Cities Index.
CC 03-17-2026 Searchable Packet.pdf

Cupertino City Council
March 17, 2026

Document
CC 03-17-2026 Searchable Packet.pdf
Meeting
March 17, 2026
Body
Cupertino City Council
Pages
35
Original file
284.4 MB
Text extracted from the city's file for reading and search. Open the original on cupertino.legistar.com. That file is the official record.

Fifth Amendment to the Granicus Service Agreement between Granicus, LLC and Cupertino, CA
This Fifth Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Cupertino, CA (hereinafter referred to as "Client"), with reference to the following:

WHEREAS, the Client and Granicus entered into an Agreement effective 06 Jul 2021 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q504408, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:

1. Compensation to be paid to Granicus under the Agreement shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).

2. Except as amended by this Fifth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

3. In the event of any inconsistency between the provisions of this Fifth Amendment and the documents comprising the Agreement, the provisions of this Fifth Amendment shall prevail.

IN WITNESS WHEREOF, the parties have caused this Fifth Amendment to be executed by their duly authorized representatives.

Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Cupertino, CA Granicus
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

A - DRAFT FIFTH AMENDMENT
Senior Assistant City Attorney
City Clerk Date
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THIS IS NOT AN INVOICE Exhibit A
Prepared for
Cupertino, CA
Order #: Q-504408
Prepared: 11 Mar 2026

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Exhibit A

ORDER DETAILS
Prepared By:

Phone:

Email:

Order #:

Prepared On:

Expires On:

Chloe Scheer
[email protected]
Q-504408
11 Mar 2026
06 Mar 2026
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Current Billing Term
End Date: 05 Jul 2026
The subscription includes the following domain(s) and subdomain(s):
•cupertino.org

ORDER TERMS

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Terminating Subscriptions
Solution Quantity/Unit Prior Annual Fee
Upgrade to SDI 720p Streaming 0 Each $1,641.69
Open Platform Suite 0 Each $4,925.03
Granicus Encoding Appliance Software (GT) 0 Each $1,641.69 Government Transparency Suite 0 Each $7,141.31
Meeting Efficiency Suite 0 Each $6,977.13
SUBTOTAL: $22,326.85
Upon 31 Mar 2026, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after 31 Mar 2026 will be prorated from 31 Mar 2026 to the end of the Client's thencurrent billing term, credited, and such credit applied to the annual fees for new subscriptions.

Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed.

Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s). 248
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Exhibit A
Cupertino, CA
Order #: Q-504408
Prepared: 11 Mar 2026

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Existing Subscriptions
Solution Billing
Frequency Quantity/Unit Annual Fee
CampaignDocs Subscription Annual 1 Each $1,777.00
DisclosureDocs Full Review Subscription Annual 1 Each $633.96 DisclosureDocs Ethics Subscription Annual 1 Each $895.67 DisclosureDocs Subscription Annual 1 Each $1,848.87
eDisclosure Filer Module Subscription Annual 1 Each $1,848.87 Address Identification and Monitoring Annual 1 Each $15,165.68 24/7 Hotline Annual 1 Each $5,215.28
Compliance Outreach Annual 1 Each $6,510.77
Mobile Permitting & Registration Annual 1 Each $6,077.54 Rental Activity Audit Annual 1 Each $8,690.45
Communications Cloud Annual 1 Each $14,470.33
Legistar Annual 1 Each $11,820.07
Communications Cloud Advanced
Package Annual 1 Each $3,617.57
Legistar Add-On - Laserfiche Integration Annual 1 Each $0.00 Template - Sectioned View Page Annual 1 Each $0.00
EHQ Embeddable Project Finder - Basic Annual 1 Each $1,157.60 EHQ Additional Hub Admin Annual 1 Each $0.00
EHQ Additional Hubs Annual 1 Each $5,209.31
EHQ Brand Integration Maintenance Annual 1 Each $5,788.09 OpenCities SaaS License Annual 1 Each $19,969.05
OpenForms Enterprise License (30 users,
100 forms) Annual 1 Each $8,682.20
OpenCities Cloud Security License Annual 1 Each $1,447.05 CS Platform - Enterprise Plus: Subscription Annual 1 Each $16,374.93 Knowledge Base: Subscription Annual 1 Each $2,605.11
Single Sign-On: Subscription Annual 1 Each $4,476.61
CampaignDocs - Hosting Annual 1 Each $0.00
CampaignDocs Public Kiosk
Subscription Annual 1 Each $380.73
CampaignDocs Web Publishing
Subscription Annual 1 Each $761.56
249
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Exhibit A
Cupertino, CA
Order #: Q-504408
Prepared: 11 Mar 2026

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eCampaign Subscription Annual 1 Each $1,523.13
Tax Collection Annual 1 Each $0.00
SUBTOTAL: $146,947.43
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
DisclosureDocs Setup and Configuration Up Front 1 Each $0.00 CampaignDocs Setup and
Configuration Up Front 1 Each $0.00
Granicus Operations Cloud - SelfManaged Video - Setup, Config, and Training
Up Front 1 Each $1,450.00
Self-managed Video Encoder Up Front 1 Each $3,842.50
24/7 streaming (Granicus Video) -Setup
and Configuration Upon Delivery 1 Each $120.00
eComment - Online Training Upon Delivery 1 Hours $0.00
eComment - Setup and Configuration Up Front 1 Each $0.00 SUBTOTAL: $5,412.50
New Subscription Fees
Solution Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
Granicus Operations Cloud -
Self-Managed Video 31 Mar 2026 -
05 Jul 2026 Annual 1 Each $20,550.01 $5,475.31
24/7 streaming (Granicus
Video) 31 Mar 2026 -
05 Jul 2026 Annual 1 Each $2,500.02 $666.10
Experience Services Catalog
Accelerator 31 Mar 2026 -
05 Jul 2026 Annual 150 Each $7,498.92 $1,998.00
Upgrade to 1080p Streaming 31 Mar 2026 -
05 Jul 2026 Annual 1 Each $5,246.99 $1,398.00
eComment 31 Mar 2026 -
05 Jul 2026 Annual 1 Each $2,617.79 $697.48
SUBTOTAL: $38,413.73 $10,234.89
Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term.

Except for services sold on a volume basis, which must be consumed during the then current billing term. 250
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Exhibit A
Cupertino, CA
Order #: Q-504408
Prepared: 11 Mar 2026

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Communications Cloud Tier:
for up to 25,000 subscribers
Number of Filers:
168

CREDITS AVAILABLE
The number of Credits acquired due to the above purchase items:

Available Service Credits
Total Services Catalog Credits: 175
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Exhibit A
Cupertino, CA
Order #: Q-504408
Prepared: 11 Mar 2026

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Period of Performance
Solution(s)
July 6, 2026 - July 5, 2027 July 6, 2027 - July 5, 2028 July 6, 2028 - July 5, 2029 CampaignDocs Subscription $1,812.54 $1,848.79 $1,885.76 DisclosureDocs Full Review
Subscription $646.63 $659.57 $672.76
DisclosureDocs Ethics Subscription $913.58 $931.85 $950.49 DisclosureDocs Subscription $1,885.85 $1,923.56 $1,962.04 eDisclosure Filer Module
Subscription $1,885.85 $1,923.56 $1,962.04
Address Identification and
Monitoring $15,469.00 $15,778.38 $16,093.95
24/7 Hotline $5,319.58 $5,425.97 $5,534.49
Compliance Outreach $6,640.99 $6,773.81 $6,909.29
Mobile Permitting & Registration $6,199.09 $6,323.07 $6,449.53 Rental Activity Audit $8,864.26 $9,041.55 $9,222.38
Communications Cloud $14,759.73 $15,054.93 $15,356.03
Legistar $12,056.47 $12,297.60 $12,543.55
Communications Cloud Advanced
Package $3,689.92 $3,763.72 $3,839.00
Legistar Add-On - Laserfiche
Integration $0.00 $0.00 $0.00
Template - Sectioned View Page $0.00 $0.00 $0.00
EHQ Embeddable Project Finder -
Basic $1,180.76 $1,204.37 $1,228.46
EHQ Additional Hub Admin $0.00 $0.00 $0.00
EHQ Additional Hubs $5,313.50 $5,419.77 $5,528.16
EHQ Brand Integration
Maintenance $5,903.85 $6,021.93 $6,142.37
OpenCities SaaS License $20,368.43 $20,775.80 $21,191.31 OpenForms Enterprise License (30
users, 100 forms) $8,855.84 $9,032.96 $9,213.62
OpenCities Cloud Security License $1,475.99 $1,505.51 $1,535.62 CS Platform - Enterprise Plus:

Subscription $16,702.43 $17,036.48 $17,377.21
Knowledge Base: Subscription $2,657.21 $2,710.35 $2,764.56 Single Sign-On: Subscription $4,566.14 $4,657.46 $4,750.61 252
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Exhibit A
Cupertino, CA
Order #: Q-504408
Prepared: 11 Mar 2026

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CampaignDocs - Hosting $0.00 $0.00 $0.00
CampaignDocs Public Kiosk
Subscription $388.34 $396.11 $404.03
CampaignDocs Web Publishing
Subscription $776.80 $792.33 $808.18
eCampaign Subscription $1,553.59 $1,584.66 $1,616.36
Tax Collection $0.00 $0.00 $0.00
Granicus Operations Cloud - SelfManaged Video $20,961.01 $21,380.23 $21,807.83 24/7 streaming (Granicus Video) $2,550.02 $2,601.02 $2,653.04 Experience Services Catalog
Accelerator $7,648.90 $7,801.88 $7,957.91
Upgrade to 1080p Streaming $5,351.93 $5,458.97 $5,568.15 eComment $2,670.15 $2,723.55 $2,778.02
SUBTOTAL: $189,068.38 $192,849.74 $196,706.75
Total Services Catalog Credits: 175 175 175
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Cupertino, CA
Order #: Q-504408
Prepared: 11 Mar 2026

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PRODUCT DESCRIPTIONS
Solution Description
CampaignDocs Subscription CampaignDocs™ is a powerful desktop system used by the ROV staff that provides numerous features to help you manage your Campaign Filers, generate letters, emails, run reports on Filings, scan paper filing and receive Electronic Filings submitted by the filers that use eCampaign Module.

DisclosureDocs Full Review
Subscription
Filer Review – allows the Filing Officer to perform the required tasks of verifying the accuracy of forms and if needed requesting necessary Amendments. 20% on time and 100 % late filings. 10 % needs to be picked at random.

DisclosureDocs Ethics
Subscription
Ethics Training Tracking - Ethics and Sexual Harassment Prevention Training Tracking Modules work hand in hand with our DisclosureDocs /eDisclosure System. This Module allows tracking the Ethics Certificates and notifying Filers of their Ethics Training requirements.

DisclosureDocs Subscription DisclosureDocs™ is your robust desktop application that provides numerous features to help you manage your Filers, Conflict of Interest Code changes, Full and Facial Reviews, generate Letters, Emails, business process Reports and manage your corresponding Public Access and Electronic Filing components.
eDisclosure Filer Module
Subscription
eDisclosure™ application allows your Filers to login and file for all positions that he/she is holding as well as submit the filing to their Filing Officer(s).

Address Identification and
Monitoring
Our state-of-the-art software provides ongoing monitoring of short-term rental platforms including major platforms such as Airbnb, VRBO, Booking.com, and FlipKey. We continually review and update our software to align with the evolving state of the platforms to provide a comprehensive dataset. Our machine learning will deduplicate all known Listings into unique Rental Units, where our identification team will provide owner contact information for further enforcement. This product includes: - Ongoing monitoring of all listings in your jurisdiction - Updating listing activity and details on a regular basis - Screenshot activity of every active listing - Deduplication of listings into unique Rental Units - Activity dashboard and map to monitor trends and breakdown of compliance. 24/7 Hotline 24/7 web and phone hotline for your community to report short term rental complaints such as parking, trash, noise disturbances, and illegal short term rentals. This product include:- Mobile-enabled online web form for citizens to submit tips or complaints (text, videos, and photos) - 24/7 call center for citizens to contact and report complaints verbally - Recordings for all call center complaints
- Email notifications to your team when complaints are logged - Automatic outbound IVR calls and SMS messages to permit emergency 254
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Solution Description
contacts notifying them of the complaint
- SMS support for emergency contacts to mark a complaint as acknowledged or resolved with the ability to send resolution notes - Hotline Dashboard for tracking complaint volumes, trends, and categories
- Ability to upload Notes/Comments to each complaint
Compliance Outreach Compliance monitoring provides up-to-date information for each identified Rental Unit and its compliance status. We configure your compliance definition specific to your jurisdiction rules and ordinances in order to provide up-to-date compliance status of each identified Rental Unit. Additionally, this product will:- Allow your team to send letters to noncompliant properties 24/7 - Configure letter templates with your branding and letterhead - Add as many letter sequences as you need for escalation - Monitor properties that become compliant after letter enforcement Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the registration/licensing/permitting of individual short-term rental hosts. These registration forms and workflows include:- Parcel Number lookup and validation
- E-Signatures
- ACH, Debit, and Credit Payments exclusively powered by Stripe.com - Registration Number & Certificate creation
- Document Upload
- Renewals
- Email confirmation
- Admin approval & denial
Rental Activity Audit Ongoing monitoring of Short Term Rental listings for signs of rental activity including historical revenue estimates & occupancy. Coupled with our Tax Collection product, users can also compare historical revenue estimates to actual reported revenue to identify those that may be underreporting and underpaying sales tax (i.e. TOT).

Communications Cloud The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud includes:
• Unlimited email sends with industry-leading delivery and management of all bounces
• Support to upload and migrate existing email lists
• Access to participate in the govDelivery Network
• Ability to send mass notifications to multiple devices • 24/7 system monitoring, email and phone support during business 255
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Solution Description
hours, auto-response to inbound messages from end users, and emergency support
• Text-to-subscribe functionality
• Up to 2 Web-hosted training sessions annually
• Up to 50 administrators
• Up to 1 govDelivery account(s)
• Access to a complete archive of all data created by the client for 18 months (rolling)
• Up to 3 hours of message template and integration development • Up to 100 subscription topics
• Up to 100,000 SMS/text messages per year*
*International numbers are not supported. SMS/text messages not used in the period of performance will not carry over to the following year.

Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process of the clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Unlimited data storage and retention
• Up to one (1) Legistar database
• Up to one (1) InSite web portal
Communications Cloud
Advanced Package
The Advanced Cloud Module gives government communicators better insight into the needs of citizens and improves their ability to enhance online transactions, promote behavior change through public awareness, and improve citizen engagement. The Advanced Cloud Module adds streamlined marketing capabilities that incorporate greater degrees of audience segmentation, personalization, message testing, and mobile engagement. The Advanced Cloud Module includes:
• Dynamic segmentation around bulletins, engagement, and question (e.g. zip code)
• Canned campaigns for re-engagement and new subscriber onboarding
• Testing: Simple (A/B, 10/10/80)
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Solution Description
A subscription for the Advanced Cloud Module is dependent on an active license for the govDelivery Communications Cloud.

Legistar Add-On - Laserfiche
Integration
Legistar Add-On - Laserfiche Integration is for the Legistar\Laserfiche integration that allows for documents to be imported from Laserfiche to Legistar and for Legistar to export reports\attachments to Laserfiche EHQ Embeddable Project
Finder - Basic
EHQ Embeddable Project Finder tool for embedding in web CMS; • Annual subscription
• Unlimited project finders
• Configure the number of projects shown
• Self-service management
EHQ Additional Hub Admin Additional Hub Admin for EHQ.

EHQ Additional Hubs Additional Hub page/s for use with EHQ Hubs add-on.

EHQ Brand Integration
Maintenance
EHQ Brand Integration maintenance and support.

OpenCities SaaS License The OpenCities platform allows you to launch modern, easy to use websites that evolve to put the needs of your community at the center. The SaaS License includes:
- All OpenCities out of the box functionality (excluding optional/premium modules priced separately)
- Platform setup and full project management
- Managed cloud hosting via Microsoft AzureGov
- Ongoing security updates
- Ongoing product updates and enhancements
- WCAG AA Accessibility maintained perpetually
- 99.9% up-time guarantee and 24/7 support for Priority 1 issues (per SLA)
- Comprehensive SLA and Support Ticketing system
See subscription agreement for details.

OpenForms Enterprise License
(30 users, 100 forms)
Forms & Workflow is a digital forms builder specifically designed for Government. Government services can be complicated, but the experience for the residents accessing them shouldn’t have to be. This application is perfect for the business of government, with capabilities that 257
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Solution Description
will help you convert complex, multi-page forms and processes into simple, step-by-step online forms that can adjust based on customers responses.

OpenCities Cloud Security
License
Deployment of Imperva Security and Content Delivery Network (CDN). Providing leading caching and security resulting in enhanced protection from malicious attacks.

Once configured, it continuously monitors and blocks attacks. With a global 24/7/365 security operations center, it provides an expertly managed web application firewall, distributed denial of service attack protection, and advanced bot detection.

CS Platform - Enterprise Plus:

Subscription
Service Request Management Enhanced Plus Advanced
(Dynamics) Level Subscription includes the Service Request Management Advanced console and connection to Service Request Management Advanced
(Dynamics). Enterprise Plus includes the Service Request and Knowledge B ase Modules, and two integrations into third party Service Request Manag ement Sys
Knowledge Base: Subscription Ongoing annual maintenance for KB Single Sign-On: Subscription Single Sign-On: Subscription CampaignDocs Public Kiosk
Subscription
Public access to your filings is available through your Public Kiosk in an unredacted form using our CampaignDocs Public Access™ module. The Public is able to search for filings in your office without the need of taking staff time to pull the original records. This is not only a cost savings for your staff, but eliminates the risk of the original filing disappearing or becoming misfiled when it’s returned. If the Public wants a copy of a filing, they order it at the kiosk and pay for it at the counter where they will pick up their copy.

CampaignDocs Web Publishing
Subscription
CampaignDocs WebPublisher™ module the public has access to redacted copies of the filings on the web. The public is able to search, view and print from their own computer without the need of using your agency’s resources.
eCampaign Subscription eCampaign™ system is a benefit to your filers. Your filers will be able to use our data screens to enter their contributions / expenditures as they occur and file their forms by the due date. The system will validate the information and summarize all the information on the forms. There are several tools that will help your Filer properly file their filings.

Tax Collection Tax Collection can be built as a separate mobile-enabled form or coupled with Mobile Permitting & Registration in one single portal allowing your 258
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Solution Description
users to:- Report revenue monthly, quarterly, or annually and pay sales tax due (i.e TOT)
- Remind users when they are registering for a permit/license to also report any back taxes
- Collect ACH, Debit, and Credit Payments exclusively powered by Stripe.com
Granicus Operations Cloud -
Self-Managed Video
The annual subscription is an outcome-focused solution combining integrated technology, data insights, and experience services to drive operational efficiencies.
• Strategic Capabilities
• Designated Experience Partner
• Extended LMS Training On-demand
• Access to Services Catalog
• Biannual CX Program Brief to Review Insights & Recommendations • Online Help Articles and Access to govCommunity
• Data Insights
• Community Satisfaction and Performance Monitoring
• Government Effectiveness Score
• Digital Experience Score
• Quality of Life Surveys
• In-app Reporting and Dashboards
• Connected Technology
• Video Streaming and Video-on-Demand
 Built-in video indexing with start, stop, and pause controls  Video analytics
 Fully cloud-based
 Simulcast to multiple platforms including Facebook and YouTube  Unlimited meetings, users, and storage
• Public Portal
 Hyperlinked agendas, minutes, and documents
 Advanced keyword search
• Hardware
 Live Cast video encoder
• Ongoing security updates
• Ongoing product updates and enhancements
• Product accessibility maintained perpetually
• 99.9% up-time guarantee
• Technical Support Reporting (biannual)
• Escalation & Care Process
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Solution Description
DisclosureDocs Setup and
Configuration
DisclosureDocs Professional Services Fee for Setup and Configuration CampaignDocs Setup and
Configuration
CampaignDocs™ is a powerful desktop system used by the ROV staff that provides numerous features to help you manage your Campaign Filers, generate letters, emails, run reports on Filings, scan paper filing and receive Electronic Filings submitted by the filers that use eCampaign Module.

Granicus Operations Cloud -
Self-Managed Video - Setup,
Config, and Training
The Self-Managed Video edition of Operations Cloud leverages a blend of strategic capabilities, data insights, and technology built for government to deliver an experience aimed at enhancing user engagement and boosting operational efficiency.

This solution includes:
• Stakeholder Kickoff and Project Alignment
• Program Management - Weekly / bi-weekly communication • Development/Implementation/component configuration,
including:
o Setup and configuration of the hardware and software
o Setup and configuration of the public portal
Online Training – Up to 12 hours of online training.

Self-managed Video Encoder Granicus Live Cast encoder is the hardware appliance used convert the video feed for video streaming on the web. It also records the video and provides the MP4 file for archive playback.
24/7 streaming (Granicus
Video)
Stay connected and engaged with your audience around the clock using our 24/7 Live Video Streaming Service. Designed for seamless, high-quality broadcasts, this service is perfect for organizations that need uninterrupted video streaming to share content, events, and updates in. This product option is per account, not per encoder.

Experience Services Catalog
Accelerator
Annual Recurring Service Credits: Enhance your support through the GXC Services Catalog with these additional annual credits, ensuring continuous access to valuable services and resource.

Upgrade to 1080p Streaming Upgrade to 1080p Streaming (requires Live Cast and Live Cast Encoder)
24/7 streaming (Granicus 24x7 streaming video setup and configuration services 260
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Solution Description
Video) -Setup and
Configuration
eComment eComment reduces staff time by providing the ability to effortlessly collect and manage citizen input on agenda items. Citizens are allowed to either submit comments in regards to items or sign up to speak before a scheduled meeting.
eComment - Online Training Virtual training session with a Granicus professional services trainer.

GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
• Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).
• Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network.
o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an optin email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination. 261
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Amendment
Prepared for
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

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Fourth Amendment to the Granicus Service Agreement between Granicus, LLC and Cupertino, CA
This Fourth Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Cupertino, CA (hereinafter referred to as "Client"), with reference to the following:

WHEREAS, the Client and Granicus entered into an Agreement effective 06 Jul 2021 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q344126, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:

1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).

2. Except as amended by this Fourth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

3. In the event of any inconsistency between the provisions of this Fourth Amendment and the documents comprising the Agreement, the provisions of this Fourth Amendment shall prevail.

IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed by their duly authorized representatives.

Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Cupertino, CA Granicus
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

City Attorney
City Clerk Date
Alex Gray Senior Manager, Renewals Apr 25, 2024 Christopher D. Jensen Teri Gerhardt Acting CTO Apr 25, 2024 Apr 25, 2024

ATTACHMENT B
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THIS IS NOT AN INVOICE Exhibit A
Prepared for
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

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Exhibit A

ORDER DETAILS
Prepared By: Justine Torres
Phone:

Email: [email protected]
Order #: Q-344126
Prepared On: 05 Apr 2024
Expires On: 05 Jul 2024
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 06 Jul 2024 - 05 Jul 2025
The subscription includes the following domain(s) and subdomain(s):
•cupertino.org

ORDER TERMS
Current Subscription
End Date:

Initial Order Term End
Date:
05 Jul 2024
05 Jul 2026
263
CC 03-17-2026
263 of 1887
Exhibit A
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

Page 3 of 8 ends

ADDING SUBSCRIPTIONS
Solutions: Period of
Performance
Billing
Frequency
Qty/unit Annual fee
CS Platform – Enterprise Plus:

Subscription
12 Apr 2023 -
11 Apr 2024
Annual 1 Each $14,852.54
Knowledge Base: Subscription 12 Apr 2023 -
11 Apr 2024
Annual 1 Each $2,362.90
Single Sign-On: Subscription 12 Apr 2023 -
11 Apr 2024
Annual 1 Each $4,060.42
Subtotal: $21,275.86

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
264
CC 03-17-2026
264 of 1887
Exhibit A
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

Page 4 of 8 ends

Renewing Subscription Fees
Solutions
Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
CampaignDocs Subscription 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $1,692.37 $1,692.37
DisclosureDocs Full Review
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05 Jul 2025 Annual 1 Each $603.78 $603.78
DisclosureDocs Ethics
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06 Jul 2024 -
05 Jul 2025 Annual 1 Each $853.02 $853.02
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05 Jul 2025 Annual 1 Each $1,760.83 $1,760.83
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05 Jul 2025 Annual 1 Each $5,788.13 $5,788.13
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05 Jul 2025 Annual 1 Each $8,276.63 $8,276.63
Upgrade to SDI 720p
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05 Jul 2025 Annual 1 Each $1,563.51 $1,563.51
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Open Platform Suite 06 Jul 2024 -
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05 Jul 2025 Annual 1 Each $1,563.51 $1,563.51
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05 Jul 2025 Annual 1 Each $3,445.31 $3,445.31
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06 Jul 2024 -
05 Jul 2025 Annual 1 Each $6,801.25 $6,801.25
Meeting Efficiency Suite 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $6,644.89 $6,644.89
265
CC 03-17-2026
265 of 1887
Exhibit A
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

Page 5 of 8 ends

Legistar Add-On - Laserfiche
Integration
06 Jul 2024 -
05 Jul 2025 Annual 1 Each $0.00 $0.00
Template - Sectioned View
Page
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EHQ Embeddable Project
Finder - Basic
06 Jul 2024 -
05 Jul 2025 Annual 1 Each $1,102.49 $1,102.49
EHQ Additional Hub Admin 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $0.00 $0.00
EHQ Additional Hubs 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $4,961.26 $4,961.26
EHQ Brand Integration
Maintenance
06 Jul 2024 -
05 Jul 2025 Annual 1 Each $5,512.49 $5,512.49
OpenCities SaaS License 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $19,018.13 $19,018.13
OpenForms Enterprise License
(30 users, 100 forms)
06 Jul 2024 -
05 Jul 2025 Annual 1 Each $8,268.75 $8,268.75
OpenCities Cloud Security
License
06 Jul 2024 -
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CS Platform - Enterprise Plus:

Subscription
12 Apr 2024 -
05 Jul 2025 Annual 1 Each $15,595.17 $19,219.80
Knowledge Base: Subscription 12 Apr 2024 -
05 Jul 2025 Annual 1 Each $2,481.05 $3,057.69
Single Sign-On: Subscription 12 Apr 2024 -
05 Jul 2025 Annual 1 Each $4,263.44 $5,254.35
CampaignDocs - Hosting 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $0.00 $0.00
CampaignDocs Public Kiosk
Subscription
06 Jul 2024 -
05 Jul 2025 Annual 1 Each $362.58 $362.58
CampaignDocs Web
Publishing Subscription
06 Jul 2024 -
05 Jul 2025 Annual 1 Each $725.30 $725.30
eCampaign Subscription 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $1,450.61 $1,450.61
Tax Collection 06 Jul 2024 -
05 Jul 2025 Annual 1 Each $0.00 $0.00
SUBTOTAL: $161,213.60 $166,405.78
Number of Filers:
168
266
CC 03-17-2026
266 of 1887
Exhibit A
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

Page 6 of 8 ends

FUTURE YEAR PRICING
267
CC 03-17-2026
267 of 1887
Exhibit A
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

Page 7 of 8 ends

Solution(s)
Period of Performance
06 Jul 2025 - 05 Jul 2026
CampaignDocs Subscription $1,776.99
DisclosureDocs Full Review Subscription $633.97
DisclosureDocs Ethics Subscription $895.67
DisclosureDocs Subscription $1,848.87
eDisclosure Filer Module Subscription $1,848.87
Address Identification $15,165.70
24/7 Hotline $5,215.26
Compliance Monitoring $6,510.78
Mobile Permitting & Registration $6,077.54
Rental Activity Monitoring $8,690.46
Upgrade to SDI 720p Streaming $1,641.69
Communications Cloud $14,470.31
Open Platform Suite $4,925.03
Legistar $11,820.08
Granicus Encoding Appliance Software (GT) $1,641.69
Communications Cloud Advanced Package $3,617.58
Government Transparency Suite $7,141.31
Meeting Efficiency Suite $6,977.13
Legistar Add-On - Laserfiche Integration $0.00
Template - Sectioned View Page $0.00
EHQ Embeddable Project Finder - Basic $1,157.61
EHQ Additional Hub Admin $0.00
EHQ Additional Hubs $5,209.32
EHQ Brand Integration Maintenance $5,788.11
OpenCities SaaS License $19,969.04
OpenForms Enterprise License (30 users, 100 forms) $8,682.19 OpenCities Cloud Security License $1,447.04
CS Platform - Enterprise Plus: Subscription $16,374.93
Knowledge Base: Subscription $2,605.10
Single Sign-On: Subscription $4,476.61
CampaignDocs - Hosting $0.00
268
CC 03-17-2026
268 of 1887
Exhibit A
Cupertino, CA
Order #: Q-344126
Prepared: 05 Apr 2024

Page 8 of 8 ends

CampaignDocs Public Kiosk Subscription $380.71
CampaignDocs Web Publishing Subscription $761.57
eCampaign Subscription $1,523.14
Tax Collection $0.00
SUBTOTAL: $169,274.30
269
CC 03-17-2026
269 of 1887
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers, LLC
CA License #OF15767
Three Embarcadero Center, Suite 600
San Francisco CA 94111
(415) 568-4000
Granicus, LLC
408 Saint Peter Street Suite 600
Saint Paul MN 55102
GRAIN01
ACE American Insurance Company 22667
Riverport Insurance Company 36684
Berkley National Insurance Company 38911
X
X
1,000,000
1,000,000
15,000
1,000,000
2,000,000
2,000,000
X
X X
X Comp $100 DedX Coll $1,000 Ded
1,000,000

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX
X X 15,000,000
15,000,000

XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
Prof E&O/Cyber Liab $5M per claim / $5M aggregate
A TCP 7024348-10 10/20/2023 10/20/2024
A TCP 7024348-10 10/20/2023 10/20/2024
B F16817867 002 12/15/2023 10/20/2024
A TCP 7024348-10 10/20/2023 10/20/2024
C TWC 7024349-10 10/20/2023 10/20/2024
10/20/2024
1475897
Y N
N N
Y N
Y
12/14/2023
Y Y
16781970
16781970 XXXXXXX
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014-3255
- RE: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as Additional Insured with respect to Liability arising out of the operations of the insured and to the extent provided by the policy language or endorsements issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement or policy language.

Insurance provided to Additional Insured is primary and non-contributory as per the attached endorsements or policy language.

X X
See Attachments
270
CC 03-17-2026
270 of 1887
Policy Number: TCP 7024348-10 G-00000-A
(Ed. )
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.

TABLE OF CONTENTS

1. Additional Insureds

2. Additional Insured - Primary And Non-Contributory To Additional Insured’s Insurance

3. Bodily Injury – Expanded Definition

4. Broad Knowledge of Occurrence/ Notice of Occurrence

5. Broad Named Insured

6. Estates, Legal Representatives and Spouses

7. Expected Or Intended Injury – Exception for Reasonable Force

8. In Rem Actions

9. Incidental Health Care Malpractice Coverage

10. Joint Ventures/Partnership/Limited Liability Companies

11. Legal Liability – Damage To Premises

12. Medical Payments

13. Non-owned Aircraft Coverage

14. Non-owned Watercraft

15. Personal And Advertising Injury – Discrimination or Humiliation

16. Personal And Advertising Injury - Limited Contractual Liability

17. Property Damage - Elevators

18. Supplementary Payments

19. Property Damage – Patterns, Molds and Dies

20. Unintentional Failure To Disclose Hazards

21. Waiver of Subrogation – Blanket
G-00000-A Page 1 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
271
CC 03-17-2026
271 of 1887
Policy Number: TCP 7024348-10 G-00000-A
(Ed. )

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization’s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G-00000-A Page 2 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
272
CC 03-17-2026
272 of 1887
Policy Number: TCP 7024348-10 G-00000-A
(Ed. )
F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’s ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

I. Trade Show Event Lessor

1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured’s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. G-00000-A Page 3 of 13 (Ed. )
Attachment Code: D524693 Certificate ID: 16781970
273
CC 03-17-2026
273 of 1887
Policy Number: TCP 7024348-10 G-00000-A
(Ed. )
J. Vendor
Any person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization’s premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or
h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor
G-00000-A Page 4 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
274
CC 03-17-2026
274 of 1887
Policy Number: TCP 7024348-10 G-00000-A
(Ed. )

2. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and
c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY – EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
G-00000-A Page 5 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
275
CC 03-17-2026
275 of 1887
Policy Number: TCP 7024348-10 G-00000-A
(Ed. )
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement’s JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.

6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business.

7. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

G-00000-A Page 6 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
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Policy Number: TCP 7024348-10 G-00000-A
(Ed. )

8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions.

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of:

G-00000-A Page 7 of 13
(Ed. )
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(Ed. )
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following: • the Named Insured’s employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident. • the Named Insured’s volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following:

Insured does not include any physician while acting in his or her capacity as such.

G-00000-A Page 8 of 13
(Ed. )
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(Ed. )
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured’s interest does/did not rise to the level of management control;
except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

11. LEGAL LIABILITY – DAMAGE TO PREMISES
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following:

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.

C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following:

6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:

G-00000-A Page 9 of 13
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(Ed. )
a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.

The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.

D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:
(ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’s care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@ ; or (2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

13. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

14. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.

G-00000-A Page 10 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
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Policy Number: TCP 7024348-10 G-00000-A
(Ed. )

15. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from
• Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for damages:
(1) that the Insured would have in the absence of the contract or agreement; or G-00000-A Page 11 of 13
(Ed. )
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(Ed. )
(2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:
(a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and
(b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.

B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:

Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE – ELEVATORS A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

G-00000-A Page 12 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
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282 of 1887
Policy Number: TCP 7024348-10 G-00000-A
(Ed. )

19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit:

A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly.

20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

21. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured’s ongoing operations; or

2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

G-00000-A Page 13 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 16781970
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 04 84

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Any person or organization for which you have agreed to waive your rights of recovery in a written contract, provided such contract was executed prior to the date of loss.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective Policy No. Endorsement No.
10/20/2023 TWC 7024349 10
Insured Premium
Granicus, LLC
Insurance Company: Countersigned
by
Riverport Insurance Company
WC 04 03 06 04 84 1998 by the Workers' Compensation Insurance Rating Bureau of California. Page 1 of 1 All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 2001.

Attachment Code: D529218 Certificate ID: 16781970
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Fourth Amendment to Granicus MSA
Final Audit Report 2024-04-25
Created: 2024-04-24
By: Marilyn Pavlov ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAU6BLmC6NrVn3E5Ik-ZI4DPulPgg5DyBx "Fourth Amendment to Granicus MSA" History
Document created by Marilyn Pavlov ([email protected]) 2024-04-24 - 3:18:58 PM GMT- IP address: 69.209.31.163
Document approved by Marilyn Pavlov ([email protected]) Approval Date: 2024-04-24 - 3:22:50 PM GMT - Time Source: server- IP address: 69.209.31.163 Document emailed to Araceli Alejandre ([email protected]) for approval 2024-04-24 - 3:22:52 PM GMT
Document approved by Araceli Alejandre ([email protected]) Approval Date: 2024-04-24 - 5:35:51 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Alex Gray ([email protected]) for signature 2024-04-24 - 5:35:53 PM GMT
Email viewed by Alex Gray ([email protected]) 2024-04-25 - 2:20:37 PM GMT- IP address: 119.12.190.181 Document e-signed by Alex Gray ([email protected]) Signature Date: 2024-04-25 - 2:22:55 PM GMT - Time Source: server- IP address: 163.116.249.80 Document emailed to [email protected] for signature 2024-04-25 - 2:22:57 PM GMT
Email viewed by [email protected]
2024-04-25 - 2:56:27 PM GMT- IP address: 104.47.73.126
Signer [email protected] entered name at signing as Christopher D. Jensen 2024-04-25 - 2:56:47 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2024-04-25 - 2:56:49 PM GMT - Time Source: server- IP address: 136.24.22.194 285
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Document emailed to Teri Gerhardt ([email protected]) for signature 2024-04-25 - 2:56:51 PM GMT
Email viewed by Teri Gerhardt ([email protected])
2024-04-25 - 2:57:32 PM GMT- IP address: 104.47.73.254
Document e-signed by Teri Gerhardt ([email protected]) Signature Date: 2024-04-25 - 2:57:47 PM GMT - Time Source: server- IP address: 107.3.130.161 Document emailed to Kirsten Squarcia ([email protected]) for signature 2024-04-25 - 2:57:49 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2024-04-25 - 4:02:57 PM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2024-04-25 - 4:03:45 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed.
2024-04-25 - 4:03:45 PM GMT
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408 St. Peter St, Suite 600
St. Paul, MN 55102
Amendment
Prepared for
Cupertino, CA
Order #: Q-254169
Prepared: 15 Jun 2023

Page 1 of 5 ends

Cupertino, CA Granicus
Third Amendment to the Granicus Service Agreement between Granicus, LLC and Cupertino, CA
This Third Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Cupertino, CA (hereinafter referred to as "Client"), with reference to the following:

WHEREAS, the Client and Granicus entered into an Agreement effective 06 Jul 2021 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q254169, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:

1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).

2. Except as amended by this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

3. In the event of any inconsistency between the provisions of this Third Amendment and the documents comprising the Agreement, the provisions of this Third Amendment shall prevail.

IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by their duly authorized representatives.

Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Signature:
_____________________________________________
City Attorney
Signature:
_____________________________________________
City Clerk
Date: _____________________________________________
Kimberly Rosenberger Contracts Manager Jul 21, 2023 Christopher D. Jensen Pamela Wu City Manager Jul 21, 2023 Jul 24, 2023

ATTACHMENT C
287
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408 St. Peter St, Suite 600
St. Paul, MN 55102
THIS IS NOT AN INVOICE Exhibit A
Prepared for
Cupertino, CA
Order #: Q-254169
Prepared: 15 Jun 2023

Page 2 of 5 ends

Exhibit A

ORDER DETAILS
Prepared By:

Phone:

Email:

Order #:

Prepared On:

Expires On:

ORDER TERMS
Currency:

Payment Terms:

Period of Performance:

Antonio Magadan
[email protected]
Q-254169
15 Jun 2023
15 Jul 2023
USD
Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
07/06/2023 - 07/05/2026
The subscription includes the following domain(s) and subdomain(s):
cupertino.org
288
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Contract No.

Page 1 of 3 ends

Exhibit B: Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City included as additional insured.

1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES Additional Insureds:

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

Primary Coverage:

With the exception of Cyber Liability, Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self- insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Software Provider’s insurance and shall not contribute to it.

Notice of Cancellation:

Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City upon receipt from insurer.

Workers' Compensation:

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Software Provider, its employees, agents, and subconsultants.

General Liability:

For bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01, or an equivalent form). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Software Provider’s policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). 295
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Contract No.

Page 2 of 3 ends

c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a namedinsured.

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

Cyber Liability:

Insurance, with limits not less than:
$2,000,000 each claim
$2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Software Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Software Provider . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

2. ABSENCE OF INSURANCE COVERAGE.

City may direct Software Provider to immediately cease all activities with respect to this Agreement if it determines that Software Provider fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City’s discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider.

3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

A Certificate of Insurance, on an Accord form, and completed coverage verification shall be provided to City by each of Software Provider's insurance companies as evidence of the stipulated coverages prior to the Commencement Date of this Agreement, and annually thereafter for the term of this Agreement. All of the insurance companies providing insurance forSoftwareProvider shall be licensed to do insurance business in the State of California and shall have, and provide evidence of, a Best Rating Service rate of A:-VII or above. 296
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Page 3 of 3 ends

4. SUB CO NT RACT ORS
Software Provider shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including the City as an additional insured on subconsultant’s insurance policies.

5. HIGHER INSURANCE LIMITS
If Software Provider maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Software Provider .

6. ADEQUACY OF COVERAGE
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
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Third Amendment to Granicus MSA
Final Audit Report 2023-07-24
Created: 2023-07-20
By: Marilyn Pavlov ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAJgLb0AdvlM1ibNL2Auy1C7XB2fKTtxmo "Third Amendment to Granicus MSA" History
Document created by Marilyn Pavlov ([email protected]) 2023-07-20 - 7:57:49 PM GMT- IP address: 69.181.168.76
Document approved by Marilyn Pavlov ([email protected]) Approval Date: 2023-07-20 - 8:19:38 PM GMT - Time Source: server- IP address: 69.181.168.76 Document emailed to Araceli Alejandre ([email protected]) for approval 2023-07-20 - 8:19:44 PM GMT
Document approved by Araceli Alejandre ([email protected]) Approval Date: 2023-07-20 - 9:12:05 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Nidhi Mathur ([email protected]) for approval 2023-07-20 - 9:12:12 PM GMT
Email viewed by Nidhi Mathur ([email protected])
2023-07-20 - 9:17:21 PM GMT- IP address: 104.28.123.91
Document approved by Nidhi Mathur ([email protected]) Approval Date: 2023-07-20 - 11:09:37 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kimberly Rosenberger ([email protected]) for signature 2023-07-20 - 11:09:44 PM GMT
Email viewed by Kimberly Rosenberger ([email protected]) 2023-07-20 - 11:17:10 PM GMT- IP address: 174.199.98.228 Document e-signed by Kimberly Rosenberger ([email protected]) Signature Date: 2023-07-21 - 2:08:26 PM GMT - Time Source: server- IP address: 163.116.249.80 Document emailed to [email protected] for signature 2023-07-21 - 2:08:33 PM GMT
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Email viewed by [email protected]
2023-07-21 - 2:25:56 PM GMT- IP address: 174.194.193.191 Signer [email protected] entered name at signing as Christopher D. Jensen 2023-07-21 - 2:26:13 PM GMT- IP address: 174.194.193.191 Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2023-07-21 - 2:26:15 PM GMT - Time Source: server- IP address: 174.194.193.191 Document emailed to Pamela Wu ([email protected]) for signature 2023-07-21 - 2:26:22 PM GMT
Email viewed by Pamela Wu ([email protected])
2023-07-21 - 3:13:56 PM GMT- IP address: 104.47.74.126
Document e-signed by Pamela Wu ([email protected])
Signature Date: 2023-07-21 - 3:14:07 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia ([email protected]) for signature 2023-07-21 - 3:14:15 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2023-07-21 - 4:26:01 PM GMT- IP address: 104.28.48.169
Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2023-07-24 - 4:26:20 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed.
2023-07-24 - 4:26:20 PM GMT
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Order #: Q-222413
Prepared: 08/04/2022
Second Amendment to the Granicus Service Agreement between Granicus, LLC and Cupertino, CA
This Second Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Cupertino, CA (hereinafter referred to as "Client"), with reference to the following:

WHEREAS, the Client and Granicus entered into an Agreement effective 07/06/2021 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q222413, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:

1. Client and Granicus desire to continue Granicus' services to the Client under the Agreement, and hereby affirm their intent that it remain in full force and effect as amended and restated by this Second Amendment.

2. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).

3. Either Party may terminate the Agreement for convenience by providing the other Party 30 days' notice.

4. Except as amended by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

5. In the event of any inconsistency between the provisions of this Second Amendment and the documents comprising the Agreement, the provisions of this Second Amendment shall prevail.

IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by their duly authorized representatives.

Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Cupertino, CA Granicus
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Cupertino, CA
Signature:

Name:

Title:

Date:

Cupertino, CA
Signature:

Name:

Title:

Date:

DocuSign Envelope ID: 733CEB35-F176-4910-B93F-C20E19485D87 8/8/2022
Kelly Oliver
Vice President of Contracts
Christopher D. Jensen
Christopher D. Jensen City Attorney Oct 12, 2022 Pamela Wu City Manager Oct 12, 2022 Kirsten Squarcia City Clerk Oct 12, 2022

ATTACHMENT D
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Exhibit A
Cupertino, CA
Order #: Q-222413
Prepared: 08/04/2022

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
OpenCities SaaS License - Setup and
configuration package
Milestones -
25/25/25/25 1 Each $10,000.00
OpenCities CMS Design Upon Delivery 1 Each $5,000.00
Training - OpenCities Upon Delivery 1 Each $1,500.00
GXG Writing for the Web Workshop Up Front 1 Each $5,000.00 OpenCities Content Migration Upon Delivery 600 Each $3,000.00 OpenForms License - Setup and
Configuration Package Up Front 1 Each $0.00
Training - OpenForms Upon Delivery 1 Each $1,200.00
GXG Information Architecture Up Front 1 Each $22,500.00 OpenCities Imperva Security License -
Services Setup and Configuration Package Up Front 1 Each $0.00 SUBTOTAL: $48,200.00
New Subscription Fees
Solution Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
OpenCities SaaS License 7/6/2022 to
7/5/2023 Annual 1 Each $17,250.00 $17,250.00
OpenForms Enterprise License
(30 users, 100 forms)
7/6/2022 to
7/5/2023 Annual 1 Each $7,500.00 $7,500.00
OpenCities Cloud Security
License
7/6/2022 to
7/5/2023 Annual 1 Each $1,250.00 $1,250.00
SUBTOTAL: $26,000.00 $26,000.00
DocuSign Envelope ID: 733CEB35-F176-4910-B93F-C20E19485D87 338
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338 of 1887
Exhibit A
Cupertino, CA
Order #: Q-222413
Prepared: 08/04/2022
Renewing Subscription Fees
Solution Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
Address Identification 7/6/2022 to
7/5/2023 Annual 1 Each $13,119.74 $13,119.74
eComment 7/6/2022 to
7/5/2023 Annual 1 Each $2,205.00 $2,205.00
24/7 Hotline 7/6/2022 to
7/5/2023 Annual 1 Each $4,505.13 $4,505.13
Compliance Monitoring 7/6/2022 to
7/5/2023 Annual 1 Each $5,624.26 $5,624.26
Mobile Permitting &
Registration
7/6/2022 to
7/5/2023 Annual 1 Each $5,250.00 $5,250.00
Rental Activity Monitoring 7/6/2022 to
7/5/2023 Annual 1 Each $7,507.14 $7,507.14
Upgrade to SDI 720p
Streaming
7/6/2022 to
7/5/2023 Annual 1 Each $1,418.15 $1,418.15
Open Platform Suite 7/6/2022 to
7/5/2023 Annual 1 Each $4,254.42 $4,254.42
Legistar 7/6/2022 to
7/5/2023 Annual 1 Each $10,210.63 $10,210.63
Granicus Encoding Appliance
Software (GT)
7/6/2022 to
7/5/2023 Annual 1 Each $1,418.15 $1,418.15
Tax Collection 7/6/2022 to
7/5/2023 Annual 1 Each $0.00 $0.00
govService (Short Term Rentals)
Government Transparency
Suite
7/6/2022 to
7/5/2023 Annual 1 Each $6,168.93 $6,168.93
Meeting Efficiency Suite 7/6/2022 to
7/5/2023 Annual 1 Each $6,027.11 $6,027.11
Legistar Add-On - Laserfiche
Integration
7/6/2022 to
7/5/2023 Annual 1 Each $0.00 $0.00
Template - Sectioned View
Page
7/6/2022 to
7/5/2023 Annual 1 Each $0.00 $0.00
VoteCast Standard Package
(Tablet) (ME)
7/6/2022 to
7/5/2023 Annual 1 Each $3,780.00 $3,780.00
govMeetings
DocuSign Envelope ID: 733CEB35-F176-4910-B93F-C20E19485D87 339
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339 of 1887
Exhibit A
Cupertino, CA
Order #: Q-222413
Prepared: 08/04/2022
Project Finder Basic 12/16/2022 to
7/5/2023 Annual 1 Each $999.99 $554.79
EngagementHQ Additional
Hub Admin
5/10/2023 to
7/5/2023 Annual 1 Each $0.00 $0.00
EngagementHQ Additional
Hub
5/10/2023 to
7/5/2023 Annual 1 Each $4,500.01 $695.55
Brand Integration
Maintainence
5/10/2023 to
7/5/2023 Annual 1 Each $4,999.99 $772.83
CampaignDocs - Hosting 7/6/2022 to
7/5/2023 Annual 1 Each $0.00 $0.00
CampaignDocs Public Kiosk
Subscription
7/6/2022 to
7/5/2023 Annual 1 Each $328.87 $328.87
CampaignDocs Web
Publishing Subscription
7/6/2022 to
7/5/2023 Annual 1 Each $657.87 $657.87
eCampaign Subscription 7/6/2022 to
7/5/2023 Annual 1 Each $1,315.74 $1,315.74
SUBTOTAL: $105,966.76 $97,489.94
eHQ
DisclosureDocs Full Review
Subscription
7/6/2022 to
7/5/2023 Annual 1 Each $547.65 $547.65
DisclosureDocs Ethics
Subscription
7/6/2022 to
7/5/2023 Annual 1 Each $773.71 $773.71
DisclosureDocs Subscription 7/6/2022 to
7/5/2023 Annual 1 Each $1,597.12 $1,597.12
eDisclosure Filer Module
Subscription
7/6/2022 to
7/5/2023 Annual 1 Each $1,597.12 $1,597.12
CampaignDocs Subscription 7/6/2022 to
7/5/2023 Annual 1 Each $1,535.03 $1,535.03
govRecords
Communications Cloud 7/6/2022 to
7/5/2023 Annual 1 Each $12,500.00 $12,500.00
Communications Cloud
Advanced Package
7/6/2022 to
7/5/2023 Annual 1 Each $3,125.00 $3,125.00
govDelivery
DocuSign Envelope ID: 733CEB35-F176-4910-B93F-C20E19485D87 340
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340 of 1887
Exhibit A
Cupertino, CA
Order #: Q-222413
Prepared: 08/04/2022

FUTURE YEAR PRICING
Period of Performance
Solution(s) 07/06/2023 -
07/05/2024
07/06/2024 -
07/05/2025
07/06/2025 -
07/05/2026
VoteCast Standard Package (Tablet)
(ME) $3,969.00 $4,167.45 $4,375.82
Upgrade to SDI 720p Streaming $1,489.06 $1,563.51 $1,641.69 Communications Cloud $13,125.00 $13,781.25 $14,470.31
Open Platform Suite $4,467.14 $4,690.50 $4,925.02
Legistar $10,721.16 $11,257.22 $11,820.08
Granicus Encoding Appliance
Software (GT) $1,489.06 $1,563.51 $1,641.69
Communications Cloud Advanced
Package $3,281.25 $3,445.31 $3,617.58
Government Transparency Suite $6,477.38 $6,801.25 $7,141.31 Meeting Efficiency Suite $6,328.47 $6,644.89 $6,977.13
Legistar Add-On - Laserfiche
Integration $0.00 $0.00 $0.00
Template - Sectioned View Page $0.00 $0.00 $0.00
Project Finder Basic $1,049.99 $1,102.49 $1,157.62
EngagementHQ Additional Hub
Admin $0.00 $0.00 $0.00
EngagementHQ Additional Hub $4,725.01 $4,961.26 $5,209.33 Brand Integration
Maintainence $5,249.99 $5,512.49 $5,788.12
eHQ
govDelivery
govMeetings
DocuSign Envelope ID: 733CEB35-F176-4910-B93F-C20E19485D87 341
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341 of 1887
Exhibit A
Cupertino, CA
Order #: Q-222413
Prepared: 08/04/2022
CampaignDocs - Hosting $0.00 $0.00 $0.00
CampaignDocs Public Kiosk
Subscription $345.31 $362.58 $380.71
CampaignDocs Web Publishing
Subscription $690.76 $725.30 $761.57
eCampaign Subscription $1,381.53 $1,450.60 $1,523.13
Tax Collection $0.00 $0.00 $0.00
OpenCities SaaS License $18,112.50 $19,018.13 $19,969.03 OpenForms Enterprise License (30
users, 100 forms) $7,875.00 $8,268.75 $8,682.19
OpenCities Cloud Security License $1,312.50 $1,378.13 $1,447.03 SUBTOTAL: $138,565.12 $145,493.36 $152,768.04
OpenCities
DisclosureDocs Full Review Subscription $575.03 $603.78 $633.97 DisclosureDocs Ethics Subscription $812.40 $853.02 $895.67 DisclosureDocs Subscription $1,676.98 $1,760.82 $1,848.87 eDisclosure Filer Module Subscription $1,676.98 $1,760.82 $1,848.87 CampaignDocs Subscription $1,611.78 $1,692.37 $1,776.99 govRecords
Address Identification $13,775.73 $14,464.51 $15,187.74 eComment $2,315.25 $2,431.01 $2,552.56
24/7 Hotline $4,730.39 $4,966.91 $5,215.25
Compliance Monitoring $5,905.47 $6,200.75 $6,510.78
Mobile Permitting & Registration $5,512.50 $5,788.13 $6,077.53 Rental Activity Monitoring $7,882.50 $8,276.62 $8,690.45 govService (Short Term Rentals)
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PRODUCT DESCRIPTIONS
Solution Description
CampaignDocs Subscription CampaignDocs™ is a powerful desktop system used by the ROV staff that provides numerous features to help you manage your Campaign Filers, generate letters, emails, run reports on Filings, scan paper filing and receive Electronic Filings submitted by the filers that use eCampaign Module.

VoteCast Standard Package
(Tablet) (ME)
VoteCast is a hybrid Software-as-a-Service (SaaS) and Hardware-as-aService (HaaS) solution that enables government organizations to streamline the meeting process for both the clerk's office as well as elected officials. By leveraging this solution, the client will be able to automate meeting data capture and display – improving accuracy and keeping all attendees informed of meeting proceedings. Available on a variety of hardware as well as the iLegislate platform, elected officials can use their touchscreens or tablets to motion, second, vote, and request to speak. This data automatically populates to the clerk software (LiveManager) ensuring accuracy and reducing workload. As action items occur during the meeting, TVs or projectors hooked up to VoteCast Display will automatically show the current agenda item, motion on the floor, vote result, and speaker timer as well as speaker name. VoteCast includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Access to one Granicus platform site
• Access to the VoteCast software application for elected officials • Access to the VoteCast Display software application to output meeting proceedings to TVs or projectors in the meeting room DisclosureDocs Full Review
Subscription
Filer Review – allows the Filing Officer to perform the required tasks of verifying the accuracy of forms and if needed requesting necessary Amendments. 20% on time and 100 % late filings. 10 % needs to be picked at random.

DisclosureDocs Ethics
Subscription
Ethics Training Tracking - Ethics and Sexual Harassment Prevention Training Tracking Modules work hand in hand with our DisclosureDocs /eDisclosure System. This Module allows tracking the Ethics Certificates and notifying Filers of their Ethics Training requirements.

DisclosureDocs Subscription DisclosureDocs™ is your robust desktop application that provides numerous features to help you manage your Filers, Conflict of Interest Code changes, Full and Facial Reviews, generate Letters, Emails, business process Reports and manage your corresponding Public Access and Electronic Filing components.

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Solution Description
eDisclosure Filer Module
Subscription
eDisclosure™ application allows your Filers to login and file for all positions that he/she is holding as well as submit the filing to their Filing Officer(s).

Address Identification Ongoing monitoring of 60+ Short Term Rental websites including major platforms Airbnb, VRBO, HomeAway, Booking.com, FlipKey, & Expedia. Our machine learning will deduplicate all known Listings into unique Rental Units, where our identification team will provide owner contact information for further enforcement. This product includes:- Ongoing monitoring of all listings in your jurisdiction
- Updating listing activity and details every 3-5 days
- Screenshot activity of every listing
- Deduplication of listings into unique Rental Units
- Activity dashboard and map to monitor trends and breakdown of compliance
eComment eComment reduces staff time by providing the ability to effortlessly collect and manage citizen input on agenda items. Citizens are allowed to either submit comments in regards to items or sign up to speak before a scheduled meeting.
24/7 Hotline 24/7 web and phone hotline for your community to report short term rental complaints such as parking, trash, noise disturbances, and illegal short term rentals. This product include:- Mobile-enabled online web form for citizens to submit tips or complaints (text, videos, and photos) - 24/7 call center for citizens to contact and report complaints verbally - Recordings for all call center complaints
- Email notifications to your team when complaints are logged - Automatic outbound IVR calls and SMS messages to permit emergency contacts notifying them of the complaint
- SMS support for emergency contacts to mark a complaint as acknowledged or resolved with the ability to send resolution notes - Hotline Dashboard for tracking complaint volumes, trends, and categories
- Ability to upload Notes/Comments to each complaint
Compliance Monitoring Compliance monitoring provides up-to-date information for each identified Rental Unit and its compliance status. We configure your compliance definition specific to your jurisdiction rules and ordinances in order to provide up-to-date compliance status of each identified Rental Unit. Additionally, this product will:- Allow your team to send letters to noncompliant properties 24/7 - Configure letter templates with your branding and letterhead - Add as many letter sequences as you need for escalation - Monitor properties that become compliant after letter enforcement DocuSign Envelope ID: 733CEB35-F176-4910-B93F-C20E19485D87 344
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Order #: Q-222413
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Solution Description
Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the registration/licensing/permitting of individual short-term rental hosts. These registration forms and workflows include:- Parcel Number lookup and validation
- E-Signatures
- ACH, Debit, and Credit Payments exclusively powered by Stripe.com - Registration Number & Certificate creation
- Document Upload
- Renewals
- Email confirmation
- Admin approval & denial
Rental Activity Monitoring Ongoing monitoring of Short Term Rental listings for signs of rental activity including historical revenue estimates & occupancy. Coupled with our Tax Collection product, users can also compare historical revenue estimates to actual reported revenue to identify those that may be underreporting and underpaying sales tax (i.e. TOT).

Upgrade to SDI 720p Streaming Upgrade to SDI 720p Streaming (requires Digital encoder and HD feed) DocuSign Envelope ID: 733CEB35-F176-4910-B93F-C20E19485D87 345
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Order #: Q-222413
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Solution Description
Communications Cloud The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud includes:
• Unlimited email sends with industry-leading delivery and management of all bounces
• Support to upload and migrate existing email lists
• Access to participate in the GovDelivery Network
• Ability to send mass notifications to multiple devices • 24/7 system monitoring, email and phone support during business hours, auto-response to inbound messages from end users, and emergency support
• Text-to-subscribe functionality
• Up to 2 Web-hosted training sessions annually
• Up to 50 administrators
• Up to 1 GovDelivery account(s)
• Access to a complete archive of all data created by the client for 18 months (rolling)
• Up to 3 hours of message template and integration development • Up to 100 subscription topics
• Up to 100,000 SMS/text messages per year from a shared short code within the United States*
*International numbers are not supported. SMS/text messages not used in the period of performance will not carry over to the following year.

Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.

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Solution Description
Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process of the clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Unlimited data storage and retention
• Up to one (1) Legistar database
• Up to one (1) InSite web portal
Granicus Encoding Appliance
Software (GT)
Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created.

Communications Cloud
Advanced Package
The Advanced Cloud Module gives government communicators better insight into the needs of citizens and improves their ability to enhance online transactions, promote behavior change through public awareness, and improve citizen engagement. The Advanced Cloud Module adds streamlined marketing capabilities that incorporate greater degrees of audience segmentation, personalization, message testing, and mobile engagement. The Advanced Cloud Module includes:
• Dynamic segmentation around bulletins, engagement, and question (e.g. zip code)
• Canned campaigns for re-engagement and new subscriber onboarding
• Testing: Simple (A/B, 10/10/80)
A subscription for the Advanced Cloud Module is dependent on an active license for the GovDelivery Communications Cloud.

Government Transparency
Suite
Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, and indexing of events.

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Solution Description
Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardwareas-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Unlimited storage of minutes documents
• Access to the LiveManager software application for recording information during meetings
• Access to the Word Add-in software component for minutes formatting in MS Word if desired
• Up to one (1) MS Word minutes template (additional templates can be purchased if needed)
Legistar Add-On - Laserfiche
Integration
Legistar Add-On - Laserfiche Integration is for the Legistar\Laserfiche integration that allows for documents to be imported from Laserfiche to Legistar and for Legistar to export reports\attachments to Laserfiche Project Finder Basic Unlimited project finders to be embedded across vaious web sites.

EngagementHQ Additional Hub
Admin
Additional hub administrator for team access.

EngagementHQ Additional Hub Add an additional hub to your existing hub subscription.

Rename to Brand Integration
Maintainence
Ongoing brand integration maintainence and support.

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Order #: Q-222413
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Solution Description
CampaignDocs Public Kiosk
Subscription
Public access to your filings is available through your Public Kiosk in an unredacted form using our CampaignDocs Public Access™ module. The Public is able to search for filings in your office without the need of taking staff time to pull the original records. This is not only a cost savings for your staff, but eliminates the risk of the original filing disappearing or becoming misfiled when it’s returned. If the Public wants a copy of a filing, they order it at the kiosk and pay for it at the counter where they will pick up their copy.

CampaignDocs Web Publishing
Subscription
CampaignDocs WebPublisher™ module the public has access to redacted copies of the filings on the web. The public is able to search, view and print from their own computer without the need of using your agency’s resources.
eCampaign Subscription eCampaign™ system is a benefit to your filers. Your filers will be able to use our data screens to enter their contributions / expenditures as they occur and file their forms by the due date. The system will validate the information and summarize all the information on the forms. There are several tools that will help your Filer properly file their filings.

Tax Collection Tax Collection can be built as a separate mobile-enabled form or coupled with Mobile Permitting & Registration in one single portal allowing your users to:- Report revenue monthly, quarterly, or annually and pay sales tax due (i.e TOT)
- Remind users when they are registering for a permit/license to also report any back taxes
- Collect ACH, Debit, and Credit Payments exclusively powered by Stripe.com
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Order #: Q-222413
Prepared: 08/04/2022
Solution Description
OpenCities SaaS License The OpenCities platform allows you to launch modern, easy to use websites that evolve to put the needs of your community at the center.

The SaaS License includes:
• All OpenCities out of the box functionality (excluding optional/premium modules priced separately)
• Platform setup and full project management
• Managed cloud hosting via Microsoft AzureGov
• Ongoing security updates
• Ongoing product updates and enhancements
• WCAG AA Accessibility maintained perpetually
• 99.9% up-time guarantee and 24/7 support for Priority 1 issues (per SLA)
• Comprehensive SLA and Support Ticketing system
See subscription agreement for details.

OpenCities SaaS License -
Setup and configuration
package
Installation and setup of OpenCities SaaS, including an assigned Project Manager during the implementation phase.

OpenCities CMS Design This is a design package tailored for unique city requirements. Requires scoping by implementation.

Training - OpenCities OpenCities training session for up to 20 people, covering one of these topics:

1. Site Admin training

2. Content Publisher Training

3. Power Publisher training
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Order #: Q-222413
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Solution Description
OpenForms Enterprise License
(30 users, 100 forms)
OpenForms is a digital forms builder specifically designed for Government.

Government services can be complicated, but the experience for the residents accessing them shouldn’t have to be. OpenForms is perfect for the business of government, with capabilities that will help you convert complex, multi-page forms and processes into simple, step-by-step online forms that adjust based on customers responses. The Enterprise plan to accelerate digital transformation for up to: 30 users, 100 published forms.

Key features include:
• Workspaces
• Response workflows
• Custom documents (Certificates, permits, formal letters & more) • Form versioning & scheduling
• Drag and drop form builder
• Display logic and calculations
• Payments
• Insights dashboard
• Form analytics
• Support team access
• Save responses
• Unlimited responses
• Data connections and API access
• Up to: 50GB file uploads, 2,000 web API calls per hour, 20 custom documents per form
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Order #: Q-222413
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Solution Description
GXG Writing for the Web
Workshop
Content is the most important element of a website. We believe in using best practices to standardize and promote consistency. There's no better time to completely revamp your content than when you're updating your website and moving to a new CMS. We'll teach your team how to undeniably sound like the agency and focus on the user, helping you mature your communications and services over time. Services include:
• Workshop kick off: align on goals, dates, and participants / services • Services review: review every service selected to confirm workshop feasibility
• One 3-hour workshop (remote)
Sold as Firm Fixed Price (not Time & Materials). Assumes a 2-week level of effort to be completed within the contract period. Assumes the client has manual PDFs or use another digital tool. NOT for clients that mainly use third party applications for all services. NOT for clients that have a centralized content creation model (1-2 Content Authors/Publishers for the entire website)
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Order #: Q-222413
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Solution Description
OpenCities Content Migration Content Migration Delivery: Once we have agreed upon a strategy and a timeline, our team of migrators will work to deliver your project by the designated deadline. At the end, you will receive:
• Access to the system with all agreed pages moved over • A recap document that details anything your team should know about what we migrated as well as recommendations
Client Responsibilities:
• Completion of an AIM Spreadsheet (provided by OpenCities) listing all pages in hierarchical order classified as either Archive, Improve or Migrate (or purchase the Content Rationalization package add on)
• Identify individual or team with the ability to clarify questions and promptly make decisions about migration questions
• Provide a desired folder structure for files (if contracted) What’s IN scope?
• 400 pages of content migrated and audited/corrected to align with ADA standards OR 600 pages of content migrated as it exists today and is managed within your current CMS
• Documents/images (if contracted)
What’s NOT in scope?
• Anything within an iFrame or embedded HTML content
• Dynamic content pulled from other systems
• Content not managed within CMS
• JavaScript, CSS, or other custom code
• Interactive web forms and/or single page applications • Written content within image/diagram
• Content contained inside a PDF file
• Documents and images on pages marked “Archive"
OpenForms License - Setup and
Configuration Package
Setup and configuration of OpenForms Team License (5 users, 50 forms) Training - OpenForms OpenForms training session for up to 20 people.

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Order #: Q-222413
Prepared: 08/04/2022
Solution Description
GXG Information Architecture Updating your website’s Information Architecture (IA) is key to improving the overall user experience. Our IA process involves website data analysis, user research and user testing, and other best-practice methodologies that serve to seamlessly bridge your goals with user needs. This effort will result in a strategic and scalable approach to content priorities, a development of a navigation structure for your new site, and the creation of an actionable implementation strategy for your existing content. Activities include:
• Kickoff: Align on goals, expectations, timelines, and deliverables • Data Audit: We'll review surveys, Google Analytics, and any other piece of data to get a sense of how the website is currently utilized, what the user priorities are, and how the current content is meeting their needs.
• User engagement: Conduct up to one (1) card sort with up to forty (40) external users OR up to one (1) tree test with up to forty (40) external users Deliverable:
• Recommendations & Implementation Report. Includes new Information Architecture map, connecting individual pages to their new categories and location in the site tree Assumptions:
• Covers analysis and IA for sites with up to 2,500 URLs. • Three-month period of performance to be completed within the contract period. • Does NOT include a content audit.
• Does NOT include content creation.
• Client sources external users for testing. • Does NOT include document review.

OpenCities Cloud Security
License
Deployment of Imperva Security and Content Delivery Network (CDN).

Providing leading caching and security resulting in enhanced protection from malicious attacks.

Once configured, it continuously monitors and blocks attacks. With a global 24/7/365 security operations center, it provides an expertly managed web application firewall, distributed denial of service attack protection and advanced bot detection.

OpenCities Imperva Security
License - Services Setup and
Configuration Package
Setup and configuration of OpenCities Imperva Security License

UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY):
• Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.
• Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.

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Contract No. ________

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Exhibit B: Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured.

1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES Additional Insureds:

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

Primary Coverage:

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

Notice of Cancellation:

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

Workers' Compensation:

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Software Provider, its employees, agents, and subconsultants.

General Liability:

For bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Software Provider’s policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). 355
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Contract No. ________
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

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

Cyber Liability:

Insurance, with limits not less than:
$2,000,000 each occurrence
$2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Software Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Software Provider . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

2. ABSENCE OF INSURANCE COVERAGE.

City may direct Software Provider to immediately cease all activities with respect to this Agreement if it determines that Software Provider fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City’s discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider.

3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

A Certificate of Insurance, on an Accord form, and completed coverage verification shall be provided to City by each of Software Provider's insurance companies as evidence of the stipulated coverages prior to the Commencement Date of this Agreement, and annually thereafter for the term of this Agreement. All of the insurance companies providing insurance for Software Provider shall be licensed to do insurance business in the State of California and shall have, and provide evidence of, a Best Rating Service rate of A:VII or above.

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

5. HIGHER INSURANCE LIMITS
If Software Provider maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Software Provider .

6. ADEQUACY OF COVERAGE
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
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Second Amendment to Granicus Master
Subscription Agreement
Final Audit Report 2022-10-12
Created: 2022-10-12
By: City of Cupertino ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAELIbda97xHQTT7SPSKlXPH0vTt0grnO5 "Second Amendment to Granicus Master Subscription Agreeme nt" History
Document created by City of Cupertino ([email protected]) 2022-10-12 - 5:45:50 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre ([email protected]) for approval 2022-10-12 - 5:51:06 PM GMT
Document approved by Araceli Alejandre ([email protected]) Approval Date: 2022-10-12 - 8:42:56 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Marilyn Pavlov ([email protected]) for approval 2022-10-12 - 8:43:00 PM GMT
Email viewed by Marilyn Pavlov ([email protected]) 2022-10-12 - 8:43:21 PM GMT- IP address: 64.165.34.3
Document approved by Marilyn Pavlov ([email protected]) Approval Date: 2022-10-12 - 8:43:32 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to [email protected] for signature 2022-10-12 - 8:43:37 PM GMT
Email viewed by [email protected]
2022-10-12 - 8:44:00 PM GMT- IP address: 104.47.74.126
Signer [email protected] entered name at signing as Christopher D. Jensen 2022-10-12 - 8:44:55 PM GMT- IP address: 136.24.42.212
Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2022-10-12 - 8:44:57 PM GMT - Time Source: server- IP address: 136.24.42.212 373
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Document emailed to Pamela Wu ([email protected]) for signature 2022-10-12 - 8:45:01 PM GMT
Email viewed by Pamela Wu ([email protected])
2022-10-12 - 9:01:28 PM GMT- IP address: 104.47.73.254
Document e-signed by Pamela Wu ([email protected])
Signature Date: 2022-10-12 - 9:01:41 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia ([email protected]) for signature 2022-10-12 - 9:01:46 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2022-10-12 - 9:16:28 PM GMT- IP address: 104.47.73.254
Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2022-10-12 - 9:16:42 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed.
2022-10-12 - 9:16:42 PM GMT
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408 Saint Peter Street, Suite 600 Amendment
Saint Paul, MN 55102 Prepared for
United States Cupertino, CA
Order #: Q-141769
Prepared: 08/03/2021

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First Amendment to the Granicus Service Agreement between Granicus, LLC and Cupertino, CA
This First Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Cupertino, CA (hereinafter referred to as "Client"), with reference to the following:

WHEREAS, the Client and Granicus entered into an Agreement effective 06/29/2021 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q141769, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:

1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).

2. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

3. In the event of any inconsistency between the provisions of this First Amendment and the documents comprising the Agreement, the provisions of this First Amendment shall prevail.

IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives.

Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Cupertino, CA Granicus
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Kirsten Squarcia
City Clerk
Date:

Christopher D. Jensen
City Attorney
Kelly Oliver
Vice President Contracts Aug 9, 2021 Kelly Oliver
Christopher D. Jensen
Aug 9, 2021 CTO
Bill Mitchell Aug 9, 2021

ATTACHMENT E
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408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Exhibit A Saint Paul, MN 55102 Prepared for
United States Cupertino, CA
Order #: Q-141769
Prepared: 08/03/2021

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Exhibit A

ORDER DETAILS
Prepared By: Chloe Scheer
Phone:

Email: [email protected]
Order #: Q-141769
Prepared On: 08/03/2021
Expires On: 07/17/2021
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

ORDER TERMS
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Exhibit A
Cupertino, CA
Order #: Q-141769
Prepared: 08/03/2021

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PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
VoteCast Tablet (ME) - Setup and
Configuration Up Front 4 Hours $0.00
VoteCast - Online Training Upon Delivery 6 Hours $1,350.00 VoteCast Display CPU (Dell) (ME) Upon Delivery 1 Each $980.00 US Shipping Charge B - Medium Item Upon Delivery 1 Each $60.00 iLegislate Voting - Onsite Training Upon Delivery 1 Days $0.00 iLegislate Voting - Setup and Configuration Up Front 1 Hours $0.00 VoteCast Display - Setup and Configuration Up Front 4 Hours $900.00 US Shipping Charge C - Large Item Upon Delivery 1 Each $125.00 eComment - Online Training Upon Delivery 1 Hours $0.00
eComment - Setup and Configuration Up Front 1 Each $0.00 SUBTOTAL: $3,415.00
New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
VoteCast Standard Package (Tablet) (ME)
Annual 1 Each $3,600.00
eComment
Annual 1 Each $2,100.00
SUBTOTAL: $5,700.00
• Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages. 377
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Exhibit A
Cupertino, CA
Order #: Q-141769
Prepared: 08/03/2021

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PRODUCT DESCRIPTIONS
Solution Description
VoteCast Standard Package
(Tablet) (ME)
VoteCast is a hybrid Software-as-a-Service (SaaS) and Hardware-as-aService (HaaS) solution that enables government organizations to streamline the meeting process for both the clerk's office as well as elected officials. By leveraging this solution, the client will be able to automate meeting data capture and display – improving accuracy and keeping all attendees informed of meeting proceedings. Available on a variety of hardware as well as the iLegislate platform, elected officials can use their touchscreens or tablets to motion, second, vote, and request to speak. This data automatically populates to the clerk software (LiveManager) ensuring accuracy and reducing workload. As action items occur during the meeting, TVs or projectors hooked up to VoteCast Display will automatically show the current agenda item, motion on the floor, vote result, and speaker timer as well as speaker name. VoteCast includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Access to one Granicus platform site
• Access to the VoteCast software application for elected officials • Access to the VoteCast Display software application to output meeting proceedings to TVs or projectors in the meeting room VoteCast Tablet (ME) - Setup
and Configuration
Implementation includes:
• Access to an implementation consultant until project acceptance • VoteCast installation on one of the following hardware setups: Dell CPU and ELO Touchscreens, Microsoft Surface tablets, or iLegislateenabled devices • Access to video-based trainings around standard account functions and capabilities
The implementation process takes four to six weeks, on average, depending on the availability of stakeholders.

VoteCast - Online Training Virtual training session with a. Granicus professional services trainer VoteCast Display CPU (Dell)
(ME)
Dell CPU hardware for VoteCast Display that outputs meeting information like current agenda item or vote results to displays in the meeting room such as TVs or projectors.

US Shipping Charge B - Medium
Item
US shipping of a medium item
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Exhibit A
Cupertino, CA
Order #: Q-141769
Prepared: 08/03/2021

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Solution Description
iLegislate Voting - Onsite
Training
Onsite Training for iLegislate Voting
iLegislate Voting - Setup and
Configuration
Setup and configuration of iLegislate Voting
VoteCast Display - Setup and
Configuration
Implementation includes:
• Access to an implementation consultant until project acceptance • Design service for VoteCast Display template updates
• Access to video-based trainings around standard account functions and capabilities
The implementation process takes four to six weeks, on average, depending on the availability of stakeholders.

US Shipping Charge C - Large
Item
US shipping of a large item
eComment eComment reduces staff time by providing the ability to effortlessly collect and manage citizen input on agenda items. Citizens are allowed to either/or submit comments in regards to items or sign up to speak before a scheduled meeting.
eComment - Online Training Virtual training session with a Granicus professional services trainer. 379
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First Amendment to Granicus Master
Agreement
Final Audit Report 2021-08-09
Created: 2021-08-05
By: Marilyn Monreal ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAIH2WgFxY9l47i7EJJeIXT28OBKvpuSRv "First Amendment to Granicus Master Agreement" History
Document created by Marilyn Monreal ([email protected]) 2021-08-05 - 10:24:39 PM GMT- IP address: 64.165.34.3
Document emailed to Araceli Alejandre ([email protected]) for approval 2021-08-05 - 10:29:08 PM GMT
Document approved by Araceli Alejandre ([email protected]) Approval Date: 2021-08-05 - 10:39:43 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kelly Oliver ([email protected]) for signature 2021-08-05 - 10:39:45 PM GMT
Document e-signed by Kelly Oliver ([email protected]) E-signature obtained using URL retrieved through the Adobe Sign API Signature Date: 2021-08-09 - 9:51:30 PM GMT - Time Source: server- IP address: 216.193.158.137 Document emailed to Christopher D. Jensen ([email protected]) for signature 2021-08-09 - 9:51:31 PM GMT
Email viewed by Christopher D. Jensen ([email protected]) 2021-08-09 - 10:01:53 PM GMT- IP address: 104.47.73.254 Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2021-08-09 - 10:02:16 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Bill Mitchell ([email protected]) for signature 2021-08-09 - 10:02:18 PM GMT
Email viewed by Bill Mitchell ([email protected])
2021-08-09 - 10:07:41 PM GMT- IP address: 104.47.73.254 380
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Document e-signed by Bill Mitchell ([email protected]) Signature Date: 2021-08-09 - 10:07:58 PM GMT - Time Source: server- IP address: 73.63.186.99 Document emailed to Kirsten Squarcia ([email protected]) for signature 2021-08-09 - 10:08:00 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2021-08-09 - 11:28:36 PM GMT- IP address: 174.194.135.223 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021-08-09 - 11:28:49 PM GMT - Time Source: server- IP address: 174.194.135.223 Agreement completed.
2021-08-09 - 11:28:49 PM GMT
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1 Master Subscription Agreement
This Master Subscription Agreement (“ Agreement) is made and entered into as of the latter date of the signatures below ( the “ Effective Date”) by and between Cupertino, CA (“ Client”) and Granicus, LLC, a Minnesota Limited Liability Company d/ b/ a Granicus (“ Granicus”). Client and Granicus may each be referred to herein as “ Party” or collectively as “ Parties”.

By accessing the Granicus Products and Services, Client accepts this Agreement. Due to the rapidly changing nature of digital communications, this Agreement may be updated from time to time at Granicus’ sole discretion. Notification to Client will be via email or posting to the Granicus website.

1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified:

Agreement Term” means the total time covered by the Initial Term and all Extension Terms for each Order or SOW under this Agreement, further specified in Section 7.1.

Extension Term” means any term that increases the length of the Initial Term of this Agreement or an Order Term of an Order or SOW.

Granicus Products and Services” means the products and services made available to Client pursuant to this Agreement, which may include Granicus products and services accessible for use by Client on a subscription basis (“ Software- as-a-Service” or “SaaS”), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in each Order or SOW.

Initial Term” shall have the meaning specified in Exhibit A or Order or SOW between Granicus and Client for the first duration of performance that Client has access to Granicus Products and Services.

Order” means a written order, proposal, or purchase document in which Granicus agrees to provide and Client agrees to purchase specific Granicus Products and Services.

Order Term” means the then-current duration of performance identified on each Order or SOW, for which Granicus has committed to provide, and Client has committed to pay for, Granicus Products and Services.

Statement of Work” or “SOW” means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/ or performed by Granicus. Each Order or SOW shall describe the Parties’ performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order or SOW placed hereunder.

Support” means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order or SOW placed between the Parties.

2. Ordering and Scope

2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order or SOW related to the sale and purchase of Granicus Products and Services. Each Order or SOW will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order or SOW must, generally, be signed by the Parties; although, when a validly- issued purchase order by Client accompanies the Order or SOW, then the Order or SOW need not be executed by the Parties. Each Order or SOW shall be governed by this Agreement regardless of any pre-printed legal terms on each Order or SOW, and by this reference is incorporated herein.

ATTACHMENT F
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2 2.2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Client is not materially diminished.

2.3. Future Functionality. Client acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features.

2.4. Cooperative Purchasing. To the extent permitted by law and approved by Client, the terms of this Agreement and set forth in one or more Order or SOW may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other duly signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Client and the applicable additional party upon written request.

3. Use of Granicus Products and Services and Proprietary Rights

3.1. Granicus Products and Services. The Granicus Products and Services are purchased by Client as subscriptions during an Order Term specified in each Order or SOW. Additional Granicus Products and Services may be added during an Order Term as described in Section 2.1.

3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Client hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order or SOW ( collectively the “ Permitted Use”).

3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Client sources ( interactions with end users and opt-in contact lists). Client cannot upload purchased contact information into Granicus Products and Services without Granicus’ written permission and professional services support for list cleansing.

Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the Services outlined within this Agreement.

3.2.2. Passwords. Passwords are not transferable to any third party. Client is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through Client’ s passwords.

3.2.3. Content. Client can only use Granicus Products and Services to share content that is created by and owned by Client and/ or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Client, can be removed or limited by Granicus.

3.2.3.1. Disclaimers. Any text, data, graphics, or any other material displayed or published on Client’ s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party.

3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Client or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Client and a third party that compensates Client for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services.
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3 3.2.5. Granicus Subscriber Information for Communications Cloud Suite only

3.2.5.1. Data Provided by Client. Data provided by Client and contact information gathered through Client’ s own web properties or activities will remain the property of Client (“ Direct Subscriber”), including any and all personally identifiable information ( PII). Granicus will not release the data without the express written permission of Client, unless required by law.

3.2.5.2. Granicus shall not disclose the client’ s data except to any third parties as necessary to operate the Granicus Products and Services ( provided that the client hereby grants to Granicus a perpetual, noncancelable, worldwide, nonexclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products and Services by the client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and Services and any other legitimate business purpose including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).

3.2.5.3. Data Obtained through the Granicus Advanced Network

3.2.5.3.1. Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client’ s digital communication ( the “ Advanced Network”). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a “ Network Subscriber” to the agency it subscribed to through the Advanced Network.

3.2.5.3.2. Access to the Advanced Network is a benefit of the GovDelivery Communications Cloud subscription with Granicus. Network Subscribers are available for use only on the GovDelivery Communications Cloud while Client is under an active GovDelivery Communications Cloud subscription. Network Subscribers will not transfer to Client upon termination of any Granicus Order, SOW or Exhibit. Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Client within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating.

3.2.5.3.3. Opt-In. During the last 10 calendar days of Client’ s Order Term for the terminating Order, SOW or Exhibit placed under this Agreement, Client may send an opt-in email to Network Subscribers that shall include an explanation of Client’ s relationship with Granicus terminating and that the Network Subscribers may visit Client’ s website to subscribe to further updates from Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to Client upon termination.

3.3. Restrictions. Client shall not:

3.3.1. Misuse any Granicus resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; 384
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4 3.3.2. Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus Clients;

3.3.3. Client must not use the Granicus Products and Services in a manner in which system or network resources are unreasonably denied to other Granicus clients;

3.3.4. Client must not use the Services as a door or signpost to another server.

3.3.5. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order or SOW placed hereunder;

3.3.6. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services;

3.3.7. Use the Granicus Products and Services for any unlawful purposes;

3.3.8. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations;

3.3.9. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or

3.3.10. Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part.

3.4. Client Feedback. Client assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Client relating to the use of the Granicus Products and Services. Granicus may use such submissions as it deems appropriate in its sole discretion.

3.5. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/ or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Client. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them.

4. Payment

4.1. Fees. Client agrees to pay all fees, costs and other amounts as specified in each Order or SOW.

Annual fees are due upfront according to the billing frequency specified in each Order or SOW.

Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Client’ s responsibility to provide applicable exemption certificate( s).

4.2. Disputed Invoiced Amounts. Client shall provide Granicus with detailed written notice of any amount( s) Client reasonably disputes within thirty ( 30) days of the date of invoice for said amount( s) at issue. Granicus will not exercise its rights under 4.1 above if Client has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Client’ s failure to provide Granicus with notice of any disputed invoiced amount( s) shall be deemed to be Client’ s acceptance of the content of such invoice.

4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Client at least thirty (30) days prior to the end of the Order Term. Upon each yearly anniversary during the term of this Agreement ( including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees shall increase from the previous term’ s fees by up to ten (10) percent per year.
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5 5. Representations, Warranties and Disclaimers

5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so.

5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided “ AS IS” and as available.

5.3. Disclaimers. EXCEPT AS PROVIDED IN SECTION 5.2 ABOVE, EACH PARTY HEREBY DISCLAIMS ANY

AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN,

EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS AND SERVICES WILL MEET CLIENT’ S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.

6. Confidential Information

6.1. Confidential Information. It is expected that one Party ( Disclosing Party) may disclose to the other Party ( Receiving Party) certain information which may be considered confidential and/ or trade secret information (“ Confidential Information”). Confidential Information shall include: ( i) Granicus’ Products and Services, ( ii) non-public information if it is clearly and conspicuously marked as “ confidential” or with a similar designation at the time of disclosure; ( iii) non- public information of the Disclosing Party if it is identified as confidential and/ or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed.

Subject to applicable law, each Receiving Party agrees to receive and hold any Confidential Information in strict confidence. Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; ( b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and ( e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information.

If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance.

6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; ( ii) was in the Receiving Party’ s possession before receipt from the Disclosing Party; ( iii) is rightfully received by the Receiving party from a third party without any duty of confidentiality; ( iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’ s Confidential Information; or ( vi) is disclosed with the prior written approval of the Disclosing Party. 386
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6 6.3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/ or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Client provide such notice, Client must ensure that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Client.

6.4. Return of Confidential Information. Each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. Customer understands and agrees that it may not always be possible to completely remove or delete all personal data from Granicus’ databases without some residual data because of backups and for other reasons.

7. Term and Termination

7.1. Agreement Term. The Agreement Term shall begin on the date of the initial Order or SOW and continue through the latest date of the Order Term of each Order or SOW under this Agreement, unless otherwise terminated as provided in this Section 7. Each Order or SOW will specify an Order Term for the Granicus Products and Services provided under the respective Order or SOW.

Client’ s right to access or use the Granicus Products and Services will cease at the end of the Order Term identified within each Order or SOW, unless either extended or earlier terminated as provided in this Section 7. Unless a Party has given written notice to the other Party at least ninety ( 90) days prior to the end of the then- current Order Term, the Granicus Products and Services will automatically renew at the end of each term for an Extension Term of one (1) year.

7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order or SOW is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order or SOW until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders or SOWs shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement, in no event shall Client be entitled to a refund of any prepaid fees upon termination.

7.3. Termination for Cause. The non-breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: ( a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; ( b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage of any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order or SOW issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1.

7.4. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Client shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination.

7.5. Survival. All rights granted hereunder shall terminate upon the latter of the termination or expiration date of this Agreement, or each Order or SOW. The provisions of this Agreement with respect to warranties, liability, choice of law and jurisdiction, and confidentiality shall survive termination of this Agreement and continue in full force and effect. 387
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7 8. Limitation of Liability

8.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL

GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: ( A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CLIENT DATA; ( B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ( C) LOSS OF BUSINESS; ( D) DAMAGES ARISING

OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR ( E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL,

EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES.

8.2. LIMITATION OF LIABILITY. EXCEPT FOR CLIENT’ S BREACH OF SECTION 3.3, IN NO INSTANCE SHALL EITHER PARTY’ S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS

AGREEMENT ( WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CLIENT FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX ( 6) MONTHS

IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. GRANICUS SHALL NOT BE RESPONSIBLE FOR ANY

LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE

AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO ( 2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CLIENT’ S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE.

