Attachment A) and set hearing on March 3, 2026 to declare a public nuisance and to consider objections for proposed removal
Staff Report
A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)

7. S ubject: Receive the Monthly Treasurer's Report for October 2025 Recommended Action: R eceive the Monthly Treasurer's Report for October 2025 Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances October 2025 B – Report of City-wide Fund BalancesNet Position October 2025

8. S ubject: Receive the Monthly Treasurer's Investment Report for October 2025 Recommended Action: Receive the Monthly Treasurer's Investment Report for October 2025
Staff Report
A - Chandler Investment Report Oct 2025

9. Subject: Establishment of New Friendship City Relationships with Xuhui District, Shanghai, People’s Republic of China and Danzhou, Hainan Province, People’s Republic of China

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Recommended Action: Approve the establishment of new Friendship City relationships with:

1. Xuhui District, Shanghai, People’s Republic of China; and

2. Danzhou, Hainan Province, People’s Republic of China Staff Report
A - Friendship City Application - Xuhui District, Shanghai, People's Republic of China B - Friendship City Application - Danzhou, Hainan Province, People’s Republic of China C - Sister and Friendship City Policy
D - Letter of Intent - Xuhui District
E - Letter of Intent - Danzhou

PUBLIC HEARINGS
Government Code Section 65103.5 limi ts the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under Govt. Code Section 65103.5 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

10. Subject: Amendments to the Fiscal Year (FY) 2025-26 Fee Schedule to establish a new fee for Film Permit Applications and Film Production
Recommended Action: Adopt Resolution No. 25-102 to amend the City’s Master Fee Schedule - Schedule A - to establish a new fee for Film Permit Applications and Film Production
Staff Report
A - Draft Resolution
B - Exhibit A - FY 2025-26 Fee Schedule A - General Fees (Redline) C - Exhibit A - FY 2025-26 Fee Schedule A - General Fees (Clean)

ACTION CALENDAR

11. S
ubject: OpenGov Budget Format Review Presentation and Finalize Recommendations Recommended Action: a. Receive Budget Format Review presentation as outlined in the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and 30
b. Approve OpenGov budget format recommendations
Staff Report
A – Sample Current Budget Council & Commissions Department Overview through budget financials p
age
B – Budget Format Implementation Action Plan

STUDY SESSION
P
age 7
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12. Subject: Conduct Study Session on the Mary Avenue Project (“Project”), including project history, project siting, the conditional transfer of City-owned property rights, affordability restrictions, and remaining steps prior to entitlement and closing on the Project; and 2) Consider Appointing Negotiator(s) for the possible transfer of certain rights to City-owned property (APN: 326-27-053), in the form of a ground lease or a sale with the City’s future right to repurchase
Recommended Action: Consider Mary Ave. project and provide direction on next steps including appointing the City Manager and Interim City Attorney as Negotiators with the Nonprofit Public Benefit Corporations Cupertino Rotary Housing Corporation, Housing Choices Coalition for Persons with Developmental Disabilities, Inc., and Charities Housing Development Corporation of Santa Clara County (collectively, the “Developer”), regarding the possible transfer of property rights in the form of a ground lease or sale with the City’s future right to repurchase on terms established by the City Council
Staff Report
A - Staff Report dated March 15, 2022
B - Parcel Map recorded on May 2, 2023
C - Staff Report dated February 6, 2024
D – Exclusive Negotiating Agreement executed on April 9, 2024 E - Staff Report dated September 4, 2024
F - Staff Report dated April 15, 2025
G - Staff Report dated July 15, 2025
H - Existing Conditions and Demolition Plan
I - Mary Avenue Project FAQ

ITEMS REMOVED FROM THE CONSENT CALENDAR
C

ITY MANAGER REPORT

13. Subject: City Manager Report
A - City Manager Report

ORAL COMMUNICATIONS - CONTINUED
C

OUNCILMEMBER REPORTS

14. Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
D - Councilmember Report, Moore

FUTURE AGENDA ITEMS
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists

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upcoming City Council meeting dates and tentative agenda items, all of which are subject to change.

15. Subject: Upcoming Draft Agenda Items Report
A - Upcoming Draft Agenda Items Report

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence l
egislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written

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communications are accessible to the public through the City website and kept in packet archives. Do n
ot include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
25-14525 Agenda Date: 12/2/2025
Agenda #: 1.

Subject: Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; Adopt a resolution authorizing the Mayor to sign and transmit the comment letter to MTC and ABAG

1. Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; and

2. Adopt Resolution No. 25-100 authorizing the submittal of a comment letter on the Draft Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and authorizing the Mayor to sign and transmit the letter to the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG)
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
powered by Legistar™
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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; Adopt a resolution authorizing the Mayor to sign and transmit the comment letter to MTC and ABAG Recommended Action

1. Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; and

2. Adopt Resolution No. 25-__ authorizing the submittal of a comment letter on the Draft Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and authorizing the Mayor to sign and transmit the letter to the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) Background
Plan Bay Area 2050+ serves as the Bay Area’s federally required regional plan and outlines long-range strategies intended to guide transportation investments, housing needs, economic development, and environmental resilience through mid-century. As the latest update to the region’s long-term planning framework, the 2050+ cycle focuses on refreshing assumptions from the adopted Plan Bay Area 2050, addressing post-pandemic shifts in travel, land use, and fiscal conditions, and aligning with the concurrent Transit 2050+ effort to improve transit reliability and financial sustainability. The plan provides the foundation for future regional funding decisions and policy initiatives, making local feedback essential during the public review period.

Reasons for Recommendation and Available Options
The City has received notice that MTC and ABAG have released the Draft Plan Bay Area 2050+ and its Draft Environmental Impact Report (EIR) for public review and comment after over two years of work. Mayor Liang Chao has requested this item be added to the December 2 City Council meeting agenda in order to receive councilmember feedback to incorporate into a letter by the MTC-ABAG December 18 deadline. A resolution (Attachment A) and draft letter prepared by the Mayor is included here as Attachment B. 12 CC 12-02-2025
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Residents are encouraged to provide feedback directly to MTC-ABAG and may submit comments here:
 Draft Plan Bay Area 2050+ comment form: https://planbayarea.org/draftplan  Draft Environmental Impact Report (EIR) for Plan Bay Area 2050+ comment form:
https://planbayarea.org/2050/environmental-impact-report-eir The plan outlines 35 strategies and investments to be implemented by 2050. This planning cycle also includes the parallel Transit 2050+ effort, which aims to re-envision Bay Area public transit in partnership with regional operators.

Residents are welcome to learn about the draft plan and provide feedback at the upcoming hybrid public hearings scheduled for December 3 and December 4 at 6:00 p.m. Details on how to join the zoom can be found at the MTC meeting and events page.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None
Council Goal:

Quality of Life, Transportation, Housing, Fiscal Strategy California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution
B – Draft Letter
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RESOLUTION NO. 25-___

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AUTHORIZING SUBMITTAL OF A COMMENT LETTER
ON THE DRAFT PLAN BAY AREA 2050+ AND THE

ASSOCIATED DRAFT ENVIRONMENTAL IMPACT REPORT

WHEREAS, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) have released the Draft Plan Bay Area 2050+ and its accompanying Draft Environmental Impact Report (Draft EIR) for public review and comment; and

WHEREAS, the Draft Plan Bay Area 2050+ serves as the region’s long-range transportation, housing, economic, and environmental plan and will guide major regional investments, local planning expectations, and statutory processes such as the Regional Housing Needs Allocation (RHNA); and

WHEREAS, the Draft EIR evaluates the environmental impacts associated with implementation of the Draft Plan Bay Area 2050+, including impacts related to wildfire risk, emergency evacuation, water supply, wastewater, stormwater, landfill capacity, air quality, transportation, public services, hazardous materials, and other environmental resources; and

WHEREAS, the City Council of the City of Cupertino has carefully reviewed the Draft Plan and the Draft EIR and identified substantial concerns regarding:
 reliance on an overstate d regional population and employment forecast;
 use of a non -standard modeling approach that diverges from State demographic projections;
 voluntary and non -enforceable mitigation measures that leave numerous impacts Significant and Unavoidable (SU);
 deficiencies in wildfire, evacuation, and public-safety analysis;  inconsistencies in the water-supply and cumulative-impact findings; and
 risks associated with sea -level rise, tidal flooding, freeway -adjacent air-quality exposures, and overstressed public -service and infrastructure systems; and
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 major funding risks and unfunded local obligations associated with many strategies and mitigations that rely on future regional, state, or federal revenues that have not yet been secured; and

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the City Council Comment Letter on the Draft Plan Bay Area 2050+ and Draft Environmental Impact Report, attached as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that this Resolution 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 Resolution 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 would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of December, 2025, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

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SIGNED:

________
Liang Chao, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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Reserved for Exhibit A
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MAYOR LIANG CHAO
[email protected]

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3192 •
CUPERTINO.GOV
December 2, 2025

Metropolitan Transportation Commission (MTC)
Association of Bay Area Governments (ABAG)
375 Beale Street, Suite 700
San Francisco, CA 94105

Re: City Council Comments on the Draft Plan Bay Area 2050+ and Draft Environmental Impact Report

Dear MTC and ABAG Board Members:

The City Council of Cupertino appreciates the opportunity to comment on the Draft Plan Bay Area 2050+ and its accompanying Draft Environmental Impact Report (Draft EIR). As local elected officials responsible for public safety, fiscal stewardship, infrastructure planning, and environmental protection, we have substantial concerns that the Draft Plan relies on an overstated population and employment forecast, and that the Draft EIR does not adequately analyze or mitigate the resulting environmental, public safety, and infrastructure impacts.

Specifically, our concerns center on:

1. The Draft Plan’s inflated and non-standard regional growth forecast, which diverges sharply from the State’s official projections and does not account for potential reductions in jobs due to the impact of Artificial Intelligence (AI) and increased out-migration driven by demonstrated trends in remote or gig work; and

2. The Draft EIR’s reliance on mitigation measures that are voluntary, deferred, non- enforceable, and dependent on optimistic assumptions about infrastructure expansion— resulting in numerous impacts remaining Significant and Unavoidable (SU).

3. The Draft Plan’s and Draft EIR’s dependence on major future regional, state, and federal funding streams that have not been secured, creating substantial funding risks and unfunded local obligations for the infrastructure, public services, and hazard-mitigation measures required to support the Plan’s growth assumptions.

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optimistic conditions, and lacks measurable performance standards. As a result, the Draft EIR itself acknowledges that many impacts remain Significant and Unavoidable (SU) unless every jurisdiction independently implements the recommended measures—an approach that does not meet the feasibility or enforceability requirements of the California Environmental Quality Act (CEQA).

Our concerns fall into six primary categories:

1. The Growth Forecast Is Overstated and Uses a Non-Standard Modeling Approach

The Draft Plan’s demographic assumptions significantly exceed State forecasts:

 The Draft Plan projects 9.6 million residents in 2050, an increase of +1.84 million people—nearly four times the California Department of Finance (DOF) projected increase of approximately +0.49 million.
 In percentage terms, the Draft Plan assumes a 24% regional population growth rate, compared to the DOF’s much lower 6.5% projection.

In addition to overstating regional growth, the Draft Plan’s assumptions are out of alignment with statewide demographic trends. According to the DOF/Demographic Research Unit (DRU):
 California as a whole is projected to grow by only about +1.0 million residents through 2050.
 Under the Draft Plan, the Bay Area alone would account for +1.84 million residents—nearly double the State of California’s total expected population increase.

These inconsistencies raise serious concerns about the plausibility of the Draft Plan’s regional assumptions.

The Plan uses a policy-driven economic model (REMI) in which population is derived from assumed job levels rather than demographic fundamentals. This approach does not incorporate major structural shifts in the Bay Area economy, including:
 Sustained out-migration driven by remote work and the gig economy, reducing long-term residential demand.
 Office vacancy rates approaching 30%, signaling reduced demand for commercial space and slower office-based employment growth.  Workforce reductions from AI-driven automation in key white-collar sectors, lowering future job and population growth.

Because the growth forecast drives Regional Housing Needs Allocation (RHNA) requirements, CEQA baselines, transportation modeling, and infrastructure planning, reliance on an inflated forecast risks significant regional planning misalignment.

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laws for failing to meet housing production targets that are based on unrealistic population projections.

2. Wildfire, Emergency Evacuation, and Public Safety Impacts Are Significant and Unavoidable (SU)

The Draft EIR identifies several impacts as Significant and Unavoidable (SU):

 Impact HAZ-7 — Significant and Unavoidable (SU): Wildfire exposure, pollutant release, and post-fire geohazards in and near Fire Hazard Severity Zones (FHSZs).
 Impact HAZ-6 — Significant and Unavoidable (SU): Increased population and congestion impair emergency response and evacuation performance.  Impact CUM-8 — Significant and Unavoidable (SU): Cumulative wildfire and evacuation impacts.

Although the Draft Plan excludes certain Wildland–Urban Interface (WUI) areas from Priority Development Areas (PDAs), the Draft EIR notes that development may still occur near high-risk locations, infrastructure will continue passing through fire-prone areas, and congestion will constrain evacuation capacity. Mitigation measures for HAZ- 7, HAZ-8, and CUM-8 are discretionary, rely on voluntary implementation by local jurisdictions, and use “where feasible” language; therefore, wildfire and evacuation impacts remain Significant and Unavoidable (SU).

3. Water Supply, Wastewater, Stormwater, and Landfill Capacity Are Significant and Unavoidable (SU)

The Draft EIR finds the following impacts to be Significant and Unavoidable (SU):

 Impact PUF-1 — Significant and Unavoidable (SU) if not fully mitigated:

Environmental impacts from new or expanded utility infrastructure.  Impact PUF-2 — Significant and Unavoidable (SU): Insufficient water supplies in normal, dry, and multiple-dry-year scenarios.
 Impact PUF-3 — Significant and Unavoidable (SU): Wastewater treatment capacity shortfalls.
 Impact PUF-4 — Significant and Unavoidable (SU): Solid waste and landfill capacity limitations.

Regional landfill facilities are already operating near capacity, and many jurisdictions face long-term solid waste constraints that the Draft EIR does not fully address.

Similarly, stormwater systems in numerous Bay Area communities are undersized or at or near capacity, particularly under projected climate-driven increases in extreme precipitation. These constraints contribute to the Draft EIR’s findings that solid waste and stormwater impacts remain Significant and Unavoidable (SU).

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The Draft EIR is internally inconsistent: project-level and program-level water-supply impacts under Impact PUF-2 are Significant and Unavoidable (SU), yet cumulative hydrology and water-resource impacts in the Other CEQA-Mandated Sections are classified as “less than significant (LTS).” This is not credible, as cumulative impacts cannot be less severe than project-level Significant and Unavoidable (SU) impacts.

Many of the region’s water, wastewater, and stormwater facilities lie in sea-level-rise zones, yet the Draft EIR relies on external agencies to undertake future adaptation projects without identifying funding, timelines, feasibility, or enforceable regional mitigation measures.

Accordingly, these infrastructure impacts remain Significant and Unavoidable (SU).

4. Hospitals, Emergency Services, Police, Fire, and Schools — Mitigation Deferred; Impacts Remain Significant and Unavoidable (SU)

Under Impact PSR-1 — Significant and Unavoidable (SU) if mitigation is not fully implemented, the Draft EIR identifies increased demand for:

 Fire and police services,
 Emergency Medical Services (EMS),
 Hospital and Emergency Room (ER) capacity,
 Intensive Care Unit (ICU) and behavioral-health resources,  K–12 school facilities, including special education,
 Libraries and civic facilities.

The Draft EIR provides no regional analysis of hospital or ER capacity, fire/EMS response-time feasibility, police staffing constraints, or school district facility needs.

Because mitigation consists of voluntary, future local actions, PSR-1 remains Significant and Unavoidable (SU).

5. Air Quality, Seismic, Flooding, and Hazardous Materials Impacts Are Under-Analyzed; Many Are Significant and Unavoidable (SU)

The following impacts remain Significant and Unavoidable (SU) or are inadequately mitigated:

 Impact AQ-2 — Significant and Unavoidable (SU) if not fully mitigated:

Freeway-adjacent pollutant exposure for sensitive receptors.  Impact AQ-3 — Significant and Unavoidable (SU): Conflict with air-quality plans.
 Impact NOI-1 / NOI-2 — Significant and Unavoidable (SU): Construction and traffic noise.
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 Impact GEO-1 through GEO-5: Seismic and liquefaction hazards in unstable-soil or bayfill areas (classified as Less Than Significant with Mitigation, but still substantial).
 Impact HAZ-4 / HAZ-5 — Significant and Unavoidable (SU): Hazardous materials exposure and vapor intrusion risks.
 Impact BIO-1 through BIO-4 — Significant and Unavoidable (SU): Biological resource impacts, including riparian disturbance and habitat fragmentation.

Many Priority Development Areas (PDAs) lie immediately adjacent to freeways— corridors with some of the highest PM2.5 and ultrafine particle concentrations in the state. The Draft EIR underestimates these risks by relying largely on existing regulations and generalized best practices rather than enforceable, performance-based mitigation, leaving freeway-adjacent air-quality impacts Significant and Unavoidable (SU) where local implementation is uncertain.

Many Plan Bay Area growth areas are projected to face tidal flooding, storm-surge impacts, overtopping of levees, or sea-level-rise hazards by 2050 and 2100. The Draft EIR repeatedly cites future coordination with external agencies to address these risks but does not identify funding, timelines, feasibility, or enforceable mechanisms for implementation. This constitutes mitigation deferral, which is not permissible unless performance standards and enforcement mechanisms are established.

Mitigation in this section depends heavily on existing regulations or discretionary local actions, without enforceable regional performance standards. As a result, these impacts remain Significant and Unavoidable (SU).

6. Transportation, Vehicle Miles Traveled (VMT), Congestion, and Evacuation Impacts Are Significant and Unavoidable (SU)

The Draft EIR identifies the following transportation and evacuation-related impacts as Significant and Unavoidable (SU):

 Impact TRA-2 — Significant and Unavoidable (SU): Conflicts with CEQA Vehicle Miles Traveled (VMT) standards.
 Impact TRA-4 — Significant and Unavoidable (SU): Emergency access delays and evacuation constraints.
 Impact HAZ-6 — Significant and Unavoidable (SU): Increased population and congestion impair emergency response and evacuation performance.

Evacuation performance is not evaluated for earthquakes, Public Safety Power Shutoff (PSPS) events, flooding, or multi-hazard scenarios. The Draft Plan nonetheless places substantial growth in evacuation-constrained corridors.

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Impact HAZ-6 highlights a critical fact: concentrating growth in certain corridors under the proposed plan can worsen traffic-related evacuation constraints, even if per-capita Vehicle Miles Traveled (VMT) is reduced region-wide.

7. Funding Risks and Unfunded Local Liabilities

The Draft Plan and Draft EIR assume that local governments, utilities, school districts, and special districts will fund and deliver many of the improvements needed to support Plan Bay Area 2050+ growth. However, many of these obligations lack identified funding, creating substantial uncertainty about the feasibility of required mitigation.  Local Funding Required for Major Mitigations
Several impacts identified as Significant and Unavoidable (SU)—including fire and police protection, Emergency Medical Services (EMS), hospital and ER capacity, K–12 and special-education facilities, water supply reliability, wastewater and stormwater capacity, flood protection, and evacuation performance—are expected to be addressed using local agency resources, with no secured regional, state, or federal funding.
 Reliance on Developer Impact Fees and Utility Rates
The Draft EIR assumes that water, wastewater, stormwater, solid-waste, and school facilities will be funded through developer impact fees, capacity/connection fees, and customer utility rates. Recent State legislation, including SB 937 (fee deferral) and AB 602 (fee constraints), makes these revenue sources increasingly uncertain and inconsistent with the Plan’s assumptions.  Major Regional Initiatives Without Funding
Large-scale Plan strategies—such as the EN1 sea-level-rise adaptation program (estimated at $96 billion, with only $6 billion identified), major transit expansions, and regional housing initiatives—depend on future regional tax measures and new State or federal funding that have not been secured.

Together, these gaps create significant unfunded liabilities for local jurisdictions. Many impacts remain Significant and Unavoidable (SU) not because mitigation is infeasible, but because no reliable funding mechanism has been established to carry it out.

City Council Requests
A. Corrections and Technical Revisions
i. Align growth assumptions with California Department of Finance (DOF) and Demographic Research Unit (DRU) projections.
ii. Add Reduced-Growth, Remote-Work, and AI-Impact alternatives. iii. Resolve inconsistencies between PUF and HYDRO findings. iv. Include enforceable, performance-based mitigation for wildfire, emergency evacuation, water supply, wastewater, hospitals, and schools. v. Ensure that development in high wildfire-hazard areas proceeds only where enforceable mitigation measures—such as adequate evacuation capacity and fire- hardening standards—are in place.
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vi. Ensure that development in high flood-risk or sea-level-rise-vulnerable areas proceeds only where long-term flood protection and clearly defined, feasible, and enforceable mitigation measures are assured.

B. Mitigation Improvements
i. Require development in wildfire-hazard areas to meet minimum evacuation- capacity ratios, fire-hardening requirements, and defensible-space implementation before growth allocations are approved.
ii. Mitigation should address ER, ICU, and behavioral-health capacity triggered by population growth, rather than deferring to unfunded future local expansions. iii. Conduct regional analyses of wastewater, stormwater, landfill, and electric-grid capacity.
iv. Adopt functional-recovery standards so critical facilities and corridors remain operable—or recover quickly—after earthquakes, wildfires, or extreme-weather events.
v. Identify funding gaps for major Plan strategies—such as the $96 billion EN1 sea- level-rise program—and evaluate feasible phased or reduced-scale alternatives where funding is uncertain.
vi. Provide an assessment of the local capital and operating costs needed to support Plan Bay Area 2050+ growth, including the extent to which cities, counties, school districts, utilities, and special districts would need to rely on developer impact fees and local revenues.
vii. Reconcile the Plan’s reliance on developer impact fees with recent State legislation that limits fee timing and justification.

C. Transparency
i. Clearly identify all impacts that are Significant and Unavoidable (SU). ii. Provide a thorough Statement of Overriding Considerations if adopting the Plan despite its Significant and Unavoidable (SU) impacts.

In conclusion, the Draft Plan and Draft EIR do not yet demonstrate enforceable mitigation or provide sufficiently realistic, internally consistent analysis. To protect public safety, ensure infrastructure and environmental resilience, and maintain fiscal responsibility, the City Council urges MTC and ABAG to revise both documents accordingly.

Thank you for your consideration.

Sincerely,

Liang Chao
Mayor

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CITY OF CUPERTINO
Agenda Item
25-14183 Agenda Date: 12/2/2025
Agenda #: 1.

Subject: Proclamation recognizing the work of the City Manager’s Office Present proclamation recognizing the work of the City Manager’s Office CITY OF CUPERTINO Printed on 11/25/2025Page 1 of 1
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Proclamation
WHEREAS, The City Manager’s Office serves as the organizational and operational center of City government, providing leadership, strategic direction, and administrative management to ensure that City services are delivered efficiently, responsibly, and in alignment with community priorities; and
WHEREAS, The City Manager’s Office works closely with the Mayor, City Council, and all municipal departments to guide policy
implementation, steward public resources, and maintain the highest standards of transparency, accountability, and ethical public service; and
WHEREAS, The dedicated professionals of the City Manager’s Office oversee a broad spectrum of essential functions, including citywide administration, legislative affairs, community engagement, communications, emergency management, economic
development, long range planning, and the City Clerk’s Office; and
WHEREAS, The City of Cupertino recognizes and appreciates the dedication, professionalism, and service of the City Manager’s Office, whose work directly contributes to a high quality of life for residents, businesses, and visitors.

THEREFORE, I, Mayor Liang Chao, and the Cupertino City Council do hereby proclaim and acknowledge
The City Manager’s Office
and encourage all residents to recognize the outstanding contributions of the City Manager and staff, whose continued dedication supports a strong, well-managed, and community- focused municipal government.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday, December 2, 2025.

____________________________
The Honorable Liang chao
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
25-14505 Agenda Date: 12/2/2025
Agenda #: 2.

Subject: Proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots Democracy and Civic Engagement
Present proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots Democracy and Civic Engagement
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Proclamation
WHEREAS, Dr. Darrel Lum, a longtime Cupertino resident and beloved local dentist, moved to Cupertino in the mid-1970s and opened his dental practice on Pacifica Drive near City Hall, where he served generations of Cupertino families with kindness, professionalism, and integrity; and
WHEREAS, Beyond his professional excellence, Dr. Lum devoted his life to civic engagement and grassroots democracy, and
WHEREAS, As Cupertino experienced rapid growth in the late 1990s and early 2000s, Dr.

Lum became a leading voice for citizen participation in local government, working tirelessly to expand public notifications, transparency, and community awareness of proposed developments and planning decisions; and WHEREAS, His dental office became an informal civic classroom, where city plans and project maps adorned the walls and where countless residents—including future community leaders—first learned about the General Plan, the Planning Commission process, and how to engage meaningfully in city decision-making; and
WHEREAS, Dr. Lum was instrumental in fostering grassroots organizations such as Concerned Citizens of Cupertino and Better Cupertino, which encouraged residents to study issues, attend public meetings, and advocate respectfully for policies that reflected the community’s voice; and
WHEREAS, Together with his wife, Cherryl, Dr. Lum worked persistently to place referendums and initiatives on the ballot, empowering Cupertino voters to directly shape the city’s future; and
WHEREAS, For over more than 25 years, Dr. Lum’s research, public testimony, and advocacy were characterized by depth, precision, and respect for differing views, and; WHEREAS, Though Dr. Lum passed away in early 2024, his legacy lives on in the vibrant civic spirit of Cupertino, in the generations of residents he mentored, and in the enduring principle that government functions best when citizens are informed and engaged.

THEREFORE, I, Mayor Liang Chao, and the Cupertino City Council do hereby proclaim and recognize December 2, 2025 as
Dr. Darrel Lum Day
In the City of Cupertino, and encourage all residents to honor his remarkable life, his commitment to democracy at the grassroots level, and his lasting contributions to the civic fabric of Cupertino.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday, December 2, 2025.
_______________________
The Honorable Liang Chao
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
25-14546 Agenda Date: 12/2/2025
Agenda #: 3.

Subject: Presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event Receive presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
24-13601 Agenda Date: 12/2/2025
Agenda #: 4.

Subject: Approval of November 18, 2025 City Council minutes Approve the November 18, 2025 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, November 18, 2025
At 6:45 p.m., Mayor Chao called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang. Absent: None.

CLOSED SESSION REPORT – None

CEREMONIAL ITEMS

1. Subject: Recognition of Members of Armed Forces, Veterans, and their Families Recommended Action: Present proclamation honoring Members of Armed Forces, Veterans, and their Families
Mayor Chao recognized members of the armed forces, veterans, and their families.

2. Subject: Recognition of Police Officers, Firefighters, First Responders and their Families Recommended Action: Present proclamation recognizing Police Officers, Firefighters, First Responders and their Families
Mayor Chao recognized police officers, firefighters, first responders and their families.

3. Subject: Proclamation recognizing the 80th Anniversary of the End of World War II Recommended Action: Present proclamation recognizing the 80th Anniversary of the End of World War II
The following organizations received the proclamation:
 Jennifer Cheung and Ignatius Y. Ding, representing the Global Alliance for 31 CC 12-02-2025
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Preserving the History of WWII in Asia
 Hon. Judge Lillian Sing and Hon. Judge Julie Tang, representing the “Comfort Women” Justice Coalition
 Ling Li and Cathy Tsang, representing the Alliance for Preserving the Truth of the Sino-Japanese War
 Betty Yuan and Deborah Zhao, representing the WWII Pacific War Memorial Hall

Mayor Chao presented the proclamation recognizing the 80th anniversary of the end of World War II.

4. Subject: Recognition of November 29, 2025 as Small Business Saturday Recommended Action: Present proclamation recognizing November 29, 2025 as Small Business Saturday

Economic Development Manager Daniel Deg u and the following Economic Development Committee members received the proclamation:
 Manjari Asawa
 Jennifer Yip (EDC and business owner of two Cupertino businesses: Paint Nail Beauty Spa and Sense Head Spa)
 Tracy Kosolcharoen
 Vice Chair Selina Kaing

Mayor Chao p resented the proclamation recognizing November 29, 2025 as Small Business Saturday.

PRESENTATIONS

5. Subject: Emergency Operations Center (EOC) Operational Overview presentation Recommended Action: Receive presentation on EOC Operational Overview

Written communications for this item included a presentation.

Jim Frawley, Emergency Manager Consultant, and Ken Ericksen, Citizen Corps Coordinator for the City of Cupertino, gave a presentation.

POSTPONEMENTS AND ORDERS OF THE DAY

6. Subject: Appeal of fee determination made by the City Collector for Business License renewal; public hearing pursuant to Cupertino Municipal Code (CMC) Section

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Stevens Creek Blvd, Cupertino, CA 95014 (Postponed from September 3, 2025) Recommended Action: Postpone to a date to be determined the Appeal of fee determination made by the City Collector for Business License renewal; public hearing pursuant to Cupertino Municipal Code (CMC) Section 5.04.480(C); Appellant: Annie Lee; Business: Lee's Sandwiches; Business Address: 20363 Stevens Creek Blvd, Cupertino, CA 95014

MOTION: Mohan moved and Fruen seconded to postpone this item to the next meeting when the Council will discuss the business license policy. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain:

None. Absent: None.

ORAL COMMUNICATIONS

Written communications for this item included emails to the Council.

The following members of the public spoke:

Mark Fantozzi discussed state housing laws, development in neighborhoods , and local control.

Anand Chhatpar discussed the Tessellations School organization.

Dennis Whittaker discussed Veterans Day and the Wreaths Across America event.

Brooke Ezzat discussed food insecurity and Cupertino Lions Club food drives.

Helene Davis and Gilbert Wong Cupertino , representing Cupertino Copertino Sister Cit ies Association, discussed Cupertino Copertino Sister Cities Association updates and an upcoming Cupertino Union School District meeting.

Ling Cheng discussed the Tessellations School organization.

Rhoda Fry discussed the Cupertino Public Facilities Corporation, the City’s tax -exempt status, and Certificates of Participation.

Ranjan Desai discussed the Mary Avenue Villas project and the City’s procedural process.

At 7:48 p.m., Mayor Chao recessed the meeting. The meeting r econvened at 7:56 p.m. with all Councilmembers present.

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Aref discussed the Mary Avenue Villas project and the City’s procedural process.

Aditya discussed the Mary Avenue Villas project and the City’s procedural process.

Planning Commissioner San Rao (representing self) discussed the Mary Avenue Villas project and the City’s procedural process.

CONSENT CALENDAR (Items 7-16)

Councilmember Wang removed Items 13 and 16 from the Consent Calendar.

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

Peggy Griffin (Item 8)
Planning Commissioner San Rao (representing self) (Item 8)

Mayor Chao closed the public comment period.

Councilmembers made brief comments.

Mayor Chao gave an oral report for Item 15.

MOTION: Wang moved and Chao seconded to approve the items on the Consent Calendar, except Items 13 and 16 , which were removed for consideration . The motion passed with the following vote: Ayes: Chao, Moore, Fru en, Mohan, and Wang. Noes: None. Abstain: None.

Absent: None.

Items 13 and 16 were moved after the Action Calendar per rule.

7. Subject: Approval of November 4, 2025 City Council minutes Recommended Action: Approve the November 4, 2025 City Council minutes

8. Subject: Ratifying Accounts Payable for the periods ending October 10, 2025 and October 24, 2025
Recommended Action: A. Adopt Resolution No. 25-093 ratifying Accounts Payable for the Period ending October 10, 2025; and
B. Adopt Resolution No. 25-094 ratifying Accounts Payable for the Period ending October 24, 2025

Written communications for this item included emails to the Council.

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9. Subject: Adopt a maximum rate schedule for Rate Period Six (RP 6) for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal as calculated using the allowed and approved methodology in the Franchise Agreement (Attachment A) Recommended Action : Adopt Res olution No. 25 -095 (Attachment B) to adopt a maximum rate schedule with an increase of 4.39% ($2.03 per month for average resident) for RP 6 for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services , and transport for disposal pursuant to the Franchise Agreement (Attachment A (FA Exhibit E1))

Written communications for this item included emails to the Council.

10. Subject: Second reading and enactment of Municipal Code Amendments to Cupertino Municipal Code Chapter 16 (Building Code) to Adopt the 2025 California Title 24 Building Standards with Local Amendments
Recommended Action: Conduct the second reading and enact Ordinance No. 25 -2278:
“An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02,

16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and

16.80 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland -Urban Interface Code, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code, with certain exceptions, deletions, modifications, additions and amendments.”

11. Subject: Microsoft Volume Licensing Program Agreement with Dell Marketing L. P., for licensing of Microsoft programs, systems, and databases for a total amount not to exceed $341,458, including a 10% contingency in the amount $31,042.

Recommended Action : Approve a Microsoft Volume Licensing Program Agreement with Dell Marketing L. P. (Attachment A), utilizing Riverside County’s statewide competitively awarded Microsoft Enterprise Agreement for licensing of Microsoft programs, systems, and databases for a total amount not to exceed $341,458, including a 10% contingency in the amount of $31,042, for a 3 -year term beginning from January 1, 2026, to December 31, 2028.

12. Subject: Receive the Treasurer's Investment Report for the Quarter Ending September 30, 2025
Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending September 30, 2025

Written communications for this item included emails to the Council.

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14. Subject: First Amendment to Managed Detection and Response (MDR) Security Services Agreem ent with Arctic Wolf Networks, Inc., for a total amount of $266,548, including a 2% contingency, for a total not to exceed of $486,100 Recommended Action : Approve a First Amendment to the Managed Detection and Response (MDR) Security Services Agreement wit h Arctic Wolf Networks, Inc., for a total amount of $266,548, including a 2% contingency, for a total not to exceed of $486,100, for a term ending on July 12, 2029.

15. Subject: Approval of City Manager Employment Agreement; Proposed Amendments to the Appointed Employees’ Compensation Program
Recommended Action : 1. Adopt Resolut ion No. 25 -096 approving the City Manager Employment Agreement between the City of Cupertino and Tina Kapoor, and authorize the Mayor to execute the agreement; and

2. Adopt Resolution No. 25 -097 amending the Appointed Employees’ Compensation Program

Written communications for this item included a s upplemental report and attachments:

A – Draft Resolution approving the City Manager Employment Agreement , B – Draft Employment Agreement for City Manager , C – Draft Resolution amending the Appointed Employee s’ Compensation Program , D – Draft Amended Appointed Employees’ Compensation Program (Redline) , E – Draft Amended Appointed Employees’ Compensation Program (Clean) , F – Press Release announcing City Manager, and emails to the Council.

Mayor Chao gave an oral report prior to the adoption of this item.

PUBLIC HEARINGS

17. Subject: Amendment to FY 25 -26 Fee Schedule to establish fee for ministerial two lot Urban Lot Split Applications
Recommended Action: Adopt Resolution No. 25 -098 to amend the City’s FY 25 -26 Fee Schedule - Schedule C - to establish a new, reduced fee for Ministerial Urban Lot -Split Applications

Luke Connolly, Assistant Director of Community Deve lopment, reviewed the staff report.

Councilmembers asked questions and made comments.

At 8:33 p .m., Council recessed the meeting. The meeting reconvened at 8:53 p.m. with all Councilmembers present.
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This item was continued to a Special Meeting on Thursday, December 1, 2025.

ADJOURNMENT

At 8:55 p.m., Mayor Chao adjourned the Regular City Council meeting. There was no Council discussion on the remaining agenda items.

ACTION CALENDAR

18. Subject: City Manager's First Quarter Financial Report for Fiscal Year 2025 -26; Budget Modification No. 2526 -419, decreasing appropriations by $674,221 and incre asing revenues by $503,628 resulting in a $1,177,849 increase to unassigned fund balance Recommended Action: 1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2025-26; and

2. Adopt Resolution No. 25 -099 approving Budget Modificati on No. 2526 -419, decreasing appropriations by $674,221 and increasing revenues by $503,628 resulting in a $1,177,849 increase to unassigned fund balance

Written communications for this item included a presentation, a s upplemental report with staff responses to councilmember questions, and emails to the Council.

The Council did not hear this item, and it was continued to a future City Council meeting.

19. Subject: Review first quarterly update for the FY 25-27 City Work Program and make modifications with items from the TBD list
Recommended Action: 1) Receive first quarterly update for the FY 2025-27 City Work Program;
2) Review the TBD list and the FY 25-27 City Work Program, make any desired modifications to finalize the council priority projects

Written communications for this item included a supplemental report and attachments:

D - TBD List as of November 2025 – Updated, E - Q1 Dashboard Printout – Updated, and emails to the Council.

The Council did not hear this item, and it was continued to a future City Council meeting.

ITEMS REMOVED FROM THE CONSENT CALENDAR

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13. Subject: OpenGov Budget Format Review Presentation and Finalize Recommendations Recommended Action: a. Receive Budget Format Review presentation as outlined in the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and 30
b. Approve OpenGov budget format recommendations

This item was removed from the Consent Calendar for discussion.

