5. .25
C1
.5
.25
C1
.5
25 .
C2
.5
.25
C2
.5
.25
C2
.5
.25
C2
.5
.25
C2
.5
.25
C2
.5
.25
C2
.5
.25
C2
.5
.25
C3
.5
.25
D D D D D D
D D D D D D D D
D D D D D D
D D D D D D D D
D D
D
D D
D D D D D D
D D
D D D D D D
D D D D D D
D D D D D
D D D D D
D D D D D D D D
D D D D D D D D D D D D D D D
D D D
D D D D D
D D D
D D D D
D D D D
D D D D
D D D
D D D D D
D
E
E
E
E E E E E E
E E
E
E
E
E E E E E E E
E E E E E E E E
E E E
E E
E
E E E EE E E E
E E E E E E E E E E E E E E
E E E E E E
E E
E E E
E E E E
E E E E
E E E E E E E E E E E
E E E E E E
E E E E E E
E E E E E E
E E E E E E E
E E
E E E E
E E
E E
C3
5. .25
C3
5. .25
C3
.5
.25
C3
.5
.25
D1
D1
D1
D1
C3
.5
.25
0.0 0.1 0.1 0.1 0.0 0.0 0.0
0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0
0.0 0.0 0.1 0.1 0.2 0.1 0.1 0.1 0.0 0.0 0.00.0 0.0 0.1 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.0
0.0 0.0 0.0 0.1 0.3 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.4 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.4 0.5 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.6 0.7 0.5 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.5 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.6 0.4 0.2 0.1 0.2 0.4 0.5 0.4 0.2 0.1 0.2 0.4 0.5 0.4 0.2 0.1 0.2 0.4 0.5 0.4 0.2 0.1 0.2 0.3 0.5 0.1 0.1 0.1 0.1 0.2 0.4 0.5 0.4 0.2 0.1 0.2 0.4 0.5 0.4 0.2 0.1 0.2 0.4 0.5 0.4 0.2 0.1 0.2 0.4 0.5 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.1 0.5 2.5 4.3 2.9 0.7 0.2 0.6 2.6 4.2 2.5 0.6 0.2 0.5 2.3 4.2 2.8 0.7 0.2 0.6 2.6 4.2 2.5 0.6 0.2 0.3 0.3 0.3 0.1 0.1 0.1 0.2 0.8 2.9 4.1 2.2 0.5 0.2 0.9 3.1 4.0 2.1 0.4 0.2 0.7 2.8 4.2 2.3 0.5 0.2 1.0 3.1 4.0 2.0 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.3 0.6 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.3 4.7 1.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.2 7.2 4.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.1 1.4 0.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.5 0.8 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 4.3 5.1 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 3.5 5.0 0.3 0.3 0.4 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.4 0.8 0.3 0.4 0.3 0.2 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.7 0.4 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.6 0.3 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.6 0.3 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.6 0.3 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.7 0.3 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.3 0.4 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.2 0.3 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.2 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.2 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.4 0.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 1.0 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.3 1.9 9.5 9.4 6.1 1.4 0.4 1.0 5.2 9.1 11.9 3.0 0.5 0.7 4.2 8.7 5.5 1.1 0.6 3.9 13.2 9.6 5.1 1.0 0.8 1.6 4.0 0.0 0.0 0.0 0.2 4.5 8.0 11.8 3.0 0.5 1.4 6.2 8.3 3.7 0.6 0.6 4.5 12.7 9.1 4.2 0.7 0.4 1.4 6.4 10.2 10.8 1.5 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.4 2.6 5.7 5.8 3.2 1.1 0.4 0.8 2.7 5.0 6.8 3.9 0.7 0.7 2.2 3.9 2.7 0.9 0.7 3.0 5.1 4.9 2.7 0.8 0.8 1.0 4.2 0.1 0.1 0.1 0.5 1.4 2.8 3.3 2.4 0.6 1.0 2.9 3.7 2.0 0.6 0.8 4.2 6.4 4.6 2.3 0.6 0.4 1.1 3.3 6.5 5.8 1.9 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.2 0.7 2.3 4.5 6.1 4.1 0.8 0.8 2.5 3.8 2.4 0.8 0.5 1.1 2.5 4.0 2.8 0.9 0.4 0.8 2.5 3.8 2.4 0.8 0.7 1.5 2.5 0.1 0.1 0.2 0.7 2.4 3.4 2.1 0.7 0.4 1.0 2.9 4.1 2.5 1.2 0.5 0.9 2.6 3.7 2.2 0.7 0.9 4.2 6.2 4.3 2.1 0.6 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.7 4.4 9.0 12.5 4.9 0.7 0.9 5.0 8.8 4.7 0.9 0.7 10.0 42.0 11.4 6.0 1.3 0.4 0.9 5.0 8.7 4.8 0.9 0.4 0.7 1.1 0.1 0.1 0.2 1.1 5.4 8.1 4.5 0.8 0.4 1.5 6.4 11.9 26.3 7.3 0.6 1.1 5.5 8.4 4.4 0.8 0.8 6.0 12.5 8.8 3.7 0.5 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.3 0.6 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 1.1 2.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 4.8 4.6 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 1.2 2.5 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.3 0.1 0.5 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.4 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.6 1.3 2.2 2.7 3.0 3.0 3.3 3.6 3.8 3.7 3.8 3.9 4.2 4.1 4.2 3.8 3.7 3.6 3.7 3.7 3.5 3.3 3.2 2.8 2.2 1.6 1.7 2.2 2.8 3.1 3.3 3.4 3.6 3.7 3.7 3.8 3.9 4.2 4.1 4.1 3.8 3.7 3.7 3.7 3.7 3.5 3.4 3.0 2.7 2.0 1.4 0.7 0.3 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.6 0.1 0.1 0.1 0.0 0.00.0 0.0 0.0 0.0 0.4 0.3 0.2 0.1 0.1 0.00.0 0.0 0.0 0.0 0.2 0.3 0.2 0.1 0.00.0 0.0 0.0 0.0 0.1 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.1 1.4 2.2 2.8 3.2 3.5 3.5 3.7 3.8 3.8 3.9 4.0 4.2 4.4 4.2 3.9 3.9 3.7 3.8 3.8 3.6 3.5 3.3 2.9 2.4 2.3 27.7 1.1 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 2.6 0.7 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.4 0.2 31.1 0.7 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.2 0.1 27.4 0.6 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.1 0.1 1.2 0.4 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.2 0.1 7.9 0.5 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.2 0.1 37.3 0.6 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.3 0.1 4.1 0.8 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.3 0.2 1.0 0.6 2.3 3.7 2.7 8.2 4.6 1.7 2.9 2.1 6.2 6.2 2.5 3.4 1.7 6.2 6.5 1.5 2.7 2.2 6.0 8.1 2.1 3.0 2.6 8.3 4.2 2.4 3.2 1.0 0.2 0.1 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.2 0.2 0.7 3.4 6.9 6.8 9.1 32.6 5.2 4.0 5.6 3.3 10.0 36.4 3.9 3.3 5.6 3.8 5.9 21.6 6.7 3.8 5.6 3.3 2.0 27.7 25.1 1.1 0.6 1.0 2.1 3.9 3.3 1.2 0.8 0.9 3.0 3.0 0.9 0.7 0.8 2.8 2.8 0.8 0.5 0.7 2.6 2.7 1.0 0.8 1.5 2.8 2.5 0.8 0.6 0.3 0.2 0.6 0.6 0.1 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.4 0.9 2.0 5.2 3.6 1.0 0.8 0.8 0.9 0.7 0.7 0.5 0.6 0.7 0.9 0.9 0.8 0.6 0.7 0.8 0.9 0.7 0.6 0.6 0.6 0.4 0.3 0.4 1.0 3.1 2.8 1.7 0.8 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.2 0.1 0.2 0.2 0.5 1.3 0.8 0.4 0.4 0.6 0.3 0.7 12.6 8.3 0.3 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.4 0.6 0.9 1.4 4.8 1.5 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.2 0.4 0.9 0.4 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.4 0.4 0.5 1.1 2.8 2.8 1.1 0.3 0.1 0.1 0.1 0.1 0.3 0.4 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.6 3.6 2.7 0.7 5.2 6.5 3.0 1.0 2.1 4.1 0.3 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 1.2 0.7 0.6 1.0 2.8 1.3 0.6 0.4 0.4 0.2 0.1 0.1 0.1 0.1 1.3 12.3 1.4 0.3 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.7 1.1 0.8 0.4 0.4 0.8 1.1 0.8 0.3 0.1 0.1 0.1 0.3 6.4 1.5 0.1 0.1 0.0 0.0 0.1 0.1 0.2 0.6 2.2 5.1 1.0 1.2 2.1 23.1 27.5 1.5 0.5 0.1 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 3.2 0.9 0.5 0.4 0.6 0.7 2.0 21.9 1.0 0.2 0.1 0.1 0.1 0.2 1.2 9.0 2.3 0.3 0.1 0.1 0.1 0.1 0.1 0.2 0.4 1.2 2.8 3.1 1.9 0.8 0.5 0.5 0.3 0.3 0.2 0.1 0.3 3.5 11.4 0.8 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.4 1.3 4.5 2.5 0.5 0.3 1.1 1.1 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.8 1.6 0.2 1.6 1.0 0.5 0.6 0.8 0.9 8.1 3.3 0.7 0.6 0.6 0.4 0.3 0.6 0.7 0.9 0.6 0.5 0.7 0.5 0.5 0.3 0.4 0.7 0.7 1.1 1.7 1.6 3.1 1.2 0.5 0.4 0.7 0.6 0.6 0.3 0.4 0.8 0.8 0.6 0.6 0.4 0.3 0.3 0.5 0.5 0.6 0.5 1.0 2.4 2.2 0.9 0.4 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.3 0.8 1.0 0.9 0.8 2.1 2.9 31.1 31.2 2.3 2.0 3.2 32.3 15.9 1.6 1.9 4.4 37.1 9.0 1.3 2.5 7.7 23.1 5.1 1.2 2.1 13.4 33.9 3.1 1.6 3.3 2.8 1.2 0.6 1.2 4.6 35.5 11.4 0.7 1.1 1.8 2.6 34.3 19.4 2.4 2.1 1.2 14.1 32.9 3.2 1.9 2.3 27.9 26.9 2.9 2.2 0.7 0.1 0.1 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.2 0.3 3.8 3.0 0.8 1.9 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 0.1 1.1 33.4 0.5 0.1 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.1 0.0 0.5 13.7 0.5 0.1 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.1 0.6 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.6 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.3 0.2 0.6 14.6 0.5 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.5 0.2 1.2 33.4 0.4 0.1 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 2.3 0.4 0.1 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 2.2 2.3 2.0 1.7 1.9 2.1 2.4 2.2 2.1 2.2 2.3 2.4 2.2 2.1 2.2 2.4 2.4 2.3 2.1 2.3 2.4 2.3 2.1 1.8 2.1 2.3 2.2 1.8 1.2 1.0 1.0 1.4 2.0 2.4 2.3 2.2 2.1 2.2 2.4 2.1 1.9 1.8 2.1 2.4 2.4 2.2 2.2 2.2 2.4 2.1 1.9 1.7 2.0 2.2 2.1 1.6 0.9 0.5 0.2 0.1 0.00.0 0.0 0.0 0.0 0.2 0.2 0.3 0.7 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.4 0.5 0.6 0.7 0.6 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.7 1.0 1.3 1.3 1.2 0.7 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.9 1.5 2.2 2.1 1.7 1.5 1.9 0.8 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.6 1.2 2.1 1.9 1.4 1.3 1.8 2.2 2.6 2.5 2.1 2.3 2.4 2.2 1.9 1.5 1.8 2.1 2.4 2.3 1.9 2.2 2.3 2.4 2.2 2.0 2.3 2.5 2.3 2.1 2.0 2.2 2.3 1.9 1.2 0.7 1.0 1.6 2.1 2.3 2.2 2.0 2.3 2.5 2.3 2.1 2.0 2.3 2.4 2.1 1.8 1.6 2.0 2.2 2.0 1.5 0.8 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.0 1.0 0.7 0.6 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 10.0 1.7 0.1 0.3 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 8.6 1.7 0.2 1.1 0.4 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.6 0.5 0.2 1.0 0.7 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.8 0.7 0.5 0.5 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 10.6 2.3 1.0 0.4 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 13.7 3.4 2.8 3.3 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.5 3.7 6.6 4.4 2.3 0.5 0.6 2.5 5.5 1.8 0.4 0.3 1.4 3.8 2.4 0.5 0.5 2.1 5.8 2.0 0.4 0.5 2.2 2.8 1.0 0.4 1.1 3.9 5.2 0.9 0.4 0.8 3.3 4.7 4.4 4.0 3.5 3.3 4.2 1.6 0.5 0.4 1.9 5.8 2.3 0.5 0.5 1.9 3.0 1.3 0.4 0.8 5.2 5.5 1.3 0.4 0.2 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.4 3.3 16.3 11.7 10.4 1.3 0.6 2.5 17.0 6.8 0.8 0.4 1.8 10.1 7.1 1.0 0.6 3.1 13.1 4.6 0.6 0.7 4.0 10.0 3.2 0.6 0.9 6.5 14.7 2.3 1.3 8.5 9.0 3.1 3.4 3.5 3.5 2.1 3.2 13.4 5.8 1.1 4.2 11.5 3.2 0.6 1.0 8.2 12.4 1.8 0.5 1.6 13.5 12.3 12.5 9.5 0.9 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.2 0.9 2.1 6.2 4.7 0.7 0.4 1.5 3.0 1.7 0.4 0.4 2.0 6.7 3.1 0.5 0.7 2.4 2.5 0.8 0.3 0.5 2.8 6.7 1.9 0.4 0.7 2.3 2.6 0.9 0.6 3.3 5.0 4.5 3.4 2.0 2.8 3.0 4.3 4.8 1.4 0.5 1.3 2.9 1.9 0.5 0.6 3.2 5.9 1.6 0.4 0.6 2.8 3.8 3.7 2.2 0.3 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 2.3 0.9 1.2 2.9 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.4 0.6 0.5 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.3 0.5 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.3 0.4 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.4 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.3 0.4 1.0 0.1 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.2 0.4 0.7 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.5 0.2 0.6 0.7 0.3 0.6 0.2 0.0 0.8 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.8 1.5 2.1 2.3 2.0 1.7 0.8 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.6 1.0 1.3 0.7 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.4 0.6 0.6 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.2 0.7 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.1 2.0 2.2 2.0 1.9 1.8 2.1 2.3 2.3 2.2 2.1 2.2 2.4 2.3 2.2 2.2 2.3 2.4 2.2 2.1 2.2 2.4 2.4 2.2 2.1 2.2 2.3 2.1 1.6 0.9 0.5 1.1 1.2 1.7 2.2 2.3 2.2 2.1 2.2 2.4 2.4 2.3 2.2 2.2 2.3 2.1 1.9 1.7 2.0 2.2 2.0 1.5 0.9 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.6 0.2 0.1 0.1 0.2 0.3 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.3 0.1 0.1 0.2 0.3 0.5 0.3 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.3 0.1 0.1 0.2 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.2 0.1 0.2 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.2 0.1 0.3 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.2 0.1 0.5 0.6 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.2 0.1 3.4 0.9 0.3 0.6 2.7 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.4 1.9 2.6 1.1 0.4 1.0 14.3 36.1 2.9 0.4 0.8 1.8 1.4 0.5 0.5 3.5 36.9 13.3 0.8 0.5 1.5 1.8 1.0 1.8 27.4 24.7 4.7 3.8 1.4 0.3 0.5 1.6 2.5 1.1 0.2 0.2 0.7 1.6 1.1 0.3 0.3 1.0 1.6 0.8 0.2 0.4 1.8 2.2 0.7 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.3 0.1 0.1 0.6 3.7 8.2 3.5 0.6 0.6 1.3 1.3 0.8 0.4 1.5 10.7 10.6 1.3 0.4 1.0 1.4 1.1 0.5 0.7 3.9 8.3 2.8 0.8 0.9 2.0 3.1 5.2 1.4 0.1 0.5 0.6 0.5 0.3 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.2 0.2 0.2 0.1 0.2 0.3 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.2 0.1 0.1 0.5 3.5 8.3 2.2 0.3 0.7 3.2 3.5 0.8 0.2 1.4 6.2 5.1 0.7 0.4 1.9 4.2 1.9 0.3 0.6 3.5 7.7 1.9 0.4 0.5 2.7 6.4 6.1 1.5 0.1 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.1 0.0 3.5 1.1 0.2 0.1 0.1 0.0 0.00.0 0.0 0.0 0.0 0.1 0.0 0.7 0.4 0.4 0.2 0.1 0.1 0.00.0 0.0 0.0 0.0 0.1 0.0 0.0 0.2 0.7 0.4 0.2 0.1 0.00.0 0.0 0.0 0.0 0.1 0.1 0.0 0.1 0.3 0.6 1.1 1.9 2.4 2.6 2.5 2.2 2.4 2.6 2.4 2.3 2.1 2.3 2.5 2.2 1.9 1.7 2.1 2.3 2.1 1.7 0.9 0.4 0.2 0.1 0.0
0.0 0.0 0.0 0.0 0.2 0.1 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.3 0.2 0.0 0.1 0.1 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.3 0.2 0.0 0.1 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.1 1.7 2.2 2.4 2.2 1.9 1.7 2.2 2.5 2.4 2.3 2.1 2.4 2.6 2.4 2.3 2.3 2.4 2.6 2.4 2.1 2.4 2.5 2.6 2.4 2.1 2.4 2.5 2.1 1.6 0.9 0.5 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.3 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.5 0.8 1.0 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.7 1.3 1.9 2.0 0.5 2.7 4.8 1.5 0.2 0.3 1.7 4.1 1.9 0.3 0.3 2.4 3.9 1.2 0.1 0.5 3.2 4.3 1.0 0.1 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.6 1.3 2.0 2.1 1.8 1.6 1.9 2.4 2.7 2.4 2.2 2.3 2.4 2.6 2.4 2.1 2.4 2.6 2.5 2.3 2.2 2.4 2.5 2.3 2.0 1.7 2.2 2.5 2.5 2.3 2.2 2.3 2.4 2.0 1.5 0.9 0.6 0.7 0.5 0.9 1.3 0.6 0.2 0.2 0.5 0.7 0.5 0.2 0.2 0.5 0.7 0.4 0.1 0.3 0.9 1.1 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.3 0.7 0.5 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.3 0.4 1.2 0.2 0.3 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.2 0.4 0.3 0.8 0.6 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.9 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.5 0.1 0.1 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.6 0.3 0.1 0.1 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.4 0.6 0.5 0.3 0.1 0.1 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.1 1.0 4.3 3.4 0.5 0.1 1.6 4.1 2.0 0.3 0.1 2.2 4.0 1.4 0.2 0.5 2.8 3.7 1.0 0.2 0.4 2.6 4.8 1.5 0.2 0.0 3.1 3.4 0.7 0.1 0.3 1.7 3.0 1.2 0.2 0.1 0.1 0.5 0.5 0.5 0.3 0.1 0.00.0 0.0 0.0 0.0 0.0 0.0 0.1 0.4 1.2 1.0 0.3 0.2 0.4 0.7 0.5 0.2 0.2 0.5 0.7 0.4 0.1 0.2 0.6 0.7 0.3 0.1 0.2 0.9 1.2 0.6 0.2 0.3 0.6 0.6 0.3 0.1 0.1 0.3 0.4 0.3 0.1 0.1 0.1 0.2 0.4 0.4 0.4 0.20.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.1 0.2 0.2 0.3 0.30.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.7 0.9 0.3
1.5 0.5
1.0 1.2 0.6 0.2
0.5 0.8 0.6 0.20.3 0.6 0.7 0.30.3 0.7 1.1 0.60.3 0.8 1.70.4 0.9 1.5 0.9
0.7 1.3 1.8 2.2 2.3 2.4 2.5 2.6 2.6 2.6 2.4 2.4 2.2 2.0 1.5 1.0 0.5 0.5 0.7 0.9 0.5 0.6 1.1 1.6 2.1 2.2 2.3 2.4 2.6 2.6 2.6 2.5 2.4 2.3 2.1 1.7 1.20.7 1.3 1.9 2.3 2.5 2.5 2.6 2.7 2.7 2.6 2.5 2.5 2.3 2.1 1.6 1.1 0.6 0.7 0.9 0.7 0.4 0.5 1.1 1.7 2.2 2.3 2.5 2.5 2.7 2.7 2.6 2.6 2.5 2.4 2.2 1.8 1.2
1.1 1.3 0.7
0.4 1.5 0.50.7 0.9 0.4 0.10.4 0.5 0.2 0.10.4 0.4 0.2 0.10.5 0.3 0.2 0.10.5 0.2 0.2 0.10.3 0.2 0.3 0.20.1 0.2 0.4 0.30.1 0.3 0.8 0.5
0.5 1.4
0.1 0.5 1.5 0.0
0.5 0.2 0.4 0.8 0.6 0.2
1.4 1.9 2.1 2.4 2.4 2.4 2.6 2.6 2.5 2.4 2.4 2.2 2.1 1.6 1.1 0.6 0.4 0.4 0.6 0.5 0.6 1.1 1.6 2.1 2.1 2.3 2.3 2.4 2.5 2.5 2.4 2.3 2.3 2.1 1.7 1.3 0.7 0.3
0.5 0.7 1.3 1.5 1.5 1.8 2.1 2.2 2.3 2.3 2.4 2.4 2.3 2.1 2.0 1.8 1.6 1.4 1.2 1.2 0.9 1.2 1.4 1.6 1.6 1.5 1.5 1.6 1.7 1.7 1.7 1.7 1.6 1.5 1.4 1.2 1.2 0.90.2 0.7 1.6 1.40.3 1.1 1.30.4 0.80.4 0.50.3 0.80.2 1.10.2 1.1 0.9 0.30.2 0.8 0.7 0.50.2 0.4 0.6 2.80.1 0.30.1 0.20.2 0.10.3 0.30.2 0.50.1 0.7 1.6
0.5 1.3 2.1 1.8 1.8 1.5 1.7 1.9 1.8 1.9 2.0 1.8 1.9 2.0 1.8 1.9 1.8 1.6 1.7 1.6 1.1 0.8 1.4 1.9 1.8 1.8 1.9 1.7 1.6 1.9 1.9 1.9 2.0 1.7 1.6 1.7 1.4
1.2 1.7 1.5 1.3 1.3 1.2 1.2 1.3 1.3 1.4 1.4 1.3 1.4 1.4 1.3 1.3 1.2 1.0 0.8 0.5 0.4 0.7 0.9 0.8 1.1 1.2 1.2 1.3 1.3 1.3 1.4 1.3 1.2 1.2 1.1 0.9
2.2 2.2 2.0 2.0 1.8 1.5 1.9 2.0 1.9 2.0 2.0 1.9 2.1 1.9 1.9 1.9 1.4 0.6 0.2 0.2 0.5 0.6 0.5 1.1 1.7 1.9 1.9 2.1 2.0 1.9 2.0 1.7 1.6 1.8 1.5
0.1 0.2 0.8 0.8
0.3 1.2 1.30.3 0.9 1.1
0.4 0.3 0.6 0.70.8 0.3 0.4 0.70.8 0.4 0.4 0.50.8 0.5 0.3 0.40.7 0.7 0.3 0.2
1.0 1.2 0.4 0.1
1.3 0.4 0.1
0.8 0.3 0.1
2.1 2.2 2.0 2.2 2.2 2.0 2.3 2.2 2.1 2.3 1.9 1.8 2.2 2.1 2.1 2.2 1.6 0.7 0.6 0.5 0.2 0.3 0.6 1.4 2.2 2.2 2.1 2.3 2.1 2.1 2.3 1.9 1.8 2.1 1.6
1.4 1.5 1.4 1.3 1.4 1.3 1.3 1.4 1.4 1.4 1.4 1.3 1.3 1.3 1.3 1.4 1.4 1.2 1.0 0.6 0.4 0.4 0.4 0.7 1.0 1.1 1.2 1.3 1.4 1.4 1.4 1.4 1.3 1.2 1.2 1.2 1.0
0.5 1.3 1.7 1.5 1.6 1.5 1.6 1.7 1.7 1.7 1.8 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.6 1.3 0.7 0.4 0.5 0.9 1.6 1.2 1.1 1.5 1.7 1.7 1.8 1.8 1.7 1.7 1.5 1.5 1.5 1.30.6 1.5 0.5 1.0 0.8
0.3 0.9 1.1 0.5 0.5 0.40.3 0.7 0.5 0.3 0.2 0.1 0.20.3 0.7 0.6 0.3 0.2 0.1 0.10.2 0.9 1.1 0.5 0.3 0.2 0.30.2 0.9 1.3 0.5 0.5 0.7 0.80.2 0.8 0.8 0.4 0.3 0.8 1.5 1.2 0.5 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.10.2 0.4 0.4 0.3 0.1 0.3 0.8 1.1 0.9 0.8 0.7 0.8 0.7 0.7 0.7 0.7 0.7 0.6 0.6 0.50.3 0.4 0.2 0.1 0.1 0.1 0.3 0.6 1.3 2.0 2.0 1.9 2.0 1.9 1.8 2.0 1.7 1.6 1.8 1.40.3 0.6 0.4 0.1 0.1 0.1 0.10.2 0.8 1.2 0.2 0.2 0.1
0.5 1.5 2.0 0.4 0.3 0.3 0.20.6 1.1 1.8 1.4 1.3 1.3 1.3 1.4 1.5 1.4 1.4 1.5 1.4 1.4 1.5 1.4 1.4 1.4 1.3 1.0 0.6 0.5 0.4 0.4 0.3
1.6 1.7 1.7 1.5 1.6 1.5 1.5 1.6 1.5 1.5 1.6 1.5 1.4 1.4 1.5 1.5 1.5 1.4 1.1 0.6 0.5 0.7 0.7 0.5
1.1 1.2 0.91.6 1.8 1.51.4 1.5 1.4
0.9 0.7 0.20.6
SCALE: 1/16" = 1'-0" PLAN VIEW FULL PLAN VIEW - N.T.S.