9. Indemnification

9.1. Indemnification by Granicus. Granicus will defend Client from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement (“ Claims”) and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses ( collectively, “ Losses,” and including reasonable attorneys’ fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW. In the event of such a Claim, if Granicus determines that an affected Order or SOW is likely, or if the solution is determined in a final, nonappealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW, Granicus will, in its discretion:
a) replace the affected Granicus Products and Services; ( b) modify the affected Granicus Products and Services to render it non-infringing; or ( c) terminate this Agreement or the applicable Order or SOW with respect to the affected solution and refund to Client any prepaid fees for the then-remaining or unexpired portion of the Order or SOW term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: ( i) a modification to any solution by Client ( or by anyone under Client’ s direction or control or using logins or passwords assigned to Client); ( ii) a modification made by Granicus pursuant to Client’ s required instructions or specifications or in reliance on materials or information provided by Client; or (iii) Client’ s use ( or use by anyone under Client’ s direction or control or using logins or passwords assigned to Client) of any Granicus Products and Services other than in accordance with this Agreement. This section 9.1 sets forth Client’ s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Granicus 388
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8 Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party.

9.2. Indemnification by Client. Client shall defend, indemnify, and hold Granicus harmless from and against any Claims, and shall pay all Losses, to the extent arising out of or related to (a) Client’ s or that of anyone authorized by Client or using logins or passwords assigned to Client) use or modification of any Granicus Products and Services; ( b) any Client content; or (c) Client’ s violation of applicable law.

9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim; ( b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party’ s prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party without the prior written consent of the indemnified Party.

10. General

10.1. Relationship of the Parties. Granicus and Client acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/ employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations.

10.2. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties.

10.3. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties.

10.4. Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

10.5. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party ( such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’ s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’ s business by means of merger, stock purchase, asset purchase, or otherwise.

Any assignment or attempted assignment in violation of this Agreement shall be null and void.

10.6. No Third- Party Beneficiaries. Subject to Section 10.5 this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement.

10.7. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder shall be in writing and shall be deemed to have been given upon: ( a) personal delivery; ( b) the day of receipt, as shown in the applicable carrier’ s systems, if sent via FedEx, UPS, DHL, or other 389
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9 nationally recognized express carrier; ( c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or ( d) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows:

Granicus Cupertino, CA
ATTN: Contracts ATTN: Nidhi Mathur
Address: 408 St. Peter Street
Suite 600
Saint Paul, MN 55102
Address:
10300 Torre Avenue
Cupertino, CA 95014
Phone: ( 651) 757- 4154 Phone: 408-777-3200
Email: contracts@granicus. com Email: Nidhim@cupertino. org

10.8. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty ( 20) days after occurrence of such cause or event.

10.9. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of California, without reference to the State’ s principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Santa Clara County, California.

10.10. Entire Agreement. This Agreement, together with all Orders or SOWs referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Client agree that any and all Orders or SOWs are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: ( 1) the terms of this Agreement; ( 2) Orders; ( 3) all other SOWs or other purchase documents; ( 4) Granicus response to Client’ s request for RFI, RFP, RFQ; and (5) Client’ s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Upon request, Granicus shall reference a purchase order number on its invoices, provided, however, that Client acknowledges that it is Client’ s responsibility to provide the corresponding purchase order information ( including a purchase order number) to Granicus upon the creation of such a purchase order. Client agrees that a failure to provide Granicus with the corresponding purchase order shall not relieve Client of its obligations to provide payment to Granicus pursuant to Section 4.1 above.

10.11. Reference. Notwithstanding any other terms to the contrary contained herein, Client grants Granicus the right to use Client’ s name and logo in Client lists and marketing materials. 390
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10 10.12. Injunctive Relief. Granicus is entitled to obtain injunctive relief if Client’ s use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective dulyauthorized representatives on the Effective Date as set forth above.

Granicus Cupertino, CA
By: By:

Authorized Signature) ( Authorized Signature)
Name: Name:

Print or Type Name of Signatory) ( Print or Type Name of Signatory) Title: Title:

Date: Date:

Execution Date) ( Execution Date)
Heather M. Minner
City Attorney
Kirsten Squarcia Date
City Clerk
Kelly Oliver
Vice President Contracts
Jun 24, 2021
Kelly Oliver
Heather M. Minner
Jun 29, 2021
CTO
Bill Mitchell
Jun 29, 2021
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408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for
United States Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

Page 1 of 15 ends

ORDER DETAILS
Prepared By:

Phone:

Email:

Order #:

Prepared On:

Expires On:

Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Current Subscription End Date: 07/ 05/ 2021
Initial Order Term End Date: 07/ 05/ 2026
Period of Performance: 07/ 06/ 2021 - 07/ 05/ 2022
The subscription includes the following domain(s) and subdomain( s):
cupertino.org

ORDER TERMS

EXHIBIT B
Granicus Proposal for Cupertino, CA
John Watkins
323) 909- 5189
john.watkins@granicus. com
Q-138801
06/ 03/ 2021
07/ 05/ 2021
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Renewing Subscription Fees
Solution Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
CampaignDocs Subscription 7/ 6/ 2021 to
7/5/ 2022 Annual 1 Each $ 1,461.93 $ 1,461. 93
DisclosureDocs Full Review
Subscription
10/15/2021 to
7/5/ 2022 Annual 1 Each $ 521.57 $ 377. 72
DisclosureDocs Ethics
Subscription
10/ 15/ 2021 to
7/ 5/ 2022 Annual 1 Each $ 736.87 $ 533.64
DisclosureDocs Subscription 10/ 15/ 2021 to
7/ 5/ 2022 Annual 1 Each $ 1,521.07 $ 1,101.56
eDisclosure Filer Module
Subscription
10/ 15/ 2021 to
7/5/ 2022 Annual 1 Each $ 1,521.07 $ 1,101. 56
Address Identification 12/31/2021 to
7/5/ 2022 Annual 1 Each $ 12,494.99 $ 6,452. 89
24/7 Hotline 12/ 31/ 2021 to
7/ 5/ 2022 Annual 1 Each $ 4,290.60 $ 2,215.83
Compliance Monitoring 12/ 31/ 2021 to
7/ 5/ 2022 Annual 1 Each $ 5,356.44 $ 2,766.27
Mobile Permitting &
Registration
12/31/2021 to
7/5/ 2022 Annual 1 Each $ 5,000.00 $ 2,582. 19
Rental Activity Monitoring 12/31/2021 to
7/5/ 2022 Annual 1 Each $ 7,149.66 $ 3,692. 36
Upgrade to SDI 720p
Streaming
1/ 26/ 2022 to
7/ 5/ 2022 Annual 1 Each $ 1,350.62 $ 599.76
Communications Cloud 1/ 26/ 2022 to
7/ 5/ 2022 Annual 1 Each $ 6,365.41 $ 2,826.65
Open Platform Suite 1/26/ 2022 to
7/5/ 2022 Annual 1 Each $ 4,051.83 $ 1,799. 27
Legistar 1/26/ 2022 to
7/5/ 2022 Annual 1 Each $ 9,724.41 $ 4,318. 26
Granicus Encoding Appliance
Software ( GT)
1/ 26/ 2022 to
7/ 5/ 2022 Annual 1 Each $ 1,350.62 $ 599.76
Communications Cloud
Advanced Package
1/ 26/ 2022 to
7/ 5/ 2022 Annual 1 Each $ 1,591.35 $ 706.66
Government Transparency
Suite
1/26/ 2022 to
7/5/ 2022 Annual 1 Each $ 5,875.17 $ 2,608. 95
Meeting Efficiency Suite 1/26/ 2022 to
7/5/ 2022 Annual 1 Each $ 5,740.10 $ 2,548. 97
394
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

Page 4 of 15 ends

Legistar Add-On - Laserfiche
Integration
1/ 26/ 2022 to
7/ 5/ 2022 Annual 1 Each $ 0.00 $ 0.00
Template - Sectioned View
Page
1/ 26/ 2022 to
7/ 5/ 2022 Annual 1 Each $ 0.00 $ 0.00
CampaignDocs - Hosting 7/6/2021 to
7/5/ 2022 Annual 1 Each $ 0.00 $ 0.00
CampaignDocs Public Kiosk
Subscription
7/6/2021 to
7/ 5/ 2022 Annual 1 Each $ 313.21 $ 313. 21
CampaignDocs Web
Publishing Subscription
7/ 6/ 2021 to
7/ 5/ 2022 Annual 1 Each $ 626.54 $ 626.54
eCampaign Subscription 7/ 6/ 2021 to
7/ 5/ 2022 Annual 1 Each $ 1,253.09 $ 1,253.09
Tax Collection 12/31/2021 to
7/5/ 2022 Annual 1 Each $ 0.00 $ 0.00
SUBTOTAL:$ 78,296.55 $ 40,487.07
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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FUTURE YEAR PRICING
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Period of Performance
Solution(s) 07/ 06/ 2022 -
07/ 05/ 2023
07/ 06/ 2023 -
07/ 05/ 2024
07/ 06/ 2024 -
07/ 05/ 2025
07/06/ 2025 -
07/ 05/ 2026
CampaignDocs Subscription $ 1,564.27 $ 1,673.76 $ 1,790.93 $ 1,916.29 DisclosureDocs Full Review
Subscription $ 558.08 $ 597.14 $ 638.94 $ 683.67
DisclosureDocs Ethics
Subscription $ 788.45 $ 843.64 $ 902.69 $ 965.88
DisclosureDocs Subscription $ 1,627.54 $ 1,741.47 $ 1,863.38 $ 1,993.81 eDisclosure Filer Module
Subscription $ 1,627.54 $ 1,741.47 $ 1,863.38 $ 1,993.81 Address Identification $ 13,369.63 $ 14,305.51 $ 15,306.90 $ 16,378.38 24/ 7 Hotline $ 4,590.94 $ 4,912.31 $ 5,256.17 $ 5,624.10 Compliance Monitoring $ 5,731.39 $ 6,132.59 $ 6,561.87 $ 7,021.20 Mobile Permitting & Registration $ 5,350.00 $ 5,724.50 $ 6,125.21 $ 6,553.98 Rental Activity Monitoring $ 7,650.14 $ 8,185.65 $ 8,758.64 $ 9,371.75 Upgrade to SDI 720p Streaming $ 1,445.16 $ 1,546.32 $ 1,654.56 $ 1,770.38 Communications Cloud $ 6,810.99 $ 7,287.76 $ 7,797.90 $ 8,343.76 Open Platform Suite $ 4,335.45 $ 4,638.94 $ 4,963.66 $ 5,311.12 Legistar $ 10,405.12 $ 11,133.48 $ 11,912.82 $ 12,746.72 Granicus Encoding Appliance
Software (GT)$ 1,445.16 $ 1,546.32 $ 1,654.56 $ 1,770.38 Communications Cloud
Advanced Package $ 1,702.74 $ 1,821.93 $ 1,949.47 $ 2,085.93 Government Transparency
Suite $ 6,286.43 $ 6,726.48 $ 7,197.33 $ 7,701.15
Meeting Efficiency Suite $ 6,141.90 $ 6,571.84 $ 7,031.87 $ 7,524.10 Legistar Add-On - Laserfiche
Integration $ 0.00 $ 0.00 $ 0.00 $ 0.00
Template - Sectioned View
Page $ 0.00 $ 0.00 $ 0.00 $ 0.00
CampaignDocs - Hosting $ 0.00 $ 0.00 $ 0.00 $ 0.00
CampaignDocs Public Kiosk
Subscription $ 335.13 $ 358.59 $ 383.70 $ 410.55
CampaignDocs Web Publishing
Subscription $ 670.40 $ 717.33 $ 767.54 $ 821.27
eCampaign Subscription $ 1,340.81 $ 1,434.66 $ 1,535.09 $ 1,642.55 397
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Tax Collection $ 0.00 $ 0.00 $ 0.00 $ 0.00
SUBTOTAL:$ 83,777.27 $ 89,641.69 $ 95,916.61 $ 102,630.78 398
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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PRODUCT DESCRIPTIONS
Solution Description
CampaignDocs Subscription CampaignDocs™ is apowerful desktop system used by the ROV staff that provides numerous features to help you manage your Campaign Filers, generate letters, emails, run reports on Filings, scan paper filing and receive Electronic Filings submitted by the filers that use eCampaign Module.

DisclosureDocs Full Review
Subscription
Filer Review – allows the Filing Officer to perform the required tasks of verifying the accuracy of forms and if needed requesting necessary Amendments. 20% on time and 100 % late filings. 10 % needs to be picked at random.

DisclosureDocs Ethics
Subscription
Ethics Training Tracking - Ethics and Sexual Harassment Prevention Training Tracking Modules work hand in hand with our DisclosureDocs / eDisclosure System. This Module allows tracking the Ethics Certificates and notifying Filers of their Ethics Training requirements.

DisclosureDocs Subscription DisclosureDocs™ is your robust desktop application that provides numerous features to help you manage your Filers, Conflict of Interest Code changes, Full and Facial Reviews, generate Letters, Emails, business process Reports and manage your corresponding Public Access and Electronic Filing components.
eDisclosure Filer Module
Subscription
eDisclosure™ application allows your Filers to login and file for all positions that he/she is holding as well as submit the filing totheir Filing Officer(s).

Address Identification Ongoing monitoring of 60+ Short Term Rental websites including major platforms Airbnb, VRBO, HomeAway, Booking. com, FlipKey, & Expedia. Our machine learning will deduplicate all known Listings into unique Rental Units, where our identification team will provide owner contact information for further enforcement. This product includes:- Ongoing monitoring of all listings in your jurisdiction
Updating listing activity and details every 3-5 days
Screenshot activity of every listing
Deduplication of listings into unique Rental Units
Activity dashboard and map to monitor trends and breakdown of compliance
399
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Solution Description
24/7 Hotline 24/7 web and phone hotline for your community to report short term rental complaints such as parking, trash, noise disturbances, and illegal short term rentals. This product include:- Mobile- enabled online web form for citizens to submit tips or complaints ( text, videos, and photos) 24/ 7 call center for citizens to contact and report complaints verbally Recordings for all call center complaints
Email notifications to your team when complaints are logged Automatic outbound IVR calls and SMS messages to permit emergency contacts notifying them of the complaint
SMS support for emergency contacts to mark acomplaint as acknowledged or resolved with the ability tosend resolution notes Hotline Dashboard for tracking complaint volumes, trends, and categories
Ability to upload Notes/ Comments to each complaint
Compliance Monitoring Compliance monitoring provides up-to-date information for each identified Rental Unit and its compliance status. We configure your compliance definition specific to your jurisdiction rules and ordinances in order to provide up-to-date compliance status of each identified Rental Unit. Additionally, this product will:- Allow your team to send letters tononcompliant properties 24/7 Configure letter templates with your branding and letterhead Add as many letter sequences as you need for escalation Monitor properties that become compliant after letter enforcement Mobile Permitting & Registration Mobile- enabled online forms and back- end systems for streamlining the registration/ licensing/ permitting of individual short- term rental hosts. These registration forms and workflows include:- Parcel Number lookup and validation
E-Signatures
ACH, Debit, and Credit Payments exclusively powered by Stripe. com Registration Number & Certificate creation
Document Upload
Renewals
Email confirmation
Admin approval & denial
Rental Activity Monitoring Ongoing monitoring of Short Term Rental listings for signs of rental activity including historical revenue estimates & occupancy. Coupled with our Tax Collection product, users can also compare historical revenue estimates to actual reported revenue to identify those that may be underreporting and underpaying sales tax (i.e. TOT).

Upgrade to SDI 720p Streaming Upgrade to SDI 720p Streaming (requires Digital encoder and HD feed) 400
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Solution Description
Communications Cloud The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations toconnect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/ text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud includes:

Unlimited email sends with industry- leading delivery and management of all bounces
Support to upload and migrate existing email lists
Access toparticipate in the GovDelivery Network
Ability to send mass notifications to multiple devices
24/7 system monitoring, email and phone support during business hours, auto-response to inbound messages from end users, and emergency support
Text- to-subscribe functionality
Up to 2 Web- hosted training sessions annually
Up to 50 administrators
Up to 1 GovDelivery account( s)
Access to a complete archive of all data created by the client for 18 months ( rolling)
Up to 3 hours of message template and integration development Up to 100 subscription topics
Up to 100,000 SMS/text messages per year from a shared short code within the United States*
International numbers are not supported. SMS/ text messages not used in the period of performance will not carry over to the following year.

Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/ documents, and index of archives. These are able to be published and accessible through a searchable viewpage. 401
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Solution Description
Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process ofthe clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes:

Unlimited user accounts
Unlimited meeting bodies and meeting types
Unlimited data storage and retention
Up to one (1) Legistar database
Up to one (1) InSite web portal
Granicus Encoding Appliance
Software ( GT)
Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/ stopped, agendas amended and indexed, votes and attendance recorded, and minutes created.

Communications Cloud
Advanced Package
The Advanced Cloud Module gives government communicators better insight into the needs of citizens and improves their ability to enhance online transactions, promote behavior change through public awareness, and improve citizen engagement. The Advanced Cloud Module adds streamlined marketing capabilities that incorporate greater degrees of audience segmentation, personalization, message testing, and mobile engagement. The Advanced Cloud Module includes:

Dynamic segmentation around bulletins, engagement, and
question ( e.g. zip code)
Canned campaigns for re-engagement and new subscriber
onboarding
Testing: Simple ( A/ B, 10/ 10/ 80)
A subscription for the Advanced Cloud Module is dependent on an active license for the GovDelivery Communications Cloud.

Government Transparency
Suite
Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, and indexing of events. 402
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Solution Description
Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardwareas-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post- meeting minutes creation processes of the clerk’ s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates toformat in Microsoft Word, and publish online with the click of abutton. Meeting Efficiency includes:

Unlimited user accounts
Unlimited meeting bodies
Unlimited storage of minutes documents
Access to the LiveManager software application for recording information during meetings
Access to the Word Add-in software component for minutes formatting in MS Word if desired
Up to one ( 1) MS Word minutes template ( additional templates can be purchased if needed)
Legistar Add-On - Laserfiche
Integration
Legistar Add-On - Laserfiche Integration is for the Legistar\ Laserfiche integration that allows for documents tobe imported from Laserfiche to Legistar and for Legistar to export reports\ attachments to Laserfiche CampaignDocs Public Kiosk
Subscription
Public access to your filings is available through your Public Kiosk in an unredacted form using our CampaignDocs Public Access™ module. The Public is able to search for filings in your office without the need of taking staff time to pull the original records. This is not only a cost savings for your staff, but eliminates the risk of the original filing disappearing or becoming misfiled when it’ s returned. If the Public wants a copy of a filing, they order it at the kiosk and pay for it atthe counter where they will pick up their copy.

CampaignDocs Web Publishing
Subscription
CampaignDocs WebPublisher™ module the public has access to redacted copies of the filings on the web. The public is able to search, view and print from their own computer without the need of using your agency’ s resources.
eCampaign Subscription eCampaign™ system is a benefit to your filers. Your filers will be able to use our data screens to enter their contributions / expenditures as they occur and file their forms by the due date. The system will validate the information and summarize all the information on the forms. There are several tools that will help your Filer properly file their filings. 403
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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Solution Description
Tax Collection Tax Collection can bebuilt as aseparate mobile-enabled form or coupled with Mobile Permitting & Registration in one single portal allowing your users to:- Report revenue monthly, quarterly, or annually and pay sales tax due (i.e TOT)
Remind users when they are registering for a permit/ license to also report any back taxes
Collect ACH, Debit, and Credit Payments exclusively powered by Stripe. com

GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
Granicus Communications Suite Subscriber Information.
o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client (' Direct Subscriber'), including any and all personally identifiable information ( PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: ( i) not disclose the Client' s data except to any third parties as necessary to operate the Granicus Products and Services ( provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, toimprove the functionality ofthe Granicus Products and any other legitimate business purpose, including the right tosublicense such data tothird parties, subject toall legal restrictions regarding the use and disclosure of such information).

Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' tothe agency it subscribed tothrough the Advanced Network.
o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client' s subscription, the Client may send an optin email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe tofurther updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided tothe Client upon termination. 404
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

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TERMS & CONDITIONS
This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Cupertino, CA to provide applicable exemption certificate( s).

Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement.

Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.

Client will be invoiced for use of any product or service measured or capped by volume or amount of usage that exceeds the permitted amount set forth in this Quote at the same cost or rate set forth herein.

Updates to Shared Short Codes for SMS/ Text Messaging:

Granicus will be migrating all clients with SMS/ Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States ( International numbers not supported). Short Codes are recommended for Text- to-Subscribe functionalities, if enabled where available, for an additional fee.

Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.

Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing.

Renewal pricing for Address Identification, Compliance Monitoring, Rental Activity Monitoring, 24/7 Hotline, Tax Collection, and Mobile Permitting & Registration is based on the average volume of rental listings or units for the preceding 10-12 months and is subject to volume-based pricing adjustments as described herein.

Granicus agrees to comply with the insurance provisions set forth in Exhibit A, attached hereto. 405
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Order Form
Cupertino, CA
Order #: Q-138801
Prepared: 06/ 03/ 2021

Page 15 of 15 ends

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
No
Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-138801 dated 06/03/2021 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

AGREEMENT AND ACCEPTANCE
406
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Contract No. ________

Page 11 of 13 ends

Exhibit A: Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured.

1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES Additional Insureds:

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

Primary Coverage:

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

Notice of Cancellation:

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

Workers' Compensation:

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Software Provider, its employees, agents, and subconsultants.

General Liability:

For bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Software Provider’ s policy shall be " primary and non-contributory," will not seek contribution from City’ s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). 407
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c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

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

Cyber Liability:

Insurance, with limits not less than:
2,000,000 each occurrence
2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Software Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Software Provider . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

2. ABSENCE OF INSURANCE COVERAGE.

City may direct Software Provider to immediately cease all activities with respect to this Agreement if it determines that Software Provider fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City’ s discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider.

3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

A Certificate of Insurance, on an Accord form, and completed coverage verification shall be provided to City by each of Software Provider' s insurance companies as evidence of the stipulated coverages prior to the Commencement Date of this Agreement, and annually thereafter for the term of this Agreement. All of the insurance companies providing insurance for Software Provider shall be licensed to do insurance business in the State of California and shall have, and provide evidence of, a Best Rating Service rate of A:VII or above. 408
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4. SUBCONTRACTORS
Software Provider shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’ s insurance policies.

5. HIGHER INSURANCE LIMITS
If Software Provider maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Software Provider .

6. ADEQUACY OF COVERAGE
City reserves the right to modify these insurance requirements/ coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety ( 90) days prior written notice.
409
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ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE ( MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
A/C, No, Ext): A/C, No):(
E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER EXPTYPEPOLICY EFF POLICY

OF INSURANCE MM/DD/YYYY)( MM/DD/YYYY) LIMITS(

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS- MADE OCCUR $ PREMISES ( Ea occurrence)
MED EXP ( Any one person)$
PERSONAL & ADV INJURY $
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PROPOLICY LOC PRODUCTS - COMP/ OP AGG $ JECT
OTHER:$
COMBINED SINGLE LIMIT $(
Ea accident)
ANY AUTO BODILY INJURY ( Per person)$
OWNED SCHEDULED BODILY INJURY ( Per accident)$

AUTOS ONLY AUTOS
HIRED NON- OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY ( Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS- MADE AGGREGATE $
DED RETENTION $$
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER( S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.

ACORDACORD 25 (2016/03) The ACORD name and logo are registered marks of

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers, LLC
CA License # OF15767
Three Embarcadero Center, Suite 600
San Francisco CA 94111
415) 568- 4000
Granicus, LLC
408 Saint Peter Street
Suite 600
Saint Paul MN 55102
GRAIN01
Columbia Casualty Company 31127
Continental Casualty Company 20443
The Continental Insurance Company 35289
National Fire Insurance Co of Hartford 20478
X
X
1,000, 000
1,000, 000
15, 000
1,000, 000
2,000, 000
2,000, 000
X X
X Comp $ 100 DedX Coll $1,000 Ded
1,000, 000

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX
N
X
1,000, 000
1,000, 000
1,000, 000
Cyber Liability $ 5M/ $25K RET.

B 6043664084 10/20/ 2020 10/ 20/2021
A 6043664103 10/ 20/ 2020 10/ 20/ 2021
D 596722177 ( E& O/Cyber) 12/15/ 2020 12/ 15/2021
C 6043664067 ( AOS) 10/ 20/ 2020 10/ 20/ 2021
C 6043664070 ( CA) 10/ 20/ 2020 10/ 20/ 2021

NOT APPLICABLE
10/20/2021
1449952
Y N
N N
Y
12/ 18/ 2020
N N
16781970
16781970 XXXXXXX
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014- 3255
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers, is an Additional Insured with respect to liability arising out of the operations of the insured and to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement or policy language.

X X
See Attachments
410
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To whom it may concern:

In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance.

To ensure electronic delivery for future renewals of this certificate, we need your email address.

Please contact us via one of the methods below, referencing Certificate ID 16781970.

Email: [email protected]
Phone: ( 213) 689- 2300
If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed.

In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above.

The above inbox is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox.

Thank you for your cooperation and willingness in reducing our environmental footprint.

Lockton Insurance Brokers, LLC – Pacific Series
Lockton Insurance Brokers, LLC
License #0F15767
777 S Figueroa Street, 52nd Fl / Los Angeles, CA 90017-5524 213-689-0065 / FAX: 213-689-0550
lockton.com
Attachment Code: D568356 Master ID: 1449952, Certificate ID: 16781970 411
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Ed. )
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.

TABLE OF CONTENTS

1. Additional Insureds

2. Additional Insured - Primary And Non-Contributory To Additional Insured’s Insurance

3. Bodily Injury – Expanded Definition

4. Broad Knowledge of Occurrence/ Notice of Occurrence

5. Broad Named Insured

6. Estates, Legal Representatives and Spouses

7. Expected Or Intended Injury – Exception for Reasonable Force

8. In Rem Actions

9. Incidental Health Care Malpractice Coverage

10. Joint Ventures/Partnership/ Limited Liability Companies

11. Legal Liability – Damage To Premises

12. Medical Payments

13. Non-owned Aircraft Coverage

14. Non-owned Watercraft

15. Personal And Advertising Injury – Discrimination or Humiliation

16. Personal And Advertising Injury - Limited Contractual Liability

17. Property Damage - Elevators

18. Supplementary Payments

19. Property Damage – Patterns, Molds and Dies

20. Unintentional Failure To Disclose Hazards

21. Waiver of Subrogation – Blanket
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Attachment Code: D524693 Certificate ID: 16781970
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1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
1) is currently in effect or becomes effective during the term of this Coverage Part; and 2) was executed prior to:
a) the bodily injury or property damage; or
b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
1) a higher limit of insurance than required by such contract or agreement; or 2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’ s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization’ s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’ s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the G-00000-A Page 2 of 1
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termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’ s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’ s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’ s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provision’ s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

I. Trade Show Event Lessor

1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’ s liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured’ s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured’ s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.

G-00000-A Page 3 of 1
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2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

J. Vendor
Any person or organization but only with respect to such person or organization’ s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization' s business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization’ s premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or
h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
1) the exceptions contained in Subparagraphs d. or f. above; or 2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

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1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor

2. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and
c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY – EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured’ s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:

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a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
a) any partnership or joint venture; or
b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, and of this endorsement’s JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business- as names (dba) as any Named Insured should choose to employ.

6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business.

7. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

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8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.

9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if:
1) such bodily injury is caused by an occurrence that takes place in the coverage territory. 2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
the Insured’ s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions.

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual’ s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/ Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured’ s employees or volunteer workers in the rendering of:

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a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
the Named Insured’ s employees are Insureds with respect to:
1) bodily injury to a co-employee while in the course of the co-employee’ s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’ s business; and
2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’ s business;
when such bodily injury arises out of a health care incident. the Named Insured’ s volunteer workers are Insureds with respect to:
1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and
2) bodily injury to an employee while in the course of the employee’ s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’ s business;
when such bodily injury arises out of a health care incident. b. delete Subparagraphs ( a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following:

Insured does not include any physician while acting in his or her capacity as such.

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D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
b. Excess Insurance
1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to:
the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor
the conduct of a current or past limited liability company in which a Named Insured’ s interest does/did not rise to the level of management control;
except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

11. LEGAL LIABILITY – DAMAGE TO PREMISES
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph ( 6) of the Damage to Property exclusion and replace it with the following:

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.

C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following:

6. Subject to Paragraph 5. above, ( the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:

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a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.

The Damage To Premises Rented To You Limit is $ 500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.

D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:
ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’ s care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part.

12. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
1)$ 15,000 unless a different amount is shown here: @@@@@@@@@@@@@@ ; or 2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

13. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

14. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph ( 2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:
2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
a) less than 75 feet long; and
b) not being used to carry persons or property for a charge.

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15. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:

Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
a) the Named Insured; or
b) any executive officer, director, stockholder, partner, member or manager ( if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.

Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY – DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from
Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part.

16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for damages:
1) that the Insured would have in the absence of the contract or agreement; or G-00000-A Page 11 of 1
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2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract.

Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:
a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and
b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.

B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:

Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

17. PROPERTY DAMAGE – ELEVATORS
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and 6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $ 250 limit shown for the cost of bail bonds and replace it with a 5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a 1,000. limit.

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19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs ( 3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of 25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit:

A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly.

20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

21. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured’s ongoing operations; or

2. your work included in the products-completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

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CNA Workers Compensation And Employers Liability Insurance Policy Endorsement

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.

It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy 1unless another expiration date is shown below.

Form No: G- 19160- B ( 11- 1997)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 7; Page: 1 of 1
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved.

Policy No: WC 6 43664070 - 1
Policy Effective Date: 10/ 20/ 2020
Policy Page: 38 of 52
Attachment Code: D529218 Certificate ID: 16781970
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Granicus Master Subscription Agreement
Final Audit Report 2021- 06-29
Created: 2021- 06-24
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAyvKDS9mZInINd47uAbfnKPCeoVO- HKnM Granicus Master Subscription Agreement" History
Document created by City of Cupertino ([email protected]) 2021- 06- 24 - 7:57:03 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2021- 06- 24 - 8:02:26 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2021- 06-24 - 10:50:10 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Kelly Oliver ([email protected]) for signature 2021- 06- 24 - 10:50:12 PM GMT
Email viewed by Kelly Oliver ([email protected]) 2021- 06- 25 - 0:50:18 AM GMT- IP address: 45.41.142. 115 Document e-signed by Kelly Oliver ([email protected]) Signature Date: 2021- 06-25 - 0:52:18 AM GMT - Time Source: server- IP address: 216. 193. 158. 137 Document emailed to Heather M. Minner ([email protected]) for signature 2021- 06- 25 - 0:52:21 AM GMT
Email viewed by Heather M. Minner ([email protected])
2021- 06- 25 - 5:07:40 PM GMT- IP address: 45.41.142. 21 Document e-signed by Heather M. Minner ( minner@smwlaw. com) Signature Date: 2021- 06-25 - 5:08:05 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Teri Gerhardt ([email protected]) for signature 2021- 06- 25 - 5:08:08 PM GMT
Email viewed by Teri Gerhardt ([email protected])
2021- 06- 25 - 5:09:42 PM GMT- IP address: 73.231. 141. 55 426
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City of Cupertino ( webmaster@cupertino. org) replaced signer Teri Gerhardt ( terig@cupertino. org) with Bill Mitchell ([email protected])
2021- 06- 28 - 10:08:14 PM GMT- IP address: 73.93.41.158 Document emailed to Bill Mitchell ([email protected]) for signature 2021- 06- 28 - 10:08:14 PM GMT
Email viewed by Bill Mitchell ([email protected])
2021- 06- 29 - 7:02:03 PM GMT- IP address: 64.165. 34.3 Document e-signed by Bill Mitchell ([email protected]) Signature Date: 2021- 06-29 - 8:08:27 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia ([email protected]) for signature 2021- 06- 29 - 8:08:28 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2021- 06- 29 - 8:51:29 PM GMT- IP address: 64.165. 34.3 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021- 06-29 - 8:52:14 PM GMT - Time Source: server- IP address: 64.165. 34.3 Agreement completed.
2021- 06- 29 - 8:52:14 PM GMT
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CITY OF CUPERTINO
Agenda Item
26-14778 Agenda Date: 3/17/2026
Agenda #: 7.

Subject: 2025 General Plan and Housing Element Annual Progress Report.

Receive the General Plan and Housing Element Annual Progress Report for the 2025 Reporting Year (Attachments A, B, and C).

CITY OF CUPERTINO Page 1 of 1 Printed on 3/12/2026
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COMMUNITY DEVELOPMENT DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Meeting: March 17, 2026
Subject
2025 General Plan and Housing Element Annual Progress Report Recommended Actions
Receive the General Plan and Housing Element Annual Progress Report for the 2025 Reporting Year (Attachments A, B, and C).

Background
Government Code Section 65400 and 65700 mandates that all cities and counties submit an annual report on the status of their General Plan and progress in its implementation to their local legislative bodies, the Governor's Office of Land Use and Climate Innovation (LCI)1, and the Housing and Community Development (HCD) by April 1 of each year.

While LCI provides guidance related to the General Plan Annual Progress Report (APR) portion of the reporting requirements, the Department of Housing and Community Development (HCD) provides separate guidance for the Housing Element APR.

The APR provides local legislative bodies and the public with information regarding the implementation of the General Plan for their city or county. The APRs also inform the public ofthe progress in meeting the community’s goals. The APRshould provide enough information for decision-makers to assess how the General Plan was implemented during the 12-month reporting period, which can be based on either the calendar year or fiscal year. More specifically, APRs should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan. The APRs should provide enough information to identify necessary "course adjustments" or modifications to the General Plan and means to improve local implementation.

Reasons for Recommendation and Available Options
Staff recommends that the Council receive the General Plan and Housing Element Annual Progress Reports for the 2025 Reporting Year. The Planning Commission received the report at its special meeting on March 9, 2026. The Commission asked questions about No 1 Formerly the Governor’s Office of Planning and Research (OPR) 429
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Net loss, Regional Housing Needs Assessment, and housing policies. Eventually, the Commission moved to continue the item to their next meeting to continue the discussion.

In January 2026, LCI released guidance on a revised format for General Plan APRs for the 2025 Reporting Year (see Attachment C). This identified the General Content and Additional Content that is suggested for inclusion in the report, as appropriate. LCI strongly recommends planning agencies follow the format, guidance, and submission instructions as described in the guidelines document. As a result, the new format for the General Plan APR reflects the updated guidance provided by LCI for the information that it requests to be included in the General Plan APR. The General Plan APR allows LCI to identify statewide trends in land use decision-making and how local planning and development activities relate to statewide planning goals and policies.

Next Steps
The report will be submitted to LCI and HCD by the statutory deadline (April 1).

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None.

Council Goal
Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.

Prepared by: Piu Ghosh, Planning Manager
Nicky Vu, Senior Housing Coordinator
Luke Connolly, Assistant Director of Community Development Reviewed by: Benjamin Fu, Director of Community Development Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – 2025 General Plan Annual Progress Report
B – 2025 Housing Element APR (Sub-attachment to Attachment A) C – LCI APR Guidelines Memo for Reporting Year 2025
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ATTACHMENT A
2025 General Plan Annual Progress Report
Date of presentation to City Council – March 17, 2026; Agenda Item “___” Date of the last update to the General Plan – May 2024
• Measures associated with the implementation of the General Plan with specific reference to an individual element – In 2025, the following measures were taken to implement the General Plan across various Elements of the General Plan. o Housing Element - The City has been implementing several Housing Element policies which are further described below in the Housing Element APR reporting requirements section and more extensively in Table D of HCD’s Housing Element APR (Attachment B).
o Mobility Element –
▪ Design and pre-construction work on the Wolfe Road interchange upgrade continued in 2025. This upgrade was contemplated with the 2014 General Plan update and has been in the works since 2016 with the passage of Measure B (which allows for funding for this upgrade). More information is available online here: https://www.vta.org/projects/i-280wolfe-road-interchangeimprovements-project. ▪ Design development on the Tamien Innu (Tamien trail along I-280) continued through 2025. Final design work and construction work is anticipated to begin in 2026. More details online at: https://www.cupertino.gov/YourCity/Departments/Public-Works/Transportation-Mobility/Projects/TamienInnu ▪ The City has also been actively engaged in preparing the Active Transportation Plan (ATP) for which extensive public outreach has been conducted. This project is expected to be completed in 2026. More information is available at Cupertino.gov/atp.
o Sustainability Element –
▪ Implementation of new software to help manage municipal energy use, with tools for better insight into usage.
▪ The City adopted a Reach Code that encourages installation of electric appliances, with approval from the CA Energy Commission and the CA Building Standards Commission. Updated regulations available online at:

Cupertino.gov/municode.
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▪ Cupertino also met its 100% trash load reduction goal as required by the City’s Municipal Regional Permit (Stormwater) through the city’s stormwater system to the creeks. This was achieved over 15 years of work primarily through installation (both public and private) of small trash capture devices in storm drain inlets as well as on-land monitoring.
o Health and Safety Element –
▪ A comprehensive update to this element underway. Study sessions were held in 2025 with Planning Commission and Public Safety Commission. Draft element to be released in early 2026. Expected to be completed in 2026. Project website: Cupertino.gov/healthandsafetyelement.
▪ The City adopted the new Fire Hazard Severity Zones for Local Responsibility Areas (LRAs) as recommended by the Department of California of Forestry and Fire Protection (CAL Fire) in June 2025. Updated Chapter 16.72 available online at: Cupertino.gov/municode.
o Recreation, Parks and Community Services –
▪ Design development for Lawrence Mitty Park continued through 2025. The land for the park was acquired in 2020 from the County of Santa Clara. More information about Lawrence Mitty Park may be found online at:

Cupertino.gov/lawrencemitty. The Rancho Rinconada neighborhood, annexed in 1999, was developed largely while in the County of Santa Clara’s jurisdiction. The County did not implement requirements for parks at the time of development. However, portions of the neighborhood belong to the Rancho Rinconada Recreation District, which funds a community pool and recreation center at the southeast corner of the City.
▪ In addition to the design development for Lawrence Mitty Park, the City entered into negotiations with the Cupertino Union School District for acquisition of surplus school property adjoining Sedgwick Elementary School (Finch property) located in the eastern side of the City. This approximately 1.5 acre property, acquired in 2017 by the school district, is being considered for acquisition as parkland in compliance with the City’s policies. The Finch property, if acquired successfully, together with Lawrence-Mitty Park, Barnhart-Sterling Park, and the Rancho Rinconada pool and recreation center will add to recreation opportunities in the eastern side of the City. • Housing Element APR reporting requirements – The Housing Element is one of the elements which comprise the General Plan but has separate requirements for annual reporting and submission. With the approval of the City Council, staff will submit the 2025 APR for the General Plan and Housing Element to LCI and HCD to satisfy the City’s annual reporting requirements for implementation of each respective document. The Housing Element APR must be completed on forms provided by HCD. 432
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Pursuant to Government Code Section 65400, local governments must provide, each year, an annual report for the previous calendar year to the legislative body (City Council), LCI, and HCD. HCD prepares the form template that cities must submit to comply with these statutory requirements.

In past years, the report focused on building permits issued for new housing units by affordability and a text narrative on how housing policies in the Housing Element were implemented. Since 2018, and every year after that, various state laws have expanded reporting requirements. In addition to data that was historically significantly requested, additional requested data now includes, but is not limited to:
address and APN of projects, date application deemed complete, date of entitlement approval, date of issuance of permits, and date of occupancy, tenure of units (ownership or rental), type of units (ADUs, single family attached/detached, 5+ units), Number of affordable units, level of affordability, length of affordability, financing utilized for unit/project, use of density bonus law, including which portions of the density bonus law are being utilized, description of waivers requested, incentives requested, parking reductions, and use of other state law provisions (such as SB35, AB2011, SB423, SB9 etc.), Justification of affordability of unit (inclusionary units or density bonus affordable units etc.).

All required data and progress in implementing existing Housing Element policies and strategies has been reported on the requisite forms and will be submitted to HCD prior to April 1 as required by state law (Attachment B).

The City’s progress on meeting its Regional Housing Needs Analysis (RHNA) goals is identified in Table B of Attachment B. In the 2025 reporting period, the City issued 46 ADU permits and 34 non-ADU permits for a total of 80 building permits for new units.

The following tables summarize the RHNA Generation by Developers (i.e. Building Permits issued in the 2025 reporting period) (see Table 1) and the Pipeline Entitlements in the City (see Table 2).

TABLE 1: BUILDING PERMITS ISSUED BY INCOME CATEGORY DURING THE 2025 PERIOD Extremely Low/
Very Low
(0-50% of AMI)
Low
(51-80% of
AMI)
Moderate
(81-120%
of AMI)
Above
Moderate
(> 120% AMI)
Total
Units
Projected Need (RHNA) 1,193 687 755 1,953 4,588
Net New Units Entitled by City
(Not Produced) (through 2025)
270 92 26 2,541 2,929
Building Permits Applied for
by Developers and Issued by
City
2025 17 18 19 57 111
2024 14 13 13 40 80
2023 and
prior 10 10 29 128 177
Total RHNA Production 41 41 61 225 368
Balance 1,152 646 694 1,728 4,220
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TABLE 2: PIPELINE ENTITLEMENTS APPROVED BY INCOME CATEGORY Extremely Low/
Very Low
(0-50% of AMI)
Low
(51-80%
of AMI)
Moderate
(81-120%
of AMI)
Above
Moderate
(> 120% AMI)
Total
Net New
Units
Projected Need (RHNA) 1,193 687 755 1,953 4,588
Total Building Permits Issued 41 41 61 225 368
RHNA balance 1,152 646 694 1,728 4,220
Projects
Entitled
through 2025 *
(No Building
Permits yet)
Westport (The Oaks) –
BP under review** - - - 136 136
The Rise (Vallco)*** 267 89 - 2,313 2,669
Toll Brothers 3 3 14 45 65
Summerhill I - - 12 47 59
Total Entitled by City (not expired) 270 92 26 2,541 2,929 RHNA Balance**** (if BPs were applied
for and issued for all entitled projects)
882 554 668 0 1,291
* The Hamptons project approved with 7 LI, 30 Mod, and 563 Above-Mod units (Total 600 units.). Project entitlement ends in 2026. Not included in pipeline. Several previously entitled (pipeline) projects have expired – Marina Plaza 2.0, Canyon Crossing and Coach House. Both Canyon Crossing and Coach House have been submitted with higher unit counts with state density bonus law.
** Westport (The Oaks) has been approved for a slightly higher unit count (13 units more) in early 2025. *** The Rise was resubmitted as a modification in Dec. 2025 with the same unit count but with a much lower (20%) affordable component, as allowed under revisions to state law. Table reflects updated numbers. **** Even though the City will issue building permits for several hundred units over its RHNA requirement in the above moderate income level, RHNA Balance cannot be less than zero and unit generation in any one income level cannot be applied to other income levels.

In addition to the data collected by HCD, HCD requires an update on the activity conducted in the implementation of the Housing Policies and Strategies in the General Plan. This is reflected in both Attachment 1 and Attachment 2 (Table D). The City continues to support the production of housing, particularly affordable housing, by providing technical support and guidance. It also continues to implement its local Below Market Rate (BMR) Housing Program and the Non-residential BMR program.

The City continues to allocate Community Development Block Group (CDBG) funds, Human Service Grant (HSG) funds and BMR Affordable Housing Fund (BMR AHF) funds to eligible and deserving projects and expenses. Furthermore, affordable housing programs and development projects are supplemented with City funding administered by the County of Santa Clara through the HOME Investment Partnerships fund and the Permanent Local Housing Allocation (PLHA) fund.

As identified in the Housing Element, the City is committed to completing several strategies to implement policies as needed to support affordable housing production, to enable preservation of affordable housing units, and to bolster protections of lowincome residents. 434
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Some key actions of the 2025 year included:
• Executed a Memorandum of Understanding for the West Valley Shelter Feasibility Study
• Committed funding to support two affordable housing projects: the Mary Ave Affordable housing project, which is planned to produce 40 units, with 19 very low-income units, 20 extremely low-income units, and 1 manager unit. Within the affordable unit mix, 19 units will be reserved for individuals with intellectual or developmental disabilities; and the Wolf Rd Educator housing project, which is planned to produce 249 units built across two phases. The first phase will be 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 be 148 units, with 60 very low-income units, 86 low-income units, and 2 manager units.