The Council did not hear this item, and it was continued to a future City Council meeting.

16. Subject: Consider the potential sale of and appoint a negotiator for City -owned property along Mary Avenue (APN: 326-27-053)(“Property”) Recommended Action: Appoint the Interim City Attorney and Interim City Manager to negotiate with the nonprofit public benefit corporations Cupertino Rotary Housing Corporation, Housing Choices Coalition for Persons with Develo pmental Disabilities, Inc., and Charities Housing Development Corporation of Santa Clara County (collectively, the “Developer”) regarding the possible sale and development of the Property on terms established by the City Council

Written communications for this item included a supplemental report with staff responses to councilmember questions and emails to the Council.

This item was removed from the Consent Calendar for discussion.

The Council did not hear this item, and it was continued to a future City Council meeting.

CITY MANAGER REPORT

20. Subject: City Manager Report

City Manager Tina Kapoor reported on recent highlights and upcoming events as provided in the published agenda.

ORAL COMMUNICATIONS - CONTINUED – None

COUNCILMEMBER REPORTS

21. Subject: Councilmember Reports

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Councilmembers reported on their various committees and events as provided in the published agenda.

FUTURE AGENDA ITEMS

The Council did not hear this item.

22. Subject: Upcoming Draft Agenda Items Report

A tentative council meeting agenda calendar was provided in the published agenda.

Minutes prepared by:

_________________________
Kirsten Squarcia, City Clerk

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CITY OF CUPERTINO
Agenda Item
25-14144 Agenda Date: 12/2/2025
Agenda #: 5.

Subject: Second reading and enactment of amendments to the Municipal Code, Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production Conduct the second reading and enact Ordinance No. 25-2279: “An Ordinance of the City Council of the City of Cupertino Amending City Code Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.”
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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Second reading and enactment of amendments to the Municipal Code, Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production Recommended Action
Conduct the second reading and enact Ordinance No. 25-2279: “An Ordinance of the City Council of the City of Cupertino Amending City Code Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.”

Reasons for Recommendation and Available Options
On November 4, 2025, the City Council introduced and conducted the first reading of an ordinance amending Cupertino Municipal Code Title Five (Business Licenses and Regulations) to establish chapter 5.51 to regulate film production with the following modifications:

 Section 5.51.060(A) – Noticing requirements were increased from 48 hours to 72 hours prior to the first day of filming.
 Section 5.51.060(B) – Filming hours were reduced from 10:00 p.m. to 8:00 p.m. for residential areas.

In accordance with California Government Code Section 14999.21, staff submitted the proposed ordinance to the California Film Commission (Commission) for review, and received feedback included in Attachment C, and summarized below:

 The Commission recommended issuing the filming permit within 2-5 business days instead of the 14-30 days we have in the current proposed ordinance. o Staff considered this option and determined that 2-5 business days was insufficient timing to administratively review and approve a permit with all necessary documentation and insurance.
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 The Commission recommended going back to the standard filming hours 7:00 a.m. – 10:00 p.m. for residential zones (with the option to extend hours with the approval of affected residents and business owners).
o Reducing the filming hours to 8:00 p.m. in residential zones was a specific Council directive at the first reading therefore this recommendation was not incorporated.
 The Commission recommended that the ordinance should include a section on violations and fining those found filming without a permit. o Ordinance section 5.51.070 covers permit denial, revocation, or suspension for those found in violation of this ordinance. The fees are being discussed as a separate item and Council can consider a violation fee at that time.

If the City Council approves the second reading and enactment at the December 2, 2025, meeting, the proposed ordinance will be in effect thirty days after.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The proposed ordinance authorizes the City to collect permit fees and require such permittees to carry insurance limits at levels expected to protect the City from liability and to cover the various costs incurred by the City associated with such film production activity within the City.

In adopting the associated fee schedule, future film production within the City should not create a fiscal impact on the City’s finances.

City Work Program (CWP) Item/Description
None
Council Goal:

Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/ City Clerk Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Ordinance (Clean)
B – Draft Ordinance (Redline)
C – Feedback from California Film Commission
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1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND
REGULATIONS) TO ESTABLISH CHAPTER 5.51 TO REGULATE FILM

PRODUCTION

The City Council of the City of Cupertino finds that:

1. The purpose of this Chapter is to: (a) establish a standardized film permit process to regulate commercial, television, motion picture, and nonprofit filming activities conducted within the City ; and (b) ensure coordination with appropriate City departments to protect public health, safety, and welfare , and minimize disruptions to residents, businesses, and public spaces.

2. This Chapter further authorizes the City to recover administrative and operational costs associated with the processing, review, and issuance of film permits through the collection of film permit fees pursuant to a reasonable fee schedule implemented herewith.

3. The establishment of a film permit process, including the associated fee schedule is consistent with the City’s goals of transparency, accountability, and fiscal responsibility.

4. The City desires to encourage filming activity that is compatible with the City’s character, preserves public safety and welfare, and supports local businesses while ensuring that applicants contribute to the costs incurred by the City in facilitating such activity.

5. The City Council of the City of Cupertino held a duly noticed public hearing on November 4, 2025, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

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

SECTION 1. Adoption.
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Ordinance No. __________

The Cupertino Municipal Code is hereby amended as set forth in Attachment A, attached hereto and incorporated herein by this reference.

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.

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 se en with certainty to have no possibility that the action approved may have a significant effect on the environment; therefore, the activity is not subject to CEQA. Future filming activities will remain subject to applicable City regulations and may be fur ther reviewed for CEQA compliance on a case-by-case basis, if warranted. 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 final 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 44 CC 12-02-2025
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Ordinance No. __________

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 a gainst the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on November 4, 2025, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

______________________
Liang Chao, Mayor
City of Cupertino

________________________
Date
ATTEST:

_______________________
Kirsten Squarcia, City Clerk

________________________
Date
APPROVED AS TO FORM:

_______________________
Floy Andrews, Interim City Attorney

________________________
Date

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Attachment A – Page 1

Attachment A – An ordinance to regulate film production

A new Chapter 5.51 is hereby added to Title 5 of the Cupertino Municipal Code, to be adopted in its entirety and shall read as follows:

Chapter 5.51: Regulation of Film Production Permits

5.51.010 Purpose and Intent

This Chapter establishes procedures for the review and issuance of permits for filming activities on location within the city. The intent of this Chapter is to facilitate the production of such work while protecting the residents, property owners, and businesses for the potential adverse impacts of filming activities.

5.51.020 Definitions

A. "Charitable or student film" means any filming by (i) a nonprofit organization, which qualifies under Section 501 (c)(3) or (4) of the Internal Revenue Code as a charitable organization; or (ii) an accredited educational institution, and for which no person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.

B. "Film Production'' means all activities related to staging or shooting of commercial motion pictures, television shows or programs, commercials and advertisements, commercial still photography, video tapes, computer-based programs or other visual reproduction technology now known or hereafter created and the filming of commercial radio station promotional events. The period of filming includes the set-up, all on-site production time, and striking the set, including but not limited to removing scenery, equipment or props at the conclusion of filming.

C. "News Media" means filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.

D. "Private Property'' means any property in the City not owned by the City.

E. "Studio" shall mean a fixed place of business where filming activities, including motion or still photography, are regularly conducted upon the premises. 46 CC 12-02-2025
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5.51.030 Permit Requirements and Exemptions

No person, including students, shall use any public or Private Property, facility or residence within the City for the purpose of Film Production without first applying for and receiving a permit from the City, with the following exemptions:

A. News Media. The provisions of this Chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in on-the-spot print media, publishing or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

B. Private Non-Commercial Video. Filming, videotaping or still photography solely for private non-commercial use.

C. Studio Filming. Filming activities, motion or still photography conducted at a studio.

D. Charitable or Student Films. Projects as defined in CMC 5.51.020(A) are exempt from permit-related fees but still require a permit.

1. Nonprofit organizations desiring a film permit must complete an application form and must provide a copy of their proof of tax-exempt status.

2. Student film projects require students to supply a written certificate from the school of their attendance stating that the filming project is an assignment for their class and is not intended for commercial distribution.

E. City-sponsored Events. Film Production conducted or commissioned by the City, or produced with City funding, sponsorship, or direction.

5.51.040 Permit Application and Fees

A. The issuing authority shall be the City Manager or their designee. The City shall only issue a permit if it is determined that at least the following criteria have been met:
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1. The proposed use will not unreasonably interfere with traffic or pedestrian movement, or unreasonably interfere with or endanger the public peace or rights of nearby residents and merchants to the quiet, peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;

2. The proposed use will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the permit area, or adversely affect the City's ability to perform municipal functions or furnish City services in the vicinity of the permitted area;

3. The proposed use will not constitute a fire or safety hazard and all proper safety precautions will be taken as are reasonably necessary to protect the public peace, health, safety or general welfare; and
B. A complete application for a filming permit shall be filed with the City at least fourteen (14) calendar days prior to the date of the requested Film Production activity, or, if such Film Production activity interferes with traffic or involves potential public safety hazards, an application shall be submitted at least thirty (30) calendar days in advance of commencement. In either case, the applicable filing timelines may be adjusted from time to time as established by the City Manager or his or her designee, with any such changes to be duly noted in the permit application and on the City’s Official webpage. The City, in its sole discretion, may have availability to process an urgent request for a permit within three (3) business days, subject to staff availability. Any such expedited processing shall incur an additional fee.

C. An application for a film permit shall be submitted on the City’s form and shall include all information, materials, and documentation required by this Chapter, including but not limited to (i) a certificate of insurance demonstrating compliance with all insurance requirements set forth in this Chapter, and (ii) evidence of any and all permits, approvals, or personnel required under the CMC or other applicable laws to proceed with the proposed use. An application shall not be deemed complete until all required items have been submitted and all information provided is accurate and complete. The City may require 48 CC 12-02-2025
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An Ordinance on Regulating Film Production - Page 4
supplemental information as reasonably necessary to evaluate the application and ensure compliance with applicable local regulations.

D. A schedule of fees for City services and use of City property shall be established as part of the City’s master fee schedule.

E. The City’s Communications and Marketing Coordinator, or such other staff member as may be designated by the City Manager, shall serve as the primary point of contact for the applicant.

F. The applicant shall obtain any required business license and encroachment permit pursuant to CMC 5.04 et. seq. and 14.08 et. seq., respectively, from the City’s respective departments. The applicant shall also coordinate with the City’s Office of Emergency Management to secure any necessary public safety personnel, including police and fire personnel, to assist with the Film Production.

G. A filming permit shall be valid for the production period set forth in the approved application. Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided applicant is in compliance with established limitations to time and location.

5.51.050 Film Production Insurance, Liability and Indemnification

A. For Film Production on public property, including on the public right of way, a permittee is required to carry commercial general liability and automobile liability insurance and provide a certificate of insurance in an amount of at least one million dollars ($1,000,000) per occurrence or higher, if required by the permit, naming the City, its City Council, commissions, officers, employees, agents and volunteers as additional insureds for protection against claims for personal injury, wrongful death and/or property damage. The certificate shall not be subject to cancellation or modification until after thirty (30) days' written notice to the City. A copy of the certificate will remain available upon request by City.

Student applicants must conform to the provisions listed in this subsection by providing a certificate of insurance from their educational institution.

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B. If the Film Production will involve the use of helicopters, cranes, lifts, aircrafts, or other aerial vehicles or equipment, the applicant shall obtain additional insurance coverage satisfactory to the City, including but not limited to aircraft liability coverage or unmanned aircraft liability coverage, in an amount not less than five million dollars ($5,000,000) per occurrence. The applicant shall provide the City with a copy of the certificate of insurance as proof of coverage prior to the commencement of any aerial filming activities. All aerial filming activities shall comply with applicable federal, state, and local laws, including but not limited to all regulations of the Federal Aviation Administration and any other governing authority having jurisdiction over the operation of an aircraft.

C. An applicant shall conform to all applicable Federal and State requirements for worker's compensation insurance for all persons operating under a Film Production permit under this Chapter.

D. An applicant shall execute an indemnification and hold harmless agreement in a form provided by the City prior to the issuance of a permit under this Chapter.

Such indemnification and hold harmless agreement may be incorporated into the terms and conditions of the film permit.

E. To ensure cleanup and restoration of the site, an applicant may be required to submit a refundable security deposit, in the amount to be determined by the City Manager or their designee. Upon completion of filming and the City’s inspection of the site and determination that the site has been restored to its prior condition, the security deposit will be returned to the applicant.

5.51.060 General Requirements for Film Production

A. Notice. All residents and merchants within a three hundred (300) foot radius of the film location must receive notice of filming at least seventy-two (72) hours prior to the first day of filming. Notwithstanding the foregoing, the City reserves the right to impose additional notice requirements if, in the City's discretion, extraordinary circumstances of the filming warrant additional notice. The City Manager may waive some or all of the notification requirements contained in this section.
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B. Filming Hours. The hours for filming are 7:00 a.m. to 8:00 p.m. Filming activities occurring outside the designated hours require signature approval by eighty (80) percent of residents and businesses within a three hundred (300) foot radius. The City Manager may waive the signature approval requirements contained in this section.

C. No Interference. Filming shall not interfere with normal activities of any neighborhood, such as refuse collection, street sweeping, gardening, deliveries or ingress or egress to public or Private Property without permission of the appropriate authority.

D. Roadwork and Construction. Any roadwork or construction by City crews and/or private contractors under permit or contract to the City or any other public agency has priority over filming activities.

E. Inspections. The permittee must allow site inspections by City staff at any time.

A copy of the approved City license and permit must remain at the filming location.

F. Crew Behavior. Cast and crew are to refrain from unscripted, off-camera language that is loud or lewd within earshot of the general public.

G. Condition of the Site. The permittee shall conduct operations in a neat and orderly fashion, and upon completion of filming, the area shall be cleaned of trash and debris and restored to its original condition.

H. Oversight Personnel. The permittee shall ensure that any required personnel pursuant to CMC 5.51.040(D)(3) are on site during filming.

I. At the City's request, a briefing between City staff and the permittee may be required.

J. For filming that would impact public movement within the right-of-way, an applicant must submit a traffic control and handling plan to the City for review and approval. The plan shall consider:

1. The furnishing and installation of warning signs and any other traffic control devices necessary for conformance with the California Department of Transportation’s California Manual on Uniform Traffic Control devices. 51 CC 12-02-2025
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2. Use of Santa Clara County Sheriff’s personnel for traffic handling assistance may be required, at the discretion of the City.

3. Traffic may be restricted to non-peak hour periods, depending upon location and potential impacts to traffic.

4. Additional restrictions may apply for filming in the vicinity of schools.

5. Unless authorized by the City, camera cars must be driven in the direction of traffic and must observe all traffic laws.

5.51.070 Permit Denial, Enforcement, and Revocation

A. The City shall deny the permit if the conditions of CMC 5.51 and any other applicable laws or regulations have not been met or if the application contains incomplete or false information.

B. The City may immediately revoke or suspend a permit which has been granted, if the conditions of CMC 5.51 and all applicable laws and regulations are no longer being met, if the information supplied by the applicant becomes or is determined to be false or incomplete, or if any substantial change in circumstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare.

C. Upon revocation of a permit, the permittee may be prohibited from applying for another permit for a period of one (1) year if it is determined by the City Manager or City Attorney that the application was filed under false pretenses or that future filming may be detrimental to the public peace, health, safety or general welfare.

D. The City further reserves the right to initiate criminal, civil and/or administrative penalties pursuant to CMC 1.12.010, depending upon the nature of the violation.

E. The City Manager, or designee, may waive or modify any requirement of this Chapter upon determining that the waiver is in the public interest and consistent with the purpose of this Chapter.
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1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND
REGULATIONS) TO ESTABLISH CHAPTER 5.51 TO REGULATE FILM

PRODUCTION

The City Council of the City of Cupertino finds that:

1. The purpose of this Chapter is to: (a) establish a standardized film permit process to regulate commercial, television, motion picture, and nonprofit filming activities conducted within the City; and (b) ensure coordination with appropriate City departments to protect public health, safety, and welfare, and minimize disruptions to residents, businesses, and public spaces.

2. This Chapter further authorizes the City to recover administrative and operational costs associated with the processing, review, and issuance of film permits through the collection of film permit fees pursuant to a reasonable fee schedule implemented herewith.

3. The establishment of a film permit process, including the associated fee schedule is consistent with the City’s goals of transparency, accountability, and fiscal responsibility.

4. The City desires to encourage filming activity that is compatible with the City’s character, preserves public safety and welfare, and supports local businesses while ensuring that applicants contribute to the costs incurred by the City in facilitating such activity.

5. The City Council of the City of Cupertino held a duly noticed public hearing on November 4, 2025, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

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

SECTION 1. Adoption.
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Ordinance No. __________

The Cupertino Municipal Code is hereby amended as set forth in Attachment A, attached hereto and incorporated herein by this reference.

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.

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 to have no possibility that the action approved may have a significant effect on the environment; therefore, the activity is not subject to CEQA. Future filming activities will remain subject to applicable City regulations and may be further reviewed for CEQA compliance on a case-by-case basis, if warranted. 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 final 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 54 CC 12-02-2025
54 of 273
Ordinance No. __________

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 November 4, 2025, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

______________________
Liang Chao, Mayor
City of Cupertino

________________________
Date
ATTEST:

_______________________
Kirsten Squarcia, City Clerk

________________________
Date
APPROVED AS TO FORM:

_______________________
Floy Andrews, Interim City Attorney

________________________
Date

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Attachment A – Page 1

Attachment A – An ordinance to regulate film production

A new Chapter 5.51 is hereby added to Title 5 of the Cupertino Municipal Code, to be adopted in its entirety and shall read as follows:

Chapter 5.51: Regulation of Film Production Permits

5.51.010 Purpose and Intent

This Chapter establishes procedures for the review and issuance of permits for filming activities on location within the city. The intent of this Chapter is to facilitate the production of such work while protecting the residents, property owners, and businesses for the potential adverse impacts of filming activities.

5.51.020 Definitions

A. "Charitable or student film" means any filming by (i) a nonprofit organization, which qualifies under Section 501 (c)(3) or (4) of the Internal Revenue Code as a charitable organization; or (ii) an accredited educational institution, and for which no person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.

B. "Film Production'' means all activities related to staging or shooting of commercial motion pictures, television shows or programs, commercials and advertisements, commercial still photography, video tapes, computer-based programs or other visual reproduction technology now known or hereafter created and the filming of commercial radio station promotional events. The period of filming includes the set-up, all on-site production time, and striking the set, including but not limited to removing scenery, equipment or props at the conclusion of filming.

C. "News Media" means filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.

D. "Private Property'' means any property in the City not owned by the City.

E. "Studio" shall mean a fixed place of business where filming activities, including motion or still photography, are regularly conducted upon the premises. 56 CC 12-02-2025
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5.51.030 Permit Requirements and Exemptions

No person, including students, shall use any public or Private Property, facility or residence within the City for the purpose of Film Production without first applying for and receiving a permit from the City, with the following exemptions:

A. News Media. The provisions of this Chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in on-the-spot print media, publishing or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

B. Private Non-Commercial Video. Filming, videotaping or still photography solely for private non-commercial use.

C. Studio Filming. Filming activities, motion or still photography conducted at a studio.

D. Charitable or Student Films. Projects as defined in CMC 5.51.020(A) are exempt from permit-related fees but still require a permit.

1. Nonprofit organizations desiring a film permit must complete an application form and must provide a copy of their proof of tax-exempt status.

2. Student film projects require students to supply a written certificate from the school of their attendance stating that the filming project is an assignment for their class and is not intended for commercial distribution.

E. City-sponsored Events. Film Production conducted or commissioned by the City, or produced with City funding, sponsorship, or direction.

5.51.040 Permit Application and Fees

A. The issuing authority shall be the City Manager or their designee. The City shall only issue a permit if it is determined that at least the following criteria have been met:
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1. The proposed use will not unreasonably interfere with traffic or pedestrian movement, or unreasonably interfere with or endanger the public peace or rights of nearby residents and merchants to the quiet, peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;

2. The proposed use will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the permit area, or adversely affect the City's ability to perform municipal functions or furnish City services in the vicinity of the permitted area;

3. The proposed use will not constitute a fire or safety hazard and all proper safety precautions will be taken as are reasonably necessary to protect the public peace, health, safety or general welfare; and
B. A complete application for a filming permit shall be filed with the City at least fourteen (14) calendar days prior to the date of the requested Film Production activity, or, if such Film Production activity interferes with traffic or involves potential public safety hazards, an application shall be submitted at least thirty (30) calendar days in advance of commencement. In either case, the applicable filing timelines may be adjusted from time to time as established by the City Manager or his or her designee, with any such changes to be duly noted in the permit application and on the City’s Official webpage. The City, in its sole discretion, may have availability to process an urgent request for a permit within three (3) business days, subject to staff availability. Any such expedited processing shall incur an additional fee.

C. An application for a film permit shall be submitted on the City’s form and shall include all information, materials, and documentation required by this Chapter, including but not limited to (i) a certificate of insurance demonstrating compliance with all insurance requirements set forth in this Chapter, and (ii) evidence of any and all permits, approvals, or personnel required under the CMC or other applicable laws to proceed with the proposed use. An application shall not be deemed complete until all required items have been submitted and all information provided is accurate and complete. The City may require 58 CC 12-02-2025
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supplemental information as reasonably necessary to evaluate the application and ensure compliance with applicable local regulations.

D. A schedule of fees for City services and use of City property shall be established as part of the City’s master fee schedule.

E. The City’s Communications and Marketing Coordinator, or such other staff member as may be designated by the City Manager, shall serve as the primary point of contact for the applicant.

F. The applicant shall obtain any required business license and encroachment permit pursuant to CMC 5.04 et. seq. and 14.08 et. seq., respectively, from the City’s respective departments. The applicant shall also coordinate with the City’s Office of Emergency Management to secure any necessary public safety personnel, including police and fire personnel, to assist with the Film Production.

G. A filming permit shall be valid for the production period set forth in the approved application. Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided applicant is in compliance with established limitations to time and location.

5.51.050 Film Production Insurance, Liability and Indemnification

A. For Film Production on public property, including on the public right of way, a permittee is required to carry commercial general liability and automobile liability insurance and provide a certificate of insurance in an amount of at least one million dollars ($1,000,000) per occurrence or higher, if required by the permit, naming the City, its City Council, commissions, officers, employees, agents and volunteers as additional insureds for protection against claims for personal injury, wrongful death and/or property damage. The certificate shall not be subject to cancellation or modification until after thirty (30) days' written notice to the City. A copy of the certificate will remain available upon request by City.

Student applicants must conform to the provisions listed in this subsection by providing a certificate of insurance from their educational institution.

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B. If the Film Production will involve the use of helicopters, cranes, lifts, aircrafts, or other aerial vehicles or equipment, the applicant shall obtain additional insurance coverage satisfactory to the City, including but not limited to aircraft liability coverage or unmanned aircraft liability coverage, in an amount not less than five million dollars ($5,000,000) per occurrence. The applicant shall provide the City with a copy of the certificate of insurance as proof of coverage prior to the commencement of any aerial filming activities. All aerial filming activities shall comply with applicable federal, state, and local laws, including but not limited to all regulations of the Federal Aviation Administration and any other governing authority having jurisdiction over the operation of an aircraft.

C. An applicant shall conform to all applicable Federal and State requirements for worker's compensation insurance for all persons operating under a Film Production permit under this Chapter.

D. An applicant shall execute an indemnification and hold harmless agreement in a form provided by the City prior to the issuance of a permit under this Chapter.

Such indemnification and hold harmless agreement may be incorporated into the terms and conditions of the film permit.

E. To ensure cleanup and restoration of the site, an applicant may be required to submit a refundable security deposit, in the amount to be determined by the City Manager or their designee. Upon completion of filming and the City’s inspection of the site and determination that the site has been restored to its prior condition, the security deposit will be returned to the applicant.

5.51.060 General Requirements for Film Production

A. Notice. All residents and merchants within a three hundred (300) foot radius of the film location must receive notice of filming at least seventy-two (72) forty- eight (48) hours prior to the first day of filming. Notwithstanding the foregoing, the City reserves the right to impose additional notice requirements if, in the City's discretion, extraordinary circumstances of the filming warrant additional notice. The City Manager may waive some or all of the notification requirements contained in this section.
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B. Filming Hours. The hours for filming are 7:00 a.m. to 8:0010:00 p.m. Filming activities occurring outside the designated hours require signature approval by eighty (80) percent of residents and businesses within a three hundred (300) foot radius. The City Manager may waive the signature approval requirements contained in this section.

C. No Interference. Filming shall not interfere with normal activities of any neighborhood, such as refuse collection, street sweeping, gardening, deliveries or ingress or egress to public or Private Property without permission of the appropriate authority.

D. Roadwork and Construction. Any roadwork or construction by City crews and/or private contractors under permit or contract to the City or any other public agency has priority over filming activities.

E. Inspections. The permittee must allow site inspections by City staff at any time.

A copy of the approved City license and permit must remain at the filming location.

F. Crew Behavior. Cast and crew are to refrain from unscripted, off-camera language that is loud or lewd within earshot of the general public.

G. Condition of the Site. The permittee shall conduct operations in a neat and orderly fashion, and upon completion of filming, the area shall be cleaned of trash and debris and restored to its original condition.

H. Oversight Personnel. The permittee shall ensure that any required personnel pursuant to CMC 5.51.040(D)(3) are on site during filming.

I. At the City's request, a briefing between City staff and the permittee may be required.

J. For filming that would impact public movement within the right-of-way, an applicant must submit a traffic control and handling plan to the City for review and approval. The plan shall consider:

1. The furnishing and installation of warning signs and any other traffic control devices necessary for conformance with the California Department of Transportation’s California Manual on Uniform Traffic Control devices. 61 CC 12-02-2025
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Ordinance No. __________

An Ordinance on Regulating Film Production - Page 7

2. Use of Santa Clara County Sheriff’s personnel for traffic handling assistance may be required, at the discretion of the City.

3. Traffic may be restricted to non-peak hour periods, depending upon location and potential impacts to traffic.

4. Additional restrictions may apply for filming in the vicinity of schools.

5. Unless authorized by the City, camera cars must be driven in the direction of traffic and must observe all traffic laws.

5.51.070 Permit Denial, Enforcement, and Revocation

A. The City shall deny the permit if the conditions of CMC 5.51 and any other applicable laws or regulations have not been met or if the application contains incomplete or false information.

B. The City may immediately revoke or suspend a permit which has been granted, if the conditions of CMC 5.51 and all applicable laws and regulations are no longer being met, if the information supplied by the applicant becomes or is determined to be false or incomplete, or if any substantial change in circumstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare.

C. Upon revocation of a permit, the permittee may be prohibited from applying for another permit for a period of one (1) year if it is determined by the City Manager or City Attorney that the application was filed under false pretenses or that future filming may be detrimental to the public peace, health, safety or general welfare.

D. The City further reserves the right to initiate criminal, civil and/or administrative penalties pursuant to CMC 1.12.010, depending upon the nature of the violation.

E. The City Manager, or designee, may waive or modify any requirement of this Chapter upon determining that the waiver is in the public interest and consistent with the purpose of this Chapter.
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Feedback Received from the CA Film Commission
November 10, 2025
Permitting
A complete application for a filming permit shall be filed with the City at least fourteen (14) calendar days prior to the date of the requested Film Production activity, or, if such Film Production activity interferes with traffic or involves potential public safety hazards, an application shall be submitted at least thirty (30) calendar days in advance of commencement. In either case, the applicable filing timelines may be adjusted from time to time as established by the City Manager or his or her designee, with any such changes to be duly noted in the permit application and on the City’s Official webpage.

The City, in its sole discretion, may have availability to process an urgent request for a permit within three (3) business days, subject to staff availability. Any such expedited processing shall incur an additional fee.

Commission Feedback: We recommend rapid film permit issuance: 2 – 5 business days from permit application submission to permit issuance. I see you guys leave open the option for adjusted time tables but if bandwidth can allow for a shorter published timeframe – we’d recommend you amend this section.

Filming Hours
The hours for filming are 7:00 a.m. to 10:00 p.m. Filming activities occurring outside the designated hours require signature approval by eighty (80) percent of residents and businesses within a three hundred (300) foot radius. The City Manager may waive the signature approval requirements contained in this section.

Commission Feedback: We see you adjusted the filming hours below [from 10:00 p.m. to 8:00 p.m.], we recommend standard hours typically 7:00 a.m. – 10:00 p.m. for residential zones (with the option to extend hours with the approval of affected residents and business owners).

Illegal Filming
Commission Feedback: You may want to also include a section on violations related to that fines for filming without permitting or permission.

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CITY OF CUPERTINO
Agenda Item
25-14400 Agenda Date: 12/2/2025
Agenda #: 6.

Subject: Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program; set hearing on March 3, 2026 to declare a public nuisance and to consider objections for proposed removal
Adopt Resolution No. 25-101 declaring properties as having potential fire hazards from weeds or other potential nuisances (Attachment A) and set hearing on March 3, 2026 to declare a public nuisance and to consider objections for proposed removal
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
powered by Legistar™
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OFFICE OF THE CITY CLERK

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program ; set hearing on March 3, 2026 to declare a public nuisance and to consider objections for proposed removal Recommended Action
Adopt Resolution No. 25-____ declaring properties as having potential fire hazards from weeds or other potential nuisances (Attachment A) and set hearing on March 3, 2026 to declare a public nuisance and to consider objections for proposed removal.

Background
The Cupertino Weed Abatement Program is in place to prevent fire hazards and other nuisances posed by vegetative growth (weeds) and the accumulation of combustible materials.

This program is managed by the Santa Clara County Department of Agriculture.

Brush Abatement Program
The City’s Brush Abatement Program, managed by the Santa Clara County Fire Department, is separate from the County Weed Abatement Program and addresses wildfire risk by requiring property owners in the Wildland-Urban Interface (WUI) to maintain defensible space (Cupertino Municipal Code Section 16.4 0.200). Brush inspections occur on a different cycle than weed inspections. Non-compliant properties may also be abated, with the costs placed on the property tax bill. The Council will consider the lien assessments at the July hearing.

Reasons for Recommendation and Available Options
Cupertino Municipal Code Chapter 9.08 requires property owners to remove or destroy weeds on their property for fire and public health protection. Cupertino Municipal Code Section 9.08.020 states:

Whenever any weeds are growi ng upon any private property or properties or in any street or alley within the City. The City Council shall pass a resolution declaring the same to be a public nuisance and order the County Agricultural Commissioner to give notice of the passage of such resolution as provided in this chapter, and state therein that, unless such nuisance is abated without delay by 65 CC 12-02-2025
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the destruction or removal of such weeds, the work of abating such nuisance will be done by the County Agricultural Commissioner, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of the weeds.

The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner does not do so, and allow the County to recover the costs of abatement.

Process for Weed Abatement Program Outlined
The weed abatement process consists of nine steps that begin in November and go through August of the following year, as shown on the following list. Step One of the process is for the City Council to adopt a resolution declaring properties as having potential fire hazards from weeds or other potential nuisances and to set a hearing on March 3, 202 6, to declare a public nuisance and to consider objections for proposed removal . On November 20, 202 5, the County filed with the City the report of properties that have been identified as being noncompliant with the abatement program requirements (Attachment B, Exhibit A in Resolution).

The steps in the process are outlined below:

1. County prepares a report of all properties that have been non -compliant in removing weeds in the last three years and provides that report to the City and the City sets a hearing date. The County filed the report on November 20, 2025 (Attachment B, Exh ibit A in Resolution). Please note that the City's hearing must be scheduled for March, rather than the customary January date, because the County of Santa Clara will not have its new fee schedule for 2026 approved by the Board of Supervisors until January 6, 2026. This delay requires the City to shift the hearing timeline accordingly. (November )

2. County sends a notice to the property owners on the report notifying them of the hearing date and explaining that they must remove or destroy weeds by the abatement deadline of April 30, 2026 or it will be done for them, with cost of the abatement plus administrative costs assessed to their property (January).

3. City sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. (January-February).

4. City Council holds the hearing to consider objections by property owners and adopts a resolution declaring weeds a public nuisance and ordering abatement. (March) Please note that the City’s hearing date has been shifted from the typical January timeframe to March to accommodate the revised timeline for Step 1.

5. City sends a courtesy letter to property owners listed on the report, reminding them of the abatement deadline (March).

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6. After April 30, the properties are inspected by the County to verify that weeds were removed. The County sends a subsequent letter to property owners listed on the report, after an inspection determines that they are out of compliance; and proceeds with abatement if the property fails the inspection.

7. The County makes a report of all costs associated with the abatement and provide s that report to the City (June-July).

8. City notifies the property owners listed on the assessment report, notifying them of the hearing date (July-August).

9. City Council holds a hearing, considers any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement (July)

The attached draft resolution (Attachment A) will declare the listed properties as being a potential fire hazard due to weeds and/or combustible materials, or a potential nuisance due to weeds that are noxious, dangerous, or pose health risks. If Council adopts the resolution, property owners on the report will receive notices from the County and t he City indicating that public nuisance declared their property must be abated, and that the City Council will conduct a public hearing on March 3, 2026 in order to consider objections to the proposed abatement.

During the public hearing on March 3, 2026, the Council will be asked to approve the Weed Abatement Program report and to declare a public nuisance. If approved, the County will be authorized to perform an inspection of the properties on the report to determine if the property has met the Weed Aba tement Program requirements. Property owners will have until April 30, 2025 to abate their property.

Sustainability Impact
No sustainability impact.

City Work Program (CWP) Item/Description
None.