6' High Property Divider
Luminaire ScheduleProject: STEVENS CREEK RESIDENTIAL - SITE Symbol Qty Label Arrangement 3000K Luminaire Lumens LLF Description Data Source Filename Lum. Watts 6 A1 Single 1350 STERNBERG PT-E250LED-RX-8L30T3-MDL008-SV1-XX - 8' L.C. ( 30 = 3000K CCT ) E250LED-8L-40-T3-MDL008-SV1.IES 18.52 A2 Single 1496 STERNBERG PT-E250LED-RX-8L30T2-MDL008-SV1-XX - 8' L.C. ( 30 = 3000K CCT ) E250LED-8L-40-T2-MDL008-SV1.IES 18.5 1 A3 Single 1414 STERNBERG PT-E250LED-RX-8L30T4-MDL008-SV1-XX - 8' L.C. ( 30 = 3000K CCT ) E250LED-8L-40-T4-MDL008-SV1.IES 18.5 60 B1 Single 1496 STERNBERG E250LED-XXXB-36IN-8L30T2-MDL008-SV1 - 3' L.C. ( 30 = 3000K CCT ) E250LED-8L-40-T2-MDL008-SV1.IES 18.5 3 B2 Single 1414 STERNBERG E250LED-XXXB-36IN-8L30T4-MDL008-SV1 - 3' L.C. ( 30 = 3000K CCT ) E250LED-8L-40-T4-MDL008-SV1.IES 18.5 2 C1 Single 1797 STERNBERG PT-E350LED-XF-12L30T3-MDL006-FL-XX - 15' L.C. ( 30 = 3000K CCT ) E350LED-12L-40-T3-MDL006-FL.IES 19.88 C2 Single 1797 STERNBERG PT-E350LED-XF-12L30T2-MDL006-FL-XX - 15' L.C. ( 30 = 3000K CCT ) E350LED-12L-40-T3-MDL006-FL.IES 19.86 C3 Single 1394 STERNBERG PT-E350LED-XF-12L30T3-MDL006-FL-BLOC- 15' L.C. ( BLOC = Back Light Optical Control ) 3000K E350LED-12L-40-T3-MDL006-FL-BLOC.IES 19.7 118 D Single 1503 0.850 GARDCO GBS-A01-830-T3M-VOLT-XX-XX-XX - 9' L.C. ( 30 = 3000K CCT ) gbs-a01-830-t3m-ies.ies 10.2 4 D1 Single 1467 0.850 GARDCO GBS-A01-830-T4M-VOLT-XX-XX-XX - 9' L.C. ( 30 = 3000K CCT ) gbs-a01-830-t4m-ies.ies 10.2 122 E Single 932 0.850 ALPHABET BETA-4Q-SW-10LM-30K-80-HE80-XX-XX-W-VOLT - 9' L.C. ( 30 = 3000K CCT ) BETA-4Q-SW-10LM-30K-80-HE80-WH-WH.ies 8.5 Calculation Summary
Project: STEVENS CREEK RESIDENTIAL - SITE
Label CalcType Units Avg Max Min Avg/Min Max/Min # Pts
A STREET Illuminance Fc 0.6 1.8 0.1 5.6 18.0 108
B STREET Illuminance Fc 1.4 2.1 0.1 14.4 21.0 103
C STREET Illuminance Fc 0.9 2.8 0.1 9.2 28.0 60
D STREET Illuminance Fc 1.7 2.6 0.3 5.7 8.7 66E STREET Illuminance Fc 0.6 1.7 0.1 5.6 17.0 77F STREET Illuminance Fc 1.3 1.7 0.5 2.7 3.4 38 G STREET Illuminance Fc 0.8 2.0 0.2 4.1 10.0 45
H STREET Illuminance Fc 1.6 2.3 0.4 3.9 5.8 57
I STREET Illuminance Fc 0.9 2.0 0.1 8.8 20.0 39
J STREET Illuminance Fc 1.6 2.3 0.6 2.6 3.8 39
K STREET Illuminance Fc 2.0 2.7 0.5 4.0 5.4 34L STREET Illuminance Fc 2.0 2.7 0.4 4.9 6.8 34 TYPICAL WALKING PATH A Illuminance Fc 10.1 36.4 2.0 5.0 18.2 24TYPICAL WALKING PATH B Illuminance Fc 2.4 6.5 0.4 6.0 16.3 36
0.8500.8500.8500.8500.8500.8500.8500.850
Note: Unless otherwise specified - the lamp lumen depreciation (LLD) for legacy sources used in these calculations is based on published mean lumen ratings by major lamp manufacturers; 0.80 LLD for pulse start metal halide; 0.90 LLD for high pressure sodium; 0.95 LLD forlinear T8 and T5 fluorescent; 0.86 LLD for compact fluorescent and induction; 0.88 LLD for Cosmo and Elite lamps. 0.94 LDD for all LED sources. Unless otherwise noted - 0.90 luminaire dirt depreciation (LDD) is commonly applied. In cases where appropriate - ballast factor (BF) is applied. Additional user defind factors (UDF) may be applied if necessary to represent luminaire performance to a higher degree of accruracy. Total light loss factor (LLF) is the product of all multiplied loss factors.
SCALE: 1” = 20’-0” L-11 0 20’ 40’ 80’ PHOTOMETRIC PLAN L4.4 2665
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2665 of 2882
GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: 1” = 20’-0” L-12 0 10’ 20’ 40’ TREE DISPOSITION PLAN L5.0 Tree Protection Recommendations Design Phase
x As the design progresses, ensure that the native grade is not disturbed within the temporary fencing area that is highlighted in the Tree Protection Plan that accompanies this report. o If encroachment is needed within the fenced area, discuss the impacts with the Project Arborist before finalizing the design.
o Additional tree protection measures may be needed, including but not limited to:
digging by hand or with air/water-assisted methods; providing supplemental irrigation; arborist monitoring during excavation. If the measures are not feasible, the trees may need to be removed. x If the off-site trees are surveyed, the Project Arborist shall review updated plans to determine whether the tree protection recommendations still apply. x Include a note in construction documents (on relevant sheets) that less invasive methods of excavation may be needed around trees #250-259 if significant roots are encountered within 12”-18” of existing grade. Methods may include but are not limited to air/water-assisted excavation tools, directional boring, hand digging, etc.
Pre-Demolition Phase
x Contractors:
o Inform all contractors and subcontractors of the significance of protecting the off-site trees, as the financial consequences for tree damage may be significant (both in city fees and claims from off-site tree owners). A pre-construction meeting may be needed to review the tree protection measures and work plan before demolition begins. o Keep your Project Arborist informed of the construction schedule, especially the excavation phases where monitoring or recommendations are needed. x Temporary tree fencing:
o Before equipment arrives on site, install temporary 6’ chain-link fencing around trees #2, 5, 7, 8, 10, 142, 143, 233, 252-258, 260 & 264 as noted on the Tree Protection Plan. o Leave additional fencing by tree #252 so the protection area can be expanded to include trees #250 & 251 after demolition is completed. o If the fencing location(s) will obstruct construction access, discuss other options with the Project Arborist.
o The fencing shall stay upright and secure throughout the project. To modify the fencing, consult the Project Arborist to determine what substitute tree protection measures are needed to provide the same degree of protection. Fencing shall not be moved or adjusted without the Project Arborist’s approval. x Pruning: Limit clearance pruning to the bare minimum, i.e. enough to just clear the air space needed for construction. Pruning shall be done by a tree service with a certified arborist onstaff, before construction begins. x Wood chips, optional: If desired, spread the wood chips generated by tree removal within the fenced areas. The wood chips will conserve water and contribute nutrients to the trees; they can also be left in place after construction.
Demolition Phase
x Remove every tree EXCEPT trees #2, 5, 7, 8, 10, 142, 143, 233, 252-258, 260 & 264 (249 trees to be removed; 20 trees to remain).
x After demolition is completed, extend the tree protection fencing to enclose trees #250 & 251 as noted on the Tree Protection Plan.
Construction Phase
x The Project Arborist shall be on-site during storm drain and retaining wall excavation by Canary Island pines #250-259. If significant roots are encountered within 12”-18” of existing grade, less invasive methods may be needed (e.g. air/water-assisted excavation methods; directional boring, hand digging). Once the storm drain is completed, fencing must be immediately reinstalled. x The Project Arborist shall also be on-site during grading for the road by coast live oak #264 and Brazilian pepper #266. Regularly moisten the soil by this tree with methods available during that phase of construction (e.g. water truck, soaker hoses). x If roots > 1” diameter are encountered during excavation or grading by coast live oak #260, consult the Project Arborist for recommendations.
x For Canary Island pines #142 & 143, hand excavate along the sidewalk within 8' of trunk.
Consult the Project Arborist for recommendations before root pruning. x For sidewalk pear trees #2, 5, 7, 8, 10 & 233, hand excavate around roots > 1” diameter or larger. Consult the Project Arborist for recommendations before root pruning. x All root pruning shall be completed with sharp tools (hand pruners, loppers, handsaw, Sawzall, or circular saw), making the smallest possible cut – perpendicular to the length of the root rather than at a diagonal. Roots must then be covered and kept moist until the soil is backfilled. x At any time, if damage occurs to any tree, immediately consult the Project Arborist for recommendations on how to mitigate the damage.
Post-Construction Phase
x If the Project Arborist deems it necessary during construction, supplemental irrigation should be provided for one growing season after construction is completed (~9 months). Atemporary option with soaker hoses may be used. The hoses should be laid out as close to the edge of the tree canopies as possible. Leave them at a slow drip rate for 8 hours once a month (overnight is ideal). The irrigation off-sets water stress that may result from root pruning.
TREE LEGEND
MATCHLINE - SEE NEXT SHEET
ALVES DRIVE
4 2666
CC 04-07-2026 Searchable Packet
2666 of 2882
GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL
TREE LEGEND
SCALE: 1” = 20’-0” L-13 0 10’ 20’ 40’ TREE DISPOSITION PLAN L5.1 Tree Protection Recommendations Design Phase
x As the design progresses, ensure that the native grade is not disturbed within the temporary fencing area that is highlighted in the Tree Protection Plan that accompanies this report. o If encroachment is needed within the fenced area, discuss the impacts with the Project Arborist before finalizing the design.
o Additional tree protection measures may be needed, including but not limited to:
digging by hand or with air/water-assisted methods; providing supplemental irrigation; arborist monitoring during excavation. If the measures are not feasible, the trees may need to be removed. x If the off-site trees are surveyed, the Project Arborist shall review updated plans to determine whether the tree protection recommendations still apply. x Include a note in construction documents (on relevant sheets) that less invasive methods of excavation may be needed around trees #250-259 if significant roots are encountered within 12”-18” of existing grade. Methods may include but are not limited to air/water-assisted excavation tools, directional boring, hand digging, etc.
Pre-Demolition Phase
x Contractors:
o Inform all contractors and subcontractors of the significance of protecting the off-site trees, as the financial consequences for tree damage may be significant (both in city fees and claims from off-site tree owners). A pre-construction meeting may be needed to review the tree protection measures and work plan before demolition begins. o Keep your Project Arborist informed of the construction schedule, especially the excavation phases where monitoring or recommendations are needed. x Temporary tree fencing:
o Before equipment arrives on site, install temporary 6’ chain-link fencing around trees #2, 5, 7, 8, 10, 142, 143, 233, 252-258, 260 & 264 as noted on the Tree Protection Plan. o Leave additional fencing by tree #252 so the protection area can be expanded to include trees #250 & 251 after demolition is completed. o If the fencing location(s) will obstruct construction access, discuss other options with the Project Arborist.
o The fencing shall stay upright and secure throughout the project. To modify the fencing, consult the Project Arborist to determine what substitute tree protection measures are needed to provide the same degree of protection. Fencing shall not be moved or adjusted without the Project Arborist’s approval. x Pruning: Limit clearance pruning to the bare minimum, i.e. enough to just clear the air space needed for construction. Pruning shall be done by a tree service with a certified arborist onstaff, before construction begins. x Wood chips, optional: If desired, spread the wood chips generated by tree removal within the fenced areas. The wood chips will conserve water and contribute nutrients to the trees; they can also be left in place after construction.
Demolition Phase
x Remove every tree EXCEPT trees #2, 5, 7, 8, 10, 142, 143, 233, 252-258, 260 & 264 (249 trees to be removed; 20 trees to remain).
x After demolition is completed, extend the tree protection fencing to enclose trees #250 & 251 as noted on the Tree Protection Plan.
Construction Phase
x The Project Arborist shall be on-site during storm drain and retaining wall excavation by Canary Island pines #250-259. If significant roots are encountered within 12”-18” of existing grade, less invasive methods may be needed (e.g. air/water-assisted excavation methods; directional boring, hand digging). Once the storm drain is completed, fencing must be immediately reinstalled. x The Project Arborist shall also be on-site during grading for the road by coast live oak #264 and Brazilian pepper #266. Regularly moisten the soil by this tree with methods available during that phase of construction (e.g. water truck, soaker hoses). x If roots > 1” diameter are encountered during excavation or grading by coast live oak #260, consult the Project Arborist for recommendations.
x For Canary Island pines #142 & 143, hand excavate along the sidewalk within 8' of trunk.
Consult the Project Arborist for recommendations before root pruning. x For sidewalk pear trees #2, 5, 7, 8, 10 & 233, hand excavate around roots > 1” diameter or larger. Consult the Project Arborist for recommendations before root pruning. x All root pruning shall be completed with sharp tools (hand pruners, loppers, handsaw, Sawzall, or circular saw), making the smallest possible cut – perpendicular to the length of the root rather than at a diagonal. Roots must then be covered and kept moist until the soil is backfilled. x At any time, if damage occurs to any tree, immediately consult the Project Arborist for recommendations on how to mitigate the damage.
Post-Construction Phase
x If the Project Arborist deems it necessary during construction, supplemental irrigation should be provided for one growing season after construction is completed (~9 months). Atemporary option with soaker hoses may be used. The hoses should be laid out as close to the edge of the tree canopies as possible. Leave them at a slow drip rate for 8 hours once a month (overnight is ideal). The irrigation off-sets water stress that may result from root pruning.