The Mary Ave project was awarded $3,000,000 in the BMR AHF fund, $908,683 in the PLHA fund, and $174,567.37 in the CDBG fund; and the Wolf Rd project was awarded $1,083,200 in the BMR AHF fund.
• Adoption of a Below Market Rate Anti-Displacement policy (Resolution 25-051), which amended the BMR Admin Manual, giving highest priority to tenants of expiring BMR rental units reapplying to the program waitlist to be rehoused, and created an expedited application for the process. Furthermore, the BMR Agreement for the Vallco RISE Project, which is expected to produce 356 affordable units, was amended to include a provision that tenants of BMR units with expiring affordability covenants would receive the highest priority for leasing.
• Reviewed local responses to various executive orders related to public camping bans, encampment abatement, and services related to the unhoused through the Housing Commission.
• Made recommendations to City Council to increase local funding to housing programs in light of federal funding uncertainties.
• Explored the possibility of implementing a home sharing program. • Studied possible tenant protection and anti-displacement strategies through the Housing Commission to recommend to City Council.
• Successfully conducting several Housing Element related outreach initiatives including:
o The Affordable Housing Developer Forum (development, production) o The West Valley Housing Resource Fair (fair housing, tenant protection) o Sacred Land, Shared Futures Workshop (faith-based organizations) o Several email outreach blasts and updates to the Outreach Master List (commercial property owners, employers, schools/school districts) 435
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In 2026, staff anticipates executing a CDBG loan extension to extend affordability covenants at Greenwood Court (4 units), presenting the findings of the West Valley Shelter Feasibility Study to City Council for endorsement, a public hearing for an implementation plan for various tenant protection and anti-displacement initiatives for Council’s consideration, evaluating impact fees and the Park Land Ordinance (which may be a constraint to housing development particularly for higher density developments anticipated on several Priority Housing Sites), developing objective design standards for multi-family and mixed-use projects, and conducting outreach to various community stakeholders on interest for affordable housing redevelopment. • The degree to which the General Plan complies with LCI’s General Plan Guidelines, including environmental justice considerations, collaborative planning with military lands and facilities, and consultation with tribal communities.

The City’s General Plan includes all required elements identified in the state law (land use, circulation, housing, conservation, open space, noise, and safety). The City’s General Plan includes optional elements for Infrastructure, while the Noise Element is incorporated in the Health and Safety Element of the General Plan. This existing structure of the elements is adequate under state law.

While the Land use, Circulation, Housing, Conservation, and Noise elements, are up to date, the City is in the process of updating the Health and Safety Element, which was required to be completed due to the adoption of the 6th Cycle Housing Element.

This project is anticipated to be completed in 2026. While the update to the Health and Safety Element did not anticipate many edits to the Noise Element portion of the Chapter, edits have been proposed to this section of the General Plan as well. The public draft of the Health and Safety Element has recently been made available for review on the project website online at: https://www.cupertino.gov/YourCity/Departments/Community-Development/Planning/Major-Projects/Health-andSafety-Element-Update.

Additionally, SB1425, passed in 2022, requires all cities and counties to update their Open Space Element by January 1, 20261. The update must incorporate actionable plans for equitable access to open space, climate resilience, and rewilding opportunities, closely coordinated with land use, safety, and environmental justice (where applicable) elements. However, due to staffing limitations and high volume of development projects on short timelines in state law, this effort has not been undertaken yet. This effort chould be included in the City Council’s future work program.
• Priorities for land use decision-making that have been established by the local legislative body (e.g., the passage of moratoria or emergency ordinances).

There are no priorities for land use decision-making established by the City Council. 1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1425 436
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• Goals, policies, objectives, standards, or other plan proposals that need to be added or were deleted, amended or otherwise adjusted.

In December 2025, the City’s inventory of Priority Housing Sites in the 6th Cycle Housing Element became insufficient to accommodate the City’s unmet Regional Housing Needs Allocation (RHNA) by each income category, as required by Govt.

Code Section 65863 (SB166, 2017)2. This insufficiency is a violation of Housing Element law. As a result, the City has 180 days from December 16, 2025, to identify additional sites or invoke other strategies allowable by state law to ensure that the Priority Housing Sites list is sufficient to accommodate the City’s unmet RHNA by income category. Identification of a scope of work and early work on this action has been initiated. It is anticipated that more information will be presented to the Commission and Council in early 2026.

Issues to consider about this situation have been outlined in an informational memo to Council which is available online here: Housing Element No Net Loss Requirements. It should be noted that while development of townhomes (typically at densities between 17 – 22 du/ac) is lucrative for developers in the City and is at a lower, more acceptable density for the community, these lower densities may continue to contribute and push the City into insufficient capacity by income level for purposes of state law and/or require the City to continue to find new, and potentially more, sites for development as housing through the 6th Cycle (and beyond).

Development at densities upwards of 85 or 100 du/ac – similar to the Hanover development being proposed at 19220 and 19300 Stevens Creek Blvd, with 363 units on 2.67 acres – appear to be continuing to move forward. Such higher density development with smaller unit sizes than single family sized townhomes, located along the City’s major transportation corridors, will help the City meet the lower income RHNA numbers.

Additionally, it should be noted that state law continues to water down local agencies ability to implement their Below Market Rate (BMR) Program requirements (which they are required to by their Housing Elements) and, essentially, allowing developers to choose to pay out their BMR affordability requirements, or forcing cities to accept lower affordable requirements outlined by state law utilizing the state density bonus law. These are issues that the City must grapple with when addressing the no-net loss situation.
• One or more lists of the following, including reference to the specific general plan element or policy, status (i.e., approved/denied, initiated/ongoing/completed, etc.), and a brief comment on how each advanced the implementation of the General Plan during the past year:
• Planning activities initiated – These may include but are not limited to, master plans, specific plans, master environmental assessments, annexation studies, and other studies or plans. No new planning activities, as defined in this section, have been initiated in 2 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65863.&lawCode=GOV 437
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2025. However, the City’s Planning staff worked on several Municipal Code amendments in 2025, which were adopted by Council, related to Accessory Dwelling Units (ADUs) and consistency with SB 450.
• General Plan amendments – These may include agency-driven as well as applicant-driven amendments. No new General Plan amendments have been initiated or proposed in 2025.
• Major development applications processed – No commercial/non-residential projects have been proposed or approved in 2025.

Several housing development projects have been applied for and process in 2025, particularly since adoption of the Housing Element. The following projects have been received and/or are being processed in 2025:

Location and Project
Description Status Builder’s Remedy/ Density Bonus?

1. 21267 Stevens Creek
Boulevard (Westport (former
Oaks) – 136 senior assisted
living units
▪ Modification of previous
entitlement to increase unit count
by 13 units
▪ Project approved on May 6, 2025.
▪ General Plan density compliant
▪ Density Bonus waivers and
incentives requested.

2. 20770, 20830, 20840, & 20850
Stevens Creek Blvd (Pizza
Hut/ Fontana’s/Staples) – 59
townhomes with 12
affordable units
▪ SB330 Preliminary Application
submitted on January 29, 2024.
▪ Formal Application filed July 22,
2024.
▪ Project approved in July 2025
▪ General Plan density compliant at
time of SB330 Preliminary
Application submittal.
▪ Density Bonus waivers and
incentives requested.

3. United Furniture site – 55
townhomes, including 11
affordable units
▪ SB330 Preliminary Application
submitted on February 14, 2024.
▪ Formal Application filed July 31,
2024.
▪ Project approved Dec. 16, 2025.
▪ General Plan density compliant at
time of SB330 Preliminary
Application submittal.
▪ Density Bonus waivers and
incentives requested.

4. Vista Heights (portion of
former McDonald Dorsa
quarry, APN 356 05 007) – 30
homes, including six
affordable units, and a
commercial gymnasium
▪ SB330 Preliminary Application
submitted on February 20, 2024.
▪ Formal Application submitted
August 16, 2024.
▪ Utilizing BR provisions of HAA for
standards, including density and
land use (commercial use proposed
on residential property).

5. Scofield Condos (20739
Scofield Ave) – 20 condos
including 4 affordable units
▪ SB330 Preliminary Application
submitted on February 21, 2024.
▪ Formal Application submitted on
August 19, 2024.
▪ Utilizing BR provisions of HAA for
standards, including density and
land use

6. 20807, 20813, 20823, and
20883 Stevens Creek
Boulevard (Stevens Creek
Office Center/Panera Bread)
– 139 SFR and townhomes,
including 28 affordable units
▪ SB330 Preliminary Application
filed on April 1, 2024.
▪ Formal Application submitted
September 25, 2024.
▪ Project anticipated to be heard in
early 2026.
▪ General Plan density compliant at
time of SB330 Preliminary
Application submittal.
▪ Density Bonus waivers and
incentives requested.
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Location and Project
Description Status Builder’s Remedy/ Density Bonus?

7. 20085 Stevens Creek Blvd
(Office buildings) - 55
townhomes, including 11
affordable units
▪ SB330 Preliminary Application
submitted on June 27, 2024.
▪ Formal Application submitted on
December 19, 2024.
▪ Project anticipated to be heard in
early 2026.
▪ General Plan density compliant at
time of SB330 Preliminary
Application submittal.
▪ Partial Priority Housing Site
▪ Density Bonus waivers and
incentives requested.

8. 11841 Upland Way - 6
homes, including two
affordable units
▪ SB330 Preliminary Application
submitted on July 15, 2024.
▪ Formal Application submitted on
January 10, 2025.
▪ Utilizes BR provisions of HAA for
standards, including density.

9. 20865 McClellan Rd – 27
townhomes, including 4
affordable units
▪ SB330 Preliminary Application
submitted on October 8, 2024.
▪ Formal Application submitted on
October 17, 2024.
▪ Project hearings possibly in 2026.
▪ General Plan density compliant.
▪ Priority Housing site.
▪ Density Bonus waivers and
incentives requested.

10. Evulich Ct (10857 – 10887
Linda Vista) – 51
townhomes, including 11
affordable units
▪ SB330 Preliminary Application
submitted on October 9, 2024
▪ Formal Application submitted on
December 18, 2024.
▪ Project anticipated to be heard in
early 2026.
▪ General Plan density compliant.
▪ Priority Housing site.
▪ Density Bonus waivers and
incentives requested.

11. 20045 & 20065 Stevens
Creek Blvd (Office
Buildings) – 32 townhomes,
including 6 affordable units
▪ SB330 Preliminary Application
submitted on February 13, 2025.
▪ Formal Application submitted on
March 3, 2025.
▪ Project hearings possibly in 2026.
▪ General Plan density compliant
▪ Density Bonus waivers and
incentives requested.

12. Mary Avenue Villas (City
Property) – 39 affordable
plus one manager unit
▪ Formal Application submitted on
April 3, 2025.
▪ Project anticipated to be heard in
early 2026.
▪ General Plan density compliant
▪ Priority Housing site.
▪ Density Bonus waivers and
incentives requested.

13. 19820 Homestead
Rd/Homestead Townhomes
(existing SFR) – 12
townhomes, including one
affordable unit
▪ SB330 Preliminary Application
submitted on December 6, 2024.
▪ Formal Application submitted on
April 29, 2025.
▪ Project anticipated to be heard in
early 2026.
▪ General Plan density compliant
▪ Priority Housing Site
▪ Density Bonus waivers and
incentives requested.

14. Wolfe Road Teacher
Housing/Eden Housing
(parking lot) – 250
affordable units
▪ SB330 Preliminary Application
submitted on June 26, 2025.
▪ Formal Application submitted on
June 26, 2025.
▪ Project anticipated to be heard in
early 2026.
▪ General Plan density compliant
▪ Priority Housing Site
▪ Density Bonus waivers and
incentives requested.
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Location and Project
Description Status Builder’s Remedy/ Density Bonus?

15. 1655 S. De Anza Blvd
Townhomes/Dividend
Homes IV (Coach House) –
35 townhomes, including 5
affordable units
▪ SB330 Preliminary Application
submitted on September 12, 2025.
▪ Formal Application submitted on
September 29, 2025.
▪ General Plan density compliant
▪ Density Bonus waivers and
incentives requested.

16. Canyon Crossing (Foothill
Market) – 8 SFR, 6
townhomes, 15 condos,
including 5 affordable units
▪ SB330 Preliminary Application
submitted on June 26, 2025.
▪ Formal Application submitted on
October 15, 2025.
▪ General Plan density compliant
▪ Density Bonus waivers and
incentives requested.

17. Summerhill II (10268
Bandley Dr) – 27
townhomes, including 5
affordable units
▪ SB330 Preliminary Application
submitted on
January 24, 2025.
▪ Formal Application submitted on
November 3, 2025.
▪ General Plan density compliant
▪ Density Bonus waivers and
incentives requested.

18. Dollinger Properties (1601
S. De Anza Blvd) -104
townhomes, including 11
affordable units
▪ SB330 Preliminary Application
submitted on
June 24, 2025.
▪ Formal Application submitted on
December 11, 2025.
▪ General Plan density compliant
▪ Density Bonus waivers and
incentives requested.

19. The Rise (Vallco Town
Center) – 2,669 units,
including 356 affordable
units, 226ksf retail and
~1.5mn sf office
▪ Modification submitted
December 1, 2025
▪ Review and decision by February
27, 2026
▪ General Plan density as of 2018
compliant
▪ Density Bonus waivers and
incentives requested
▪ Continues to utilize SB35 (and
SB423) provisions of state law
In all, the City has entitled 127 net new residential units in 2025, not including the 136 senior assisted living units previously approved at Westport, which was the subject of their modification application.

The City has been reviewing projects which could generate ~3,500 residential units (including the previously approved Rise project, which is in the process of being modified by the applicant). These units account for a 16.67% increase in the total unit count in the City. Excluding the Rise, the remaining various proposals that could add 828 new residential units.

Additional Content: LCI’s memo about General Plan reporting includes additional suggestions to make the APR a more comprehensive tool for illustrating planning and development activities within the jurisdiction. While not all jurisdictions, including Cupertino, do not have the resources to address them annually, they are mentioned as examples of how some jurisdictions have effectively incorporated other types of information into their APRs. Cities and counties may incorporate this information into 440
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their APRs, where available and as deemed appropriate. Where information was available, it has been provided below.
• Review of interagency or intergovernmental coordination efforts and identify areas for improvement. This may include participation in a regional blueprint or partnerships with State or Federal programs. Cupertino’s General Plan includes several policies related to participation in regional planning efforts. To this end, Cupertino routinely coordinates with regional agencies on Planning, Transportation, Water Conservation, Stormwater Pollution, and other efforts. This includes participation in the Santa Clara County Planning Collaborative – a regional planning collaboration, with particular emphasis on Housing Element implementation and finding ways to leverage technical expertise and funds at a regional level to further shared housing policies.

Housing Division staff also collaborate in a regional effort to specifically address housing related issues in a regional housing group, which is coordinated by Santa Clara County staff. The City staff in Planning and Transportation participates and collaborates with the Valley Transportation Authority (VTA) on working groups where technical expertise in land use and transportation is shared to inform any regional initiatives to leverage costs and region-wide improvements, including as it relates to any Greenhouse Gas emission reduction programs, Vehicles Miles Traveled modeling and related issues. Staff in the Environmental Services Division participates in regional efforts the Santa Clara Valley Water has related to drought tolerance, water conservation and stormwater pollution.
• Review of the implementation of mitigation measures from the General Plan Final Environmental Impact Report or Negative Declaration. All mitigation measures that were identified in the 2014 General Plan EIR and the Environmental Assessment prepared for the 6th Cycle Housing Element Update are added as conditions of approval of project review and implemented during Building permit review. These include conditions related to Air Pollution, Cultural Resources, Noise and Biological Resources.
• Review of equity planning considerations of the General Plan, such as impacts on ethnic or socioeconomic population groups (i.e., environmental justice issues). While there are equity related Housing Element policies, which the City is implementing, there are no AB1000 related environmental justice issues/census tracts identified in Cupertino. • Efforts to promote infill development, reuse, and redevelopment particularly in underserved areas while preserving cultural and historic resources. All areas of Cupertino are identified to be in Very High or High Resource areas. As a result, this is not applicable to the City.
• Efforts to protect environmental and agricultural resources and other natural resources. The City has adequate zoning in place to protect existing open spaces and few remaining agricultural resources within the City.
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• Efforts to encourage efficient development patterns. Cupertino does not have green fields available for development. The City continues to promote infill development by identifying the bulk of its Priority Housing Sites along transportation corridors that are occupied by underperforming non-residential uses. The City approved three residential developments in 2025, including a modification to a previously approved project at the former Oaks Shopping Center (Westport) which included an increase in the number of housing units being provided. Overall, the City has reduced nonresidential uses by over 100,000 square feet with these three projects. In addition, the City Council and Planning Commission identified a few large sites within neighborhoods that were either vacant or occupied one single family home. Four of these sites already have interest and have projects proposed or anticipated on them – these include the sites at Evulich Court (anticipated hearings in February and March 2026), and McClellan Road (possible Fall 2026 hearings). • Identify and monitor customer service improvements and methods to encourage public involvement in planning activities. In addition to the review of Planning and building permits, which involved its own meetings and outreach and phone inquiries from members of the public, Planning staff has responded to over 1,600 public counter inquiries in person, over 175 virtual appointment inquiries, over 2,700 phone inquiries and over 2,000 discrete email inquiries from members of the public.

Staff continues to work toward responding efficiently and promptly to all public inquiries, while ensuring that state mandated deadlines are met on housing development projects increasing. State mandates on timelines related to housing projects continue to place pressure on staff to review and respond to projects in a timely manner, particularly with the introduction of new California Environmental Quality Act (CEQA) exemptions with broad applicability over infill projects, which have very tight deadlines related to tribal consultations, project review and hearing schedules. The City has a Work Program item related to notification for projects, which it will attempt to complete within the next fiscal year. 442
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Jurisidiction Name
Reporting Calendar YearFirst NameLast NameTitle Click here to download APR InstructionsEmailPhoneStreet AddressCityZipcode v_11_24_25
Please Start Here
General Information
2025
Cupertino
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 10300 Torre Ave
Cupertino
95014
Luke
Connolly
Assistant Director of Community Development
[email protected]
4087771275
Mailing Address
Annual Progress Report January 2020
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Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing.

Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is Optional: This macro identifies dates entered that occurred outside of the reporting year.

RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://hcd.my.site.com/hcdconnect Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2025 (no spaces). Example: the City of San Luis Obispo would save their file as SanLuisObispo2025 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
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Jurisdiction Cupertino
Reporting Year 2025
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted
0 Non-Deed
Restricted
0 Deed
Restricted
0 Non-Deed
Restricted
0 Deed
Restricted
0 Non-Deed
Restricted 17
Deed
Restricted
0 Non-Deed
Restricted 18
Deed
Restricted
1 Non-Deed
Restricted 18
57 111
Units by Structure Type Entitled Permitted Completed
Single-family Attached07 23
Single-family Detached5 45 31
2 to 4 units per structure000
5+ units per structure 2000
Accessory Dwelling Unit3 59 48
Mobile/Manufactured Hom
e 00 0
Total 28 111 102
Infill Housing Developments and Infill Units Permitte
d # of Projects Units
111 111
00 113
3,195
2,768000
Income Rental Ownership Total
Acutely Low 00 0
Extremely Lo
w 00 0
Very Lo
w 00 0
Low 00 0
Moderate 00 0 Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zon
e 00
SB 9 (2021) - Residential Lot Spli
t 33
AB 2011 (2022) 00
SB 6 (2022) 00
SB 423 (2023) 00
Ministerial and Discretionary Application
s # of Units
Ministeria
l 96 2780
Discretionar
y 17 415
Density Bonus Applications and Units Permitte
d
Number of Applications Submitted Requesting a Density Bonus 12 Number of Units in Applications Submitted Requesting a Density Bonus 3077 Number of Projects Permitted with a Density Bonus
0 Number of Units in Projects Permitted with a Density Bonu s
0 Housing Element Programs Implemented and Sites Rezoned Count 640
Total Housing Applications Submitted
Number of Proposed Units in All Applications Received:

Total Housing Units Approved
:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Units Constructed - SB 423 Streamlining Permit
s
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
Acutely Low
Extremely Low
445
CC 03-17-2026
445 of 1887
Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Historic Sites Application Status Project Type Notes 2 34 6 7 8 9 10 12 13 14
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Date
Application
Submitted
(see
instructions)
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low-Income
Deed
Restricted
Extremely
Low-Income
Non Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Total

APPROVED
Units by
project
Total

DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Is this project
located on a
site with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 17 0 209 24 884 24 90 24 1923 3195 2768 0 316 02 056 316 02 056
10511 Randy Ln MMP-2025-002
SFD O
8/24/2025
1 1 1 0 SB 9 (2021) -
Residential Lot
Split
No No N/A Approved Ministerial
375 24 002 375 24 002 10430 Sterling
Blvd MMP-2024-004 SFD O 5/5/2025
1 1 1 NONE No No N/A Approved Ministerial
SFH proposed under SB9
316 21 068 316 21 068
10181 Blich Pl R-2025-001, RM- 2025-002 SFD O 4/16/2025 1 1 NONE No No N/A Pending Discretionary project includes SFD and two ADUs in the same site (3 units total) 316 21 069 316 21 069 10181 Blich Pl R-2025-001, RM- 2025-002 ADU R 4/16/2025 2 2 2 NONE No No N/A Pending Ministerial
316 23 095 316 23 095
20045 Stevens
Creek Blvd Dividend II
ASA-2025-004,
DP-2025-005,
PR-2025-010
5+ O
6/18/2025
6 26 32 NONE No Yes N/A Pending Discretionary
327 19 100 327 19 100 21853 Oakview
Ln
RM-2025-
001,TR-2025-
020
ADU R
2/5/2025
1 1 1 NONE No No N/A Approved Ministerial
327 19 100 327 19 100 21853 Oakview
Ln
RM-2025-
001,TR-2025-
020
SFD O
2/5/2025
1 1 1 NONE No No N/A Approved Discretionary
326 27 053 326 27 053 10300 Torre
Ave
Mary Ave Affordable
Housing ASA-2025-006
5+ R
9/4/2025
17 15 7 1 40 NONE No Yes N/A Pending Discretionary
326 28 061
326 28 061
21130 Grenola
Dr RM-2025-013 SFD O 6/20/2025 1 1 1 NONE No No N/A Approved Discretionary 342 16 102 342 16 102 22620 Alcalde
Rd ASA-2025-010 2 to 4 O 12/11/2025 2 2 NONE No No N/A Pending Discretionary 357 12 035 357 12 035 10434 Byrne
Ave RM-2025-020 SFD O 9/8/2025 1 1 NONE No No N/A Pending Discretionary 357 12 035 357 12 035 10434 Byrne
Ave RM-2025-020 ADU R 9/8/2025
1 1 1 NONE No No N/A Pending Ministerial
357 15 030 357 15 030 21858 Almaden
Ave R-2025-002 SFD O 10/16/2025 1 1 1 NONE No No N/A Approved Discretionary 366 03 062 367 03 062
11841 Upland
Way
ASA-2025-001,
TM-2025-001,
EXC-2025-001,
TR-2025-001
SFD O
1/10/2025
1 1 NONE No Yes N/A Pending Discretionary
367 03 062 368 03 062
11842 Upland
Way
ASA-2025-001,
TM-2025-001,
EXC-2025-001,
TR-2025-002
SFD O
1/10/2025
1 1 NONE No Yes N/A Pending Discretionary
368 03 062 369 03 062
11843 Upland
Way
ASA-2025-001,
TM-2025-001,
EXC-2025-001,
TR-2025-003
SFD O
1/10/2025
1 1 NONE No Yes N/A Pending Discretionary
369 03 062 370 03 062
11844 Upland
Way
ASA-2025-001,
TM-2025-001,
EXC-2025-001,
TR-2025-004
SFD O
1/10/2025
1 1 NONE No Yes N/A Pending Discretionary
370 03 062 371 03 062
11845 Upland
Way
ASA-2025-001,
TM-2025-001,
EXC-2025-001,
TR-2025-005
SFD O
1/10/2025
1 1 NONE No Yes N/A Pending Discretionary
371 03 062 372 03 062
11846 Upland
Way
ASA-2025-001,
TM-2025-001,
EXC-2025-001,
TR-2025-006
SFD O
1/10/2025
1 1 NONE No Yes N/A Pending Discretionary
365 10 126,
36610 061
366 10 126,
36610 061
1654 S De Anza
Blvd, 7357
Prospect Rd
Dividend Homes
ASA-2025-014,
TM-2025-006,
TR-2025-029
5+ O
12/16/2025
11 46 57 NONE No Yes N/A Pending Discretionary Formal complete letter sent out in January 2026, application submitted December 2025
326 33 097 327 33 097
10268 Brandley
Dr Summerhill Homes ASA-2025-016
5+ O
12/23/2025
5 22 27 NONE No Yes N/A Pending Discretionary Formal complete letter sent out in January 2026, application submitted December 2026
375 24 002 10430 Sterling
Blvd MMP-2024-004 ADU R 5/5/2025
1 1 1 NONE No No N/A Approved Ministerial ADU on the second floor of new two-story house
357 15 030 21858 Almaden
Ave R-2025-002 ADU R 10/16/2025
1 1 1 NONE No No N/A Approved Ministerial ADU on the second floor of new two-story house
357 01 038 357 01 038 10149 CASS PL BLD-2025-3024 ADU R 11/24/2025 1 1 1 NONE No No N/A Pending Ministerial326 22 012 326 22 012 10211 SANTA CLARA AVE BLD-2025-2116 SFD O 9/2/2025 1 1 1 NONE No No N/A Pending Ministerial326 22 012 326 22 012 10211 SANTA CLARA AVE BLD-2025-2117 ADU R 9/2/2025 1 1 1 NONE No No N/A Pending Ministerial326 22 027 326 22 027 10215 SANTA CLARA AVE BLD-2025-2009 SFD O 8/19/2025 1 1 1 NONE No No N/A Pending Ministerial326 22 027 326 22 027 10215 SANTA CLARA AVE BLD-2025-2011 ADU R 8/19/2025 1 1 1 NONE No No N/A Pending Ministerial375 25 064 375 25 064 10220 JOHNSON AVE BLD-2025-1628 SFD O 7/9/2025 1 1 1 NONE No No N/A Pending Ministerial 375 25 064 375 25 064 10220 JOHNSON
AVE BLD-2025-1629 ADU R 7/10/2025 1 1 1 NONE No No N/A Pending Ministerial 357 08 052 357 08 052 10234 SCENIC BLVD BLD-2025-3282 SFD O 12/19/2025 1 1 1 NONE No No N/A Pending Ministerial357 08 052 357 08 052 10234 SCENIC BLVD BLD-2025-3283 SFD O 12/19/2025 1 1 1 NONE No No N/A Pending Ministerial357 08 052 357 08 052 10234 SCENIC BLVD BLD-2025-3284 ADU R 12/19/2025 1 1 1 NONE No No N/A Pending Ministerial375 16 018 375 16 018 10285 WUNDERLICH DR BLD-2025-3188 SFD O 12/15/2025 1 1 1 NONE No No N/A Pending Ministerial375 16 018 375 16 018 10285 WUNDERLICH DR BLD-2025-3189 ADU R 12/15/2025 1 1 1 NONE No No N/A Pending Ministerial326 13 116 326 13 116 10288 VISTA KNOLL BLVD BLD-2025-2835 ADU R 10/31/2025 1 1 1 NONE No No N/A Pending Ministerial375 15 041 375 15 041 10349 MENHART LN BLD-2025-1351 ADU R 6/3/2025 1 1 1 NONE No No N/A Pending Ministerial357 02 051 357 02 051 10370 PALO VISTA RD BLD-2025-1692 ADU R 7/16/2025 1 1 1 NONE No No N/A Pending Ministerial375 14 027 375 14 027 10370 STERN AVE BLD-2025-2352 ADU R 9/25/2025 1 1 1 NONE No No N/A Pending Ministerial 362 04 051 362 04 051 1038 CRANBERRY DR BLD-2025-1266 ADU R 5/23/2025 1 1 1 NONE No No N/A Pending Ministerial375 10 003 375 10 003 10394 JUDY AVE BLD-2025-2204 ADU R 9/10/2025 1 1 1 NONE No No N/A Pending Ministerial326 48 016 326 48 016 10415 DEMPSTER AVE BLD-2025-2668 ADU R 10/15/2025 1 1 1 NONE No No N/A Pending Ministerial 375 10 001 375 10 001 10422 JUDY AVE BLD-2025-3243 SFD O 12/17/2025 1 11 NONE No No N/A Pending Ministerial375 09 018 375 09 018 10465 MORETTI DR BLD-2025-0811 SFD O 4/3/2025 1 1 1 NONE No No N/A Pending Ministerial375 09 018 375 09 018 10465 MORETTI DR BLD-2025-0811 ADU R 4/3/2025 1 1 1 NONE No No N/A Pending Ministerial369 26 036 369 26 036 10470 DAVISON AVE BLD-2025-2010 ADU R 8/20/2025 1 1 1 NONE No No N/A Pending Ministerial 357 07 008 357 07 008 10472 SCENIC CIR BLD-2025-1769 ADU R 7/24/2025 1 1 1 NONE No No N/A Pending Ministerial326 35 071 326 35 071 10485 PHAR LAP DR BLD-2025-3281 SFD O 12/19/2025 1 1 1 NONE No No N/A Pending Ministerial375 37 021 375 37 021 10510 S TANTAU AVE BLD-2025-2928 ADU R 11/13/2025 1 1 1 NONE No No N/A Pending Ministerial 359 19 007 359 19 007 10597 JOHN WAY BLD-2025-1981 SFD O 8/15/2025 1 1 1 NONE No No N/A Pending Ministerial375 28 024 375 28 024 10640 JOHNSON AVE BLD-2025-0182 SFD O 1/14/2025 1 1 1 NONE No No N/A Pending Ministerial 375 34 026 375 34 026 10672 CULBERTSON DR BLD-2025-3261 SFD O 12/18/2025 1 1 1 NONE No No N/A Pending Ministerial375 34 026 375 34 026 10672 CULBERTSON DR BLD-2025-3263 ADU R 12/18/2025 1 1 1 NONE No No N/A Pending Ministerial375 31 051 375 31 051 10691 JOHNSON AVE BLD-2025-3178 SFD O 12/12/2025 1 1 1 NONE No No N/A Pending Ministerial 375 31 051 375 31 051 10691 JOHNSON
AVE BLD-2025-3179 ADU R 12/12/2025 1 1 1 NONE No No N/A Pending Ministerial 375 29 002 375 29 002 10731 WUNDERLICH DR BLD-2025-1044 ADU R 4/30/2025 1 1 1 NONE No No N/A Pending Ministerial369 21 036 369 21 036 10780 BROOKWELL DR BLD-2025-2143 ADU R 9/3/2025 1 1 1 NONE No No N/A Pending Ministerial326 02 014 326 02 014 10881 MAXINE AVE BLD-2025-0736 SFD O 3/25/2025 1 1 1 NONE No No N/A Pending Ministerial 362 16 024 362 16 024 1089 NOVEMBER DR BLD-2025-2120 ADU R 9/2/2025 1 1 1 NONE No No N/A Pending Ministerial356 14 016 356 14 016 10895 DRYDEN AVE BLD-2025-0405 ADU R 2/12/2025 1 1 1 NONE No No N/A Pending Ministerial 362 17 012 362 17 012 10917 FESTIVAL DR BLD-2025-0800 ADU R 4/2/2025 1 1 1 NONE No No N/A Pending Ministerial362 28 016 362 28 016 1134 SCOTLAND DR BLD-2025-0549 SFD O 3/3/2025 1 1 1 NONE No No N/A Pending Ministerial375 25 014 375 25 014 18620 RALYA CT BLD-2025-2290 SFD O 9/18/2025 1 11 NONE No No N/A Pending Ministerial375 25 014 375 25 014 18620 RALYA CT BLD-2025-2291 ADU R 9/18/2025 11 1 NONE No No N/A Pending Ministerial375 26 037 375 26 037 18641 BARNHART AVE BLD-2025-3278 SFD O 12/19/2025 1 1 1 NONE No No N/A Pending Ministerial 375 13 013 375 13 013 18784 ARATA WAY BLD-2025-2344 SFD O 9/24/2025 1 1 1 NONE No No N/A Pending Ministerial375 13 013 375 13 013 18784 ARATA WAY BLD-2025-2344 ADU R 9/24/2025 1 1 1 NONE No No N/A Pending Ministerial375 13 005 375 13 005 18880 ARATA WAY BLD-2025-1281 SFD O 5/27/2025 1 1 1 NONE No No N/A Pending Ministerial375 13 005 375 13 005 18880 ARATA WAY BLD-2025-1281 ADU R 5/27/2025 1 1 1 NONE No No N/A Pending Ministerial375 35 015 375 35 015 18980 NEWSOM AVE BLD-2025-0369 SFD O 2/6/2025 1 1 1 NONE No No N/A Pending Ministerial 375 35 015 375 35 015 18980 NEWSOM
AVE BLD-2025-0369 ADU R 2/6/2025 1 1 1 NONE No No N/A Pending Ministerial 375 09 008 375 09 008 19016 TILSON BLD-2025-1323 ADU R 5/29/2025 11 1 NONE No No N/A Pending Ministerial375 07 009 375 07 009 19133 ANNE LN BLD-2025-2565 ADU R 10/8/2025 11 1 NONE No No N/A Pending Ministerial375 07 009 375 07 009 19133 ANNE LN BLD-2025-2566 ADU R 10/8/2025 11 1 NONE No No N/A Pending Ministerial375 37 001 375 37 001 19141 MEIGGS LN BLD-2025-0765 SFD O 3/27/2025 1 1 1 NONE No No N/A Pending Ministerial375 37 001 375 37 001 19141 MEIGGS LN BLD-2025-0765 ADU R 3/27/2025 1 1 1 NONE No No N/A Pending Ministerial316 32 005 316 32 005 19701 AUBURN DR BLD-2025-3203 ADU R 12/15/2025 1 1 1 NONE No No N/A Pending Ministerial316 31 007 316 31 007 19920 PEAR TREE LN BLD-2025-3312 ADU R 12/23/2025 1 1 1 NONE No No N/A Pending Ministerial369 01 069 369 01 069 20350 STEVENS CREEK BLVD BLD-2025-1920 ADU R 8/11/2025 1 1 1 NONE No No N/A Pending Ministerial326 33 023 326 33 023 20696 HANFORD DR BLD-2025-1984 SFD O 8/15/2025 1 1 1 NONE No No N/A Pending Ministerial359 09 014 359 09 014 20711 SCOFIELD DR BLD-2025-1620 ADU R 7/9/2025 1 1 1 NONE No No N/A Pending Ministerial359 14 011 359 14 011 20781 CHERYL DR BLD-2025-3268 ADU R 12/19/2025 1 1 1 NONE No No N/A Pending Ministerial359 20 045 359 20 045 20820 MCCLELLAN PL BLD-2025-2274 ADU R 9/17/2025 1 1 1 NONE No No N/A Pending Ministerial359 20 045 359 20 045 20820 MCCLELLAN PL BLD-2025-2274 ADU R 9/17/2025 1 1 1 NONE No No N/A Pending Ministerial326 09 040 326 09 040 20875 VALLEY GREEN DR BLD-2025-3066 ADU R 12/2/2025 3 13 16 1 NONE No No N/A Pending Ministerial326 09 012 326 09 012 20919 GREENLEAF BLD-2025-2220 ADU R 9/11/2025 1 1 1 NONE No No N/A Pending Ministerial326 28 010 326 28 010 21105 GRENOLA BLD-2025-1168 ADU R 5/14/2025 11 1 NONE No No N/A Pending Ministerial326 41 104 326 41 104 21391 MILFORD DR BLD-2025-1400 ADU R 6/10/2025 1 1 1 NONE No No N/A Pending Ministerial357 18 005 357 18 005 21670 LOMITA BLD-2025-1489 SFD O 6/23/2025 1 11 NONE No No N/A Pending Ministerial357 18 005 357 18 005 21670 LOMITA BLD-2025-1489 ADU R 6/23/2025 11 1 NONE No No N/A Pending Ministerial326 48 038 326 48 038 21760 MEYERHOLTZ CT BLD-2025-2006 ADU R 8/19/2025 1 1 1 NONE No No N/A Pending Ministerial357 14 028 357 14 028 21911 DOLORES AVE BLD-2025-2464 SFD O 10/3/2025 1 1 1 NONE No No N/A Pending Ministerial 357 14 028 357 14 028 21911 DOLORES
AVE BLD-2025-2465 ADU R 10/3/2025 1 1 1 NONE No No N/A Pending Ministerial 357 14 086 357 14 086 21921 MCCLELLAN RD BLD-2025-0575 ADU R 3/5/2025 1 1 1 NONE No No N/A Pending Ministerial326 02 045 326 02 045 22141 WALLACE DR BLD-2025-3319 SFD O 12/23/2025 1 1 1 NONE No No N/A Pending Ministerial326 50 061 326 50 061 22322 CUPERTINO RD BLD-2025-2663 ADU R 10/15/2025 1 1 1 NONE No No N/A Pending Ministerial357 05 041 357 05 041 22490 SANTA PAULA AVE BLD-2025-3265 ADU R 12/18/2025 1 1 1 NONE No No N/A Pending Ministerial342 16 102 342 16 102 22620 ALCALDE RD BLD-2025-2202 ADU R 9/10/2025 1 1 1 NONE No No N/A Pending Ministerial342 57 044 342 57 044 23535 OAK VALLEY RD BLD-2025-0942 ADU R 4/17/2025 1 1 1 NONE No No N/A Pending Ministerial369 18 015 369 18 015 6389

COTTONWOOD
CT
BLD-2025-2113
ADU R 9/2/2025 1 1 1 NONE No No N/A Pending Ministerial 359 28 020 359 28 020 7478 FALLENLEAF LN BLD-2025-3085 ADU R 12/3/2025 1 1 1 NONE No No N/A Pending Ministerial362 13 011 362 13 011 7911 FESTIVAL CT BLD-2025-0693 ADU R 3/19/2025 1 1 1 NONE No No N/A Pending Ministerial362 03 022 362 03 022 7961 WOODLARK WAY BLD-2025-3042 ADU R 11/25/2025 1 1 1 NONE No No N/A Pending Ministerial356 11 079 356 11 079 8099 PRESIDIO DR BLD-2025-0373 ADU R 2/7/2025 1 1 1 NONE No No N/A Pending Ministerial359 20 007 359 20 007 843 KIM ST, Cupertino BLD-2025-0761 ADU R 3/27/2025 1 1 1 NONE No No N/A Pending Ministerial375 07 027 375 07 027 10203 S TANTAU BLD-2025-0006 SFD O 1/2/2025 1 11 NONE No No N/A Pending Ministerial375 07 027 375 07 027 10205 S TANTAU BLD-2025-2873 ADU R 11/5/2025 1 11 NONE No No N/A Pending Ministerial369 08 007 369 08 007 10211 E ESTATES DR BLD-2025-0149 ADU R 1/13/2025 1 1 1 NONE No No N/A Pending Ministerial375 18 041 375 18 041 10381 JOHNSON AVE BLD-2025-0216 SFD O 9/17/2025 1 1 1 NONE No No N/A Pending Ministerial 316 30 093 316 30 093 10420 N BLANEY
AVE BLD-2025-1009 SFD O 4/28/2025 1 1 1 NONE No No N/A Pending Ministerial 366 18 034 366 18 034
7412