Council Goal:

Quality of Life.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
The weed abatement program is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15304 (minor alterations to land) and section 15321 (enforcement actions by regulatory agencies).
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_____________________________________
Prepared by: Lauren Sapudar, Deputy City Clerk
Reviewed by: Kirsten Squarcia, City Clerk/Interim Deputy City Manager Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)

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RESOLUTION NO. 25-____

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A

POTENTIAL FIRE HAZARD OR OTHER POTENTIAL NUISANCES AND

SETTING A HEARING TO DECLARE PUBLIC NUISANCE AND FOR

OBJECTIONS TO PROPOSED REMOVAL

WHEREAS, weeds as described in Chapter 9.08 of the Cupertino Municipal Code are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and

WHEREAS, said weeds are undesirable, noxious , and dangerous and /or due to their rapid growth are or may become a fire menace; as such, said weeds constitute a potential public nuisance under state law and Chapter 9.08 of the Cupertino Municipal Code; and

WHEREAS, property owners and other persons occupying or having charge or control of any building, lot, or premises within the City are required to remove weeds in accordance with the provisions of Chapter 9.08 of the Cupertino Municipal Code;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows:

1. Weeds growing upon any private property or in any street or alley within the City in violation of Cupertino Municipal Code, Chapter 9.08 constitute a public nuisance;

2. The weeds found on the streets, sidewalks, highways, roads and private property, which properties are identified by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the County Agricultural Commissioner and attached hereto as Exhibit A, are declared as having potential fire hazards or other potential nuisances due to weeds that are noxious, dangerous, or pose health risks;

3. That the 3
rd day of March, 2026, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino and via teleconference, with details on how to attend the 69 CC 12-02-2025
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Resolution No. 25-____

meeting appearing on the City Council agenda for that date, are hereby set as the time and place to determine whether the condition is a public nuisance and where all property owners having any objections to the proposed removal of such weeds may be heard;

4. That the Agricultural Commissioner is hereby designated and ordered to give notice of the adoption of this resolution , in the manner and form provided in Chapter 9.08 of the Cupertino Municipal Code.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2
nd day of December 2025 by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

________
Liang Chao, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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COMMENCEMENT REPORT Exhibit A
CHIANG ALEX H AND ANNE 10213 MINER PL CUPERTINO CA 95014-220110213 MINER PL 316-26-0651 GALLI ROBERT J 10143 MINER PLACE CUPERTINO CA 9501410143 MINER PL 316-26-0722 ISLAM MOHAMMAD KAMRUL AND 10033 HILLCREST RD CUPERTINO CA 95014-102110033 HILLCREST RD 326-16-0143 SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 92802326-20-0394 SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 92802326-20-0405 DUAN RUIYUAN AND TAN JINGHUA 10039 PENINSULA AVE Cupertino CA 9501410039 PENINSULA Av 326-25-0506 CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-190310301 BEARDON DR 326-30-0427 PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-180720847 GARDEN GATE DR 326-30-0488 WEI , LI 10467 GLENCOE DR CUPERTINO CA 95014-187510467 GLENCOE DR 326-30-1069 WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-181610450 GLENCOE DR 326-30-13910 SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 92802326-35-06811 MULLEN, EVA JO TRUSTEE 22645 SAN JUAN ROAD CUPERTINO CA 95015-083522645 SAN JUAN RD 342-17-06712 HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-393710611 SANTA LUCIA RD 342-17-09513 ITEM, WERNER TRUSTEE & ET AL 22670 SAN JUAN RD CUPERTINO CA 95014-3933EL CERRITO RD 342-21-00414 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070VOSS AVE 342-45-00115 SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-266123025 VOSS AVE 342-50-01516 LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-481921542 REGNART RD 356-23-04017 REGNART LLC 3163 HAWKCREST CIR SAN JOSE CA 9513521710 REGNART RD 356-23-05718 THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-481122028 LINDY LN 356-27-00719 THE 2009 AGRAWAL FAMILY TRUST 1074 NOVEMBER DRIVE CUPERTINO CA 9501422090 LINDY LN 356-27-02020 HSU HUI-CHI AND LAI HSIU-CHEN ET 22400 JANICE AVE CUPERTINO CA 9501422400 JANICE AV 357-01-05121 MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-260210164 FOOTHILLS BLV 357-01-09122 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270710209 CARMEN RD 357-02-00123 YEN JOSEPH JENKUN AND LI 10290 MIRA VISTA RD CUPERTINO CA 95014-270510290 MIRA VISTA RD 357-02-02424

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SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234 SCENIC BLV 357-08-05225 SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234 SCENIC BLV 357-08-05326 SCENIC DISTRICT LLC 10234 SCENIC BL CUPERTINO CA 9501410234 SCENIC BLV 357-08-05427 BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-561020950 STEVENS BL 359-07-00628 20865 MCCLELLAN LLC 200 CENTER ST EL SEGUNDO CA 9024520865 MCCLELLAN RD 359-13-01929 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910476 STELLINGS RD 359-13-13630 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910468 STELLINGS RD 359-13-13731 TIWAIR FAMILY REVOCABLE TRUST 10976 LINDA VISTA DRIVE CUPERTINO CA 95014-47717540 MCCLELLAN RD 359-19-04332 ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-191120860 MCCLELLAN RD 359-20-03033 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179CRANBERRY DR 362-02-04834 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179CRANBERRY DR 362-04-05835 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179RAINBOW DR 362-09-02636 KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-00007898 FIESTA LN 362-15-01237 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179362-16-03738 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179362-19-03339 ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323CLEO AVE 362-31-03040 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179STELLINGS RD 366-09-02841 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179STAUFFER LN 366-09-05342 VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-52571258 STELLINGS RD 366-11-10943 CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-482921670 RAINBOW CT 366-38-00544 KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-482422365 REGNART RD 366-40-00445 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922033 REGNART RD 366-46-00546 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922045 REGNART RD 366-46-00647 LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 9512819990 HALL CT 369-04-01748

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KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553898 BRENT DR 369-24-02549 LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301885 BETLIN AVE 369-27-02850 CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-454210539 BLANEYS AVE 369-33-00151 APRICOT VILLAGE LLC 991 W HEDDING ST SAN JOSE CA 95126-125710710 DE ANZAS. BLV 369-37-02852 LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-342919361 PHIL LN 375-05-02953 WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-354110067 TANTAUS AVE 375-07-00754 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270719160 COZETTE LN 375-07-02255 MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-354210080 TANTAUS AVE 375-07-04256 YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-352210177 JUDY AVE 375-07-05657 LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-353919148 LOREE AVE 375-08-00258 10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-744010024 BRET AVE 375-11-04759 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210200 STERN AV 375-12-00260 CHEN BILONG 18921 ARATA WAY CUPERTINO CA 95014-367018921 ARATA WY 375-12-04161 WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-420018904 ARATA WA 375-13-00362 LI BEI 18815 TILSON AVE CUPERTINO CA 95014-280818815 TILSON AV 375-16-03463 XIE, DEPING AND SUN , HUAMIN 18731 BA RNHART AVE CUPERTINO CA 95014-380318731 BARNHART AVE 375-17-04864 JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 9408918755 BARNHART AVE 375-17-05165 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210361 JOHNSON AV 375-18-03966 STERLING REALTY LLC 10542 STERLING BLVD CUPERTINO CA 95014-383410542 STERLING BL 375-23-03267 ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-383210460 STERLING BLV 375-23-04168 HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-284710308 STERLING BLV 375-24-01769 WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-386518621 RUNO CT 375-25-02370 VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-380418730 BARNHART AVE 375-27-00171 CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-534518781 TUGGLE AVE 375-27-02572

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COMMENCEMENT REPORT Exhibit A
HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-380418760 BARNHART AV 375-27-04173 CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-361510740 MINETTE DR 375-31-03974 MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-360910728 CARVER DR 375-32-01075 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210630 CARVER DR 375-32-02076 YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-360710616 CARVER DR 375-32-02177 DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-362618870 TUGGLE AVE 375-32-02478 CULBERTON PRIME LLC 13428 CHRISTIE DR SARATOGA CA 95070-510310510 CULBERTSON Dr 375-33-00179 HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-362118880 PENDERGAST AVE 375-33-04480 ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-351310657 MORENGO DR 375-34-01381 CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-351410670 MORENGO DR 375-34-05882 THOMPSON, LARRY L AND SHIRLEY 40133 C ANYON HEIGHTS DR FREMONT CA 94539-300818830 HUNTER WA 375-35-00183 JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-554110650 JOHANSEN DR 375-36-00884 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210627 CULBERTSON DR 375-36-02785 XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-640619141 MEIGGS LN 375-37-00186 QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-000010720 TANTAUS AVE 375-37-00287 LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014-000010524 TANTAUS AVE 375-37-02088 BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015-046410593 JOHANSEN DR 375-37-05389 SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014-350810611 JOHANSEN DR 375-37-05690 HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014-4648891 TANTAUS AVE 375-38-04491 LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014-4601947 TANTAUS AVE 375-38-05192 JAN, SEAWAY AND HUNG , CHIA YING604 MILLER AVE CUPERTINO CA 95014-4640604 MILLER AVE 375-42-01693 KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014-4654605 PHIL CT 375-42-01794

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CITY OF CUPERTINO
COMMENCEMENT REPORT Exhibit A
CHIANG ALEX H AND ANNE 10213 MINER PL CUPERTINO CA 95014-220110213 MINER PL 316-26-0651 GALLI ROBERT J 10143 MINER PLACE CUPERTINO CA 9501410143 MINER PL 316-26-0722 ISLAM MOHAMMAD KAMRUL AND 10033 HILLCREST RD CUPERTINO CA 95014-102110033 HILLCREST RD 326-16-0143 SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 92802326-20-0394 SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 92802326-20-0405 DUAN RUIYUAN AND TAN JINGHUA 10039 PENINSULA AVE Cupertino CA 9501410039 PENINSULA Av 326-25-0506 CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-190310301 BEARDON DR 326-30-0427 PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-180720847 GARDEN GATE DR 326-30-0488 WEI , LI 10467 GLENCOE DR CUPERTINO CA 95014-187510467 GLENCOE DR 326-30-1069 WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-181610450 GLENCOE DR 326-30-13910 SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 92802326-35-06811 MULLEN, EVA JO TRUSTEE 22645 SAN JUAN ROAD CUPERTINO CA 95015-083522645 SAN JUAN RD 342-17-06712 HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-393710611 SANTA LUCIA RD 342-17-09513 ITEM, WERNER TRUSTEE & ET AL 22670 SAN JUAN RD CUPERTINO CA 95014-3933EL CERRITO RD 342-21-00414 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070VOSS AVE 342-45-00115 SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-266123025 VOSS AVE 342-50-01516 LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-481921542 REGNART RD 356-23-04017 REGNART LLC 3163 HAWKCREST CIR SAN JOSE CA 9513521710 REGNART RD 356-23-05718 THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-481122028 LINDY LN 356-27-00719 THE 2009 AGRAWAL FAMILY TRUST 1074 NOVEMBER DRIVE CUPERTINO CA 9501422090 LINDY LN 356-27-02020 HSU HUI-CHI AND LAI HSIU-CHEN ET 22400 JANICE AVE CUPERTINO CA 9501422400 JANICE AV 357-01-05121 MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-260210164 FOOTHILLS BLV 357-01-09122 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270710209 CARMEN RD 357-02-00123 YEN JOSEPH JENKUN AND LI 10290 MIRA VISTA RD CUPERTINO CA 95014-270510290 MIRA VISTA RD 357-02-02424

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COMMENCEMENT REPORT Exhibit A
SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234 SCENIC BLV 357-08-05225 SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234 SCENIC BLV 357-08-05326 SCENIC DISTRICT LLC 10234 SCENIC BL CUPERTINO CA 9501410234 SCENIC BLV 357-08-05427 BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-561020950 STEVENS BL 359-07-00628 20865 MCCLELLAN LLC 200 CENTER ST EL SEGUNDO CA 9024520865 MCCLELLAN RD 359-13-01929 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910476 STELLINGS RD 359-13-13630 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910468 STELLINGS RD 359-13-13731 TIWAIR FAMILY REVOCABLE TRUST 10976 LINDA VISTA DRIVE CUPERTINO CA 95014-47717540 MCCLELLAN RD 359-19-04332 ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-191120860 MCCLELLAN RD 359-20-03033 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179CRANBERRY DR 362-02-04834 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179CRANBERRY DR 362-04-05835 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179RAINBOW DR 362-09-02636 KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-00007898 FIESTA LN 362-15-01237 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179362-16-03738 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179362-19-03339 ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323CLEO AVE 362-31-03040 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179STELLINGS RD 366-09-02841 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179STAUFFER LN 366-09-05342 VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-52571258 STELLINGS RD 366-11-10943 CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-482921670 RAINBOW CT 366-38-00544 KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-482422365 REGNART RD 366-40-00445 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922033 REGNART RD 366-46-00546 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922045 REGNART RD 366-46-00647 LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 9512819990 HALL CT 369-04-01748

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COMMENCEMENT REPORT Exhibit A
KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553898 BRENT DR 369-24-02549 LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301885 BETLIN AVE 369-27-02850 CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-454210539 BLANEYS AVE 369-33-00151 APRICOT VILLAGE LLC 991 W HEDDING ST SAN JOSE CA 95126-125710710 DE ANZAS. BLV 369-37-02852 LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-342919361 PHIL LN 375-05-02953 WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-354110067 TANTAUS AVE 375-07-00754 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270719160 COZETTE LN 375-07-02255 MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-354210080 TANTAUS AVE 375-07-04256 YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-352210177 JUDY AVE 375-07-05657 LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-353919148 LOREE AVE 375-08-00258 10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-744010024 BRET AVE 375-11-04759 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210200 STERN AV 375-12-00260 CHEN BILONG 18921 ARATA WAY CUPERTINO CA 95014-367018921 ARATA WY 375-12-04161 WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-420018904 ARATA WA 375-13-00362 LI BEI 18815 TILSON AVE CUPERTINO CA 95014-280818815 TILSON AV 375-16-03463 XIE, DEPING AND SUN , HUAMIN 18731 BA RNHART AVE CUPERTINO CA 95014-380318731 BARNHART AVE 375-17-04864 JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 9408918755 BARNHART AVE 375-17-05165 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210361 JOHNSON AV 375-18-03966 STERLING REALTY LLC 10542 STERLING BLVD CUPERTINO CA 95014-383410542 STERLING BL 375-23-03267 ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-383210460 STERLING BLV 375-23-04168 HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-284710308 STERLING BLV 375-24-01769 WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-386518621 RUNO CT 375-25-02370 VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-380418730 BARNHART AVE 375-27-00171 CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-534518781 TUGGLE AVE 375-27-02572

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COMMENCEMENT REPORT Exhibit A
HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-380418760 BARNHART AV 375-27-04173 CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-361510740 MINETTE DR 375-31-03974 MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-360910728 CARVER DR 375-32-01075 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210630 CARVER DR 375-32-02076 YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-360710616 CARVER DR 375-32-02177 DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-362618870 TUGGLE AVE 375-32-02478 CULBERTON PRIME LLC 13428 CHRISTIE DR SARATOGA CA 95070-510310510 CULBERTSON Dr 375-33-00179 HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-362118880 PENDERGAST AVE 375-33-04480 ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-351310657 MORENGO DR 375-34-01381 CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-351410670 MORENGO DR 375-34-05882 THOMPSON, LARRY L AND SHIRLEY 40133 C ANYON HEIGHTS DR FREMONT CA 94539-300818830 HUNTER WA 375-35-00183 JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-554110650 JOHANSEN DR 375-36-00884 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210627 CULBERTSON DR 375-36-02785 XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-640619141 MEIGGS LN 375-37-00186 QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-000010720 TANTAUS AVE 375-37-00287 LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014-000010524 TANTAUS AVE 375-37-02088 BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015-046410593 JOHANSEN DR 375-37-05389 SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014-350810611 JOHANSEN DR 375-37-05690 HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014-4648891 TANTAUS AVE 375-38-04491 LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014-4601947 TANTAUS AVE 375-38-05192 JAN, SEAWAY AND HUNG , CHIA YING604 MILLER AVE CUPERTINO CA 95014-4640604 MILLER AVE 375-42-01693 KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014-4654605 PHIL CT 375-42-01794

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CITY OF CUPERTINO
Agenda Item
25-14465 Agenda Date: 12/2/2025
Agenda #: 7.

Subject: Receive the Monthly Treasurer's Report for October 2025 Receive the Monthly Treasurer's Report for October 2025 CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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ADMINISTRATIVE SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
1 CITY COUNCIL STAFF REPORT
Date: December 2, 2025

Subject
Receive the Monthly Treasurer's Report for October 2025

Recommended Action
Receive the Monthly Treasurer's Report for October 2025

Reasons for Recommendation
Background
California Government Code Section 41004 states:

Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances.

The city treasurer shall file a copy with the legislative body.

The City's Municipal Code Section 2.24.030 Monthly Reports states:

The Treasurer shall make monthly reports which conform to the requirements of Government Code Section 41004. Said reports shall be delivered to the City Council, the City Manager and made available for review by such other persons who may so request.

The Treasurer's Report (report and accounting of all receipts, disbursements, and fund balances) is made available to City Council in compliance with the aforementioned requirements.

Cash vs. Accrual Basis Accounting
Cash basis accounting and accrual basis accounting differ in the way revenues and expenses are recognized and recorded, primarily with regard to their timing.

Under cash basis accounting, revenues are recorded when payment is received, and expenses are recorded when payment is made. This method of accounting recognizes transactions only when cash changes hands. In contrast, accrual basis accounting 80 CC 12-02-2025
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2 recognizes revenues when they are earned (but not necessarily receiv ed) and expenses when they are incurred (but not necessarily paid). This method of accounting recognizes transactions as they occur, regardless of whether cash has been exchanged.

Receipts, disbursements, and cash balance are measured on a cash basis. The cash balance shows the total cash and investments in the City 's accounts. The ending balance is the beginning balance plus receipts minus disbursements . Journal adjustments generally include transactions recorded in other systems and imported into New World, Council- approved budget adjustments, quarterly Cost Allocation Plan (CAP) charges, and quarterly interest earnings.

Revenues, expenditures, and fund balance are measured on an accrual basis. As a result, the amount in fund balance does not mean the City has that much cash on hand. Instead, fund balance is the difference between assets and liabilities. The ending balance is the beginning balance plus revenues minus expenditures.

Treasurer's Report
The report provides an update on the City's cash and fund balances for October 2025. The report is as of November 21, 2025.

Note: Beginning balances have been updated to account for any final adjustments made as part of the month -end close that could not be completed before the prior report’s preparation. These adjustments were necessary due to time constraints associated with completing the month-end close process and generating the report.

Receipts, Disbursements, and Cash Balance
The City's General Fund ending cash and investment balance was $ 189.3 million, increasing by $0.9 million from the prior month. Receipts were $6.3 million, disbursements were $(6.4) million, and journal adjustments were $1.0 million for the month.

The City's total ending cash and investment balance was $301.1 million, increasing by $0.9 million from the prior month . Receipts were $ 7.3 million, disbursements were $(8.1) million, and journal adjustments were $1.7 million for the month.

Journal adjustments included the following:
 Parks and Recreation transactions imported from Active Network into New World
 Position Allocation journal correction
 CAP journal
 Worker’s Compensation journals
 Principal account transfer for investment
 Returned checks

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3 Fund Balance/Net Position
The City's General Fund ending fund balance was $ 132.4 million, decreasing by $ 2.1 million from the prior month due to revenues of $5.4 million and expenditures of $ 7.5 million.

The City's total ending fund balance was $233.8 million, decreasing by $1.3 million from the prior month due to revenues of $7.9 million and expenditures of $9.1 million.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Not applicable.
_____________________________________

Prepared by: __________________
Jonathan Orozco
Finance Manager

Reviewed by: __________________
Kristina Alfaro
Director of Administrative Services

Approved for Submission by: __________________
Tina Kapoor
City Manager

Attachments:

A – Report of City-wide Receipts, Disbursements, and Cash Balances October 2025 B – Report of City‐wide Fund Balances/Net Position October 2025

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October 2025 Report of City‐wide Receipts, Disbursements, and Cash Balances Cash and Investments (Unaudited)
Beginning Balance   Ending Balance
Fund Type Fund Number/Name as of September 30, 2025 Receipts Disbursements Journal  Adjustments as  of October 31, 2025 General Fund 100  General Fund 188,342,583                                     6,272,300                (6,374,656)                 1,014,869                             189,255,095 General Fund 130  Investment Fund 0                                                        ‐                               ‐                                 270,869                                270,869 Special Revenue Funds 210  Storm Drain Improvement 149,735                                            ‐                               ‐                                 425                                       150,160 Special Revenue Funds 215  Storm Drain AB1600 2,276,401                                         7,313                       ‐                                 6,467                                    2,290,182 Special Revenue Funds 230  Env Mgmt Cln Crk Strm Drain 723,625                                            4,233                       (107,519)                    2,508                                    622,847 Special Revenue Funds 260  CDBG 579,627                                            662                          (10,194)                      2,301                                    572,397 Special Revenue Funds 261  HCD Loan Rehab 230,372                                            ‐                               ‐                                 ‐                                           230,372 Special Revenue Funds 265  BMR Housing 5,019,710                                         ‐                               (21,283)                      14,274                                  5,012,701 Special Revenue Funds 270  Transportation Fund 14,461,675                                       713,129                   (451,402)                    42,017                                  14,765,420 Special Revenue Funds 271  Traffic  Impact 914,446                                             ‐                               ‐                                 2,598                                    917,044 Special Revenue Funds 280  Park Dedication 20,904,375                                       30,000                     (15,064)                      59,389                                  20,978,699 Special Revenue Funds 281  Tree Fund 72,379                                              2,052                       ‐                                 206                                       74,636 Debt Service Funds 365  Public Facilities Corp 2,676,600                                         ‐                               ‐                                 ‐                                           2,676,600 Capital Project Funds 420  Capital Improvement Fund 35,138,287                                       ‐                               (34,928)                      ‐                                           35,103,359 Capital Project Funds 427  Stevens Creek Corridor Park 157,338                                            ‐                               ‐                                 ‐                                           157,338 Capital Project Funds 429  Capital Reserve* 6,997,566                                         ‐                               ‐                                 ‐                                           6,997,566 Enterprise Funds 520  Resource Recovery 5,095,977                                         152,678                   (173,832)                    14,800                                  5,089,623 Enterprise Funds 560  Blackberry Farm 960,386                                            ‐                               (66,473)                      66,278                                  960,192 Enterprise Funds 570  Sports Center 1,751,902                                         66,383                     (128,737)                    78,300                                  1,767,849 Enterprise Funds 580  Recreation Program 3,211,216                                         19,869                     (51,409)                      70,969                                  3,250,645 Internal Service Funds 610  Innovation & Technology 3,331,219                                         ‐                               (287,551)                    7,252                                    3,050,920 Internal Service Funds 620  Workersʹ  Compensation 3,863,303                                          ‐                               (7,565)                        1,732                                    3,857,470 Internal Service Funds 630  Vehicle/Equip Replacement 1,384,771                                         ‐                               (209,048)                    2,995                                    1,178,719 Internal Service Funds 641  Compensated Absence/LTD 476,172                                            ‐                               8,778                          1,361                                    486,311 Internal Service Funds 642  Retiree Medical 1,502,748                                         ‐                               (149,821)                    4,280                                    1,357,206 Total 300,222,411$                                   7,268,619$              (8,080,701)$               1,663,891$                           301,074,221$ * For reporting purposes, this fund rolls up/combines with Fund 420 Printed November 21, 2025
For more information on funds, please see cupertino.org/fund‐structure 83 CC 12-02-2025
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October 2025 Report of City‐wide Fund Balances/Net Position (Unaudited)
Beginning Fund Balance Ending Fund Balance
Fund Type Fund Number/Name as of September 30, 2025 Revenues Expenditures as of October 31, 2025 General Fund 100  General Fund 134,577,866                                       5,410,864                            7,542,821                            132,445,909 General Fund 130  Investment Fund 229,425                                              270,869                                ‐                                            500,294 Special Revenue Funds 210  Storm Drain Improvement 2,124,067                                           425                                       ‐                                            2,124,493 Special Revenue Funds 215  Storm Drain AB1600 1,892,467                                           13,780                                  ‐                                            1,906,247 Special Revenue Funds 230  Env  Mgmt Cln Crk Strm Drain 991,730                                              6,741                                    124,675                                873,796 Special Revenue Funds 260  CDBG 1,696,001                                           2,425                                    11,814                                  1,686,611 Special Revenue Funds 261  HCD Loan Rehab 222,016                                              ‐                                            ‐                                            222,016 Special Revenue Funds 265  BMR Housing 9,584,289                                           14,274                                  23,309                                  9,575,254 Special Revenue Funds 270  Transportation Fund 11,772,248                                         1,294,136                            202,539                                12,863,845 Special Revenue Funds 271  Traffic Impact 775,809                                              2,598                                    ‐                                            778,407 Special Revenue Funds 280  Park Dedication 18,773,208                                         89,389                                  15,064                                  18,847,533 Special Revenue Funds 281  Tree Fund 79,724                                                2,258                                    ‐                                            81,982 Debt Service Funds 365  Public Facilities Corp 1,750                                                  ‐                                            ‐                                            1,750 Capital Project Funds 420  Capital Improvement Fund 20,574,114                                         125,790                                34,928                                  20,664,976 Capital Project Funds 427  Stevens Creek Corridor Park 157,343                                              ‐                                            ‐                                            157,343 Capital Project Funds 429  Capital Reserve* 13,744,638                                         ‐                                            ‐                                            13,744,638 Enterprise Funds 520  Resource Recovery 4,705,440                                           167,479                                193,561                                4,679,357 Enterprise Funds 560  Blackberry  Farm 720,490                                              69,199                                  72,218                                  717,471 Enterprise Funds 570  Sports Center 1,723,307                                           151,385                                139,608                                1,735,083 Enterprise Funds 580  Recreation Program 2,943,933                                           190,646                                64,372                                  3,070,207 Internal Service Funds 610  Innovation & Technology 2,404,490                                           7,252                                    326,604                                2,085,137 Internal Service Funds 620  Workersʹ Compensation 2,286,820                                           10,947                                  17,814                                  2,279,953 Internal Service Funds 630  Vehicle/Equip Replacement 2,766,834                                           2,995                                    219,879                                2,549,951 Internal Service Funds 641  Compensated Absence/LTD 475,433                                              18,240                                  8,101                                    485,573 Internal Service Funds
642  Retiree Medical (140,716)                                             4,280                                    149,821                                (286,258) Total 235,082,727$                                     7,855,972$                         9,147,129$                         233,791,570$ * For reporting purposes, this fund rolls up/combines with Fund 420 Printed November 21, 2025
For more information on funds, please see cupertino.org/fund‐structure 84 CC 12-02-2025
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CITY OF CUPERTINO
Agenda Item
25-14507 Agenda Date: 12/2/2025
Agenda #: 8.

Subject: Receive the Monthly Treasurer's Investment Report for October 2025 Receive the Monthly Treasurer's Investment Report for October 2025 CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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ADMINISTRATIVE SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
1 CITY COUNCIL STAFF REPORT
Date: December 2, 2025

Subject
Receive the Monthly Treasurer's Investment Report for October 2025

Recommended Action
Receive the Monthly Treasurer's Investment Report for October 2025

Reasons for Recommendation
The Monthly Investment Report is a routine report provided to City Council and is provided as Attachment A with this report.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program Item/Description
None.

Council Goal
Fiscal Strategy

California Environmental Quality Act
Not applicable.
_____________________________________

Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Tina Kapoor, City Manager

Attachments:

A – Chandler Investment Report Oct 2025
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INVESTMENT REPORT
City of Cupertino | As of October 31, 2025
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement. 87 CC 12-02-2025
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TABLE OF CONTENTS
City of Cupertino | As of October 31, 2025

ECONOMIC UPDATE

ACCOUNT PROFILE

PORTFOLIO HOLDINGS

TRANSACTIONS
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ECONOMIC UPDATE
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


ECONOMIC UPDATE
The Federal Reserve lowered the Federal Funds Rate by a quarter percentage point to the range of 3.75-4.00% at the October Federal Open Market Committee meeting. While the move was in line with market expectations there were 2 dissenters, with Federal Reserve Governor Stephen Miran calling for a larger 50 basis point cut and Kansas City Federal Reserve President Jeffrey Schmid calling for no cut. Chair Jerome Powell referenced the weakening labor market despite some inflationary pressures and moderate economic growth.

The Federal Governmentshutdown that began on October 1st has halted the release of key economic data as agencies remain closed. At the same time, heightened trade policy uncertainty has added to market volatility. Core levels of inflation remain above the Federal Reserve’s target, while tariffs continue to cloud forecasts. Signs of a softer labor market are emerging, prompting expectations that the Fed will m
ove cautiously toward policy normalization. Given the economic outlook, we expect gradual normalization of monetary policy and a steepening yield curve.

The US Treasury yield curve flattened in October, as the 2-year Treasury yield declined 3 basis points to 3.58%, the 5-year Treasury also down 5 basis points to 3.69%, and the 10-year Treasury yield declined 14 basis points to 4.08%. The spread between the 2-year and 10-year Treasury yield points on the curve decreased to +50 basis points at October month-endversus +54 basis points at September month-end.

The spread between the 2-year Treasury and 10-year Treasury yield one year ago was +11 basis points. The spread between the 3-month and 10-year Treasury yield points on the curve was +26 basis points in October versus +21 basis points in September. 3 90
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-400
-200
0 200
400
600
800
1,000MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
Source: US Department of Labor Source: US Department of Labor

EMPLOYMENT
The U.S. economy added just 22,000 jobs in August, falling short of consensus expectations and punctuating the softening trend in the labor market. The three-month moving average and six-month moving average payrolls totaled 29,000 and 64,000 respectively. The unemploymentrate rose to 4.3% in August from 4.2% in July. The labor participation rate inched up to 62.3%, remaining below the pre- pandemic level of 63.3%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons jumped to 8.1% in August from 7.9% in July. Average hourly earnings fell to 3.7% year-over-year from 3.9% last month.
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0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average
In Thousands (000's)
Source: US Department of Labor

JOB OPENINGS & LABOR TURNOVER SURVEY
The Labor Department’s Job Openings and Labor TurnoverSurvey (JOLTS) showed a modest increase to 7.227 million new job openings in August from 7.2 million in July. The quits rate and layoffs remained relatively stable. Job openings indicate a ratio of approximately 1 job for each unemployed individual, representing a relatively balanced labor market. 5 92
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0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Cor e Deflator Y OY % Change
Fed Target
YOY (%) Change
Source: US Department of Labor Source: US Department of Commerce

INFLATION
Despite the Federal Governmentshutdown, the Bureau of Labor Statistics released the Consumer Price Index (CPI) data for Septemberon October 24th. Both headline and core measures came in below estimates. Headline CPI edged up 0.3% from August and 3.0% on an annual basis, while core CPI was up 0.2% from the prior month and 3.0% on an annual basis. The release was essential as third-quarter CPI data is used by the Social Security Administration to calculate the annual COLA, i.e. the cost-of-living adjustment. Other US Government data releases continue to be impacted by the shutdown. 6 93
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0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
Retail Sales YOY % Change
YOY (%) Change
0 20
40 60
80 100
120
140
160
Index Level
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09)

CONSUMER
Advance Retail Sales showed continued strength jumping 0.6% in August as July data was also revised up to 0.6% month-over-month.The increase elevated retail sales to 5.0% on an annual basis after jumping 4.1% year-over-year in July. Back-to-school shopping was a likely catalyst as online shopping, clothing, and sporting goods saw some of the largest increases. Control group sales, which feed into GDP, also jumped 0.74% in August from the prior month. The Conference Board’s Consumer Confidence Index declined by 1.0 point to 94.6 in October from an upwardly revised 95.6 in September, the lowest measure since April 2025. Measures of current conditions improved, including improving views on current job availability, while expectations weakened somewhat. Consumers have remained resilient, but rising debt burdens, higher delinquency rates, lingering inflation worries, and emerging signs of lab or marke t cooling could weigh on future spending.
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-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25

0.00 0.25

0.50 0.75

1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
Source: The Conference Board Source: Federal Reserve Bank of Chicago

LEADING INDICATORS OF ECONOMIC ACTIVITY
The Conference Board’s Leading Economic Index (LEI) fell by 0.5% in August, following a 0.1% increase in July. The LEI decreased by 3.6% year-over-year. The Conference Board is expecting economic growth to slow in the second half of 2025 due to consumer pessimism, soft manufacturing new orders, and negative impacts from tariffs. The Chicago Fed National Activity Index (CFNAI) came in at -0.12% in August after a downwardly revised -0.28 in July, indicating that economic momentum remained below its historical trend for the fifth consecutive month. The three-month moving average shows a similar trend at -0.18 in August from -0.20 in the prior month signaling ongoing below-trend growth in national economic activity. 8 95
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0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change

HOUSING
Housing starts dropped 8.5% in August to 1.307 million units, marking a pullback amid elevated inventory levels and a softening labor market. Single-family starts fell 7.0% in August to 890,000 units, hitting their lowest level since July 2024. The S&P Cotality Case-Shiller 20-City Home Price Index fell 0.6% month-over-monthin August and posted a 1.6% annual gain, the slowest increase in more than two years. Most major metros saw broad declines causing homeowners to face real wealth decline, while those same high price and mortgage rates continue to weigh on affordability for new buyers. The Freddie Mac 30-year fixed mortgage rate continued recent declines to 6.2% as of October.
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40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services

EXPANDING

CONTRACTING
Source: Institute for Supply Management

SURVEY BASED MEASURES
Manufacturing activity contracted at a slightly slower rate as the Institute for Supply Management (ISM) Manufacturing Index edged up to

49.1 in September, from 48.7 in August yet remaining below the expansion threshold, signaling the seventh consecutive month of contraction in the manufacturing sector. Productiongrowth factored into the gain, although drops in new orders and inventories offset the increase. The ISM Services Index fell to 50.0 in September from 52.0 in August, which is the breakeven point between expansion and contraction. The 2.0-point decline generally indicated moderate to weak growth, with only isolated reports of supplier delivery delays.

Employment remained in contraction territory, reflecting delayed hiring plans and ongoing challenges in finding qualified workers. 10 97
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Components of GDP 9/24 12/24 3/25 6/25

2.7% 2.6% 0.4% 1.7%

0.2% -1.3% 3.8% -2.7%
-0.4% -0.1% -4.7% 4.8%

0.5% 0.3% -0.4% -0.4%

0.4% 0.3% 0.2% 0.3%

3.4% 1.9% -0.6% 3.8%
State and Local (Consumption and Gross
Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-40.0%
-30.0%
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce

GROSS DOMESTIC PRODUCT (GDP)
In a sharp reboundfrom the first quarter, real GDP increased at an annualized rate of 3.8% in the second quarter of 2025 according to the final data revision from the Bureau of Economic Analysis. The increase in real GDP in the second quarter was driven by the drop in imports following the significant rise in the first quarter in anticipation of higher tariffs and an increase in consumer spending. The consensus projection calls for 1.7% growth for the third quarter and 1.8% for the full year 2025. 11 98
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Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions

FEDERAL RESERVE

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Effective Federal Funds Rate
Recession
Yield (%)
The Federal Reserve lowered its benchmark interest rate by a quarter point to a range of 3.75% to 4.00%% at its October meeting. There were two dissents to the rate decision, one from Federal Reserve Governor Stephen Miran in favor of a 50-basis point cut and the second from Kansas City Federal Reserve President Jeffrey Schmid who preferred to leave rates unchanged. Chair Jerome Powell referenced the weakening labor market despite some inflationary pressures and moderate economic growth. The Fed also announced the balance-sheet runoff program begun in June 2022 would conclude as of December 1, 2025. The Fed plans to replace Mortgage Backed securities paydowns with purchases of US Treasury Bills. Since the campaign launched, the Fed has reduced its securities holdings by about $2.35 trillion, bringing the total down to roughly $6.6 trillion. 12 99
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Source: Bloomberg Source: Bloomberg

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Yield Curve
Oct-25
Jul-25
Oct-24
Yield (%)

BOND YIELDS
At the end of October, the 2-year Treasury yield was 60 basis points lower, and the 10-Year Treasury yield was 21 basis points lower, year- over-year. The spread between the 2-year and 10-year Treasury yield points on the curve decreased to +50 basis points at October month- end versus +54 basis points at September month-end. The prior 2-year/10-year yield curve inversion, which spanned from July 2022 to August 2024, was historically long. The average historical spread (since 2005) is about +99 basis points. The spread between the 3-month and 10-year Treasury yield points on the curve was +26 basis points in October versus +21 basis points in September. 13 100
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ACCOUNT PROFILE
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OBJECTIVES
City of Cupertino | As of October 31, 2025
Investment Objectives
The City of Cupertino's investment objectives, in order of priority, are to provide safety to ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash needs and a market rate of return consistent with the investment program.

Chandler Asset Management Performance Objective
The performance objective for the portfolio is to earn a total rate of return through a market cycle that is equal to or above the return on the benchmark index.

Strategy
In order to achieve these objectives, the portfolio invests in high quality fixed incomes securities consistent with the investment policy and California Government Code. 15 102
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of October 31, 2025 Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 100.0 10.8 Compliant
Max % Issuer (MV; Agencies & Agency CMOs) 25.0 2.6 Compliant Max Maturity (Years) 5.0 4.5 Compliant

ASSET-BACKED SECURITIES (ABS)
Max % (MV; Non Agency ABS & MBS) 20.0 8.0 Compliant
Max % Issuer (MV) 5.0 0.8 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CERTIFICATE OF DEPOSIT PLACEMENT SERVICE
(CDARS)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COLLATERALIZED TIME DEPOSITS (NON-

NEGOTIABLE CD/TD)
Max % (MV; FDIC & Collateralized CD/TD) 30.0 0.0 Compliant Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COMMERCIAL PAPER
Max % (MV) 25.0 0.0 Compliant
Max
% Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of October 31, 2025 Rules Name Limit Actual Compliance
Status Notes
Max % (MV) 30.0 26.0 Compliant
Max % Issuer (MV) 5.0 1.4 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV; FDIC & Collateralized CD/TD) 30.0 0.0 Compliant Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant

FEDERAL AGENCIES
Max % (MV) 100.0 3.5 Compliant
Max % Issuer (MV; Agencies & Agency CMOs) 25.0 2.6 Compliant Max Callables (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 2 Compliant

LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant

MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 1.9 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

MORTGAGE -BACKED SECURITIES (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30. 0 0.9 Compliant
Max % Issuer (MV) 5.0 0.9 Compliant
Max Maturity (Years) 5 3 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, OTHER STATES)
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of October 31, 2025 Rules Name Limit Actual Compliance
Status Notes
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit) 0.0 0.0 Compliant

REPURCHASE AGREEMENTS
Max % (MV) 10.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 1.0 0.0 Compliant

SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 2.9 Compliant
Max % Issuer (MV) 10.0 1.7 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 46.0 Compliant
Max Maturity (Years) 5 4 Compliant
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PORTFOLIO SUMMARY
Sector Allocation
Performance Review
Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (02/01/19)
City of Cupertino 0.31% 1.66% 5.25% 5.66% 5.92% 5.13% 1.60% -- 2.34% Benchmark Return 0.37% 1.66% 4.96% 5.28% 5.26% 4.66% 1.25% -- 2.09% City of Cupertino | Account #10659 | As of October 31, 2025 Portfolio Characteristics Account Summary
Maturity Distribution
Top Issuers
Credit Quality*
Average Modified Duration 2.60
Average Coupon 3.58%
Average Purchase YTM 3.81%
Average Market YTM 3.85%
Average Credit Quality* AA+
Average Final Maturity 3.04
Average Life 2.85
End Values as
of 09/30/2025
End Values as
of 10/31/2025
Market Value 204,001,801.31 204,271,199.79
Accrued Interest 1,106,379.00 1,462,124.01
Total Market Value 205,108,180.31 205,733,323.80
Income Earned 850,946.46 589,844.20
Cont/WD 27,800,000.00 0.00
Par 204,299,921.15 204,416,276.67
Book Value 202,688,318.55 202,969,256.23
Cost Value 202,164,869.60 202,435,834.11
United States 46.02%
FHLMC 10.76%
Farm Credit System 2.59%
Wells Fargo & Company 1.86%
International Bank for Recon and Dev 1.71%
Morgan Stanley 1.69%
UnitedHealth Group Incorporated 1.44%
Toyota Motor Corporation 1.39%
*The average credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. **Periods over 1 year are annualized.

Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index 19 106
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HISTORICAL AVERAGE PURCHASE YIELD
City of Cupertino | Account #10659 | As of October 31, 2025 Purchase Yield as of 10/31/25 = 3.81%
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PORTFOLIO HOLDINGS
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ISSUERS
City of Cupertino | Account #10659 | As of October 31, 2025 Issuer Investment Type % Portfolio
United States US Treasury 46.02%
FHLMC Agency CMBS 10.76%
Farm Credit System Agency 2.59%
Wells Fargo & Company Money Mkt Fd 1.86%
International Bank for Recon and Dev Supras 1.71%
Morgan Stanley Corporate 1.69%
UnitedHealth Group Incorporated Corporate 1.44%
Toyota Motor Corporation Corporate 1.39%
Guardian Life Global Funding Corporate 1.32%
The Home Depot, Inc. Corporate 1.29%
Inter-American Development Bank Supras 1.19%
New York Life Insurance Company Corporate 1.18%
Caterpillar Inc. Corporate 1.10%
Royal Bank of Canada Corporate 1.01%
Massachusetts Mutual Life Insurance Corporate 0.97%
Federal Home Loan Banks Agency 0.93%
Simon Property Group, Inc. Corporate 0.91%
Amazon.com, Inc. Corporate 0.90%
Chubb Limited Corporate 0.87%
State of California Muni Bonds 0.87%
American Honda Finance Corporation Corporate 0.86%
Chase Issuance Trust ABS 0.83%
Bank of America Credit Card Trust ABS 0.81%
Berkshire Hathaway Inc. Corporate 0.77%
PepsiCo, Inc. Corporate 0.75%
Citigroup Inc ABS 0.74%
Prologis, Inc. Corporate 0.74%
Bank of America Corporation Corporate 0.74%
JPMorgan Chase & Co. Corporate 0.74%
The P
rogressive Corporation Corporate 0.74%
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ISSUERS
City of Cupertino | Account #10659 | As of October 31, 2025 Issuer Investment Type % Portfolio
Realty Income Corporation Corporate 0.71%
Deere & Company Corporate 0.71%
American Express Credit Master Trust ABS 0.70%
Marsh & McLennan Companies, Inc. Corporate 0.70%
WF Card Issuance Trust ABS 0.68%
GM Financial Securitized Term ABS 0.62%
Honda Auto Receivables Owner Trust ABS 0.59%
Cargill, Incorporated Corporate 0.54%
Metropolitan Life Global Funding I Corporate 0.53%
Bmw Vehicle Lease Trust 2025-2 ABS 0.51%
Mercedes-Benz Auto Lease Trust 2025- ABS 0.51%
National Rural Utilities Cooperative Corporate 0.50%
The Goldman Sachs Group, Inc. Corporate 0.50%
Northwestern Mutual Global Funding Corporate 0.50%
Mastercard Incorporated Corporate 0.47%
Toyota Auto Receivables Owner Trust ABS 0.47%
The Charles Schwab Corporation Corporate 0.46%
Meta Platforms, Inc. Corporate 0.45%
John Deere Owner Trust ABS 0.45%
Mercedes-Benz Auto Receivables Trust ABS 0.42%
Met Tower Global Funding Corporate 0.37%
BMW Vehicle Owner Trust ABS 0.34%
Hyundai Auto Lease Securitization Tr ABS 0.30%
Walmart Inc. Corporate 0.17%
Cash Cash 0.03%
WC MMF Sweep Money Mkt Fd 0.03%
TOTAL 100.00%
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
47800AAC4 JDOT 2022-B A3 3.74 02/16/2027 113,699.04 07/12/2022

3.77%
113,688.18
113,696.07

99.89 4.36%
113,576.01
188.99

0.06%
(120.05)
Aaa/NA
AAA

1.30 0.18
362585AC5 GMCAR 2022-2 A3 3.1
02/16/2027 20,790.31 04/05/2022

3.13%
20,785.96
20,789.23

99.91 4.45%
20,772.59

26.85 0.01%
(16.64)
Aaa/AAA
NA

1.30 0.06
44934FAD7 HALST 2024-B A3 5.41 05/17/2027 610,000.00 05/14/2024

5.41%
609,983.04
609,991.25
100.57

4.28%
613,463.58
1,466.71

0.30%
3,472.33
NA/AAA
AAA

1.54 0.48
47800BAC2 JDOT 2022-C A3 5.09 06/15/2027 296,956.75 10/12/2022

5.15%
296,933.71
296,948.84
100.30

4.12%
297,841.68
671.78

0.15%
892.84
Aaa/NA
AAA

1.62 0.29
89231FAD2 TAOT 2023-C A3 5.16 04/17/2028 957,196.43 11/21/2023

5.65%
953,307.82
955,022.10
100.58

4.15%
962,705.10
2,195.17

0.47%
7,682.99
NA/AAA
AAA

2.46 0.54
438123AC5 HAROT 2023-4 A3 5.67
06/21/2028 657,402.63 --

5.64%
659,029.94
65 8,193.79
101.06

4.15%
664,377.67
1,035.41

0.33%
6,183.88
Aaa/NA
AAA

2.64 0.65
05594HAD5 BMWLT 2025-2 A3 3.97
09/25/2028 1,050,000.00 10/08/2025

4.32%
1,049,997.06
1,049,997.11

99.94 4.04%
1,049,370.00
1,852.67

0.51%
(627.11)
NA/AAA
AAA

2.90 1.67
58769FAC9 MBART 2023-2 A3 5.95
11/15/2028 852,152.41 11/29/2023

3.88%
870,194.07
861,505.11
101.18

4. 15%
862,183.95
2,253.47

0.42%
678.84
NA/AAA
AAA

3.04 0.63
05522RDH8 BACCT 2023-2 A 4.98 11/16/2026 850,000.00 01/24/2024

4.58%
858,798.83
853,261.80
101.02

4.00%
858,664.05
1,881.33

0.42%
5,402.25
Aaa/NA
AAA

1.04 0.99
47800RAD5 JDOT 2024 A3 4.96 11/15/2028 500,000.00 03/25/2024

5.13%
499,765.63
499,846.43
100.78

4.05%
503,912.50
1,102.22

0.25%
4,066.07
Aaa/NA
AAA

3.04 0.81
437930AC4 HAROT 2024-2 A3 5.27
11/20/2028 535,000.00 05/14/2024

5.27%
534,935.00
534,955.92
101.08

4.07%
540,786.03
1,018.13

0.26%
5,830.11
NA/AAA
AAA

3.05 0.86
36268GAD7 GMCAR 2024-1 A3 4.85
12/18/2028 1,233,637.14 --

4.97%
1,231,680.89
1,232,322.03
100.53

4.14%
1,240,149.51
2,492.98

0.61%
7,827.48
Aaa/NA
AAA

3.13 0.70
161571HV9 CHAIT 241 A 4.6 01/16/2029 1,690,000.00 01/24/2024

4. 61%
1,689,742.61
1,689,833.52
100.83

3.93%
1,703,945.88
3,455.11

0.83%
14,112.36
NA/AAA
AAA

3.21 1.14
096919AD7 BMWOT 2024-A A3 5.18
02/26/2029 695,000.00 06/04/2024

5.18%
694,894.43
694,925.59
100.94

4.09%
701,544.12
600.02

0.34%
6,618.53
Aaa/AAA
NA

3.32 0.82
58770XAD5 MBALT 2025-B A3 3.88
04/16/2029 1,045,000.00 10/16/2025

4.57%
1,044,828.52
1,044,829.87

99.63 4.11%
1,041,147.09
1,013.65

0.51%
(3,682.78)
NA/AAA
AAA

3.46 1.91
05522RDJ4 BACCT 2024-1 A 4.93 05/15/2029 785,000.00 06/06/2024

4.93%
784,955.96
784,968.48
101.52

3.94%
796,904.53
1,720.02

0.39%
11,936.05
Aaa/AAA
NA

3.54 1.45
24 111
CC 12-02-2025
111 of 273

HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
02582JKP4 AMXCA 2025-2 A 4.28 04/15/2030 1,420,000.00 05/06/2025

4.28%
1,419,974.30
1,419,976.76
100.98

3.89%
1,433,950.08
2,701.16

0.70%
13,973.32
NA/AAA
AAA

4.45 2.28
92970QAJ4 WFCIT 2025-1 A 4.34 05/15/2030 1,365,000.00 06/03/2025

4.33%
1,364,977.34
1,364,979.15
101.14

3.90%
1,380,524.15
2,632.93

0.68%
15,544.99
NA/AAA
AAA

4.54 2.35
17305EHA6 CCCIT 2025-A1 A1 4.3 06/21/2030 1,500,000.00 10/09/2025

3.90%
1,515,000.00
1,514,664.97
101.01

3.89%
1,515,157.50
22,395.83

0.74%
492.53
Aaa/AAA
NA

4.64 2.43
16,213,473.29 100.77 16,300,976.00 7.98% 3.27
Total ABS 16,176,834.70 4.67% 16,200,708.01 4.03% 50,704.44 100,267.99 1.36 AGENCY
3130B0TY5 FEDERAL HOME LOAN BANKS 4.75
04/09/2027 1,875,000.00 04/10/2024

4.85%
1,870,050.00
1,872,626.90
101.67

3.55%
1,906,218.75
5,442.71

0.93%
33,591.85
Aa1/AA+
AA+

1.44 1.37
3133ERDS7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 05/06/2027 2,400,000.00 06/20/2024

4.55%
2,412,552.00
2,406,593.09
101.57

3.67%
2,437,593.60
55,416.67

1.19%
31,000.51
Aa1/AA+
AA+

1.51 1.
41 3133EPC60 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.625 11/15/2027 2,800,000.00 11/09/2023

4.73%
2,789,612.00
2,794,710.01
101.85

3.67%
2,851,909.20
59,713.89

1.40%
57,199.19
Aa1/AA+
AA+

2.04 1.89
7,072,214.00 101.71 7,195,721.55 3.52% 1.70
Total Agency 7,075,000.00 4.70% 7,073,930.00 3.64%
12 0,573.26 121,791.55 1.59

AGENCY CMBS
3137BSP72 FHMS K-058 A2 2.653 08/25/2026 650,000.00 11/12/2021

1.36%
687,451.17
655,951.20

98.85 3.97%
642,538.00
1,437.04

0.31%
(13,413.20)
Aa1/AA+
AAA

0.82 0.75
3137FBBX3 FHMS K-068 A2 3.244 08/25/2027 1,000,000.00 09/28/2022

4.36%
950,664.06
982,146.16

98.85 3.83%
988,452.00
2,703.33

0.48%
6,305.84
Aaa/AA+
AA+

1.82 1.67
3137FKUP9 FHMS K-087 A2 3.771 12/25/2028 2,000,000.00 07/01/2024

4.86%
1,913,359.38
1,939,405.38

99.55 3.87%
1,991,060.00
6,285.00

0.97%
51,654.62
Aa1/AAA
AA+

3.15 2.79
3137FL6P4 FHMS K-089 A2 3.563 01/25/2029 1,288,000.00 07/03/2024

4.70%
1,228,178.44
1,245,719.28

98.87 3.89%
1,273,448.18
3,824.29

0.62%
27,728.90
Aa1/AA+
AA+

3.24 2.96
3137H5YC5 FHMS K-748 A2 2.26 01/25/2029 2,000,000.00 07/03/2024

4.74%
1,801,718.75
1,859,858.64

95.01 3.93%
1,900,238.00
3,766.67

0.93%
40,379.36
Aa1/AA+
AAA

3.24 2.97
3137FKZZ2 FHM
S K-088 A2 3.69 01/25/2029 2,550,000.00 07/17/2024

4.50%
2,465,830.08
2,490,034.11

99.28 3.88%
2,531,726.70
7,841.25

1.24%
41,692.59
Aaa/AA+
AA+

3.24 2.92
25 112
CC 12-02-2025
112 of 273

HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3137FLN91 FHMS K-091 A2 3.505 03/25/2029 2,500,000.00 03/20/2025

4.25%
2,431,738.28
2,442,236.43

98.84 3.84%
2,470,940.00
7,302.08

1.21%
28,703.57
Aa1/AAA
AA+

3.40 3.05
3137FMCR1 FHMS K-093 A2 2.982 05/25/2029 1,976,444.72 09/19/2024

3.82%
1,906,805.93
1,923,510.95

97.04 3.90%
1,917,880.69
4,911.47

0.94%
(5,630.26)
Aa1/AA+
AAA

3.56 3.11
3137FNAE0 FHMS K-095 A2 2.785 06/25/2029 2,200,000.00 07/17/2024

4.47%
2,039,382.82
2,081,907.10

96.21 3.91%
2,116,664.00
5,105.83

1.04%
34,756.90
Aa1/AA+
AAA

3.65 3.30
3137FPHK4 FHMS K-098 A2 2.425 08/25/2029 1,600,000.00 09/03/2024

4.00%
1,488,375.00
1,514,628.70

94.75 3.93%
1,516,009.60
3,233.33

0.74%
1,380.90
Aa1/AA+
AAA

3.82 3.48
3137FPJG1 FHMS K-099 A2 2.595 09/25/2029 1,500,000.00 06/05/2025

4.21%
1,407,011.72
1,415,684.20

95.22 3.94%
1,428,363.00
3,243.75

0.70%
12,678.80
Aa1/AA+
AAA

3.90 3.54
3137FRUT6 FHMS K-106 A2 2.069 01/25/2030 2,000,000.00 06/06/2025

4.37%
1,810,078.13
1,826,389.74

92.70 3.96%
1,853,934.00
3,448.33

0.91%
27 ,544.26
Aa1/AA+
AAA

4.24 3.94
3137FTZQ3 FHMS K-110 A2 1.477 04/25/2030 1,500,000.00 09/03/2025

3.96%
1,348,652.34
1,353,557.97

90.17 3.97%
1,352,577.00
1,846.25

0.66%
(980.97)
Aa1/AA+
AAA

4.48 4.10
21,479,246.10 96.65 21,983,831.16 10.76% 3.42
Total Agency CMBS 22,764,444.72 4.28%
21 ,731,029.85 3.90% 54,948.63 252,801.31 3.10
CASH
CCYUSD Receivable 62,359.47 -- 62,359.47
62,359.47

1.00 0.00%
62,359.47

0.00 0.03%

0.00 Aaa/AAA
AAA

0.00 0.00
62,359.47 1.00 62,359.47 0.03% 0.00
Total Cash 62,359.47 62,359.47 0.00% 0.00 0.00 0.00

CORPORATE
023135BX3 AMAZON.COM INC 1.0
05/12/2026 1,875,000.00 05/10/2021

1.09%
1,866,900.00
1,874,148.30

98.49 3.92%
1,846,773.75
8,802.08

0.90%
(27,374.55)
A1/AA
AA-

0.53 0.51
91324PEC2 UNITEDHEALTH GROUP INC 1.15
05/15/2026 1,035,000.00 --

1.37%
1,025,051.35
1,033,778.33

98.49 4.04%
1,019,382.89
5,488.37

0.50%
(14,395.44)
A2/A+
A

0.54 0.52
89236TJK2 TOYOTA MOTOR CREDIT CORP

1.125 06/18/2026 1,385,000.00 06/15/2021

1.13%
1,384,390.60
1,384,923.57

98.21 4.06%
1,360,155.87
5,756.41

0.67%
(24,767.70)
A1/A+
A+

0.63 0.61
57629WDE7 MASSMUTUAL GLOBAL FUNDING
II 1.2 07/16/2026 1,000,000.00 08/19/2021

1. 15%
1,002,230.00
1,000,320.53

98.02 4.09%
980,173.00
3,500.00

0.48%
(20,147.53)
Aa3/AA+
AA+

0.71 0.69
26 113
CC 12-02-2025
113 of 273

HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
58989V2D5 MET TOWER GLOBAL FUNDING

1.25 09/14/2026 770,000.00 09/07/2021

1.27%
769,291.60
769,877.02

97.67 4.02%
752,085.95
1,256.60

0.37%
(17,791.07)
Aa3/AA-
AA-

0.87 0.84
931142ER0 WALMART INC 1.05 09/17/2026 350,000.00 09/08/2021

1.09%
349,338.50
349,884.08

97.64 3.82%
341,744.20
449.17

0.17%
(8,139.88)
Aa2/AA
AA

0.88 0.85
59217GER6 METROPOLITAN LIFE GLOBAL
FUNDING I 1.875 01/11/2027 1,115,000.00 01/03/2022

1.90%
1,113,728.90
1,114,696.50

97.54 4.01%
1,087,594.42
6,388.02

0.53%
(27,102.08)
Aa3/AA-
AA-

1.20 1.15
808513BY0 CHARLES SCHWAB CORP 2.45
03/03/2027 960,000.00 03/01/2022

2.46%
959,729.90
959,924.27

97.99 4.01%
940,724.16
3,789.33

0.46%
(19,200.11)
A2/A-
A

1.34 1.29
084664CZ2 BERKSHIRE HATHAWAY FINANCE
CORP 2.3 03/15/2027 1,615,000.00 03/07/2022

2.30%
1,614,693.15
1,614,916.15

98.01 3.80%
1,582,897.03
4,746.31

0.77%
(32,019.12)
Aa2/AA
A+

1.37 1.32
14913UAL4 CATERPILLAR FINANCIAL SERVICES
CORP 5.0 05/14/2027 1,000,000.00 05/10/2024

5.04%
998,930.00
999,453.26
10 1.67

3.86%
1,016,745.00
23,194.44

0.50%
17,291.74
A2/A
A+

1.53 1.43
24422EXZ7 JOHN DEERE CAPITAL CORP 4.65
01/07/2028 1,430,000.00 01/06/2025

4.66%
1,429,571.00
1,429,687.18
101.58

3.88%
1,452,599.72
21,056.75

0.71%
22,912.54
A1/A
A+

2.19 2.03
57636QAW4 MASTERCARD INC 4.875
03/09/2028 945,000.00 03/06/2023

4.90%
944,083.35
944,569.02
10 2.17

3.90%
965,520.68
6,654.38

0.47%
20,951.66
Aa3/A+
NA

2.36 2.12
61690U8E3 MORGAN STANLEY BANK NA

4.968 07/14/2028 1,950,000.00 07/17/2024

4.97%
1,950,000.00
1,950,000.00
101.39

4.43%
1,977,130.35
28,793.70

0.97%
27,130.35
Aa3/A+
AA-

2.70 1.59
74340XBL4 PROLOGIS LP 4.375 02/01/2029 1,500,000.00 07/18/2024

4.68%
1,481,235.00
1,486,554.39
100.78

4.11%
1,511,773.50
16,406.25

0.74%
25,219.11
A2/A
NA

3.25 2.75
78016HZV5 ROYAL BANK OF CANADA 4.95
02/01/2029 2,000,000.00 10/31/2024

4.69%
2,019,920.00
2,015,238.22
102.73

4.04%
2,054,616.00
24,750.00

1.01%
39,377.78
A1/A
AA-

3.25 2.95
743315AV5 PROGRESSIVE CORP 4.0
03/01/2029 1,500,000.00 07/16/2024

4.72%
1,455,495.00
1,467,939.53
100.12

3.96%
1,501,762.50
10,000.00

0.74%
33,822.97
A2/A
A

3.33 2.85
64952WFG3 NEW YORK LIFE GLOBAL FUNDING

5.0 06/06/2029 1,000,000.00 07
/01/2024

5.12%
994,880.00
996,265.24
102.56

4.22%
1,025,593.00
20,138.89

0.50%
29,327.76
Aa1/AA+
AAA

3.60 3.20
437076BY7 HOME DEPOT INC 2.95
06/15/2029 1,663,000.00 09/17/2024

3.93%
1,593,203.89
1,609,695.29

96.62 3.96%
1,606,793.93
18,533.21

0.79%
(2,901.36)
A2/A
A

3.62 3.35
437076DC3 HOME DEPOT INC 4.75
06/25/2029 1,000,000.00 07/01/2024

4.93%
992,260.00
994,332.23
102.39

4.04%
1,023,944.00
16,625.00

0.50%
29,611.77
A2/A
A

3.65 3.20
756109CB8 REALTY INCOME CORP 4.0
07/15/2029 1,463,000.00 08/08/2024

4.69%
1,419,212.41
1,430,128.92

99.51 4.14%
1,455,888.36
17,230.89

0.71%
25 ,759.44
A3/A-
NA

3.70 3.37
713448FX1 PEPSICO INC 4.5 07/17/2029 1,500,000.00 07/15/2024

4.53%
1,497,675.00
1,498,275.99
102.04

3.90%
1,530,672.00
19,500.00

0.75%
32,396.01
A1/A+
NA

3.71 3.28
27 114
CC 12-02-2025
114 of 273

HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
46647PAV8 JPMORGAN CHASE & CO 4.203
07/23/2029 1,500,000.00 09/17/2024

4.27%
1,496,610.00
1,497,597.54
100.14

4.47%
1,502,032.50
17,162.25

0.74%
4,434.96
A1/A
AA-

3.73 2.52
06051GHM4 BANK OF AMERICA CORP 4.271
07/23/2029 1,500,000.00 09/17/2024

4.29%
1,498,710.00
1,499,085.79
100.38

4.47%
1,505,631.00
17,439.92

0.74%
6,545.21
A1/A-
AA-

3.73 2.52
30303M8S4 META PLATFORMS INC 4.3
08/15/2029 912,000.00 08/12/2024

4.33%
910,584.09
910,927.60
100.97

4.02%
920,815.39
8,278.93

0.45%
9,887.79
Aa3/AA-
NA

3.79 3.36
171239AL0 CHUBB INA HOLDINGS LLC 4.65
08/15/2029 1,750,000.00 --

4.44%
1,765,746.34
1,762,147.92
101.97

4.08%
1,784,552.00
17,179.17

0.87%
22,404.08
A2/A
A

3.79 3.34
91324PDS8 UNITEDHEALTH GROUP INC 2.875
08/15/2029 2,000,000.00 09/17/2024

3.94%
1,906,080.00
1,927,515.98

95.72 4.11%
1,914,408.00
12,138.89

0.94%
(13,107.98)
A2/A+
A

3.79 3.51
02665WFQ9 AMERICAN HONDA FINANCE
CORP 4.4 09/05/2029 1,750,000.00 10/02/2024

4.29%
1,758,102.50
1,756,326.98
10 0.73

4.19%
1,762,818.75
11,977.78

0.86%
6,491.77
A3/A-
NA

3.85 3.48
40139LBJ1 GUARDIAN LIFE GLOBAL FUNDING

4.179 09/26/2029 1,205,000.00 09/23/2024

4.18%
1,205,000.00
1,205,000.00

99.96 4.19%
1,204,462.57
4,895.81

0.59%
(537.43)
Aa1/AA+
NA

3.90 3.55
61748UAK8 MORGAN STANLEY 4.133
10/18/2029 1,470,000.00 10/17/2025

4.25%
1,470,184.60
1,470,182.91

99.77 4.
40%
1,466,564.61
1,518.88

0.72%
(3,618.30)
A1/A-
A+

3.96 2.75
38141GD27 GOLDMAN SACHS GROUP INC

4.153 10/21/2029 1,025,000.00 10/14/2025

4.37%
1,025,000.00
1,025,000.00

99.70 4.43%
1,021,967.03
1,182.45

0.50%
(3,032.98)
A2/BBB+
A

3.97 2.76
14913UAU4 CATERPILLAR FINANCIAL SERVICES
CORP 4.7 11/15/2029 1,200,000.00 11/14/2024

4.74%
1,198,092.00
1,198,458.76
102.60

4.00%
1,231,198.80
26,006.67

0.60%
32,740.04
A2/A
A+

4.04 3.58
64952WFK4 NEW YORK LIFE GLOBAL FUNDING

4.6 12/05/2029 1,365,000.00 12/02/2024

4.61%
1,364,221.95
1,364,362.99
101.46

4.21%
1,384,913.99
25,464.83

0.68%
20,551.00
Aa1/AA+
AAA

4.10 3.63
89236TNA9 TOYOTA MOTOR CREDIT CORP

4.95 01/09/2030 1,445,000.00 01/06/2025

5.00%
1,441,907.70
1,442,408.97
103.07

4.14%
1,489,336.94
22,253.00

0.73%
46,927.96
A1/A+
A+

4.19 3.70
63743HFX5

NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP 4.95
02/07/2030
1,000,000.00 02
/05/2025

4.88%
1,002,873.61
1,002,446.17
102.92

4.19%
1,029,172.00
11,550.00

0.50%
26,725.83
A2/NA
A

4.27 3.71
571748CA8 MARSH & MCLENNAN
COMPANIES INC 4.65 03/15/2030 1,400,000.00 03/11/2025

4.69%
1,397,340.00
1,397,673.96
101.65

4.23%
1,423,158.80
8,318.33

0.70%
25,484.84
A3/A-
A-

4.37 3.83
57629TBX4 MASSMUTUAL GLOBAL FUNDING
II 4.55 05/07/2030 1,000,000.00 05/01/2025

4.58%
998,670.00
998,799.65
100.96

4.31%
1,009,562.00
21,991.67

0.49%
10,762.35
Aa3/AA+
AA+

4.51 3.96
66815L2W8 NORTHWESTERN MUTUAL
GLOBAL FUNDING 4.6 06/03/2030 1,000,000.00 06/12/2025

4.51%
1,004,040.00
1,003,726.32
101.48

4.24%
1,014,822.00
18,911.11

0. 50%
11,095.68
Aa1/AA+
AAA

4.59 4.03
28 115
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
828807DK0 SIMON PROPERTY GROUP LP 2.65
07/15/2030 2,000,000.00 08/19/2025

4.32%
1,853,380.00
1,859,359.47

93.36 4.22%
1,867,104.00
15,605.56

0.91%
7,744.53
A3/A
NA

4.70 4.31
40139LBN2 GUARDIAN LIFE GLOBAL FUNDING

4.327 10/06/2030 1,500,000.00 09/30/2025

4.33%
1,500,000.00
1,500,000.00
100.05

4.31%
1,500,786.00
4,507.29

0.73%
786.00
Aa1/AA+
NA

4.93 4.38
141781CF9 CARGILL INC 4.125 10/23/2030 1,100,000.00 10/20/2025

4.14%
1,099,171.70
1,099,175.78

99.48 4.24%
1,094,269.00
1,008.33

0.54%
(4,906.78)
A2/A
NA

4.98 4.45
Total Corporate 53,178,000.00 3.98%
52,757,534.14
52,844,804.80
100.02

4.13%
53,162,145.66
510,450.67

26.03%
317,340.85

3.21 2.76

MONEY MARKET
FUND
992995944 WC MMF SWEEP 52,594.74 --

2.85%
52,594.74
52,594.74

1.00 2.10%
52,594.74

0.00 0.03%

0.00 NA/NA
NA

0.00 0.00
VP4520004 WF ADV 100% TREAS MM FD-SVC
CL #008 3,807,043.04 --

0.01%
3,807,043.04
3,807,043.04

1.00 3.55%
3,807,043.04

0.00 1.86%

0.00 Aa
a/AAAm
NA

0.00 0.00
Total Money Market
Fund 3,859,637.78 0.05%
3,859,637.78
3,859,637.78

1.00 3.53%
3,859,637.78

0.00 1.89%

0.00 0.00

0.00 MUNICIPAL BONDS
13063EGT7 CALIFORNIA STATE 4.5 08/01/2029 1,740,000.00 10/30/2024

4.38%
1,749,169.80
1,747,256.33
102.55

3.76%
1,784,389.14
19,575.00

0.87%
37 ,132.81
Aa2/AA-
AA

3.75 3.39
Total Municipal
Bonds 1,740,000.00 4.38%
1,749,169.80
1,747,256.33
102.55

3.76%
1,784,389.14
19,575.00

0.87%
37,132.81

3.75 3.39

SUPRANATIONAL
4581X0DV7 INTER-AMERICAN DEVELOPMENT
BANK 0.875 04/20/2026 2,460,000.00 04/13/2021

0.97%
2,448,733.20
2,458,951.06

98.59 3.98%
2,425,222.98
657.71

1.19%
(33,728.08)
Aaa/AAA
NA

0.47 0.46
459058LN1

INTERNATIONAL BANK FOR

RECONSTRUCTION AND
DEVELOPM 3.875 10/16/2029
1,750,000.00 12/12/2024

4.25%
1,721,510.00
1,726,714.90
100.60

3.71%
1,760,501.75
2,817.50

0.86%
33,786.85
Aaa/AAA
NA

3.96 3.63
459058LR2

INTERNATIONAL BANK FOR

RECONSTRUCTION AND
DEVELOPM 4.125 03/20/2030
1,700,000.00 03/14/2025

4.20%
1,694,220.00
1,694,935.38
101.58

3.73%
1,726,861.70
7,986.46

0.85%
31,926.32
Aaa/AAA
NA

4.38 3.96
29 116
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Supranational 5,910,000.00 2.89%
5,864,463.20
5,880,601.35
100.06

3.83%
5,912,586.43
11,461.67

2.89%
31,985.08

2.65 2.43

US TREASURY
91282CAZ4 UNITED STATES TREASURY 0.375
11/30/2025 2,250,000.00 03/26/2021

0.76%
2,209,658.20
2,249,314.64

99.73 4.02%
2,243,952.00
3,550.20

1.10%
(5,362.64)
Aa1/AA+
AA+

0.08 0.07
91282CBH3 UNITED STATES TREASURY 0.375
01/31/2026 2,500,000.00 05/27/2021

0.75%
2,456,445.31
2,497,680.82

99.15 3.91%
2,478,807.50
2,369.23

1.21%
(18,873.32)
Aa1/AA+
AA+

0.25 0.24
91282CBW0 UNITED STATES TREASURY 0.75
04/30/2026 2,500,000.00 05/27/2021

0.80%
2,493,652.34
2,499,364.53

98.52 3.82%
2,462,910.00

51.80 1.21%
(36,454.53)
Aa1/AA+
AA+

0.50 0.48
91282CCZ2 UNITED STATES TREASURY 0.875
09/30/2026 1,400,000.00 10/18/2021

1.19%
1,379,054.68
1,396,140.13

97.45 3.76%
1,364,365.80
1,076.92

0.67%
(31,774.33)
Aa1/AA+
AA+

0.91 0.89
91282CDG3 UNITED STATES TREASURY 1.125
10/31/2026 1,400,000.00 11/15/2021

1.25%
1,391,468.75
1,398,283.37

97.47 3.74%
1,364,617.80

43.51 0.67%
(33,665.57)
Aa1/AA+
AA+

1.00 0.
97 91282CJP7 UNITED STATES TREASURY 4.375
12/15/2026 2,500,000.00 12/28/2023

4.01%
2,525,097.66
2,509,487.01
100.70

3.73%
2,517,382.50
41,538.59

1.23%
7,895.49
Aa1/AA+
AA+

1.12 1.06
91282CKJ9 UNITED STATES TREASURY 4.5
04/15/2027 2,300,000.00 04/17/2024

4.77%
2,283,109.38
2,291,802.17
101.18

3.65%
2,327,133.10
4,
833.79

1.14%
35,330.93
Aa1/AA+
AA+

1.45 1.39
91282CKR1 UNITED STATES TREASURY 4.5
05/15/2027 3,200,000.00 05/08/2024

4.65%
3,186,500.00
3,193,095.89
101.26

3.65%
3,240,249.60
66,521.74

1.59%
47,153.71
Aa1/AA+
AA+

1.54 1.44
91282CEW7 UNITED STATES TREASURY 3.25
06/30/2027 3,250,000.00 --

3.18%
3,260,312.50
3,253,335.18

99.40 3.62%
3,230,574.75
35,591.03

1.58%
(22,760.43)
Aa1/AA+
AA+

1.66 1.58
91282CFB2 UNITED STATES TREASURY 2.75
07/31/2027 400,000.00 08/22/2022

3.12%
393,218.75
397,604.18

98.53 3.63%
394,125.20
2,779.89

0.19%
(3,478.98)
Aa1/AA+
AA+

1.75 1.67
91282CFH9 UNITED STATES TREASURY 3.125
08/31/2027 4,500,000.00 --

3.28%
4,468,902.34
4,488,563.09

99.14 3.61%
4,461,502.50
24,084.94

2.18%
(27,060.59)
Aa1/AA+
AA+

1.83 1.75
91282CFM8 UNITED STATES TREASURY 4.125
09/30/2027 3,450,000.00 --

4.31%
3,421,152.34
3,438,793.18
100.94

3.61%
3,482,478.30
12,510.99

1.70%
43,685.12
Aa1
/AA+
AA+

1.91 1.81
91282CFZ9 UNITED STATES TREASURY 3.875
11/30/2027 850,000.00 12/05/2022

3.81%
852,656.25
851,107.74
100.55

3.60%
854,681.80
13,858.95

0.42%
3,574.06
Aa1/AA+
AA+

2.08 1.95
91282CGC9 UNITED STATES TREASURY 3.875
12/31/2027 2,750,000.00 --

3.67%
2,775,107.42
2,761,031.66
100.58

3.59%
2,765,897.75
35,906.93

1.35%
4,866.09
Aa1/AA+
AA+

2.17 2.03
30 117
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CGH8 UNITED STATES TREASURY 3.5
01/31/2028 3,000,000.00 02/07/2023

3.81%
2,957,929.69
2,981,001.25

99.80 3.59%
2,993,907.00
26,535.33

1.47%
12,905.75
Aa1/AA+
AA+

2.25 2.12
91282CGP0 UNITED STATES TREASURY 4.0
02/29/2028 3,700,000.00 --

4.01%
3,699,113.28
3,699,649.18
100.89

3.60%
3,732,952.20
25,348.07

1.83%
33,303.02
Aa1/AA+
AA+

2.33 2.19
91282CNY3 UNITED STATES TREASURY 3.375
09/15/2028 5,000,000.00 10/28/2025

3.50%
4,982,812.50
4,982,861.51

99.39 3.60%
4,969,530.00
21,909.53

2.43%
(13,331.51)
Aa1/AA+
AA+

2.88 2.69
91282CKG5 UNITED STATES TREASURY 4.125
03/31/2029 2,300,000.00 04/17/2024

4.62%
2,249,867.19
2,265,450.51
101.57

3.63%
2,336,116.90
8,340.66

1.14%
70,666.39
Aa1/AA+
AA+

3.41 3.15
91282CKX8 UNITED STATES TREASURY 4.25
06/30/2029 2,000,000.00 07/01/2024

4.41%
1,985,546.88
1,989,405.80
102.06

3.64%
2,041,250.00
28,641.30

1.00%
51,844.20
Aa1/AA+
AA+

3.66 3.32
91282CLK5 UNITED STATES TREASURY 3.625
08/31/2029 3,500,000.00 09/11/2024

3.45%
3,527,480.47
3,521,205.28

99.88 3.66%
3,495,761.50
21 ,729.97

1.71%
(25,443.78)
Aa1/AA+
AA+

3.83 3.52
91282CLN9 UNITED STATES TREASURY 3.5
09/30/2029 5,000,000.00 --

3.83%
4,925,039.06
4,940,933.23

99.43 3.66%
4,971,290.00
15,384.62

2.43%
30,356.77
Aa1/AA+
AA+

3.91 3.61
91282CLR0 UNITED STATES TREASURY 4.125
10/31/2029 3,000,000.00 10/31/2024

4.17%
2,993,789.06
2,995,031.25
101.69

3.67%
3,050,742.00
34 1.85

1.49%
55,710.75
Aa1/AA+
AA+

4.00 3.66
91282CMD0 UNITED STATES TREASURY 4.375
12/31/2029 4,400,000.00 --

4.53%
4,369,171.88
4,374,103.55
102.68

3.67%
4,518,078.40
64,864.13

2.21%
143,974.85
Aa1/AA+
AA+

4.17 3.73
91282CMG3 UNITED STATES TREASURY 4.25
01/31/2030 4,000,000.00 02/07/2025

4.34%
3,983,906.25
3,986,245.87
102.22

3.68%
4,088,908.00
42,961.96

2.00%
102,662.13
Aa1/AA+
AA+

4.25 3.82
91282CGQ8 UNITED STATES TREASURY 4.0
02/28/2030 4,500,000.00 --

4.01%
4,496,958.99
4,497,302.46
101.27

3.68%
4,557,303.00
30,828.73

2.23%
60,000.54
Aa1/AA+
AA+

4.33 3.92
91282CNK3 UNITED STATES TREASURY 3.875
06/30/2030 5,000,000.00 --

3.78%
5,020,507.81
5,020,996.08
100.76

3.69%
5,038,085.00
65,285.33

2.47%
17,088.92
Aa1/AA+
AA+

4.66 4.18
91282CHR5 UNITED STATES TREASURY 4.0
07/31/2030 5,000,000.00 10/23/2025

3.59%
5,089,062.50
5,088,653.25
101.27

3.71%
5,063,280.00
50 ,543.48

2.48%
(25,373.25)
Aa1/AA+
AA+

4.75 4.25
91282CNX5 UNITED STATES TREASURY 3.625
08/31/2030 5,000,000.00 --

3.66%
4,991,425.79
4,991,743.36

99.65 3.70%
4,982,420.00
31,042.82

2.44%
(9,323.36)
Aa1/AA+
AA+

4.83 4.36
91282CPA3 UNITED STATES TREASURY 3.625
09/30/2030 5,000,000.00 --

3.59%
5,008,789.06
5,008,742.45

99.63 3.71%
4,981,250.00
15,934.07

2.44%
(27,492.45)
Aa1/AA+
AA+

4.91 4.44
Total US Treasury 93,650,000.00 3.58%
93,377,736.33
93,568,928.63
100.40