MATCHLINE - SEE PREVIOUS SHEET
STEVENS CREEK BLVD
4 2667
CC 04-07-2026 Searchable Packet
2667 of 2882
GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL Tree
# Species
DBH
(or multi
total)
Tree
Elevations at
Base Replacement Size
Appraisal
Value
Trees for
Preservation
on/off site
1 Callery pear 8.5 258.8 24" box $351.72
2 Callery pear 8 258.4 24" box $351.72 PROTECT - On3 Callery pear 8.5 258.9 24" box $351.724 Callery pear 5 258.7 24" box $351.725 Callery pear 10 258.5 24" box $351.72 PROTECT - On6 Callery pear 7 258.8 24" box $351.727 Callery pear 9 258.9 24" box $351.72 PROTECT - On8 Callery pear 9 258.9 24" box $351.72 PROTECT - On9 Callery pear 7.5 259.1 24" box $351.72 10 Callery pear 9 259.5 24" box $351.72 PROTECT - On
11 Purple leaf plum 9 259.8 24" box $351.72
12 Purple leaf plum 7.5 259.8 24" box $351.7213 Purple leaf plum 6.5 259.8 24" box $351.7214 Purple leaf plum 8 259.6 24" box $351.7215 Hackberry 5.5 258.8 24" box $351.7216 Sweet bay 3 259.1 24" box $351.7217 Hackberry 7 258.5 24" box $351.7218 Sweet bay 5.5 259.1 24" box $351.7219 Hackberry 11 258.3 24" box $351.7220 Chinese pistache 7 257.6 24" box $351.7221 Chinese pistache 7 256.8 24" box $351.7222 Hackberry 9.5 257.5 24" box $351.7223 Hackberry 8.5 258.1 24" box $351.7224 Hackberry 8.5 257.8 24" box $351.7225 Hackberry 8 257.9 24" box $351.7226 Hackberry 9 258.2 24" box $351.7227 Hackberry 5.5 258.3 24" box $351.7228 Hackberry 10.5 258.8 24" box $351.7229 Hackberry 6.5 259.0 24" box $351.7230 Hackberry 6 259.3 24" box $351.7231 Coast redwood 20 257.3 (2) 24" box or 36" box $848.4432 Coast redwood 16 257.2 (2) 24" box or 36" box $848.4433 Coast redwood 20 256.5 (2) 24" box or 36" box $848.4434 Coast redwood 22 256.2 (2) 24" box or 36" box $848.4435 Coast redwood 23 255.4 (2) 24" box or 36" box $848.4436 Coast redwood 19 257.1 (2) 24" box or 36" box $848.4437 Coast redwood 15.5 254.7 (2) 24" box or 36" box $848.4438 Coast redwood 30 258.8 (2) 24" box or 36" box $848.4439 Coast redwood 23 258.7 (2) 24" box or 36" box $848.4440 Coast redwood 24 258.5 (2) 24" box or 36" box $848.4441 Coast redwood 24.5 258.2 (2) 24" box or 36" box $848.4442 Water gum 3 258.2 24" box $351.7243 Water gum 5 258.1 24" box $351.7244 Sweet gum 13.5 258.2 (2) 24" box or 36" box $848.4445 Japanese maple 18.5 258.4 (2) 24" box or 36" box $848.4446 Crape myrtle 9.5 258.2 24" box $351.7247 Japanese maple (Bloodgood) 3 257.8 24" box $351.7248 Coast redwood 12 256.8 24" box $351.7249 Coast redwood 20 256.8 (2) 24" box or 36" box $848.4450 Coast redwood 28 256.8 (2) 24" box or 36" box $848.4451 Coast redwood 38.5 257.4 36" box $7,200.00 52 Coast redwood 50 257.0 36" box $13,100.00
53 Seaside pittosporum 7 257.4 24" box $351.72
54 Seaside pittosporum 12 256.1 24" box $351.7255 Seaside pittosporum 6.5 257.5 24" box $351.7256 Coast redwood 30.5 257.4 (2) 24" box or 36" box $848.4457 Coast redwood 24 257.4 (2) 24" box or 36" box $848.4458 Coast redwood 35 257.4 (2) 24" box or 36" box $848.4459 Coast redwood 26 257.3 (2) 24" box or 36" box $848.4460 Coast redwood 29 257.3 (2) 24" box or 36" box $848.4461 Coast redwood 32 256.9 (2) 24" box or 36" box $848.4462 Coast redwood 25.5 257.4 (2) 24" box or 36" box $848.4463 Coast redwood 27 256.3 (2) 24" box or 36" box $848.4464 Coast redwood 17 257.9 (2) 24" box or 36" box $848.4465 Bottlebrush 11.5 256.9 24" box $351.7266 Bottlebrush 12.5 256.8 (2) 24" box or 36" box $848.4467 Coast redwood 14.5 257.4 (2) 24" box or 36" box $848.4468 Coast redwood 16.5 258.4 (2) 24" box or 36" box $848.4469 Bottlebrush 4 256.7 24" box $351.7270 Coast redwood 20.5 258.3 (2) 24" box or 36" box $848.4471 Bottlebrush 9 256.2 24" box $351.7272 Coast redwood 21 256.4 (2) 24" box or 36" box $848.4473 Coast redwood 5 258.3 24" box $351.7274 Coast redwood 24.5 258.7 (2) 24" box or 36" box $848.44 L-14 TREE MITIGATION
75 Coast redwood 32.5 257.5 (2) 24" box or 36" box $848.44 76 Seaside pittosporum 10.5 255.8 24" box $351.7277 Seaside pittosporum 10.5 257.4 24" box $351.7278 Bottlebrush 13 256.4 24" box $351.7279 Coast redwood 15 257.6 (2) 24" box or 36" box $848.4480 Bottlebrush 10.5 255.9 24" box $351.7281 Bottlebrush 9.5 256.0 24" box $351.7282 Bottlebrush 5.5 256.0 24" box $351.7283 Coast redwood 21 257.8 (2) 24" box or 36" box $848.4484 Bottlebrush 14 256.4 (2) 24" box or 36" box $848.4485 Coast redwood 23.5 257.9 (2) 24" box or 36" box $848.4486 Bottlebrush 13.5 255.7 (2) 24" box or 36" box $848.4487 Bottlebrush 6.5 254.9 24" box $351.7288 Bottlebrush 18.5 254.4 (2) 24" box or 36" box $848.4489 African fern pine 12 258.8 24" box $351.7290 African fern pine 20 258.8 (2) 24" box or 36" box $848.4491 African fern pine 20 258.6 (2) 24" box or 36" box $848.4492 Japanese maple 6 257.9 24" box $351.7293 Japanese maple 2 257.2 24" box $351.7294 Japanese maple 11 257.5 24" box $351.7295 Japanese maple (Bloodgood) 11 257.5 24" box $351.7296 Japanese maple 10 257.5 24" box $351.7297 Japanese maple 16 257.5 (2) 24" box or 36" box $848.4498 Japanese maple 8 257.5 24" box $351.7299 Japanese maple (Bloodgood) 12.5 257.3 (2) 24" box or 36" box $848.44 100 Japanese maple (CV) 11 257.3 24" box $351.72101 Japanese maple (Bloodgood) 14.5 257.2 (2) 24" box or 36" box $848.44102 Japanese maple (Sango-kaku) 11 257.5 24" box $351.72103 Japanese maple (Sango-kaku) 10 257.4 24" box $351.72104 Japanese maple (Bloodgood) 3.5 257.5 24" box $351.72105 Shrub - omitted 0 257.3 0 $0.00 106 Japanese maple (Sango-kaku) 8.5 257.7 24" box $351.72 107 Japanese maple (Sango-kaku) 3 257.3 24" box $351.72108 Japanese maple 7 257.2 24" box $351.72109 Japanese maple 8.5 257.2 24" box $351.72110 Japanese maple (Bloodgood) 5.5 257.2 24" box $351.72111 Crape myrtle 8.5 257.6 24" box $351.72112 Crape myrtle 7.5 257.6 24" box $351.72113 Water gum 4.5 257.3 24" box $351.72114 Sweet gum 13 257.4 (2) 24" box or 36" box $848.44115 Coast redwood 34.5 257.3 (2) 24" box or 36" box $848.44116 Crape myrtle 9.5 258.0 24" box $351.72117 Water gum 4.5 256.9 24" box $351.72118 Crape myrtle 8 257.2 24" box $351.72119 Crape myrtle 5 256.8 24" box $351.72120 Sweet gum 11 256.6 24" box $351.72121 Sweet gum 11 256.7 24" box $351.72122 Sweet gum 11 256.8 24" box $351.72123 Sweet gum 13 255.7 (2) 24" box or 36" box $848.44124 Sweet gum 9.5 255.8 24" box $351.72125 Sweet gum 33.5 255.7 (2) 24" box or 36" box $848.44126 Coast redwood 12 255.8 24" box $351.72127 Coast redwood 20.5 255.9 (2) 24" box or 36" box $848.44128 Coast redwood 36.5 255.8 36" box $10,300.00 129 Coast redwood 35 256.9 (2) 24" box or 36" box $848.44 130 Coast redwood 32.5 255.8 (2) 24" box or 36" box $848.44131 Coast redwood 34.5 255.6 (2) 24" box or 36" box $848.44132 Coast redwood 35 255.4 (2) 24" box or 36" box $848.44133 White birch 12 255.7 24" box $351.72134 White birch 11.5 254.8 24" box $351.72135 Crape myrtle 19 256.1 (2) 24" box or 36" box $848.44136 Crape myrtle 2 257.3 24" box $351.72137 Deodar cedar 27.5 257.8 (2) 24" box or 36" box $848.44138 Deodar cedar 22 257.8 (2) 24" box or 36" box $848.44139 Monterey pine 26.5 258.4 (2) 24" box or 36" box $848.44140 Crape myrtle 1.5 258.2 24" box $351.72141 Olive 24.5 258.6 (2) 24" box or 36" box $848.44142 Canary Island pine 17 258.7 (2) 24" box or 36" box $848.44 PROTECT - On 143 Canary Island pine 19.5 259.1 (2) 24" box or 36" box $848.44 PROTECT - On144 Canary Island pine 15.5 258.8 (2) 24" box or 36" box $848.44 145 Coast redwood 8 258.4 24" box $351.72146 Coast redwood 9.5 258.2 24" box $351.72147 Coast redwood 9.5 257.7 24" box $351.72148 Coast redwood 7.5 257.6 24" box $351.72149 Crape myrtle 38 257.3 36" box $11,700.00 150 Purple leaf plum 31.5 256.6 (2) 24" box or 36" box $848.44 151 Crape myrtle 8 256.6 24" box $351.72
Tree
# Species
DBH
(or multi
total)
Tree
Elevations at
Base Replacement Size
Appraisal
Value
Trees for
Preservation
on/off site
152 Crape myrtle 9 257.2 24" box $351.72
153 Crape myrtle 8 257.5 24" box $351.72154 Crape myrtle 41.5 257.2 36" box $3,300.00 155 Crape myrtle 11 257.7 24" box $351.72
156 Crape myrtle 10.5 258.1 24" box $351.72157 Crape myrtle 18 257.7 (2) 24" box or 36" box $848.44158 Brisbane box 3.5 258.6 24" box $351.72159 Crape myrtle 15 258.4 (2) 24" box or 36" box $848.44160 Crape myrtle 14 259.2 (2) 24" box or 36" box $848.44161 Crape myrtle 9 259.4 24" box $351.72162 Evergreen pear 13 258.6 (2) 24" box or 36" box $848.44163 Evergreen pear 7.5 259.3 24" box $351.72164 Evergreen pear 12.5 259.4 (2) 24" box or 36" box $848.44165 Evergreen pear 16 259.7 (2) 24" box or 36" box $848.44166 Brazilian pepper 31.5 259.4 (2) 24" box or 36" box $848.44167 Evergreen pear 17.5 259.9 (2) 24" box or 36" box $848.44168 Evergreen pear 10 260.5 24" box $351.72169 Crape myrtle 15 260.4 (2) 24" box or 36" box $848.44170 Coast redwood 26 256.5 (2) 24" box or 36" box $848.44171 Coast redwood 14 258.3 (2) 24" box or 36" box $848.44172 Coast redwood 11 258.1 24" box $351.72173 Coast redwood 11.5 257.8 24" box $351.72174 Sweet gum 7.5 259.1 24" box $351.72175 Sweet gum 8 257.7 24" box $351.72176 Coast redwood 17.5 259.1 (2) 24" box or 36" box $848.44177 Coast redwood 10.5 256.9 24" box $351.72178 Coast redwood 11.5 258.1 24" box $351.72179 Sweet gum 11 258.1 24" box $351.72180 Coast redwood 11 257.6 24" box $351.72181 Coast redwood 21.5 258.3 (2) 24" box or 36" box $848.44182 Coast redwood 21 259.0 (2) 24" box or 36" box $848.44183 Coast redwood 23 259.2 (2) 24" box or 36" box $848.44184 Coast redwood 23 259.1 (2) 24" box or 36" box $848.44185 Crape myrtle 4.5 259.4 24" box $351.72186 Crape myrtle 5.5 259.3 24" box $351.72187 Crape myrtle 6 260.3 24" box $351.72188 Crape myrtle 12 260.3 24" box $351.72189 Japanese maple (Bloodgood) 7 260.1 24" box $351.72190 Japanese maple (Bloodgood) 6 259.3 24" box $351.72191 Crape myrtle 10 259.7 24" box $351.72192 Crape myrtle 15.5 260.0 (2) 24" box or 36" box $848.44193 Crape myrtle 5.5 259.0 24" box $351.72194 Crape myrtle 6 259.3 24" box $351.72195 Water gum 3.5 258.2 24" box $351.72196 Sweet gum 15 259.3 (2) 24" box or 36" box $848.44197 Sweet gum 11.5 257.5 24" box $351.72198 Sweet gum 13 257.8 (2) 24" box or 36" box $848.44199 Water gum 3 258.0 24" box $351.72200 Coast redwood 35 258.1 (2) 24" box or 36" box $848.44201 Coast redwood 35.5 258.2 (2) 24" box or 36" box $848.44202 Water gum 4 257.2 24" box $351.72203 Sweet gum 13.5 258.2 (2) 24" box or 36" box $848.44204 Water gum 5 256.6 24" box $351.72205 Sweet gum 11.5 257.5 24" box $351.72206 Sweet gum 14 257.6 (2) 24" box or 36" box $848.44207 Japanese maple 6 259.7 24" box $351.72208 Japanese maple (Bloodgood) 11.5 259.7 24" box $351.72209 Japanese maple (Bloodgood) 8 259.7 24" box $351.72210 Japanese maple (Bloodgood) 8 259.3 24" box $351.72211 Japanese maple (Sango-kaku) 11 259.9 24" box $351.72212 Japanese maple 3.5 259.3 24" box $351.72213 Japanese maple 7 259.9 24" box $351.72214 African fern pine 23.5 260.0 (2) 24" box or 36" box $848.44215 Japanese maple (Bloodgood) 7.5 259.3 24" box $351.72216 Japanese maple 7.5 259.3 24" box $351.72217 Japanese maple (Bloodgood) 8.5 259.4 24" box $351.72218 Japanese maple (Bloodgood) - p 7.5 259.6 24" box $351.72219 Japanese maple (Bloodgood) - p 6.5 259.7 24" box $351.72220 African fern pine 16 257.6 (2) 24" box or 36" box $848.44221 Coast redwood 26.5 261.2 (2) 24" box or 36" box $848.44222 Coast redwood 19 259.6 (2) 24" box or 36" box $848.44223 Coast redwood 27.5 260.6 (2) 24" box or 36" box $848.44224 Japanese maple (Bloodgood) 2 262.4 24" box $351.72225 Japanese maple (Bloodgood) 2 262.4 24" box $351.72226 Japanese maple (Bloodgood) 2 262.4 24" box $351.72227 Sweet gum 10.5 262.0 24" box $351.72228 Sweet gum 17 261.6 (2) 24" box or 36" box $848.44 229 Sweet gum 16 261.4 (2) 24" box or 36" box $848.44
230 Coast redwood 38 261.2 36" box $11,700.00
231 Crape myrtle 26 261.3 (2) 24" box or 36" box $848.44 232 Crape myrtle 25 263.1 (2) 24" box or 36" box $848.44233 Callery pear 12.5 261.9 (2) 24" box or 36" box $848.44 PROTECT - On234 Crape myrtle 30 261.5 (2) 24" box or 36" box $848.44235 Coast redwood 34.5 263.6 (2) 24" box or 36" box $848.44236 Coast redwood 25 260.2 (2) 24" box or 36" box $848.44237 Coast redwood 21.5 261.4 (2) 24" box or 36" box $848.44238 Coast redwood 27.5 262.3 (2) 24" box or 36" box $848.44239 Coast redwood 26.5 262.4 (2) 24" box or 36" box $848.44240 Coast redwood 27 262.4 (2) 24" box or 36" box $848.44241 Coast redwood 3.5 262.5 24" box $351.72242 Coast redwood 27.5 262.5 (2) 24" box or 36" box $848.44243 Coast redwood 21 262.5 (2) 24" box or 36" box $848.44244 Coast redwood 28 262.5 (2) 24" box or 36" box $848.44245 Cheesewood 28 259.7 (2) 24" box or 36" box $848.44246 Cheesewood 7.5 255.3 24" box $351.72247 Cheesewood 4.5 255.6 24" box $351.72248 Cheesewood 9 256.1 24" box $351.72249 Brazilian pepper 17.5 260.9 (2) 24" box or 36" box $848.44250 Canary Island pine 12.5 263.3 (2) 24" box or 36" box $848.44 PROTECT - OFF251 Canary Island pine 12 263.2 24" box $351.72 PROTECT - OFF252 Canary Island pine 15 263.2 (2) 24" box or 36" box $848.44 PROTECT - OFF253 Canary Island pine 12 263.1 24" box $351.72 PROTECT - OFF254 Canary Island pine 14.5 263.1 (2) 24" box or 36" box $848.44 PROTECT - OFF255 Canary Island pine 17.5 263.0 (2) 24" box or 36" box $848.44 PROTECT - OFF256 Canary Island pine 13.5 263.0 (2) 24" box or 36" box $848.44 PROTECT - OFF257 Canary Island pine 14 263.0 (2) 24" box or 36" box $848.44 PROTECT - OFF258 Canary Island pine 14.5 263.0 (2) 24" box or 36" box $848.44 PROTECT - OFF259 Brazilian pepper 25 260.7 (2) 24" box or 36" box $848.44260 Coast live oak 16 262.3 (2) 24" box or 36" box $848.44 PROTECT - OFF261 Brazilian pepper 17 260.3 (2) 24" box or 36" box $848.44262 Brazilian pepper 55.5 259.8 0 $1,780.00 263 Bottlebrush 11 259.8 24" box $351.72
264 Coast live oak 14 260.3 (2) 24" box or 36" box $848.44 PROTECT - OFF265 Brazilian pepper 71.5 259.3 0 $2,460.00 266 Brazilian pepper 31 259.2 (2) 24" box or 36" box $848.44 PROTECT - OFF 267 Brazilian pepper 81.5 258.6 0 $5,900.00
268 Purple leaf plum 20 260.4 (2) 24" box or 36" box $848.44 269 Purple leaf plum 5 260.6 24" box $351.72270 Purple leaf plum 16 260.6 (2) 24" box or 36" box $848.44
TREE MITIGATION CHART
# Value
12 81
249 $ 204,505
151
143 $ 50,296
8 $ 6,788
$ 147,422
NOTE:24" box replacement cost: $ 22524" box installation cost: $ 126.72TOTAL: 351.72 $ 36" box replacement cost $ 59536" box installation cost $ 253.44 TOTAL $ 848.4436" box at $848.44
Unmitigated Balance# of Trees to Protect Off-Site# of Trees to Protect On-SiteTOTAL TREES REMOVEDTOTAL NEW TREES 24" box at $351.72
#105 omitted
L5.2
Tree
# Species
DBH
(or multi
total)
Tree
Elevations at
Base Replacement Size
Appraisal
Value
Trees for
Preservation
on/off site
Tree
# Species
DBH
(or multi
total)
Tree
Elevations at
Base Replacement Size
Appraisal
Value
Trees for
Preservation
on/off site
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL XXXXXX
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Quercus virginiana ‘Cathedral’Cathedral Live Oak36” box, (8) Lagerstroemia i. x f.Crape Myrtle24” box, (29)
Ginkgo biloba ‘Princeton Sentry’ Ginkgo Princeton Sentry24” box, (10)Acer rubrum ‘Armstrong‘Armstrong Maple24” box, (20) Cercis canadensisEastern Red Bud24” box, (38)
Tristania confertaBrisbane Box24” box, (12)
Ulmus x ‘Frontier’Frontier Hybrid Elm24” box, (27)
Pyrus calleryana (to match existing)Callery Pear (Street Tree)24” box, (4) SCALE: 1” = 20’-0” L-15 0 10’ 20’ 40’ TREE PLAN L5.3
Existing Canary Island Pine Trees (2) to Remain
MATCHLINE - SEE NEXT SHEET
F STREET
G STREET
H STREET J STREET
I STREET
B STREET
ALVES DRIVE
A STREET
4 4
2669
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL XXX
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Quercus virginiana ‘Cathedral’Cathedral Live Oak36” box, (8) SCALE: 1” = 20’-0” L-16 0 10’ 20’ 40’ TREE PLAN L5.4
XX MATCHLINE - SEE PREVIOUS SHEET X
Existing Callery Pear Trees (6) to Remain
Lagerstroemia i. x f.Crape Myrtle24” box, (29)
Ginkgo biloba ‘Princeton Sentry’ Ginkgo Princeton Sentry24” box, (10)Acer rubrum ‘Armstrong‘Armstrong Maple24” box, (20) Cercis canadensisEastern Red Bud24” box, (38)
Tristania confertaBrisbane Box24” box, (12)
Ulmus x ‘Frontier’Frontier Hybrid Elm24” box, (27)
Pyrus calleryana (to match existing)Callery Pear (Street Tree)24” box, (4)
STEVENS CREEK BLVD
K STREET
D STREET
C STREET
L STREET
E STREET
4 2670
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: 1” = 20’-0” L-17 0 10’ 20’ 40’ TREE PROTECTION PLAN L5.5
MATCHLINE - SEE NEXT SHEET
STEVENS CREEK BLVD
4 2671
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: 1” = 20’-0” L-18 0 10’ 20’ 40’ TREE PROTECTION PLAN L5.6
MATCHLINE - SEE PREVIOUS SHEET
STEVENS CREEK BLVD
4 2672
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: 3/32” = 1’-0” L-19
STEVENS CREEK BLVD
ENLARGEMENT AND SECTION
0 1/2” 1” 2” L6.0
0 4’ 8’ 16’
3/16” = 1’-0”
0 10’ 20’
0 1/2” 1” 2”
KEY MAP
6 5
4 3 2 1
11 11
10’W Planted Parkway Strip 6’W Sidewalk10’ - 8’2”W Planted Parkway Strip4’W SidewalkExisting TreeNew TreeAccent Concrete Paving at EntriesConcrete Pavers to match Cupertino Heart of the City Specific Plan standardsStamped Asphalt Crosswalk26’ Landscape EasementLadder PadScreening Shrubs at TransformersTransformers6’H Wood Good Neighbor Fence8’H Masonry Wall 1267345
1 6
6 4
PLANSECTION A
Connection to Existing Walk
Connection to Existing Walk
5 2
3 8
7 8
9 9
10 10
A
A
11 12
12 12
13 13
STEVENS CREEK BLVD
K STREET L STREET
E STREET
4 2673
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: L-20
ALVES DRIVE
ENLARGEMENT AND SECTION L6.1
0 4’ 8’ 16’
3/16” = 1’-0”
3/32” = 1’-0”
0 1/2” 1” 2”0 10’ 20’
0 1/2” 1” 2”
KEY MAP
1 ALVES DRIVE
SidewalkResident WalkwaysStreet TreeExisting Trees to RemainStamped Asphalt CrosswalkLadder Pad6’H Wood Good Neighbor Fence 123
1 2
Connection to Existing Walk
PLANSECTION B
3 4 3
4 5
5 B B
6 6
6 F STREET
A STREET
4 2674
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE:
KEY MAP
L-21 COMMON OPEN SPACE 3/32” = 1’-0” ENLARGEMENT L6.2 0 1/2” 1” 2” 0 10’ 20’ 0 1/2” 1” 2” Central Gathering Area with Shade and Concrete PaversMounded Lawn LawnPicnic Area with Low WallSeating Area with Concrete Stones, Accent Paving, and Trees in GratesBar Height Work Station 126
78 345
6 7
3 4
8 1 5
9 10
9 11
10 10
Seating with ShadeShade TreesSmall Screen TreesSidewalkPublic Art Stamped Asphalt CrosswalkLadder Pad8’ Masonry Wall 11 2
12 12
4 13
13 13
B STREET
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: 1” = 10’-0”
KEY MAP
L-22
TOWNHOME PASEO
ENLARGEMENT
0 5’ 10’ 20’ L6.3
MailboxesLadder Pad36”Ht Landscape Wall6’H Wood Good Neighbor Fence8’H Masonry Wall 12345
1 2 3
4 67
5 6
7 1
8 8
5 Small Gathering Area with Seat WallAccent Concrete PavingBenchSidewalkConcrete Seat StonesSmall Accent TreesShade TreeStamped Asphalt Crosswalk 9 10
9 10 10
6 2
E STREET
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: 1” = 10’-0”
KEY MAP
L-23
SINGLE FAMILY HOMES PASEO
ENLARGEMENT
0 5’ 10’ 20’ L6.4
Small Gathering Area Accent Concrete Paving at EntriesSidewalkSmall Accent TreesShade TreeBenchStamped Asphalt CrosswalkLadder Pad6’H Wood Good Neighbor Fence8’H Masonry Wall 12345
1 2
3 4
5 6
6 7
7 8
8 8
A STREET
B STREETH STREET
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL L-24
MATERIALS AND
SITE FURNITURE L7.0
PAVING MATERIALSSITE ACCESSORIES
SEATING
8’ Masonry Wall 6’H Wood Good Neighbor FenceFENCE AND WALL MATERIALS Stamped Asphalt Crosswalk Pedestrian Concrete Paving Accent Paving Concrete Pavers 2678
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL L-25
PLANT PALETTE L8.0
SHRUBSTREES
Achillea millefolium Callistemon viminalis ‘Little John’Carex divulsa Alyogyne heugelii
Chondropetalum tectorum
Agave ‘Mateo’
Cistus
Baccharis pilularis ‘Pigeon Point’
Carpenteria californica Coprosma kirkii ‘Variegata’Bush Anemone Common Yarrow Little John Weeping BottlebrushEuropean Grey Sedge Carex tumulicolaFoothill Sedge
Blue Hibiscus
Small Cape Rush
Matthew’s Agave
Rockrose
Pigeon Point Coyote Bush
Creeping Mirror Plant
Arctostaphylos manzanita ‘Dr. Hurd’Dr. Hurd Manzanita
Arbutus unedoStrawberry Tree Shrub
Quercus virginiana ‘SDLN’Cathedral Live Oak
Gingko biloba ‘Princeton Sentry’Princeton Sentry Gingko Cercis candensis Eastern Redbud
Acer rubrum ‘Armstrong‘Armstrong Maple
Lagerstroemia indica x fauriei Crape Myrtle
Ulmus x ‘New Frontier’Frontier Hybrid Elm
Pyrus calleryanaCallery Pear (to match existing)STREET TREES Tristania confertaBrisbane Box
Cotinus coggygria ‘Royal Purple’Royal Purple Smoke Tree 4 2679
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL L-26
PLANT PALETTE L8.1
SHRUBS
Encelia californica
Juncus patens Mimulus aurantiacusMuhlenbergia capillaris ‘Regal Mist’ Dietes
Muhlenbergia dubia
Lavandula angustifolia Lomandra longifolia ‘Breeze’
Myrtus communis
Lantana montevidensis
Myrtus communis ‘Compacta’
Leucospermum x ‘Sunrise’Nandina domestica
Euonymus japonicus ‘Green Spire’
Nepeta x ‘Walker’s Low’
Iris douglasiana
California Encelia Douglas Iris
California Gray Rush Stickey MonkeyflowerRegal Mist Pink Muhly Grass Fornight Lily
Pine Muhly
English Lavender Breeze Dwarf Mat Rush
Common Myrtle
Purple Trailing Lantana
Dwarf Common Myrtle
Sunrise Salmon PincushionHeavenly Bamboo
Japanese Euonymus
Walker’s Low Catmint
Lavatera maritimaTree Mallow
Epilobium canum California Fuchsia
Festuca maireiAtlas Fescue
Hesperaloe parviflora ‘Perpa’Brakelights Red Yucca
Perovskia atriplicifoliaRussian Sage
2680
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL ®
1" = 20'-0"
0 10 20 40
SCALE:
PLANT PALETTE
AND LIST L8.2
PLANT LIST
Salvia x ‘Bee’s Bliss’
Rhaphiolepis umbellata ‘Minor’
Delta Bluegrass Co. 90/10 Tall Fescue
Santolina chamaecyparissus ‘Nana’Pittosporum tenuifolium Teucrium fruticans ‘Azureum’ Westringia fruticosa
Bees Bliss Sage
Dwarf Yedda Hawthorn
90/10 Tall Fescue Sod
Lavender Cotton
Yellow Wave New Zealand Flax
Azure Bush Germander Coast Rosemary
RosmarinusRosemary
LAWN / SOD
Percentage of SHRUBS designated L or VL by WUCOLS in Cupertino: 100%Percentage of TREES designated L or VL by WUCOLS in Cupertino: 38%TURF only provided in Common Open Space. No turf specified elsewhere on site Typical Screening for Above Grade Utilities (AC, Electric, Transformers, etc.)Scale: 1/4" = 1'-0" Plan Elevation
SCREENING SHRUBS
Phormium x ‘Yellow Wave’
Tawhiwhi
4 2681
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL
HYDROZONE CALCULATIONS
SCALE: 1” = 20’-0”
HYDROZONE AND COMMON
SPACE PLANS & CALCULATIONS
0 10’ 20’ 40’ L9.0
MATCHLINE - SEE NEXT SHEET
F STREET
G STREET
H STREET J STREET
I STREET
B STREET
ALVES DRIVE
A STREET
2682
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTALJANUARY 22, 2025 SECOND SUBMITTAL CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
12 AUGUST 5, 2025 THIRD SUBMITTAL3 NOVEMBER 5, 2025 FOURTH SUBMITTAL4 DECEMBER 24, 2025 FIFTH SUBMITTAL SCALE: 1” = 20’-0”
HYDROZONE AND COMMON
SPACE PLANS & CALCULATIONS
0 10’ 20’ 40’ L9.1