WILDFLOWER
WAY
BLD-2025-1479
SFD O
9/24/2025
1 1 1 NONE No No N/A Pending Ministerial
316 20 088 316 20 088 10333 N Wolfe
Rd
Wolfe Rd Educator
Housing
ASA-2025-009,
TR-2025-036
5+ R
12/10/2025
60 120 66 246 NONE No Yes Yes Pending Discretionary
316-20-121; 316-
20-120
316-20-121; 316-
20-120
10101, 10123, 10330, 10150,
10343 N. Wolfe
Road
Vallco RISE M-2025-001
5+ R
12/1/2025
134 756 1779 2669 2669 SMAP No Yes Yes Pending Ministerial SB 35, Mixed Ownership
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Density Bonus Law Applications 11 Housing Development Applications Submitted
Proposed Units - Affordability by Household Incomes
446
CC 03-17-2026
446 of 1887
Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Table A2
Streamlining Historic Sites Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low- Income
Deed
Restricted
Extremely
Low- Income
Non Deed
Restricted
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Acutely
LowIncome
Deed
Restricted
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Acutely LowIncome
Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms
of readiness
Please select the
state
streamlining
provision the
project was APPROVED
pursuant to.
(may select
multiple)
Is this project
located on a site
with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select multiple
- see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum Allowable
Residential Gross Floor
Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 1 4 1 0 1 21 28 0 0 0 0 0 17 0 18 1 18 57 111 0 0 0 0 0 14 0 14 0 14 60 102 81 375 03 005 375 03 005 19400 SORENSON Gardens of Fountainblue BLD-2024-0619 ADU R 0 0 1 8/19/2025 1 NONE No Y ADU Formula326 27 043 326 27 043 21513 DANA POINT Westport Project BLD-2022-1059 SFA O 0 0 1
5/19/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21301 DANA POINT LN Westport Project BLD-2023-2676 SFA O 0 0 1
3/25/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21303 DANA POINT LN Westport Project BLD-2023-2677 SFA O 0 0 1
3/25/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21305 DANA POINT Westport Project BLD-2023-2678 SFA O 0 0 1
3/25/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 327 27 046 326 27 046 21307 DANA POINT LN Westport Project BLD-2023-2679 SFA O 0 0 1
3/25/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21309 DANA POINT Westport Project BLD-2023-2680 SFA O 0 0 1
3/25/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21311 DANA POINT Westport Project BLD-2023-2681 SFA O 0 0 1
3/25/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21400 DANA POINT Westport Project BLD-2024-0230 SFA O 0 0 1
1/10/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21402 DANA POINT Westport Project BLD-2024-0231 SFA O 0 0 1
1/10/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21404 DANA POINT Westport Project BLD-2024-0232 SFA O 0 0 1
1/10/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21406 DANA POINT Westport Project BLD-2024-0233 SFA O 0 0 1
1/10/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21408 DANA POINT Westport Project BLD-2024-0234 SFA O 0 0 1
1/10/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21410 DANA POINT Westport Project BLD-2024-0235 SFA O 0 0 1
1/10/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21401 DANA POINT Westport Project BLD-2024-0373 SFA O 0 0 1
1/9/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21403 DANA POINT Westport Project BLD-2024-0374 SFA O 0 0 1
1/9/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21405 DANA POINT Westport Project BLD-2024-0375 SFA O 0 0 1
1/10/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21407 DANA POINT Westport Project BLD-2024-0376 SFA O 0 0 1
1/9/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21409 DANA POINT Westport Project BLD-2024-0377 SFA O 0 0 1
1/9/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21411 DANA POINT Westport Project BLD-2024-0378 SFA O 0 0 1
1/9/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21300 DANA POINT Westport Project BLD-2024-0650 SFA O 0 0 1
2/22/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21302 DANA POINT Westport Project BLD-2024-0651 SFA O 0 0 1
2/22/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21304 DANA POINT Westport Project BLD-2024-0652 SFA O 0 0 1
2/22/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 27 046 326 27 046 21306 DANA POINT Westport Project BLD-2024-0653 SFA O 0 0 1
2/22/2025
1 NONE No N 20.0%
3 Development Standards Modification Yes
DP-2018-05, EA-2018-04, ASA-2018-05, U2019-03, TM-2018-03, EXC-2019-03, TR-2018-22 326 56 023 326 56 023 20695 ACADIA CT BLD-2021-0563 ADU R 0 0 1 3/18/2025 1 NONE No Y ADU Formula359 06 020 359 06 020 7709 HUNTRIDGE LN BLD-2022-1122 ADU R 0 0 1 1/6/2025 1 NONE No Y ADU Formula375 26 007 375 26 007 18671 MEDICUS BLD-2022-1442 ADU R 0 0 1 8/20/2025 1 NONE No Y ADU Formula375 16 021 375 16 021 10315 WUNDERLICH DR BLD-2023-1584 ADU R 0 0 1 2/18/2025 1 NONE No Y ADU formula359 15 001 359 15 001 10316 TONITA WAY BLD-2023-1947 ADU R 0 0 1 9/25/2025 1 NONE No Y ADU Formula342 59 024 342 59 024 10480 SERRA ST BLD-2023-2176 ADU R 0 0 1 2/26/2025 1 NONE No Y ADU Formula375 31 052 375 31 052 10703 JOHNSON BLD-2023-2395 ADU R 0 0 1 1/31/2025 1 NONE No Y ADU Formula375 25 001 375 25 001 10221 STERLING BLVD BLD-2024-0022 ADU R 0 0 1 9/10/2025 1 NONE No Y ADU Formula369 18 012 369 18 012 6382 COTTONWOOD CT BLD-2024-0489 ADU R 0 0 1 10/27/2025 1 NONE No Y ADU Formula359 13 123 359 13 123 10262 TULA BLD-2022-0349 ADU R 0 0 1 1/8/2025 1 NONE No Y ADU Formula375 31 052 375 31 052 10703 JOHNSON BLD-2023-2395 ADU R 0 0 1 1/31/2025 1 NONE No Y ADU Formula366 55 023 366 55 023 11882 SHASTA SPRING CT BLD-2023-2416 ADU R 0 0 1 8/26/2025 1 NONE No Y ADU Formula357 12 041 357 12 041 21961 MCCLELLAN BLD-2024-0474 ADU R 0 0 1 12/10/2025 1 NONE No Y ADU Formula362 08 023 362 08 023 1169 ELMSFORD DR BLD-2024-0988 ADU R 0 0 1 1/17/2025 1 NONE No Y ADU Formula375 36 014 375 36 014 10592 JOHANSEN DR BLD-2019-0534 SFD O 0 0 1 6/5/2025 1 NONE No Y 1 Demolished O 326 45 002 326 45 002 10314 MANN DR BLD-2020-1258 SFD O 0 0 1 4/15/2025 1 NONE No Y 1 Demolished O326 28 058 326 28 058 21166 GRENOLA BLD-2020-1854 SFD O 0 0 1 3/24/2025 1 NONE No Y 1 Demolished O326 28 058 326 28 058 21166 GRENOLA BLD-2020-1854 ADU R 0 0 1 3/24/2025 1 NONE No Y ADU Formula 369 27 036 369 27 036 830 BETLIN AVE BLD-2021-1564 SFD O 0 0 1 9/23/2025 1 NONE No Y 1 Demolished O 369 27 036 369 27 036 830 BETLIN AVE BLD-2021-1564 ADU R 0 0 1 9/23/2025 1 NONE No Y ADU Formula 375 33 063 375 33 063 18901 TUGGLE AVE BLD-2021-2452 SFD O 0 0 1 9/15/2025 1 NONE No Y 1 Demolished O 375 33 063 375 33 063 18901 TUGGLE AVE BLD-2021-2452 ADU R 0 0 1 9/15/2025 1 NONE No Y ADU Formula366 15 018 366 15 018 1506 PRIMROSE WAY BLD-2021-2512 SFD O 0 0 1 7/17/2025 1 NONE No y 1 Demolished O 366 15 018 366 15 018 1506 PRIMROSE WAY BLD-2021-2512 ADU R 0 0 1 7/17/2025 1 NONE No Y ADU Formula 357 05 010 357 05 010 22381 MCCLELLAN RD BLD-2022-0247 SFD O 0 0 1 4/25/2025 1 NONE No Y 1 Demolished O 375 07 044 375 07 044 10052 S TANTAU AVE BLD-2022-0436 SFD O 0 0 1 1/7/2025 1 NONE No y 1 Demolished O 375 07 044 375 07 044 10052 S TANTAU AVE BLD-2022-0436 ADU R 0 0 1 1/7/2025 1 NONE No Y ADU Formula 369 24 024 369 24 024 6611 JOHN DR BLD-2022-0785 SFD O 0 0 1 6/20/2025 1 NONE No y 1 Demolished O 369 24 024 369 24 024 6611 JOHN DR BLD-2022-0785 ADU R 0 0 1 6/20/2025 1 NONE No Y ADU Formula 316 24 016 316 24 016 10201 RANDY BLD-2022-1115 ADU R 0 0 1 1/9/2025 1 NONE No Y ADU Formula375 30 004 375 30 004 18690 NEWSOM AVE BLD-2022-1646 SFD O 0 0 1 1/22/2025 1 NONE No y 1 Demolished O 375 30 004 375 30 004 18690 NEWSOM AVE BLD-2022-1646 ADU R 0 0 1 1/22/2025 1 NONE No Y ADU Formula 316 31 003 316 31 003 19970 PEAR TREE LN BLD-2022-1792 SFD O 0 0 1 9/19/2025 1 NONE No Y 1 Demolished O 375 23 032 375 23 032 10542 STERLING BLVD BLD-2022-2098 SFD O 0 0 1 5/2/2025 1 NONE No y 1 Demolished O375 23 032 375 23 032 10542 STERLING BLVD BLD-2022-2098 ADU R 0 0 1 5/2/2025 1 NONE No y ADU Formula316 35 003 316 35 003 19651 MERRITT DR BLD-2022-2150 SFD O 0 0 1 9/30/2025 1 NONE No Y 1 Demolished O 375 33 051 375 33 051 18816 PENDERGAST AVE BLD-2022-2236 SFD O 0 0 1 4/9/2025 1 NONE No Y 1 Demolished O375 33 051 375 33 051 18816 PENDERGAST AVE BLD-2022-2236 ADU R 0 0 1 4/9/2025 1 NONE No y ADU Formula326 30 178 326 30 178 10497 BEARDON BLD-2022-2308 ADU R 0 0 1 10/28/2025 1 NONE No Y ADU Formula 359 06 014 359 06 014 902 SAGE CT BLD-2022-2349 SFD O 0 0 1 9/17/2025 1 NONE No Y 1 Demolished O 369 21 027 369 21 027 10828 BROOKWELL BLD-2022-2397 ADU R 0 0 1 10/6/2025 1 NONE No y ADU Formula375 23 007 375 23 007 10552 GASCOIGNE DR BLD-2022-2454 SFD O 0 0 1 3/4/2025 1 NONE No y 1 Demolished O375 23 007 375 23 007 10552 GASCOIGNE DR BLD-2022-2454 ADU R 0 0 1 3/4/2025 1 NONE No Y ADU Formula375 29 052 375 29 052 18720 HANNA DR BLD-2022-2491 SFD O 0 0 1 5/21/2025 1 NONE No Y 1 Demolished O 375 29 052 375 29 052 18720 HANNA DR BLD-2022-2491 ADU R 0 0 1 5/21/2025 1 NONE No y ADU Formula 375 28 026 375 28 026 10624 JOHNSON AVE BLD-2023-0164 SFD O 0 0 1 5/14/2025 1 NONE No Y 1 Demolished O 375 28 026 375 28 026 10624 JOHNSON AVE BLD-2023-0164 ADU R 0 0 1 5/14/2025 1 NONE No Y ADU Formula 359 19 043 359 19 043 7540 MCCLELLAN RD BLD-2023-0402 SFD O 0 0 1 11/3/2025 1 NONE No y 1 Demolished O369 32 034 369 32 034 20125 LAS ONDAS BLD-2023-0433 ADU R 0 0 1 6/9/2025 1 NONE No y ADU Formula 375 35 054 375 35 054 19040 MEIGGS LN BLD-2023-0774 SFD O 0 0 1 2/27/2025 1 NONE No Y 1 Demolished O 375 35 054 375 35 054 19040 MEIGGS LN BLD-2023-0774 ADU R 0 0 1 2/27/2025 1 NONE No Y ADU Formula 375 11 011 375 11 011 10080 JUDY AVE BLD-2023-0987 SFD O 0 0 1 5/19/2025 1 NONE No Y 1 Demolished O 326 28 066 326 28 066 21076 GRENOLA DR BLD-2023-1073 SFD O 0 0 1 6/10/2025 1 NONE No Y 1 Demolished O375 16 053 375 16 053 18831 BARNHART AVE BLD-2023-1863 SFD O 0 0 1 3/20/2025 1 NONE No Y 1 Demolished O 375 16 053 375 16 053 18831 BARNHART AVE BLD-2023-1863 ADU R 0 0 1 3/20/2025 1 NONE No Y ADU Formula 375 07 042 375 07 042 10080 S TANTAU AVE BLD-2023-1891 SFD O 0 0 1 10/9/2025 1 NONE No Y 1 Demolished O 375 07 042 375 07 042 10078 S TANTAU BLD-2023-1894 ADU R 0 0 1 10/7/2025 1 NONE No Y ADU Formula316 33 014 316 33 014 10298 PLUM TREE BLD-2023-2096 ADU R 0 0 1 1/13/2025 1 NONE No Y ADU Formula375 28 011 375 28 011 10589 GASCOIGNE DR BLD-2023-2358 SFD O 0 0 1 3/27/2025 1 NONE No Y 1 Demolished O375 28 011 375 28 011 10589 GASCOIGNE DR BLD-2023-2358 ADU R 0 0 1 3/27/2025 1 NONE No Y ADU Formula 375 18 044 375 18 044 10409 JOHNSON AVE BLD-2023-2360 SFD O 0 0 1 11/14/2025 1 NONE No Y 1 Demolished O 375 18 044 375 18 044 10409 JOHNSON AVE BLD-2023-2360 ADU R 0 0 1 11/14/2025 1 NONE No Y ADU Formula375 32 047 375 32 047 10735 MINETTE DR BLD-2024-0122 SFD O 0 0 1 5/20/2025 1 NONE No Y 1 Demolished O 375 32 047 375 32 047 10735 MINETTE DR BLD-2024-0122 ADU R 0 0 1 5/20/2025 1 NONE No Y ADU Formula 375 07 008 375 07 008 10081 S TANTAU AVE BLD-2024-0254 SFD O 0 0 1 10/29/2025 1 NONE No Y 1 Demolished O 375 07 008 375 07 008 10083 S TANTAU BLD-2024-0255 ADU R 0 0 1 10/27/2025 1 NONE No Y ADU Formula 375 11 031 375 11 031 10205 BRET AVE BLD-2024-0291 SFD O 0 0 1 12/4/2025 1 NONE No Y 1 Demolished O 375 11 031 375 11 031 10205 BRET AVE BLD-2024-0291 ADU R 0 0 1 12/4/2025 1 NONE No Y ADU Formula 326 02 035 326 02 035 22032 HIBISCUS BLD-2024-0346 ADU R 0 0 1 9/4/2025 1 NONE No Y ADU Formula 375 26 058 375 26 058 18630 CRABTREE AVE BLD-2024-0542 SFD O 0 0 1 9/5/2025 1 NONE No Y 1 Demolished O375 26 058 375 26 058 18630 CRABTREE AVE BLD-2024-0542 ADU R 0 0 1 9/5/2025 1 NONE No Y ADU Formula 369 32 037 369 32 037 20012 RODRIGUES BLD-2024-1328 ADU R 0 0 1 5/19/2025 1 NONE No Y ADU Formula 316 29 026 316 29 026 10315 COLBY BLD-2024-1340 ADU R 0 0 1 12/10/2025 1 NONE No Y ADU Formula375 08 039 375 08 039 10280 S TANTAU BLD-2024-1526 ADU R 0 0 1 12/11/2025 1 NONE No Y ADU Formula 375 08 006 375 08 006 10279 S TANTAU AVE BLD-2024-1712 SFD O 0 0 1 8/14/2025 1 NONE No Y 1 Demolished O 375 08 006 375 08 006 10279 S TANTAU AVE BLD-2024-1712 ADU R 0 0 1 8/14/2025 1 NONE No Y ADU Formula 375 31 016 375 31 016 10689 GASCOIGNE BLD-2024-1719 ADU R 0 0 1 12/1/2025 1 NONE No Y ADU Formula 369 35 027 369 35 027 20239 BOLLINGER BLD-2024-2100 ADU R 0 0 1 12/11/2025 1 NONE No Y ADU Formula316 02 056 316 02 056 10511 Randy Ln MMP-2025-002 SFD O 1 11/24/2025 1 0 0 SB 9 (2021) - Residential Lot Split No Y 1 Demolished O 375 24 002 375 24 002 10430 Sterling Blvd MMP-2024-004 SFD O 1 4/23/2025 1 0 0 SB 9 (2021) - Duplex in SF Zone No Y 1 Demolished O One single-family home applied for under SB 9 with a second story ADU (BLD-2025-1730 and BLD-2025-1729) 327 19 100 327 19 100 21853 Oakview Ln RM-2025-001, TR- 2025-020 ADU R 1 10/7/2025 1 0 0 NONE No Y ADU Formula 327 19 100 327 19 100 21853 Oakview Ln RM-2025-001, TR- 2025-020 SFD O 1 10/7/2025 1 0 0 NONE No Y 1 Demolished O 326 28 061 326 28 061 21130 Grenola Dr RM-2025-013 SFD O 1 1/21/2026 1 0 0 NONE No Y 1 Demolished O 357 15 030 357 15 030 21858 Almaden Ave R-2025-002 SFD O 1 10/16/2025 1 0 0 NONE No Y 1 Demolished O
Project in Building Permit
Stage (BLD-2025-3207 and BLD-2025-3254)
375 24 002 375 24 002 10430 Sterling Blvd MMP-2024-002 ADU R 1 4/23/2025 1 0 0 NONE No Y ADU Formula
ADU on the second floor of new two-story house
357 15 030 357 15 030 21858 Almaden Ave R-2025-002 ADU R 1 10/16/2025 1 0 0 NONE No Y ADU Formula
ADU on the second floor of new two-story house
342 17 041 342 17 041 10645 SANTA LUCIA RD BLD-2022-1924 SFD O 0 1 9/23/2025 1 0 NONE No Y 1 Demolished O342 17 041 342 17 041 10645 SANTA LUCIA RD BLD-2022-1924 ADU R 0 1 9/23/2025 1 0 NONE No Y ADU Formula359 20 030 359 20 030 20888 CHERRYLAND BLD-2023-0051 SFD O 0 1
3/12/2025
1 0 NONE No Y 1 Demolished O
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20888 CHERRYLAND BLD-2023-0051 ADU R 0 1
3/12/2025
1 0 NONE No Y ADU Formula
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20882 CHERRYLAND BLD-2023-0052 SFD O 0 1
3/12/2025
1 0 NONE No Y
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20882 CHERRYLAND BLD-2023-0052 ADU R 0 1
3/12/2025
1 0 NONE No Y ADU Formula
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20876 CHERRYLAND BLD-2023-0057 SFD O 0 1
3/12/2025
1 0 NONE No Y
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20876 CHERRYLAND BLD-2023-0057 ADU R 0 1
3/12/2025
1 0 NONE No Y ADU Formula
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20870 CHERRYLAND BLD-2023-0058 SFD O 0 1
3/12/2025
1 0 NONE No Y
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20870 CHERRYLAND BLD-2023-0058 ADU R 0 1
3/12/2025
1 0 NONE No Y ADU Formula
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20858 CHERRYLAND BLD-2023-0060 SFD O 0 1
3/12/2025
1 0 NONE No Y
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
359 20 030 359 20 030 20858 CHERRYLAND BLD-2023-0060 ADU R 0 1
3/12/2025
1 0 NONE No Y ADU Formula
TM-2021-006, R-2021-
040 to -045, RM-2022-015, -016, -022 to -025
362 06 051 362 06 051 11226 BUBB RD BLD-2023-0398 SFD O 0 1 5/21/2025 1 0 NONE No Y 1 Demolished O 362 18 008 362 18 008 7757 ORION BLD-2023-1001 SFD O 0 1 1/16/2025 1 0 NONE No Y 1 Demolished O362 18 008 362 18 008 7757 ORION BLD-2023-1001 ADU R 0 1 1/16/2025 1 0 NONE No Y ADU Formula 362 18 008 362 18 008 7753 ORION BLD-2023-1003 SFD O 0 1 1/16/2025 1 0 NONE No y 362 18 008 362 18 008 7753 ORION BLD-2023-1003 ADU R 0 1 1/16/2025 1 0 NONE No Y ADU Formula 326 30 126 326 30 126 10413 BEARDON BLD-2023-2175 ADU R 0 1 3/3/2025 1 0 NONE No Y ADU Formula326 28 088 326 28 088 10481 N STELLING RD BLD-2023-2391 SFD O 0 1 4/18/2025 1 0 NONE No Y 1 Demolished O 359 23 009 359 23 009 20642 KIRWIN LN BLD-2024-2056 SFD O 0 1 6/30/2025 1 0 NONE No Y 1 Demolished O 366 11 151 366 11 151 7535 NORMANDY WAY BLD-2024-0605 SFD O 0 1 1/28/2025 1 0 NONE No y 1 Demolished O 375 37 019 375 37 019 10536 S TANTAU AVE BLD-2024-0634 SFD O 0 1 3/20/2025 1 0 NONE No Y 1 Demolished O 375 37 019 375 37 019 10536 S TANTAU AVE BLD-2024-0634 ADU R 0 1 3/20/2025 1 0 NONE No y ADU Formula 362 06 028 362 06 028 8025 FOLKESTONE BLD-2024-0817 ADU R 0 1 11/12/2025 1 0 NONE No Y ADU Formula359 28 002 359 28 002 7421 TIPTOE LN BLD-2024-0873 SFD O 0 1 1/28/2025 1 0 NONE No Y 1 Demolished O356 08 033 356 08 033 21962 MCCLELLAN BLD-2024-1111 ADU R 0 1 11/4/2025 1 0 NONE No Y ADU Formula357 16 095 357 16 095 10095 ORANGE AVE BLD-2024-1260 SFD O 0 1 5/19/2025 1 0 NONE No Y 1 Demolished O357 16 095 357 16 095 10095 ORANGE AVE BLD-2024-1260 ADU R 0 1 5/19/2025 1 0 NONE No Y ADU Formula 375 35 005 375 35 005 10751 CARVER DR BLD-2024-1422 SFD O 0 1 5/2/2025 1 0 NONE No Y 1 Demolished O357 19 049 357 19 049 10356 IMPERIAL BLD-2024-1546 ADU R 0 1 8/6/2025 1 0 NONE No Y ADU Formula342 14 040 342 14 040 10222 LOCKWOOD DR BLD-2024-1710 SFD O 0 1 7/18/2025 1 0 NONE No Y 1 Demolished O 326 19 066 326 19 066 21900 WOODBURY DR BLD-2024-1876 SFD O 0 1 7/3/2025 1 0 NONE No Y 1 Demolished O 326 08 014 326 08 014 21075 TAMARIND CT BLD-2024-2158 SFD O 0 1 5/27/2025 1 0 NONE No Y 1 Demolished O326 08 014 326 08 014 21075 TAMARIND CT BLD-2024-2158 ADU R 0 1 5/27/2025 1 0 NONE No Y ADU Formula375 09 030 375 09 030 18993 BARNHART AVE BLD-2024-2167 SFD O 0 1 8/20/2025 1 0 NONE No Y 1 Demolished O375 09 030 375 09 030 18993 BARNHART AVE BLD-2024-2167 ADU R 0 1 8/20/2025 1 0 NONE No Y ADU Formula 375 33 001 375 33 001 10510 CULBERTSON DR BLD-2024-2219 SFD O 0 1 5/19/2025 1 0 NONE No Y 1 Demolished O375 33 001 375 33 001 10510 CULBERTSON DR BLD-2024-2219 ADU R 0 1 5/19/2025 1 0 NONE No Y ADU Formula 375 25 076 375 25 076 10201 STERLING BLVD BLD-2024-2235 SFD O 0 1 8/14/2025 1 0 NONE No Y 1 Demolished O 375 25 076 375 25 076 10201 STERLING BLVD BLD-2024-2235 ADU R 0 1 8/14/2025 1 0 NONE No Y ADU Formula375 28 034 375 28 034 10560 JOHNSON AVE BLD-2024-2255 SFD O 0 1 7/31/2025 1 0 NONE No Y 1 Demolished O375 28 034 375 28 034 10560 JOHNSON AVE BLD-2024-2255 ADU R 0 1 7/31/2025 1 0 NONE No Y ADU Formula 362 11 032 362 11 032 1217 STAFFORD BLD-2024-2264 ADU R 0 1 7/18/2025 1 0 NONE No Y ADU Formula 375 16 034 375 16 034 18815 TILSON AVE BLD-2024-2299 SFD O 0 1 8/13/2025 1 0 NONE No Y 1 Demolished O 375 16 034 375 16 034 18815 TILSON AVE BLD-2024-2299 ADU R 0 1 8/13/2025 1 0 NONE No Y ADU Formula 316 33 055 316 33 055 10341 CHERRY TREE LN BLD-2024-2313 ADU R 0 1 6/9/2025 1 0 NONE No Y ADU Formula 326 30 009 326 30 009 10200 N STELLING RD BLD-2024-2472 SFD O 0 1 11/5/2025 1 0 NONE No Y 1 Demolished O 375 09 007 375 09 007 19028 TILSON AVE BLD-2024-2562 SFD O 0 1 4/7/2025 1 0 NONE No Y 1 Demolished O375 09 007 375 09 007 19028 TILSON AVE BLD-2024-2562 ADU R 0 1 4/7/2025 1 0 NONE No Y ADU Formula 369 21 052 369 21 052 10849 ALDERBROOK LN BLD-2024-2664 SFD O 0 1 3/17/2025 1 0 NONE No Y 1 Demolished O 369 21 052 369 21 052 10849 ALDERBROOK LN BLD-2024-2664 ADU R 0 1 3/17/2025 1 0 NONE No Y ADU Formula 375 35 064 375 35 064 18844 HUNTER WAY BLD-2024-2689 SFD O 0 1 9/24/2025 1 0 NONE No Y 1 Demolished O375 35 064 375 35 064 18844 HUNTER WAY BLD-2024-2689 ADU R 0 1 9/24/2025 1 0 NONE No Y ADU Formula 375 35 050 375 35 050 19080 MEIGGS LN BLD-2024-2703 SFD O 0 1 10/24/2025 1 0 NONE No Y 1 Demolished O375 35 050 375 35 050 19080 MEIGGS LN BLD-2024-2703 ADU R 0 1 10/24/2025 1 0 NONE No Y ADU Formula 359 24 046 359 24 046 7519 DUMAS DR BLD-2024-2746 SFD O 0 1 11/13/2025 1 0 NONE No Y 1 Demolished O 359 24 046 359 24 046 7519 DUMAS DR BLD-2024-2746 ADU R 0 1 11/13/2025 1 0 NONE No Y ADU Formula 375 10 041 375 10 041 10264 BRET AVE BLD-2024-2781 SFD O 0 1 8/24/2025 1 0 NONE No Y 1 Demolished O 375 10 041 375 10 041 10264 BRET AVE BLD-2024-2781 ADU R 0 1 8/24/2025 1 0 NONE No Y ADU Formula 356 08 034 356 08 034 21950 MCCLELLAN BLD-2024-2908 SFD O 0 1 5/14/2025 1 0 NONE No Y 1 Demolished O 356 08 034 356 08 034 21952 MCCLELLAN BLD-2024-2910 ADU R 0 1 5/14/2025 1 0 NONE No Y ADU Formula369 27 040 369 27 040 6728 CLIFFORD DR BLD-2025-0233 SFD O 0 1 9/11/2025 1 0 NONE No Y 1 Demolished O 369 27 040 369 27 040 6728 CLIFFORD DR BLD-2025-0233 ADU R 0 1 9/11/2025 1 0 NONE No Y ADU Formula375 15 039 375 15 039 10337 MENHART LN BLD-2025-0262 SFD O 0 1 12/17/2025 1 0 NONE No Y 1 Demolished O375 15 039 375 15 039 10337 MENHART LN BLD-2025-0262 ADU R 0 1 12/17/2025 1 0 NONE No Y ADU Formula 375 33 054 375 33 054 18817 TUGGLE AVE BLD-2025-0334 SFD O 0 1 6/12/2025 1 0 NONE No Y 1 Demolished O 375 33 054 375 33 054 18817 TUGGLE AVE BLD-2025-0334 ADU R 0 1 6/12/2025 1 0 NONE No Y ADU Formula 375 31 012 375 31 012 10690 JOHNSON BLD-2025-0443 SFD O 0 1 9/11/2025 1 0 NONE No Y 1 Demolished O 375 31 012 375 31 012 10690 JOHNSON BLD-2025-0443 ADU R 0 1 9/11/2025 1 0 NONE No Y ADU Formula 357 15 042 357 15 042 21859 SAN FERNANDO BLD-2025-0505 ADU R 0 1 9/16/2025 1 0 NONE No Y ADU Formula 362 05 020 362 05 020 21471 VAI AVE BLD-2025-0695 SFD O 0 1 12/19/2025 1 0 NONE No Y 1 Demolished O 375 29 003 375 29 003 10741 WUNDERLICH DR BLD-2025-0807 SFD O 0 1
10/27/2025
1 0 NONE No Y 1 Demolished O
R-2024-009, RM-2024-006 asociated planning
permits
375 29 003 375 29 003 10741 WUNDERLICH DR BLD-2025-0807 ADU R 0 1 10/27/2025 1 0 NONE No Y ADU Formula375 05 029 375 05 029 19361 PHIL LN BLD-2025-0828 SFD O 0 1 9/8/2025 1 0 NONE No Y 1 Demolished O375 05 029 375 05 029 19361 PHIL LN BLD-2025-0828 ADU R 0 1 9/8/2025 1 0 NONE No Y ADU Formula 375 05 022 375 05 022 10431 FINCH AVE BLD-2025-0832 ADU R 0 1 10/10/2025 1 0 NONE No Y ADU Formula 359 10 038 359 10 038 20628 SUNRISE DR BLD-2025-1289 ADU R 0 1 5/27/2025 1 0 NONE No Y ADU Formula 326 33 033 326 33 033 20731 FARGO DR BLD-2025-1292 SFD O 0 1 11/20/2025 1 0 NONE No Y 1 Demolished O326 33 033 326 33 033 20731 FARGO DR BLD-2025-1292 ADU R 0 1 11/20/2025 1 0 NONE No Y ADU Formula 326 33 033 326 33 033 20731 FARGO DR BLD-2025-1292 ADU R 0 1 11/20/2025 1 0 NONE No Y ADU Formula 362 21 019 362 21 019 1173 HUNTERSTON PL BLD-2025-1396 SFD O 0 1 11/19/2025 1 0 NONE No Y 1 Demolished O 362 21 019 362 21 019 1173 HUNTERSTON PL BLD-2025-1396 ADU R 0 1 11/19/2025 1 0 NONE No Y ADU Formula 359 16 015 359 16 015 20772 CHERYL BLD-2025-1493 ADU R 0 1 10/14/2025 1 0 NONE No Y ADU Formula 375 28 034 375 28 034 20696 HANFORD DR BLD-2024-0835 SFD O 0 1 12/9/2025 1 0 SB 9 (2021) - Residential Lot Split No Y 1 Demolished O 359 23 013 359 23 013 20564 KIRWIN LN BLD-2024-0602 SFD O 0 1
3/25/2025
1 0 SB 9 (2021) - Residential Lot Split No Y 1 Demolished O MMP-2023-001 AND MTM-2024-001 SB9 Lot Split/Two SFD 359 23 013 359 23 013 20558 KIRWIN BLD-2025-0512 SFD O 0 1 11/20/2025 1 0 SB 9 (2021) - Residential Lot Split No Y 359 07 021 359 07 021 10072 BIANCHI BLD-2025-1865 SFA O 0 1
8/5/2025
1 0 NONE No Y INC 1 Demolished O 20.0%
4 Development Standards Modification Yes
DP-2023-001,ASA-2023-
002,TM-2023-001, TR2023-008
359 07 021 359 07 021 10074 BIANCHI BLD-2025-1866 SFA O 0 1
8/5/2025
1 0 NONE No Y INC 1 Demolished O 20.0%
4 Development Standards Modification Yes
DP-2023-001,ASA-2023-
002,TM-2023-001, TR2023-008
359 07 021 359 07 021 10076 BIANCHI BLD-2025-1867 SFA O 0 1
8/5/2025
1 0 NONE No Y INC 1 Demolished O 20.0%
4 Development Standards Modification Yes
DP-2023-001,ASA-2023-
002,TM-2023-001, TR2023-008
359 07 021 359 07 021 10078 BIANCHI BLD-2025-1868 SFA O 0 1
8/5/2025
1 0 NONE No Y INC 1 Demolished O 20.0%
4 Development Standards Modification Yes
DP-2023-001,ASA-2023-
002,TM-2023-001, TR2023-008
359 07 021 359 07 021 10080 BIANCHI BLD-2025-1869 SFA O 0 1
8/5/2025
1 0 NONE No Y INC 20.0%
4 Development Standards Modification Yes
DP-2023-001,ASA-2023-
002,TM-2023-001, TR2023-008
359 07 021 359 07 021 10082 BIANCHI BLD-2025-1870 SFA O 0 1
8/5/2025
1 0 NONE No Y INC 20.0%
4 Development Standards Modification Yes
DP-2023-001,ASA-2023-
002,TM-2023-001, TR2023-008
359 07 021 359 07 021 10070 BIANCHI BLD-2025-1864 SFA O 0 1
8/5/2025
1 0 NONE No Y INC 20.0%
4 Development Standards Modification Yes
DP-2023-001,ASA-2023-
002,TM-2023-001, TR2023-008
326 25 005 326 25 005 21582 GRAND BLD-2024-0641 ADU R 0 1 2/26/2025 1 0 NONE No Y ADU Formula 326 02 029 326 02 029 22102 HIBISCUS DR BLD-2024-1024 ADU R 0 1 8/25/2025 1 0 NONE No Y ADU Formula 369 10 035 369 10 035 19901 LA MAR DR BLD-2024-1349 ADU R 0 1 9/18/2025 1 0 NONE No Y ADU Formula 362 21 033 362 21 033 1128 DERBYSHIRE DR BLD-2024-2414 ADU R 0 1 6/17/2025 1 0 NONE No Y ADU Formula 375 14 002 375 14 002 10275 MORETTI DR BLD-2024-0884 ADU R 0 1 1/13/2025 1 0 NONE No Y ADU Formula 362 15 024 362 15 024 998 SEPTEMBER DR BLD-2024-1031 ADU R 0 1 1/27/2025 1 0 NONE No Y ADU Formula 359 06 003 359 06 003 7778 LILAC WAY BLD-2024-1206 SFD O 0 1 8/1/2025 1 0 NONE No Y 1 Demolished O359 12 031 359 12 031 10195 BONNY DR BLD-2024-1934 ADU R 0 1 5/12/2025 1 0 NONE No Y ADU Formula 359 10 038 359 10 038 20626 SUNRISE DR BLD-2024-2487 ADU R 0 1 5/27/2025 1 0 NONE No Y ADU Formula 369 39 036 369 39 036 10591 FARALLONE DR BLD-2025-0016 ADU R 0 1 1/3/2025 1 0 NONE No Y ADU Formula 362 19 035 362 19 035 7889 ROBINDELL WAY BLD-2025-0326 ADU R 0 1 6/3/2025 1 0 NONE No Y ADU Formula 369 26 009 369 26 009 6637 CLIFFORD DR BLD-2025-0353 ADU R 0 1 8/20/2025 1 0 NONE No Y ADU Formula 359 26 026 359 26 026 7539 DE LA FARGE DR BLD-2025-0706 ADU R 0 1 12/18/2025 1 0 NONE No Y ADU Formula 369 04 050 369 04 050 10245 PARKSIDE LN BLD-2025-0380 ADU R 0 1 2/10/2025 1 0 NONE No Y ADU Formula 375 03 005 375 03 005 19400 SORENSON, #144 BLD-2024-2356 ADU R 0 1 5/22/2025 1 0 NONE No Y ADU Formula 375 03 005 375 03 005 19400 SORENSON, #143 BLD-2025-0997 ADU R 0 1 5/22/2025 1 0 NONE No Y ADU Formula 316 02 094 316 02 094 20200 LUCILLE, #121 BLD-2025-1986 ADU R 0 1 8/18/2025 1 0 NONE No Y ADU Formula 316 02 094 316 02 094 20200 LUCILLE, #122 BLD-2025-1987 ADU R 0 1 8/18/2025 1 0 NONE No Y ADU Formula359 09 016 359 09 016 20739 Scofield Dr ASA-2024-009 5+ O 4 16 4/9/2025 20 0 0 NONE No Y Other Builder's Remedy 1 Demolished O Builder's Remedy 326 33 023 326 33 023 20996 Hanford Dr MMP-2024-002 SFD O 1 4/23/2025 1 0 0 SB 9 (2021) - Residential Lot Split No Y 1 Demolished O Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
447
CC 03-17-2026
447 of 1887
Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - 10 14 17 - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 2 8 13 18 - - - - - - Deed Restricted 1 - - 1 - - - - - - Non-Deed Restricted 19 9 13 18 - - - - - - Above Moderate 1,953 92 36 40 57 - - - - - - 225 1,728
4,588
114 63 80 111 - - - - - - 368 4,220
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected] Low - - *For years prior to 2025, data on deed-restricted vs. non-deed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may login to HCD's online APR system, or contact HCD staff at [email protected] Units*For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):- You were not allocated Acutely Low-Income and Extremely Low-Income RHNA targets, therefore the allocations in Field 1 are listed as "0" - If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected] All Acutely Low-Income and Extremely Low-Income units reported during the cycle are counted towards Very-Low Income RHNA progress 694
Total RHNA
-
646 Low
*For years prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income categoryPlease Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.Extremeley Low - 61 Moderate
1,193 687 755
41 41
Income Level
Very Low
- -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.

Please contact HCD if your data is different than the material supplied here 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1,152
448
CC 03-17-2026
448 of 1887
Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income Moderate- Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
449
CC 03-17-2026
449 of 1887
Jurisdiction Cupertino
Reporting Year 2025 (Jan. 1 - Dec. 31)
1 2 3456 7 8 9
Name of Program Objective
Projected Completion
Date in Housing
Element
Applicable Cycle Status of Program
Implementation
Program
Implementation
Details
Quantified Outcomes:

Category
Quantified Outcomes:

Count Supporting Documents
Policy HE-1.1
Designate sufficent land at appropriate
densities to accommodate Cupertino's
Regional Housing Needs Allocation of
4,588 units for the 2023-2031 planning
period.

Complete with adoption 6th Cycle Completed
Completed with identification
of Priority Housing Sites in
2014/2015 and completion of
rezoning in 2019. Housing
Element update to
accomodate 6th Cycle
RHNA of 4,588 units
commenced in October
2021, statutorily required to
be completed by Jan. 31
2023. Initial outreach
conducted in 2021. The
Housing Element was
adopted in May 2024, with
HCD certification in
September 2024.The City of
Cupertino completed
identification of Priority
Housing Sites and
completed neccesary
rezoning to accomidate the
RHNA shortfall of the
Housing Element 6th Cycle
through a resolution and
ordinance passed by City
Council in July 2024. The
City received certification
from HCD in September
2024. Complete as of
September 2024.

Units 368 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
Policy HE-1.2 Provide a full range of densities for
ownership and rental housing. Ongoing 6th Cycle Continuous Staff will continue to ensure
that both ownership and
rental housing will be
provided at a full range of
densities through
enforcement of new zoning
and development standards
during the planning period
through the application
process. Ongoing.

Units 368 Done through 2025 APR (no attachment)
Policy HE-1.3
Encourage mixed-use development near
transportation facilities and employment
centers.

Ongoing 6th Cycle Continuous
Staff will continue to work to
encourage mixed-used
development, particularly
around frequent transit and
business centric corridors,
such as Stevens Creek Blvd,
through outreach to
employers and commercial
property owners. Ongoing.

Other1 Outreach Master List, Email Outreach,
Business Connect Newsletter December 2025
HE-1.3.1 Land Use Policy
and Zoning Provisions
To accommodate the Regional Housing
Needs Allocation (RHNA), the City will
continue to:

Provide adequate capacity through the
Land Use Element and Zoning
Ordinance to accommodate the RHNA
while maintaining a balanced land use
plan that offers opportunities for
employment growth, commercial/retail
activities, services, and amenities.

Amend development standards for
housing as required to provide objective
standards that are adequate and
appropriate to facilitate a range of
housing in the community.

Monitor the sites inventory and make it
available on the City’s website.

Annual monitoring 6th Cycle Continuous
Staff will continue to
maintain landuse and
zoning policies that
accomadate the RHNA
allocation of 4,588 units
(596 extremely low, 597
very low, 687 low, 755
moderate, and 1,953 above
moderate income units).

Ongoing
Units 368 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-1.3.2 Rezoning to
Achieve RHNA
To ensure that the City has sufficient
sites zoned appropriately to achieve the
City’s Regional Housing Needs
Allocation (RHNA), rezone sites to
include 33.52 acres of residential land
that will allow for a realistic capacity of
1,855 units, and 32.67 acres of
commercial/residential land that will
allow for a realistic capacity of 1,727
units.

Permit owner-occupied and rental
multifamily uses by right and not require
a conditional use permit or other
discretionary review or approval for
developments in which 20 percent or
more of the total units are affordable to
lower-income households.

Ensure that each site can accommodate
at least 16 units per site and require that
all residential development achieve a
minimum density of 20 dwelling units
per acre on sites designated for lower
income housing.

Ensure (a) at least 50 percent of the
shortfall of low- and very low-income
regional housing need can be
accommodated on sites designated for
exclusively residential uses, or (b) if
accommodating more than 50 percent of
the low- and very low-income regional
housing need on sites designated for
Concurent with HE
adoption 6th Cycle Completed
Rezoning of 58 priority
Housing Sities proposed
in the Housing Element
was approved through a
public hearing before the
City Council, creating a
new capacity upon those
sites of 1,727 units (596
lower, 436 moderate, and
695 above moderate
income units). (Resolution
24-039, Ordinance 24-2262,
Ordinance 24-2261).

Complete as of July 2024
Units 368 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-1.3.3 New Residential
Zoning Districts and Land
Use Designations
To ensure the City can meet the RHNA,
the following actions will be taken:

Zoning. Create a new R4 Zoning District
that will align with the two new General
Plan Land Use designations, High/Very
High Density allowing 50.01 to 65 units
per acre, and Very High Density allowing

65.01 to 80 units per acre. The City will
create development standards that will
allow the maximum density of this
district to be achieved. This will include
increased height limits to allow at least
three stories, reduced setbacks, reduced
lot coverage, and reduced parking
requirements.

General Plan Land Use Designations.

Create two new General Plan Land Use
Designations – High/Very High Density,
which will allow for 50.01–65 units per
acre, and Very High Density, which will
allow for 65.01–80 units per acre. The
City will also revise the
Commercial/Residential designation to
identify different densities at which
residential development could occur on
property zoned for Residential mixed
uses for clarity, and allow 100 percent
residential on sites with a General Plan
Land Use designation of
Commercial/Residential, if the project is
affordable.

Concurent with HE
adoption 6th Cycle Completed
New zoning distrcits and
general plan designations
were approved through a
public hearing before the
City Council, allowing for
the new development
standards under the
High/Very High Density
(50.01 to 65 units per acre)
and Very High Density
(65.01 to 80 units per acre).
(Resolution 24-039,
Ordinance 24-2262,
Ordinance 24-2261).

Complete as of July 2024
Other1 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-1.3.4 Development on
Nonvacent Sites
Establish an outreach and coordination
program to connect developers,
builders, and owners of nonvacant sites.

The program shall:
a. Emphasize reaching out to owners of
nonvacant sites to discuss any
interest in redeveloping and available
incentives.
b. Market and advertise these sites to
the development community along with
any incentives that might be available.
c. Establish biennial meetings with
developers and builders to discuss
development opportunities.

If no projects are proposed on nonvacant sites within the first half of Housing Element planning period, the
City will provide additional incentives,
which will include, but are not limited to:
a. Priority project processing
b. Waive development impact or delay
permit fees for affordable units
c. Flexibility in development standards,
such as parking, setbacks, and
landscaping requirements
d. Support grant application requests for
funding made by developers for
infrastructure upgrades.
e. Assist developers of 100 percent
affordable housing developments with
securing additional financing.

Initiate by June 2024 and
maintain throughout
planning period on a
biennial basis
6th Cycle Continuous
Staff has been
collaborating with West
Valley jurisdictions to hold
annual joint outreach
events to connect
developers with owners of
nonvacant sites and
advertise new housing
opportunities under new
zoning regulations. In
2024, outreach began for
the first event to advertise
the site at 20140 Stevens
Creek Blvd. More
nonvacant sites will be
promoted in future events.

This outreach event was
successfully held on
February 27, 2025.

Meetings1 Silicon Valley @ Home Developer Roundtable
Flyer
HE-1.3.5 Encourage MixedUse Projects and
Residential in Commercial
Zones
The City will incentivize development of
residential units in mixed-use projects
that include affordable units (at least 20
percent), by providing incentives, which
will include, but are not limited to:

Priority project processing
Delay payment of development impact
or permit fees for affordable units
Flexibility in development standards,
such as parking, setbacks, and
landscaping requirements
Support grant application requests for
funding made by developers for
infrastructure upgrades.

Assist developers of 100 percent
affordable housing developments with
securing additional financing.

Annual outreach to
developers and obtain
feedback by January 2025.

Adopt additional
incentives within 6 months
of feedback
6th Cycle Continuous
Promotion of missing
mixed use zoning changes
took place during the first
annual West Valley
developer outreach event,
which was successfully
held on February 27, 2025.

More sites that have high
opportunitiy for mixed-use
development will be
promoted in future events.

Meetings1 Silicon Valley @ Home Developer Roundtable
Flyer
HE-1.3.6 Encourage
Missing-Middle Housing
Developments to
Affirmatively Further Fair
Housing
The City allow and encourage the
development of missing middle housing
by:

Allowing corner lots in R1 zoning
districts to develop as multi-family
rental
housing using R2 zoning regulations to
encourage missing-middle
developments.

Allowing lots zoned for single-family
residential uses that abut (either shares
a property line or is directly across the
street from) property that fronts an
arterial or major collector and is zoned
and used for commercial or mixed-use
development, to develop with rental
multi-family housing using R2 zoning
regulations to encourage missing
middle housing.

Pursuing the establishment of maximum
average unit size as a tool to moderate
unit sizes for such developments.

The City will promote the missing
middle strategy through City
publications and online newsletters, and
via the City’s website.

Complete zoning code
changes by December
2025, outreach at least
twice in the planning
period, and track annual
planning applications
received
6th Cycle Continuous
New zoning development
standards were approved
through a public hearing
before the City Council in
July 2024. (Resolution 24-
039, Ordinance 24-2262,
Ordinance 24-2261).

Promotion of missing
middle housing zoning
changes took place during
the first annual West
Valley developer outreach
event, which was
successfully held on
February 27, 2025.

Meetings1
Silicon Valley @ Home Developer Roundtable
Flyer, Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-1.3.7 Lot Consolidation
The City will help facilitate lot
consolidations to combine small
residential lots (lots 0.5 acres or smaller)
into larger developable lots. The City will
continue the following actions to
accomplish this:

Facilitate and approve lot consolidation
when contiguous smaller, underutilized
parcels are to be redeveloped.