3.68%
94,009,552.60
694,410.34

46.02%
440,623.97

3.05 2.79
31 118
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Portfolio 204,416,276.67 3.81%
202,435,834.11
202,969,256.23

98.07 3.85%
204,271,199.79
1,462,124.01
100.00%
1,301,943.56

3.04 2.60
Total Market Value +
Accrued 205,733,323.80
32 119
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TRANSACTIONS
33 120
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TRANSACTION LEDGER
City of Cupertino | Account #10659|10/01/2025 Through 10/31/2025| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 10/10/2025 17305EHA6 1,500,000.00 CCCIT 2025-A1 A1 4.3 06/21/2030 101.000 3.90% (1,515,000.00) (18,633.33) (1,533,633.33) 0.00 Purchase 10/15/2025 05594HAD5 1,050,000.00 BMWLT 2025-2 A3

3.97 09/25/2028 100.000 4.32% (1,049,997.06) 0.00 (1,049,997.06) 0.00 Purchase 10/21/2025 38141GD27 1,025,000.00

GOLDMAN SACHS
GROUP INC 4. 153
10/21/2029
100.000 4.37% (1,025,000.00) 0.00 (1,025,000.00) 0.00
Purchase 10/21/2025 91282CPA3 2,500,000.00

UNITED STATES
TREASURY 3.625
09/30/2030
100.184 3.58% (2,504,589.84) (5,228.37) (2,509,818.21) 0.00 Purchase 10/22/2025 58770XAD5 1,045,000.00 MBALT 2025-B A3 3.88 04/16/2029 99.984 4.57% (1,044,828.52) 0.00 (1,044,828.52) 0.00 Purchase 10/22/2025 61748UAK8 710,000.00 MORGAN STANLEY

4.133 10/18/2029 100.026 4.12% (710,184.60) 0.00 (710,184.60) 0.00 Purchase 10/22/2025 61748UAK8 760,000.00 MORGAN STANLEY

4.133 10/18/2029 100.000 4.36% (760,000.00) 0.00 (760,000.00) 0.00 Purchase 10/23/2025 141781CF9 165,000.00 CARGILL INC 4.125 10/23/2030 99.741 4.18% (164,572.65) 0.00 (164,572.65) 0.00 Purchase 10/23/2025 141781CF9 275,000.00 CA RGILL INC 4.125 10/23/2030 99.982 4.13% (274,950.50) 0.00 (274,950.50) 0.00 Purchase 10/23/2025 141781CF9 385,000.00 CARGILL INC 4.125 10/23/2030 99.928 4.14% (384,722.80) 0.00 (384,722.80) 0.00 Purchase 10/23/2025 141781CF9 275,000.00 CARGILL INC 4.125 10/23/2030 99
.973 4.13% (274,925.75) 0.00 (274,925.75) 0.00
Purchase 10/24/2025 91282CNX5 2,000,000.00

UNITED STATES
TREASURY 3.625
08/31/2030
100.160 3.59% (2,003,203.13) (10,814.92) (2,014,018.05) 0.00 Purchase 10/24/2025 91282CHR5 5,000,000.00

UNITED STATES
TREASURY 4.0
07/31/2030
101.781 3.59% (5,089,062.50) (46,195.65) (5,135,258.15) 0.00 Purchase 10/24/2025 91282CPA3 2,500,000.00

UNITED STATES
TREASURY 3.625
09/30/2030
100.168 3.59% (2,504,199.22) (5,975.27) (2,510,174.49) 0.00 34 121
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TRANSACTION LEDGER
City of Cupertino | Account #10659|10/01/2025 Through 10/31/2025| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Purchase 10/29/2025 91282CNK3 2,500,000.00

UNITED STATES
TREASURY 3.875
06/30/2030
101.164 3.60% (2,529,101.56) (31,852.92) (2,560,954.48) 0.00 Purchase 10/29/2025 91282CNY3 5,000,000.00

UNITED STATES
TREASURY 3.375
09/15/2028

99.656 3.50% (4,982,812.50) (20,511.05) (5,003,323.55) 0.00 Total Purchase 26,690,000.00 (26,817,150.63) (139,211.51) (26,956,362.14) 0.00 TOTAL
ACQUISITIONS 26,690,000.00 (26,817,150.63) (139,211.51) (26,956,362.14) 0.00

DISPOSITIONS
Maturity 10/28/2025 459058JL8 (1,400,000.00)

INTERNATIONAL BANK

FOR RECONSTRUCTION
AND DEVELOPM 0.5
10/28/2025
100.000 0.60% 1,400,000.00 0.00 1,400,000.00 0.00
Maturity 10/31/2025 91282CAT8 (1,950,000.00)

UNITED STATES
TREASURY 0.25
10/31/2025
100.000 0.49% 1,950,000.00 0.00 1,950,000.00 0.00
Total Maturity (3,350,000.00) 3,350,000.00 0.00 3,350,000.00 0.00 TOTAL
DISPOSITIONS (3,350,000.00) 3,350,000.00 0.00 3,350,000.00 0.00 35 122
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IMPORTANT DISCLOSURES
City of Cupertino | As of October 31, 2025
2025 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Source ICE Da ta Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “as is” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.

This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.

Fixed income i nvestments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.

Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest. 36 123
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BENCHMARK DISCLOSURES
City of Cupertino | Account #10659 | As of October 31, 2025 Benchmark Disclosure
ICE BofA 1-5 Yr US Treasury & Agency Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. 37 124
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CITY OF CUPERTINO
Agenda Item
25-14549 Agenda Date: 12/2/2025
Agenda #: 9.

Subject: Establishment of New Friendship City Relationships with Xuhui District, Shanghai, People’s Republic of China and Danzhou, Hainan Province, People’s Republic of China Approve the establishment of new Friendship City relationships with:

1. Xuhui District, Shanghai, People’s Republic of China; and

2. Danzhou, Hainan Province, People’s Republic of China CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
powered by Legistar™
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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Establishment of a New Friendship City Relationships with Xuhui District, Shanghai, People’s Republic of China and Danzhou, Hainan Province, People’s Republic of China Recommended Action
Approve the establishment of new Friendship City relationships with:

1. Xuhui District, Shanghai, People’s Republic of China; and

2. Danzhou, Hainan Province, People’s Republic of China Background
The Cupertino City Council established its Friendship City program in September 2016.

Although less formal than a Sister City relationship, a Friendship City relationship is an additional way to foster international cooperation at a local level. The City currently has four Friendship Cities that were recently renewed this year, which can be viewed at the Sister and Friendship City webpage.

In November, the City received new Friendship City applications from Xuhui District, Shanghai, People’s Republic of China (Xuhui) (Attachment A) and Danzhou, Hainan Province, People’s Republic of China (Attachment B). The Sister and Friendship City policy (Attachment C) requires that all proposed Friendship City relationships must have Councilmember or community sponsorship and be approved by the City Council. Mayor Liang Chao has sponsored this organization and has requested that the City Council consider approving them as a new Friendship City.

Reasons for Recommendation and Available Options
The Friendship City relationships within Cupertino are coordinated and managed by local committees of community members and require minimal staff involvement. These committees maintain communication with the affiliate city, while coordinating and implementing activities related to the Friendship City Program. Both applicants have indicated that a formal committee will be established upon approval of their application.

If approved, the City will issue a signed Letter of Intent (Attachments D and E) establishing the Friendship City relationships between Cupertino and Xuhui and Cupertino and Danzhou. Each 126
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Friendship City relationship would last for two years and may be renewed administratively in 2027.

Sustainability Impact
No sustainability impact.

City Work Program (CWP) Item/Description
None
Council Goal:

Quality of life
Fiscal Impact
The Sister and Friendship City policy (Attachment C) states that each member of a delegation may receive a gift not exceeding $25. There is staff time involved with the preparation of gifts, presentations, and tours, but Friendship Cities do not receive direct funding or facility waivers from the City.

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/ City Clerk Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Friendship City Application - Xuhui District, Shanghai, People’s Republic of China B - Friendship City Application - Danzhou, Hainan Province, People’s Republic of China C – Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations for the City of Cupertino
D – Letter of Intent –Xuhui District
E - Letter of Intent –Danzhou
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CITY OF CUPERTINO

FRIENDSHIP CITIES PROGRAM

APPLICATION FOR DESIGNATION
Instructions
This application is to be completed by the Friendship City Committee of the requesting international city and submitted electronically to the Cupertino City Manager’s Office by emailing &LW\[email protected].

Background
A Friendship Cities Designation is an established relationship between the City of Cupertino and a partnering international organization that is mutually beneficial. The first step towards establishing a Friendship Cities Designation is to complete this application. This application helps to identify proposed goals of the relationship, the supporting activities expected, and highlights the areas of interest strengths, or needs of each party. The proponents of establishing such a relationship must be a collaboration of a community organization (a Friendship City Committee) and an elected official of the participating international city.

Who May Request a Friendship Cities Designation?
Any established Friendship City Committee of the proponent Friendship City may submit an application. The most successful applications will have more than one sponsor and will represent multiple agencies or organizations.

Processing and Approval of the Application
This application will clearly state the rationale and the goals of the relationship and the mutual benefits in establishing this relationship. Once the designation is in place, all information in the application will be shared with the community and stakeholders upon request.

Complete information for key contacts and authorizing individuals (the signing authorities) must be provided before the relationship can be finalized. In addition, the committee must have a Cupertino Councilmember sponsorship. Incomplete information will delay the process. A Friendship Cities De signation will be authorized for a period of two (2) years as outlined in the City of Cupertino’s “Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations” and will be subject to all guidelines therein.
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Today's date:

Name of person requesting relationship:

Title:

Affiliation:

Address:

Email: Phone:

City of Cupertino Sponsor(s):

Friendship City Elected Official Sponsor:

Name and Country of the proposed
Friendship City and the
Friendship City Committee:

CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR DESIGNATION To be completed in English by the requesting organization Xuhui District, Shanghai, People's Republic of China
Shanghai Xuhui Friendship City Committee
11/10/2025
Lanru Huang, Xianchen Xu
Cupertino - Shanghai Xuhui Friendship City Committee
Board Members: Cupertino - Shanghai Xuhui Friendship City Committee 20830 Stevens Creek Blvd #1048
Cupertino, CA 95014
[email protected] (408) 806-7026
Liang Chao, Mayor (2024-2025)
Gang Wei, Deputy Director, Foreign Affairs Office of Xuhui District, Shanghai, People's Republic of China
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RESOURCES: Please address monetary and in-kind resources that may be necessary to conduct the activities of this relationship, how they are to be obtained, and from whom. If none, state “no funding required”. Please note that the City of Cupertino does not currently provide funding for Friendship Cities.

No funding required.

We do not intend to utilize any resources from the City of Cupertino. All proposed activities will be supported by community members, non-profit organizations, or other volunteer-based groups.

Any in-kind resources used, if applicable, will be in full compliance with the relevant Friendship Cities policies.
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PROFILE: Please attach a brief profile of your city and Friendship City Committee including, but not limited to:
background, location, nature, size, and relevant programs.

Shanghai is China’s largest and most developed city, serving as a global financial center and a major hub for trade, innovation, and culture. Known for its dynamic economy, modern skyline, and historical landmarks, Shanghai plays a leading role in shaping China's economic and international outlook.

Located in the heart of Shanghai (just like Cupertino located in the heart of Silicon Valley), Xuhui District is one of the city’s most vibrant and historically rich areas. It blends tradition with modernity, featuring elegant French-style architecture from its days as part of the former French Concession alongside bustling commercial zones and high-end residential neighborhoods. Xuhui is also a cultural and educational hub, home to renowned institutions such as Shanghai Jiao Tong University and various museums, galleries, and theaters. With its tree-lined streets, thriving business environment, and cultural charm, Xuhui represents both the historical depth and forward-looking spirit of Shanghai.

We will form a formal committee once the application is approved. 131
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Items to include:
• Areas of mutual interest upon which the relationship will focus. • Opportunities for new activities and potential outcomes.

RATIONALE: Please explain the rationale and focus of the requested Friendship Cities Design ation. Describe why a Friendship City relationship would be beneficial to the City of Cupertino and your local community, organization, and city. Please outline the areas of mutual strength and interest for each of the participants.

Names, titles, and affiliations of those who will be involved at the proponent Friendship City and the Friendship City Committee. Be sure to include information for the proponent Friendship City’s Mayor as they will have the primary signing authority of the Friendship City.

Benefits and measurable results that the City of Cupertino and proponent Friendship City can expect as a result of the establishment of such a relationship.
•
•
Gang Wei, Deputy Director, Foreign Affairs Office of Xuhui District, Shanghai, People's Republic of China

There is frequent movement of people, economic exchange, and cultural interaction between the City of Cupertino and Shanghai's Xuhui District. The District Mayor of Xuhui has written a letter expressing the hope to establish an official sister-city relationship with Cupertino, in order to promote bilateral cooperation in business, culture, education, and other areas. This proposal received a warm response from the Mayor of Cupertino. The letters will be provided later.

The Friendship City relationship will center on areas of mutual interest, with a focus on ongoing collaboration and exchange between the two cities. City officials and staff will continue to engage in both virtual and in-person meetings to share best practices and experiences in municipal services. Once the formal Friendship City partnership is established, the Friendship City Committee will encourage increased people-to-people exchanges and coordinate official delegations to visit Xuhui District in Shanghai.

The establishment of this relationship is expected to yield a variety of benefits for both the City of Cupertino and its Friendship City partner. These include:

• Strengthened international cooperation and mutual understanding • Enhanced educational and cultural exchange opportunities for local students and educators • Knowledge sharing in areas such as urban planning, public services, and community engagement
• Development of long-term relationships that support future collaboration in education, culture, and economic development
• Measurable outcomes such as implemented exchange programs, successful delegation visits, and documented improvements in shared service practices This partnership aims to create meaningful, lasting impact through mutual learning and international friendship. 132
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RATIONALE (continued):

CITY GOVERNMENT

Friendship city programs foster meaningful connections between international municipal officials, institutions, and businesses. These relationships build trust, open new channels for collaboration, and provide access to valuable expertise—helping local organizations identify fresh opportunities and resources.

Through peer learning and exchange, municipal employees and elected officials can share best practices and innovative approaches to public service. These collaborations can enhance policy development and management in key areas such as sanitation, water, public health, transportation, sustainability, economic development, and education.

In times of crisis, friendship city partnerships can also play a vital role in mobilizing support—raising funds or coordinating the collection of essential supplies for natural disasters, health emergencies, or other urgent situations, including pandemic response efforts.

EDUCATIONAL

Non-governmental organizations may collaborate to develop additional programs, such as summer camps for students from both cities. These initiatives provide a wide range of valuable benefits and outcomes, including:
• Cultural Understanding: Exposure to international learning environments fosters greater acceptance of and appreciation for diverse cultures and community perspectives. • Language Skills: Students enhance their ability to communicate across cultures through language acquisition and daily practice.
• Adaptability in Learning: Participants gain insight into alternative educational approaches and develop more flexible, multi-dimensional learning strategies. • Critical Thinking: The experience strengthens analytical and problem-solving skills in real-world, cross-cultural settings.
• Global Awareness: Exchange students often develop a deeper interest in global issues and broaden their general knowledge.
• Personal Growth: Immersion in a new environment promotes self-awareness, confidence, and self esteem — often one of the most noticeable changes in returning students. • Maturity and Independence: Navigating life outside of familiar support systems builds resilience, social poise, and emotional maturity.
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ADDITIONAL INFORMATION: Please add any additional information about this proposed relationship, the proponent Friendship City, and/or the Friendship City Committee that you wish to share.

Famous Landmarks in Xuhui District:

Shanghai Jiao Tong University (SJTU) is one of China’s oldest and most prestigious institutions of higher education. Founded in 1896, SJTU has played a vital role in China’s modernization and development, earning a reputation for academic excellence, cutting edge research, and innovation.

Located in the dynamic city of Shanghai, the university offers a wide range of programs across science, engineering, medicine, business, humanities, and the arts. It is particularly well-known for its strengths in engineering, computer science, and business, and is home to several national key laboratories and research centers.

As a member of China’s elite C9 League (often compared to the Ivy League in the U.S.), SJTU collaborates extensively with top universities and institutions worldwide. It also initiated the globally influential Academic Ranking of World Universities (ARWU), also known as the Shanghai Ranking.

With a strong commitment to global engagement and talent development, Shanghai Jiao Tong University continues to be a leading force in education, research, and international collaboration.

The Shanghai Film Museum is a landmark institution that celebrates the rich legacy of China’s film industry, particularly its roots in Shanghai—the birthplace of Chinese cinema. Housed in a beautifully renovated historic building, the museum offers an immersive journey through over a century of cinematic history, showcasing how Shanghai led the nation in film production, innovation, and artistic expression.

During the last century, Shanghai stood at the forefront of China’s film technology, representing the most advanced cinematic techniques and equipment of its time. From sound and lighting to editing and special effects, the city’s studios and filmmakers embraced cutting-edge technologies that set national standards and laid the foundation for modern Chinese cinema.

The museum also reflects the profound influence of Hollywood on Shanghai’s film industry. In the early 20th century, American films, production styles, and storytelling techniques significantly shaped Shanghai’s cinematic culture, giving rise to a unique blend of Eastern and Western artistry. This cross-cultural exchange helped establish Shanghai as the “Hollywood of the East,” a title that resonates throughout the museum’s exhibits.

Today, the Shanghai Film Museum not only preserves this pioneering history but also inspires future generations of filmmakers and film lovers through its interactive displays, historical archives, and tribute to international cinematic influence.

Wukang Mansion

The Wukang Mansion, formerly known as the Normandie Apartments, is one of Shanghai’s most iconic historical buildings. Located in the heart of the city’s former French Concession, this landmark was completed in 1924 and designed by renowned Hungarian-Slovak architect László Hudec. Funded by International Savings Society (ISS), it stands as one of the earliest examples of foreign investment in Shanghai's urban development, symbolizing the beginning of western economic engagement in the city over a century ago.

With its distinctive wedge-shaped structure and elegant European architectural style, the Wukang Mansion has become a symbol of Shanghai’s rich cultural heritage and its long history of international exchange. Today, it remains a beloved city landmark, reflecting both the cosmopolitan spirit and historical depth of Shanghai. 134
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Reply Regarding the Establishment of a Friendship-City
Relationship between Xuhui District, Shanghai and Cupertino, California, USA
Ms. Jennifer Zou,
Bay Area Council,
The letter from your Council regarding the establishment of a friendship-city relationship between Xuhui District and Cupertino, dated September 21, 2025, has been received. We sincerely appreciate the efforts and recommendations of your Council in advancing this matter.

As one of the central districts of Shanghai, Xuhui District, upholding the concept of openness, inclusiveness, and mutual benefit, has actively explored high-level international exchanges and cooperation across multiple areas. Cupertino, a key city in Silicon Valley, has achieved remarkable accomplishments in technological innovation, talent development, and community wellbeing.

As you mentioned in your letter, on September 20, during her visit to the United States, Ms. Wei Lan, Deputy District Mayor of Xuhui District, met with Ms. Liang Chao, Mayor of Cupertino, to exchange information on both cities and discuss cooperation opportunities in relevant fields. We believe that the two sides enjoy strong economic complementarity and significant cooperation potential. Establishing a friendship-city relationship serves the shared interests of both and will inject new momentum into sub-national cooperation between China and the US.

Xuhui District agrees in principle to advance the establishment of a friendship-city relationship with the City of Cupertino and promote multi-sector exchanges. We support enterprises, universities, and social organizations in both cities in carrying out practical cooperation in areas of mutual interest, forming a multi-tiered exchange landscape.
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Xuhui District stands ready to work with Cupertino to steadily advance the development of the friendship-city partnership on the principle of mutual respect, equality, and mutual benefit. We look forward to your Council continuing to serve as a bridge and jointly working for substantive progress in exchanges and cooperation between the two cities.

We recommend that this reply be copied to the City of Cupertino and to Mayor Liang Chao for their information to facilitate follow-up work.

Yours sincerely.

WEI Gang
Deputy Director, Foreign Affairs Office
Shanghai Xuhui District People’s Government
[email protected]
November 4, 2025
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CITY OF CUPERTINO

FRIENDSHIP CITIES PROGRAM

APPLICATION FOR DESIGNATION
Instructions
This application is to be completed by the Friendshi p City Committee of the requesting international city and submitte d electronically to the Cupertino City Manager’s Office by emailing CityManager @cupertino.g ov.

Background
A Friendship Cities Designation is an established relationship between the City of Cupertino and a partnering international organization that is mutually beneficial. The first step towards establishing a Friendship Cities Designation is to complete this ap plication. This application helps to identify proposed goals of the relationship, the supporting activities expected, and highlights the areas of interest strengths, or needs of each party. The proponents of establishing such a relationship must be a co llaboration of a community organization (a Friendship City Committee) and an elected official of the participating international city.

Who May Request a Friendship Cities Designation?
A
ny established Friendship City Committee of the proponent Friendship City may submit an application. The most successful applications will have more than one sponsor and will represent multiple agencies or organizations.

Processing and Approval of the Application
T
his a pplication will clearly state the rationale and the goals of the relationship and the mutual benefits in establishing this relationship. Once the d esignation is in place, all information in the a pplication will be shared with the community and stakeholders upon request.

Complete information for key conta cts and authorizing individuals (the signing authorities) must be provided before the relationship can be finalized. In addition, the committee must have a Cupertino Councilmember sponsorship. Incomplete information will delay the process. A Friendship C ities Designation will be authorized for a period of two (2) years as outlined in the City of Cupertino’s “Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations ” and will be subject to all guidelines therein.
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Today's date:

Name of person requesting relationship:

Title:

Affiliation:

Address:

Email: Phone:

City of Cupertino Sponsor(s):

Friendship City Elected Official Sponsor:

Name and Country of the proposed
Friendship City and the
Friendship City Committee:

CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR DESIGNATION To be completed in English by the requesting organization 140
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RESOURCES: Please address monetary and in-kind resources that may be necessary to conduct the activities of this relationship, how they are to be obtained, and from whom. If none, state “no funding required”. Please note that the City of Cupertino does not currently provide funding for Friendship Cities. 141
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PROFILE: Please attach a brief profile of your city and Friendship City Committee including, but not limited to:
background, location, nature, size, and relevant programs. 142
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Items to include:
• Areas of mutual interest upon which the relationship will focus. • Opportunities for new activities and potential outcomes.

RATIONALE: Please explain the rationale and focus of the requested Friendship Cities Designation. Describe why a Friendship City relationship would be beneficial to the City of Cupertino and your local community, organization, and city. Please outline the areas of mutual strength and interest for each of the participants.

Names, titles, and affiliations of those who will be involved at the proponent Friendship City and the Friendship City Committee. Be sure to include information for the proponent Friendship City’s Mayor as they will have the primary signing authority of the Friendship City.

Benefits and measurable results that the City of Cupertino and proponent Friendship City can expect as a result of the establishment of such a relationship.
•
•
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RATIONALE (continued):
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ADDITIONAL INFORMATION: Please add any additional information about this proposed relationship, the proponent Friendship City, and/or the Friendship City Committee that you wish to share. 145
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POLICIES AND

GUIDELINES ON SISTER

CITIES, FRIENDSHIP CITIES,

AND INTERNATIONAL

DELEGATIONS FOR THE

CITY OF CUPERTINO
Citywide Policy Manual
Policy #
Attachments:

Effective Date:

October 10, 2023
Responsible Department:

City Manager’s Office
Related Policies & Notes:

Prior versions: 2005, 2013, 2016, 2018

Background:

Cupertino has four active Sister Cities registered with Sister Cities International; the cities of Toyokawa, Japan; Hsinchu, Taiwan; Copertino, Italy; and Bhubaneswar, India.

In addition, Cupertino has established several Friendship City relationships and attracts many international delegations for cultural, educational, business, and economic development reasons.

SISTER CITIES

Intent of Sister City Affiliations:

The City recognizes the value of developing people-to-people contacts as a way to further international communication and understanding. Sister City partnerships have proved very successful in fostering educational, technical, economic and cultural exchanges.

Sister City relationships are effective only when organizations of interested residents in one community work with interested residents in another city to promote communication and understanding among people of different cultures.

The ideal affiliation should involve a large number of citizens and organizations in both cities, engaging in exchanges of people, ideas and cultures on a long-term, continuing basis.

The City intends to provide limited financial support to those Sister City Committees that operate student exchange programs. Those Sister City organizations which do not operate student exchange programs shall be completely financially independent from the City, except for limited City facility use.
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Definitions

City-Supported Committees: Sister City Committees with a student delegation are considered City-Supported Committees.

Non-City-Supported Committees: Sister City Committees without a student delegation are considered Non-City-Supported Committees.

Sister City Citizen Committee Responsibilities (Receiving City Support):
• Identify, manage, coordinate and implement all activities related to the Sister City Program.
• Establish a formal, incorporated 501(c)(3) structure, with officers and subcommittees.
• Solicit donations and in-kind contributions from the local community as appropriate.
• Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program. • Finance activities from fundraising efforts and resources other than public funding, including all travel and program expenses, postage, fax, copying, and printing costs for events in which the City is participating. This includes fundraising or securing gifts for special celebrations, such as anniversaries. • Prepare a detailed budget including funds raised through fundraising efforts and public (City) funding for events and activities and keep track of expenses. The budget should show funds available and should identify adequate, ongoing funding sources for program activities.
• Work with City staff at least one month in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing promotional gifts, similar notice is required, unless waived by the City Manager.
• Meet the following eligibility requirements/annual submittals:
o Proof of 501(c)(3) status
o Detailed accounting of prior year actual revenue and expenses o Summary of prior year activities
o Proposed budget plan
o Fundraising plan

Sister City Citizen Committee Responsibilities (Not Receiving City Support):
• Identify, manage, coordinate, and implement all activities related to the Sister City Program.
• Establish a formal, incorporated 501(c)(3) structure, with officers and appropriate 147
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functional sub committees.
• Solicit donations and in-kind contributions from the local community as appropriate.
• Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program.

City of Cupertino Responsibilities (With regard to City supported Sister City Committees):

Coordinated through the City Manager’s Office, the City will serve as a support for programs and activities by:

• Providing for set-up and complimentary access to a large City facility for three community events per Sister City per fiscal year. All cost of food, drinks, and materials are the responsibility of the Sister City Committee. • The City shall accept gifts from the Sister City, which will be considered the property of the City and may be displayed at a City facility or offered to the Sister City Committee at City’s discretion.
• The City will establish and maintain a written record of said gifts, regardless of actual or perceived monetary value. The written gift log will include: donation City, gift date, gift occasion (if applicable), and whether they are being offered to the Sister City Committee.
• Providing up to $2,500 per year for a Sister City with a student exchange program of 4 to 9 student delegates and up to $5,000 per year for a Sister City with a student exchange program of 10 or more student delegates.

Coordinated through the City Manager's Office, the City will serve as a support for Sister City programs and activities by:

• Providing access to postage, fax, copying and printing equipment to Sister City Committee members for support of Sister City events in which the City is participating. City staff is not responsible for preparing mailings or printed materials.
• Providing the use of meeting room space (up to 18 per calendar year) at no cost to the Sister City Committee for related activities. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center’s Cupertino Room.
• Providing City promotional gift items, when budget allows, typically given at community events to government representatives and student delegations from visiting countries. These include but are not limited to: branded t-shirts, pens, reusable bags, and lapel pins. The cost of each promotional gift or gift bag shall not exceed $25. Additional gifts presented to members of a Sister City delegation are the responsibility of the Sister City Committee.
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• Facilitating participation of City officials.

City of Cupertino Responsibilities (With regard to non-City supported Sister City Committees):

• The City shall maintain registration with the Sister Cities International organization.
• Provide the use of meeting room space (up to 4 per calendar year) at no cost to the Sister City Committee for related activities. For additional meeting room uses, non-City supported Sister City Committees shall be charged the facility use resident rate on the rental of any City facility. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center’s Cupertino Room.

Travel and Program Expenses:

Program Expenses:
• The City Council will, as part of its annual budget adoption process, establish a program budget for anticipated City supported Sister City program activities.

This budget will include up to $2,500 for a Sister City with a student exchange program of 4 to 9 student delegates and up to $5,000 for a Sister City with a student exchange program of 10 or more student delegates, as funds allow. The City Council will consider funding for student delegations with less than four students on a case-by-case basis. An additional $5,000 will be considered for adult delegation visits every 5 years. This adopted budget, less the cost of the Sister City membership fee, will be remitted to the Committee once an accounting of the prior year's expenditures has been received and reviewed by the Finance Department. These funds represent the City's sole monetary commitment each fiscal year with the exception of the items listed above.

Travel Expenses:
• The City will pay for 50% of one trip per year for the Mayor or their designee, provided the trip is in conjunction with an official delegation. • All other Council travel for Sister City programs shall be funded by Sister City Committee fundraising activities, when feasible, or by the individual traveling councilmember, unless authorized in advance by the City Council.

New Affiliations:

To ensure that there is a broad base of communit y support for a global partnership, the citizen committee responsible for implementing the Sister City program should include at least 10 acti ve Cupertino residents who are committed to making a new affiliation successful.

No more than one Sister City relationship may be established in any given country. 149
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Proposal Process

The new Sister Cit y Committee will prepare and submit the following to the Cit y of Cupertino:
• Detailed demographic profile of the prospective city
• Application for a formal, incorporated 501(c)(3) structure, with officers and appropriate subcommittees
• Documentation of broad-based community support, with a minimum of 10 members on the organizing committee
• A preliminary program plan outlining objectives and funding sources If the City Council adopts a resolution establishing a new Sister City relationship, the City shall register that new Sister City with Sister Cities International. If the proposed new Sister City Committee desires to operate a student exchange program (with a minimum of 4 student delegates and open to any school within the Cupertino Union School District and/or Fremont Union High School District boundaries) and demonstrates that it can meet its responsibilities as a City supported Sister City Committee, the budget for the following year shall be adjusted, if approved by Council, to provide for financial support.

Terminating a Sister City Affiliation

While regrettable, it is sometimes necessary for a city to terminate a Sister City affiliation. Sister City affiliations are meant to be long-standing, official city linkages that involve extensive community participation beyond government. For a variety of reasons, a Sister City relationship may lose community interest and support, and Cupertino or the Sister City may opt to terminate the Sister City relationship.

If a Sister City affiliation is inactive for a period of three years and there is a lack of community support for the Sister City relationship to continue, the City may initiate the process to terminate the Sister City affiliation with the Sister City and Sister Cities International. Termination process resulting from inactivity shall be administered by the City Manager or designee, who shall inform the partner Sister City of the decision through a written letter. The City Manager’s Office will reach out to each Sister City Committee 60 days prior to termination. City Manager’s Office shall also inform the Council of the termination through an informational memo.

Definition of Inactivity

Sister Cities would be considered inactive if all of the following occur for three consecutive years:

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• No event or delegation visits organized.
• No log or record provided by the Sister City Committee to the City Manager’s Office of correspondence maintained with the affiliate Sister City Committee. • No correspondence between the City of Cupertino and the local Sister City Committee.

FRIENDSHIP CITIES

Intent of Friendship City Affiliations:

The City recognizes the value of developing people-to-people contacts as a way to further international communication and understanding. Friendship city partnerships can be effective in fostering increased global cooperation and communication. Friendship cities may be established, however, they will not be considered official Sister Cities and are not eligible for City funding.

New Affiliations:

All proposed Friendship City relationships must have Councilmember or community sponsorship and be approved by the City Council. The Friendship City will submit a Friendship City application to the City of Cupertino, which requires sponsorship from a Council Member and a citizen' s committee to ensure the new affiliation is successful. If approved, the City will issue a signed Letter of Intent establishing the Friendship City relationship.

A Friendship City affiliation will be effective for two years and may be renewed administratively every two years.

Friendship City Committee Responsibilities:

• Identify, manage, coordinate and implement all activities related to the Friendship City program.
• Maintain communication with the affiliate Friendship City, ensuring the counterpart is equally committed.
• Work with City staff at least one month in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing city gifts, similar notice is required, unless waived by the City Manager.

City of Cupertino Responsibilities:

Coordinated through the City Manager’s Office, the City will:

• Issue a signed Letter of Intent establishing a new Friendship City relationship in 151
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an effort to assist international delegation visits from the Friendship City. • Provide City promotional items typically given at community events to government representatives from visiting countries as the budget allows. These may include, but are not limited to: City t-shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.
• Facilitate meetings with City officials.
• Conduct tours of city facilities.

Travel and Program Expenses:

Friendship City travel and program expenses will be treated as those of international delegations and will follow the guidelines outlined in this policy in the “Travel and Program Expenses” section under “INTERNATIONAL DELEGATIONS.” Friendship Cities must establish a 501(c)(3) tax exempt organization before participating in the travel program.

Renewal of Friendship City Relationship

Friendship City renewals should be requested by an official of the Friendship City with support of the Friendship City Committee. The Friendship City Committee should submit a renewal application, which includes:
• Intent to renew letter from Friendship City official on official letterhead. • Summary of Friendship City delegation visits to Cupertino hosted by the Committee over the last two years.
• Summary of Cupertino delegation visits hosted by Friendship City. • Description of activities held and outcomes.
• How the relationship has been mutually beneficial for Cupertino and the friendship community.
• An updated profile of the Friendship City Committee.

Notification of the intent to renew the Friendship City relationship should be sent to the City at least 60 days in advance to ensure sufficient time to process the renewal. Renewals will be processed administratively through the City Manager’s Office. Friendship City committees are not required to prepare a presentation for the City Council. However, Friendship City committees may submit presentation materials to be included as part of the renewal process.

Terminating a Friendship City Affiliation:

A Friendship City affiliation will be effective for two years. After two years the Friendship City affiliation will automatically expire unless renewed. Renewal requests after the expiration date has passed will be considered at the City Manager’s discretion.

While regrettable, it is sometimes necessary for a city to terminate a Friendship City 152
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affiliation prior to the end of the two-year term. For a variety of reasons, a Friendship City relationship may no longer be mutually beneficial, and Cupertino or the Friendship City may opt to terminate the Friendship City relationship by notifying the City Manager’s Office in writing.

INTERNATIONAL DELEGATIONS

Intent of International Delegations:

The City recognizes the value of developing people-to-people contacts as a way to further international communication and understanding.

Delegations must contact cit y staff at least 60 da ys in advance in arranging meetings , unless waived by the City Manager.

Travel and Program Expenses:

Program Expenses -

The City Council will, as part of its annual budget adoption process, establish a program budget for promotional items for delegations. Promotional gifts shall not exceed the cost of $25 each.

Councilmembers on an official delegation visit to a Sister City or Friendship City typically present a gift to the host city dignitary, such as the Mayor. This host-City dignitary gift should not exceed $200.

Travel Expenses -

International travel shall be at the expense of the traveling Councilmember or any accompanying staff member unless authorized in advance by the City Council. 153
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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
Letter of Intent between
Xuhui District, Shanghai, People’s Republic of China and Cupertino, California, United States of America

This document establishes that Xuhui District, Shanghai, People’s Republic of China and Cupertino, California, United States of America are intent on creating a Friendship City relationship to further develop friendly cooperation and deepen mutual understanding between the two cities.

I. This Letter of Intent states that the two cities will move forward in the future to establish an official Friendship City relationship.

II. The parties agree to jointly promote friendly exchange on the basis of equality and mutual benefit.

III. The parties should exchange information with each other and strengthen the exchange and cooperation in economics, culture, education, innovation and entrepreneurship, and other areas.

Friendship City Representative City of Cupertino Representative Xuhui District, Shanghai Cupertino, California
People’s Republic of China United States of America

Date: Date:
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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
Letter of Intent between
Danzhou, Hainan Province, People’s Republic of China and Cupertino, California, United States of America

This document establishes that Danzhou, Hainan Province, People’s Republic of China and Cupertino, California, United States of America are intent on creating a Friendship City relationship to further develop friendly cooperation and deepen mutual understanding between the two cities.

I. This Letter of Intent states that the two cities will move forward in the future to establish an official Friendship City relationship.

II. The parties agree to jointly promote friendly exchange on the basis of equality and mutual benefit.

III. The parties should exchange information with each other and strengthen the exchange and cooperation in economics, culture, education, innovation and entrepreneurship, and other areas.

Friendship City Representative City of Cupertino Representative Danzhou, Hainan Province Cupertino, California
People’s Republic of China United States of America

Date: Date:
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CITY OF CUPERTINO
Agenda Item
25-14504 Agenda Date: 12/2/2025
Agenda #: 10.