COMMON OPEN SPACE TOTAL 10,257 SFLANDSCAPE AREA: 7,353 SF = 72%HARDSCAPE AREA: 2,904 SF = 28% NET LOT AREA: 6.84 AC – 297,950 SFNET LOT AREA DEVOTED TO LANDSCAPING: 1.51 AC – 65,825 SF – 22%
MATCHLINE - SEE PREVIOUS SHEET
HYDROZONE CALCULATIONS
COMMON SPACE CALCULATIONS
NET LANDSCAPE AREA CALCULATION
STEVENS CREEK BLVD
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTAL
JANUARY 22, 2025 SECOND SUBMITTAL
CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
1 2 AUGUST 5, 2025 THIRD SUBMITTAL
3 NOVEMBER 5, 2025 FOURTH SUBMITTAL
4 DECEMBER 24, 2025 FIFTH SUBMITTAL
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CONCEPTUAL
PLANTING PLAN
0 10’ 20’ 40’
L10.0
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ALVES DRIVE
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MATCHLINE - SEE NEXT SHEET
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GENERAL PLANNING APPLICATION
SEPTEMBER 20, 2024 FIRST SUBMITTAL
JANUARY 22, 2025 SECOND SUBMITTAL
CUPERTINO, CA # 20240298
20807-20883 STEVENS CREEK BLVD
OWNERSHIP:
STEVENS CREEK OCA OWNER, LLC
180 Grand Ave, Ste. 1400
Oakland, CA 94612
1 2 AUGUST 5, 2025 THIRD SUBMITTAL
3 NOVEMBER 5, 2025 FOURTH SUBMITTAL
4 DECEMBER 24, 2025 FIFTH SUBMITTAL
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SCALE: 1” = 20’-0”
CONCEPTUAL
PLANTING PLAN
0 10’ 20’ 40’
L10.1
MATCHLINE - SEE PREVIOUS SHEET
STEVENS CREEK BLVD
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CUPERTINO, CA # 24-1311 20807-20887 STEVENS CREEK BLVD OWNERSHIP: STEVENS CREEK OCA OWNER, LLC 0 15 30 60 NO. SHEET TITLE ADDITIONAL INFORMATION 180 Grand Ave, Ste. 1400 Oakland, CA 94612 GENERAL PLANNING APPLICATION SEPTEMBER 20, 2024 FIRST SUBMITTAL 1 JANUARY 22, 2025 SECOND SUBMITTAL SL-1 ELECTROLIER TITLE SHEET EXISTING OFFSITE BLACK 240V
120V WIRING DIAGRAMS120V RED WHITE STREET LIGHTING SYSTEM SPLICE BOX: BASES: WORK RESPONSIBILITY SUPPLY & INSTALL SUPPLY & INSTALL LUMINAIRES: CONDUIT SUPPLY & INSTALL SUPPLY & INSTALL SUPPLY & INSTALL WIRE: PG&E ELECTRIC CONTRACTOR PG&E RATE SCHEDULE:____________ INSTALL IN JOINT TRENCH___________ INSTALL IN SEPARATE TRENCH________ SL 12" 18" Minimum Cover 6" STREET LIGHT ONLY TRENCH JOINT TRENCH C/L R/W X F/C STREET LIGHT POLE #6CU BARE CONNECT TO GROUND STUD 3-1/2 SPL. BOX STREET LIGHT BASE #8BARE CU GRND. WIRE GROUNDING DETAIL TYPICAL GRS CONDUIT WRAPPED IN 10MIL TAPE UNMETERED PEDESTAL THESE PLANS WERE PREPARED IN CONJUNCTION WITH THE FOLLOWING PLANS: RECEIVED STREET LIGHT LOCATIONS BY: SERVICE POINTS LANDSCAPE ARCHITECTURAL PLANS CIVIL IMPROVEMENT PLANS/GRADING PLANS. DATE APPROVED DATE PRELIM. PRELIM. PRELIM. PRELIM. PRELIM. PRELIM. 08-27-2024 08-08-2024 2686
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CUPERTINO, CA # 24-1311 20807-20887 STEVENS CREEK BLVD OWNERSHIP: STEVENS CREEK OCA OWNER, LLC 0 15 30 60 NO. SHEET TITLE ADDITIONAL INFORMATION 180 Grand Ave, Ste. 1400 Oakland, CA 94612 GENERAL PLANNING APPLICATION SEPTEMBER 20, 2024 FIRST SUBMITTAL 1 JANUARY 22, 2025 SECOND SUBMITTAL SL-2 ELECTROLIER OVERALL EXISTING OFFSITE 2687
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FO FO FO FO FO FO FO T T T T T T T CUPERTINO, CA # 24-1311 20807-20887 STEVENS CREEK BLVD OWNERSHIP: STEVENS CREEK OCA OWNER, LLC 0 15 30 60 NO. SHEET TITLE ADDITIONAL INFORMATION 180 Grand Ave, Ste. 1400 Oakland, CA 94612 GENERAL PLANNING APPLICATION SEPTEMBER 20, 2024 FIRST SUBMITTAL 1 JANUARY 22, 2025 SECOND SUBMITTAL SL-3 ELECTROLIER PLAN EXISTING OFFSITE 2688
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GAS GAS GAS
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CITY OF CUPERTINO
Agenda Item
26-14974 Agenda Date: 4/7/2026
Agenda #: 12.
Subject: Award of a consultant agreement with PlaceWorks, not to exceed $468,450, to prepare a Housing Element update (and internal consistency updates to the General Plan), related rezoning, and all necessary environmental review as required under State law, and associated budget modification in the amount of $660,00, to address requirements of Government Code Section 65863 (No Net Loss) and authorize no-cost contract change.
That the City Council:
1. Adopt Resolution No. 26-041 (Attachment A) to approve Budget Modification #2526-436 to increase appropriations in 100-71-702 750-101 (Fiscal Year 2025-26 Adopted Budget) by $660,000 for the fiscal year 2025-26 for the project; and
2. Award a consultant agreement with PlaceWorks for an amount not to exceed $468,450 for a Housing Element update, internal consistency updates to the General Plan, related rezoning, and all necessary environmental review as required under State law (Attachment B) and authorize execution thereof by the City Manager; and
3. Authorize the City Manager to approve contract amendments with PlaceWorks, up to an amount not to exceed $515,425 for additional unanticipated work that is related to the scope of the agreement.
CITY OF CUPERTINO Page 1 of 1 Printed on 4/3/2026
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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
Date: April 7, 2026
Subject
Award of a consultant agreement with PlaceWorks, not to exceed $468,450, to prepare a Housing Element update (and internal consistency updates to the General Plan), related rezoning, and all necessary environmental review as required under State law, and associated budget modification in the amount of $660,00, to address requirements of Government Code Section 65863 (No Net Loss) and authorize no-cost contract change orders.
Recommended Action
That the City Council:
1. Adopt Resolution No. ____ (Attachment A) to approve Budget Modification #2526-436 to increase appropriations in 100-71-702 750-101 (Fiscal Year 2025-26 Adopted Budget) by $660,000 for the fiscal year 2025-26 for the project.
2. Award a consultant agreement with PlaceWorks for an amount not to exceed $468,450 for a Housing Element update, internal consistency updates to the General Plan, related rezoning, and all necessary environmental review as required under State law (Attachment B) and authorize execution thereof by the City Manager;
3. Authorize the City Manager to approve contract amendments with PlaceWorks, up to an amount not to exceed $515,425 for additional unanticipated work that is related to the scope of the agreement.
Background
Government Code Section 65863 (No Net Loss) requires that when a city approves a development on a parcel identified in its Housing Element sites inventory with fewer units, or a different mix of affordability levels, than shown in its Housing Element, the city must either:
1. Make findings that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income level, or
2. Identify additional sites to again have sufficient Housing Priority Sites to accommodate the remaining unmet RHNA for each income category
3. Upzone existing Priority Housing Sites to accommodate additional residential capacity, so long as that upzoning can be realistically developed.
Due to the City’s approval of several residential developments on Housing Element Priority Housing Sites at both lower densities and with proportionally lower levels of lower and moderate income units than anticipated in the Housing Element, the City has been unable to make the No 2691
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Net Loss findings required by State law since mid-December 2025. Under State law, the City has 180 days from the date (December 16, 2025) that it was initially unable to make the No Net Loss findings to amend its Housing Element and bring it into compliance as it relates to SB 166 (No Net Loss law).
Since identification of the No Net Loss compliance issue, an informational memo1 was prepared and provided to City Council in January 2026 and a City Council study session was held to further discuss the issue on March 3, 20262. At the March 3 study session, Council discussed the item and provided general direction to staff. Since that meeting, staff has refined the scope and budget with PlaceWorks.
Reasons for Recommendation and Available Options
Staff recommends that the Council award this agreement to the selected consultant, PlaceWorks, since they were the principal consultant that prepared the City’s 6 th Cycle Housing Element,
certified by HCD in September 2024. PlaceWorks knowledge about the City’s Housing Element makes them uniquely capable of completing the project given the accelerated No Net Loss compliance timeline.
The scope of work includes:
1. Determining the current Housing Element site capacity and identifying additional capacity options, including preparing a site inventory
2. Rezoning assistance
3. Updating the Housing Element and coordinating HCD review
4. Addressing public comments
5. Consultant attendance at up to six outreach meetings
6. Environmental review
7. Tribal consultations, as required by state law
8. Attending up to four public meetings regarding adoption
9. Project management and coordination
The proposal contemplates dual environmental review pathways, since additional housing site locations have yet to be determined. The current contract amount, scope of work and budget appropriation contemplates the preparation of an Environmental Impact Report (EIR), should future analysis as the project evolves necessitate it. An EIR is the highest-level environmental review document that can be prepared, so the overall cost of the project and time spent working on it could be reduced if preparation of an EIR is not required.
Sustainability Impact
None.
1 Informational Memo dated January 30, 2026 re: Housing Element No Net Loss Law Requirements https://www.cupertino.gov/Your-City/City-Council/Council-Informational-Memos#docaccess6ad879b60c69cfbe85060c41fbd24401479528acee6414081c5061679532e974 2 Staff report, meeting materials and video of meeting available online at calendar.cupertino.org/agenda and at this link: .
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Fiscal Impact
This scope of work to address No Net Loss was not foreseen and was, therefore, not budgeted for in the FY25-26 Adopted Budget. As a result, staff is requesting Budget Modification No. 2526-436 to authorize an appropriation in the amount of $660,000 in 100-71-702 750-101 to account for estimated consultant costs (including a contingency for consultant work), project noticing (e.g. legal ads, notices, etc.), legal review fees, and an overall project contingency. These appropriations will be funded from the unassigned fund balance in the General Fund.
Estimated expenses
Maximum Consultant (PlaceWorks) Costs3 $515,295
Noticing $8,705
Legal Review Fees $50,000
Project Contingency (~15%)4 $86,000
Totals $660,000
City Work Program (CWP) Item/Description
None
Council Goal
Housing
California Environmental Quality Act
Award of this contract or Council’s action related to the appropriation is not a project under CEQA.
_____________________________________
Prepared by: Piu Ghosh, Planning Manager
Reviewed by: Luke Connolly, Acting Director of Community Development Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Draft Resolution
B – Contract, Scope of Work, & Fee estimate
3 Consultant total includes CEQA EIR Option, Associated Rezoning and ~10% contingency. 4 Project contingency to account for additional meetings, outreach, noticing, and/or subconsultants. 2693
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RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONSULTANT AGREEMENT WITH PLACEWORKS, AND
APPROVING BUDGET MODIFICATION #2526-XXX FOR THE FISCAL
YEAR 2025-26 FOR A HOUSING ELEMENT UPDATE, INCLUDING
INTERNAL CONSISTENTY UPDATES TO THE GENERAL PLAN, RELATED
REZONING, AND ALL NECESSARY ENVIRONMENTAL REVIEW
AS REQUIRED UNDER STATE LAW.
________________________________________________________________________ WHEREAS, the Housing Element of the General Plan is required to maintain an inventory of housing sites which will accommodate the City’s Regional Housing Needs Allocation (RHNA) by income level at all times during the Planning period (2023-2031); and
WHEREAS, beginning December 16, 2025, the City has been unable to make the necessary findings of no net loss pursuant to Government Code Section 65863; and
WHEREAS, pursuant to state law, the City has 180 days to identify and complete rezoning to find additional sites to accommodate the City’s remaining unmet RHNA by income level from December 16, 2025; and
WHEREAS, the City Council has directed staff to begin the process of finding additional sites to comply with state law;
WHEREAS, Placeworks assisted the City with its update the 6th Cycle Housing Element between 2022 and 2024, and has familiarity with the City and its adopted policy documents and geography; and
WHEREAS, Placeworks submitted a proposal on March 2, 2026 to assist with updating the Housing Element to address the requirements of state law related to no net loss; and
WHEREAS, Staff is recommending that Council award a consultant agreement to Placeworks, and authorize the City Manager to make change orders to said agreement, for the update to the Housing Element, associated General Plan amendments, rezoning and all necessary environmental review as required under state law to comply with the requirements of Government Code Section 65863; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve Budget Modification #2526-436 to increase appropriations in 100-71-702 2694
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Resolution No. __________________
750-101 by $660,000 for an update to the Housing Element, associated General Plan amendments, rezoning and all necessary environmental review as required under state law to comply with the requirements of Government Code Section 65863 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7
th day of April, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
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Housing Element Amendment and Rezone Assistance
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and PLACEWORKS, INC (“Contractor”), a Corporation for Housing Element Amendment and Rezone Assistance, and is effective on the last date signed below (“Effective Date”).
2. SERVICES
2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on August 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
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4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $468,450.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from theCity.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible 2697
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for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval ofCity.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license feesrequired for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights,City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
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Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic lossresulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; 2699
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(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothingin the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, 2700
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age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Piu Ghosh as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Jennifer Gastelum as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
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City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
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The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Piu Ghosh
Email: [email protected]
To Contractor: PLACEWORKS, INC
2040 Bancroft Way, Suite 400
Berkeley Ca 94704
Attention: Jennifer Gastelum
Email: [email protected]
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. 2703
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CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
APPROVED AS TO FORM:
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
LAUREN SAPUDAR
City Clerk
Date
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March 2, 2026
Submitted via email
Subject: City of Cupertino : Housing Element Amendment, and Rezone Assistance Dear Luke:
Please accept the following scope of work to support the City of Cupertino in preparing an amendment to the Housing Element to address the City’s potential Senate Bill (SB) 166 shortfall.
PlaceWorks understands that several City-approved projects listed in the Housing Element are being developed with income categories that differ from those originally assumed. This shift reduces the overall housing capacity the City is relying on to meet its remaining RHNA obligations. Because of this, the City must continually verify that adequate capacity still exists to accommodate the remaining RHNA.
We welcome the opportunity to discuss the proposed scope and cost with the City and revise our approach as needed to align with your budget and priorities.
SCOPE OF WORK
Determine Current Site Capacity
PlaceWorks will work with City staff to update the Housing Element sites list to reflect any changes since adoption and determine if the city has any SB 166 or SB 330 capacity issues.
1.1 Capacity on Current Sites List
PlaceWorks will evaluate the Housing Element sites list to identify sites that have been developed or have projects that are approved or pending. PlaceWorks will then identify the affordability of each development to determine the City’s current standing in meeting the RHNA and determine the remaining sites inventory capacity.
1.2 Approved Projects Not Originally Included in the Housing Element PlaceWorks will work with staff to determine projects and individual sites that have been approved, have permits issued, or are developed on sites not included in the Housing Element. This capacity will provide the remaining RHNA that needs to be accommodated for the rest of the planning period. 2705
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1.3 No Net Loss Tracker
PlaceWorks will prepare a Microsoft Excel–based No-Net-Loss Tracker to monitor the City’s Housing Element inventory. This tracker can be maintained by city staff and updated on an ongoing basis with adjusted income levels and unit counts as projects come forward and take credit for units and projects not originally assumed in the Housing Element. The No-Net-Loss Tracker will track the City’s progress in meeting the RHNA and monitor the Housing Element sites list to ensure that the City does not fall into a no-net-loss situation (SB 166 and SB 330). PlaceWorks will input data from the City’s 2022, 2023, 2024, and 2025 Annual Progress Reports to ensure units are captured from the start of the planning period (June 30, 2022). The No-Net-Loss Tracker will be provided to staff in an Excel file that can be easily managed internally.
Task 1 Deliverables:
− 1 electronic updated Sites Inventory Spreadsheet
− 1 electronic No-Net-Loss Tracker for the City to review and provide feedback Identify Additional Capacity
Once Task 1 has been completed, if it is determined that the City cannot meet the remaining RHNA capacity, PlaceWorks will work with staff to identify alternative sites approaches to meet State law requirements.
2.1 Identify Additional Sites and/or Increased Densities PlaceWorks will work with City staff to inventory all remaining vacant and any potential underutilized sites that were not previously identified in the Housing Element. We propose starting with the list of sites that were previously considered and include properties that have developer interest. PlaceWorks will analyze the sites list against HCD’s guidebook to determine if the sites are appropriate for meeting the RHNA. PlaceWorks will also look at alternate approaches, such as recategorizing income assumptions on sites in the current inventory and reviewing the current sites to determine if increased density makes sense. We propose holding two Zoom meetings to walk through the comments and edits once the City has completed its review.
Non-vacant Sites
PlaceWorks will complete the required analysis to determine if the sites are viable and meet the requirements of HCD’s guidebook. We will need to collect information such as owner interest, age of structure, if the current use is active, and if there is an active lease. Based on this feedback, we will make the case that the site is appropriate to meet a portion of the RHNA.
Small and/or Large Sites Analysis
If small sites (less than 0.5 acres) or large sites (10 acres of larger) are identified as potential sites to meet the RHNA, PlaceWorks will work with City staff to determine the buildable area for each site, which will be based on past history of small and/or large site development. PlaceWorks will include text describing how the buildable area is suitable for development and appropriate to meet a portion of the City’s RHNA. 2706
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2.2 Prepare Draft Sites Inventory List
Prior to amending the Housing Element, PlaceWorks will work with City staff to finalize the updated draft sites list. Once the list has been approved by City staff, PlaceWorks will incorporate the updated sites list into the Housing Element.
2.3 Fair Housing Sites Analysis and Mapping
AB 686 requires that the City consider the location of housing in relation to resources and opportunities.
PlaceWorks will review the draft sites list with City staff to ensure the proposed sites continue to affirmatively further fair housing.
2.4 Modifying/Adding Programs
If needed, PlaceWorks will add or modify programs to support the sites analysis and/or the fair housing analysis.
This would also include adjusting any quantified objectives to each applicable program.
Task 2 Deliverables:
− 1 electronic version of the draft sites list for staff to review and provide comments − 1 electronic version of the revised sites list to present to the public, Planning Commission, and City Council
− 1 electronic version of the final sites list to incorporate into the Housing Element amendments − 3 virtual meetings during the preparation of the updated sites list Rezoning Assistance
PlaceWorks will assist City staff with rezoning to ensure capacity is available to meet the RHNA. Once sites have been identified, PlaceWorks will create a series of maps identifying which sites are proposed for rezoning. A draft of this work will be provided to the City for review and comment. This task assumes that the City will provide all necessary GIS data, including but not limited to parcels; ownership data; and existing General Plan, zoning, and specific plan data. Should this rezoning include corresponding General Plan Land Use Amendments, PlaceWorks will prepare revisions to the City’s Land Use Map. Note: If two elements are being updated, there is potential for consideration of an Environmental Justice Element.