Encourage master plans for such sites
with coordinated access and circulation.

Provide technical assistance to property
owners of adjacent parcels to facilitate
coordinated redevelopment where
appropriate.

Facilitate intra- and interagency
cooperation in working with applicants
at no cost prior to application submittal
for assistance with preliminary plan
review.

Provide information on the City’s
website about development
opportunities and incentives for lot
consolidation to accommodate
affordable housing units and discuss
these opportunities and incentives with
interested developers. As
developers/owners interested in lot
consolidation and the development of
affordable housing projects on small
lots approach the City, the City will offer
Identify incentives by
December 2025. Offer
incentives by December
2026. Annual meeting with
local developers.
6th Cycle Continuous
Promotion of lot
consolidation zoning
changes took place during
the first annual West
Valley developer outreach
event, which was
successfully held on
February 27, 2025. Adding
further incentives was not
identified as a priority
concern from developers
in attendance, however, if
further feedback indicates
a need for additional
incentives for lot
consolidation, the City will
explored and offerred by
December 2026.

Meetings1 Silicon Valley @ Home Developer Roundtable
Flyer
HE-1.3.8 Accessory
Dewlling Units
Amend the municipal code to be
consistent with the latest State
legislation related to ADUs, in
accordance with state law.

Continue to provide guidance and
educational materials for building ADUs
on the City’s website, including
permitting procedures. Additionally, the
City will biennially present homeowner
associations with information about the
community and neighborhood benefits
of ADUs, and inform them that
covenants, conditions, and restrictions
prohibiting ADUs are contrary to State
law.

To increase mobility for lower income
households, proactively advertise the
benefits of ADUs by distributing
multilingual informational materials in
areas of high opportunity and a limited
number of renter households to
increase mobility for low-income
households by posting flyers in
community gathering places and
providing information to community
groups and homeowners’ associations
at least annually.

Continue to offer the pre-approved ADU
program and post links to approved
plans as available.

Annually monitor ADU production and
Adopt code amendment
and updated materials by
June 2024.

Explore incentives by June
2025.

Annual evaluation by April
2024 and identify more
incentives within one year
if ADU targets are not
being met.
6th Cycle Continuous
The City continues to
encourage the production
of ADUs. In 2023, the City
issued 50 building permits
for ADUs - this is
approximately 33% of the
total number of ADU
building permits issued
during the entire 5th Cycle.

The ordinance is regularly
updated to comply with
state law. In 2021, the City
developed a pre-approved
ADU program to further
incentive the creation of
ADUs. One property has
utilitzed the pre-approved
ADU program since then.

New zoning development
standards were approved
through a public hearing
before the City Council in
July 2024. (Ordinance 24-
2262, Ordinance 24-2261).

In 2024, 41 ADU building
permits were issued and
46 ADUs received
certificates of occupancy.

The City of Cupertino has
joined a regional effort in
Santa Clara County to use
Units 143 Ordinance No. 25-2274

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 450
CC 03-17-2026
450 of 1887
HE-1.3.9 Review
Development Standards
The City will review and revise its zoning
code to:

Review and revise design and
development standards and guidelines
for multifamily housing, specifically in
the R4 Zone and the Priority
Development Area to ensure standards
are objective and that maximum
densities can be achieved.

Provide flexibility in development
standards to accommodate new models
and approaches to providing housing,
such as live/work housing to allow
housing to adapt to the needs of
occupants.

Offer flexible residential development
standards in planned residential zoning
districts, such as smaller lot sizes, lot
widths, setbacks, and higher floor area
ratios particularly for higher-density and
attached housing developments.

Consider granting reductions in offstreet parking for senior housing.

Analyze local parking standards
compared to those of neighboring
jurisdictions with similar characteristics
and reduce parking standards to ensure
parking is not a constraint on
development. Specifically, reduce
parking requirements for studio
apartments, senior housing, and
Analyze parking standards
by December 2024 and
revise by June 2025.

Annually review objective
design standards.
6th Cycle In Progress
New zoning development
standards were approved
through a public hearing
before the City Council in
July 2024. (Resolution 24-
039, Ordinance 24-2262,
Ordinance 24-2261). On
May 2024, The City entered
into a contract with the
consultant, PlaceWorks, to
draft and implement
objective design
standards. In 2025, 3
presentations were made
to the Planning
Commission on objective
design standards. A draft
for objective design
standards will return for
the Planning
Commission's review in
Spring 2026. After
implementation, the policy
will be annually reviewed
for effectiveness through
the APR.

Other1 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-1.3.10 Innovative and
Family-Friendly Housing
Options
Explore innovative and alternative
housing options that provide greater
flexibility and affordability in the
housing stock that would address
housing needs for intergenerational
households, students, special-needs
groups, and lower-income households.

The City will implement the following:

Promote housing designs and unit mix
to attract multigenerational households
by encouraging housing features and
more bedrooms (including fourbedroom units), as well as other on-site amenities, such as usable outdoor open
space for multigenerational use to
promote placebased revitalization, and
multipurpose rooms that can be used
for afterschool homework clubs,
computer, art, or other resident
activities. Facilitate at least one
partnership with social service
organizations to provide programming
in community spaces within a 100
percent affordable project during the
planning period.

Research the possibility of a Home
Sharing program that would help to
match “providers” with a spare room or
rooms with “seekers” who are looking
for an affordable place to live. This
could either be done at a countywide
Amend zoning code by
October 2024. Explore
alternative options by
December 2025.
6th Cycle Completed
New zoning development
standards were approved
through a public hearing
before the City Council in
July 2024. (Resolution 24-
039, Ordinance 24-2262,
Ordinance 24-2261). In
2025, Staff reached out to
three seperarte service
providers of homesharing
services. Meetings were
held with Front Porch
(April 16, 2025), HIP
Housing (May 25, 2025),
and Catholic Charities
(July 8, 2025). Proposals
from all three providers
were evaluated and costs
were found to be
infeasibly high in all three
to justify restarting the
program. Staff concluded
the study and determined
that when considering the
City's limited funding
resources, other program
models should take higher
priority.

Other1 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-1.3.11 Replacement
Housing
To facilitate place-based revitalization
for households at risk of displacement
due to new development, the City will
require replacement housing units
subject to the requirements of state law
on all sites in the City when any new
development (residential, mixed-use, or
nonresidential) occurs on a site that has
been occupied by or restricted for the
use of lower-income households at any
time during the previous five years. This
requirement applies to nonvacant sites
and vacant sites with previous
residential uses that have been vacated
or demolished.

Ongoing as projects are
proposed. 6th Cycle Continuous
Staff will continue to
monitor development
projects to ensure that
replacement units are
required when residential
units are demolished.

Ongoing.

Other1 Done through 2025 APR (no attachment)
HE-1.3.12 Track Housing
Production
The City will monitor housing
production throughout the planning
period and ensure the Pipeline Projects
and sites identified to meet the RHNA
maintain sufficient housing capacity to
meet the RHNA target by income level.

The city will not adopt reductions in
allowable residential densities for
Pipeline Projects in the Housing Element
through General Plan
update/amendment or rezone or approve
development or building permits for
sites identified in the inventory with
fewer units or affordable to a different
income category than identified in the
inventory, unless findings are made that
the remaining capacity is sufficient to
accommodate remaining unmet RHNA
for each income level. The City will track
and report on:

Pipeline projects and progress towards
completion;
Unit count and income/affordability
assumed on parcels in the sites
inventory;
Actual number of units permitted and
constructed by income/affordability;
Net change in capacity and summary of
remaining capacity by income level in
meeting remaining RHNA;
In accordance with No Net Loss law, if
Ongoing as projects are
proposed. Annual review
in tracking.
6th Cycle Continuous
Staff will continue to
monitor development
projects to ensure that
they are built to unit and
income levels as proposed
in the housing element in
accordance with No Net
Loss Law. Ongoing.

Units 368 Done through 2025 APR (no attachment)
HE-1.3.13 Housing
Element Monitoring and
General Plan Consistency
As required by State law, the City will
review the status of Housing Element
programs annually. Annual review will
cover consistency between the Housing
Element and the other General Plan
Elements. As portions of the General
Plan are amended, the Housing Element
will be reviewed and revised to ensure
that internal consistency is maintained.

Ongoing as the Elements
and General Plan are
updated.
6th Cycle Continuous
Staff will continue to
review elements of the
General Plan to ensure
their internal consistency,
including the Housing
Element. Ongoing.

Other1 City of Cupertino General Plan
Policy HE-2.1
Ensure that all new developments, including
market-rate residential developments, help
mitigate project related impacts on
affordable housing needs.

Ongoing 6th Cycle Continuous
Implemented via Municipal
Code and Housing Mitigation
Manual. Staff will continue to
ensure that all new
development mitigate project
related impacts on
affordable housing needs
through the application
review process and
collection of related fees.

Ongoing.

Other1 City of Cupertino Housing Mitigation Manual
Policy HE-2.2
Encourage the development of diverse
housing stock that provides a range of
housing types (including smaller, moderatecost housing) and affordability levels.

Emphasize the provision of housing for
lower and moderate-income households,
including wage earners who provide
essential public services (e.g. school district
employees, municipal and public safety
employees, etc.)
Ongoing 6th Cycle Continuous
Staff will continue to
encourage the development
of housing at all affordability
levels through the release of
an annual BMR notice of
funding availability and
through enforcement of the
inclusionary housing policy
of the Housing Mitigation
Manual during the
application review process.

In 2024, staff continues to
review the application for the
Vallco/The Rise project,
which is projected to
produce 2,669 units, with
134 very-low income units
and 756 low income units.

Ongoing.

Other2 November 2025 NOFA, City of Cupertino
Housing Mitigation Manual
Policy HE-2.3
Make every reasonable effort to disperse
affordable units throughout the community
but not at the expense of undermining the
fundamental goal of providing affordable
units. Ensure that the City's development
standards accommodate housing needed
by persons with special needs.

Ongoing 6th Cycle Continuous
Staff will continue to make
every reasonable effort to
dispurse affordable units
throughout the City to
Affirmatively Further Fair
Housing by requiring
inclusionary housing as part
of market rate housing as
they develop around the City.

In addition, during
development of the City's
priority housing sites
inventory, the City evaluated
sites through a diverse
selection of neighborhoods
to avoid creating areas of
housing segregation while
maintianing the fundamental
priority of providing
affordable housing units and
ensuring that development
standards accomodate
persons with special needs.

Ongoing.

Other1 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-2.3.1 Support
Affordable Housing
Development
The City prioritizes housing projects in
areas with low renter-occupied
households to enhance housing
mobility and integrate ownership/rental
units, and in areas with high housing
cost burden. The City supports
affordable housing development by
prioritizing permit processing for 100%
affordable projects for special-needs
groups (seniors, disabled, femaleheaded households, homeless) citywide, including single-family residential areas,
to reduce displacement risk. To
encourage affordable housing, the City
will promote the density bonus
ordinance, streamline application
processes, offer fee deferrals, and
consider development fee exemptions
for 100% affordable projects,
emphasizing high-resource areas and
those with limited current rental
opportunities. The City will also facilitate
approval for land divisions, lot line
adjustments, or specific/master plans
yielding parcel sizes enabling 50%
affordable housing development, and
process related fee deferrals for these
subdivision projects. Collaboration with
public and private sponsors will identify
candidate sites for new construction of
special needs housing
Ongoing as projects are
proposed. Annually apply
for state/federal funds as
projects become available.
6th Cycle Continuous
Staff will continue to
review and prioritize the
development of affordable
housing as opportunities
become available. In 2024,
no projects were ready to
receive state/federal
assistance. In 2025, staff
identified the PLHA and
HomeKey+ grants as
potential sources for the
future Mary Ave Affordable
Housing Project. On April
15, 2025, the City awarded
$908,683 of PLHA funding
and $174,567.37 of CDBG
funding to the Mary Ave
project. Ongoing.

Other1 City of Cupertino 2025-2030 Consolidated
Plan
HE-2.3.2 Office and
Industrial Housing
Mitigation Program
The City will continue to implement the
Office and Industrial Housing Mitigation
Program. This program requires that
developers of office, commercial, and
industrial space pay a mitigation fee,
which will then be used to support
affordable housing in Cupertino. These
mitigation fees are collected and
deposited in the City’s Below MarketRate Affordable Housing Fund.

Ongoing as projects are
proposed. 6th Cycle Continuous
Housing Mitigation Manual
updated in May 2024, to
require BMR units with
projects over 5 units. The
City requires developers of
office, commercial, and
industrial space to pay a
mitigation fee to support
affordable housing.

Mitigated fees are
collected and deposited
into the City's BMR
Affordable Housing Fund
(AHF) for the following
fiscal years (FY) the
following mitigation fees
were collected and
deposited and in the BMR
AFH fund. In 2023, there
was $175,873.48 in BMR
AHF funds collected. In
2024, no funds were
collected in BMR AHF
funds from the Office and
Industrial Housing
Mitigation Program. In
2025, $458,196.64 funds
were collected into the
BMR AHF fund. Staff will
continue to collect
mitigation fees to add to
Other1 City of Cupertino Housing Mitigation Manual
HE-2.3.3 Residential
Housing Mitigation
Program
The City will continue to implement its
Residential Housing Mitigation Program
(BMR) to address affordable housing
needs created by new market-rate
residential development. The BMR
program prioritizes occupancy for
Cupertino residents, full-time
employees, and public service
employees, as defined in the Residential
Housing Mitigation Manual. For for-sale
developments, 20% for-sale BMR units
are required (or rental alternatives). For
rental developments, 15% very low- and
low-income BMR units are mandated. A
rental alternative allows on-site rental
BMR units in for-sale or market-rate
rental developments if developers agree
to limit rents for financial
contribution/density bonus assistance,
and provide very low/low-income BMR
units. Guidelines for affordable sales
prices and rents for new affordable
housing are continuously implemented
and updated annually based on new
income guidelines. Developers can meet
BMR or Housing Mitigation fee
requirements by making land available
for the City/nonprofit to construct
affordable housing, or by constructing
required BMR units off-site in
partnership with a nonprofit. Criteria for
Ongoing as projects are
proposed. Monitor the
program annually.

Conduct economic study if
it appears to be a
constraint and make
changes within one year.
6th Cycle Continuous
The City has not heard any
concerns about its BMR
program being a
constraint to development
at this time and is not
required to prepare an
economic feasibility report
at this time. Staff will
continue to implement the
housing mitigation
program to ensure market
developments include
affordable units as a
portion of housing units
provided. Revisions will be
made to the mitigation
program guidelines to
allow alternatives ways to
satisfy BMR requirements
as neccesary. The
program and any
subsequent changes will
be monitored through
tracking of housing
production in the APR. In
2024 and 2025, staff
continues to review the
application for the
Vallo/The Rise project,
which is projected to
produce 2,669 units, with
Units 892
Alan Row BMR Agreement, Bianchi Way
BMR Agreement, RISE Vallco BMR
Agreement
HE-2.3.4 Below MarketRate (BMR) Affordable
Housing Fund (AHF)
The City’s BMR AHF will continue to
support affordable housing projects,
strategies, and services, including, but
not limited to:

BMR Program Administration
Substantial rehabilitation
Land acquisition
Acquisition and/or rehabilitation of
buildings for permanent affordability
New construction
Preserving “at-risk” BMR units
Rental operating subsidies
Down payment assistance
Direct gap financing
Fair housing
The City will target a portion of the BMR
AHF to benefit extremely low income
households and persons with special
needs (such as the elderly, victims of
domestic violence, and the disabled,
including persons with developmental
disabilities), to the extent that these
target populations are found to be
consistent with the needs identified in
the nexus study the City prepares to
identify the connection, or “nexus”
between new developments and the
need for affordable housing.

Additionally, development of housing for
lower income households will be
facilitated citywide, but priority will be
Annual publication of a
Request for Proposals.

Ongoing as applicants for
BMR funding are received.
6th Cycle Continuous
Staff will continue to
annual publish a Request
for Proposals for the
Below Market Rate
Affordable Housing Funds
and will review
applications to ensure that
they meet the fund
guidelines and further the
City's affordable housing
goals. In 2024,
approximately $4.8 million
dollars have been made
available. Projects which
include ELI units or are
geographically located in
areas with low
percentages of renteroccupied households or
areas with high rates of
cost burden will be
prioritized. In 2024, this
NOFA was released in
November and received
two applications: the Mary
Ave Affordable housing
project, which is planned
to produce 40 units, with
19 very low-income units,
20 extremely low-income
units, and 1 manager unit.

Other2 City of Cupertino 2025-2030 Consolidated
Plan, November 2025 NOFA
451
CC 03-17-2026
451 of 1887
HE-2.3.5 Housing
Resources
Cupertino residents and developers
interested in providing affordable
housing in the city have access to a
variety of resources administered by
other agencies. The City will continue to
provide information on housing
resources and services offered by the
County and other outside agencies.

These include, but are not limited to:

Mortgage Credit Certificate (MCC) –
Santa Clara County Housing and
Community Development Department.

First-Time Homebuyer Assistance and
Developer Loans for Multifamily
Development - Housing Trust Silicon
Valley (HTSV).

Housing Choice Vouchers (Section 8) -
Housing Authority of Santa Clara County
(HASCC).

Affordable housing development - Santa
Clara County HOME Consortium.

The City will also continue to identify
and pursue various affordable housing
resources available at the local,
regional, state, and federal levels that
could be used to address housing needs
in the community. Outreach on these
programs will be conducted citywide,
but extra focus will be given to areas
with historically higher areas of income
segregation.

Annually identify and
pursue housing resources
as opportunities become
available. Update the
website as needed.
6th Cycle Continuous
Information and technical
assistance continues to be
provided by City Staff and
Rise Housing Solution,
BMR program
administrator. Staff will
continue to research and
pursue housing funds
from federal, state, and
regional sources to
support affordable
housing and provide
relevant information to
residents through the City
website as projects
become available. In 2025,
staff connected the
developers of the Mary
Ave project with
information regarding
state and local resources
such as Homekey+, PLHA,
and HTSV. Ongoing.

Other1 PLHA City of Cupertino/County of Santa Clara
Consortium Agreement Amendment 1
HE-2.3.6 Surplus
Properties for Housing and
Faith-Based Housing
The City will partner with local
developers/organizations to acquire
surplus properties, infill lots, and
greenfields for affordable housing
development, encouraging mixed-use.

This includes identifying underutilized
public/church properties and
maintaining an inventory of vacant
City/publicly-owned land (donated or
acquired). The City will then release
RFPs to solicit developer interest,
potentially declaring land as ‘surplus’.

This inventory will be publicized on the
City website, made available to nonprofit developers, and affordable housing prioritized per the Surplus
Lands Act. To enhance housing mobility
for lower-income households, outreach
to religious institutions will inform them
of SB 4 development rights and
encourage housing proposals within
one year of Housing Element adoption.

If no application is received from a faithbased site within twelve months, the City will expand annual outreach via
direct mailings highlighting successful
projects and available City resources,
focusing on religious institutions in
lower-density neighborhoods to
promote mobility. Long-term land leases
from churches, school districts, and
Update surplus City
properties list within one
year of adoption. Send
RFP in compliance with
Surplus Lands Act. Meet
with affordable housing
developers biennially.

Outreach to faith-based
groups within one year of
adoption and if new
legislation is adopted. If
no applications by
December 2025, annual
outreach.
6th Cycle Continuous
The City worked with local
public agencies, school
districts, and churches to
identify surplus properties
that have the potential for
residential development
during the Housing
Element update between
2021 and 2023. There were
no surplus properties
available from any school
districts for the City to
pursue. The City
continued to support the
Rotating Safe Car Park
(RSCP) program on church
property. The City has
seen an interest from St.

Jude's Church for a
development of a portion
of their property with
affordable housing. The
City has rezoned this
property to accommodate
the development that they
envision as part of the 6th
Cycle Housing Element
update. Staff will maintain
a list of surplus City
properties that will
updated annually in
Meetings1 Sacred Land Flyer, Email outreach
HE-2.3.7 Incentives for
Affordable Housing
Development
The City will continue to offer a range of
incentives to facilitate the development
of affordable housing. These include:

Financial assistance through the City’s
Below-Market Rate Affordable
Housing Fund (BMR AHF) and
Community Development Block Grant
(CDBG) funds.

Partner with CDBG and/or support the
funding application of qualified
affordable housing developers for
regional, state, and federal affordable
housing funds, including HOME funds,
Low-Income Housing Tax Credits
(LIHTC), and mortgage revenue bonds.

Density bonus incentives
Flexible development standards
Technical assistance.

Waiver of park dedication fees and
construction tax
Parking ordinance waivers
Expedited permit processing
Development of housing for lowerincome households will be facilitated citywide, but extra focus will be given to
areas with currently low percentages of
renter-occupied households to facilitate
housing mobility and integration of
ownership and rental units. Additionally,
focus will be given to areas with high
rates of housing cost burden.

Annually review incentives
and publish RFPs. If
additional incentives are
needed, adopt within one
year.
6th Cycle Continuous
Staff will continue to
publish RFPs for
affordable housing funds
and annaully review
incentives provided to
encourage affordable
housing development.

Projects which include ELI
units or are geographically
located in areas with low
percentages of renteroccupied households or
areas with high rates of
cost burden will be
prioritized. On April 15,
2025, the City awarded 3
million dollars of the BMR
AHF fund to the Mary Ave
project and $1,083,200 to
the Wolfe Rd project,
prioritizing the Mary Ave
project due to having ELI
units. Ongoing.

Other1 City of Cupertino 2025-2030 Consolidated
Plan, November 2025 NOFA
HE-2.3.8 Density Bonus
Ordinance
The City will continue to review and
revise the Zoning Code to be consistent
with State density bonus law. Although
most housing developers are familiar
with density bonus law and frequently
request bonuses, concessions, waivers,
and parking reductions, the city will
provide available guidelines and other
information to developers regarding the
statute. The City currently allows a 100%
bonus for all affordable housing
developments.

Update ordinance by June
2025. Annually review and
revise as needed.
6th Cycle Completed
Every housing
development with more
than 5 units has utilitzed
Density Bonus, waivers,
incentives and parking
reductions in some
capacity. As of the 2021
Density Bonus Ordinance
update (Ordinance 21-
2230), language has been
added in the local
ordinance which states
that if any discrepancies
exist between local and
state law, state law will
take precedence. Staff will
continue to review and
revise the zoning code to
be consistent with State
density bonus law if
needed. Complete as of
November 5, 2021.

Other1 Ordinance 21-2230
HE-2.3.9 Review Impact
Fees
To ensure that impact fees are not a
constraint on the development of
housing, the City will:

Review and revise impact fees by
researching surrounding jurisdictions to
determine other possible fee structures,
grant funding opportunities and similar
funding sources, review of average
persons per unit at higher densities of
development and will consider:

Alternatives, such as privately owned,
publicly accessible (POPA) areas, or
allowing parkland credit for pedestrian
connections and trails.

Incorporating priority processing,
granting fee waivers or deferrals for 100
percent affordable projects, and
modifying development standards.

Review impact fee by
December 2025, revise if
needed by June 2026.
6th Cycle In Progress
Staff already grant impact
fee and construction tax
waivers for all affordable
units (whether the
development is 100%
affordable or not). It is the
City's policy to continue to
prioritize 100% affordable
houring projects. All 100%
affordable housing
projects are eligible for
state density bonus
waivers, which allow the
waivers of all development
standards. Additionally,
many parts of the City
allow unlimited density
due to proximity to major
transity stops. Therefore,
almost no development
standards apply to such
projects nor are such
projects subject to the
payment of any parkland
fees in lieu of dedication.

For projects which are not
100% affordable, the City
will review parkland fees
in lieu of dedication to
consider credit for public
pedestrian connections or
Other1 City Work Plan 2025 - 2027
HE-2.3.10 Extremely LowIncome Housing
The City encourages adequate housing
development for extremely low-income
households, particularly seniors,
domestic violence victims, and persons
with disabilities (including
developmental disabilities), through
various actions. Citywide facilitation will
occur, but priority is given to areas with
low renter-occupied households for
housing mobility and ownership/rental
integration, and areas with high housing
cost burden. Financing assistance will
be provided via BMR AHF and CDBG
funds. The City will annually review
State/Federal NOFAs and support
funding applications for affordable
housing projects. A priority processing
procedure for extremely low-income
units will be adopted within one year of
Housing Element adoption. Parking
reductions will be granted as required
by density bonus law and other state
statutes. Regulatory incentives for
extremely low-income and special-needs
housing (including
emergency/transitional housing) will be
expanded. The City will collaborate with
developers to evaluate additional
proposed development standards
reductions for projects including
extremely low-income housing,
Adopt zoning code
amendments within 9
months of findings.

Conduct outreach by
December 2024. Annually
inform developers of
findings.
6th Cycle Continuous
New zoning development
standards were adopted in
July 2024 to address SROs
and processing.
(Ordinance 24-2262,
Ordinance 24-2261). The
annual NOFA for the City's
BMR AHF fund was issued
in November. All projects
which include ELI units
will be prioritized as
identified in the Housing
Element. Processing for
projects with affordable
units are streamlined and
codified in the zoning
code. The City hosted a
developer outreach event
on February 27, 2025 in
partnership with other
cities to promote the use
of development incentives
for projects which contain
ELI units, such as waivers
and concessions. The City
also discussed the
availability of Density
Bonus waivers and
incentives for
developments with
affordable units and
Other3
November 2025 NOFA, Silicon Valley @
Home Developer Roundtable Flyer,
Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-2.3.11 Assistance for
Persons with
Developmental Disabilities
To increase housing mobility
opportunities and support persons with
developmental disabilities, the City will:

Provide referrals to the San Andreas
Regional Center to inform families with
persons with developmental disabilities
of the resources available to them.

Continue to support the development of
small group homes that serve
developmentally disabled adults; adopt
a policy to establish priority processing
and offer fee waivers or deferrals within
one year of Housing Element adoption.

Work with the nonprofit community to
encourage the inclusion of units for
persons with developmental disabilities
in future affordable housing
developments.

Encourage housing providers to pursue
funding sources designated for persons
with special needs and disabilities and
notify housing providers of available
funding opportunities as they become
available. Offer technical assistance to
project developers on funding
applications.

Encourage housing providers to
designate a portion of new affordable
housing developments for persons with
disabilities, including persons with
developmental disabilities, to increase
Adopt priority processing
and fee deferrals within
one year of adoption. Meet
with providers by
December 2024. Annually
coordinate with regional
offices.
6th Cycle Continuous
The City hosted a
developer outreach event
on February 27, 2025 in
partnership with other
cities to promote the use
of development incentives
for projects which contain
IDD units, such as Density
Bonus waivers and
concessions. The City also
offerred support for
qualifying grant funding
applications. It promoted
an opportunity site at
20149 Stevens Creek Blvd,
a parcel with proximity to
services, including West
Valley Community
Services, which is well
suited for IDD units.

Outreach for the event
began December 2024. The
City continues to support
and encourage the
development of housing
for persons with
developmental disabilities
through the Mary Ave
Affordable Housing
project, which will contain
19 units for IDD
Other2 Silicon Valley @ Home, City of Cupertino
2025-2030 Consolidated Plan
HE-2.3.12 Live/Work Units
Encourage the development or
conversion of affordable live/workspace
units to reduce displacement of
residents and employees, specifically
when replacing older strip mall type
developments along busier streets to
preserve the more urban and mixed-use
character of the street. This would allow
the street frontage to remain commercial
use while the residential portion of the
units would be located towards the rear
of the site or in upper floors. The City
will also help to market the
Homeownership Assistance Programs
offered by Housing Trust Silicon Valley
(HTSV) in an effort to expand affordable
homeownership options.

Conduct outreach by June
2025, adopt zoning
amendments if neccesary
by December 2025.

Annually monitor
applications and modify if
needed.
6th Cycle Completed
Staff created a flyer to
promote Live/Work units
and distributed it through
outreach to commercial
property owners. This item
was sent out on December
8, 2025 via email and on
December 24, 2025 in the
December edition of the
Business Connect
Newsletter. Zoning
amendments will be
pursued if feedback
received from the outreach
deems them neccesary.

The City will continue to
help advertise
Homeownership
Assistance Programs
offered by HTSV through
the City website.

Other 1 Live Work Units Flyer, Business Connect
Newsletter December 2025, Email outreach
Policy HE-3.1
Pursue and/or provide funding for the
acquisition/rehabilitation of housing that is
affordable to very low, low, and moderate
income households. Actively support and
assist nonprofit and for-profit developers in
producing affordable units.

Ongoing 6th Cycle Continuous
Staff will continue to release
an annual notice of funding
available for both local BMR
funds as well as federal
CDBG funds, and make
avilalbe HOME, as well as
state PLHA funds, to provide
funding to maintain existing
affordable housing stock.

Ongoing.

Other1 November 2025 NOFA
Policy HE-3.2
Assist lower-income homeowners and
rental property owners in maintaining and
repairing their housing units.

Ongoing 6th Cycle Continuous
In 2024, CDBG funds were
provided to the non-profit
organization, Rebuilding
Together Silicon Valley, in
the amount of $92,536 to
provide rehabilitation
services to low-income
homeowners in the City of
Cupertino, which served 9
households. In 2025,
$96,237 was provided which
served 7 households.

Ongoing.

Units 16 2024-2025 CAPER
Policy HE-3.3
The City's existing multifamily units provide
opportunities for households of varied
income levels. Preserve existing multifamily
housing stock, including existing duplexes,
triplexes, and fourplexes, by preventing the
net loss of multifamily housing units upon
remodeling, with new development and the
existing inventory of affordable housing
units that are at risk of converting to marketrate housing.

Ongoing 6th Cycle Continuous
Staff will continue to make
funding available for the
conservation of affordable
housing units at risk of
converting to market rate
housing through using BMR,
CDBG, HOME, and PLHA
programs through deed
restriction via rehabilitation
and conversion. Ongoing.

Other1 November 2025 NOFA
HE-3.3.1 Residential
Rehabilitation
The City will continue to:

Use its BMR AHF and CDBG funds to
support residential rehabilitation efforts
in the community. These include:

Acquisition/rehabilitation of rental
housing.

Rehabilitation of owner-occupied
housing.

Provide assistance for home safety
repairs and mobility/accessibility
improvements to income-qualified
owner-occupants using CDBG funds.

The focus of this strategy is on the
correction of safety hazards.

Partner with and/or support the funding
application of qualified affordable
housing developers for regional, state,
and federal affordable housing funds,
including HOME funds, LIHTC, and
mortgage revenue bonds.

Ongoing as projects are
proposed. 6th Cycle Continuous
Staff will continue to
support residential
rehabilitation of lowincome homes in
partnership with
Rebuilding Together
Silicon Valley through
financial support in the
CDBG program. In 2024,
$92,536 was provided to
this program and 9
households were served.

In 2025, $96,237 was
provided which served 7
households. Ongoing.

Units 16 2024-2025 CAPER
452
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HE-3.3.2 Preservation of AtRisk Housing Units
Beardon Drive (8 units), WVCS
Transitional Housing (4 units), and
Sunny View West (100 units), as well as
several below-market rate (BMR) units
are considered at risk of converting to
market-rate housing in the next 10 years.

For units at risk of converting to market
rate, the City shall:

Contact property owners of units at risk
of converting to market-rate housing
three years before affordability
expiration to discuss the City’s
commitment to preserve these units as
affordable housing.

Coordinate with owners of expiring
subsidies to ensure the required notices
to tenants and to affordable housing
developers are sent out at 3 years, 12
months, and 6 months or otherwise as
required by state law.

Reach out to agencies and to nonprofit
housing developers interested in
purchasing or otherwise preserving atrisk units.

Work with tenants and other
organizations to reduce displacement
and refer residents to an agency that
can assist in providing alternative
housing, if preservation is not possible.

Ensure that tenants have received all
required notices and other information
Ongoing, conduct
outreach to property
owners 3 years prior to
expiration of contracts as
needed.
6th Cycle Continuous
Staff will continue to reach
out to property owners as
their affordable units
approach the 3 years, 12
months, and 6 months
deadlines to ensure that
proper noticing is sent out
to tenants informing them
of ther affordability
restrictions of their unit
expiring. Whenever
possible, staff will work
with nonprofit housing
developers to preserve
unit affordability. Staff was
able to extend the
affordability restriction of
Greenwood Ct Apartments
to 2116. Staff has
confirmed in 2025 that the
8 units at the Beardon Dr
Apartments continue to be
offered at affordable rents
despite affordability
restriction expiring. In
2024, Aviare, Forge
Homestead, and Park City
Center were contacted by
staff to ensure proper
noticing procedures were
followed. In 2025,
Units 114 Resolution 25-051, RISE Vallco BMR
Agreement
HE-3.3.3 Condominium
Conversions
The existing Condominium Conversion
Ordinance regulates the conversion of
rental units in multifamily housing
development to preserve the rental
housing stock. Condominium
conversions are not allowed if the rental
vacancy rate in Cupertino and certain
adjacent areas is less than 5 percent at
the time of the application for
conversion and has averaged 5 percent
over the past six months. The City will
continue to monitor the effectiveness of
this ordinance in providing
opportunities for homeownership while
preserving a balanced housing stock
with rental housing.

Annually monitor
ordinance and as projects
are proposed.
6th Cycle Continuous
The City continues to
monitor the effectiveness
of this ordinance by
providing opportunities for
homeownership while
preserving a balanced
housing stock with rental
housing. Staff will
continue to monitor the
balance and growth of
rental and ownership
housing annually through
the APR and will consider
the effectiveness of the
Condominium Conversion
Ordinance. Ongoing.

Other1 Done through 2025 APR (no attachment)
HE-3.3.4 Housing
Preservation Program
When a proposed development or
redevelopment of a site would cause a
loss of multifamily housing, the City will
grant approval only if:

The project will comply with the City’s
Below Market Rate Housing Mitigation
Program Procedural Manual;
The number of units provided on the site
is at least equal to the number of
existing units;
Adverse impacts on displaced tenants,
in developments with four or more units,
are mitigated; and
The project replaces existing units at the
same or deeper affordability, with the
same number of bedrooms and
bathrooms, and comparable square
footage to the units demolished and
provides displaced tenants with right of
first refusal to rent new comparable
units at the same rent as demolished
units.

The City will review the program
biannually and revise as needed; if
revisions are needed, they will be
adopted within one year of
determination of need. In addition,
indirect displacement may be caused by
factors such as increased market rents
as areas become more desirable. The
City will participate, as appropriate, in
Ongoing as projects are
proposed. Review
program biennially.
6th Cycle Continuous
The City must comply with
state law and federal
requirements on relocation
assistance to displaced
tenants as projects are
proposed/constructed.

Staff will continue to
review and approve
development applications
only if the number of
housing units proposed is
greater than the existing
count and that any
adverse impacts on
displaced tenants are
mitigated in accordance
with No Net Loss
provisions. The program
will be reviewed bienually.

Ongoing.

Other1 Done through 2025 APR (no attachment)
HE-3.3.5 Park Land
Ordinance
The City will review and revise its Park
Land Ordinance to reduce any potential
constraints on residential development
while maintaining access to quality open
space. The City will review requirements
for higher-density projects and evaluate
the possibility of open space credits.

Review by December 2025,
revise by June 2026. 6th Cycle In Progress
The City currently has a
Park Land Ordinance
which requires that
developments pay a park
impact fee with an option
to earn a park fee credit
through the provision of
on-site open space. In
2025, the City received
applications for two
projects which will provide
a significant number of
affordable housing units
that also requested park
fee credits under the City's
current policy for the
provision of open space to
higher density projects.

The Wolfe Rd Educator
housing project will
provide 60 very low, 120
low, 67 moderate income
units, 2 manager units,
and is able to proceed
under current City
policies. The Vallco RISE
will provide 134 very-low
income units and 756 low
income units through the
BMR program and was
able to receive a reduction
Other1 City Work Plan 2025 - 2027
HE-3.3.6 Tenant
Protections
Study rent stabilization and tenant
protection ordinances in California and
displacement in Cupertino due to rising
rents and evictions. Work with relevant
stakeholders to establish tenant
protection and/or a rent stabilization to
ensure protection for renters, as
appropriate based on findings.

Complete study by
December 2025, implement
ordinance by June 2026.
6th Cycle In Progress
Throughout development
of the Housing Element,
staff was directed by City
Council to address antidisplacement for tenants
of BMR units with expiring
affordability covanents as
a high priority. In
December 19, 2024, staff
completed a study session
during a Special Meeting
of the Housing
Commission to develop an
anti-displacement policy to
address the needs of
households in expiring
BMR rental units. On June
17, 2025, the City adopted
the new policy via City
Council Resolution (25-
051) that revised the BMR
Admin Manual, giving
highest priority to tenants
of expiring BMR rental
units reapplying to the
program waitlist to be
rehoused, and created an
expedited application for
the process. On February
21, 2025 the BMR
Agreement for the Vallco
Units 114 Resolution 25-051, RISE Vallco BMR
Agreement
HE-3.3.7 Monitor
Nongovernmental
Constraints
Monitor Nongovernmental Constraints
Impeding Residential Development. The
City will monitor residential
developments that have been approved
by the City and where building permits
or final maps have not been obtained,
the City will make diligent efforts to
contact applicants to discover why units
have not been constructed within two
years after approval. If due to
nongovernmental constraints, such as
rapid increases in construction costs,
shortages of labor or materials, or rising
interest rates, to the extent appropriate
and legally possible, the City will seek to
identify actions that may help to reduce
or remove these constraints.

Additionally, the City will proactively
work with stakeholders to identify
nongovernmental constraints or other
considerations that may impede the
construction of housing in Cupertino
and work collaboratively to find
strategies and actions that can eliminate
or reduce identified constraints.

Ongoing, monitor two
years after project
approvals.
6th Cycle Continuous
Staff will continue to
monitor approved
developments and work
with developers to remove
any nongovernmental
constraints which may be
impeding completion.

Feedback from developers
on constraints to
development was solicited
during the outreach event
held on February 27, 2025.

Overall, developers stated
that largest constraint
impeding affordable
housing development
continues to be the lack of
available funding. The City
will continue to release
annual NOFAs to make
opportunities available to
for affordable housing
developments to apply for
City funding and work with
developers to support
them in their applications
for other funding sources.

Other 2 Silicon Valley @ Home Developer Roundtable
Flyer, November 2025 NOFA
Policy HE-4.1 Encourage energy and water conservation inOngoing 6th Cycle Continuous Staff will continue to ensure
energy and water
conservation in new
development through the
application process.

Ongoing.

Other1 Done through 2025 APR (no attachment)
HE-4.1.1 Enforcement of
Title 24
The City will continue to enforce Title 24
requirements for energy conservation
and will evaluate using some of the
other suggestions as identified in the
Environmental Resources/Sustainability
Element.

Ongoing as projects are
proposed. 6th Cycle Continuous
Implemented through the
Municipal Code. The City
has Chapter 16.58, Green
Building Standards Code,
that requires certain
projects to achieve LEED
certification or similar.

Staff will continue to
enforce Title 24
requirements through the
review and approval of
development applications.

Ongoing
Other1 Done through 2025 APR (no attachment)
HE-4.1.2 Sustainable
Practices
The City will continue to implement the
Landscape Ordinance for water
conservation and the Green Building
Ordinance (adopted in 2013) that applies
primarily to new residential and
nonresidential development, additions,
renovations, and tenant improvements
of 10 or more units. To further the
objectives of the Green Building
Ordinance, the City will evaluate the
potential to provide incentives, such as
waiving or reducing fees, for energy
conservation improvements at
affordable housing projects (existing or
new) with fewer than 10 units to exceed
the minimum requirements of the
California Green Building Code. The City
will also implement the policies in its
climate action plan to achieve
residential-focused greenhouse gas
emission reductions and further these
community energy and water
conservation goals.

Ongoing as projects are
proposed. Consider
additional incentives if
neccesary by June 2025.
6th Cycle Continuous
Implemented through the
Municipal Code. No need
for additional incentives
has been expressed thus
far from outreach to
developers. Staff will
continue to enforce the
Landscape Ordinance and
the Green Building
Ordinance requirements
through the review and
approval of development
applications. Ongoing.

Other1 Done through 2025 APR (no attachment)
HE-4.1.3 Sustainable,
Energy-Efficient Housing
The City will work with and support
housing developers to develop
sustainable, energy-efficient housing.

Such development should include solar
panels, green roofs, energy-efficient
lighting, and other features that aim
toward carbon-neutral impacts while
lowering energy costs.

Ongoing as projects are
proposed. 6th Cycle Continuous
Staff will continue to
review and approve
applications for housing
development that utilize
sustainable, energy
efficient practices.

Ongoing.

Other1 Done through 2025 APR (no attachment)
HE-4.1.4 Water and
Wastewater Priority
Consistent with the provisions of state
law, the City will immediately forward its
adopted Housing Element to its water
and wastewater providers so they can
grant priority for service allocations to
proposed developments that include
units affordable to lower-income
households.

Concurent with HE
adoption 6th Cycle Completed
Staff forwarded the
certified 2023-2031
Housing Element to water
and wastewater providers
after receiving a letter of
substantial compliance
from HCD. Complete as of
January 2025.

Other1 Letter to Water and Wastewater Providers
Policy HE-5.1
Support organizations that provide services
to lower-income and special needs
households in the City, such as persons
experiencing homelessness, extremely lowincome households, seniors, large households, persons with disabilities, and
single-parent households.

Ongoing 6th Cycle Continuous
Staff will continue to support
non-profit organizations
which provide services to lowincome residents through the CDBG, BMR, and HSG
program which releases
funds on an annual basis
through a notice of funding
availability. Ongoing.

Other1 November 2025 NOFA
HE-5.1.1 Emergency
Shelters
The City commits to complying with the
requirements of state law regarding
emergency shelters. As part of this
compliance, the City will:

Continue to facilitate housing
opportunities for special-needs persons
by allowing emergency shelters as a
permitted use, without discretionary
review in the R4 zoning district and
continuing to permit emergency shelters
in the Quasi Public (BQ) zoning district.

Amend the definition of emergency
shelters to include other interim
interventions, including but not limited
to, navigation centers, bridge housing,
and respite or recuperative care.

Amend the Zoning Code to allow
emergency shelters as a permitted use,
without discretionary review, in the new
R4 zoning district.

Review and revise managerial
standards, consistent with State law.

Adopt zoning code
amendment by June 2024. 6th Cycle Completed
Amendments to zoning
code were approved
through a public hearing
before the City Council.
(Resolution 24-039,
Ordinance 24-2262,
Ordinance 24-2261).

Complete as of July 2024.

The City of Cupertino has
joined with other West
Valley Cities to study
opportunities to
addressed issues faced by
the unhoused, including
the development of
temporary and emergency
housing facilities. On April
5, 2025 the City Council
authorized the City
Manager to sign an MOU
for the combined effort to
execute a group contract
with GoodCity to conduct
the study. The results
preliminary results of the
study has been shared
with staff as of November
2025 and will be made
public in early 2026.

Other1
Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261, Executed West Valley
Shelter Feasibility Study Memorandum of
Understanding
HE-5.1.2 Supportive
Services for Lower-Income
Households and Persons
with Special Needs
The City will continue to use its BMR
AHF, CDBG funds, and General Fund
Human Service Grants (HSG) funds to
provide for a range of supportive
services for lower-income households
and persons with special needs.

Annual publication of a
Request for Proposals.