Subject: Amendments to the Fiscal Year (FY) 2025-26 Fee Schedule to establish a new fee for Film Permit Applications and Film Production
Adopt Resolution No. 25-102 to amend the City’s Master Fee Schedule - Schedule A - to establish a new fee for Film Permit Applications and Film Production
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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Amendments to the Fiscal Year (FY) 2025-26 Fee Schedule to establish a new fee for Film Permit Applications and Film Production
Recommended Action
Adopt Resolution No. 25-___ to amend the City’s Master Fee Schedule – Schedule A – to establish a new fee for Film Permit Applications and Film Production Background
On December 2, the City Council is scheduled to conduct the second reading and enact Ordinance No. 25 -2279 to establish Chapter 5.51 to regulate film production in the City . The proposed Ordinance establishes an efficient mechanism for entities desiring to undertake commercial filming in the City , authorizes the City to collect permit fees to recover administrative and operational costs associated with the processing, review, and issuance of film permits.

Reasons for Recommendation and Available Options
The City Attorney’s Office reviewed film permit fees from neighboring cities and others with demographics comparable to Cupertino, considered its own expected costs related to such film activities within the City and developed proposed fees to ensure the City recovers its costs associated with commercial film production within the City. Staff recommends amending the Fiscal Year 2025-26 Fee Schedule A to incorporate the proposed film production fees, as shown in Attachments B and C.

This fee schedule amendment, accompanied with the new Ordinance, will allow the City to establish a permitting procedure that provides a clear process for organizing filming within the City and generates revenue to reimburse the City for its efforts in supporting the commercial efforts of film production activities within the City.

Sustainability Impact
No sustainability impact.

Fiscal Impact
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In adopting the associated fee schedule, future film production within the City should not be a drain on the City’s finances. Revenue collected from this fee will be deposited in the City Manager’s Office Communication Division budget (100-12-126).

City Work Program (CWP) Item/Description
None
Council Goal:

Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager and City Clerk Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager

Attachments:

A – Draft Resolution
B – Exhibit A - FY2025-26 Fee Schedule A - General Fees (Redline) C – Exhibit A - FY2025-26 Fee Schedule A - General Fees (Clean)

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RESOLUTION NO. 25-___

A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING
PREVIOUS RESOLUTION NO. 25-058 FEE SCHEDULE A - GENERAL

WHEREAS, the State of California requires fees charged for service rendered not to exceed the cost of delivering said services; and

WHEREAS, a public hearing has been held to review user fees; and

WHEREAS, in 2023 the City conducted a Cost of Service (User Fee) Study and conducts annual updates pursuant to economic factors discussed in the staff report for this item t o ensure that the fees charged do not exceed the cost of delivering the services; and

WHEREAS, on July 1, 2025 the City Council adopted Resolution 25 -058 approving user fees for the Fiscal Year (FY) 2025 -26 Fee Schedule, to be effective September 1, 2025; and

WHEREAS, the City Council wishes to amend the FY 2025-26 Proposed Fee Schedule A – General Fees.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:

1. Amend the user fees per attached Schedule A, which is attached hereto as Exhibit A to this resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of December, 2025, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

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Resolution No. 25-___

SIGNED:

________
Liang Chao, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2024-25 Fee FY 2025-26 Proposed Fee YOY $ ▲ YOY % ▲
All Municipal Code Parking Violations (including County and State fees) Each $82.81 $85.04 $2.23 2.7% Animal Establishment Permit Each $369.05 $378.98 $9.92 2.7% Annual Lobbyist Registration Fee Per Lobbyist $296.86 $304.84 $7.98 2.7% Bingo Permit Annual $261.41 $268.44 $7.03 2.7%
Business License Database Each $30.42 $31.24 $0.82 2.7% Candidate Statement Fee (County Regulated Fee) Each Current County Registrar Cost
Current County
Registrar Cost
City Administrative Fee Each 15% 15%
Code Enforcement
Abatement/Graffiti Cleanup Each Actual Cost * Actual Cost * Hourly rate Hourly $246.04 $252.65 $6.62 2.7%
Substandard Housing Re-Inspection Each $246.04 $252.65 $6.62 2.7% Community Festivals - One-time Business License (correction) Each $12.88 $13.23 $0.35 2.7% Community Festivals - Business Partners Each $65.72 $67.49 $1.77 2.7% Community Festivals - Additional 10' x 10' space (includes an additional table and 2 chairs)Each $11.85 $12.17 $0.32 2.7% Community Festivals - Non-profit partners Each $11.85 $12.17 $0.32 2.7% Compilation of New Records Each Actual Cost * Actual Cost * Credit Card Transaction Fee Each 3.40% 3.40%
CVC Parking Citation Dismissals Admin Fee (State Regulated Fee) Each $25.00 $25.00 $0.00 0.0% Damage to City Property
Grounds, Streets, Facilities, Traffic Engineering/Maintenance Each Actual Cost * Actual Cost * Dangerous Dog Annual Registration Fee Annual $492.07 $505.30 $13.23 2.7% Sign Each $24.90 $25.57 $0.67 2.7%
Duplicate Business Licenses Each $15.21 $15.62 $0.41 2.7% Event Video Taping/Editing Each Actual Cost * Actual Cost * False Alarms Each $121.68 $124.95 $3.27 2.7%
Farmers Market Each $3.29 $3.38 $0.09 2.7%
Film Permit
Permit Application Fee
Public Property (Movie/TV) Each $0.00 $330.00 $330.00
Private Property (Movie/TV) Each $0.00 $595.00 $595.00
Still Public Property Each $0.00 $373.00 $373.00
Still Private Property Each $0.00 $147.00 $147.00
Rush Processing Each $0.00 $175.00 $175.00
Production Impact Fees
Location within City (Private or Public)(Movie/TV)
35 or Fewer Cast and Crew Daily $0.00 $445.00 $445.00
35 or More Cast and Crew Daily $0.00 $890.00 $890.00
Location within City (Private or Public)(Documentary) Daily $0.00 $355.00 $355.00 City Facility, Park, or City Owned Property (negotiated by City Mngr) Daily $0.00 $1,000.00 $1,000.00 Fingerprinting Processing (State Fee $32 plus County Fee $20) Each $73.09 $75.05 $1.97 2.7% Flea Markets Each $13.94 $14.31 $0.37 2.7%
Public Requests for GIS Printed Maps
Standard pre-formatted maps
Plotted maps Per Map $37.10 $38.10 $1.00 2.7%
Printed maps Per Map $4.95 $5.08 $0.13 2.7%
Custom request maps Per Map Actual Cost * Actual Cost * Prints/plots of aerial photography (see Engineering fees) Per Map Actual Cost * Actual Cost * Handbill Permit Each $246.04 $252.65 $6.62 2.7%
Renewals Each $123.02 $126.33 $3.31 2.7%
Late Payment on 30 Day Delinquent City Invoices Each 12% per annum 12% per annum Massage Establishment Fee (Includes fingerprinting/background check and business start-up inspection) Each $553.58 $568.47 $14.89 2.7% Renewals (Includes two inspections per year) Each $184.53 $189.49 $4.96 2.7% Massage Managing Employee (Includes fingerprint/background check) Each $492.07 $505.30 $13.23 2.7% Renewals Each $184.53 $189.49 $4.96 2.7%
Massage Permit Appeal (Denial/Revocation) Each $1,230.18 $1,263.26 $33.08 2.7% Municipal Code Book Per Book Vendor Invoice Vendor Invoice New Business Monthly Reports Each $45.63 $46.86 $1.23 2.7% Noise Variances/Special Exceptions Each $252.38 $259.16 $6.79 2.7% Notary Fee (State Regulated Fee) Per Signature $15.00/signature $15.00/signature $0.00 0.0% 161
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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2024-25 Fee FY 2025-26 Proposed Fee YOY $ ▲ YOY % ▲
Outside Agency Review / Services Vendor Invoice + City
Admin Fee
Vendor Invoice + City
Admin Fee
Petitions for Reconsideration Each $376.05 $386.17 $10.11 2.7% Permit Update Each $123.02 $126.33 $3.31 2.7%
Photocopies - per sheet
Standard sizes Per Page $0.30 $0.30 $0.01 2.7%
For 11 x 17 sizes or color sheets Per Page $0.69 $0.70 $0.02 2.7% For Large format prints Per Page $34.36 $35.29 $0.92 2.7% Fair Political Practices Commission Per Page $0.10 $0.11 $0.00 2.7% Fair Political Practices Commission (older than five (5) years) Per Page $5.12 $5.26 $0.14 2.7% Property Liens Administrative Fee Each $246.04 $252.65 $6.62 2.7% Returned Check Charge (State Regulated)
First returned check Each $25.00 $25.00 $0.00 0.0%
Subsequent checks Each $35.00 $35.00 $0.00 0.0%
Sign Removal (Public Right-of-Way) (All except Political Signs) Each $25.00 $25.00 $0.00 0.0% Sign Recovery Fee for Political Signs Each $25.00 $25.00 $0.00 0.0% Small Income Business License Each $92.02 $94.49 $2.47 2.7% Solicitor Permit (Includes fingerprinting) Each $492.07 $505.30 $13.23 2.7% Renewals Each $123.02 $126.33 $3.31 2.7%
Taxi Driver Permit (Includes fingerprinting/background check) Each $984.14 $1,010.61 $26.46 2.7% Renewals Each $123.02 $126.33 $3.31 2.7%
Tobacco Retailer (County Regulated Fee)
Application Fee Each Current County Cost Current County Cost Annual Fee Annual Current County Cost Current County Cost Williamson Act Filings Each $145.91 $149.83 $3.92 2.7%
Video/Audio Service
DVD/CD Each $25.76 $26.45 $0.69 2.7%
Flash Drive Each $27.80 $28.55 $0.75 2.7%
* Actual cost is: 1) Fully burdened employee costs as calculated through the 2023 Cost Allocation Plan and 2) cost of materials, contractors, and supplies.
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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2025-26 Fee
All Municipal Code Parking Violations (including County and State fees) Each $85.04 Animal Establishment Permit Each $378.98
Annual Lobbyist Registration Fee Per Lobbyist $304.84
Bingo Permit Annual $268.44
Business License Database Each $31.24
Candidate Statement Fee (County Regulated Fee) Each Current County Registrar Cost City Administrative Fee Each 15%
Code Enforcement
Abatement/Graffiti Cleanup Each Actual Cost *
Hourly rate Hourly $252.65
Substandard Housing Re-Inspection Each $252.65
Community Festivals - One-time Business License (correction) Each $13.23 Community Festivals - Business Partners Each $67.49
Community Festivals - Additional 10' x 10' space (includes an additional table and 2 chairs) Each $12.17 Community Festivals - Non-profit partners Each $12.17
Compilation of New Records Each Actual Cost *
Credit Card Transaction Fee Each 3.40%
CVC Parking Citation Dismissals Admin Fee (State Regulated Fee) Each $25.00 Damage to City Property
Grounds, Streets, Facilities, Traffic Engineering/Maintenance Each Actual Cost * Dangerous Dog Annual Registration Fee Annual $505.30
Sign Each $25.57
Duplicate Business Licenses Each $15.62
Event Video Taping/Editing Each Actual Cost *
False Alarms Each $124.95
Farmers Market Each $3.38
Film Permit
Permit Application Fee
Public Property (Movie/TV) Each $330.00
Private Property (Movie/TV) Each $595.00
Still Public Property Each $373.00
Still Private Property Each $147.00
Rush Processing Each $175.00
Production Impact Fees
Location within City (Private or Public)(Movie/TV)
35 or Fewer Cast and Crew Daily $445.00
35 or More Cast and Crew Daily $890.00
Location within City (Private or Public)(Documentary) Daily $355.00 City Facility, Park, or City Owned Property (negotiated by City Mngr) Daily $1,000.00 Fingerprinting Processing (State Fee $32 plus County Fee $20) Each $75.05 Flea Markets Each $14.31
Public Requests for GIS Printed Maps
Standard pre-formatted maps
Plotted maps Per Map $38.10
Printed maps Per Map $5.08
Custom request maps Per Map Actual Cost *
Prints/plots of aerial photography (see Engineering fees) Per Map Actual Cost * Handbill Permit Each $252.65
Renewals Each $126.33
Late Payment on 30 Day Delinquent City Invoices Each 12% per annum Massage Establishment Fee (Includes fingerprinting/background check and business start-up inspection) Each $568.47
Renewals (Includes two inspections per year) Each $189.49 Massage Managing Employee (Includes fingerprint/background check) Each $505.30 Renewals Each $189.49
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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2025-26 Fee
Massage Permit Appeal (Denial/Revocation) Each $1,263.26 Municipal Code Book Per Book Vendor Invoice
New Business Monthly Reports Each $46.86
Noise Variances/Special Exceptions Each $259.16
Notary Fee (State Regulated Fee) Per Signature $15.00/signature Outside Agency Review / Services Vendor Invoice + City Admin Fee
Petitions for Reconsideration Each $386.17
Permit Update Each $126.33
Photocopies - per sheet
Standard sizes Per Page $0.30
For 11 x 17 sizes or color sheets Per Page $0.70
For Large format prints Per Page $35.29
Fair Political Practices Commission Per Page $0.11
Fair Political Practices Commission (older than five (5) years) Per Page $5.26 Property Liens Administrative Fee Each $252.65
Returned Check Charge
First returned check Each $25.00
Subsequent checks Each $35.00
Sign Removal (Public Right-of-Way) (All except Political Signs) Each $25.00 Sign Recovery Fee for Political Signs Each $25.00
Small Income Business License Each $94.49
Solicitor Permit (Includes fingerprinting) Each $505.30 Renewals Each $126.33
Taxi Driver Permit (Includes fingerprinting/background check) Each $1,010.61 Renewals Each $126.33
Tobacco Retailer (County Regulated Fee)
Application Fee Each Current County Cost
Annual Fee Annual Current County Cost
Williamson Act Filings Each $149.83
Video/Audio Service
DVD/CD Each $26.45
Flash Drive Each $28.55
* Actual cost is: 1) Fully burdened employee costs as calculated through the 2023 Cost Allocation Plan, and 2) cost of materials, contractors, and supplies.
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CITY OF CUPERTINO
Agenda Item
25-14561 Agenda Date: 12/2/2025
Agenda #: 11.

Subject: OpenGov Budget Format Review Presentation and Finalize Recommendations a. Receive Budget Format Review presentation as outlined in the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and 30 b. Approve OpenGov budget format recommendations
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ADMINISTRATIVE SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 • FAX: (408) 777-3109
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Meeting: December 2, 2025

Subject
OpenGov Budget Format Review Presentation and Finalize Recommendations.

Recommended Action

1. Receive B udget Format Review presentation as outlined in the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and

30. 2. Approve OpenGov budget format.

Background
As a best practice, major changes to the City’s budget document and format have historically been presented to the City Council for their review and feedback. Most recently, the City Council approved major changes to the FY14 and FY15 budget documents and its format such as organizational changes, budgeting philosophy, cost allocation and internal service fund changes, added new financial policies, and updated program narratives/format changes. For further details on these changes, please see the FY 2013-14 Adopted Budget pages 9-17 and FY 2014-15 Adopted Budget pages 8-10.

Reasons for Recommendation and Available Options
During the last round of budget preparation for FY 2024-25 review, feedback was received on the budget document from City Council, residents and City staff through budget sessions, community outreach and internal budget meetings. Additionally , the City’s internal auditors identified the need to improve and streamline the annual budget process. That feedback also indicated a need to reassess the City's Performance Measures to focus on outcomes that reflect the City’s priorities rather than workload indicators.

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2 The graphic below provides a high level-level overview of key dates related to the Budget Format Report and Implementation Action Plan (IAP).

In fall 2024, the City engaged Baker Tilly US, LLP to condu ct a comprehensive review of its Budget Document and Performance Measures. The primary objective of this engagement was to enhance clarity and accessibility, to strategically align the City's annual budget document, and to improve the effectiveness of performance measures in tracking progress toward key citywide goals.

On March 4, 2025, the Draft Budget Format IAP was presented to the City Council. This plan included 32 recommendations that were prioritized 1 -3, with 1 being the highest priority.

At the March 4, 2025 meeting the City Council recommended the following edits to the draft IAP, with staff committing to bring back an updated IAP before the next budget adoption:
 Item 12, Remove the full financial policies to retain in an appendix with the budget and any revision dates
 Item 15, Review the architecture and links in OpenGov to ensure accuracy  Item 18, Eliminate the program budget information in the departmental sections (pages 23 to 29) – Hold off on this for a while
 Capital Improvement Program (CIP) item - set as a priority one, if possible 167
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3  Quarterly tracking of the CIP priorities - set as a priority two instead of priority three
 Item 26, Special Projects Policy - set as a priority one instead of a priority three  Conduct a study session to review the Performance Measures Updates in Q1

On April 28, 2025, the updated IAP was presented to the Audit Committee and forwarded to City Council.

On May 6, 2025, the Final Budget Format IAP was presented to the City Council. Staff then began to address Priority 1 and 2 items as listed in the IAP.

On July 28, 2025 , the Audit Committee formed a Budget Format S ub-Committee which has met four times since its formation. The topics of discussion at these Sub-Committee meetings included:

 Review, provide, and finalize budget format changes based on sample OpenGov Budgets from other agencies and the draft Proposed FY 2025-26 Budget  Review, provide, and finalize CIP budget format recommendations  Explore options for a budget format informational video  Draft and Publish Interactive Budget Format Community Survey  Create a Budget Format Focus Group for additional feedback on prototype OpenGov budget format

Staff worked with the Budget Format Sub-Committee to create an Interactive Budget Format Survey to gather the community’s feedback to help guide the City’ s transition from presenting the annual budget in a static PDF format to a more interactive and accessible format using OpenGov Stories. This survey was distributed from September 23, 2025 through October 14, 2025.

A high-level overview of the survey results are as follows:

Highest Areas of Concern Staff Response
See a clear breakdown of revenue vs
expense

Pg. 63 Financial Overview by Fund and
pgs. 77 -82 General Fund Financial
schedules

See department accomplishments

A full list of accomplishments is included
in each department section

See a specific spending category

Can be found at the beginning of every
department page such as pg . 138 and
pg.141 or OpenGov)

Reliability of Data PDF + Freeze numbers option in OpenGov 168
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4 Highest Areas of Concern Staff Response
Eliminating the PDF document The PDF document will still be available Ease of finding information* *This was discussed in the Budget Format group
Loss of content Will have all the information plus more Data presentation Will mostly mirror the budget book , but we will look to enhance with drill down
capabilities
Year over Year Comparisons book and OG

Found on every department and program
page such as on pg. 138 and pg. 141
Charts and graphs showing spending

Found on every department page such as
on pg. 137 and available on OpenGov
Explanatory notes or pla in language
summaries
Each program has its own summary
section such as pg. 140
Ability to filter by department

Currently have in OpenGov transparency
portal and each department is shown
separately in the budget
Searchable line items or categories Currently have search option through filters in OpenGov transparency portal,
but will try to enhance this feature
Downloadable option for detailed data Currently have in OpenGov Mobile-friendly Currently available in OpenGov draft but will enhance this feature

The Budget Format Focus Group – consisting of 5 community members in addition to the Budget Format Sub-Committee – met on October 15, 2025 . This Focus Group discussed the City’s transition to a more interactive and accessible format using OpenGov Stories.

During the session, the group reviewed results from the Budget Format Survey. The goal of this Focus Group was to collect community feedback on the interactive budget and ensure it met residents’ needs.

The following are highlights and takeaways from the Focus Group meeting:

 There was concern about whether staff would keep the PDF version of the budget document. Staff confirmed that the PDF will still be available, and a dded an interactive budget as an additional option.
 Searchable line items or categories are useful
 Enhanced Artificial Intelligence options should be provided  Charts that show up as images are not mobile-friendly

Below is a high-level overview of what enhancements have been made from the PDF document to the current draft online OpenGov version:
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5  Created an interactive table of contents linking to all budget sections  Embedded individual Financial Policies as PDFs
 Inclusion of the CIP book
 Created navigation menu pages for departments and divisions  Added links to CIP dashboard and CWP dashboard on the City Strategic Vision and Council Goals page
 Added division summaries

On October 27th, 2025, the Audit Committee received the Budget Format Review presentation and recommended the OpenGov Format for Council consideration at tonight’s meeting. The draft OpenGov version is not available to the public as staff is awaiting Council approval.

The link below contains a video that provides a high-level overview of the recommended budget format changes utilizing OpenGov stories:
https://records.cupertino.org/WebLink/Browse.aspx?id=1219796&dbid=0&repo=CityOfC upertino
Next Steps
With Council approval, staff will implement the budget format items as listed in the Budget Document and Performance Measures Improvements IAP. Staff anticipate publishing the FY 2025 -26 Adopted Budget in OpenGov stories in the first half of 2026.

Council's approval of tonight’s recommendations marks the first step in addressing items outlined in attachment B, with additional updates to come as the work progresses.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None.

Council Goal:

Public Engagement & Transparency 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, City Manager
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6 Attachment:

A – Sample Current Budget: Council & Commissions Department Overview through budget financials page
B – Budget Format Implementation Action Plan
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ATTACHMENT A
Council and Commissions Budget Example - Current PDF Document 172
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/72 /73 /74 /75 /24 /i255 /76 /77/74 /18 /41 /i255/78/28/61 /26 /48 /79/73/20 /20 /80 /i255 /81/18/18 /82 /21 /83 /i255 /84 /47 /54 /32 /i255/78/28/61 /26 /48 /85 /86 /87 /86 /i255 /88 /82 /23 /21 /75/41 /i255 /57 /26 /35 /34 /54 /47 /29 /i255/78/32/89/60/32 /48 /90 /77 /21 /73 /91 /74 /i255 /81/18 /77 /74 /75 /41 /i255 /57 /26 /35 /34 /54 /47 /29 /i255/78/32/89/60/32 /48 /87 /74 /80 /i255 /92/74 /75/24 /41 /i255 /57 /26 /35 /34 /54 /47 /29 /i255/78/32/89/60/32 /48 /52 /93 /i255 /49 /39 /49 /94 /55 /49 /40 /i255/95/46/26 /45 /27 /32 /46 /i255 /53 /35 /46 /65 /32/27/57 /26 /35 /34 /54 /47 /29 /i255 /28 /34 /46 /i255 /57 /26/89/89/47/36 /36 /47 /26 /34/36/38 /51 /50 Council and Commissions Budget Example - Current PDF Document 173
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan

April 2025
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan Baker Tilly

1 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
1  Ensure the document includes a title page, improved table of contents, consistent layout and orientation.
 Review the budget document for consistent formatting including font, font size, page orientation
 Ensure title page and table of contents are properly formatted 1 Admin Services  FY26 Implementation
2   Isolate the Budget Message as a standalone section.   Move the Strategic Goals Budget Message section to the front of the document in the Introduction Section
2  Admin Services  FY26 Implementation
3   Incorporate the City’s Mission in the Budget Guide section with the Strategic Goals subsection and move them to the Introduction section after the City’s organization chart.
 Condense the City’s Mission in the Budget Guide section areas of the Budget Message
 Move to the introduction section
2  Admin Services  FY26 Impleme ntation
4   Eliminate the Notable Accomplishments and New Initiatives sections by condensing its content into a bulleted one or two sentence description for each accomplishment and relocate each relevant accomplishment to the respective Department section.
 Condense Notable Accomplishments and New Initiatives sections into small bulleted or narrative list by Department
 Move ea ch  bulleted description into relevant Department section
 Remove Notable Accomplishments and New Initiatives sections 2  Admin Services  FY26 Implementation
5   Summarize high‐level notable accomplishments and new initiatives within the City Manager’s Budget Message
 Summarize high‐level notable accomplishments and new
initiatives into a small paragraph
 Put this paragraph in the City Manager’s Budget Message 2  Admin Services/
City Manager’s
Office
FY26 Implementation
6  Elevate the Budget Overview subsection as its own section in the budget document.
 Add the existing Budget Overview subsection as it’s own new section
 Include the following subsections:
o Budget Roadmap,
o Changes to the Budget and Policies,
o Budget by Fund,
o Service‐Level Reductions,
o Special Projects,
o Current Ec
onomic Update,
o Key Budget Assumptions, and
o Ongoing Challenges
2  Admin Services  FY26 Implementation

1Priority 1: Important to accomplish without delay and/or easy to accomplish.

Priority 2: Second tier of importance to accomplish and/or may involve some complexity or time to complete.

Priority 3: Least urgent to complete and/or may take longer to set‐up or to execute. 2To establish clear accountability there should be a single manager assigned responsibility for completing implementation of each recommendation. Where more than one manager is identified in this column, responsibility should be clarified when the Final Action Plan is prepared.
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan Baker Tilly

2 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
7   Report Department reductions at the summary level and refer to the Department section for further detail.
 Use the newly created Budget Overview section in
Recommendation #6 to create a four page narrative
 Refer to the individual Department sections for further detail 2  Admin Services  FY26 Implementation
8   Complete and publish the FY 2024‐25 Budget at a Glance document to summarize the budget for the casual user.
 Publish the above four page narrative from Recommendation #7 as a separate City’s Budget at a Glance document
2  Admin Services  April 2025
9   Move the Mission Statement to the strategic goals section.   Move the Mission Statement  from the Budget Guide section to the Strategic Goals section.
2  Admin Services  FY26 Implementation
10   Move the Elements of the Budget Document, Glossary of Budget Terminology, Commonly Used Acronyms, and
Revenues/Expenditures/Fund Balance Table to the Appendix.  Move the following Elements of the Budget Document to the appendix
o Glossary of Budget Terminology
o Commonly Used Acronyms
o Revenues/Expenditures/Fund Balance Table
2  Admin Services  FY26 Impleme ntation
11   Eliminate the City Profile, Education, Programs and Applications, Community and Recreation Services and Things to Do and See subsections of the Community Profile section from the budget document.
 Remove the following subsections of the Community Profile section
o City Profile
o Education
o Programs and Applications
o Community and Re creation  Services
o Things to Do and See
2  Admin Services  FY26 Implementation
12   Update all policies to provide a summary of the policy and include a link to the official policy on the City’s website.
 Remove the full financial policies from the budget document to retain in an appendix with the budget and any revision dates  Include a summary of the rel evant  financial policies and a link to the full policy on the City’s website
3  Admin Services  FY26 Implementation
13   Eliminate the Flow of Funds Chart and replace it with a narrative description of how taxes are used to fund City services within the Budget Overview section of the budget.
 Eliminate the Flow of Funds Chart in the All Funds Financial Schedule section
 Include a narrative of how tax es  are used to fund City services within the Budget Overview section
3  Admin Services  FY28 Implementation
14  Revise the General Fund Contribution Schedule subsection to include a brief narrative of General Funds resources that are being contributed to other funds, refer to the General Fund Transfers subsection, and eliminate the existing table.
 Develop a draft narrative summary for City Manager’s Office review and feedback
 Eliminate th e  existing table of the General Fund Contribution Schedule in the General Fund Financial Schedules sections  Refer to the General Fund Transfers subsection in the narrative 2  Admin Services  FY27 Implementation
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan Baker Tilly

3 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Publish the updated section for incorporation into the annual budget document
15   Refer the reader to the Department section or OpenGov for further detail.
 Review architecture and links in OpenGov to ensure accuracy and usability of financial schedules that provide the same or similar information as in the current budget document
 Make revisions to OpenGov as required
 Modify text re ferences  in the General Fund Financial Schedules section in each department to direct readers to the department sections, appendix and/or OpenGov
 Condense Revenues section detail
 Add reference to Open Gov to show further detail
2  Admin Services  FY27 Implementation
16   Condense the General Fund Revenues to provide an overview of the key revenue sources, and include the more detailed descriptions and analysis in the General Fund Forecast subsection.
 Develop a revised draft of a condensed General Funds revenue section (e.g., start with an outline, then complete a draft based on prior bu
dget)
 Move the more detailed descriptions and analysis in the General Fund Forecast subsection
 Ensure consistency in formatting and align structure across both sections for clarity
 Publish the updated section as part of the draft budget 2  Admin Services  FY26 Implementation
17   Review each Department section to include the following components:
1) Department description; 2) Organizational chart (by division/program including number of assigned personnel FTE equivalents); 3) Personnel summary (subtotals by position); 4) Key priorities, with emphasis on how they achieve the citywide strategic plan/priorities; 5) Performance measures with a reference to key dep artmental  priorities and citywide strategic plan/priorities; and 6) Revenue and Expenditure summary by division/program and by expenditure type (personnel costs, materials and services, capital outlay, etc.).
 Review each Department section to ensure there is consistency in including the following components:
o Department description
o Organizational chart
o Personnel summary
o Key priorities
o Performance measures
o Revenue and Expendit
ure summary
3  Admin Services  FY27 Implementation
18   Eliminate the program budget information in the Department sections and refer the user to OpenGov to obtain further detail.  Eliminate the program budget information in the departmental sections
 Add reference to Open Gov for the reader to obtain further detail at the program budget level
2  Admin Services  Per Council hol d off on this for
awhile.

FY27 Implementation
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan Baker Tilly

4 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
19   Develop a minimum five‐year Capital Improvement Plan (CIP) and incorporate the CIP plan into the budget document.
 Develop the Capital Improvement Plan should be created and include the following elements:
o CIP Overview
o CIP Process that explains the definition of a
project and the planning process
o Project descriptions
o Finan
cial Summary by Year
o Funding Availability
 The CIP should be included as part of the annual budget with similar timelines so that the recommended operating and capital budgets are published within the budget schedule.
1  Public Works/
Admin Services
FY26 Implementation
20   Affirm primary responsibility and lead role of the development of the CIP Plan to Public Works as a shared responsibility and collaboration with other departments.
 Assign the lead role of development of the CIP to the Public Works Department
 Conduct cross‐departmental CIP meetings to ensure input is received

 Develop a department coordination framework that defines roles, responsibility for input and collaboration
 Discuss and disseminate the framework with departments.  Conduct periodic check‐ins on CIP plan development to include the City Manager, and representatives from Public Works and Administrative Services
1  City Manager’s
Office, delegated
to Public Works
FY26 Impleme
ntation, internal
Standard Operating Procedure
(SOP)
21   Assign compilation and publication of the CIP Plan section of the budget document to the Administrative Services Department’s Budget division.  Assign the lead role of compilation and publication of the CIP to the Admin Services Department
 Standardize CIP formatting and structure to ensure consistency in CIP descriptions, budget pr ojections  and reporting  Establish a review and submission timelines for the draft and final CIP version in the context of the broader budget process  Collaborate with Public Works to inform final development of the finalized CIP plan
 Incorporate the capital budget in the recommended budget document.
1  City Man ager’s
Office, delegated
to Admin Services
FY26 Implementation
22   Complete the FY 2024‐25 Capital Budget and issue as Volume 2 of the current adopted budget.
 Complete the FY 2024‐25 Capital Budget already in progress (performed by Public Works)
1  Public Works/
Admin Services
Completed April 2025
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan Baker Tilly

5 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Issue the Capital Budget as Volume 2 of the current adopted budget.
23   Provide clear quarterly tracking of CIP priorities, progress, and alignment with Council work programs.
 Develop a quarterly reporting framework to define reporting element such as progress tracking, estimated time of
construction and completion, and tracking against budget  Establish a reporting calendar to set quarterly review deadlines on City Co uncil  agendas
 Implement the CIP progress reporting
 Check‐in with City Council and department leaders to evaluate CIP progress reporting and opportunities to improve it
2  City Manager’s
Office, delegated
to Public Works
FY27 Implementation
24   Create a detailed appendix for fund transfers, enterprise funds, and grant funding usage.
 Create a framework to report the following:
o Fund transfers
o Enterprise funds
o Grant funding
 Compile the fund transfer and grant data to document all sources and uses of funds
 Publish the developed repor t(s)
2  Admin Services  FY27 Implementation
25   Ensure all appropriated funds and consulting services are tracked and reported against original purposes.
 Review current trancking mechanisms and implement any necessary changes based on feedback received from City
Councilmembers regarding past reports
 Review the current expense report that shows budget and actual expenditures for all appropriated funds
 Create a re
port in OpenGov that highlights the consulting
services expenses compared to the original budget.
 Keep clear documentation of all consulting services budgets. 3  Admin Services  FY28 Implementation
26  Develop and implement a Special Projects policy to address such issues as definitions, approval authorities, timelines, projects spanning multiple fiscal years, budget carryovers for projects extending into a subsequent fiscal year, and periodic reporting timelines and form.  Develop a special projects policy that addresses:
o Definition of special projects
o Form of re
porting
o Frequency of reporting
o Follow‐up on items and direction from City
Council
1  City Manager’s
Office
Completed April 2025
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan Baker Tilly

6 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
27  Review the City’s annual budget resolution and/or expenditure and budget policies to ensure they align with City Council authorities provided to the City Manager or designee in managing the annual budget, including use of contracted and/or consulting services to achieve the City’s annual service delivery goals expressed in the adopted bud
get.
 Review the City’s annual budget resolution and/or expenditure and budget policies to ensure the following:
o Authorities provided to the City Manager
o Use of contracted or consulting services
 Make any changes or updates as needed
1  City Manager’s
Office
FY26 Implementation
28   Review the City’s current budget community engagement strategy with the City Council to ensure it is successfully meeting the needs for identifying community priorities and to inform the community about how City services are funded.
 Present the City’s current budget community engagement strategy to the City Council
 Solicit fee dback  on additional community engagement strategies  Make any changes or updates as needed
1  City Manager’s
Office
FY26 Implementation
29  Review educational content on the budget’s role as a financial planning tool and document in light of any changes to the  engagement strategy using easy‐to‐understand content and graphics.
 Review the proposed changes to the community engagement strategies
 Update educational content and engagement strategy with easy‐ to‐un derstand  content and graphics based on proposed changes 1  Admin Services/
City Manager’s
Office
FY26 Implementation
30   Leverage tools like OpenGov to create interactive, department‐focused summaries for each user type including the community, council and staff.
 Review the current OpenGov design and layout for departments and solicit feedback for improvements
 Move the current year so the newest information is listed first on the main pa ge
 Develop content based on the needs of the community and council
  Include links in the budget document to OpenGov to create more tailored content
1  Admin Services  FY27 Implementation, will
need more time to develop
and implement this
recommendation
31   Develop a citywide strategic plan that includes a review of the core values, mission and vision by the City Council to form the appropriate strategic goals and priorities for the organization and its operating departments.
 Determine if the strategic plan will be done with assistance from consultants or in ho use
 Work with City Council to create a city‐wide strategic plan according to the following framework
o Core Values
o Mission
o Vision
o Organizational Goals
o Organizational Strategies
o Strategic Priorities
o Personal Priorities
1  City Manager’s
Office
FY26 Implementation, a FY26
Proposed Budget request will
be made for dollars to
complete a str
ategic plan.
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan Baker Tilly

7 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Incorporate strategic plan into planning for the budget document and performance measures
32   Establish performance standards for each performance measure and reevaluate at least biennially.
 Review Baker Tilly’s suggested performance measures by Department
 Obtain City Council approval on the set of performance measures to be implemented, informed by the Baker Tilly report and any subsequent creation of a citywide strategic plan  Identif
y roles and responsibilities within each department to
identify the metrics to be tracked, gather the data, and develop the reports
 Implement a tracking mechanism by developing a reporting structure to monitor compliance and effectiveness (e.g., quarterly, semi‐annually)
 Create a process for reviewing performance and updating performance measures with the Cit y Council periodically (semi‐ annually) and as part of the annual budget process
1  City Manger’s
Office, delegated
to each
department
FY26/FY27 Implementation
this will follow the strategic
plan to ensure alignment with
City Council vision and
priorities
33  Conduct a study session to review the Performance Measures update in Q1
 Review updated performance measures
 Bring to City council as a study session
1  City Manger’s
Office, delegated
to each
department
FY26/FY27 Implementation,
this will follow the strategic
plan to ensure alignment with
City Council vision and
priorities.

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CITY OF CUPERTINO
Agenda Item
25-14567 Agenda Date: 12/2/2025
Agenda #: 12.

Subject: Conduct Study Session on the Mary Avenue Project (“Project”), including project history, project siting, the conditional transfer of City-owned property rights, affordability restrictions, and remaining steps prior to entitlement and closing on the Project; and 2) Consider Appointing Negotiator(s) for the possible transfer of certain rights to City-owned property (APN: 326-27-053), in the form of a ground lease or a sale with the City’s future right to repurchase
Consider Mary Ave. project and provide direction on next steps including appointing the City Manager and Interim City Attorney as Negotiators with the Nonprofit Public Benefit Corporations Cupertino Rotary Housing Corporation, Housing Choices Coalition for Persons with Developmental Disabilities, Inc., and Charities Housing Development Corporation of Santa Clara County (collectively, the “Developer”), regarding the possible transfer of property rights in the form of a ground lease or sale with the City’s future right to repurchase on terms established by the City Council
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
powered by Legistar™
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1 COMMUNITY DEVELOPMENT DEPARTMENT
CITY ATTORNEY’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Study Session on Mary Avenue project (“Mary Ave.” or “Project”) with history, timeline, status, and recommended next steps
Recommended Action
Consider Mary Ave. project and provide direction on next steps Executive Summary
Over the past five years the City has been planning a housing project to accommodate the Intellectually Developmentally Disabled (“IDD”) population with Extremely Low Income (“ELI”) housing units and subsequently issued a Request For Proposal (“RFP”) for s uch development.