PlaceWorks will create a final series of maps depicting the rezoning of the subject lots and will draft text amendments to the Zoning Ordinance to implement the map amendments and ensure that residential development at the new densities allowed on the rezoned parcels is feasible. PlaceWorks will address one round of City staff comments on the draft amendments, then prepare final, clean versions for City staff to put in ordinance format and take through the public hearing process. PlaceWorks will review staff reports for meetings on the zoning changes.
Task 3 Deliverables:
− Draft text for zoning amendments to be used in staff reports or ordinances − Maps identifying sites to be rezoned, assumes 1 set of revisions − Maps showing Land Use map changes, assumes 1 set of revisions 2707
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Housing Element Amendment
4.1 Prepare Draft Amendment
Once a final sites list is agreed upon, PlaceWorks will incorporate the sites and analysis into the Housing Element and will provide a draft of the Housing Element Amendment to the City for review and feedback. We propose holding a Zoom meeting to walk through the comments and edits once the City has completed its review. This will help to limit the number of back-and-forth edits needed, which can slow down the process. Based on staff feedback, PlaceWorks will prepare a final draft amendment for public release and submittal to HCD.
Task 4.1 Deliverables:
− 1 electronic version of the draft for staff to review and provide comments − Respond to 1 set of consolidated comments
− Participate in 1 Zoom meeting to walk through the City’s comments prior to providing a final draft for submittal to HCD
4.2 Submittal to HCD (60-day Review)
PlaceWorks will submit the amended Housing Element to HCD for review, using tracked changes to show what has been revised. PlaceWorks will also prepare a cover letter identifying why the City is preparing and submitting this amendment. PlaceWorks proposes an informal review with HCD prior to submittal for a 60-day formal review.
During the 60-day review period, PlaceWorks staff will initiate contact with the assigned HCD reviewer within the first 30 days and will coordinate with HCD throughout the 60-day review. If it is possible to make changes during the 60-day review period, PlaceWorks will take the lead with changes and provide an updated draft to post on the City’s website for 7 days prior to submitting any revisions to HCD. PlaceWorks assumes one formal round of review with HCD.
Task 4.2 Deliverables:
− 1 electronic copy (in MS Word and PDF) of the draft Amendment to be posted on the City’s website − 1 hard copy of the draft Amendment (track-change version) and cover letter to HCD
4.3 Final Housing Element Amendment and Adoption
Once the Housing Element Amendment is approved by HCD, PlaceWorks will prepare a final Housing Element for adoption. Once adopted, PlaceWorks will submit the final housing Element to HCD for certification review (60 days).
Task 4.3 Deliverables:
− 1 electronic copy (in MS Word and PDF) of the final draft to the City and to HCD with a cover letter for their 60-day review; 1 clean version and 1 showing all changes made. − 2 hard copies submitted to HCD (1 clean version and 1 showing changes made) 2708
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4.4 Addressing Public Comment
During the drafting of the revisions requested by HCD, PlaceWorks will review public comments and incorporate revisions into the Housing Element Amendment as necessary. The budget assumes eight hours of PlaceWorks’ time to address public comments. The budget does not assume formal responses to the commenter.
Task 4.4 Deliverable:
− 8 hours to review and incorporate public comments into the Amendment Outreach
PlaceWorks understands that the City will need to present the revised sites list for public input and comment as well as take the amendment through the public hearings process. PlaceWorks will prepare for and attend six public meetings at City staff’s direction. We can participate in additional meetings at a cost of $3,000 per meeting.
Task 5 Deliverables:
− Attendance at 6 meetings at the direction of City staff Environmental Compliance
PlaceWorks will prepare defensible environmental documentation under the California Environmental Quality Act (CEQA) to evaluate the potential physical environmental impacts associated with the Housing Element Amendment (proposed project).
Because the housing sites have not yet been identified for the Housing Element Amendment, this scope of work is preliminary and will require refinement based on the final housing sites inventory list. This preliminary scope of work assumes that the housing sites will be previously developed sites along commercial corridors. The environmental analysis will be conducted at the program level; this scope of work does not include any projectlevel analysis of specific development projects.
6.1 CEQA Kick-off Meeting
PlaceWorks will participate in a kick-off meeting with the PlaceWorks housing team and City staff to review the housing sites inventory, draft Housing Element Amendment, available information, and data and schedule needs. This scope of work assumes this meeting will be conducted as a virtual meeting (e.g., Zoom or Teams).
6.2 CEQA Document Approach
Based on our kick-off discussion, PlaceWorks will confer with City staff to confirm the CEQA approach for the Housing Element Amendment. Generally, as a first line of approach, CEQA documentation should utilize a statutorily required exemption or streamlining options, if applicable. To streamline the CEQA process, the City may prepare an Addendum to a previously certified environmental impact report (EIR). The following list details the decision-making path that will determine the outcome of this task:
▪ Exemption. PlaceWorks has reviewed available exemption options for the Housing Element Amendment and has not identified any applicable exemption approaches. However, once we have the final housing sites list, PlaceWorks will again consider whether any CEQA exemptions are applicable to the Housing Element Amendment.
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▪ Addendum. If it is determined that the Housing Element Amendment will not qualify for an exemption, PlaceWorks will consider whether the project can be evaluated using an Addendum to a previously certified EIR. In this case, PlaceWorks will prepare an Addendum to the “General Plan Amendment, Housing Element Update, and Associated Rezoning Project EIR” (State Clearinghouse No. 2014032007) that was certified by the Cupertino City Council in December 2014 and subsequently amended by various addenda to the EIR and a 2024 Environmental Assessment (herein collectively referred to as the “certified EIR”). If an EIR Addendum is selected as the appropriate CEQA document, we will also work with City staff to determine the significance criteria (e.g., current CEQA Guidelines Appendix G criteria or criteria from previous environmental documentation) to be used in the Addendum.
▪ EIR. If the Housing Element Amendment does not qualify for an exemption or EIR Addendum, PlaceWorks recommends preparation of a “stand-alone” EIR for the proposed Housing Element Amendment.
PlaceWorks will submit a memorandum outlining the decided-upon CEQA documentation approach for City review and approval. Fehr & Peers will assist PlaceWorks with this task.
After determination of the appropriate CEQA documentation, PlaceWorks will prepare a detailed project schedule for completion of the CEQA document.
Task 6.2 Deliverables:
− CEQA document approach memorandum (PDF)
− Detailed project schedule (Excel)
6.3 Technical Analysis
This scope of work assumes that the housing sites will be on previously developed sites and that detailed technical analysis will not be required to evaluate potential environmental impacts associated with biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and utilities and service systems. A contract modification would be required to provide technical analysis of any of these topics.
This scope of work assumes that preparation of a Water Supply Assessment (WSA) will not be necessary. If it is determined that the project meets the definition of a project in Water Code Section 10912, PlaceWorks can prepare a WSA, subject to a contract modification.
Based on our preliminary understanding of the housing sites that may be included in the proposed project, PlaceWorks anticipates that technical analyses for air quality, energy, and GHG emissions; noise; and transportation will be required. The scope of work for the technical analyses will be refined, if necessary, based on the final housing sites list as well as the document approach decisions in Task 6.2, CEQA Document Approach.
The results of the technical analyses will be incorporated into the CEQA document prepared in Task 6.3, Environmental Review Documentation, with technical modeling included as document appendices.
Air Quality, Energy, and Greenhouse Gas Emissions
PlaceWorks will prepare a program-level air quality, greenhouse gas (GHG) emissions, and community risk and hazards analysis to evaluate impacts associated with the proposed project. The analysis will be prepared in accordance with the Bay Area Air District (Air District) CEQA Guidelines. 2710
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PlaceWorks will model the net increase in regional emissions associated with anticipated development on the housing sites. The transportation sector emissions will be based on daily trips provided by Fehr & Peers.
Modeling will be conducted using the latest version of the California Emissions Estimator Model (CalEEMod), and emissions will be compared to the Air District’s significance criteria. Construction emissions will be addressed qualitatively in the program-level CEQA document.
The GHG section will include a consistency evaluation with applicable State, regional, and local plans adopted for the purpose of reducing GHG emissions. Additionally, the project will be compared against the Bay Area Air District's best management practices to achieve the GHG reduction targets of Assembly Bill 1279, as illustrated in their 2022 CEQA Air Quality Guidelines, which consist of designing buildings to be all-electric, meeting California Green Building Standards Code (CALGreen) Tier 2 electric vehicle charging standards, and demonstrating consistency with adopted Senate Bill 743 transportation goals.
Noise
PlaceWorks will prepare a program-level noise and vibration technical analyses for the proposed project.
PlaceWorks will provide a qualitative analysis for potential construction impacts associated with buildout of the housing sites. No noise monitoring and no detailed modeling of airport noise is proposed.
The proposed project is anticipated to affect future traffic volumes. Therefore, PlaceWorks will model traffic noise using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Prediction Model.
Noise impacts from non-transportation sources (e.g., heating, ventilation, and air conditioning units) will be evaluated on a programmatic level, qualitatively based on local noise standards. PlaceWorks will analyze noise impacts from non-transportation sources in terms of potential impacts to nearby noise-sensitive receptors and the noise limitations in the City’s municipal code.
Transportation
Fehr & Peers will conduct the following tasks for the project. i. Meetings and Coordination
Fehr & Peers will collaborate with PlaceWorks and City staff to confirm the candidate Housing Element site inventory and ensure CEQA and transportation assumptions are consistent with the broader Housing Element implementation strategy. Coordination will focus on confirming assumptions and responsibilities, reviewing preliminary findings, and identifying next steps as analysis progresses.
Fehr & Peers has assumed up to three primary coordination meetings, including:
▪ Kick-off meeting to confirm the candidate site inventory, roles, schedule, and analysis assumptions. ▪ Interim findings discussion to review preliminary screening results, identify issues requiring coordination with the City team and PlaceWorks, and confirm the direction for subsequent analysis. ▪ Final meeting to review conclusions, recommended CEQA and transportation analysis pathways, and immediate next steps for implementation.
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In addition to these primary meetings, Fehr & Peers can participate in one intermediate check-in to provide status updates; respond to questions; and maintain alignment on scope, schedule, and technical approach. ii. VMT Screening Assessment
Fehr & Peers will conduct a Housing Element–level vehicle miles traveled (VMT) screening assessment for candidate Housing Element sites. This assessment will be condumicted consistent with the City of Cupertino Municipal Code Chapter 17.08, the City’s Transportation Study Guidelines, the State CEQA Guidelines, and established SB 743 screening methodologies.
This task is intended to determine, at a programmatic screening level, whether candidate sites may reasonably be anticipated to qualify for streamlined VMT screening based on their infill context, surrounding land uses, and proximity to transit, or whether additional project-level VMT analysis would likely be required in later implementation phases.
a) Policy and Screening Framework Context
Fehr & Peers will summarize the transportation-related policies, plans, and guidance relevant to VMT screening determinations for Housing Element sites. This will include review of applicable provisions of the City’s Transportation Study Guidelines, which recognize the case-by-case application of small project and residential infill screening criteria consistent with CEQA Guidelines Sections 15064.7(b) and 15064(b)(2).
This summary will provide context for how screening determinations are applied at the Housing Element level and will support the administrative record for subsequent site-specific implementation. b) Housing Element–Level VMT Screening Assessment
Fehr & Peers will apply the City’s adopted SB 743 screening framework to evaluate whether candidate Housing Element sites exhibit characteristics that support VMT screening at the programmatic level. This assessment will consider factors such as residential density assumptions, surrounding land use context, and proximity to highquality transit, consistent with State guidance and City policy.
Where applicable, Fehr & Peers will evaluate whether candidate sites align with infill development characteristics commonly associated with reduced VMT generation relative to citywide or regional averages, recognizing that final screening determinations are made on a site-specific basis during project-level review. c) Identification of Anticipated Next Steps
For candidate sites that do not appear to support VMT screening at the Housing Element level, Fehr & Peers will document the basis for that conclusion and identify the anticipated next-step pathway, including the likely need for project-level VMT analysis during subsequent discretionary review. This task will not include preparation of project-level VMT analysis but will clearly outline when such analysis may be required in future phases. 2712
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iii. Documentation
Fehr & Peers will prepare a consolidated memorandum documenting the results of Task ii. The purpose of this memorandum is to establish a clear and defensible administrative record supporting the City’s evaluation of candidate Housing Element sites and transportation analysis pathway for each site. The memorandum will:
▪ Summarize the candidate site list evaluated and the key assumptions used. ▪ Document VMT screening results.
▪ Note any sites that are not screened from VMT analysis.
The memorandum will be structured to provide transparency regarding methodology, assumptions, and applicable statutory and guideline references. Draft documentation will be provided for City review. We have assumed up to eight hours for one consolidated round of comments prior to finalization.
6.4 Environmental Review Documentation
PlaceWorks will prepare CEQA documentation based on the approach determined in Task 6.2, CEQA Document Approach. Based on our preliminary understanding of the proposed project, PlaceWorks does not anticipate that the project will qualify for an exemption. Therefore, this scope of work provides the following two options. ▪ Option A is to prepare an Addendum to the “General Plan Amendment, Housing Element Update, and Associated Rezoning Project EIR” (State Clearinghouse No. 2014032007) that was certified by the Cupertino City Council in December 2014 and subsequently amended by various addenda to the EIR and a 2024 Environmental Assessment (“certified EIR”).
▪ Option B is to prepare a “stand-alone” EIR for the proposed Housing Element Amendment.
Option A: EIR Addendum
A.1 Administrative Draft EIR Addendum
PlaceWorks will prepare an Addendum to the certified EIR (State Clearinghouse No. 2014032007), referencing the conclusions in the certified EIR wherever possible for the conclusions in the Addendum. The Addendum will utilize the significance criteria decided in Task 6.2, CEQA Document Approach, and will be organized to provide comparative conclusions with the certified EIR as well as the necessary conclusions to demonstrate the project’s compliance with CEQA Guidelines Section 15164. Where relevant, the Addendum will identify mitigation measures from previous environmental documents that will apply to the proposed project.
The EIR Addendum will incorporate the conclusions of the technical analyses completed in Task 6.3, Technical Analysis.
PlaceWorks will submit the administrative draft EIR Addendum electronically for City review and comment.
Task A.1 Deliverable:
− Administrative draft EIR Addendum (Word, with figures and appendices in PDF) 2713
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Housing Element Amendment and Rezone Assistance
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A.2 Screencheck and Final EIR Addendum
Following one round of review by City staff, PlaceWorks will prepare a screencheck EIR Addendum. Following a second round of review, PlaceWorks will prepare the final EIR Addendum. Our scope of work assumes that PlaceWorks will receive a single, internally reconciled set of comments as part of each review cycle. PlaceWorks assumes that a minimal level of effort, not exceeding four hours, would be required to respond to any comments on the screencheck EIR Addendum.
Task A.2 Deliverables:
− Screencheck and final EIR Addendum (PDF)
Option B: EIR
B.1 Initial Study
PlaceWorks will prepare an Initial Study to clearly identify the environmental topic(s) requiring analysis in the EIR. PlaceWorks will submit the administrative draft Initial Study electronically (in Word) for City review and comment. Following one round of review by City staff, PlaceWorks will prepare a screencheck Initial Study. The final Initial Study will be provided as an attachment to the final Notice of Preparation prepared in Task B.2, Notice of Preparation.
This scope of work assumes the housing sites will be on previously developed sites and that compliance with existing regulations (including City of Cupertino Standard Environmental Protection Requirements) will be sufficient to address many potential environmental impacts. Further, this scope of work assumes that the housing sites will be within a transit priority area and therefore, consistent with CEQA Statute Section 21099, an analysis of aesthetics impacts will not be required.
This scope of work therefore assumes that the following topics will be “scoped out” of the EIR:
▪ Aesthetics
▪ Agriculture and Forestry Resources
▪ Mineral Resources
▪ Wildfire
A contract modification would be required to include any of these topics in the EIR.
Task B.1 Deliverables:
− Administrative draft Initial Study (Word, with figures in PDF) − Screencheck Initial Study (PDF)
B.2 Notice of Preparation
PlaceWorks will prepare a Notice of Preparation (NOP) of an EIR pursuant to CEQA Guidelines Section 15082.
The NOP will include a brief project history, location maps, and the Initial Study prepared in Task B.1, Initial Study. This scope of work assumes one round of review on the draft NOP.
PlaceWorks will post the NOP and Initial Study to the State Clearinghouse and County Clerk. This scope of work assumes that City staff will be responsible for local noticing. 2714
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Housing Element Amendment and Rezone Assistance
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During the 30-day scoping period, PlaceWorks will virtually (e.g., via Zoom) attend and facilitate a scoping meeting to receive public comments on the scope of the EIR.
Task B.2 Deliverables:
− Draft Notice of Preparation (Word, with figures in PDF) − Final Notice of Preparation and Initial Study (PDF)
− County Clerk filing
− State Clearinghouse submittal
B.3 Administrative Draft EIR
PlaceWorks will prepare an Administrative Draft EIR and submit it to City staff for review and comment. The Draft EIR will include an executive summary, introduction, project description, environmental analysis of the topic(s) not “scoped out” in the initial study, alternatives analysis, and CEQA-required conclusions. The EIR will incorporate the technical analyses from Task 6.3, Technical Analysis. This scope of work assumes that the EIR will include an analysis of the following topics:
▪ Air Quality
▪ Biological Resources
▪ Cultural Resources
▪ Energy
▪ Geology and Soils
▪ Greenhouse Gas Emissions
▪ Hazards and Hazardous Materials
▪ Hydrology and Water Quality
▪ Land Use and Planning
▪ Noise
▪ Population and Housing
▪ Public Services
▪ Recreation
▪ Transportation
▪ Tribal Cultural Resources
▪ Utilities and Service Systems
The Draft EIR will include a more detailed project description than in Option A, including, for example, objectives for the project, which are required for an EIR. The draft project description will be provided to the City for one round of review and comment prior to submittal of the Administrative Draft EIR.
This scope of work assumes that the alternatives analysis will evaluate the CEQA-required “No Project Alternative” and up to two additional alternatives. PlaceWorks will work with City staff to determine the range of potential alternatives for inclusion in the analysis. Any alternatives discussed but not selected will be described in the EIR as “considered but rejected.”
This scope of work assumes that the scoping comments will not lead to the need to evaluate additional environmental topics or alternatives or require an expanded analysis.
Task B.3 Deliverables:
− Draft Project Description (Word, with figures in PDF) − Administrative Draft EIR (Word, with figures in PDF)
B.4 Screencheck and Public Review Draft EIR
Following one round of review by City staff, PlaceWorks will prepare a Screencheck Draft EIR. Following a second round of review, PlaceWorks will prepare the Public Review Draft EIR. 2715
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Our scope of work assumes that PlaceWorks will receive a single, internally reconciled set of comments as part of each review cycle. PlaceWorks assumes that a minimal level of effort, not exceeding 8 hours, will be required to respond to any comments on the Screencheck Draft EIR.
Task B.4 Deliverables:
− Screencheck Draft EIR (PDF)
− Public Review Draft EIR (PDF)
B.5 Public Review
PlaceWorks will prepare the Notice of Availability (NOA) of the Draft EIR. This scope of work assumes one round of review on the draft NOA. We will ensure all documentation to be uploaded to the State Clearinghouse meets accessibility requirements for public review.
PlaceWorks will be responsible for delivery of the Draft EIR and NOA to the State Clearinghouse and County Clerk, along with any associated submittal materials required by the State Clearinghouse (e.g., summary form and/or Notice of Completion form).
PlaceWorks will virtually attend (e.g., via Zoom) and facilitate a public comment meeting for the Draft EIR.
Task B.5 Deliverables:
− Draft Notice of Availability (Word)
− Final Notice of Availability (PDF)
− County Clerk filing
− State Clearinghouse submittal (electronic)
− Public comment meeting presentation (PowerPoint)
B.6 Administrative Draft Final EIR
Following the public review period, PlaceWorks will compile and organize the comments received on the Draft EIR. Each comment letter received will be bracketed and assigned a number to facilitate review. Our scope of work assumes that City staff will forward all public comments within five working days of the close of the public review period.
Our scope of work assumes that PlaceWorks staff will devote up to 40 hours of staff labor to responding to public comments on the Draft EIR and preparing revisions to the Draft EIR, if needed. We assume no additional modeling or substantive new technical analysis would be required to adequately respond to comments. If additional time is needed due to an unforeseen volume or complexity of comments, we may request a contract modification to cover additional labor costs.
PlaceWorks will prepare an Administrative Final EIR, which will include responses to comments and revisions to the Draft EIR as necessary.
Task B.6 Deliverable:
− Administrative Final EIR (Word, with figures in PDF)
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City of Cupertino
Housing Element Amendment and Rezone Assistance
March 2, 2026 | Page 13
B.7 Screencheck and Final EIR
Following one round of review by City staff, PlaceWorks will prepare a Screencheck Final EIR. Following a second round of review, PlaceWorks will prepare the Final EIR.
Our scope of work assumes that PlaceWorks will receive a single, internally reconciled set of comments as part of each review cycle. PlaceWorks assumes that a minimal level of effort, not exceeding 4 hours, will be required to respond to any comments on the Screencheck Final EIR.
Task B.7 Deliverables:
− Screencheck Final EIR (PDF)
− Final EIR (PDF)
B.8 Certification Documents
PlaceWorks will prepare the following documents prior to certification of the EIR:
▪ Mitigation Monitoring and Reporting Program
▪ Findings of Fact
▪ Statement of Overriding Considerations (if required)
Our scope of work includes one round of review for each of these documents, with draft versions submitted in Word and final versions submitted in PDF.
Task B.8 Deliverables:
− Draft (Word) and Final Mitigation Monitoring and Reporting Program (PDF) − Draft (Word) and Final Findings of Fact (PDF)
− Draft (Word) and Final Statement of Overriding Considerations (PDF) Tribal Consultation
PlaceWorks will assist the City with tribal consultation required by SB 18 and, if applicable, AB 52. (AB 52 will apply if an EIR is prepared.) PlaceWorks will complete the Native American Heritage Commission (NAHC) online form requesting a tribal contact list. Using the addresses on the NAHC list, PlaceWorks will draft letters (on City letterhead) to each of the tribes. Pursuant to SB 18, tribes identified by NAHC will receive a written letter notifying them of the proposed project and asking if they wish to consult. Following the consultation meeting (or conference call), PlaceWorks will prepare a brief memorandum documenting the results of the tribal outreach and consultation process. Completion of the tribal consultation process is needed prior to acting on the project. Because consultation must be government to government, this scope of work assumes the City will send the draft letters to the tribes via email and mail.