Ongoing as applicants for
funding are received.
6th Cycle Continuous
Staff will continue to
annual publish a Request
for Proposals for lowincome public services
and will review
applications to ensure that
they meet the fund
guidelines and further the
City's low-income service
goals. In 2024, the
following organizations
received funding:
•CDBG $19,054.05 to Live
Oak Adult Day Services, a
senior adult day care.
•CDBG $35,974.05 to West
Valley Community
Services (WVCS) CARE
Program, a community
access to resource and
education program.
•HSG $10,000 to Catholic
Charities of Santa Clara
County, a long-term care
ombudsman program.
•HSG $24,678.11 to Maitri,
a transitional housing
direct client services
program.
•HSG $16,287.55 to Senior
Adult Legal Assistance, a
Other1 City of Cupertino 2025-2030 Consolidated
Plan
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HE-5.1.3 Rotating Safe Car
Park
The City will continue to support the
operation of a Rotating Safe Car Park
program in collaboration with local
nonprofit service providers, such as
West Valley Community Services.

Ongoing as projects are
proposed. 6th Cycle Continuous
Staff will continue to
review and approve
applications for the
Rotating Safe Car Park
program for Cupertino
host locations and support
the program through
financial contributions
whenever possible. In
2024, the City of Cuperitno
provided $25,000 to the
Rotating Safe Car Park
program which served 27
households. In 2025, the
City approved three host
sites for the RSCP: Bethel
Lutheran Church, St.

Jude's, and Peninsula
Bible Church. Ongoing.

Other3 Approved RCSP Host Site Applications
HE-5.1.4 Low Barrier
Navigation Center and
Supportive Housing
The City will amend the Zoning
Ordinance to allow supportive housing
and low-barrier navigation centers for
the homeless by right in mixed-use and
nonresidential zoning districts where
multifamily uses are permitted, per state
law.

Amend zoning code by
December 2024. 6th Cycle Completed
Amendments to zoning
code were approved
through a public hearing
before the City Council.
(Ordinance 24-2262,
Ordinance 24-2261).

Complete as of July 2024.

Amendments were
reviewed by HCD prior to
adoption. Complete as of
July 2024. The City of
Cupertino has joined with
other West Valley Cities to
study opportunities to
addressed issues faced by
the unhoused, including
the development of
temporary and emergency
housing facilities. On April
5, 2025 the City Council
authorized the City
Manager to sign an MOU
for the combined effort to
execute a group contract
with GoodCity to conduct
the study. The results
preliminary results of the
study has been shared
with staff as of November
2025 and will be made
public in early 2026.

Other1
Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261, Executed West Valley
Shelter Feasibility Study Memorandum of
Understanding
HE-5.1.5 Residential Care
Facilities
The Zoning Ordinance now allows
residential care facilities for six clients
or fewer to be treated as a single-family
use consistent with state law. The City
will amend the Zoning Ordinance to
allow larger residential care facilities
that operate as a single housekeeping
unit in all zones that permit residential
uses, with objective standards similar to
those applied to other residential uses
permitted in that zoning district.

Amend zoning code by
December 2024. 6th Cycle Completed
Amendments to zoning
code were approved
through a public hearing
before the City Council.
(Ordinance 24-2262,
Ordinance 24-2261).

Complete as of July 2024.

Amendments were
reviewed by HCD prior to
adoption.

Other1 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
HE-5.1.6 Manufactured
Homes
The City will amend the Zoning Code to
permit manufactured homes, as defined
in state law, in the same manner and in
the same zoning districts as
conventional or stick-built structures are
permitted.

Amend zoning code by
December 2024. 6th Cycle Completed
Amendments to zoning
code were approved
through a public hearing
before the City Council.
(Ordinance 24-2262,
Ordinance 24-2261).

Complete as of July 2024.

Amendments were
reviewed by HCD prior to
adoption.

Other1 Resolution 24-039, Ordinance 24-2262,
Ordinance 24-2261
Policy HE-6.1
The City will work to eliminate on a citywide
basis all unlawful discrimination in housing
with respect to age, race, sex, sexual
orientation, marital or familial status, ethnic
background, medical condition, or other
arbitrary factors, so that all persons can
obtain decent housing.

Ongoing 6th Cycle Continuous
The City will continue to
combat housing
discrimination through the
investigation and
enforcement of fair housing
law and education of
landlords through Project
Sentinel. Ongoing.

Other1 2024-2025 CAPER
Policy HE-6.2
The City will work to create opportunities for
public education around the issue of
housing equity and education about the
history of racial segregation to build
community and raise awareness. This
should include more opportunities for
community dialogue and shared
experiences. Outreach about these
programs will be conducted citywide, but
extra focus will be given to areas where
long-term patterns of income segregation
may be more prevalent.

Ongoing 6th Cycle Continuous
The City will continue to
collaborate with nonprofit
proviers of fair housing
enforcement and low-income
housing legal defense to
educate and raise
awareness on systemic
housing inequalities within
the community. Ongoing.

Other1 West Valley Housing Resource Fair Flyer
HE-6.2.1 Fair Housing
Services
The City will continue to:

Partner with a local fair housing service
provider, such as Project Sentinel, to
provide fair housing services, which
include outreach, education, counseling,
and investigation of fair housing
complaints.

Partner with a local fair housing service
provider, such as Project Sentinel, to
provide direct services for residents,
landlords, and other housing
professionals. Among other things, this
should address issues related to the use
of HUD-VASH vouchers, so that veterans
may use such vouchers without
discrimination.

Partner with a local fair housing service
provider, such as Project Sentinel, to
assist individuals with housing
problems such as discrimination and
rental issues including repairs, and
provide information and counseling
regarding rights and responsibilities
under California tenant landlord law.

Additionally, provide annual training to
landlords on fair housing rights and
responsibilities with the intent of
reducing, or eliminating, discrimination.

Coordinate with efforts of the Santa
Clara County Fair Housing Consortium
to affirmatively further fair housing.

Annual fair housing
training for landlords.

Outreach twice in planning
period.
6th Cycle Continuous
The City of Cupertino will
continue to maintain an
annual contract with
Project Sentinel for the
provision of fair housing
services, tenant-landlord
dispute resolution, and fair
housing education
through outreach,
counselling, and
investgations. In 2024,
$50,000 was provided to
this program which
provided service to 65
households. In 2025,
$50,000 was provided to
this program which
provided service to 77
households. Two outreach
events related to fair
housing will be held
during the planning period
in coordination with the
Santa Clara County Fair
Housing Consortium. The
first outreach, the West
Valley Housing Resource
Fair, was held on April 21,
2025.

Households 142 West Valley Housing Resource Fair Flyer, 2024-2025 CAPER
HE-6.2.2 Affirmative
Marketing
The City will work with affordable
housing developers to ensure that
affordable housing is affirmatively
marketed to households with
disproportionate housing needs,
including Hispanic and Black
households who work in and live
outside of Cupertino (e.g., materials in
Spanish and English, distributed
through employers).

Ongoing as projects are
proposed. 6th Cycle Continuous
As of 2025, City housing
staff has developed a list
of 50 local employers to
distribute marketing
matierals for affordable
housing. Outreach will be
conducted citywide, but
extra marketing efforts will
be requested of
developers working in or
around areas with
historically higher areas of
potential income
segregation. As projects
come availalbe, the list will
be shared with the City's
BMR Administrator.

Projects which provide
higher amounts of lowincome housing to be
prioritized. Ongoing.

Other1 Outreach Master List
HE-6.2.3 Housing Mobility
Work with a local fair housing service
provider, such as Project Sentinel, to
contact rental property owners and
managers of multifamily apartment
complexes to provide fair housing
information and assistance. This
outreach will include promoting the
Housing Choice Voucher (Section 8)
program to landlords that have not
previously participated in the program
and will target use of multi-lingual
materials. Target additional outreach to
higher-income neighborhoods.

Outreach twice in planning
period. 6th Cycle Continuous
The City of Cupertino will
continue to maintain an
annual contract with
Project Sentinel for the
provision of fair housing
services, tenant-landlord
dispute resolution, and fair
housing education
through outreach,
counselling, and
investgations. Two
outreach events related to
fair housing will be held
during the planning period
in coordination with the
Santa Clara County Fair
Housing Consortium. The
first outreach, the West
Valley Housing Resource
Fair, was held on April 21,
2025.

Meetings1 West Valley Housing Resource Fair Flyer
HE-6.2.4 Housing Project
Coordinator
To support the implementation of the
multiple new and expanded housing
programs and policies identified in the
Housing Element, assign a member of
City staff as the housing project
coordinator. This position would assist
with developing outreach programs,
writing and pursing grant applications,
ongoing monitoring of affordable
housing production, preservation and
rehabilitation, coordination between
affordable housing developers, the City,
and partner agencies and tracking
progress on the many initiatives
identified in this Housing Element.

Complete by 2025 6th Cycle Completed
The City hired a Senior
Housing Coordinator, a
dedicated staff member to
enact policies of the
Housing Element.

Complete as of June 2024.

The City hired an Assistant
Housing Coordinator to
further these efforts on
October 2025.

Persons2 Nicky Vu Hire Letter, Evelin Meza Hire Letter
Policy HE-7.1
The Cupertino community places a high
value on the excellent quality of education
provided by the three public school districts
that serve residents. To ensure the longterm sustainability of the schools, teachers, and faculty, in tandem with the preservation
and development of vibrant residential
areas, the City will continue to coordinate
with the Cupertino Union School District
(CUSD), Fremont Union High School
District (FUHSD), and Santa Clara Unified
School District (SCUSD)
Ongoing 6th Cycle Continuous
Staff will continue to
coordinate with local school
districts by forwarding
development projects for
comment and review.

Ongoing.

Other1 Outreach Master List
Policy HE-7.2
Coordinate efforts with regional
organizations, including Association of Bay
Area Governments (ABAG) and the Bay
Area Air Quality Management District
(BAAQMD), as well as neighboring
jurisdictions, to address housing and
related quality of life issues (such as air
quality and transportation).

Ongoing 6th Cycle Continuous
Staff will continue to
coordinate with regional
organizations such as
Association of Bay Area
Governments, the
Metropolitan Transportation
Commission, Regional
CDBG/Housing Coordinators
Group, and the Santa Clara
County Planning
Collaborative, to address
housing and related quality
of life issues. Ongoing.

Other1 2025 Santa Clara County Planning
Collaborative Agreement
Policy HE-7.3
Promote public-private partnerships to
address housing needs in the community,
especialy housing for the workforce.

Ongoing 6th Cycle Continuous
Staff will continue to promote
public-private partnerships to
address workforce housing
needs by engaging local
employers and private
organizations. Ongoing.

Other1 Outreach Master List
HE-7.3.1 Coordinate with
Outside Agencies and
Organizations
The City recognizes the importance of
partnering with outside agencies and
organizations in addressing local and
regional housing issues. These may
include, but are not limited to, the
following:

School districts
De Anza College
Housing providers
Neighboring jurisdictions
Association of Bay Area Governments
(ABAG)
Air Quality Management District
Housing Trust Silicon Valley
Santa Clara County Fair Housing
Consortium
Santa Clara County HOME Consortium
Santa Clara County Continuum of Care
(COC)
Housing Authority of Santa Clara County
(HASCC)
Valley Transportation Authority (VTA)
Specifically, the City will meet with these
agencies/organizations periodically to
discuss the changing needs,
development trends, alternative
approaches, and partnering
opportunities.

Ongoing as neccesary 6th Cycle Continuous
Staff will continue to meet
with local and regional
agencies as neccesary
throughout the planning
period to ensure
consistency, integration,
and best praticies are
employed in city actions in
relation to larger scale
efforts. The City continues
to regularly meet with and
collaborate with other
regional and local
jurisdictions through the
following groups: the
Association of Bay Area
Governments, the Santa
Clara County Planning
Collaborative, the Santa
Clara County HOME
Consortium, the Santa
Clara County PLHA
Consortium, the Regional
CDBG/Housing
Coordinators Group, the
West Valley
Housing/Unhoused
Collaboration, and the
Inter-City Unhoused
Response Collaborative.

Ongoing.

Other1 2025 Santa Clara County Planning
Collaborative Agreement
HE-7.3.2 Coordination with
Local School Districts
To ensure the long-term sustainability of
public schools, teachers, and faculty, in
tandem with the preservation and
development of vibrant residential
areas, the City will coordinate biennially
with the local school districts and
colleges to identify housing needs and
concerns. The City will discuss potential
partnerships for affordable housing
developments for school district
employees and college students,
including on school district properties,
on a biannual basis. Depending on the
outcome of these discussions with
school districts and college leadership,
the City will notify districts and partner
developers about relevant funding
opportunities as they become available,
coordinate technical assistance on grant
applications and offer other incentives.

Outreach biennially 6th Cycle Continuous
Staff will conduct biennial
outreach to local school
districts to solicite
feedback on the emerging
needs of teacher and
student housing and to
identify new opportunities
as they become available.

On April 15, 2025, the City
awarded $1,083,200 to the
Wolfe Rd Educator
housing project, which is
planned to produce 101
units of mixed-income
housing for school district
employees. In 2025, city
housing staff have
produced an outreach list
for local schools and
school districts, and will
utilize the list for
promoting student and
teacher housing
opportunities as they
come available.

Other 2 City of Cupertino 2025-2030 Consolidated
Plan, Outreach Master List
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 01/31/2023 - 01/31/2031
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

Extremely LowIncome+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community- development/docs/adequate-sites-checklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an optional field
Reporting Period 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 00 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA 457
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Jurisdiction Cupertino
Reporting Period 2025
(Jan. 1 - Dec.
31)
Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in
the Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting 458
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Jurisdiction Cupertino Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation formulas
Designation Size Notes
1 23 4 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 357-11-030 10301 Byrne Avenue Residential 1 Surplus Land 0.3 Property surplused 7/7/2023.

NOTE: This table must contain an inventory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
Units
(Beds/Student
Capacity)
Notes
23 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government
Code65915(b)(1)(F)
Annual Progress Report January 2020
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2025 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 01/31/2023 - 01/31/2031 Yes Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. ur-City/Departments/Community-Development/Housing/BMR-Program-Overview#docaccess-eeb1f8ae5590957c680f3930c672b755af9a30 Last updated June 17, 2025
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Jurisdiction Cupertino Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation formulas
Size Notes
34 APN Street Address/Intersection Date of Designation Designation Level Historic Site Period Areas of Significance Parcel Size (in acres) Notes Summary Row:

Historical Resources
Parcel Identifier
1 Designation
2 NOTE: This table needs to be completed with any sites within your jurisdiction that were newly added to a National, State, or Local register of historic places within the reporting year. If none, leave blank.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table L
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Jurisdiction Cupertino
Reporting Year 2025 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 4
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 1
21 28
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 17
Deed Restricted 0
Non-Deed Restricted 18
Deed Restricted 1
Non-Deed Restricted 18
57 111
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 14
Deed Restricted 0
Non-Deed Restricted 14
Deed Restricted 0
Non-Deed Restricted 14
60 102
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Acutely Low
Extremely Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Acutely Low
Extremely Low
Acutely Low
Extremely Low

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ -
Task Status
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public
ANNUAL PROGRESS REPORT MEMO – 2025 REPORTING YEAR
01/16/2026
To: All California Cities and Counties
From: Planning and Land Use Team, Governor's Office of Land Use and Climate Innovation RE: General Plan Annual Progress Report Guidance
The Governor’s Office of Land Use and Climate Innovation (LCI) -- formerly the Governor’s Office of Planning and Research (OPR) -- has updated its Annual Progress Report (APR) guidance for reporting year 2025 to streamline the submission process and minimize resources spent by jurisdictions. Please review the updates to LCI’s guidance listed below.

Updates:
1) LCI will now only be collecting APR submissions via online form. Please submit via: our online form.
2) LCI strongly recommends planning agencies follow the format, guidance, and submission instructions as described in this document. In instances in which these instructions are not followed, LCI reserves the right to request a planning agency to resubmit an APR in the manner requested.

If you have any questions, please contact the Planning and Land Use team at [email protected]. 464
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public

BACKGROUND
ANNUAL PROGRESS REPORTS (APRs)
Government Code Section 65400 and 65700 mandates that all cities and counties submit an annual report on the status of the General Plan and progress in its implementation to their local legislative bodies, LCI, and the Housing and Community Development (HCD) by April 1 of each year. This guidance allows flexibility so jurisdictions can account for their local contexts, resources, and constraints.

Please note, jurisdictions are required to submit APRs to HCD to report on progress relevant to their Housing Element, and to LCI for progress related to their General Plan. This guidance only reflects requirements for LCI’s APR. Jurisdictions can find HCD guidance here.

PURPOSE OF THE APR
The APR provides local legislative bodies and the public with information regarding the implementation of the General Plan for their city or county. APRs also inform the public of the progress in meeting the community’s goals.

APRs must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. Therefore, the APR should provide enough information for decision-makers to assess how the General Plan was implemented during the 12-month reporting period, either calendar year or fiscal year. More specifically, APRs should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan. The APRs should provide enough information to identify necessary "course adjustments" or modifications to the General Plan and means to improve local implementation.
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public

HOUSING ELEMENT APR
State law requires that all General Plans include a Housing Element that provides a plan for accommodating future housing production needs. State law further requires that all cities and counties create an APR that describes that community’s progress toward implementing their Housing Element. The Housing Element APR must be delivered to LCI and HCD by April 1 of each year and must cover the previous calendar year1. Effective 2019, all jurisdictions, including charter cities, must submit a General Plan APR and Housing Element APR. Updated instructions and standardized forms for submitting the Housing Element APR can be found at the following HCD website: (https://www.hcd.ca.gov/annual-progress-reports).

The Housing Element APR fulfills statutory requirements to report certain housing information, including: the local agency's progress in meeting its share of regional housing needs (i.e., applications, entitlements, permits, and certificates of occupancy), certain rezoning activities, actions taken towards completion of housing element programs, and local efforts to remove governmental constraints to the development of housing (Government Codes Sections 65584.3(c) and 65584.5(b)(5)).

HOW THE STATE USES THE GENERAL PLAN APR and HOUSING ELEMENT APR The General Plan APR allows LCI to identify statewide trends in land use decision-making and how local planning and development activities relate to statewide planning goals and policies.

APRs may also inform future modifications to LCI’s General Plan Guidelines and other technical advisory documents. In addition, LCI can track progress on a local jurisdiction's comprehensive General Plan update using the information provided in the APR. Similarly, the Housing Element APR allows HCD to track the progress of the implementation of a jurisdiction’s Housing Element and requires its submission as a threshold requirement for several state housing funding programs.
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public

FORMAT GUIDANCE
LCI strongly encourages following the recommendations described below. Reporting on planning activities related to the General Plan is required even when a city or county may be undertaking a General Plan comprehensive update. Therefore, the status of these activities should still be reported to local legislative bodies and to both LCI and HCD.

General Contents
Each jurisdiction should determine what locally relevant issues are important to include in the General Plan APR. The following are suggested contents for the report:

1. Introduction.

2. Table of Contents.

3. Date of presentation/acceptance by the local legislative body (agenda item or resolution).

4. The date of the last update to the General Plan2.

5. Measures associated with the implementation of the general plan with specific reference to an individual element.

6. Housing Element APR reporting requirements – Each jurisdiction is required to report certain housing information in accordance with state housing law (refer to Government Code Sections 65400, 65583, and 65584) and HCD's Housing Element guidelines (see https://www.hcd.ca.gov/community-development/annual-progressreports.shtml or email [email protected] for more information).

7. The degree to which the General Plan complies with LCI’s General Plan Guidelines, including environmental justice considerations, collaborative planning with military lands and facilities, and consultation with tribal communities.

8. Priorities for land use decision-making that have been established by the local legislative body (e.g., the passage of moratoria or emergency ordinances). 467
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public

9. Goals, policies, objectives, standards, or other plan proposals that need to be added or were deleted, amended or otherwise adjusted.

10. One or more lists of the following, including reference to the specific general plan element or policy, status (i.e., approved/denied, initiated/ongoing/completed, etc.), and a brief comment on how each advanced the implementation of the General Plan during the past year:
a. Planning activities initiated – These may include but are not limited to, master plans, specific plans, master environmental assessments, annexation studies, and other studies or plans.
b. General Plan amendments3 – These may include agency-driven as well as applicant-driven amendments.
c. Major development applications processed.

Additional Content
The following are additional suggestions to make the APR a more comprehensive tool for illustrating planning and development activities within the jurisdiction. Some jurisdictions may not have the resources to address them annually. However, they are mentioned here as examples of how some jurisdictions have effectively incorporated other types of information into their APRs. Cities and counties may incorporate this information into their APRs, where available and as deemed appropriate.

1. Review of:
a. Interagency or intergovernmental coordination efforts and identify areas for improvement. This may include participation in a regional blueprint or partnerships with state or federal programs.
b. The implementation of mitigation measures from the General Plan Final Environmental Impact Report or Negative Declaration.
c. Equity planning considerations of the General Plan, such as impacts on particular ethnic or socioeconomic population groups (i.e., environmental justice issues).

2. Summarize efforts to:
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public
a. Promote infill development, reuse, and redevelopment particularly in underserved areas while preserving cultural and historic resources. b. Protect environmental and agricultural resources and other natural resources. c. Encourage efficient development patterns.

3. Describe the jurisdiction's strategy for:
a. Economic development – Depending on the needs of your jurisdiction, this analysis could include information on the ratio of jobs to dwelling units, tax revenues, demographics, census information, etc.
b. Monitoring long-term growth – For example: population growth, employment growth, land use development, and the provision of adequate supporting public services and infrastructure.

4. Other actions:
a. Outline department goals, objectives, activities, and responsibilities, as they relate to land use planning.
b. Perform a regional or sub-regional outlook of population growth, housing, job generation, and other socioeconomic trends.
c. Summarize the comments of other boards and commissions on the general plan implementation.
d. Identify and monitor customer service improvements and methods to encourage public involvement in planning activities.
e. Review and summarize grant administration for land use planning activities. f. Provide a technology review such as the implementation of Geographic Information Systems (GIS) or the establishment of websites.

Submission Instructions
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public
Jurisdictions must submit a General Plan and Housing Element APR to both LCI and HCD by April 1. If an agency does not follow the instructions listed, LCI reserves the right to request a resubmittal of the APRs.

Submitting the General Plan APR
To LCI: LCI will only accept General Plan APRs via the General Plan Annual Progress Report (APR) Submission Form.Use this online form to submit the 2025 General Plan APRs.

The form asks the following questions:

1. Appropriate contact information (name, department, email, phone number)

2. Agency and jurisdiction information (agency name, website, name of planning director or equivalent, title of planning director or equivalent, email, phone, street address)

3. Jurisdiction type (city, county, city/county)

4. Name of jurisdiction (city name, county name)

5. Reporting period type of General Plan APR being submitted (fiscal or calendar)

6. Reporting period of General Plan APR being submitted

7. Date of presentation or acceptance of GP APR to local legislative body. Planned dates are acceptable as well.

8. Resubmittal (yes, no)

9. Reporting period of resubmittal

10. Required element update information (initial adoption year, adoption of most recent update, [optional] expected adoption year of update in progress, [optional] launch year of intended update)

11. General Plan APR Submission (as a file or as a hyperlink—NOT GOOGLE DOCS OR

DROPBOX)

12. Housing Element APR Submission (as a file or as a hyperlink—NOT GOOGLE DOCS

OR DROPBOX)
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public

13. OPTIONAL Feedback questions to rate GP APR process effectiveness, provide written feedback, share about data gaps faced by the jurisdiction, provide links to jurisdictions’ land use maps, municipal code, and any additional planning mechanisms used to implement the General Plan
 The General Plan APR should be in Microsoft Word (doc, docx) or PDF format, and submitted as one file. Please note, agencies should also be cognizant of the 16 MB file size limit.

If you are unable to upload the General Plan APR, LCI will accept hyperlinks to your website where the APR is posted. Please note, LCI is unable to accept Google Doc and Dropbox hyperlinks.

After completing the form, agency staff will see a confirmation message at the end. Please take a screenshot of this message for your own records.

To HCD: A copy of the General Plan APR should also be submitted through the HCD APR online portal. To access the online system, email [email protected] and request login information for your jurisdiction. An APR can also be emailed as an attachment in an MS Office application or PDF to [email protected].

Submitting the Housing Element APR
To HCD: HCD prefers the submittal of the Housing Element APR Excel workbook through its online portal system. Agencies can also submit the Housing Element APR via email to [email protected] with an attached Excel workbook. Do not send a scanned or PDF version of the form via the portal or email. For emailed Housing Element APRs, HCD will email a confirmation receipt within two weeks of submission.
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State of California
Governor’s Office of Land Use & Climate Innovation
1400 10th Street. Sacramento, California, 95814
[email protected]| lci.ca.gov
Governor Gavin Newsom Director Sam Assefa
LCI - Public
To LCI: Agencies should submit the same Housing Element APR Excel workbook screenshot to LCI in the appropriate question window, via the same online form as the GP APR.

Please note, submitting the Housing Element APR to HCD will count as submission to both agencies. LCI does not certify the accuracy of the submission of the Housing Element APR to HCD or LCI.
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CITY OF CUPERTINO
Agenda Item
26-14754 Agenda Date: 3/17/2026
Agenda #: 8.

Subject: Award a construction contract for roofing system repairs at Quinlan Community Center and Sports Center to Roofing & Solar Construction, Inc. in the amount of $650,000; Authorization of construction contingency amount of $65,000 (10%) for a total contract amount of $715,000.

1. Approve the award of construction contract for the Sports Center and Quinlan Community Center Roofing System Replacement Project in the amount of $650,000 to Roofing & Solar Construction, Inc.;

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

3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $65,000 (10%) for a total contract amount of $715,000.

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PUBLIC WORKS DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3354
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: March 17, 2026
Subject
Award a construction contract for roofing system repairs at Quinlan Community Center and Sports Center to Roofing & Solar Construction, Inc. in the amount of $650,000; Authorization of construction contingency amount of $65,000 (10%) for a total contract amount of $715,000.

Recommended Action

1. Approve the award of a construction contract for the Sports Center and Quinlan Community Center Roofing System Replacement Project in the amount of $650,000 to Roofing & Solar Construction, Inc.;

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

3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $65,000 (10%) for a total contract amount of $715,000.

Background
The City of Cupertino regularly evaluates the condition of its public facilities to ensure they remain safe, functional, and capable of supporting community programming. Recent assessments have identified the need to repair several aging roofing systems at key City buildings, including the Cupertino Sports Center and the Quinlan Community Center.

The Cupertino Sports Center, originally built in 1977 and significantly remodeled in 2003, is a recreation hub offering fitness programs and sports activities. Over time, the building’s roofing system has deteriorated, resulting in recurring leaks that affect both operations and interior conditions. These conditions have affected operations, increased maintenance demands, and pose a risk of further damage if not addressed. A new roofing system is necessary to ensure continued functionality and to protect the facility’s assets.

The Quinlan Community Center, constructed in 1989, supports a wide range of recreation classes and community rentals. The building’s roof includes clay tile sections as well as built-up roofing at areas requiring roof access. While the clay tile areas remain in serviceable condition, the built-up roofing system has surpassed its useful life and shows signs of significant wear. 474
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The proposed project is not a complete roof replacement, but only replacement of the roofing membranes at both facilities, which are necessary to protect the structures, maintain safe maintenance access, and ensure uninterrupted delivery of community services.

Reasons for Recommendation
On January 12, the City publicly advertised the Project and posted the bid documents on the City’s website at https://apps.cupertino.org/bidManagement/index.aspx. Staff held a nonmandatory pre-bid meeting on January 21, and seventeen (17) contractors attended the meeting.

On February 5, 2026, thirteen (13) bids were received:

Bidder Bid Amount
Pacific Polymers, Inc. dba American Foam
Expert
$549,280.00
Roofing and Solar Construction, Inc. $650,000.00
Alcal Specialty Contracting, Inc. $695,560.00
Diablo Roofing, Inc. $876,600.00
Stronger Building Services $920,500.00
Pioneer Contractors $924,000.00
I & A Contractor Inc. $998,500.00
Andy's Roofing Company, Inc. $1,005,900.00
San Francisco Roofing Services, Inc. $1,044,700.00
Brazos Urethane, Inc. $1,140,227.00
Best Contracting Services, Inc. $1,158,444.00
Waterproofing Associates, Inc. $1,171,182.00
Roofing Constructors Inc. dba Western Roofing
Services
$1,256,340.00
Engineer’s Estimate: $660,000
The Department of Public Works reviewed the bids for completeness, responsiveness, and compliance with bid specifications. The apparent low bid received from Pacific Polymers, Inc. dba American Foam Experts, was deemed to be non-responsive because their contractor’s license was suspended at the time bids they submitted their bid. The California Contractor’s State License Board requires contractors to have a valid license when submitting the bid. The apparent second low bid was from Roofing and Solar Construction, Inc., which was deemed to be the lowest responsive and responsible bid per the Instruction to Bidders and Cupertino Municipal Code.

Roofing and Solar Construction, Inc. has the experience and qualifications to complete the project. The company has completed similar roofing system replacement projects for San Jose Unified School District, Contra Costa Water District and City of Alameda. Based on the contractor’s experience and performance and referenced agencies’ feedback, staff recommend awarding the construction contract (Attachment A) to Roofing & Solar Construction, Inc. in the amount of $650,000 and include a 10% construction contingency in the amount of $65,000, for a 475
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total contract amount not to exceed $715,000. Construction contingency covers costs that could be incurred due to unforeseen circumstances and is a typical contracting best practice.

A draft construction contract is included as Attachment A while the full project specifications can be found on the City’s Business Opportunities website at https://apps.cupertino.org/details/830.

Sustainability Impact
The project specifications require the use of a PVC membrane roofing system which offers several sustainability benefits, including that PVC membranes are reflective and help reduce energy use. Additionally, their long service life means fewer replacements over time, lowering material consumption, waste, and cost.

Fiscal Impact
Award of this contract will result in a fiscal impact of up to $715,000. Sufficient funds are budgeted at 420-99-063 900 905. No additional appropriations are needed.

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

Quality of Life
California Environmental Quality Act
This project is categorically exempt from CEQA.
_____________________________________
Prepared by: Jimmy Tan, P.E., Assistant Director of Public Works Reviewed by: Chad Mosley, P.E., Director of Public Works Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Contract
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Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”) and Roofing & Solar Construction, Inc. (“Contractor”), for work on the Sports Center and Quinlan Community Center Roof Replacement Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On March 17, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

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

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following:
________________________________________________________________________ _____________________________________.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $650,000 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $500 per day for each day of unexcused delay in achieving Final Completion, and such 477
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liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
408-777-3269
Attn: Jimmy Tan, P.E.
[email protected]
Copy to:
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Contractor:

Name Roofing & Solar Construction, Inc.

Address 630 Hunter Lane
City/State/Zip Santa Rosa, CA 95404
Phone 415-606-0314
Contact name Cassy Fabiani
Contact email address [email protected]
CC Contact name
CC Contact email address

12. General Provisions.

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

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

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

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

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

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

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

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.

If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.
[Signatures are on the following page.]
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The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________

Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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CITY OF CUPERTINO
Agenda Item
26-14897 Agenda Date: 3/17/2026
Agenda #: 9.

Subject: Award a construction contract for the 2025 Concrete Reconstruction Project to Villalobos & Associates, Inc. for removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps in the amount of $1,105,202.14; Authorize construction contingency to allow for unforeseen conditions in the amount of $110,520.21 (10%) for a total contract amount of $1,215,722.35.

1. Award a construction contract for the 2025 Concrete Reconstruction Project (project number 2025- 103) in the amount of $1,105,202.14 to Villalobos & Associates, Inc.;

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

3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $110,520.21 (10%) for a total contract amount of $1,215,722.35.

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PUBLIC WORKS DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3354
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: March 17, 2026
Subject
Award a construction contract for the 2025 Concrete Reconstruction Project to Villalobos & Associates, Inc. for removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps in the amount of $1,105,202.14; Authorize construction contingency to allow for unforeseen conditions in the amount of $110,520.21 (10%) for a total contract amount of $1,215,722.35.

Recommended Action
1) Award a construction contract for the 2025 Concrete Reconstruction Project (project number 2025-103) in the amount of $1,105,202.14 to Villalobos & Associates, Inc.; 2) Authorize the City Manager to execute the construction contract when all conditions have been met; and
3) Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $110,520.21 (10%) for a total contract amount of $1,215,722.35.

Background
On January 19, 2026 the City of Cupertino advertised the 2025 Concrete Reconstruction Project.

This project consists of the removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps. On February 12, the City received the following bids Bidder Bid Amount
Engineers Estimate $1,234,239.17
Villalobos & Associates, Inc. $1,105,202.14
J.J.R Construction Inc. $1,169,728.00
Duran Construction Group $1,179,332.00
JMS Cement Contractor Inc. $1,210,152.10
Rapid Grading Services $1,260,569.12
Spencon Construction $1,269,492.00
Mckim Corporation $1,451,189.11
FBD Vangaurd Construction Inc $1,800,813.00
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Reasons for Recommendation and Available Options
The Public Works Department reviewed all bids for completeness and found Villalobos & Associates, Inc. documents complete. It was confirmed that the contractor’s experience and qualifications were responsive, and staff determined the bid to be the lowest responsive and responsible bid per the Instruction to Bidders and Cupertino Municipal Code Section 3.23.

Therefore, staff recommends awarding a construction contract to Villalobos & Associates, Inc for the contract amount of $1,105,202.14, including a 10% construction contingency in the amount of $110,520.21 for a total contract amount not to exceed $1,215,722.35. Construction contingency allows for unforeseen conditions and is a typical contracting best practice. The bid amount was also below the Engineer’s Estimate.

A draft construction contract is included as Attachment A while the full project specifications can be found on the City’s Business Opportunities website at:
https://apps.cupertino.org/details/831.

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

Fiscal Impact
Award of this contract will result in a fiscal impact of up to $1,215,722.35. Sufficient funds are budgeted in the Annual Sidewalk Curb & Gutter fund (270-85-820 750 020). No additional appropriations are needed.

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

Quality of Life
California Environmental Quality Act
This project is exempt under CEQA Guidelines Sections 15301(c) (repair and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities).
_____________________________________
Prepared by: Aldo Corral, Public Works Inspector
Reviewed by: Chad Mosley, P.E., Director of Public Works Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Contract
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Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”) and Villalobos & Associates Inc. (“Contractor”), for work on the 2025 Concrete Reconstruction (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On March 17, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

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

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following:
________________________________________________________________________ _____________________________________.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,105,202.14 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 180 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
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7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
408-777-3269
Attn: Aldo Corral
[email protected]
Copy to:
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Contractor:

Name Villalobos & Associates Inc.

Address 7810 Monterey St. Ste. B
City/State/Zip Gilroy, CA 95020
Phone 408.426.1274
Contact name Tranquilino Villalobos
Contact email address [email protected]
CC Contact name
CC Contact email address

12. General Provisions.

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

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

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

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

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

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

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

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.

If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.
[Signatures are on the following page.]
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The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________

Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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CITY OF CUPERTINO
Agenda Item
26-14889 Agenda Date: 3/17/2026
Agenda #: 10.

Subject: Follow-Up Analysis of Potential Revenue Ballot Measure Options (Continued on February 19, 2026) Receive the follow-up analysis regarding potential revenue ballot measure options and provide direction to staff regarding further evaluation or pursuit of tax ballot measures for potential revenue measures, including business license tax restructuring, Utility Users Tax considerations, and local sales tax options.

CITY OF CUPERTINO Page 1 of 1 Printed on 3/12/2026
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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
Date: March 17, 2026
Subject
Follow-Up Analysis of Potential Revenue Ballot Measure Options Recommended Action
Receive the follow-up analysis regarding potential revenue ballot measure options and provide direction to staff regarding further evaluation or pursuit of tax ballot measures for potential revenue measures, including business license tax restructuring, Utility Users Tax considerations, and local sales tax options.

Background
On February 19, 2026, the City Council received a staff report discussing potential revenue ballot measure options and possible placement of a measure on the November 2026 ballot. The report presented several revenue tools analyzed by the City’s consultant, HdL Companies, including a Transactions and Use Tax (sales tax), Business License Tax modifications, a Vacancy Tax, and a Parcel Tax.

At that meeting, the City Council requested further analysis of business tax, Utility Users Tax (UUT), and sales tax options; to evaluate reductions to the Capital Improvement Program (CIP) budget and staffing; and measures to enhance Cupertino’s business competitiveness.

Revenue Options for Council Consideration
This report provides information in response to Council’s direction on February 19 and outlines several fiscal considerations that may inform Council’s discussion regarding potential revenue measures in greater detail.

Utility Users Tax (UUT)
A Utility Users Tax (UUT) is a locally imposed tax on the consumption of utility services such as electricity, gas, telecommunications, cable television, and other utility services. The tax is typically calculated as a percentage of a customer’s utility bill and is collected by service providers and remitted to the City.

Cupertino currently imposes a 2.4% Utility Users Tax on telephone, electricity, and gas utilities, which is scheduled to sunset in 2030. The City also provides a Utility Users Tax exemption for qualifying senior residents, which reduces the tax burden for eligible households. According to 489
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HdL’s analysis, approximately 156 cities in California currently levy a UUT, with most rates typically ranging between 4% and 5%.

HdL’s follow-up analysis identified several potential approaches should the City wish to modify or modernize the tax:
- Increase the existing UUT rate
- Extend or remove the sunset provision
- Modernize ordinance language to include additional utilities, such as cable television or technology-neutral telecommunications services
- Expand the tax base to additional utility categories, depending on policy direction Based on HdL’s extrapolation of Cupertino’s most recent UUT revenue:
- The current 2.4% UUT generates approximately $3.9 million annually - Increasing the rate to 4.8% could generate approximately $7.9 million annually HdL also evaluated modernization of the UUT ordinance based on comparable jurisdictions.

Under one scenario, modernizing the tax structure could generate approximately $1.1 million in additional annual revenue, depending on how the tax is structured and which utilities are included. However, revenue potential could range from approximately $343,000 to $4.4 million depending on the policy design
While UUT revenues have historically been relatively stable, HdL notes that the tax is generally considered regressive, as it applies to essential household utilities. Additionally, changes in technology and energy consumption patterns may affect long-term revenue growth.

Transactions and Use Tax (Local Sales Tax)
A Transactions and Use Tax (TUT) is a local sales tax added to the statewide base rate and collected by the California Department of Tax and Fee Administration. The City currently has capacity under the statewide cap to increase its local sales tax rate by up to 0.25%. Sales taxes require majority voter approval if structured as a general tax and would generally take effect on April 1 following a November election.

According to the February HdL analysis:
- A 0.125% increase could generate approximately $2.7 million annually - A 0.25% increase could generate approximately $5.4 million annually - Approximately 28.8% of the revenue is estimated to be generated by non-residents Sales taxes apply broadly to retail purchases of tangible goods such as clothing, furniture, and electronics. However, several categories are exempt from the tax, including groceries, prescription medications, and certain medical devices.

HdL notes that sales taxes have the advantage of generating revenue from non-resident consumers who make purchases within the City, although revenues may fluctuate with economic conditions.

Business License Tax
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Cupertino currently levies a Business License Tax established in 1992, with rates adjusted annually by the Consumer Price Index for the San Francisco/Bay Area Standard Metropolitan Statistical Area, as outlined in Municipal Code Section 5.04.460. While the rates are adjusted annually by CPI, the underlying tax structure has not been significantly updated since 1992.

The following table provides a comparison of the City’s business license revenue per capita in each Santa Clara County city and its primary tax model:

This comparison illustrates that Cupertino’s per capita business license tax revenue is in the lower end of its neighboring jurisdictions.

If Council wishes to pursue restructuring of the Business License Tax, potential approaches could include:
- Adjustments to the rate structure
- Implementation of employee-based or gross receipts-based tiers - Creation of industry-specific tax categories
While a restructuring of the Business License Tax could increase City revenues and align Cupertino more closely with certain neighboring jurisdictions, it may also have implications for the City’s business climate. Increasing business taxes could be perceived as contrary to the City’s goal of maintaining a business-friendly environment and supporting economic competitiveness.

As such, any potential modifications to the Business License Tax would need to be carefully evaluated in the context of the City’s broader economic development objectives. Additional considerations related to maintaining and enhancing Cupertino’s competitiveness as a place to do business are discussed further in the Business Competitiveness Considerations section below.

City Amount Primary Model[1]
Cupertino $14.19 Square footage
Campbell $15.58 Employees/rental units
Gilroy $14.98 Gross receipts/Rental units
Los Altos $15.46 Employees/rental units
Los Altos Hills $26.91 Flat Fee
Los Gatos $46.36 Gross receipts
Milpitas $4.25 Employees/rental units
Monte Sereno $6.78 Flat Fee
Morgan Hill $8.30 Employees/rental units
Mountain View $66.82 Employees
Palo Alto $80.93 Square footage
San Jose $88.66 Employees/rental units
Santa Clara $37.51 Employees/rental units
Saratoga $17.07 Employees/rental units
Sunnyvale $12.57 Employees/rental units
Comparison of Per Capita Business License Tax and Fee Revenue [1] Note the business license model in each city can vary depending on the type of business 491
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CIP and Staffing Considerations
Council also directed staff to evaluate potential reductions to the Capital Improvement Program (CIP) budget and staffing levels.

On March 3, 2026, the City Council approved the proposed Capital Improvement Program (CIP). However, the CIP will return to Council in June as part of the FY 2026–27 Proposed Operating Budget for final approval. At that time, Council will have the opportunity to evaluate whether any existing projects should be postponed, phased, or cancelled as part of broader fiscal considerations.

Additionally, staff is currently evaluating the City’s staffing needs and operational priorities as part of the development of the FY 2026–27 Proposed Budget. Staff is working to identify potential efficiencies and cost containment measures while seeking to minimize impacts to core services provided to the community.

As part of this process, staff is continuing to monitor the City’s fiscal outlook, including the potential impact of the proposed Sheriff’s contract increase, which remains under negotiation with Santa Clara County. Staff will continue evaluating available options and will provide additional information and recommendations through the upcoming budget process as more clarity becomes available regarding the City’s long-term financial obligations.

Business Competitiveness Considerations
In addition to evaluating revenue measures, Council requested analysis regarding ways to enhance Cupertino’s business competitiveness.

Potential considerations may include:
- Ensuring tax structures remain competitive relative to neighboring jurisdictions - Reviewing development review timelines and permitting efficiency - Evaluating targeted incentives for key commercial sectors - Supporting economic development strategies that expand the City’s tax base Staff will continue coordinating with the Economic Development and Community Development teams to evaluate potential policy approaches.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If Council directs staff to proceed with development of a ballot measure, the following approximate costs are anticipated:
- Consultant services for polling, public outreach, legal review, ballot language development, and strategic advisory services: approximately $150,000 to $200,000 based on initial discussions with multiple firms; and
- Estimated County of Santa Clara costs to place the measure on the November 2026 ballot:
approximately $150,000, based on historical costs.
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These estimates are preliminary and would be refined prior to returning to Council with a consultant agreement. There may also be opportunities for cost efficiencies, as the City is currently pursuing a parkland ballot measure and may be able to utilize the same consultant should Council wish to pursue a tax ballot measure, potentially reducing overall consulting costs.

City Work Program (CWP) Item/Description
None
City Council Goal
Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jonathan Orozco, Acting Director of Administrative Services and City Treasurer Reviewed by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Revenue Enhancement Opportunities
B – Revenue Tax Measure (2026.02.19)
C – Revenue Enhancement Opportunities Report (02.2026)
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CITY OF CUPERTINO REVENUE ENHANCEMENT OPPORTUNITIES REPORT – ADDENDUM FOR ADDITIONALLY REQUESTED INFORMATION

BACKGROUND
The City of Cupertino (“City”) is exploring potential revenue enhancement opportunities to raise additional tax revenue. The city retained the services of HdL to prepare a report evaluating various revenue enhancement opportunities. This addendum provides information in response to follow-up questions from the Cupertino City Council.