The project was initiated at City Council direction through the City Work Program. The Cupertino Rotary Housing Corporation, Housing Choices Coalition, and Charities Housing were, together, the sole respondent to that RFP. In April 2025, t he City authorized just over $4 million in funding for the Project. In July 2025, the City received an Article 34 allocation from the County of Santa Clara, satisfying the State Constitutional requirement that voters approve the use of public funds for such housing.

Now, various additional City approvals will be required to enable the development, including entering into an agreement to transfer certain real property rights to the developer via a sale or ground lease, vacating certain interests in the City right -of-way, filing a declaration with the California Department of Housing and Community Development’s (“HCD”) stating that the property is exempt surplus land owned by the City that will be used for below market rate housing, and issuing the entit lements under the State’s housing laws and the City’s municipal code.

Project History
Starting with the Fiscal Year (FY) 2019 -20 City Work Program, the City has included a project item to engage with philanthropic organizations to find a way to facilitate the construction of ELI housing units for the IDD populations within the City. Specifically, the objective had been to explore the possibility of building six to eight affordable ownership townhomes for this population. During the FY 2021-2022 City Work Program update, the project objective evolved to 196
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2 analyze the feasibility of developing housing for this target population on City owned property within the public right -of-way along Mary Avenue. Since this time, the City has taken the following actions to address the City Work Program item:

 March 10, 2021 – City sought legal counsel regarding the requirements of the Surplus Land Act and its applicability to the Project.

 December 15, 2021 – Execution of a Permanent Local Housing Allocation Consortium Agreement with County of Santa Clara (relevant to funding of Project).

 December 22, 2021 – Execution of a First Amendment to Permanent Local Housing Allocation Consortium Agreement with County of Santa Clara.

 March 15, 2022 – City Council directed staff to initiate the RFP for the Project, specifically pointing out that Council would like the Project to be developed as 100% affordable with a preference for the IDD population, and to provide flexibility to staff members compiling the RFP to optimize our chances of having a successful project. The draft parcel map was introduced to the City Council as well as the steps necessary to transfer the City-owned property in compliance with the Surplus Land Act. The motion was carried unanimously.

 August 18, 2022 - an RFP was circulated to qualified housing developers.

 October 10, 2022 - the first draft of the Housing Element was made public with the Mary Avenue parcel identified as a Housing Element Site.

 October 18, 2022 - the City received a single response to the RFP submitted jointly by The Cupertino Rotary Housing Corporation Housing Choices Coalition, and Charities Housing.

 May 2, 2023 – Parcel Map recorded

 February 6, 2024 - City Council unanimously approved an Exclusive Negotiating Agreement.

 April 9, 2024 - Execution of Exclusive Negotiating Agreement.

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3  May 14, 2024 - City Council adopted the 6th Cycle Housing Element, which designated this site as a Priority Housing Site (HE Site 10), with an R4 zoning designation and a residential density of 50-65 DU/acre.

 September 4, 2024 – City Council authorized the remaining budget amount (up to $235,000) to evaluate the proposal received for the City-owned property on Mary Avenue. The motion passed 4-0-1, with one Councilmember absent.

 September 4, 2024 - HCD notified the City that the Housing Element adopted by the City Council on May 14, 2024, is in compliance with the State Housing Element Law. This included the Mary Avenue parcel as a Housing Element Site.

 April 3, 2025 - Charities Housing applied for an Architectural and Site Approval (ASA- 2025-006) consistent with the Municipal Code requirements for Housing Element Sites that are over 20% low-income units.

 April 15, 2025 – City Council authorized an allocation of $4,083,250 of cash assistance for the Project. The allocation is comprised of $3 million of funds from the City’s BMR Affordable Housing Fund, $908,683 of Permanent Local Housing Allocation (“PLHA”) funds, and $174,567.37 of Community Development Block Grant (“CDBG”) funds to be used for public infrastructure improvements. These three allocations provided a total of $4,083,250 in cash assistance to the Project.

 July 15, 2025 – City Council conducted a Study Session on the Project. City Council adopted a motion (3-2) to allow the project to proceed as previously described; to address the newly raised Article 34 issue; and to address the questions of parking in an additional informational memo.

 July 29, 2025 – Article 34 allocation awarded from County of Santa Clara to Charities Housing for Mary Ave Project.

The proposal envisions a 100% affordable, 40-unit, two-story, rental housing development project on city-owned surplus property of approximately 0.79 acres along the Mary Avenue right -of- way, adjacent to Highway 85. The individual apartments will be a mix of studio, one-, and two- bedroom units with one three -bedroom staff unit. The proposal is structured as a special needs project which requires a minimum of 45% ( 19 units) to be reserved for the special needs population, in this case, IDD. The remaining 21 apartments will serve extremely low and very low-income residents of the community. The affordability levels of the proposed units will range from 30% to 60% of the Area Median Income (AMI). The Mary Avenue right-of-way will be modified to accommodate the proposed development, as well as maintain the sidewalk, bike lanes, and vehicle lanes along Mary Avenue . A pproximately 79 of the existing angled street 198
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4 parking spaces located along the west side of Mary Avenue, including those within the limits of the parcel, will be replaced by 33 parallel spaces in the right-of-way. Along the eastern side of Mary Avenue, 43 parallel parking spaces will also be removed, resulting in a net on-street parking loss of 89 spaces (79+43 -33 spaces). Please reference Attachment H – Existing Conditions and Demolition Plan to review an outline of the parcel and the existing parking on the westside of Mary Avenue. Bike lanes in both directions will continue to be provided, with the addition of a sidewalk in front of the Project where one does not exist currently.

Charities Housing has proactively conducted three community outreach efforts at the Quinlan Center on the following dates and locations:
 Community Listening Session #1, July 23, 2024
 Community Listening Session #2, January 28, 2025
 Community Open House, September 11, 2025
Financial Status
The City engaged an independent firm to assess the reasonableness of the developer’s pro forma assumptions and inputs in order to analyze the Project’s financial feasibility and need for a financial subsidy from the City. The review concluded that the developer’s pro forma was reasonable. As the Project has developed, changes have been made to the Project and the developer’s financial position, necessitating updates to the pro forma. The City has committed the following financial support for the Project:

1. The sale of the property under a Disposition and Development Agreement (“DDA”) for the nominal price of $1 with a repurchase option under certain circumstances or a long- term Ground Lease with nominal rent.

2. A hard money loan of approximately $3 million from the City’s BMR Fund with repayment at 3% simple interest per annum. Payments commence once the Project achieves positive cash flow, with accrued interest capitalized until such time.

3. A payment of $908,683 in PLHA funds for predevelopment expenses.

4. CDBG grant funds in the amount of approximately $174,567.37.

5. City is waiving Park Development Impact Fees in the amount of $2.16 million.

Current State of Project
On April 3, 2025, Charities Housing applied for an Architectural Site Approval (ASA -2025-006).

The application was deemed complete on September 4, 2025. Currently, the application is being reviewed for consistency with the objective standards as set forth in the General Plan and the R4 Zoning District, as well as being reviewed by Public Works, Cupertino Sanitary, and the Santa Clara County Fire Department. Before California's 2025 Building Code takes effect on January 1, 2026, the applicant is hoping to su bmit building plans for review with the understanding that permit issuance will be subject to Project approval by City Council.

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5 The 2026 California State Low Income Tax Credit program application deadlines have not yet been confirmed. However, the tentative deadline to apply for 9% tax credits is anticipated to be April 7, 2026, or another date in early Spring. There are two rounds of applications per year, with the next available date being July 21, 2026. In order to have a competitive application and ensure the success of the project, it is optimal to have the City’s financial commitments, funding loans, and transfer of property rights executed by late February 2026. Execution of regulatory documents, such as affordability restrictions , shall be complet ed concurrently with closing.

Adhering to this schedule will allow Charities Housing, as the developer, enough time to prepare a successful application.

Legal Questions

Vacation

1. The Streets and Highways Code (“SHC”) (§8300 et seq.) does not establish any specific timing requirements regarding when a non-summary vacation must occur within a broader project or transactional timeline, as long as it is completed prior to disposition of the property. Accordingly, the City remains within the permissible timeframe to undertake the vacation process and plans to do so at the appropriate stage.

2. The SHC sets forth two vacation procedures: a summary vacation and a non-summary vacation. Because the property does not qualify for the summary procedure, this Staff Report addresses only the non-summary vacation process. Govt. C §66434(g) also allows for abandonment of public streets and public easements through the filing of a map in lieu of the formal vacation process under the SHC; however, such subsection does not apply to this Project and therefore is not discussed herein.

3. The non-summary vacation procedure is as follows:

a. Planning Commission: If the City’s general plan applies to the property that is proposed to be vacated, then the proposed vacation must be submitted to the planning commission for review pursuant to Government Code (“Govt. C”) §65402(a); SHC §8313. The Planning Commission must make a report regarding the conformity of the proposed street vacation with the City’s general plan within 40 days of submission unless a longer period of time is designated by the City Council pursuant to Govt. C §65402.

b. Notice: After the Planning Commission’s finding of conformity, the City Council may initiate proceedings by setting a hearing pursuant to SHC §8320. A notice which sets forth the time and place of the hearing must be (i) published in a daily, semiweekly, or weekly newspaper (SHC §8322), and (ii) posted along the street line no more than 300 feet apart, with at least three notices posted. SHC §8323. The hearing must be held at least 15 days after the publication and posting of the notice. SHC §8320. Additional requirements are imposed for streets exceeding 1 mile which do not apply here and have therefore been omitted.

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6 c. Hearing: At the hearing, City Council must hear evidence presented by interested persons. SHC §8324(a).

d. Resolution: If the street is found to be unnecessary for present or prospective public use, the City Council may adopt a resolution vacating the street. The resolution may (i) impose conditions of approval (SHC §8324(b)), and (ii) reserve from vacation any easements related to future sewers, storm drains, other utilities, future streets, existing utilities, future vehicular and nonvehicular trails for use by the public. SHC §8340. A certified copy of the resolution must be recorded. SHC §8325(a). From the date of recordation and compliance with any applicable conditions, the vacation is complete. SHC §8325(b).

Surplus Land Act

1. The Surplus Land Act (“SLA”) is codified in Govt. C §§54220-54234 and implemented in accordance with the HCD’sSurplue Land Act Guidelines (“HCD Guidelines”). The SLA does not impose a specific deadline for a local agency to designate property as surplus land or exempt surplus land as long as it is completed prior to disposition of the property. Accordingly, the City remains within the permissible timeframe to make the required SLA declaration. Common municipal practice is for the City making the exempt surplus land determination to do so concurrently with approval of the DDA.

2. The SLA sets forth two procedures, one for surplus land and another for exempt surplus land. The Project was structured from inception to qualify as exempt surplus land.

Therefore, the procedures for surplus land shall only be described to the extent that it is relevant in clarifying questions that have arisen from the public. However, please note that an exhaustive description of the procedure for surplus land is not included herein.

3. The determination of whether the Project is surplus land or exempt surplus land is made based on the following:

a. Surplus land is defined in Govt. C §54221(b)(1) and HCD Guidelines §102(dd) as “land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use. Land shall be declared either ‘surplus land’ or ‘exempt surplus land,’ as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures.”

i. Disposition of surplus land must comply with Govt. C §54222 and Articles II and III of HCD Guidelines. These requirements include, among other things, issuing a Notice of Availability to all entities that have filed a statement of interest with HCD, adhering to prescribed negotiation procedures and restrictions, following the required prioritization of qualifying proposals, and engaging in a good-faith negotiation process.

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7 b. Section 103(a) of the HCD Guidelines, exempts surplus land from compliance with Articles II and III of such guidelines (a more detailed description of the process of exempt surplus land is included in Section 4 below). The Project was structured from its inception to meet the requirements for an exemption. The Project likely qualifies for either of the following two exemptions from the SLA:

i. Surplus land that is transferred pursuant to Govt. C §§25539.4 or 37364, Govt. C §54220 (f)(1)(A), and

ii. Surplus land that is to be developed for a housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in §50079.5 of the Health and Safety Code (“HSC”), with an affordable sales price or an affordable rent, as defined in HSC §50052.5 or HSC §50053, for a minimum of 55 years for rental housing, land use for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located. Govt. C §54220 (f)(1)(F)(i).

4. The procedure for exempt surplus land is as follows:

a. Declaration of Exemption: The exemption of surplus land can be effectuated in one of two ways:

i. The City Council may declare the property to be “exempt surplus land” at a regular public meeting and the declaration must be supported by written findings demonstrating that the land meets the requirements of the applicable exemption. Govt. C §54221(b)(1), HCD Guidelines §103(c).

ii. The City may identify the land in a notice that is published and available for public comment, including notice to the entities identified in Govt. C §54222(a) and HCD Guidelines §201(a), at least 30 days before the exemption takes effect. Govt. C §54221(b)(4), HCD Guidelines §103(c)(1).

The notice must include the information required in HCD Guidelines §400(e)(3).

b. Notice to HCD: The City must provide HCD with a copy of the resolution (or other document recording formal action) declaring the property exempt surplus land, written findings supporting such a declaration, and a copy of the DDA at least 30 days prior to disposition. HCD Guidelines §§103(c)(2)(A), 400(e)(1-4).

Disposition and Development Agreement (Not Development Agreement)

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8 1. A Development Agreement is a contract authorized by Govt. C §65864 et seq. that allows a city and a developer to vest development rights and “freeze” applicable land use regulations as of the date of the agreement’s approval. Development Agreements were historically created to provide certainty to developers, particularly for multi-year projects, by protecting them from subsequent changes in zoning or other land use regulations. State law establishes a defined approval process: the agreement must be consistent with the City’s General Plan and applicable policies, must undergo a noticed public hearing before both the Planning Commission and the City Council, and must ultimately be approved by ordinance.

2. A Disposition and Development Agreement is not created under a specific statutory scheme; it is a contract governed by general contract principles and the City’s discretionary authority to dispose of property. A DDA typically combines elements of a purchase and sale agreement with detailed development obligations, such as required improvements, performance milestones, affordability or public benefit requirements, and remedies for nonperformance. Because DDAs are contractual rather than statutory, there is no prescribed approval procedure beyond the City’s standard requirements for approving contracts involving the conveyance of public property. Generally, such process involves City Council approval at a noticed public meeting. The form of approval is typically a resolution authorizing the City Manager to execute the agreement unless a local ordinance requires otherwise.

Entitlements

1. State housing law, including the Housing Accountability Act (Govt. C §65589.5), the Housing Crisis Act of 2019 (SB 330, Govt. Code §66300 et seq.), SB 35 (Gov. Code §65913.4), and Housing Element Law (Gov. Code §65580 et seq.) provides a framework that guides local decision-making on housing development. These laws establish objective standards and timelines for certain housing projects, encourage the City to maintain adequate zoning capacity to meet regional housing needs, and limit discretionary actions that would conflict with these objectives. Within this framework, the City Council retains discretion to review and shape projects, while also ensuring consistency with state housing policy and local planning goals.

Future Required Actions and Expected Timing
Today only a few milestones are left in the development approval process:

The parties must agree on the terms of the property right transfer, via a DDA with a buyback provision, including a clear formula for determining the repurchase price, or via a long -term Ground Lease. Approval of the DDA or Ground lease is expected to come before the City Council in early 2026.

The City Council must declare the pr operty to be exempt surplus land and file such declaration with HCD.

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9 The City Council must approve the vacation of the right-of-way. The final vacation approval need not occur at the time the City approves the terms of the property right transfer via execution of the DDA or Ground Lease. Rather, the final closing must be contingent on the final vacation of the right-of-way.

The City Council must approve entitlements.

Reasons for Recommendation and Available Options
The Mary Avenue parcel has been contemplated as a housing site that would target the IDD and low-income populations since the City Council FY 2020 -21 Work program. The City of Cupertino’s 2023-2032 Housing Element rezoned this site to R4, with a minimum density of 50 dwelling units per acre and a maximum density of 65 dwelling units per acre, or 40 dwelling units of realistic capacity. HCD approved the site as one in which all 40 units would be lower income units, consistent with what is proposed by Charities Housing. Further, the Housing Element provides the following Policies and Strategies that support the development of housing opportunities and partnerships with non-profits dedicated to persons with special needs:
 POLICY HE-2.3: Development of Affordable Housing and Housing for Persons with Special Needs.
 STRATEGY HE-2.3.1: Support Affordable Housing Development  STRATEGY HE-2.3.10: Extremely Low-income Housing
 STRATEGY HE-2.3.11: Assistance For Persons with Developmental Disabilities Based on the above and on the direction provided to staff since 2021, it is recommended that the City Council move forward with Project approvals and that the City Council appoint negotiators to facilitate the property transfer to Charities Housing, in either the form of a DDA including a sale with the right to repurchase or a Ground Lease.

Sustainability Impact
No sustainability impact.

Fiscal Impact
On April 15, 2025, the City Council authorized an allocation of $4,083,250 of cash assistance to the Project. The allocation is comprised of $3 million of funds from the City’s BMR Affordable Housing Fund, $908,683 of PLHA funds, and $174,567.37 of CDBG fu nds to be used for public infrastructure improvements. These three allocations will provide a total of $4,083,250 in cash assistance to the Project. Costs associated with this work program item are budgeted in the BMR Housing Fund 265-72-71 750-052.

City Work Program (CWP) Item/Description
Preserve existing and develop new BMR/ELI Housing: Explore opportunities to preserve existing expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property as well as the County - owned sites.
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10 Council Goal:

Housing, Quality of Life
California Environmental Quality Act
The study session is not considered a project under CEQA. _____________________________________
Prepared by: Michelle Hernandez, Interim Deputy City Attorney Gian Martire, Senior Planner
Reviewed by: Chad Mosley, Director of Public Works
Benjamin Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager

Attachments:

A – Staff Report dated March 15, 2022
B – Parcel Map recorded on May 2, 2023
C – Staff Report dated February 6, 2024
D – Exclusive Negotiating Agreement executed on April 9, 2024 E – Staff Report dated September 4, 2024
F – Staff Report dated April 15, 2025
G – Staff Report dated July 15, 2025
H - Existing Conditions and Demolition Plan
I – Mary Avenue Project FAQ

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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Progress on FY 2021-2022 Council Work Program item to develop ELI and BMR housing units for Developmentally Disabled individuals on City -owned property along Mary Avenue.

Recommended Action
Provide direction to staff on next steps related to potential future development options.

Discussion
Background
Starting with the Fiscal Year (FY) 2019 -20 City Council Work Program, the City has included a project item to engage with philanthropic organizations to find a way to facilitate the construction of Extremely Low Income (ELI) housing units for the Developmentally Disabled populations within the City. Specifically, the objective had been to explore the possibility of building 6 -8 affordable ownership townhomes for this population. During, the FY 2021 -2022 City Work Program update, the project objective evolved to analyze the feasibility of developing housing for this target population on City owned property within the public right-of-way along Mary Avenue.

Analysis
Current Setting
The property being considered is along the westerly edge of the Mary Avenue right-of- way. Highway 85 is to the west, the Mary Avenue Dog Park to the north, Glen Brook Apartments to the east, and the future Westport Development (former Oaks Shopping Center) to the south. The width of an existing landscape buffer, betwe en the soundwall 206
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 2

along Highway 85 and the Mary Avenue pavement
is approximately 15 feet , with 93 perpendicular
parking spaces along westerly edge of Mary
Avenue.

As the property is within the Mary Avenue right -
of-way, the General Plan Land Use and Zoning
designation is ‘Transportation’. Please refer to
Figure 1 for a site setting, as well as Attachment B
for the Topographic Survey which has mapped out
the existing conditions.

Proposed Parcel
Public Works staff had commissioned and
completed a Draft Parcel Map (Attachment C). The
new parcel, which is identified as ‘Parcel 1’ on the
Draft Parcel Map, has prepared parcel dimensions
for use in the housing project while also ensuring
adequate right of way to provide multi -modal
travel and parking along one side of Mary Avenue.

The resulting parcel area and approximate
dimensions as indicated in Table 1 below.

Table 1 Proposed Parcel
Approximate Length 860 feet
Approximate Width1 38 feet
Square Feet/Acreage 34,468 square feet/0.79 acres
The Mary Avenue right -of-way would have a resulting width of 56 feet with one -lane vehicle lanes and bicycle lanes in each direction, sidewalks on both sides of the street as well as parallel parking on the west side of the roadway. Parking would be eliminated

1 The distance between the Highway 85 sound wall and the western property line is 6.5 feet. This 6.5 feet is part of the Highway 85 right of way.

Figure 1 Satellite image of the proposed
parcel area.
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 3

along the eastern edge of the road. Figure 2 below shows the parcel and right of way dimensions.

Figure 2 Proposed Parcel (Draft Parcel Map)
Process for Disposition and Development of Surplus Land and Other Options The State of California defines “surplus land” as “land owned in fee simple by any local agency for which the local agency’ s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code, § 54221(b)(1).) The Surplus Land Act imposes procedural requirements of the disposition of surplus land by local agencies. However, property may be declared “exempt surplus land” and disposed of through a competitive bidding process, without complying with other requirements of the Surplus Land Act if the land will be used for certain affordable housing purposes. Eligible affordable housing uses include “[a] housing development . . . that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households . . . for a minimum of 55 years for rental housing.” (Gov. Code, § 54221(f)(1)(F)(i).) The local agency must invite any local public entity within whose jurisdiction the surplus land is located and housing sponsors that have notified the State Department of Housing and Community Development of their interest in the surplus land to participate in the bidding process. (Ibid.) As the project is envisioned by City Council to be 100 percent affordable to very low - income households, would include a rental -rate restricted for at least 55 years, and the project developer would be selected through an RFQ/RFP process, the disposition of the property would meet the criteria for “exempt surplus land” if the notice requirements of the Surplus Land Act are followed. If Council wishes to move forward with the 208
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 4

disposition of the property for the proposed ELI housing use, staff recommends that the City take the following steps:
 Circulate an RFQ/RFP for qualified housing developers in accordance with the State’s Surplus Land Act.
 Following the selection of a qualified housing developer, initiate concurrently the following processes:
o Parcel map for the division of the Mary Avenue right-of-way. o General Plan and Zoning Map amendments.
o Any necessary CEQA evaluation.
o Associated Planning entitlements that may include a Development Permit, Use Permit, and/or Architectural Site Approval.
o A City Council declaration that the site is exempt surplus land.

City Council will also need to provide direction as to the whether the city will dispose of the parcel through a sale to a qualified developer or enter into a lease agreement.

Sustainability Impact
No sustainability impacts.

Fiscal Impact
The Mary Ave. parcel for ELI/Developmental Disability Housing Council work program item was originally adopted in Fiscal Year 2019 -20 (FY20) at $150,000 (page 360 of FY20 Final Budget) in the Housing Services, BMR Affordable Housing budget as a special project (265-72-711 750-052). Those funds remained unspent and unencumbered for FY20 and FY21 and were carried over in both years. As part of the FY22 Final adopted budget (page 429) an additional $100,000 was allocated bringing total funding to date to $250,000.

To date a total of $12,540 has been spent or encumbered.

Next Steps
Upon direction from City Council, an RFP/RFQ process would be initiated for qualified affordable housing developers.

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Benjamin Fu, Director of Community Development
Christopher Jensen, City Attorney
Approved for Submission: Dianne Thompson, Assistant City Manager 209
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 5

Attachments:

A – FY 2021-2022 City Work Program
B - Topographic Survey – Existing Conditions
C – Draft Parcel Map
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CITY COUNCIL STAFF REPORT
Meeting: February 6, 2024

Subject
Exclusive Negotiation Agreement (ENA) with an affordable housing developer on a City owned parcel within the Mary Avenue right-of-way (APN: 326-27-053)

Recommended Action
Consider the Draft Agreement attached (Attachment A) and decide whether to enter into the Agreement.

Reasons for Recommendation
Background:

Since Fiscal Year (FY) 2020 -21, the City of Cupertino’s City Work program prioritized engaging with philanthropic organizations to develop extremely low -income housing (ELI) for the intellectually and developmentally disabled (IDD) community. The FY 2021- 22 City Work Program narrowed down this item to excess City -owned property within the Mary Avenue right-of-way (the “Project Site”).

On August 18, 2022, t he City of Cupertino issued a request for proposals (RFP) from qualified and experienced housing developers interested in developing an affordable housing project on a city-owned surplus property of approximately .79 acres. A Site Map of the Project, as well as a Vicinity Map, is provided as Figure 1. This RFP was a solicitation of competitive proposals to develop 100% affordable housing with a preference for the intellectually and developmentally disabled (IDD) populations. By the October 18, 2022, deadline, one developer had submitted a proposal.

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

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Analysis

As part of the RFP process, respondents were requi red to demonstrate relevant experience, financial capabilities and conceptual development, financing and operations plans. The submittal requirements included the following:
 Statement of Interest
 Applicant Qualifications
 Project Description
 Financial Terms
 Other items, including, but not limited to, an outreach plan and proposed tenant selection plan.

The Developer Proposal
The Developer team consists of registered California non-profits focused on affordable housing development , both locally and regionally. Highlights of the Developer team include the following:
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 Charities Housing:

A San Jose-based nonprofit 501(c) (3) public benefit corporation that for decades has developed, owned, and managed housing in Santa Clara County for extremely low and v ery low -income individuals, families, senior and folks with special needs, totaling over 1,400 units. In 2017, the City of Cupertino approved Charities Housing’s proposal for the Veranda, an affordable senior housing development on Stevens Creek Blvd that opened in 2019.
 The Cupertino Rotary Housing Corporation:

A Cupertino-based nonprofit 501(c) (3) public benefit corporation established for the purpose of developing low-income housing in Cupertino.  Housing Choices Coalition for Persons with Developmental Disabilities:

Housing Choices is a San Jose -based nonprofit 501 (c) (3) public benefit corporation that supports people with developmental and other disabilities with finding and retaining affordable housing in their community. Currently, they provide housing stability services at 18 different multi-family affordable housing properties, with nearly 300 units set -aside for households that include a person with a developmental or other disability . Housing Choices has additional commitments for another 364 rental units set-aside for people with developmental and other disabilities at 23 new affordable housing projects in differing stages of development.

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

The individual apartments will be a mix of studio, one-, and two-bedroom units with one three-bedroom staff unit. The proposal is structured as a Special Needs project, using the Tax Credit criteria, which requires a minimum of 45% (18 units) to be reserved for a special needs population, in this case, IDD.

The remaining 21 apartments will serve extremely low and very low-income residents of the community. The affordability levels of the proposed units will range from 30% to 50% of the Area Median Income (AMI). The exact affordability mix by unit type is still to be determined, but the average affordability level for the entire development will not exceed 40% AMI. The applicant team has partnered with local architect Peter Ko of KO Architects.

If the ENA is approved by City Council, conceptual plans and drawings would be presented to the public for community input at future public meetings, which will further inform project design and scope as well as the necessary steps for environmental review.

Staff will continue to report the status of the proposal to City Council with updates as appropriate.

Exclusive Negotiation Agreement (“ENA”) Terms
The ENA establishes a one-year negotiation period between the City and the Developer.

While in effect, the City shall not negotiate with any other entity for the sale, lease, or development of the site. The Developer will hold public outreach meetings in coordination with the City, develop the scope, and present plans to the City for review 215
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and approval. Both parties will work to develop the terms of a ground lease, disposition and development agreement (DDA), affordability covenants, and related documents. The City may terminate the ENA if the developer does not comply with or perform any provisions of this Agreement, or if progress is not being made in negotiations as determined by the City in good faith, but otherwise in the City’s sole and absolute discretion. The agreement authorizes the City Manager to extend the ENA period if it is determined that the Developer has met all its obligations pursuant to this Agreement and that the parties are making sufficient progress toward the negotiation of a mutually acceptable Disposition and Development Agreement and Ground Lease. A draft Term Sheet (Attachment B) has also been provided for City Council’s review.

Sustainability Impact
No sustainability impact.

Fiscal Impact
As stated in the Developer conceptual proposal, the City is proposed to contribute approximately $5 million in funding. However, this amount is subject to available funds in the City’s Below Market Rate fund, as well as the final scope of the project at the conclusion of the ENA period including commitments from the various funding sources, which could substantially decrease (or alternately increase) as a result. In addition to funding, the City may be asked to waive certain permitting and plan review fees. Such terms will be evaluated and negotiated during the ENA period and will be subject to City Council review and approval.

Finally, the City would contribute land for a nominal fee or limited ground lease payments over a 99-year ground lease term, which is common for 100% a ffordable projects.

The Mary Ave. parcel for ELI/Developmental Disability Housing Council work program item was originally adopted in Fiscal Year 2019 -20 (FY20) at $150,000 (page 360 of FY20 Final Budget) in the Housing Services, BMR Affordable Housing b udget as a special project (265-72-711 750-052). Those funds remained unspent and unencumbered for FY20 and FY21 and were carried over in both years. As part of the FY22 Final adopted budget (page 429) an additional $100,000 was allocated bringing total funding to date to $250,000.

This amount has been set aside to cover predevelopment costs such as creation of the new parcel and recording the map. To date a total of $14,703.62 has been spent or encumbered for Parcel Map and Legal Review.

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

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_____________________________________

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

Attachments:

A - Draft Exclusive Negotiation Agreement
B - Draft Term Sheet

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1 EXCLUSIVENEGOTIATINGAGREEMENT
Mary Avenue
THIS EXCLUSIVE NEGOTIATING AGREEMENT ("Agreement") is enteredinto as of thedatethis Agreementis executed, asshownonthesignaturepagehereof (the "Effective Date"), betweentheCity of Cupertino, aGeneralLawCity ("City"), andthefollowing California nonprofitpublicbenefitcorporations: CupertinoRotaryHousingCorporation, Housing ChoicesCoalitionfor Personswith DevelopmentalDisabilities, Inc., andCharitiesHousing DevelopmentCorporationof SantaClaraCounty (collectively, the “Developer” andtogether with theCity, the “Parties”) on thebasisof thefollowing purposes, intentions, andfacts:

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

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

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

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

E. Thepurposeof this Agreementis to establishproceduresandstandardsfor the negotiationby theCity andtheDeveloperof theLDDA andtheGroundLease. As morefully setforth in Section3.1, thepartiesacknowledgeandagreethatthis Agreementin itself doesnot granttheDevelopertheright to acquiretheProperty, nordoesit obligatetheDeveloper 218
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2 to anyactivitiesor coststo acquiretheProperty, otherthantheactivitiesandcostsreasonably necessaryto dischargetheDeveloper'sobligationsunderthisAgreementincludingtheobligation to negotiatein goodfaith ascontemplatedby this Agreement.

NOW, THEREFORE, THE CITY AND THE DEVELOPERHEREBYAGREEAS FOLLOWS:

ARTICLE 1

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

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

Section1.2 NegotiationPeriod. Thenegotiatingperiod (the "NegotiationPeriod") shallcommenceontheEffectiveDateandshallexpireone (1) yearthereafter. TheCity Managermay, in hersolediscretion, agreeto extendtheNegotiationPeriodif theCity Manager determinesthattheDeveloperhasmetall of its obligationspursuantto thisAgreementandthat thePartiesaremakingsufficientprogresstowardthenegotiationof amutuallyacceptableLDDA andGroundLease. An extensionshallbeeffectiveonly if evidencedby anamendmentexecuted by authorizedrepresentativesof theCity andtheDeveloper. 219
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3 TheDeveloperacknowledgesthattimeis of theessenceto theCity in negotiationof a LDDA andtheGroundLease. Accordingly, it is essentialto theCity thatthepartiesnegotiatein goodfaith and, if thepartiesdo notsucceedin timely negotiatinga TermSheet, LDDA and GroundLease, thatthis Agreementexpireasspecifiedherein.

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

ARTICLE 2

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

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

TheDeveloperacknowledgesthattheCity is subjectto theCaliforniaPublicRecords Act (" Act"). TheAct generallyprovidesthatwritten documentsretainedby theCity aresubject to disclosureupontherequestof anythird partyexceptfor specificlimited exceptionsprovided for in theAct. TheDeveloperacknowledgesthattheCity will makeinformationregardingthe Project, theProperty, theProposalandthisAgreementavailableto thepublicuponrequestas requiredby theAct. In orderto successfullynegotiatetheLDDA andtheGroundLease, the 220
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4 partiesbelievethattherewill bespecificdocumentsthatmaybesensitiveor containproprietary informationthattheywill wantto exchangein orderto reviewandunderstandthetransaction.

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

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

Section2.3 DeveloperDueDiligence.

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

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

Section2.4 DeveloperObligations.

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

Priorto submittinganyapplicationsto theCity or othergovernmentalentities, the Developershallsubmitto theCity thedesignandarchitectureof theProject, includingthe conceptualplans, elevations, theexteriordesignandlayoutandanyotherinformationthatthe Developerintendsto submitaspartof its entitlementapplication. In theexerciseof its reasonablediscretion, theCity shallrespondto theDeveloper'swrittenrequestfor approvalof conceptualplanswithin thirty (30) businessdaysof theDeveloper's requestthereforor the 223
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7 itemssubmittedfor approvalshallbedeemedapproved. If theCity disapprovesof theitems submitted, it shallspecificallystatethereasonsfor suchdisapproval. TheDevelopershallnot submitanyapplicationsfor entitlementsuntil theCity hasapprovedtheconceptualplansand applicationmaterials.
d) EnvironmentalDocuments. TheDevelopershallberesponsible, atits sole cost, for preparationof anyenvironmentaldocumentsrequiredundertheCaliforniaEnvironmental Quality Act for (i) City approvalof theLDDA andGroundLeaseand (ii) approvalof the Project. TheCity shalldeterminetheappropriateenvironmentalreviewrequiredfor approvalof theProjectandshallcooperatewith theDeveloperin preparingenvironmentaldocumentsfor whichtheDeveloperis responsible (if any) by supplyingavailabletechnicaldataandother availableinformationconcerningtheProperty. TheDevelopershallbesolelyresponsiblefor all costsassociatedwith preparinganyenvironmentaldocumentsnecessaryfor theCity's approval of theProject, inclusiveof theLDDA andGroundLease. Thedeterminationof theadequacyof theenvironmentalreviewshallbein thesolediscretionof theCity.

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

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

2.6 Right of Entry.

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

TheDevelopershallnotinterferewith anyexistingCity operationsor departmentsoccupying thePropertyduringanyinspectionor investigationof theProperty. TheDevelopershallbe responsiblefor obtaininganypermitsnecessaryfor anystudiesor investigationsto be conducted. Priorto conductinganydestructivetestingor anyenvironmentaltestinginvolving drilling or borings, theDevelopershallprovidetheCity'sAuthorizedRepresentativewith 224
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8 writtennotificationof thescopeof suchtestingfor theCity's AuthorizedRepresentative's approvalin his reasonablediscretion. TheDevelopershallbearall costsof suchstudiesand investigationsandshallberesponsiblefor restoringthePropertyto its originalconditionafter completionof suchstudiesandinvestigations. TheDevelopershallberesponsiblefor repairing anydamageto thePropertycausedby suchinvestigations.

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

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

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

Section2.7 City Cooperation. TheCity shallreasonablycooperatein providingthe Developerwith informationin theCity's possessionrelevantto developmentof theProperty. 225
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9 ARTICLE 3

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

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

Section3.3 Notices. Eachnotice, request, demand, instructionor otherdocument requiredor permittedto begivenhereunder ("Notice") shallbein writing andshallbedelivered personally (includingmessengeror courierservicewith evidenceof receipt) or sentby depositingthesamewith theUnitedStatesPostalService, certifiedor registeredmail, return receiptrequested, with properpostageprepaid, addressedto thepartiesattherespective addressessetforth belowandmarkedto thedesignatedindividual's attention. EachNoticeshall beeffectiveuponbeingsodeposited, butthetimeperiodin whicharesponseto anysuchNotice mustbegivenor anyactiontakenwith respecttheretoshallcommenceto runfrom thedateof 226
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10 receiptof theNoticeby theaddresseethereof. Rejectionor otherrefusalby theaddresseeto acceptor theinability of anymessenger, courieror theUnitedStatesPostalServiceto deliver becauseof achangedaddressof whichno Noticewasgivenshallbedeemedto bethereceiptof theNoticesent. Eitherpartyshallhavetheright from timeto time to changetheaddressto which aNoticeto it shallbesentto anotheraddressin thecontinentalUnitedStates (but nota postoffice box) by giving Noticeto theotherpartyof thechangedaddressatleastten (10) days prior to suchchanges.