Task 7 Deliverables:
− Draft letter to NAHC-identified tribes (Word)
− Facilitation, attendance, and documentation of requested consultations 2717
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City of Cupertino
Housing Element Amendment and Rezone Assistance
March 2, 2026 | Page 14
Project Approval
Our scope of work includes PlaceWorks’ participation in up to four public hearings on consideration of the approval/certification of the proposed project and CEQA document. This scope of work includes preparation and presentation of a brief PowerPoint presentation as part of our hearing preparation and attendance. This scope of work assumes that PlaceWorks will attend the hearings virtually (e.g., via Zoom) Following approval/certification of the CEQA document and within five days of approval of the Housing Element Amendment, PlaceWorks will prepare a Notice of Determination (NOD) for submittal to the County Clerk. Our scope of work assumes PlaceWorks will assist with preparing noticing materials and filing of the NOD with the County Clerk and that the City will pay the filing fees. PlaceWorks will also submit the NOD and Final EIR to the State Clearinghouse.
Task 8 Deliverable:
− Hearing presentation (PowerPoint)
− Notice of Determination
− County Clerk filing
− State Clearinghouse submittal
Project Management and Coordination
PlaceWorks will communicate with City staff via phone and email throughout the project. PlaceWorks assumes seven meetings (monthly meetings) with City staff until the draft Housing Element is submitted to HCD for review. PlaceWorks then assumes an additional five meetings to assist with continued coordination of the rezone.
Task 9 Deliverable:
− 12 virtual meetings
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Housing Element Amendment and Rezone Assistance
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SCHEDULE
PlaceWorks’ proposed schedule for assistance with the Housing Element Amendment is shown in Table 1. If the City is required to rezone, it is possible the schedule will be extended.
TABLE 1: SCHEDULE
TASK TIMELINE
2026
Review and identify potential sites February 2026
Present draft sites list to Planning Commission and City Council March–April 2026 Finalize sites list May–June 2026
City staff begin rezone process (if needed) July 2026
Prepare draft housing element amendment June–July 2026
City staff review Housing Element Amendment (2 weeks) August 2026 Modify Housing Element Amendment per City edits August 2026 Informal submittal to HCD September 2026
Present Housing Element Amendment to Planning Commission and City Council September–October 2026 Release Housing Element Amendment to the public (7 days) October 2026 Submit Housing Element Amendment to HCD (60-day review) November–December 2026 Call with HCD to review revisions (if possible) November/December 2026 Modify Housing Element Amendment per HCD direction (if possible) November/December 2026 Receive letter from HCD December 2026
Planning Commission recommendation and City Council adoption January 2027 CEQA Option A (EIR Addendum) June 2026–January 2027
CEQA Option B (EIR) June 2026–August 2027
BUDGET
As shown in Table 2, Cost Proposal, the estimated cost to complete the scope of work described in this proposal using CEQA Option A (EIR Addendum) is $317,745. The cost with CEQA Option B (EIR) is $468,450. PlaceWorks recommends including a 10 percent contingency fund to cover unforeseen, out-of-scope tasks. The cost for Option A with the contingency is $349,520. The cost for Option B with the contingency is $515,295.
PlaceWorks would like the opportunity to fine-tune the scope and budget and determine where costs can be reduced and can prioritize where the City would like to focus efforts. 2719
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Housing Element Amendment and Rezone Assistance
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TABLE 2: COST PROPOSAL
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ACKNOWLEDGEMENT
This proposal shall remain valid for a period of 90 days from the time of submittal. As a Principal, I am authorized to bind PlaceWorks and the project team to the contents of this proposal.
We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact us.
Respectfully submitted,
PlaceWorks
Jennifer Gastelum Cynthia Walsh
Principal Senior Associate
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CITY OF CUPERTINO
Agenda Item
26-14948 Agenda Date: 4/7/2026
Agenda #: 13.
Subject: Consider updates to procedures administering the City’s Commissions and Committees and revising the City Commissioners’ Handbook to reflect the new procedures.
Adopt Resolution 26-042 updating the Commissioners’ Handbook to (1) appoint alternates to assist with quorum requirements when regular members are absent, (2) promote broad community participation on the City’s commissions and committees, (3) align attendance requirements and Council’s discretion over consequences for missing meetings; (4) recognize advisory body members’ autonomy while ensuring the advisory body’s actions are fairly communicated.
CITY OF CUPERTINO Page 1 of 1 Printed on 4/3/2026
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01276.0001 2102287.1 1
CITY ATTORNEY’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Meeting: April 7, 2026
Subject
Consider updates to procedures administering the City’s Commissions and Committees and revising the City Commissioners’ Handbook to reflect the new procedures.
Recommended Action
Adopt Resolution 26-XXX updating the Commissioners’ Handbook to (1) appoint alternates to assist with quorum requirements when regular members are absent, (2) promote broad community participation on the City’s commissions and committees, (3) align attendance requirements and Council’s discretion over consequences for missing meetings; (4) recognize advisory body members’ autonomy while ensuring the advisory body’s actions are fairly communicated.
Executive Summary
During a study session held on January 13, 2026, the City Council carefully considered potential changes to the Commissioners’ Handbook and requested updates to the four areas noted in the Recommended Action. Herein we address each of those suggested updates separately and provide specific suggested language to implement the recommended changes. These updates were shared with commissioners during the recent Commissioner Training provided on March 30. Additionally, staff is proposing further revisions in the handbook to bring it up to date with recent procedural changes such as the implementation of Commission Work Plans, required trainings, and remote meeting participation.
Background
Various rules governing the City’s advisory bodies can be found in City Resolution No. 24-022 (“Reso 24-022”); Cupertino Municipal Code Chapter 2; the Commissioners’ Handbook 2024 (“Commissioners’ Handbook”), and the Council Procedures Manual, implementing, among other requirements, rules for complying with the Maddy Act, codified at Government Code Sections 54970 - 54975.
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On January 13, 2026, the City Council participated in an agendized study session pertaining to the rules governing City commissions and committees. This item intends to implement the Council’s general direction provided during that discussion.
Reasons for Recommendations and Available Options
1. Appointing Alternates: When members of an advisory body miss meetings it can impact the body’s ability to conduct business due to lack of a quorum.
Moreover, filling unscheduled vacancies can be time-consuming and costly because the Maddy Act requires a lengthy recruitment, taking at least 30 days to complete, in order to fill a vacancy, further complicating the body’s ability to reach quorum and take action.
To assist in meeting quorum requirements, Staff suggests that Council add a nonvoting alternate member to each City advisory body, which alternate may be “seated” by the Chair for a meeting and then participate as a voting member in that meeting when a regular member is absent. This would help ensure a quorum, allowing the advisory body’s business to be conducted.
Appointing alternates might also increase community participation as such nonvoting alternates could attend meetings. Appointed alternates would be required to file Form 700 disclosures and take the oath of office.
Alternatively, the Council could reasonably decide not to add alternates and leave the structure as is.
2. Promoting Broad Community Participation: During the January study session, Council noted the importance of representatives from across the City be appointed to the City’s advisory bodies to promote broad community engagement, equity, and the distribution of access to City decisionmakers. The Council acknowledged the benefits of restricting individuals from serving on more than one City advisory body to prevent a concentration of influence over City policy.
To achieve this goal, Staff suggests that the following language be added to the Commissioners’ Handbook: “Representation on City commissions by residents from across the City promotes broad engagement, equity and access to City decisionmakers. To promote broad engagement the City discourages individuals from serving on two or more City commissions simultaneously.” 2724
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The City also discussed issues associated with the appointment of more than one member of a family to the same commission. The Council concluded that such restrictions are advisable but suggested there might be unique situations that would make such appointments acceptable.
The City’s Municipal Code currently prevents members of the same family from serving on certain City advisory bodies, including City commissions. For example, Municipal Code section 2.36.010 states that the “Parks and Recreation Commission shall consist of five members who are residents of the City, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission.”
Alternatively, if the Council desires to relax these restrictions to allow for the appointment of more than one family member to a particular advisory body in certain rare circumstances, the City Attorney could bring a municipal code update back for Council approval to allow for such appointments.
3. Updating Attendance Requirements
During the Study Session held on January 13, Council affirmed that removal from an advisory body should require affirmative Council action.
Staff suggests updates to the “Quorum, Attendance, Training, and Reporting” section of the Commissioners’ Handbook, to align with the current Council Procedures Manual, which states that “Council retains full discretion to . . . take disciplinary action as needed, including removal from the commission or committee.” Staff suggests adding the following language to the Commissioners’ Handbook, “[t]he City Clerk shall notify the City Council and make a recommendation for potential removal” of an advisory body member when that member fails to comply with attendance requirements.
Alternatively, the Council might direct staff to update the Council Procedures to align with the current Commissioners’ Handbook.
4. Commissioner Autonomy
In consideration of the rights of sitting commissioners to speak their minds freely, the Council indicated its preference that the Commissioners’ Handbook be updated to remove the provision stating that it is “improper for an individual commissioner, acting in their official capacity, to try to persuade the Council into 2725
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the acceptance of a recommendation other than that voted by the majority of the commission.”
Various iterations of this concept were exchanged during the January study session, with final direction to the City Attorney to draft language designed to implement the intent of the Council’s discussion. As such, the City Attorney advises that the Council update three separate sections of the Commissioners’ Handbook including (i) the “Commissions” section, (ii) the ”Recommendations and Reports to City Council” section, and (iii) the “Use of City Email” section, to fully implement the requested changes articulated by the various Councilmembers, as a whole.
Commissions Section:
First, staff recommends that the following be removed from the Commissions section:
“This underlying philosophy makes it improper for an individual commissioner, acting in their official capacity, to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority of the commission, The role of a commission is to assist the City Council in the formation of policy, having been created for the purpose of advising.”
Second, staff recommends the following be added to the Commissions section:
“Individual commissioners may express their personal opinions to the City Council on items within the scope of their commission’s jurisdiction if they clearly state that they are speaking on behalf of themselves only. The Council appreciates hearing the rationale supporting both the majority position and the minority position, as this enriches the decision-making process. [However, if the individual Commissioners’ personal recommendation is inconsistent with a position taken by the full commission, the individual commissioner should also provide the City Council with a general description of the full commission’s position.]” Based on the Council’s discussion during the study session, Staff was unable to determine clearly the majority’s direction on the italicized bracketed language. Further advice on this language is requested.
Recommendations and Report to City Council Section:
The Recommendations and Report to City Council section should be updated as follows: “The Commissioner selected by the Chair as the commission representative should strive to represent the position of the commission as a whole at the meeting, as necessary, regardless of the Commissioners’ personal views.” Use of City Email Section:
The Use of City Email section should be updated as follows:
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“All City emails are subject to the Public Records Act, and you should use your City email to communicate about any matter within the jurisdiction of your commission. Emails sent from a personal email account are also subject to the Public Records Act to the extent they address a matter related to your commission’s jurisdiction. Please use your City email when so communicating to enhance efficiency and transparency. When advocating or discussing a matter within the scope of your commission’s jurisdiction, ensure that the email cannot be construed as representing the views of the full commission, unless the commission has affirmatively voted to approve the position presented. Please do not forward or reply to a City email from your personal email address. Once your term on the commission is over, your City email will be deactivated.” Sustainability Impact
No sustainability impact
Fiscal Impact
No fiscal impact
City Work Program Item/Description
None
Council Goal
Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact
_____________________________________
Prepared by: Floy Andrews, Interim City Attorney
Reviewed by: Michael Woo, Senior Assistant City Attorney Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A - Draft Resolution and Commissioners' Handbook (Exhibit A) B – Draft Commissioners' Handbook (redline)
C – Draft Commissioners' Handbook (clean)
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RESOLUTION NO. 26-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE 2026 COMMISSIONERS’ HANDBOOK
WHEREAS, on March 5, 2024, the Cupertino City Council identified a need to update the 2021 Commissioner’s Handbook as part of the 2023-2025 City Work Program and adopted revisions to policies and procedures; and
WHEREAS, on April 7, 2026, the City Council considered revisions to proposed policies and procedures at a duly noticed regular meeting of the City Council.
NOW, THEREFORE, BE IT RESOLVED that:
1. The 2024 Commissioner's Handbook and the procedures, policies, and rules therein are hereby repealed and rescinded.
2. The City Council hereby adopts the 2026 Commissioners’ Handbook attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of April, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Lauren Sapudar, City Clerk
________________________
Date
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COMMISSIONERS’
HANDBOOK
2026
Exhibit A
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Table of Contents
STRUCTURE OF GOVERNMENT 3
Form of Government
City Council
City Manager and Staff
Commissions
Committees
COMMISSION MEMBERSHIP 6
Quorum, Attendance, Training, and Reporting
Alternate Members
Broad Representation
Vacancies
Resignations and Removals
Ethics
MEETINGS 7
Regular Meetings Adjourned Meetings Special
Meetings Subcommittees
Hybrid Meetings and Remote Participation
Work Plan
Agendas Preparation for
Meetings Minutes
Procedure
Decorum at Meetings
Basis for your Decision
Recommendationsto City Council
CITY WORK PROGRAM 10
COMMUNICATIONS 11
RESOURCES 11
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2 THE STRUCTURE OF GOVERNMENT
FORM OF GOVERNMENT
The City of Cupertino operates as a general law city with a City Council-City Manager form of government where the City Council sets policy. The City Manager manages the implementation and administration of those policies.
CITY COUNCIL
The City Council is the governing legislative body of the City, consisting of five members elected in even numbered years to staggered four-year terms. These councilmembers then elect the mayor and vice mayor to one-year terms. The City Council sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council and the official spokesperson and representative of the City.
CITY MANAGER AND STAFF
City Manager
The City Manager has complete responsibility and authority for the administration of the City’s government. The City Manager is appointed by and serves at the pleasure of the Council and is the appointing authority for the City, selecting the department heads and other employees. The City Manager coordinates and directs the services of the City staff. Commissioners should not attempt to direct or prioritize work for departments or individual staff.
City Clerk
The City Clerk administers the recruitment, appointment, and onboarding of the appointed commissioners. The City Clerk administers the necessary steps for commissioners to begin their service, including administering the Oath of Office to commissioners and providing an orientation to the commissioners regarding the role of the commission to which they have been appointed. The City Clerk oversees commission membership, including annual attendance, ensuring commissioners submit a signed Code of Ethics and complete the necessary trainings. The City Clerk is the filing officer for Statements of Economic Interests (Form 700s), and any other required filing as identified by the City Council and the State. 2731
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3 City Attorney
The City Attorney’s Office provides legal advice to City commissions and staff supporting the commissions. The City Attorney may provide advice regarding matters pending before a commission, compliance with the Brown Act, and other legal issues. In addition, commissioners may seek informal advice from the City Attorney’s Office regarding conflicts of interest; provided, however, that it is understood that a commissioner is automatically protected from potential liability for conflict of interest only upon taking action that conforms to a written opinion issued by the California Fair Political Practices Commission.
Staff
Staff refers to City employees assigned by the City Manager to assist Commissions in an advisory capacity. Staff provide subject matter expertise, analysis, and guidance to help the Commission make informed decisions. Staff also coordinates logistics associated with legal requirements, agenda preparation and posting. It is not expected that every staff recommendation will be followed; however, because of the staff's technical knowledge, full consideration should be given to their recommendation. Staff are at liberty to make their recommendation to the City Council through the City Manager, even though the commission may have taken a different position. However, in these cases, the commission recommendation will be made clear to the City Council.
Staff Liaison
A staff liaison is assigned to each commission and is the primary point of contact for all commissioners. Their main duties include facilitating meetings, preparing agendas, and advising commissioners. Commissioners should reach out to their liaison if they have any questions regarding matters of the commission, if they’ve received an inquiry from a member of the public, or if they would like to contact other staff regarding official business.
Commission Administrator
The Commission Administrator supports commissioners on meeting procedures, noticing requirements, and materials submitted for the public record. They attend and manage administrative aspects of Commission meetings, including preparing agendas and minutes, running the virtual platform, coordinating meeting technology, and timing public comment.
COMMISSIONS
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4 Commissions are subsidiary legislative bodies, subject to the Brown Act, comprised solely of members appointed by the City Council. The primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council.
Commissions do not manage or direct day-to-day operations or the work of staff. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision-making.
The Council has appointed commissioners as advisors to them. Individual commissioners are at liberty to express their personal opinions to the City Council on items within the scope of their commission’s jurisdiction if they clearly state that they are speaking on behalf of themselves only. The Council appreciates hearing the rationale supporting both the majority position and the minority position, as this enriches the decision-making process. [However, if the individual commissioner’s personal recommendation is inconsistent with a position taken by the full commission, the individual commissioner should also provide the City Council with a general description of the full commission’s position.] . The scope of work, purpose, and other primary functions for each commission can be found in the City Municipal Code Title 2.
Chair and Vice Chair
Each year, every commission will elect from its membership a Chairperson (Chair) and a Vice Chairperson (Vice Chair) who serve at the pleasure of the commission for a one-year term. The Vice Chair acts in this capacity when the Chair is not available.
The Chair should:
• Meet with the staff liaison to collaborate on agenda items, guided by the Work Plan.
• Maintain order of the meeting, ensure respect for all opinions, protect commissioners, staff, and the public from personal attacks. • Keep discussion focused on the agendized issue at hand. • Solicit opinions from commissioners. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant commissioners from having disproportionate control over the discussion.
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5 • Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action.
• Set meeting rules early and make sure everyone abides by them without exception.
• Set an acceptable time limit for public testimony (generally three minutes per individual and 10 minutes per group) and stick to it. At the Chair's discretion, the public can interact with the members of the commission beyond the public-comment time limit in order to facilitate better communication of the agendized topic. However, the Chair should take care that all members of the public are given the same opportunities to participate in commission meetings.
• Provide periodic updates, approved by the full body, to Council regarding the status of their activities as requested by Council.
COMMITTEES
Committees, for purposes of this Handbook, are subsidiary legislative bodies that are comprised in part of members appointed by the City Council (either directly or ex officio). Committees may also include Councilmembers or City staff among their membership. Where applicable, the requirements of this Handbook shall apply to Council-appointed committee members and to committee meetings and procedures
COMMISSION MEMBERSHIP
QUORUM,ATTENDANCE, TRAINING, AND REPORTING
A quorum consists of a majority of the members of the commission. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the staff liaison and Chair should be notified if a member knows in advance that they will be absent.
Each member, including alternate members, should complete all training required by state or federal law or by a City rule or policy. Required Trainings for Commissioners:
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6 • Anti-Harassment (SB 1343): 1 hour; within 6 months, then every 2 years. • Annual Commission Training: Once per year.
A member may be removed from an advisory body by a vote of the City Council under the following conditions, in addition to those stated under Resignations and Removals below:
• A member misses more than three consecutive meetings during a term
• A member misses more than 25% of the advisory body's regular meetings in a calendar year
• A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance
• Any meeting canceled due to the lack of a quorum will be counted against all of the commissioner(s) unable to participate as a missed meeting.
ALTERNATE MEMBERS
One alternate commission member will be appointed to each commission. The alternate member attends commission meetings as a non-voting member. In the event a regular commission member is absent, the alternate member will step into the absent member’s role for that meeting, as both a voting member and for the purpose of satisfying quorum requirements. If a regular commission member vacates their seat, the City will undertake a recruitment under the Maddy Act (Govt. Code Sections 54970 through 54972) to identify a member to be appointed by the Council to fill the vacancy. Alternates have all the same requirements and capabilities as regular commissioners except voting rights.
VACANCIES
Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term
RESIGNATIONS AND REMOVALS
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7 If a member is unable to continue serving because of health, business requirements or personal reasons, a letter of resignation should be submitted to the City Council. The position of any member may be vacated at the discretion of the City Council if a member ceases to meet the qualifications for office, when Council accepts the member’s resignation, when the member fails to comply with the attendance, training, and reporting requirements, or when the Council so declares.
BROAD REPRESENTATION
Representation on City commissions by residents from across the City promotes broad engagement, equity and access to City decisionmakers. To promote broad engagement the City discourages individuals from serving on two or more City commissions simultaneously. Additionally, the City’s municipal code section
2.36.010 currently prevents the Council from appointing members who “cohabit” or are related by blood or marriage to be members of the same City advisory body.
ETHICS
Residents and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the City Council has adopted a Code of Ethics and Conduct for Elected and Appointed Officials (Resolution No. 23-122). Commissioners should be familiar with and must comply with the Ethics Code in conducting City business. Commissioners must review and sign the Code of Ethics, affirming that they understand and will uphold its principles.
MEETINGS
REGULAR MEETINGS
Commissions are required to hold regular meetings open to the public as provided by the enabling ordinance. The agenda for these meetings must be posted at least 72 hours prior to the meeting. A meeting may be cancelled by the staff liaison in consultation with the Chair if there is no Commission business to be conducted, or if a quorum will not be present. Staff will prepare the public cancellation notice. This cancellation procedure applies to both regular and special meetings.
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8 ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting; otherwise, any remaining items shall be continued to the next regular meeting of the Commission.
SPECIAL MEETINGS
A special meeting may be called by the Chair or a majority of the members to address time-sensitive matters that cannot wait until the next regular meeting.
Special meetings should be scheduled in coordination with the staff liaison, considering facility and staff availability, and are not intended to replace regular meetings for convenience.
SUBCOMMITTEES
The Chair may appoint special subcommittees of less than a quorum of the commission who then may meet at their convenience to carry out the purpose of the subcommittee. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisions will apply.
HYBRID MEETINGS AND REMOTE PARTICIPATION
The City offers hybrid meetings to make it easier for public engagement and participation for all commissions and committees. Under the Ralph M. Brown Act, commissioners may participate remotely if they follow the rules set by state law. Commissioners may participate remotely for an approved reason, either under standard state rules or for special circumstances such as illness, emergency, or caregiving. Commissioners should submit requests in advance and notify staff. For special circumstances, the reason should be stated during the meeting. A majority of the commission must still attend in person at the meeting location listed on the agenda. All meetings must be open to the public, and the public must be able to observe and provide comments either in person or remotely.
WORK PLAN
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9 A commission work plan is established annually to guide staff workflow and ensure that the commission’s activities align with City Council priorities, as well as the department’s strategic goals and objectives. This approach is used to set the agenda, prioritize initiatives, allocate resources effectively, and monitor progress throughout the year. The work plan serves as a framework for decisionmaking, promotes accountability, and ensures that the commission remains focused on achieving measurable outcomes that benefit the community.
New elements to the work plan should be introduced on an occasional basis and only in response to timely or emerging needs, rather than added routinely. All commission work plan items should align with the Council adopted goals and vision strategy.