This addendum provides information requested by the City Council on:
• Utility Users Tax
• Transactions and Use Tax
• Business License Tax

UTILITY USERS TAX
Description
A Utility Users Tax (UUT) may be imposed by a city on the consumption of utility services, including (but not limited to) electricity, gas, water, sewer, telecommunications, sanitation, and cable television and other video services. Covered telecommunications and video services can respectively include VoIP and messaging and streaming when the ordinance language is sufficiently broad and technology neutral. The rate of the tax and the use of its revenues are determined by the city. The rate of tax may also vary by the utilities being taxed. For example, a city may choose to tax some categories of utilities at 6% and others at 4% or not at all. The city may also choose to tax only residential or only commercial customers for each category of utility. The tax is collected by the utility as part of its regular billing cycle and then remitted to the city. Most city UUT levies are general taxes.

Currently, 156 cities in California levy utility users taxes. Across the state, UUT rates vary from one to 11 percent. The typical rate is four to five percent. The City of Cupertino imposes a UUT on telephone, electricity, and gas utilities that will sunset in 2030. Cities with a UUT in Santa Clara County include Cupertino, Gilroy, Los Altos, Mountain View, Palo Alto, San Jose, and Sunnyvale.

There would likely be an additional administrative expense associated with any change in the tax from increased monitoring of the collection and audit of the UUT.

Implementation Process
Implementation or modification of a UUT requires a ballot measure approved by the residents of the city. Placing a measure on the ballot requires City Council approval with a two-third vote for general purpose funding (4 out of 5 for the City of Cupertino) or a simple majority for special purpose funding. Voter approval of a majority (50% plus 1) is required for general purpose funding and two-thirds for special purpose funding. The tax measure can include a ‘sunset’ of the tax.
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From June 2002 through November 2024, there were 99 measures to increase or adopt a new UUT, of which 34 passed (34%). Of these taxes, 11 were special taxes designated for a specific purpose. Among the 88 general taxes, 12 were accompanied by advisory measures. There were also 93 measures to modernize UUTs, of which 83 passed (89%).

Cupertino could update its UUT by extending or removing the sunset, increasing the rate of the tax or modifying its ordinance language to include water and cable television utility services and technology-neutral definitions of video and telecommunications services.

As described previously, there are many variations as to which users can be taxed, such as residents and/or commercial customers, which categories of utilities it applies to, and what rate applies to each. If the City were to consider an increase or change to its existing UUT, a separate analysis should be conducted. Issues to be analyzed include who should be taxed, which categories of utilities it should apply to, and at what rates.

Collection of the revenue is the responsibility of the various utilities and are remitted to the city on a regular schedule based upon negotiations with the utilities. Any time there is a reliance on an outside agency responsible for collection and remittance there are greater chances of errors. This can be further complicated if there are many variations to the UUT rates.

Pros and Cons
Pros
Depending on the percentage of the tax, UUTs can generate a significant amount of revenue that can be used for general purposes.

Traditionally, UUTs are a dependable and consistent revenue stream. Revenues can increase gradually over time as the cost of the utility rates increase.

Cons
The tax is considered regressive in that the most common utilities taxed include electricity, gas and water which are basic household utilities. The utility rates users pay are based upon consumption. Therefore, the more you use the higher your bill. Property owners or tenants with lower incomes pay a disproportionate percentage of their income on utilities and the UUT.

The tax is on the utility consumption of residents and businesses in the city. Businesses may also choose to pass on the cost of the UUT to their customers in the form of higher prices.

While historically the revenue stream has been consistent, with current and future changes in the availability of some utilities such as water and energy, UUT revenue may become more of a volatile revenue source with greater fluctuations.

Potential Revenue Estimate
Estimating potential revenue can be complex. It depends on the percentage of the tax and the utilities that the city chooses to impose the tax on. This varies from jurisdiction to jurisdiction. In addition, revenues collected by many utilities are proprietary information, 495
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so it is difficult to know exactly the amount of revenue collected by certain utilities. The following revenue estimates reflect Cupertino’s options to increase or broaden its UUT.

Increase Existing UUT Rate – Extrapolation Approach
The City’s current UUT rate is 2.4%. This report estimates additional revenue based upon doubling the rate to 4.8%. The estimates are based upon the actual revenue the City received in the last year for which actual data is available (FY2024). In summary each 1% increase in the UUT could generate approximately $1,639,966 in additional revenue.

Analysis of UUT Revenue Based on Extrapolation of Actual Revenue Tax Rate Estimated Revenue

2.4% (Current Rate) $3,935,918

4.8% (Doubled) $7,871,836
Modernize UUT Ordinance– Extrapolation Approach
One way to estimate potential revenue is to look at one or more peer cities in the region that currently impose the tax, estimate the tax base of their actual revenue on a per capita basis, and extrapolate it for the City of Cupertino’s population based on the City’s current UUT rate of 2.4%. As is demonstrated in the chart below, the tax rates vary from city to city. HdL identified six cities in Santa Clara County with a UUT in addition to Cupertino:

Gilroy, Los Altos, Mountain View, Palo Alto, San Jose, and Sunnyvale. 496
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Utility Users Tax Rate - As of February 2026
County: Santa Clara County
Jurisdiction: Cupertino Gilroy
Los
Altos
Mountain
View Palo Alto San Jose Sunnyvale
Population 58,566 59,004 30,698 83,732 67,237 990,138 154,236 Amount Collected
FY 2024 $3,935,918 $6,563,469 $3,517,437 $7,647,779 $19,012,528 $152,062,539 $10,816,575 Telephone:

Intrastate
Residential

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
Telephone:

Intrastate
Commercial

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
Telephone:

Interstate
Residential

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
Telephone:

Interstate
Commercial

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
Telephone:

International
Residential

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
Telephone:

International
Commercial

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
Telephone:

Wireless
Residential

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
Telephone:

Wireless
Commercial

2.4% 5.0% 3.2% 3.0% 4.75% 5.0% 2.0%
VoIP 4.5% 4.5% 4.5%
Electricity -
Residential 2.4% 5.0% 3.5% 3.0% 5.0% 5.0% 2.0%
Electricity -
Commercial 2.4% 5.0% 3.5% 3.0% 5.0% 5.0% 2.0%
Gas - Residential 2.4% 5.0% 3.5% 3.0% 5.0% 5.0% 2.0%
Gas - Commercial 2.4% 5.0% 3.5% 3.0% 5.0% 5.0% 2.0%
Cable TV -
Residential - 5.0% 3.2%
Cable TV -
Commercial - 5.0% 3.2%
Water -
Residential - 3.5% 5.0%
Water -
Commercial - 3.5% 5.0%
Sewer -
Residential -
Sewer -
Commercial -
Garbage -
Residential -
Garbage -
Commercial -
Source: League of California Cities and California State Controller's Office 497
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The revenue data was reported by cities to the State Controller’s Office (SCO) and therefore was recorded into a common database based on the SCO’s reporting requirements. This is more accurate than drawing the information from each city, each of which may choose different reporting formats, dates, and/or criteria. Of these nearby cities, HdL identified Los Altos as most similar to Cupertino. Their estimated taxable utility spending was extrapolated on a per capita basis to Cupertino based on a 2.4% UUT rate.

Analysis of UUT Revenue Based on Average Per Capita
Description Amount
Total Population of Selected Peer Cities 30,698
Total UUT Revenue of Surveyed Cities $3,517,437
Estimated Utility Spending of Surveyed Cities $109,919,906 Average UUT Per Capita with a 2.4% Rate $86
Cupertino Population 58,566
Potential UUT Revenue based on Average Per Capita $5,032,955 City of Cupertino UUT Revenue $3,935,918
Additional Potential Revenue from UUT Modernization $1,097,037 Based upon the per capita analysis, it is estimated that the city could achieve approximately $1.09 million in additional annual revenue from modernizing its UUT based upon the assumptions in the analysis scenario. However, based on the selected structure, this additional revenue could be between an estimated $343,448 and $4.4 million.

Transactions and Use Tax
Taxable Goods and Services
Sales taxes are applicable to all goods and services subject to the statewide Sales and Use Tax. Retail sales of tangible personal property in California are generally subject to sales tax. Examples of taxable items include furniture, giftware, toys, antiques, and clothing. In addition, some service and labor costs are subject to sales tax if they result in the creation of tangible personal property. Items that are exempt from TUT include certain food products for human consumption (many groceries), sales to the U.S. Government, prescription medicine and certain medical devices, and items paid for with food stamps.1 Breakdown of City Sales Tax Rate
Starting April 1, 2026, the total sales tax rate in Cupertino will be 9.75%. This includes the state base Sales and Use Tax rate of 7.25% and 2.5% in locally administered Transactions and Use Taxes. The state legislature has also authorized an additional 0.5% county-wide add-on exempt from the cap for voter approval in 2026. 1 CDTFA publication 61, Sales and Use Taxes: Tax Expenditures provides a complete overview of exempt sales from Sales and Use Tax and Transactions and Use Tax (Publication). 498
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Tax District
Sales Tax Rate
(Total)
Contribution to 2% Cap
(Total)
Effective Date
(Sunset)
State Base Sales and Use Tax 7.25% - -
Santa Clara County Transit District

0.50%
(7.75%)

0.50% 10/1/1976
Santa Clara County Valley
Transportation Authority

0.50%
(8.25%)

0.50%
(1.0%)
4/1/2006
(2036)
Santa Clara VTA BART Operating and
Maintenance TUT

0.125%
(8.375%)

0.125%
(1.125%)
7/1/2012
(2042)
Santa Clara County Retail TUT

0.125%
(8.5%)

0.125%
(1.25%)
4/1/2013
Silicon Valley Transportation Solutions
Tax

0.50%
(9.0%)

0.50%
(1.75%)
4/1/2017
(2047)
2020 Peninsula Corridor Joint Powers
Board Retail TUT

0.125%
(9.125%) Exempt 7/1/2021
Measure A Santa Clara County Sales
Tax Increase

0.625%
(9.75%) Exempt
4/1/2026
(2031)
Public Transit Revenue Measure District

0.50%
(10.25%) Exempt
2026 Ballot
Measure
(2041)
Distribution of Sales Tax Revenue Collected in the City of Cupertino The City of Cupertino currently only directly receives sales tax revenue from the BradleyBurns locally collected portion of the state base Sales and Use Tax revenue. Some other state funding may pass through to Cupertino. Other local sales taxes are administered by Caltrain, Santa Clara County, and the Santa Clara Valley Transportation Authority. No Santa Clara County taxes are strictly earmarked to any department. 499
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Tax District
Collecting
Agency Purpose Funds Distribution
State Base Sales and Use
Tax
(See the CDTFA website
for more information)

CDTFA -
• 3.9375% - State General Fund
• 0.5% - Local Public Safety Fund
• 0.5% - Local Revenue Fund for health
and social services
• 1.0625% - Local Revenue Fund 2011
• 1% - City of Cupertino
• 0.25% - Santa Clara County
transportation fund
Santa Clara County Transit
District
Santa Clara
Valley
Transportation
Authority
Special 0.5% - Santa Clara Valley Transportation
Authority
Santa Clara County Valley
Transportation Authority
Santa Clara
Valley
Transportation
Authority
Special 0.5% - Santa Clara Valley Transportation
Authority
Santa Clara VTA BART
Operating and Maintenance
TUT
Santa Clara
Valley
Transportation
Authority
Special 0.125% - Santa Clara Valley
Transportation Authority
Santa Clara County Retail
TUT
Santa Clara
County General 0.125% - Santa Clara County
Silicon Valley
Transportation Solutions
Tax
Santa Clara
Valley
Transportation
Authority
Special 0.5% - Santa Clara Valley Transportation
Authority
2020 Peninsula Corridor
Joint Powers Board Retail
TUT
Caltrain Special 0.125% - Caltrain
Measure A Santa Clara
County Sales Tax Increase
Santa Clara
County General 0.625% - Santa Clara County
Public Transit Revenue
Measure District
Public Transit
Revenue
Measure
District
General
To be prescribed – Caltrain, San Francisco
Bay Area Rapid Transit District, San
Francisco Municipal Transportation
Agency, San Mateo County Transit District,
Santa Clara Valley Transportation
Authority
Explanation of Santa Clara County Measure A
Santa Clara County voters approved Measure A to impose a 0.625% county-wide Transactions and Use Tax in 2025 for general use of funds. The tax will go into effect April 1, 2026, for five years. This will bring the total sales tax rate in Cupertino to 9.75%.

The purpose of the tax is to generate general revenue for the County. Although the County can choose to allocate revenue as it deems appropriate, the stated purpose is to cover 500
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funding-cuts resulting from U.S. H.R.1 (2025-2026). This funding is intended to be used for healthcare and other county services, such as food assistance, behavioral health care, homelessness services and public safety, but there is no mandated distribution of funds.

Business License Tax
The City of Cupertino imposes a Business License Tax. This tax is based on the type of business and square footage of any floor area, less fifteen percent.

HdL reviewed business license tax and fee models for Santa Clara County and all fifteen of its incorporated cities. An overview of the associated revenue per capita in each city and its business license tax model is included below.

Comparison of Per Capita Business License Tax and Fee Revenue City Amount Primary Model2
Cupertino $14.19 Square footage
Campbell $15.58 Employees/rental units
Gilroy $14.98 Gross receipts/Rental units
Los Altos $15.46 Employees/rental units
Los Altos Hills $26.91 Flat Fee
Los Gatos $46.36 Gross receipts
Milpitas $4.25 Employees/rental units
Monte Sereno $6.78 Flat Fee
Morgan Hill $8.30 Employees/rental units
Mountain View $66.82 Employees
Palo Alto $80.93 Square footage
San Jose $88.66 Employees/rental units
Santa Clara $37.51 Employees/rental units
Saratoga $17.07 Employees/rental units
Sunnyvale $12.57 Employees/rental units
Source: California State Controller's Office
The revenue data was reported by cities to the State Controller’s Office (SCO) and therefore was recorded into a common database based on the SCO’s reporting requirements. This is more accurate than drawing the information from each city, each of which may choose different reporting formats, dates, and/or criteria.

City Model Based Rate Approach
HdL extrapolated business license tax and fee revenue from each city in Santa Clara County to Cupertino on a per capita basis. It is important to keep in mind that variation in 2 Note the business license model in each city can vary depending on the type of business 501
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revenue will be impacted by the number and mix of businesses and the business type tax rates for individual cities.

Analysis of Business License Tax and Fee Revenue Based on Average Per Capita
City
Population Adjusted Business License
Tax and Fee Revenue
Additional Potential
Revenue
Campbell $912,254 $80,933
Gilroy $877,251 $45,930
Los Altos $905,354 $74,033
Los Altos Hills $1,575,871 $744,550
Los Gatos $2,715,122 $1,883,801
Milpitas $248,634 ($582,687)
Monte Sereno $397,169 ($434,152)
Morgan Hill $486,209 ($345,112)
Mountain View $3,913,637 $3,082,316
Palo Alto $4,739,552 $3,908,231
San Jose $5,192,437 $4,361,116
Santa Clara $2,196,989 $1,365,668
Saratoga $999,680 $168,359
Sunnyvale $736,299 ($95,022)
Based upon the per capita analysis and assumptions in the analysis scenario, it is estimated that Cupertino could achieve between $45,930 - $4.3 million in additional revenue from adoption of a business license tax model from a nearby city in Santa Clara County. This depends on the selected model and its applicability to Cupertino. 502
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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
Date: February 19, 2026
Subject
Consider Potential November 2026 Revenue Ballot Measure Recommended Action
Receive information regarding potential revenue ballot measure options and provide direction on pursuing placement of a measure on the November 2026 ballot.

Background
In December 2023 and February 2024, Council considered potential revenue-generating ballot measures but ultimately directed staff to forego placement of a 2024 measure due to timing and competing priorities.

Since that time, new fiscal pressures have emerged that warrant revisiting this discussion. Most notably, the County has proposed a 36% increase to the City’s Sheriff’s contract beginning in FY 2026-27. If implemented as proposed, this increase would materially impact the City’s long-term financial outlook and is projected to create an ongoing structural deficit absent offsetting revenue or expenditure adjustments. While negotiations are ongoing and final figures are not yet confirmed, the magnitude of the proposed increase has prompted staff to reexamine potential revenue options to ensure the City remains fiscally sustainable over the long term.

On January 13, 2026, Council revisited tax revenue ballot measure options considering updated fiscal forecasts and emerging structural cost pressures. Council emphasized the need to:
- Demonstrate fiscal necessity;
- Prioritize renewal of existing revenue sources (particularly the Utility Users Tax); - Explore revenue options that distribute impact beyond residents; and - Carefully evaluate feasibility and implementation complexity.

Reasons for Recommendation and Available Options
The City competitively selected HdL Companies (“HdL”) through a Request for Quote process to assist with an analysis of potential revenue tax measures. HdL produced the Revenue Enhancement Opportunities Report (February 2026), as Attachment A, that evaluates five potential revenue tools:
- Vacancy Tax
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- Transactions and Use Tax (TUT)
- Parcel Tax
- Business License Tax
- Business License Tax for Ride-Share Services
The report does not recommend a preferred option but outlines voter thresholds, implementation requirements, administrative considerations, and revenue estimates.

Summary of Revenue Options

1. Transactions and Use Tax (TUT)
A TUT is an additional local sales tax, measured as a percentage of taxable retail sales occurring within the City. It is added on top of the statewide base sales tax rate and collected by the California Department of Tax and Fee Administration (CDTFA). TUT revenue is typically unrestricted unless approved as a special tax for a designated purpose. Cupertino currently has capacity for up to a 0.25% increase under the state cap. - Estimated revenue: approximately $2.7 million annually per 0.125% ($5.4 million total) - Voter threshold: simple majority (general tax)
- Implementation: Effective April 1 following a November election - Approximately 28.8% of TUT revenue would be paid by non-residents Pros: Broad base, partial non-resident contribution, relatively high feasibility.

Cons: Regressive in nature; subject to economic cycles.

2. Business License Tax
The City’s Business License Tax is already codified in the Municipal Code. The current tax structure is based on rates originally established in 1992 and adjusted annually by the Consumer Price Index (CPI).
- Estimated revenue:
o $2 million to $3.1 million annually under models similar to Mountain View or East Palo Alto;
o Up to $10.2 million annually under a more aggressive employment-based structure
- Voter threshold: simple majority (general tax).
- Implementation: Determined based on City Ordinance adoption after measure approval.

Pros: Significant revenue potential; flexible structuring.

Cons: Administrative complexity; potential business opposition.

Rideshare Tax:

A ride-share tax is specific to ride-share services that operate within the City. Council previously expressed interest in exploring a ride-share-specific tax component, which would need to be structured as part of a business license tax. While passage would only require a simple majority, 504
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estimating potential revenue would require additional research regarding the number of rideshare operations and trips within the City.

Pros: Distributed to all users; reduce traffic congestion if fees discourage use.

Cons: Administrative complexity; regressive in nature.

3. Vacancy Tax
A Vacancy Tax is imposed on certain residential or commercial properties that remain unoccupied for a defined period of time. The tax is typically intended to encourage productive use of property and may be structured as either a flat annual fee or a percentage of assessed value.

Revenue may be restricted or unrestricted depending on how the measure is drafted. Estimated revenue range:
- Estimated revenue: $846,000 to $1.4 million annually, depending on structure - Voter threshold: varies depending on structure (excise vs. parcel tax). - Implementation: Varies depending on the type and scope of tax.

Pros: Incentivizes property owners to lease or sell unused properties; revenue in areas with blight.

Cons: Negligible impact on vacancies; increase short term rental market; difficult to enforce.

There was no consensus at the January 13 meeting to pursue this option.

4. Parcel Tax
A Parcel Tax is a flat or formula-based tax imposed on property parcels within the City, independent of assessed value. Unlike property taxes, which are based on assessed value, a parcel tax is typically a fixed amount per parcel or based on parcel characteristics (e.g., square footage, land use). Parcel taxes require two-thirds voter approval and are usually designated for specific purposes. Revenue potential varies widely depending on structure:
- Estimated revenue: From several hundred thousand dollars to over $5 million annually depending on rate and design.
- Voter threshold: two-thirds.
- Implementation: Varies depending on the structure of the tax.

Pros: Stable revenue; less regressive as a fixed amount.

Cons: Requires specific purpose; borne entirely by property owners.

There was no consensus to pursue this option at this time.

5. Utility Users Tax (UUT)
A Utility Users Tax (UUT) is a locally imposed tax on utility services such as electricity, gas, telecommunications, cable, and wireless services. The tax is typically calculated as a percentage of a customer’s utility bill and is collected by service providers and remitted to the City. UUT revenue is generally unrestricted and may be used for general governmental purposes. The City 505
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currently has a UUT in place, which is set to sunset in FY 2030–31. Renewal would require voter approval but would not generate new near-term revenue unless modified.

Council expressed consensus on renewal of the UUT but likely not in 2026.

Feasibility and Ranking Considerations
Based on HdL’s evaluation matrix and Council’s January 13 direction, the relative characteristics of each option can be summarized:

Staff requests direction regarding which options, if any, should move forward to polling and public outreach.

Fiscal Context
As directed on January 13, staff is updating second quarter budget forecasts and incorporating recent fiscal changes, including updated investment return projections, among others. These updates will be provided in a supplemental report.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If Council directs staff to proceed with development of a ballot measure, the following approximate costs are anticipated:
- Consultant services for polling, public outreach, legal review, ballot language development, and strategic advisory services: approximately $150,000 to $200,000 based on initial discussions with multiple firms; and
- Estimated County of Santa Clara costs to place the measure on the November 2026 ballot:
approximately $150,000, based on historical costs.

These estimates are preliminary and would be refined prior to returning to Council with a consultant agreement or appropriation request.

City Work Program (CWP) Item/Description
None
Option Revenue
Potential
Administrative
Complexity
Voter
Threshold
Non-Resident
Impact
TUT Moderate–High Low–Moderate
50%+1
(general) ~28.8%
Business
License Tax Moderate–High Moderate
50%+1
(general) Indirect
Vacancy Tax Low–Moderate High 50%+1 or 2/3 Limited
Parcel Tax Variable Moderate 2/3 None
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California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jonathan Orozco, Acting Director of Administrative Services and City Treasurer Reviewed by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Revenue Enhancement Opportunities Report (02.2026)
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City of Cupertino
Revenue Enhancement Opportunities Report
Development Driven by Data
ECONSolutions by HdL
120 S. State College Blvd., Ste 200
Brea, CA 92821
www.hdlcompanies.com
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CITY OF CUPERTINO REVENUE ENHANCEMENT OPPORTUNITIES REPORT

BACKGROUND
The City of Cupertino (“City”) is exploring potential revenue enhancement opportunities to raise additional tax revenue. The City retained the services of HdL to prepare a report evaluating various revenue enhancement opportunities.

Hinderliter de Llamas Associates (HdL) is a 42-year-old consulting firm with corporate offices in Brea, California, along with offices in Pleasanton and Fresno, as well as offices in Texas, Colorado, and Georgia. HdL is a highly respected consulting firm working in sales tax, property tax, tax & fee administration, revenue analysis, economic development, and cannabis management. HdL ECONSolutions was formed by HdL in 2014 to provide a variety of economic development products, services, and special projects in further serving local governments. HdL ECONSolutions has done work for more than 235 local governments and 25 developers in California and presently is working for 35 California cities and several private sector developers on a variety of economic development related services. HdL has prepared similar Revenue Enhancement Opportunity Studies for the cities of Goleta, Rancho Cucamonga, Carpinteria, and Jurupa Valley, as well as Sacramento County.

SUMMARY
The report identifies five potential revenue enhancement opportunities:
• Vacancy Tax
• Transactions and Use Tax
• Parcel Tax
• Business License Tax
• Business License Tax for Ride Share Services
This report evaluates each of the revenue opportunities by describing:
• The nature of the tax.
• The process to implement the tax and feasibility of implementation. • The pros and cons of each, including potential impacts on the residents and businesses within the community.
• The potential revenue estimates.

The summary table at the end of this report provides an overview of this evaluation. This report also includes an analysis of the approximate sales tax revenue generated by residents versus non-residents. The report does not make a recommendation or state a preference for one revenue source over another. However, it clearly outlines the abovedescribed evaluation of each possible opportunity. 509
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This report uses revenue data from the most recent fiscal year for which audited data was made available (FY2024) unless noted. Additionally, all revenue estimates are based on this actual data and do not consider potential or anticipated development. A more detailed revenue estimate should be prepared to support any ballot measure.

GENERAL SUMMARY OF VOTER APPROVAL REQUIREMENTS FOR REVENUE OPTIONS Each option requires local voter approval by the residents of Cupertino. The required threshold for voter approval is described for each option in the table below.

City measures for voter approval require submission to the county registrar of voters before being placed on the ballot. In 2026, proposed ballot measures must follow the timeline below for submission:

1. August 7 (88 days) - City Council must approve and submit a resolution to the County Registrar of Voters

2. August 11 (84 days) – Primary arguments for a measure must be filed with the City Clerk’s Office

3. August 12 (83 days) – Last day to amend or withdraw a ballot measure

4. August 18 (77 days) – Submission of rebuttal arguments and impartial analyses

5. October 5 (29 days) – Registrar of Voters begins mailing vote-by-mail packets

6. November 3 – Election day
All filed arguments and analyses are subject to a 10-day public review period, during which a writ of mandate may be sought to amend or delete the material.

VACANCY TAX
Description
A vacancy tax is a form of tax on unoccupied properties within the physical boundaries of a city. The tax can be on any type of property and can include properties for lease and sale. The structure of the tax can vary according to the discretion of the city and can either be structured as an excise or parcel tax.

Revenue Option
General Use of Funds:

Voter Approval
Threshold
Special Use of Funds:

Voter Approval
Threshold
Vacancy Tax Simple majority (50 + 1) Two-thirds majority Transactions and Use Tax Simple majority (50 + 1) Two-thirds majority Parcel Tax - Two-thirds majority
Business License Tax Simple majority (50 +1) Two-thirds majority Business License Tax for Ride
Share Services Simple majority (50 + 1) Two-thirds majority 510
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Currently, the cities of Berkeley, Oakland, and San Francisco charge vacancy taxes on unused properties. No cities in California were found to charge taxes specifically on unused short-term rentals. Notably, a voter-approved tax in San Francisco on vacant multi-family units has been suspended until a final court decision can be reached.

Among active vacancy taxes, the City of San Francisco imposes a commercial vacancy tax on retail space that is unused for more than 182 days. The tax rate is $250 per linear foot of street-facing building frontage, and increases based on the term of vacancy. The City of Oakland imposes a vacant property tax on all properties in use for less than 50 days in a year. The tax rate is $6,000 per parcel of single-family home, nonresidential, or undeveloped property, and $3,000 per vacant multi-family unit. The City of Berkeley similarly charges a flat tax on vacant residential units that increases based on the term of vacancy. Each program provides a range of exemptions, such as for financial hardship and active construction.

There would be a cost to administer the collection and audit of any vacancy tax. That cost could vary depending on whether the city chooses to administer the collection in house or contracts with a third party. Based on existing vacancy taxes, this cost is substantial.

Implementation Process
A vacancy tax requires a ballot measure approved by the residents of the local jurisdiction.

The implementation process varies depending on the type and scope of the tax.

An excise tax on vacant properties requires City Council approval to place a measure on the ballot with a two-third vote for general purpose funding (4 out of 5 for the City of Cupertino) or a simple majority for special purpose funding. Voter approval of a majority (50% plus 1) is required for general purpose funding and two-thirds for special purpose funding.

A parcel tax on vacant properties requires City Council approval with a simple majority to place a measure on the ballot. Voter approval requires a two-third vote regardless of the use of the funds. If the City were to pursue consideration of a vacant parcel tax, a separate analysis on defining the purpose and the taxing structure and providing more refined revenue estimates for each option would be required.

Pros and Cons
Pros
Incentivizes property owners to lease or sell vacant or unused properties.

Can provide substantial revenue in areas with significant blight.

Cons
Existing vacancy taxes are shown to have a negligible impact on vacancies.

Vacancy taxes could increase the number of properties on the short-term rental market.

Enforcement is difficult and requires substantial resources to verify exemptions. 511
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Potential Revenue Estimate
Estimating potential revenue depends on the number of unused properties, their length of vacancy, the tax rate, and the structure of the tax. This varies from city to city. A city can impose differing tax rates based upon the classification of property. However, more variations in tax rates make the administration and collection of the tax more complicated and thus more costly.

Extrapolation Rate Approach
One way to estimate potential revenue is to look at one or more peer cities in the region that currently impose the tax and extrapolate their revenue to Cupertino on a per capita basis. HdL estimated revenue from a vacant property tax in Cupertino by extrapolating vacancy tax revenue from the City of Oakland on a per capita basis. Although there are likely significant differences between the number of vacant properties in Oakland and Cupertino, this method presents one approach for estimating potential revenue.

Analysis of Vacancy Tax Revenue Based on Average Per Capita Total Population of Selected Peer Cities 440,646
Total Vacancy Tax Revenue of Surveyed Cities $6,357,011 Average Tax Revenue Per Capita $14.43
City of Cupertino Population 58,710
Estimated Revenue Based on Average Per Capita $846,984
Modeled Approach
Another way to estimate potential revenue is to look at estimates of vacant properties in Cupertino and calculate their tax following the model of one or more peer cities. HdL estimated tax revenue from vacant properties in the City of Cupertino using industry data on business properties and U.S. government estimates of vacant residential properties in the City of Cupertino. The tax was estimated on a per property basis following the Oakland model. Vacant property is defined as having been unused for more than 6 months. There may be significant differences between these estimates and the results of any in-depth study due to differences in definitions, measurement, and exemptions.

Analysis of Estimated Revenue from Vacant Properties (More than 6 Months) Description Amount
Estimated Number of Vacant Business Properties 9
Estimated Number of Vacant Single-Family Homes 148
Estimated Number of Vacant Units in Multi-Family Homes 154 Tax Rate Per Vacant Single-Family Home and Business Property $6,000 Tax Rate Per Vacant Unit in Multi-Family Home $3,000
Potential Revenue $1,404,000
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TRANSACTIONS AND USE TAX
Description
A Transactions and Use Tax (TUT) is an additional sales tax levy on top of the BradleyBurns Uniform Local Sales and Use Tax imposed by individual cities. What is referred to as the Bradley-Burns local portion of the sales and use tax is the 1% allocated to the jurisdiction where the sale is negotiated or the order is taken. Cities, counties, and special districts have the ability to add on to the Bradley-Burns tax for their specific uses.

Existing law authorizes cities and counties, subject to limitations and approval requirements, to levy a transactions and use district tax for general or specific purposes, in accordance with the Transactions and Use Tax Law. This includes a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the jurisdiction not exceed 2% for a total sales and use tax rate of 9.25%. The TUT is destination-based, meaning it is allocated to the jurisdiction where the goods are delivered or placed into use.

A local government does not have the ability to make exemptions as to what goods and services are exempt from the TUT. The TUT would be applicable to all goods and services subject to the statewide sales and use tax. Items that are exempt from TUT include certain food products for human consumption (many groceries), sales to the U.S. Government, prescription medicine and certain medical devices, and items paid for with food stamps.

Starting April 1, 2026, the combined Bradley-Burns and TUT tax rate in the City of Cupertino will be 9.75%, which is the baseline rate within Santa Clara County. This includes the state base rate of 7.25% along with a county-wide Transactions and Use Tax add-on of 2.5%. Of this county-wide add-on, 0.75% is exempt from the cap. The state legislature has authorized an additional 0.5% county-wide add-on exempt from the cap for voter approval in 2026.1 Local governments can impose a TUT in increments of

0.125%, up to the state cap amount. Therefore, there is capacity to impose a TUT of up to 0.25%, and still be under the 2% cap.

Currently, there are 407 cities in the state that have approved a TUT, and in the 2025 election, voters in nine California cities considered adding or extending add-on transactions and use taxes, with eight passing. In Santa Clara County, there are currently four cities which impose a TUT add on to the County rate of 9.75%. Cities with a TUT in Santa Clara County include:
• Campbell – 1%
• Los Gatos – 0.125%
• Milpitas – 0.25%
• San Jose – 0.25%
1 As authorized by 2025-2026 SB 63, 2023-2024 SB 335, and 2017-2018 SB 797 (California Legislative Information).
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There would be an administrative expense paid to the State Board of Equalization associated with the monitoring of the collection and audit of the TUT. An estimate of this cost is included in the potential revenue estimates provided by HdL. There would also likely be additional expenses associated with county administration of the tax.

Implementation Process

Enactment of a TUT requires a ballot measure approved by the residents of the city.

Placing a measure on the ballot requires supermajority City Council approval with a twothirds vote (4 out of 5 for the City of Cupertino). Once on the ballot, the measure must have a two-third voter approval for special purpose funding or a simple majority (50% plus 1) for general purpose funding to pass.

A TUT would be implemented no sooner than 110 days after the election date. For a November ballot measure, it will be implemented on April 1 of the following year, unless a later date is stated in the measure. For financial purposes, an April 1 start date means cash flow will start in June. With a normal 60-day accrual period, a city can expect one quarter worth of revenue for that fiscal year, with the first full fiscal year impact not felt until the following year. A sample implementation timeline is provided below:
• November 2026 - successful ballot measure
• April 2027 – effective date
• June 2027 – first cash flow
• FY2027 – one quarter fiscal impact
• FY2028 - first full year fiscal impact
Process to Increase the Transactions and Use Tax Beyond the 2% Cap Limit The existing Revenue and Taxation Code authorizes cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law to exceed the 2% limit. The authorization to exceed the 2% limit requires state legislative action, in the form of legislation to allow for a specific jurisdiction to exceed the limit. The California State Legislature must approve the bill to allow the city to make this exemption. The city will still need to follow the local voter approval process to approve the measure.

Pros and Cons of TUT and Increases
Pros
Sales taxes are borne by both residents and non-residents purchasing goods and services from businesses in the taxing jurisdiction. HdL estimates that 28.8% of a Cupertino TUT would be paid by non-residents - individuals and businesses residing and located outside of the City.

Cons
Sales taxes are regressive by nature. Taxes on general goods and services consume a greater proportion of a lower/moderate income family’s income. 514
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Potential Revenue Estimate
In July 2023, HdL prepared a Transaction District Add-on Sales Tax Estimate Report for the City of Cupertino. Based on the City’s economic profile, revenue from a proposed

0.25% transactions and use tax is expected to be less than the revenue generated by the existing Bradley-Burns sales and use tax after adjusting for differences in the tax rate.

While HdL estimates there would be an increase in revenue from residents’ purchase of automobiles in other jurisdictions and online shopping orders delivered within the City, this is outweighed by the allocation of business and industry goods to the location of delivery or first use, and not where the sales are negotiated or from where they originate.

After adjusting for differences in tax rates, a voter approved 0.25% TUT in Cupertino is estimated to generate approximately 62% of the existing Bradley-Burns local tax, or $5.4 million per year using FY2023 as a baseline. If the City were to pursue a higher tax rate through state legislation, the increased tax amount can be calculated by the estimates of the additional 0.125% increments. In rounded numbers, an additional TUT could generate an additional $2.7 million per eighth of a cent.

PARCEL TAX
Description
A parcel tax is a tax on a parcel of property within a city. The tax must be imposed for a specific purpose. The revenue collected may only be used for that specific purpose.2 For example, library services, public safety, roads, or infrastructure improvements are common purposes. The owner of the individual property pays the tax. The amount of the tax is set by the city and can vary depending on the type of use of the property. For example, single-family residences, multi-family properties, and commercial, industrial, or vacant properties can have different rates. Recent rulings have also allowed for parcel taxes based on the square footage of developed land or property improvements, so long as the tax is not based on the assessed value of the property.3 The amount of tax can also be the same rate for all parcels regardless of land use. The city can also exempt certain classifications of properties. All of the tax rate decisions are at the discretion of the city. The tax rate should also be roughly proportional to the use of the services, so a tax rate study is required. A CPI increase may be built into the tax if it is supported by the tax rate study.

Parcel Taxes are most commonly imposed by school districts and special districts. The tax process is most utilized by cities for specialized services, such as libraries or public 2 Parcel taxes are defined as special taxes under the California Constitution (Article XIII A Section 4) and California Government Code (Section 64610). Special taxes must include a specific purpose in their ballot measure under the California Government Code (Section 50075). 3 Based on rulings by the 1st District Court of Appeal in San Francisco and 2nd District Court of Appeal in Los Angeles (2023).
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safety services. In Santa Clara County, the City of San Jose approved a CPI-adjusted parcel tax of $29.84 per single family home in 2014 to fund library operations.

Parcel Taxes are not to be confused with Property Assessments, which are taxes assessed on specific properties for specific services provided to those properties, such as landscape maintenance and street lighting. These are referred to as Special Districts.

As with the other taxes described, there would likely be an administrative expense associated with the monitoring of the collection and audit of the tax.

Implementation Process
Implementation of a parcel tax requires a ballot measure approved by the residents of the city. Placing a measure on the ballot requires City Council approval with a simple majority.

Voter approval requires a two-thirds vote regardless of the use of the funds.

There are many variations as to which parcels would be taxed and at what rates and the purpose of the tax. If the City were to pursue consideration of a parcel tax, a separate analysis on defining the purpose and the taxing structure and providing more refined revenue estimates for each option would be required.

Pros and Cons
Pros
Parcel taxes are a steady stream of income because they are based on a fixed fee. They are not subject to the volatility of land values.

Parcel taxes can be less regressive than sales or value-based taxes since they are a fixed amount.

Cons
Residents and landowners of the city pay parcel taxes. Non-residents or visitors of the city are not subject to this type of tax.

Though parcel taxes are less regressive than sales taxes, they still impact lower/moderate income individuals disproportionately.

Potential Revenue Estimate
The City can set the tax rate based on a fixed amount for various categories of land use or area of developed land. The table below identifies the parcel inventory for the City.

City of Cupertino Parcel Inventory
Type Percent Number Square Feet of Improvements
Commercial 0.7% 127 872,316
Industrial 0.4% 65 5,699,267
Residential, including multi-family 85.9% 14,936 34,324,164 Miscellaneous 13.0% 2,264 10,439,225
Total 100% 17,392 51,334,972
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The City can set a different tax rate for various categories of land use. There are many combinations of rates and property types the City could choose to produce the most equitable tax structure. For example, the City could apply a tax of $0.25 per square feet of improvements and a flat tax of $100 per parcel on vacant properties. The tax amount per parcel category can vary significantly, but the following illustration provides a general scope of understanding of the tax and potential revenue it could generate.

Using the below tables as a model, the City could choose a residential rate of $0.15 per square foot of improvements, generating approximately $5.14 million in revenue, along with a $150 per parcel rate for commercial and industrial properties, for a total of $28,800 ($19,050 for commercial plus $9,750 for industrial) for a grand total of $5.17 million per year.

Analysis of Parcel Tax Revenue Based on Number of Parcels (000s of $) Property Type
Number of
Parcels $25 $50 $75 $100 $125 $150 $175 $200
Commercial 127 $3.2 $6.4 $9.5 $12.7 $15.9 $19 $22.2 $25.4 Industrial 65 $1.6 $3.3 $4.9 $6.5 $8.1 $10 $11.4 $13.0
Residential,
including
multi-family
14,936 $373 $747 $1,120 $1,494 $1,867 $2,240 $2,614 $2,987 Miscellaneous 2,264 $57 $113 $170 $226 $283 $340 $396 $453 Total 17,392 $435 $870 $1,304 $1,739 $2,174 $2,609 $3,044 $3,478 Analysis of Parcel Tax Revenue Based on Per Square Foot of Improvements (000s of $) Property Type
Square Feet
of
Improvements $0.05 $0.10 $0.15 $0.20 $0.25 $0.30 $0.35 $0.40 Commercial 872,316 $44 $87 $131 $174 $218 $262 $305 $349 Industrial 5,699,267 $285 $570 $855 $1,140 $1,425 $1,710 $1,995 $2,280 Residential,
including
multi-family
34,324,164 $1,716 $3,432 $5,149 $6,865 $8,581 $10,297 $12,013 $13,730 Miscellaneous 10,439,225 $522 $1,044 $1,566 $2,088 $2,610 $3,132 $3,654 $4,176 Total 51,334,972 $2,567 $5,133 $7,700 $10,267 $12,834 $15,400 $17,967 $20,534

BUSINESS LICENSE TAX
Description
Most cities impose a business license tax on businesses that operate within the physical boundaries of the city. There are various methodologies for calculating the tax. The presumption of a business license tax is to tax businesses for the services provided by the city to support its business community, i.e., public safety, infrastructure impacts, etc. 517
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The City of Cupertino imposes a Business License Tax. This tax is based on the type of business and square footage of any floor area, less fifteen percent. City staff proposed an updated employee-based tax in 2018 that was not approved by Cupertino’s City Council.

In the November 2024 election, there were 15 cities in California that proposed general revisions or updates to their business license or special operations taxes, all of which passed.

There would likely be an additional administrative expense associated with increased monitoring of the collection and audit relative to the City’s current fee structure.

Implementation Process
Increases to a business license tax require a ballot measure approved by the residents of the city. Placing a measure on the ballot requires City Council approval with a twothirds vote for general purpose funding (4 out of 5 for the City of Cupertino) or a simple majority for special purpose funding. Voter approval of a majority (50% plus 1) is required for general purpose funding and two-thirds for special purpose funding.

Pros and Cons
Pros
Business license taxes can generate a significant amount of revenue. Voter approval is by the residents and not necessarily the business owners, with residents more likely to approve the tax.

Cons
It can be considered a regressive tax in that the amount that businesses pay is considered a cost of doing business and therefore passed on to customers in the cost of goods and services.

A business license tax, depending on the amount, may dissuade businesses, most likely small businesses, from locating or staying within the City. However, the tax structure can be tailored to minimize the impact on small or locally owned businesses through tiered rates, exemptions, or lower thresholds for certain classifications.

Potential Revenue Estimates
There are several different models that cities use for business license taxes. Some are based on flat fees, based on the number of employees, or gross revenue generated by the business. A city can impose differing tax rates based on the classification of a business. However, more variations in tax rates make the administration and collection of the tax more complicated and thus more costly.

Presently, HdL’s business license division administers business license programs for 136 cities in California. The recommended structure for a newly implemented business license tax is based on the gross receipts model. This model is the least regressive approach 518
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because it is based on the revenue increases of the business and not other factors such as employees or a flat fee.

Given the variation in models, one way to estimate potential revenue is to look at one or more peer cities in the region that currently impose a business license tax, determine their actual tax on a per establishment basis, and extrapolate it to Cupertino by the number of establishments that typically require a business license. This study uses this approach to estimate the revenue from gross receipts and employment-based models. It also includes an analysis of the potential revenue from the model proposed by City staff in 2018.

City Model-Based Rate Approach - Gross Receipts
HdL identified the City of East Palo as the closest city to Cupertino with a gross receipts tax. Their estimated business license tax and fee revenue was extrapolated on a per license basis to Cupertino using city-level business license data.

Analysis of Business License Tax and Fee Revenue Based on Average Per License Description Amount
Total Number of East Palo Alto Business Licenses 1,729
East Palo Alto Business License Tax and Fee Revenue $2,290,256 East Palo Alto Average Tax and Fee Revenue Per License $1,325 Number of Business Licenses in Cupertino 2,986
Potential Business License Tax and Fee Revenue Based on Average Per License $3,955,295
City of Cupertino Business License Fee Revenue $831,321 Additional Potential Revenue from a Business License Tax $3,123,974 Source: California State Controller's Office and Cupertino and East Palo Alto Business License Data
Based on the per-license analysis, it is estimated that the City could achieve approximately $3.12 million in additional annual revenue based on the assumptions in the analysis scenario. The revenue data was reported by cities to the State Controller’s Office (SCO) and therefore was recorded into a common database based on the SCO’s reporting requirements. This is more accurate than drawing the information from each city, each of which may choose different reporting formats, dates, and/or criteria.

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