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

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

Section3.6 DefaultsandRemedies.
a) Default. Failureby eitherpartyto negotiatein goodfaith asprovidedin this Agreementshallconstituteaneventof defaulthereunder. In addition, thefailureof the Developerto meetanyof thePerformanceBenchmarksby thedatesetforth in thePerformance Schedule, subjectto forcemajeuredelays, shallconstituteaDevelopereventof default. The 227
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11 non-defaultingpartyshallgive writtennoticeof a defaultto thedefaultingparty, specifyingthe natureof thedefaultandtherequiredactionto curethedefault. If adefaultremainsuncuredten 10) daysafterreceiptby thedefaultingpartyof suchnotice, thenon-defaultingpartymay exercisetheremediessetforth in subsection (b).
b) Remedies. In theeventof anuncureddefaultby theCity, theDeveloper'ssole remedyshallbeto terminatethis Agreement. Followingsuch, neitherpartyshallhaveany furtherright, remedyor obligationunderthis Agreement; provided, however, thatthe Developer's indemnificationobligationpursuantto Sections2.6and3.5shallsurvivesuch termination.

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

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

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

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

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

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

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

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

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

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

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

APPROVEDAS TO FORM:

By:

ChristopherD. Jensen, CupertinoCity Attorney
ATTEST:

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

DESCRIPTION OF PROPERTY

THE LAND REFERREDTO HEREINBELOW IS SITUATED IN THE CITY OF

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

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

REMAINDER OF PAGEINTENTIONALLY LEFT BLANK
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15 EXHIBIT B

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

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

REMAINDER OFPAGEINTENTIONALLY LEFT BLANK
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16 EXHIBIT C

PERFORMANCESCHEDULE
PerformanceBenchmark PerformanceDate

1. DeveloperDueDiligenceActivities (§2.3(a))

2. Developerdeterminestitle adequacy (§2.3(b))

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

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

Within 30daysof
submission

5. DevelopersubmitsFinancingPlanto City (§2.4(b))

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

7. City ManagerapprovesTermSheet (§2.5)

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

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

10. Developerobtainsentitlementsandfinal CEQA reviewfor the Project (§2.4(c))
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ExclusiveNegotiatingAgreement (MaryAve) -
Final
Final Audit Report 2024- 04-09
Created: 2024-04-05
By: Robert Dacanay ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA-hq_sfQ5x81yG5MEmfazyHXX9lXzg0QT ExclusiveNegotiatingAgreement (Mary Ave) - Final" History Documentcreatedby RobertDacanay ([email protected]) 2024-04-05 - 3:34:56 PM GMT- IP address: 73.222.117. 251 Documentemailedto [email protected] approval
2024-04-05 - 3:39:46 PM GMT
Email viewed by [email protected]
2024-04-05 - 5:14:47 PM GMT- IP address: 104.47.73.254
[email protected] signingas MichaelWoo 2024-04-05 - 5:35:10 PM GMT- IP address: 174.160.227.130 Documentapprovedby MichaelWoo ([email protected])
Approval Date: 2024-04-05 - 5:35:12 PM GMT - Time Source: server- IP address: 174. 160.227.130 Documentemailedto MarkMikl ([email protected]) for signature 2024-04-05 - 5:35:13 PM GMT
Emailviewedby MarkMikl ([email protected])
2024-04-07 - 9:31:24 PM GMT- IP address: 104.47.51.126
Documente-signedby MarkMikl ([email protected]) Signature Date: 2024-04-09 - 4:02:24 PM GMT - Time Source: server- IP address: 66.91.33.56 Document emailed to Benjamin Fu ([email protected]) for signature 2024-04-09 - 4:02:25 PM GMT
Documente-signedby BenjaminFu ([email protected]) E-signatureobtainedusingURLretrievedthroughtheAdobeAcrobatSignAPI Signature Date: 2024-04-09 - 4:03:21 PM GMT - Time Source: server- IP address: 108.184.90.127 234
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Document emailed to [email protected] for signature 2024-04-09 - 4:03:23 PM GMT
Emailviewedby [email protected]
2024-04-09 - 4:11:00 PM GMT- IP address: 104.47.73.254
[email protected] signingas ChristopherD. Jensen 2024-04-09 - 4:11:24 PM GMT- IP address: 136.24.22.194
Documente-signedby ChristopherD. Jensen ([email protected]) Signature Date: 2024-04-09 - 4:11:26 PM GMT - Time Source: server- IP address: 136.24.22.194 Documentemailedto KirstenSquarcia ([email protected]) for signature 2024-04-09 - 4:11:27 PM GMT
Emailviewedby KirstenSquarcia ([email protected])
2024-04-09 - 4:19:15 PM GMT- IP address: 104.47.73.254
Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2024-04-09 - 4:19:26 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreementcompleted.
2024-04-09 - 4:19:26 PM GMT
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CITY COUNCIL STAFF REPORT
Meeting: September 4, 2024

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

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

Reasons for Recommendation
Background:

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

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

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

The individual apartments will be a mix of studio, one-, and two-bedroom units with one three-bedroom staff unit. The proposal is structured as a Special Needs project which requires a minimum of 45% (18 units) to be reserved for a special needs population, in this 236
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case, IDD. The remaining 21 apartments will s erve extremely low and very low -income residents of the community. The affordability levels of the proposed units will range from 30% to 50% of the Area Median Income (AMI). The exact affordability mix by unit type is still to be determined, but the average affordability level for the entire development will not exceed 40% AMI.

Analysis:

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

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

Sustainability Impact
No sustainability impact.

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

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

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

Attachments:

A – Signed Exclusive Negotiating Agreement – Mary Avenue

1 As stated in the Developer conceptual proposal, the City is proposed to contribute approximately $5 million in funding. However, this amount is subject to available funds in the City’s Below Market Rate fund.
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CITY COUNCIL STAFF REPORT
April 15, 2025

Subject
Fiscal Year (FY) 2025-26 Community Development Block Grant (CDBG) Program, Below Market Rate Affordable Housing Fund (BMR AHF), General Fund Human Services Grant (HSG), Permanent Local Housing Allocation (PLHA), and County funding allocations.

Recommended Action
Authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund HSG, PLHA, and County funding agreements.

Background
An annual Notice of Funding Availability (NOFA) and Request for Proposals (RFP) (Attachment A) was issued on November 4, 2024, inviting applicants to apply for eligible public services (two-year funding cycle) and capital housing projects (one-year funding cycle) for the upcoming FY 25-26. The NOFA/RFP deadline ended on February 4, 2025. The Housing Commission reviews CDBG, BMR AHF, and General Fund HSG applications and makes funding recommendations to the City Council. BMR AHF and HSG funding amounts for FY 25-26 are subject to City Council approval. CDBG funding amounts will be reduced or increased proportionately for FY 25-26 based on final HUD allocations. On May 11, 2017, the Housing Commission adopted Resolution 17-02 (CDBG Contingency Plan, Attachment B), in the event that the City receives more or less CDBG funding than anticipated from the United States Department of Housing and Urban Development (HUD). Public service funding cycles have been determined by the timeframe in the City’s 2025-2030 Consolidated Plan. The current cycle covered FY 25-26 and 26-27.

The Below Market Rate Affordable Housing Fund (BMR AHF) is a local funding source dedicated to increasing housing affordability within the City of Cupertino. The ten eligible activities for the fund are as follows: BMR Program Administration, Land Acquisition, New Construction, Acquisition and/or rehabilitation of buildings for permanent affordability, Preserving “at -risk” BMR Units, Substantial Rehabilitation, Rental Operating Subsidies, Down Payment Assistance, Direct gap financing, and Fair Housing.

Thus, while awarding funds for the construction of new affordable housing, two activities 239
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which should also be budgeted for are BMR Administration and Fair Housing enforcement. FY 25-26 will be the final year of a four -year contract the City has enacted for BMR administration with Rise Housing. The costs of the contract are approximately $300,000 per year. Fair Housing costs are approximately $50,000 per year. In order to fulfill the City’s commitment to the remainder of the administration contract, and to budget enough reserve funds to cover the costs associated with enacting new administration, fair housing, and other professional contracts until 2030, a minimum of $1,800,000 would need to be maintained as a reserve.

The Permanent Local Housing Allocation (PLHA) fund is an entitlement formula grant awarded by the California State Department of Housing and Community Development (HCD) to cities to increase housing affordability. Since 2021, the City has been part of a consortium to allow the County of Santa Clara to jointly administer PLHA funds on behalf of the City alongside other participating jurisdictions throughout the County, under the condition that the funds be used only for the predevelopment and development of new affordable rental housing. As of 2025, the fund has collected $908,683 which has been committed to the Charities Housing – Mary Ave project for predevelopment costs. The City Council may award funds to affirm the commitment and begin authorizing their use.

A separate action to award funds will be brought to the County Board of Supervisors at a later date.

The County of Santa Clara awarded the City of Cupertino a $50,000 inventory grant in August 2024 to be used for supplementing services and support for residents experiencing homelessness. In 2023, the City received a similar $50,000 grant from the County for services to the unhoused and awarded the funds to the West Valley Community Services for the Haven to Home and Rotating Safe Car Park programs. The 2024 funds have yet to be awarded. Since the PLHA and the County funds were not included in the NOFA, the City Council may award these funds either to applicants that responded to the NOFA or other eligible and qualified nonprofit providers.

Discussion
CDBG Funding
HUD annually allocates CDBG funding to local jurisdictions for community development activities. Cupertino is one of nine entitlement jurisdictions within Santa Clara County.

Jurisdictions typically must have a population of 50,000 or more to qualify as an “entitlement jurisdiction” that receives grant funding directly from HUD rather than through the County. Entitlement grants are largely allocated on a formula basis, based on several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing, and extent of population growth lag in relationship to other metropolitan areas. This is Cupertino’s 21st year as an entitlement jurisdiction receiving a CDBG grant directly from HUD.

The City anticipates that it will receive approximately $387,000 in FY 25 -26 CDBG entitlement funding. Program income in the amount of $7,944 will also be received and 240
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allocated from existing CDBG loan payoffs. HUD regulations implement maximum percentages that ma y be allocated to CDBG administration and public services. Of the total estimated funding, a maximum of 20% may be used for administrative costs to cover salary and benefits of staff who operate the CDBG program, a maximum of 15% may be used for public services, and the remaining 65% may be used for capital housing projects.

As noted earlier, CDBG funding amounts will be reduced or increased proportionately for FY 25-26 based on final HUD allocations and City Council approval.

FY 25-26 CDBG Budget (est.)
Entitlement Amount (EN) $387,000.00
Program Income (FY 25-26) $7,944.00
Unexpended Funds $22,523.37
Total Revenues $417,467.37
Program Administration (20% EN) $77,400.00
Public Service (15% EN) $58,000.00
Capital/Housing Projects (65% EN + Unexpended Funds) $282,067.37 Total Expenses $417,467.37

HUD regulations require that eligible activities selected for funding must benefit very low and low -income households, or eliminate a blighted area, or address an urgent (emergency) community need, and must also meet a national objective. In addition, only certain types of eligible activities qualify under the CDBG regulations. Examples of eligible activities are:

• Acquisition of Land
• Public improvements
• Public service activities
• Affordable housing developments
• Property acquisition for affordable housing
• Rehabilitation of affordable units

2025-26 CDBG Program Administration Funds
An estimated total of $77,400.00 will be used for CDBG program administration. The City will use these funds for administrative costs to cover the salary and benefits of staff who operate the CDBG program.

2025-26 CDBG Capital Housing Project Funds (One-Year Funding Cycle) An estimated total of $282,067.37 will be available for eligible CDBG capital housing projects. This consists of FY 25-26 funding and unexpended funding from prior years. City staff conducted extensive outreach and the NOFA/RFP was sent to over 250 contacts in the affordable housing community. The City received one application in this cate gory totaling $107,500.00 from Rebuilding Together Silicon Valley. The Housing Commission recommends awarding the excess of funds, or approximately $174,567.37, to the Charities 241
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Housing Mary Ave project. The award is specifically for public infrastructure site work to reconfigure areas currently in the public right away necessary for the development of affordable housing. This includes but is not limited to redevelopment of the sidewalk, street parking spaces, bike lanes, curbs, and gutters. The Mary Ave funding award will be contingent on Charities Housing completing the necessary National Environmental Policy Act (NEPA) environmental review for the project. The contingence will also include the ability of Charities Housing to satisfy the City’s requirement to spend -down funds in accordance with HUD CDBG timeliness guidelines. If at any point in time the City finds it necessary to reallocate the funds, either for an immediate draw -down or because the Mary Ave project is unable to acquire planning entitlements, the City will reserve the right to complete a Substantial Amendment to the FY 25-26 Annual Action Plan and will award the funds to the City Public Works Department for an applicable project. Funding recommendations are listed in the table below.

1 CDBG Capital Housing Projects
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a
Rebuilding Together Silicon
Valley- Homeowner Repair and
Rehabilitation Program
$107,500.00 $107,500.00 $96,237.55

b Charities Housing – Mary Ave $174,567.37 $174,567.37 $0 Sub-Total $282,067.37 $282,067.37 $282,067.37 $96,237.55

2025-26 CDBG Public Service Funds (Two-Year Funding Cycle) An estimated total of $58,000 is available to be used for eligible CDBG public service activities: those which benefit low and moderate income households in alignment with a CDBG priority set by the City’s 5 -Year CDBG Consolidated Plan. The City received two applications in this category totaling $109,494.00. Funding was decreased proportionally based on the City’s Contingency Plan. Funding recommendations are listed in the table below.

2 CDBG Public Services
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Live Oak Adult Day Services

$22,000.00 $18,000.00 $9,414.00
b
West Valley Community Services
(WVCS) – Community Access to
Resources and Education
Program (CARE)
$87,494.00 $40,000.00 $17,774.00
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Sub-Total $58,000.00 $109,494.00 $58,000.00 $27,188.00

2025-26 BMR AHF Public Services (Two-Year Funding Cycle) The BMR AHF receives its revenue from the payment of housing mitigation fees from non-residential (commercial, retail, hotel, research and development (R&D) and industrial) and residential development projects. Formal agreements and monitoring are required for this program, but the requirements are less stringent than federal funding. A total of $50,000 is available to be used for eligible BMR AHF public services. The City received one application in this category totaling $50,000.00. Funding recommendations are listed in the table below.

3 BMR AHF Public Services
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Project Sentinel – Fair Housing
Activities
$50,000.00 $50,000.00 $50,000.00
Sub-Total $50,000.00 $50,000.00 $50,000.00 $50,000.00

2025-26 BMR AHF Capital Housing Project Funds (One-Year Funding Cycle) The City estimates up to $4,800,000 will be available to fund eligible BMR AHF projects for FY 25 -26 prior to accounting for administrative and fair housing expenses. In accordance with the staff recommendation, the Housing Commission recommends that a minimum of $1,800,000 be reserved to budget for these other expenses until the year 2030.

Therefore, the City in practice has $3,000,000 to award for affordable housing projects. The City received two applications for FY 25-26 BMR AHF Capital Housing Projects. The first application, Charities Housing – Mary Ave, proposes 40 units, with 19 very low -income units, 20 extremely low -income units, and one manager unit. Within the affordable unit mix, 19 units will be reserved for individuals with intellectual or dev elopmental disabilities. The second application, Eden Housing – Wolf Rd, proposes 249 units built across two phases. The first phase will contain 101 units of mixed -income housing for school district employees, with approximately 34 low income units and 67 moderate income units. The second phase will contain 148 units, with 60 very low-income units, 86 low-income units, and two manager units.

Regardless of funding awards, staff will continue to support both the Mary Ave and Wolf Rd projects through technic al assistance to the developers and supporting applications for additional funding from state and federal sources such as Project Homekey+, Affordable Housing Sustainable Communities (AHSC), Local Housing Trust Fund (LHTF), Section 8 Project Based Vouchers (PBV), and other opportunities as they become available.

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If either project is unable to acquire planning entitlements the City will reserve the right to “uncommit” the funds and return them to the BMR fund balance. If the City receives additional BMR fu nds previously unaccounted for prior to the next NOFA, staff may recommend awarding additional funds at a future Housing Commission meeting using the same applications submitted, if necessary. The Housing Commission recommends that BMR funds, below, be com mitted in the following amounts, with commitments becoming awards, which authorize loan agreement execution, contingent on the developers attaining planning entitlements.

4 BMR AHF Capital Housing Projects
FY 25-26 Application Summary Funds
Available
Funding
Requests
Funding
Commitment
FY 24-25
Funding
Allocations
a Charities Housing – Mary Ave

$4,400,000 $1,916,800.00 $0
b Eden Housing, Inc. – Wolf Rd $4,800,000 $1,083,200.00 $0 Sub-Total $3,000,000 $9,200,000 $3,000,000.00 $0

2025-26 General Fund HSG Public Services (Two-Year Funding Cycle) The General Fund HSG program is funded by the City’s General Fund. Formal agreements and monitoring are required for this program, but the requirements are less stringent than those for federal fund ing. A total of $129,000 is available to be used for eligible General Fund HSG public service activities. The City received three applications in this category totaling $161,380. Funding recommendations are listed in the table below.

5 General Fund HSG Public Services
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a
Catholic Charities of Santa Clara
County – Long Term Care
Ombudsman Program

$12,000.00 $11,000.00
$10,000.00
b
Senior Adults Legal Assistance
(SALA) – Legal Assistance to
Cupertino Elders
$19,500.00 $18,000.00 $16,287.55
c West Valley Community Services
– Haven to Home $129,880.00 $100,000.00 $74,034.34
Sub-Total $129,000.00 $161,380.00 $129,000.00 $100,321.89

2021-25 PLHA Affordable Rental Housing Funds (Four-Year Funding Cycle) 244
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The PLHA funding, which is awarded to the City of Cupertino and administered by the County of Santa Clara has accumulated $908,683 to be spent for predevelopment and development of new affordab le rental housing. The Housing Commission considered both applicants for the BMR AHF funds as potential recipients of PLHA funding but recommended that all of the available PLHA funding be awarded to the Mary Ave project, as shown in the table below.

6 PLHA Affordable Housing Projects
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Charities Housing – Mary Ave $908,683.00 $908,683.00 $0 Sub-Total $908,683.00 $908,683.00 $908,683.00 $0

2025-27 County of Santa Clara Funds (Two-Year Funding Cycle) The Santa Clara County funding, which was awarded to the City of Cupertino in the amount of $50,000, is reserved for services that support the unhoused. The Maitri women’s domestic violence shelter did not respond to the NOFA, making them ineligible to receive CDBG or HSG funding. However, the organization continues to have a funding gap of $25,000 per year. The Housing Commission recommends awarding the $50,000 in County funds to Maitri as a tw o-year agreement ($25,000 per year) to cover the funding gap and align their award with the two -year public service grants. The funding recommendation is listed in the table below.

7 Santa Clara County Funding Unhoused Programs
FY 25-27 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Maitri $50,000.00 $50,000.00 $24,678.11
Sub-Total $50,000.00 $50,000.00 $50,000.00 $24,678.11

Reasons for Recommendation
The Housing Commission held a public hearing on March 27, 2025, to consider funding applications for the CDBG, BMR AHF, HSG, PLHA, and County funding programs. The Commission recommended approval of the proposed FY 2024-25 funding allocations above.

Sustainability Impact
No sustainability impact.

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Fiscal Impact
CDBG programs and projects are funded by HUD (Federal) grant funds. PLHA programs and projects are funded by HCD (State) grant funds. BMR AHF public services and projects are funded by City housing mitigation fees collected from residential and non-residential development projects. General Fund HSG activities are funded through the City’s General Fund. County funding was received through an inventory grant from District 5 of the Santa Clara County Board of Supervisors. Budget allocations for approved funding allocations will be included for City Council’s approval as part of the proposed and final budget.

City Work Program (CWP) Item/Description
Yes, FY 24-25
Preserve existing and develop new BMR/ELI Housing: Explore opportunities to preserve existing expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing units for Developmentally disabled individuals (IDD) on City-Owned property as well as the County-owned sites.

Council Goal:

Housing

California Environmental Quality Act
No California Environmental Quality Act impact.

_____________________________________

Prepared by: Nicky Vu, Senior Housing Coordinator
Reviewed by: Benjamin Fu, Director of Community Development Tina Kapoor, Deputy City Manager
Floy Andrews, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - FY 2025-26 NOFA/RFP
B - Housing Commission Resolution 17-02 (CDBG Contingency Plan) C- PLHA Cupertino County Consortium Agreement Amendment 1 D- FY 2024-25 County of Santa Clara Unhoused Program Funding Agreement E - FY 2025-26 CDBG, BMR AHF, HSG, PLHA, and County Funding Application Summary

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CITY COUNCIL STAFF REPORT
Meeting: July 15, 2025

Subject
Study Session to review an application to develop new ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City -owned property along Mary Avenue (APN: 326-27-053)

Recommended Action
Conduct study Session on the Mary Avenue project and provide comments to staff and applicant.

Reasons for Recommendation
Background:

Since Fiscal Year (FY) 2020 -21, the City Work Program prioritized engaging with philanthropic organizations to develop extremely low -income housing (ELI) for the intellectually and developmentally disabled (IDD) community. The FY 2021-22 City Work Program narrowed down this item to excess City -owned property within the Mary Avenue right-of-way (the “Project Site”). A Site Map of the .79-acre Project Site, as well as a Vicinity Map, is provided as Figure 1. The Adopted FY 2025-27 City Work Program continues to include this ongoing project.

Their proposal envisions a 100% affordable, forty (40) unit, two -story, apartment development. The individual apartments will be a mix of studio, one-, and two-bedroom units with one three -bedroom staff unit. The proposal is structured as a Special Needs project which requires a minimum of 45% (18 units) to be reserved for a special needs population, in this case, IDD. The remaining twenty -one (21) apart ments will serve extremely low and very low-income residents of the community. The affordability levels of the proposed units will range from 30% to 50% of the Area Median Income (AMI). The exact affordability mix by unit type is still to be determined, but the average affordability level for the entire development will not exceed 40% AMI.

Analysis:
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The 40 units at Mary Avenue Villas will be equally split with 20 units in each building, which are both two stories in height. Each building will include an elevator and a laundry room with one of the buildings containing a community room and office while the other building houses the property manager. The site will include a central parking area providing approximately 22 spaces and will include EV charging options and 2 handicap van accessible spaces. A trash enclosure for each building is included at either end of the parking lot.

Approximately eighty (80) angled street parking spaces along Mary Avenue in front of the project site will be replaced by thirty-three (33) perpendicular spaces. A bike lane and sidewalk will front the project site, as well as landscaping which includes street trees, shrubs, and a variety of water efficient grasses. The Plan Set can be viewed as Attachment A.

Figure 1 Perspective of Building 2 looking south along Mary Avenue.

Next Steps:

On April 3, 2025, Charities Housing applied for the development (ASA -2025-006). As an approved Priority Housing Element Site (HE Site 10) that is under 50 units , this will be approved as an Administrative Review at an Administrative Hearing, exempt from CEQA and subject only to design review based on objective standards. However, City Council will ultimately be the decision -making body approving the lease and disposition agreement with Charities Housing for the development on site.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Costs associated with this work program item are budgeted in the BMR Housing Fund 265-72-71 750-052. No additional fiscal impact would incur should the City Council direct the remaining appropriated funds to be utilized for the entitlement review. Should the City Council deny the use of the appropriated funds, the remaining amount would remain to the City’s BMR Affordable Housing fund for future uses. 248
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On April 15, 2025, the City Council authorized an allocation of $4,083,250 of cash assistance to the Project. The allocation is comprised of $3 million of funds from the City’s BMR Affordable Housing Fund, $908,683 of Permanent Local Housing Allocation (PLHA) funds, and $174,567.37 of CDBG funds to be used for public infrastructure improvements.

These three allocations will provide a total of $4,083,250 of cash assistance to the Project.

City Work Program Item/Description
Preserve existing and develop new BMR/ELI Housing: Explore opportunities to preserve existing expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property as well as the County-owned sites.

City Council Goal:

Housing

California Environmental Quality Act
The study session is not considered a project under CEQA. _____________________________________

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager

Attachments:

A – Plan Set

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E
S
E
S
HIGHWAY 85

MARY AVE

GLENBROOK APARTMENTS

MARY AVE DOG PARK
APN 326-27-037
APN 326-27-030
APN 326-27-053

38.0'7.0'
PSE TO
REMAIN

7.0'

PSE TOREMAIN

56.0'
N73°14'26"E

30.04'
N73°14'26"E

28.22'
R=1014.00'
∆=6°59'49"
L=123.83'
R=3000.00'
∆=5°15'35"
L=275.40'
N16°25'54"W 647.26'
N16°25'54"W 586.54'

CALTRANS ROW
PL
CL

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING TRAFFIC STRIPING

TO BE DEMOLISHED

EXISTING TRAFFIC STRIPING

TO BE DEMOLISHED

EXISTING TRAFFIC STRIPING

TO BE DEMOLISHED

PROTECT IN PLACE

EXISTING PARKING STALL

EXISTING CONCRETE

TO BE DEMOLISHED EXISTING CONCRETE

TO BE DEMOLISHED

EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING ASPHALT

TO REMAIN

EXISTING ASPHALT

TO REMAIN

EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)

EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)

EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)EXISTING CURB TO

BE DEMOLISHED

EXISTING CURB TO

BE DEMOLISHED

EXISTING TRAFFIC STRIPING

TO BE DEMOLISHED

EXISTING ASPHALT

TO BE DEMOLISHEDEXISTING FIBER

OPTIC BOX TO
REMAIN

EXISTING FENCE

TO REMAIN
EXISTING ELEC. LINES

TO BE RELOCATED

EXISTING SOUNDWALL

TO REMAIN
EXISTING ELEC.

MANHOLE TO REMAIN

APPROXIMATE LOCATION

OF EXISTING WATER LINE

EXISTING SLIDING

GATE TO REMAIN
EXISTING 10" VCP

SS TO REMAIN
EXISTING 10" VCP

SS TO REMAIN

EXISTING AT&T FIBER

OPTIC LINES TO REMAIN
(LOCATION APPROXIMATE)

EXISTING CITY OF

CUPERTINO FIBER OPTIC

LINES TO BE RELOCATED

EXISTING STREET LIGHT
TO REMAIN (TYP.)
HIGHWAY 85

MARY AVE
APN 326-27-053

ARROYO VILLAGE
APN 326-27-042

38.0'

56.0'
N73°34'06"E

17.84'
N73°32'03"E

28.37'R=514.00'∆=10°12'26"
L=91.57'

CALTRANS ROW
PL
CL

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING TRAFFIC STRIPING

TO BE DEMOLISHED EXISTING TRAFFIC STRIPING

TO BE DEMOLISHED

EXISTING TRAFFIC STRIPING

TO BE DEMOLISHED EXISTING PARKING STALL

TO REMAIN

EXISTING CURB TO
REMAIN

EXISTING CURB

STOP TO REMAIN EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO BE DEMOLISHED

EXISTING CONCRETE

TO BE DEMOLISHED

EXISTING CONCRETE

TO REMAINEXISTING CONCRETE

TO REMAIN EXISTING ASPHALT

TO REMAIN

EXISTING ASPHALT

TO REMAIN

EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)

EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)

EXISTING CURB STOP TO

EXISTING CURB TO

BE DEMOLISHED

EXISTING CURB TO

BE DEMOLISHED

EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)

EXISTING SIGN TO

BE DEMOLISHED

EXISTING WALL TO

BE DEMOLISHED EXISTING UTILITY STRUCTURE

TO BE DEMOLISHED

EXISTING TRAFFIC

STRIPING TO REMAIN

EXISTING MAINTENANCE

BLDG TO REMAIN

APPROXIMATE LOCATION OF
EXISTING 12" SAN JOSE

WATER COMPANY WATER LINE

EXISTING SLIDING

GATE TO REMAIN

EXISTING STREET LIGHT
TO REMAIN (TYP.)

EXISTING FIRE

HYDRANT TO REMAIN
N73°38'11"E

14.23'
E
S
D
Ko Architects, Inc.
900 High Street, Suite 1
Palo Alto, CA 94301
p: 650.853.1908

MARY AVENUE

AFFORDABLE

HOUSING

CITY OF

CUPERTINO

MARY AVENUE

CUPERTINO, CA

PRELIMINARY,

NOT FOR

CONSTRUCTION
NORTH

EXISTING

CONDITIONS &

DEMO PLAN
C000.0
DEMOLITION NOTES:

1. CONTRACTOR TO CLEAR THE SITE WITHIN THE DEMOLITION LIMITS, THE CONTRACTOR

SHALL DEMOLISH AND REMOVE FROM THE SITE ALL CURB, SIDEWALK, PAVEMENT, PLANTERS AND TREE ROOTS. CONTRACTOR TO REMOVE ALL UTILITIES AND APPURTENANCES UNLESS OTHERWISE NOTED.

2. ALL MATERIAL REMOVED FROM THIS SITE SHALL BE DISPOSED OF BY THE CONTRACTOR IN A LEGAL MANNER.

3. REMOVAL OF LANDSCAPING SHALL INCLUDE ROOTS AND ORGANIC MATERIAL.

4. DUST CONTROL MEASURES SHALL BE USED DURING DEMOLITION. CONTRACTOR SHALL PROVIDE A DUST CONTROL AND MITIGATION MEASURES PLAN.

5. CONTRACTOR TO CAP ALL EXISTING WET UTILITIES AT LIMIT OF DEMOLITION UNLESS OTHERWISE NOTED. SEWER LATERALS SHALL BE CAPPED AT THE MAIN. WATER LATERALS SHALL BE REMOVED BACK TO EXISTING METER BOXES.

6. CONTRACTOR SHALL ADJUST THE GRADE OF ANY EXISTING UTILITIES TO REMAIN.

7. THE CONTRACTOR SHALL REFER TO THE DEMOLITION PLAN, TREE PROTECTION PLAN AND ARBORIST REPORT FOR THE DEMOLITION/PRESERVATION OF EXISTING TREES. ALL

TREES NOT SPECIFICALLY SHOWN TO BE PRESERVED OR RELOCATED WITHIN THE LIMITS OF DEMOLITION SHALL BE REMOVED AS PART OF THIS CONTRACT. TREE

PROTECTION FENCING SHALL BE INSTALLED AS NECESSARY PRIOR TO ANY DEMOLITION.

8. REFER TO THE TOPOGRAPHIC SURVEY FOR ADDITIONAL DETAILS OF EXISTING STRUCTURES, ETC., LOCATED WITHIN THE PROJECT SITE. UNLESS OTHERWISE NOTED, ALL EXISTING IMPROVEMENTS MARKED AS "REMOVE" INCLUDING UTILITIES, BUILDINGS,

STRUCTURES, SLABS, CONCRETE, ASPHALT, DEBRIS PILES, SIGNS, AND ALL

APPURTENANCES ARE TO BE REMOVED FROM THE SITE BY THE CONTRACTOR AND PROPERLY DISPOSED OF IN A LEGAL MANNER AS PART OF THIS CONTRACT. SOME

ITEMS TO BE REMOVED MAY NOT BE DEPICTED ON THE TOPOGRAPHIC SURVEY, SUCH

AS UNDERGROUND UTILITIES THAT TIE ABOVEGROUND UTILITY STRUCTURES MARKED AS "REMOVE". REFER TO THE DEMOLITION PLAN FOR THE LIMITS OF REMOVAL OF EXISTING IMPROVEMENTS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VISIT THE SITE AND DETERMINE THE FULL EXTENT OF THE ITEMS TO BE REMOVED. CONTRACTOR

SHALL VERIFY THAT ALL IMPROVEMENTS BEING REMOVED ARE FULLY CONTAINED

WITHIN THE LIMITS OF DEMOLITION, AND THAT THEY DO NOT SERVE ANY FUNCTION FOR IMPROVEMENTS BEYOND LIMITS OF DEMOLITION. IF ANY ITEMS ARE IN QUESTION, THE CONTRACTOR SHALL CONTACT THE OWNER PRIOR TO REMOVAL OF SAID ITEMS.

9. THE LOCATION OF EXISTING UTILITIES IS APPROXIMATE AND MAY OR MAY NOT BE INCLUSIVE FOR THIS SITE. ANY UTILITIES ENCOUNTERED DURING DEMOLITION THAT

ARE NOT DELINEATED HEREON SHOULD BE BROUGHT TO THE ATTENTION OF THE OWNER AND PROJECT ENGINEER IMMEDIATELY.

10. EXISTING FENCING MAY BE USED AS CONSTRUCTION FENCING ONLY IF APPROVED BY THE ENGINEER. THE CONTRACTOR SHALL SUBMIT A SPECIFIC LAYOUT FOR CONSIDERATION BY THE ENGINEER. IF APPROVED, CONTRACTOR SHALL BE

RESPONSIBLE FOR THE CONDITION OF ANY SUCH FENCE SEGMENT POST CONSTRUCTION.

11. RELOCATION OR REMOVAL OF ELECTRICAL AND GAS UTILITIES SHALL BE COORDINATED WITH PACIFIC GAS AND ELECTRIC COMPANY.

12. DEMOLITION OF SITE ELEMENTS, INCLUDING BUT NOT LIMITED TO, BUILDINGS, LIGHT

POLES, AND BOLLARDS SHALL INCLUDE THE REMOVAL, AND BACKFILL, OF ASSOCIATED FOOTINGS AND FOUNDATIONS.

13. LIMIT OF SITE DEMOLITION SHALL NOT EXTEND OUTSIDE THE EXISTING R/W AND PROPERTY LIMITS.

14. APPLICANT/CONTRACTOR SHALL APPLY FOR AN ENCROACHMENT PERMIT FOR STREET TREE REMOVAL. PRIOR TO REMOVAL, THE OWNER AND/OR THE CONTRACTOR SHALL POST A TREE REMOVAL NOTICE FOR A MINIMUM TWO WEEKS PRIOR TO REMOVAL.

DOCUMENT AND PROVIDE PROOF OF NOTICING TO THE CITY, SUCH AS TIME STAMPED

PHOTOS OF THE NOTICE POSTED TO THE TREES AT THE BEGINNING AND THE END OF TWO WEEK NOTICING PERIOD.

LEGEND

PROPERTY LINE/ CALTRANS ROW

CENTERLINE

EASEMENT

APPROXIMATE CIVIL LIMIT OF WORK

EXISTING ASPHALT TO REMAIN

EXISTING ASPHALT TO BE DEMOLISHED

SEE BELOW FOR CONTINUATION

SEE ABOVE FOR CONTINUATION
SURVEY NOTES:

BASIS OF BEARING:

THE BEARINGS SHOWN HEREON ARE BASED UPON

THE CENTERLINE OF MARY AVENUE, BEING
N89°11'55"W PER PARCEL MAP RECORDED IN BOOK
838 OF MAPS, PAGES 24 & 25, IN THE OFFICE OF THE
COUNTY RECORDER.

BENCHMARK:

NORTHING: 1943739
EASTING: 6110141
ELEVATION: 326.97
BM1071 SCVWD BRASS DISK (R180); ON TOP OF THE

SOUTHERLY CURB OF STEVENS CREEK BOULEVARD
AT APPROXIMATELY 200 FEET WESTERLY OF

PENINSULA/BUBB ROAD AND NEAR RAILROAD
CROSSING POLE #22118. ALSO, 2.5 FEET NORTH OF
THE RAILROAD CROSSING LIGHTS, AND 20 FEET
WEST FROM THE CENTER OF THE TRACKS. CITY OF
CUPERTINO.

SURVEY DATE: AUGUST 02, 2024
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MARY AVENUE PROJECT DEVELOPMENT: FREQUENTLY ASKED QUESTIONS

1. Has the public right-of-way been vacated?
The proposed Project will likely require a vacation of a portion of the public right-of-way.

The Streets and Highways Code (§8300 et seq.) does not establish any specific timing requirements regarding when a non-summary vacation must occur within the broader project or transactional timeline. Accordingly, the City remains within the permissible timeframe to undertake the vacation process and will do so at the appropriate stage.

2. Is the parcel map recorded on May 2, 2023 (P.M. 953-M-53) valid? The parcel map was reviewed and approved through the City’s standard subdivision procedures and was recorded on May 2, 2023. A copy of the recorded map has been provided as part of the materials for the City Council study session scheduled for December 2, 2025.

3. Will the council review this matter or will remaining matters be brought on the consent calendar?
Actions that are purely procedural and do not require substantive policy discussion may be placed on the consent calendar. This is typically determined on a case-by-case basis. If staff or the Council believes that an item warrants additional discussion or has policy implications, it will be scheduled as a regular agenda item rather than on consent.

4. Has the City complied with the Surplus Land Act (“SLA”) Gov. Code §§54220–54234? The SLA does not impose a specific deadline for a local agency to designate property as surplus land or exempt surplus land as long as it is completed prior to disposition of the property. The property at issue qualifies for an exemption under Government Code § 54221(f)(1); therefore, the Notice of Action and related procedures do not apply. Accordingly, the City remains within the permissible timeframe to make the required SLA declaration. The City is proceeding within the framework established by prior City Attorney guidance, which did not include a formal Council resolution declaring the property exempt surplus land at an earlier stage.

This is in line with c ommon municipal practice to make the exempt surplus land determination concurrently with approval of the Disposition and Development Agreement. 251
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