AGENDAS
Each commission has a staff liaison responsible for preparing agendas in consultation with the Chair. If a commissioner or staff member intends to bring up an item for discussion or action, the item must be included on the agenda in accordance with the Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to set the agenda; staff will make every reasonable effort to meet. Commissioners can propose agenda items within the purpose of the commission to the staff liaison prior to the agenda setting date. No agenda item requiring preparation of a staff report may be scheduled without approval of the City Manager or their designee.
Agenda items shall be policy in nature and not operational, ensuring that the commission’s role remains focused on providing guidance rather than engaging in day-to-day administrative functions.
Future Agenda Setting
The staff liaison will maintain a list of future agenda items that the commission plans to discuss. The Chair, the staff liaison, or any two commissioners can add an agenda item within their purpose to the future agenda item list and it will be scheduled at the discretion of the Chair and staff liaison. To provide commissioners an opportunity to discuss whether to add an item to the future agenda itemlist, each regularly scheduled agenda will include a “Future Agenda Setting” item. Once an item is added to the future agenda item list, it cannot be removeduntil itisdiscussed for removal at a regularly scheduled meeting during the item for “Future Agenda Setting.” In addition, the item will not be removed 2738
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10 if the Chair or at least two commissioners wish for the item to remain on the future agenda item list.
Staff Updates and Commissioner Activity Report
Each regularly scheduled agenda will also include a "Staff and Commission Reports" item for staff to report on updates and the members to provide a concise report on any activities they have taken part in related to the commission since the prior regularly scheduled meeting.
PREPARATION FOR MEETINGS
• Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. Check if you may have a conflict of interest with any of the items due to property or monetary interests. If it is unclear, the commissioner can explain the situation to the staff liaison who can seek legal counsel from the City Attorney. For more information on conflicts of interest, please review the Fair Political Practices Commission (FPPC) Conflicts of Interest Rules.
• Understand what action you are being called upon to take for each particular agenda item.
• Contact the Chair or your staff liaison before the meeting to clarify questions about the agenda or request further information.
• Members are expected to check their emails regularly for meeting notices and updates.
• Understand the responsibilities of your commission. As a member of an advisory body, you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff.
MINUTES
The approved minutes are placed on file by the City Clerk for public access.
Commissions should strive to keep summary minutes as opposed to action minutes, unless automatic transcription of the meeting is available. If automatic transcription is made available to supplement official minutes, action minutes may be sufficient.
PROCEDURE
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11 Commissions follow the guidelines on parliamentary procedure contained in Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the basic format for an agenda item discussion.
DECORUM AT MEETINGS
• Discourage outward signs of agreement or disagreement from the audience such as cheering or clapping. Such demonstrations can intimidate those wishing to express alternate views and delay the meeting. Also see Conduct of Members in the Cupertino Ethics Code.
• Limit your own comments to the issues before the commission. Avoid the appearance of straying from the subject or "grandstanding".
BASIS FOR YOUR DECISION
Commission decisions should be based principally on the information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you should share that information with your fellow commissioners in the public meeting. This sharing of information will ensure that other commissioners and members of the public have a better understanding of the rationale for your decision.
Commissioners are free to meet or refuse to meet with residents, resident groups, developers or prospective contractors, or any persons outside of the public meeting process concerning issues before the commission.
Commissioners shall disclose any ex parte contact with parties to or participants in a quasi-judicial matter. (A quasi- judicial matter is typically a hearing in which a commission hears evidence and makes findings of fact to reach a conclusion based on the applicable law.) Commissioners are encouraged to disclose meetings with other individuals that provide information upon which to base the commissioners’ decisions.
All quasi-judicial procedures and process must follow due process and allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination or refusal to hear an issue, may invalidate actions.
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12 Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position.
RECOMMENDATIONS AND REPORTS TO CITY COUNCIL
The Chair shall select a member to represent the commission at any City Council meeting where a commission recommendation is agendized for discussion. The commissioner selected by the Chair as the commission representative should strive to represent the position of the commission as a whole at the meeting, as necessary, regardless of the commissioner’s personal views. Each commission shall prepare an annual report on its activities for the City Council.
CITY WORK PROGRAM
The City Council approves an annual City Work Program to guide the work of the City. Commissioners are encouraged to review current City Work Program items and send their recommendations for additional items within the scope of the commission's jurisdiction to City Council for their consideration. Ultimately the City Council will determine the final items on the City Work Program. Since the City Council sets the City Work Program to guide the priority efforts in the City, commission work plans and agendas should be aligned accordingly.
COMMUNICATIONS
Commissioners should sign up for City email notifications to stay informed of various community events and public meetings.
The City uses social media outlets, surveys, email notifications, the Scene, and the City website for outreach to the community. For appropriate conduct on social media, see the City’s Social Media Policy.
USE OF CITY EMAIL
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13 All newly appointed City commissioners will be assigned a mandatory City email address after reviewing and signing the Technology Use Policy. Commissioners are required to inform Information Technology ([email protected]) and the staff liaison of any travel outside of the United States at least 2 business days prior to the said travel.
As noted under the Brown Act, care should be taken with regard to emails. Never select “Reply All” to an email to all commissioners or forward an email sent to you by one commissioner to another commissioner since that might constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison.
All City emails are subject to the Public Records Act, and you should use your City email to communicate about any matter within the jurisdiction of your commission. Emails sent from a personal email account, including those from a personal device, are also subject to the Public Records Act to the extent they address a matter related to your commission’s jurisdiction. Please use your City email when communicating to enhance efficiency and transparency. When advocating or discussing a matter within the scope of your commission’s jurisdiction, please ensure that the email cannot be construed as representing the views of the full commission, unless the commission has affirmatively voted to approve the position presented. Please do not forward or reply to a City email from your personal email address. Once your term on the commission is over, your City email will be terminated.
RESOURCES
Commissioners should familiarize themselves with the following resources:
City policies relating to ethics, social media, commissions, diversity, resident communication with staff, and technology, as well as the City organizational chart, a Rosenberg’s Rules of Order cheat sheet, and other resources can be found online in the Commission Resources folder.
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COMMISSIONERS’
HANDBOOK
2026
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Table of Contents
STRUCTURE OF GOVERNMENT 3
Form of Government
City Council
City Manager and Staff
Commissions
Committees
COMMISSION MEMBERSHIP 6
Quorum, Attendance, Training, and Reporting
Alternate Members
Broad Representation
Vacancies
Resignations and Removals
Ethics
MEETINGS 7
Regular Meetings Adjourned Meetings Special
Meetings Subcommittees
Hybrid Meetings and Remote Participation
Work Plan
Agendas Preparation for
Meetings Minutes
Procedure
Decorum at Meetings
Basis for your Decision
Recommendationsto City Council
CITY WORK PROGRAM 10
COMMUNICATIONS 11
RESOURCES 11
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THE STRUCTURE OF GOVERNMENT
FORM OF GOVERNMENT
The City of Cupertino operates as a general law city with a City Council-City Manager form of government where the City Council sets policy. The City Manager manages the implementation and administration of those policies.
CITY COUNCIL
The City Council is the governing legislative body of the City, consisting of five members elected in even numbered years to staggered four-year terms. These councilmembers then elect the mayor and vice mayor to one-year terms. The City Council sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council and the official spokesperson and representative of the City.
CITY MANAGER AND STAFF
City Manager
The City Manager has complete responsibility and authority for the administration of the City’s government. The City Manager is appointed by and serves at the pleasure of the Council and is the appointing authority for the City, selecting the department heads and other employees. The City Manager coordinates and directs the services of the City staff. Commissioners should not attempt to direct or prioritize work for departments or individual staff.
City Clerk
The City Clerk administers the recruitment, appointment, and onboarding of the appointed commissioners. The City Clerk administers the necessary steps for commissioners to begin their service, including administering the Oath of Office to commissioners and providing an orientation to the commissioners regarding the role of the commission to which they have been appointed. The City Clerk oversees commission membership, including annual attendance, ensuring commissioners submit a signed Code of Ethics and complete the necessary trainings. The City Clerk is the filing officer for Statements of Economic Interests (Form 700s), and any other required filing as identified by the City Council and the State. 2745
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City Attorney
The City Attorney’s Office provides legal advice to City commissions and staff supporting the commissions. The City Attorney may provide advice regarding matters pending before a commission, compliance with the Brown Act, and other legal issues. In addition, commissioners may seek informal advice from the City Attorney’s Office regarding conflicts of interest; provided, however, that it is understood that a commissioner is automatically protected from potential liability for conflict of interest only upon taking action that conforms to a written opinion issued by the California Fair Political Practices Commission.
Staff
Staff refers to City employees assigned by the When assigned by the City Manager to assist Commissions in an advisory capacity. Staff provide subject matter expertise, analysis, and guidance to help the Commission make informed decisions. Staff also coordinates logistics associated with legal requirements, agenda preparation and posting., staff assist and act in a technical advisory capacity to the commissions. It is not expected that every staff recommendation will be followed; however, because of the staff's technical knowledge, full consideration should be given to their recommendation. Staff are at liberty to make their recommendation to the City Council through the City Manager, even though the commission may have taken a different position. However, in these cases, the commission recommendation will be made clear to the City Council.
Staff Liaison
A staff liaison is assigned to each commission and is the primary point of contact for all commissioners. Their main duties include facilitating meetings, preparing agendas, and advising commissioners. Commissioners should reach out to their liaison if they have any questions regarding matters of the commission, if they’ve received an inquiry from a member of the public, or if they would like to contact other staff regarding official business.
Commission Administrator
The Commission Administrator supports commissioners on meeting procedures, noticing requirements, and materials submitted for the public record. They attend and manage administrative aspects of Commission meetings, including preparing agendas and minutes, running the virtual platform, coordinating meeting technology, and timing public comment.
COMMISSIONS
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Commissions are subsidiary legislative bodies, subject to the Brown Act, comprised solely of members appointed by the City Council. The primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council.
Commissions do not manage or direct day-to-day operations or the work of staff. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision-making.
The Council has appointed commissioners as advisors to them. Individual commissioners are at liberty to express their personal opinions to the City Council on items within the scope of their commission’s jurisdiction if they clearly state that they are speaking on behalf of themselves only. The Council appreciates hearing the rationale supporting both the majority position and the minority position, as this enriches the decision-making process. [However, if the individual commissioner’s personal recommendation is inconsistent with a position taken by the full commission, the individual commissioner should also provide the City Council with a general description of the full commission’s position.] . The scope of work, purpose, and other primary functions for each commission can be found in the City Municipal Code Title 2.
Chair and Vice Chair
Each year, every commission will elect from its membership a Chairperson (Chair) and a Vice Chairperson (Vice Chair) who serve at the pleasure of the commission for a one-year term. The Vice Chair acts in this capacity when the Chair is not available.
The Chair should:
• Meet with the staff liaison to collaborate on agenda items, guided by the Work Plan.
• Maintain order of the meeting, ensure respect for all opinions, protect commissioners, staff, and the public from personal attacks. • Keep discussion focused on the agendized issue at hand. • Solicit opinions from commissioners. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant commissioners from having disproportionate control over the discussion.
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• Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action.
• Set meeting rules early and make sure everyone abides by them without exception.
• Set an acceptable time limit for public testimony (generally three minutes per individual and 10 minutes per group) and stick to it. At the Chair's discretion, the public can interact with the members of the commission beyond the public-comment time limit in order to facilitate better communication of the agendized topic. However, the Chair should take care that all members of the public are given the same opportunities to participate in commission meetings.
• Provide periodic updates, approved by the full body, to Council regarding the status of their activities as requested by Council.
COMMITTEES
Committees, for purposes of this Handbook, are subsidiary legislative bodies that are comprised in part of members appointed by the City Council (either directly or ex officio). Committees may also include Councilmembers or City staff among their membership. Where applicable, the requirements of this Handbook shall apply to Council-appointed committee members and to committee meetings and procedures
COMMISSION MEMBERSHIP
QUORUM,ATTENDANCE, TRAINING, AND REPORTING
A quorum consists of a majority of the members of the commission. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the staff liaison and Chair should be notified if a member knows in advance that they will be absent.
Each member, including alternate members, should complete all training required by state or federal law or by a City rule or policy. Required Trainings for Commissioners:
• Ethics (AB 1234): 2 hours; within 6 months of appointment, then every 2 years. • Anti-Harassment (SB 1343): 1 hour; within 6 months, then every 2 years. 2748
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• Annual Commission Training: Once per year.
A member may be removed from an advisory body by a vote of the City Council under the following conditions, in addition to those stated under Resignations and Removals below:
• A member misses more than three consecutive meetings during a term
• A member misses more than 25% of the advisory body's regular meetings in a calendar year
• A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance
• Any meeting canceled due to the lack of a quorum will be counted against all of the commissioner(s) unable to participate as a missed meeting.
ALTERNATE MEMBERS
One alternate commission member will be appointed to each commission. The alternate member attends commission meetings as a non-voting member. In the event a regular commission member is absent, the alternate member will step into the absent member’s role for that meeting, as both a voting member and for the purpose of satisfying quorum requirements. If a regular commission member vacates their seat, the City will undertake a recruitment under the Maddy Act (Govt. Code Sections 54970 through 54972) to identify a member to be appointed by the Council to fill the vacancy. Alternates have all the same requirements and capabilities as regular commissioners except voting rights.
VACANCIES
Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term
RESIGNATIONS AND REMOVALS
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the City Council. The position of any member may be vacated at the discretion of the City Council if a member ceases to meet the qualifications for office, when Council accepts the member’s resignation, when the member fails to comply with the attendance, training, and reporting requirements, or when the Council so declares.
BROAD REPRESENTATION
Representation on City commissions by residents from across the City promotes broad engagement, equity and access to City decisionmakers. To promote broad engagement the City discourages individuals from serving on two or more City commissions simultaneously. Additionally, the City’s municipal code section
2.36.010 currently prevents the Council from appointing members who “cohabit” or are related by blood or marriage to be members of the same City advisory body.
ETHICS
Residents and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the City Council has adopted a Code of Ethics and Conduct for Elected and Appointed Officials (Resolution No. 23-122). Commissioners should be familiar with and must comply with the Ethics Code in conducting City business. Commissioners must review and sign the Code of Ethics, affirming that they understand and will uphold its principles.
MEETINGS
REGULAR MEETINGS
Commissions are required to hold regular meetings open to the public as provided by the enabling ordinance. The agenda for these meetings must be posted at least 72 hours prior to the meeting. A meeting may be cancelled by the staff liaison in consultation with the Chair if there is no Commission business to be conducted, or if a quorum will not be present. Staff will prepare the public cancellation notice. This cancellation procedure applies to both regular and special meetings.
ADJOURNED MEETINGS
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If the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting; otherwise, any remaining items shall be continued to the next regular meeting of the Commission.
SPECIAL MEETINGS
A special meeting may be called by the Chair or a majority of the members to address time-sensitive matters that cannot wait until the next regular meeting.
Special meetings should be scheduled in coordination with the staff liaison, considering facility and staff availability, and are not intended to replace regular meetings for convenience.
SUBCOMMITTEES
The Chair may appoint special subcommittees of less than a quorum of the commission who then may meet at their convenience to carry out the purpose of the subcommittee. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisions will apply.
HYBRID MEETINGS AND REMOTE PARTICIPATION
The City offers hybrid meetings to make it easier for public engagement and participation for all commissions and committees. Under the Ralph M. Brown Act, commissioners may participate remotely if they follow the rules set by state law. Commissioners may participate remotely for an approved reason, either under standard state rules or for special circumstances such as illness, emergency, or caregiving. Commissioners should submit requests in advance and notify staff. For special circumstances, the reason should be stated during the meeting. A majority of the commission must still attend in person at the meeting location listed on the agenda. All meetings must be open to the public, and the public must be able to observe and provide comments either in person or remotely.
WORK PLAN
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as the department’s strategic goals and objectives. This approach is used to set the agenda, prioritize initiatives, allocate resources effectively, and monitor progress throughout the year. The work plan serves as a framework for decisionmaking, promotes accountability, and ensures that the commission remains focused on achieving measurable outcomes that benefit the community.
New elements to the work plan should be introduced on an occasional basis and only in response to timely or emerging needs, rather than added routinely. All commission work plan items should align with the Council adopted goals and vision strategy.
AGENDAS
Each commission has a staff liaison responsible for preparing agendas in consultation with the Chair. If a commissioner or staff member intends to bring up an item for discussion or action, the item must be included on the agenda in accordance with the Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to set the agenda; staff will make every reasonable effort to meet. Commissioners can propose agenda items within the purpose of the commission to the staff liaison prior to the agenda setting date. No agenda item requiring preparation of a staff report may be scheduled without approval of the City Manager or their designee.
Agenda items shall be policy in nature and not operational, ensuring that the commission’s role remains focused on providing guidance rather than engaging in day-to-day administrative functions.
Future Agenda Setting
The staff liaison will maintain a list of future agenda items that the commission plans to discuss. The Chair, the staff liaison, or any two commissioners can add an agenda item within their purpose to the future agenda item list and it will be scheduled at the discretion of the Chair and staff liaison. To provide commissioners an opportunity to discuss whether to add an item to the future agenda itemlist, each regularly scheduled agenda will include a “Future Agenda Setting” item. Once an item is added to the future agenda item list, it cannot be removeduntil itisdiscussed for removal at a regularly scheduled meeting during the item for “Future Agenda Setting.” In addition, the item will not be removed if the Chair or at least two commissioners wish for the item to remain on the future agenda item list.
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Staff Updates and Commissioner Activity Report
Each regularly scheduled agenda will also include a " Staff and Commission Reports" item for staff to report on updates and the members to provide a concise report on any activities they have taken part in related to the commission since the prior regularly scheduled meeting.
PREPARATION FOR MEETINGS
• Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. Check if you may have a conflict of interest with any of the items due to property or monetary interests. If it is unclear, the commissioner can explain the situation to the staff liaison who can seek legal counsel from the City Attorney. For more information on conflicts of interest, please review the Fair Political Practices Commission (FPPC) Conflicts of Interest Rules.
• Understand what action you are being called upon to take for each particular agenda item.
• Contact the Chair or your staff liaison before the meeting to clarify questions about the agenda or request further information.
• Members are expected to check their emails regularly for meeting notices and updates.
• Understand the responsibilities of your commission. As a member of an advisory body, you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff.
MINUTES
The approved minutes are placed on file by the City Clerk for public access.
Commissions should strive to keep summary minutes as opposed to action minutes, unless automatic transcription of the meeting is available. If automatic transcription is made available to supplement official minutes, action minutes may be sufficient.
PROCEDURE
Commissions follow the guidelines on parliamentary procedure contained in Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the basic format for an agenda item discussion.
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DECORUM AT MEETINGS
• Discourage outward signs of agreement or disagreement from the audience such as cheering or clapping. Such demonstrations can intimidate those wishing to express alternate views and delay the meeting. Also see Conduct of Members in the Cupertino Ethics Code.
• Limit your own comments to the issues before the commission. Avoid the appearance of straying from the subject or "grandstanding".
BASIS FOR YOUR DECISION
Commission decisions should be based principally on the information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you should share that information with your fellow commissioners in the public meeting. This sharing of information will ensure that other commissioners and members of the public have a better understanding of the rationale for your decision.
Commissioners are free to meet or refuse to meet with residents, resident groups, developers or prospective contractors, or any persons outside of the public meeting process concerning issues before the commission.
Commissioners shall disclose any ex parte contact with parties to or participants in a quasi-judicial matter. (A quasi- judicial matter is typically a hearing in which a commission hears evidence and makes findings of fact to reach a conclusion based on the applicable law.) Commissioners are encouraged to disclose meetings with other individuals that provide information upon which to base the commissioners’ decisions.
All quasi-judicial procedures and process must follow due process and allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination or refusal to hear an issue, may invalidate actions.
Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact 2754
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and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position.
RECOMMENDATIONS AND REPORTS TO CITY COUNCIL
The Chair shall select a member to represent the commission at any City Council meeting where a commission recommendation is agendized for discussion. The commissioner selected by the Chair as the commission representative should strive to represent the position of the commission as a whole at the meeting, as necessary, regardless of the commissioner’s personal views. Each commission shall prepare an annual report on its activities for the City Council.
CITY WORK PROGRAM
The City Council approves an annual City Work Program to guide the work of the City. Commissioners are encouraged to review current City Work Program items and send their recommendations for additional items within the scope of the commission's jurisdiction to City Council for their consideration . Ultimately the City Council will determine the final items on the City Work Program. Since the City Council sets the City Work Program to guide the priority efforts in the City, commission work plans and agendas should be aligned accordingly.
COMMUNICATIONS
Commissioners should sign up for City email notifications to stay informed of various community events and public meetings.
The City uses social media outlets, surveys, email notifications, the Scene, and the City website for outreach to the community. For appropriate conduct on social media, see the City’s Social Media Policy.
USE OF CITY EMAIL
All newly appointed City commissioners will be assigned a mandatory City email address after reviewing and signing the Technology Use Policy. Commissioners are required to inform Information Technology ([email protected]) and the 2755
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staff liaison of any travel outside of the United States at least 2 business days prior to the said travel.
As noted under the Brown Act, care should be taken with regard to emails. Never select “Reply All” to an email to all commissioners or forward an email sent to you by one commissioner to another commissioner since that might constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison.
All City emails are subject to the Public Records Act, and you should use your City email to communicate about any matter within the jurisdiction of your commission. Emails sent from a personal email account, including those from a personal device, are also subject to the Public Records Act to the extent they address a matter related to your commission’s jurisdiction. Please use your City email when communicating to enhance efficiency and transparency. When advocating or discussing a matter within the scope of your commission’s jurisdiction, please ensure that the email cannot be construed as representing the views of the full commission, unless the commission has affirmatively voted to approve the position presented. Please do not forward or reply to a City email from your personal email address. Once your term on the commission is over, your City email will be terminated.
RESOURCES
Commissioners should familiarize themselves with the following resources:
City policies relating to ethics, social media, commissions, diversity, resident communication with staff, and technology, as well as the City organizational chart, a Rosenberg’s Rules of Order cheat sheet, and other resources can be found online in the Commission Resources folder.
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COMMISSIONERS’
HANDBOOK
2026
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Table of Contents
STRUCTURE OF GOVERNMENT 3
Form of Government
City Council
City Manager and Staff
Commissions
Committees
COMMISSION MEMBERSHIP 6
Quorum, Attendance, Training, and Reporting
Alternate Members
Broad Representation
Vacancies
Resignations and Removals
Ethics
MEETINGS 7
Regular Meetings Adjourned Meetings Special
Meetings Subcommittees
Hybrid Meetings and Remote Participation
Work Plan
Agendas Preparation for
Meetings Minutes
Procedure
Decorum at Meetings
Basis for your Decision
Recommendationsto City Council
CITY WORK PROGRAM 10
COMMUNICATIONS 11
RESOURCES 11
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2 THE STRUCTURE OF GOVERNMENT
FORM OF GOVERNMENT
The City of Cupertino operates as a general law city with a City Council-City Manager form of government where the City Council sets policy. The City Manager manages the implementation and administration of those policies.
CITY COUNCIL
The City Council is the governing legislative body of the City, consisting of five members elected in even numbered years to staggered four-year terms. These councilmembers then elect the mayor and vice mayor to one-year terms. The City Council sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council and the official spokesperson and representative of the City.
CITY MANAGER AND STAFF
City Manager
The City Manager has complete responsibility and authority for the administration of the City’s government. The City Manager is appointed by and serves at the pleasure of the Council and is the appointing authority for the City, selecting the department heads and other employees. The City Manager coordinates and directs the services of the City staff. Commissioners should not attempt to direct or prioritize work for departments or individual staff.
City Clerk
The City Clerk administers the recruitment, appointment, and onboarding of the appointed commissioners. The City Clerk administers the necessary steps for commissioners to begin their service, including administering the Oath of Office to commissioners and providing an orientation to the commissioners regarding the role of the commission to which they have been appointed. The City Clerk oversees commission membership, including annual attendance, ensuring commissioners submit a signed Code of Ethics and complete the necessary trainings. The City Clerk is the filing officer for Statements of Economic Interests (Form 700s), and any other required filing as identified by the City Council and the State. 2759
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3 City Attorney
The City Attorney’s Office provides legal advice to City commissions and staff supporting the commissions. The City Attorney may provide advice regarding matters pending before a commission, compliance with the Brown Act, and other legal issues. In addition, commissioners may seek informal advice from the City Attorney’s Office regarding conflicts of interest; provided, however, that it is understood that a commissioner is automatically protected from potential liability for conflict of interest only upon taking action that conforms to a written opinion issued by the California Fair Political Practices Commission.
Staff
Staff refers to City employees assigned by the City Manager to assist Commissions in an advisory capacity. Staff provide subject matter expertise, analysis, and guidance to help the Commission make informed decisions. Staff also coordinates logistics associated with legal requirements, agenda preparation and posting. It is not expected that every staff recommendation will be followed; however, because of the staff's technical knowledge, full consideration should be given to their recommendation. Staff are at liberty to make their recommendation to the City Council through the City Manager, even though the commission may have taken a different position. However, in these cases, the commission recommendation will be made clear to the City Council.
Staff Liaison
A staff liaison is assigned to each commission and is the primary point of contact for all commissioners. Their main duties include facilitating meetings, preparing agendas, and advising commissioners. Commissioners should reach out to their liaison if they have any questions regarding matters of the commission, if they’ve received an inquiry from a member of the public, or if they would like to contact other staff regarding official business.
Commission Administrator
The Commission Administrator supports commissioners on meeting procedures, noticing requirements, and materials submitted for the public record. They attend and manage administrative aspects of Commission meetings, including preparing agendas and minutes, running the virtual platform, coordinating meeting technology, and timing public comment.
COMMISSIONS
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4 Commissions are subsidiary legislative bodies, subject to the Brown Act, comprised solely of members appointed by the City Council. The primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council.
Commissions do not manage or direct day-to-day operations or the work of staff. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision-making.
The Council has appointed commissioners as advisors to them. Individual commissioners are at liberty to express their personal opinions to the City Council on items within the scope of their commission’s jurisdiction if they clearly state that they are speaking on behalf of themselves only. The Council appreciates hearing the rationale supporting both the majority position and the minority position, as this enriches the decision-making process. [However, if the individual commissioner’s personal recommendation is inconsistent with a position taken by the full commission, the individual commissioner should also provide the City Council with a general description of the full commission’s position.] . The scope of work, purpose, and other primary functions for each commission can be found in the City Municipal Code Title 2.
Chair and Vice Chair
Each year, every commission will elect from its membership a Chairperson (Chair) and a Vice Chairperson (Vice Chair) who serve at the pleasure of the commission for a one-year term. The Vice Chair acts in this capacity when the Chair is not available.
The Chair should:
• Meet with the staff liaison to collaborate on agenda items, guided by the Work Plan.
• Maintain order of the meeting, ensure respect for all opinions, protect commissioners, staff, and the public from personal attacks. • Keep discussion focused on the agendized issue at hand. • Solicit opinions from commissioners. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant commissioners from having disproportionate control over the discussion.
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5 • Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action.
• Set meeting rules early and make sure everyone abides by them without exception.
• Set an acceptable time limit for public testimony (generally three minutes per individual and 10 minutes per group) and stick to it. At the Chair's discretion, the public can interact with the members of the commission beyond the public-comment time limit in order to facilitate better communication of the agendized topic. However, the Chair should take care that all members of the public are given the same opportunities to participate in commission meetings.
• Provide periodic updates, approved by the full body, to Council regarding the status of their activities as requested by Council.
COMMITTEES
Committees, for purposes of this Handbook, are subsidiary legislative bodies that are comprised in part of members appointed by the City Council (either directly or ex officio). Committees may also include Councilmembers or City staff among their membership. Where applicable, the requirements of this Handbook shall apply to Council-appointed committee members and to committee meetings and procedures
COMMISSION MEMBERSHIP
QUORUM,ATTENDANCE, TRAINING, AND REPORTING
A quorum consists of a majority of the members of the commission. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the staff liaison and Chair should be notified if a member knows in advance that they will be absent.
Each member, including alternate members, should complete all training required by state or federal law or by a City rule or policy. Required Trainings for Commissioners:
• Ethics (AB 1234): 2 hours; within 6 months of appointment, then every 2 years. 2762
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6 • Anti-Harassment (SB 1343): 1 hour; within 6 months, then every 2 years. • Annual Commission Training: Once per year.
A member may be removed from an advisory body by a vote of the City Council under the following conditions, in addition to those stated under Resignations and Removals below:
• A member misses more than three consecutive meetings during a term
• A member misses more than 25% of the advisory body's regular meetings in a calendar year
• A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance
• Any meeting canceled due to the lack of a quorum will be counted against all of the commissioner(s) unable to participate as a missed meeting.
ALTERNATE MEMBERS
One alternate commission member will be appointed to each commission. The alternate member attends commission meetings as a non-voting member. In the event a regular commission member is absent, the alternate member will step into the absent member’s role for that meeting, as both a voting member and for the purpose of satisfying quorum requirements. If a regular commission member vacates their seat, the City will undertake a recruitment under the Maddy Act (Govt. Code Sections 54970 through 54972) to identify a member to be appointed by the Council to fill the vacancy. Alternates have all the same requirements and capabilities as regular commissioners except voting rights.
VACANCIES
Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term
RESIGNATIONS AND REMOVALS
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7 If a member is unable to continue serving because of health, business requirements or personal reasons, a letter of resignation should be submitted to the City Council. The position of any member may be vacated at the discretion of the City Council if a member ceases to meet the qualifications for office, when Council accepts the member’s resignation, when the member fails to comply with the attendance, training, and reporting requirements, or when the Council so declares.
BROAD REPRESENTATION
Representation on City commissions by residents from across the City promotes broad engagement, equity and access to City decisionmakers. To promote broad engagement the City discourages individuals from serving on two or more City commissions simultaneously. Additionally, the City’s municipal code section
2.36.010 currently prevents the Council from appointing members who “cohabit” or are related by blood or marriage to be members of the same City advisory body.
ETHICS
Residents and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the City Council has adopted a Code of Ethics and Conduct for Elected and Appointed Officials (Resolution No. 23-122). Commissioners should be familiar with and must comply with the Ethics Code in conducting City business. Commissioners must review and sign the Code of Ethics, affirming that they understand and will uphold its principles.
MEETINGS
REGULAR MEETINGS
Commissions are required to hold regular meetings open to the public as provided by the enabling ordinance. The agenda for these meetings must be posted at least 72 hours prior to the meeting. A meeting may be cancelled by the staff liaison in consultation with the Chair if there is no Commission business to be conducted, or if a quorum will not be present. Staff will prepare the public cancellation notice. This cancellation procedure applies to both regular and special meetings.
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8 ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting; otherwise, any remaining items shall be continued to the next regular meeting of the Commission.
SPECIAL MEETINGS
A special meeting may be called by the Chair or a majority of the members to address time-sensitive matters that cannot wait until the next regular meeting.
Special meetings should be scheduled in coordination with the staff liaison, considering facility and staff availability, and are not intended to replace regular meetings for convenience.
SUBCOMMITTEES
The Chair may appoint special subcommittees of less than a quorum of the commission who then may meet at their convenience to carry out the purpose of the subcommittee. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisions will apply.
HYBRID MEETINGS AND REMOTE PARTICIPATION
The City offers hybrid meetings to make it easier for public engagement and participation for all commissions and committees. Under the Ralph M. Brown Act, commissioners may participate remotely if they follow the rules set by state law. Commissioners may participate remotely for an approved reason, either under standard state rules or for special circumstances such as illness, emergency, or caregiving. Commissioners should submit requests in advance and notify staff. For special circumstances, the reason should be stated during the meeting. A majority of the commission must still attend in person at the meeting location listed on the agenda. All meetings must be open to the public, and the public must be able to observe and provide comments either in person or remotely.
WORK PLAN
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9 A commission work plan is established annually to guide staff workflow and ensure that the commission’s activities align with City Council priorities, as well as the department’s strategic goals and objectives. This approach is used to set the agenda, prioritize initiatives, allocate resources effectively, and monitor progress throughout the year. The work plan serves as a framework for decisionmaking, promotes accountability, and ensures that the commission remains focused on achieving measurable outcomes that benefit the community.
New elements to the work plan should be introduced on an occasional basis and only in response to timely or emerging needs, rather than added routinely. All commission work plan items should align with the Council adopted goals and vision strategy.
AGENDAS
Each commission has a staff liaison responsible for preparing agendas in consultation with the Chair. If a commissioner or staff member intends to bring up an item for discussion or action, the item must be included on the agenda in accordance with the Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to set the agenda; staff will make every reasonable effort to meet. Commissioners can propose agenda items within the purpose of the commission to the staff liaison prior to the agenda setting date. No agenda item requiring preparation of a staff report may be scheduled without approval of the City Manager or their designee.
Agenda items shall be policy in nature and not operational, ensuring that the commission’s role remains focused on providing guidance rather than engaging in day-to-day administrative functions.
Future Agenda Setting
The staff liaison will maintain a list of future agenda items that the commission plans to discuss. The Chair, the staff liaison, or any two commissioners can add an agenda item within their purpose to the future agenda item list and it will be scheduled at the discretion of the Chair and staff liaison. To provide commissioners an opportunity to discuss whether to add an item to the future agenda itemlist, each regularly scheduled agenda will include a “Future Agenda Setting” item. Once an item is added to the future agenda item list, it cannot be removeduntil itisdiscussed for removal at a regularly scheduled meeting during the item for “Future Agenda Setting.” In addition, the item will not be removed 2766
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10 if the Chair or at least two commissioners wish for the item to remain on the future agenda item list.
Staff Updates and Commissioner Activity Report
Each regularly scheduled agenda will also include a "Staff and Commission Reports" item for staff to report on updates and the members to provide a concise report on any activities they have taken part in related to the commission since the prior regularly scheduled meeting.
PREPARATION FOR MEETINGS
• Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. Check if you may have a conflict of interest with any of the items due to property or monetary interests. If it is unclear, the commissioner can explain the situation to the staff liaison who can seek legal counsel from the City Attorney. For more information on conflicts of interest, please review the Fair Political Practices Commission (FPPC) Conflicts of Interest Rules.
• Understand what action you are being called upon to take for each particular agenda item.
• Contact the Chair or your staff liaison before the meeting to clarify questions about the agenda or request further information.
• Members are expected to check their emails regularly for meeting notices and updates.
• Understand the responsibilities of your commission. As a member of an advisory body, you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff.
MINUTES
The approved minutes are placed on file by the City Clerk for public access.
Commissions should strive to keep summary minutes as opposed to action minutes, unless automatic transcription of the meeting is available. If automatic transcription is made available to supplement official minutes, action minutes may be sufficient.
PROCEDURE
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11 Commissions follow the guidelines on parliamentary procedure contained in Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the basic format for an agenda item discussion.
DECORUM AT MEETINGS
• Discourage outward signs of agreement or disagreement from the audience such as cheering or clapping. Such demonstrations can intimidate those wishing to express alternate views and delay the meeting. Also see Conduct of Members in the Cupertino Ethics Code.
• Limit your own comments to the issues before the commission. Avoid the appearance of straying from the subject or "grandstanding".
BASIS FOR YOUR DECISION
Commission decisions should be based principally on the information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you should share that information with your fellow commissioners in the public meeting. This sharing of information will ensure that other commissioners and members of the public have a better understanding of the rationale for your decision.
Commissioners are free to meet or refuse to meet with residents, resident groups, developers or prospective contractors, or any persons outside of the public meeting process concerning issues before the commission.
Commissioners shall disclose any ex parte contact with parties to or participants in a quasi-judicial matter. (A quasi- judicial matter is typically a hearing in which a commission hears evidence and makes findings of fact to reach a conclusion based on the applicable law.) Commissioners are encouraged to disclose meetings with other individuals that provide information upon which to base the commissioners’ decisions.
All quasi-judicial procedures and process must follow due process and allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination or refusal to hear an issue, may invalidate actions.
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12 Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position.
RECOMMENDATIONS AND REPORTS TO CITY COUNCIL
The Chair shall select a member to represent the commission at any City Council meeting where a commission recommendation is agendized for discussion. The commissioner selected by the Chair as the commission representative should strive to represent the position of the commission as a whole at the meeting, as necessary, regardless of the commissioner’s personal views. Each commission shall prepare an annual report on its activities for the City Council.
CITY WORK PROGRAM
The City Council approves an annual City Work Program to guide the work of the City. Commissioners are encouraged to review current City Work Program items and send their recommendations for additional items within the scope of the commission's jurisdiction to City Council for their consideration. Ultimately the City Council will determine the final items on the City Work Program. Since the City Council sets the City Work Program to guide the priority efforts in the City, commission work plans and agendas should be aligned accordingly.
COMMUNICATIONS
Commissioners should sign up for City email notifications to stay informed of various community events and public meetings.
The City uses social media outlets, surveys, email notifications, the Scene, and the City website for outreach to the community. For appropriate conduct on social media, see the City’s Social Media Policy.
USE OF CITY EMAIL
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13 All newly appointed City commissioners will be assigned a mandatory City email address after reviewing and signing the Technology Use Policy. Commissioners are required to inform Information Technology ([email protected]) and the staff liaison of any travel outside of the United States at least 2 business days prior to the said travel.
As noted under the Brown Act, care should be taken with regard to emails. Never select “Reply All” to an email to all commissioners or forward an email sent to you by one commissioner to another commissioner since that might constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison.
All City emails are subject to the Public Records Act, and you should use your City email to communicate about any matter within the jurisdiction of your commission. Emails sent from a personal email account, including those from a personal device, are also subject to the Public Records Act to the extent they address a matter related to your commission’s jurisdiction. Please use your City email when communicating to enhance efficiency and transparency. When advocating or discussing a matter within the scope of your commission’s jurisdiction, please ensure that the email cannot be construed as representing the views of the full commission, unless the commission has affirmatively voted to approve the position presented. Please do not forward or reply to a City email from your personal email address. Once your term on the commission is over, your City email will be terminated.
RESOURCES
Commissioners should familiarize themselves with the following resources:
City policies relating to ethics, social media, commissions, diversity, resident communication with staff, and technology, as well as the City organizational chart, a Rosenberg’s Rules of Order cheat sheet, and other resources can be found online in the Commission Resources folder.
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CITY OF CUPERTINO
Agenda Item
25-14532 Agenda Date: 4/7/2026
Agenda #: 14.
Subject: Determine next steps for the agreement with the Cupertino Chamber of Commerce.
Receive update and provide direction on the agreement with the Cupertino Chamber of Commerce.
1. Authorize Agreement Extension with Revised Scope of Work (Recommended); or
2. Authorize Agreement to Expire without Extension; or
3. Authorize Agreement Extension with Existing Scope and Funding.
CITY OF CUPERTINO Page 1 of 1 Printed on 4/3/2026
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1 CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: April 7, 2026
Subject
Determine next steps for the agreement with the Cupertino Chamber of Commerce.
Recommended Action
Receive update and provide direction on the agreement with the Cupertino Chamber of Commerce.
1. Authorize Agreement Extension with Revised Scope of Work (Recommended); or
2. Authorize Agreement to Expire without Extension; or
3. Authorize Agreement Extension with Existing Scope and Funding.
Background
On June 6, 2023, the City Council authorized the City Manager to execute an agreement, Attachment A1, between the City of Cupertino and the Cupertino Chamber of Commerce for up to five years, at an annual amount not-to-exceed $52,000.
On April 30, 2024, the agreement between the City of Cupertino and the Cupertino Chamber of Commerce was fully executed for a one-year term, initiating the first year of the agreement.
On April 30, 2025, the term of the agreement entered its second year on another one-year term.
The current agreement is scheduled to expire on April 30, 2026.
The City has had a long-standing partnership with the Chamber; however, prior to 2023, there was no formal agreement in place. In 2023, the agreement was established via Council direction to expand the City’s reach to businesses in Cupertino and to help the City adopt a coordinated and comprehensive approach in supporting businesses amid the post-pandemic economic landscape. Key components of the agreement and an overview of services provided by the Chamber to date are included below. As part of the agreement, the Chamber is required to send quarterly updates to the City outlining services performed by the Chamber during each 1 The executed agreement also includes the scope of work approved by the City Council. 2772
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2 reporting period. All quarterly reports submitted to date are included with this staff report as Attachment B.
Key Components of the Agreement:
The agreement with the Cupertino Chamber of Commerce authorizes an amount not to exceed $52,000 annually, at a billable rate of $50 per hour. The scope of work encompasses topics such as technical assistance, marketing and promotions, and event and meeting support. The full scope of work is detailed Attachment A, beginning on Page 10.
Overview of Services Provided by the Chamber Under Agreement:
In the first year of the agreement, $23,150 was expended for services performed. In the second year, only $4,150 has been expended to date for services rendered. Table 1 below summarizes the budget and amount expended for each year of the agreement.
Table 1
Year Budget (Not to Exceed) Amount Expended
Year 1 $52,000 $23,150
Year 2 $52,000 $4,150
During the first two years of the agreement, the Cupertino Chamber of Commerce provided the following services as outlined in their scope of work:
1. Technical Assistance
• Planned and hosted 10 technical assistance seminars/webinars and selected topics with the City that are pertinent to small businesses.
• Supported business programs and initiatives developed by the City such as Cupertino Business Outreach Program, SVEDA Broker Breakfast, Restaurant Week, Dine Out July Fourth, National Small Business Week, Small Business Saturday. • Participated in exercises related to business resiliency and continuity as part of the City’s Emergency Operations Plan (EOP) update.
• Assisted the City with outreach to businesses for stakeholder focus group meetings to gather feedback from the business community.
• Participated in Small Business Technology Platform (i.e. Cupertino Business Resource Hub) as a resource provider and conducted outreach to small businesses. • Coordinated four ribbon cutting events.
2. Marketing & Promotion
• Marketed and promoted 20 business-related City events held in Cupertino such as Women Business Luncheons, Technical Assistance Workshops, Ribbon Cuttings, Retail Theft Webinar, Restaurant Week, Dine Out July Fourth.
• Conducted outreach and education regarding prospective policy changes, and new city rules and regulations such as Cupertino Minimum Wage and Cupertino Tobacco Retailer Permit Ordinance.
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3 • Designed and promoted over 15 marketing campaigns related to Technical Assistance Workshops, Women Business Luncheons, Shop Local.
• Supported Small Business Saturday activities such as National Small Business Week and Small Business Saturday promotional video.
• Produced 2 online publications to include information on the City, community, and businesses of Cupertino.
• Promoted, at the City’s request, community events, programs, services, and alerts such as State of the City, CREST Awards, City Commission vacancies relevant to the business community.
3. Events & Meetings
• Provided and promoted opportunities for City representatives to present and connect with businesses at Chamber meetings such as Legislative Action Committee. • Hosted 5 quarterly professional Women’s business luncheons to provide networking opportunities for women in business and hear from a speaker or special presenter. • Assisted city staff in scheduling and participating in 6 Cupertino Business Outreach Program meetings with Cupertino businesses such as Mirapath, KeyPoint Credit Union, Local Kitchens.
4. Other Provisions
• Provided Chamber membership to the City, including registration for two City staff as well as all Councilmembers at events hosted by the Chamber.
Council has requested to revisit the Chamber agreement scope and duties given the formation of the new Economic Development Committee that also supports economic development activities in the city.
Staff has also researched partnerships that the other cities in Santa Clara County currently have in place with their respective Chambers. Out of the 12 cities that staff researched, responses have been received from 11 cities. Of those, 9 reported having a partnership with their Chamber and 2 indicated that no partnership is currently in place. 3 reported partnering for visitorrelated services. Details of this research are provided in Attachment C.
Possible Options and Next Steps
With the agreement ending on April 30, 2026, staff is seeking Council direction on the next steps regarding the agreement between the City of Cupertino and the Cupertino Chamber of Commerce. City’s economic development staff has discussed a future partnership structure with Chamber staff to confirm the level of service that the Chamber can deliver. The proposed service level and allocation are included as the staff recommended option below.
Specifically, the Council may choose to:
1. Authorize Agreement Extension with Revised Scope of Work (Recommended) 2774
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4 Adopt a staff recommended revised scope of work, Attachment D, updated to reflect current support levels, and revised compensation, Attachment F, and authorize the City Manager to execute the amended agreement.
2. Authorize Agreement to Expire without Extension
Direct City Manager to not extend the agreement for an additional one-year period, allowing the agreement to expire on April 30, 2026.
3. Authorize Agreement Extension with Existing Scope and Funding Direct City Manager to extend the agreement for an additional one-year period, maintaining the current scope of work and funding structure.
Staff will implement the City Council’s direction and take the necessary administrative actions to carry out such direction.
Sustainability Impact
No sustainability impact.
Fiscal Impact
1. Authorize Agreement Extension with Revised Scope of Work The recommended option would reduce the annual allocation from a not-to-exceed amount of $52,000 to a not-to-exceed amount of $5,000 from the Economic Development Division’s budget beginning in FY 2026-27, resulting in a saving and reduction of $47,800 in budget funding. The recommended option supports up to six (6) technical assistance workshops and up to four (4) women’s business luncheons, as well as monthly 30-minute coordination meetings between City and Chamber staff. This recommendation is based on the average hours required for Chamber staff to deliver past technical assistance workshops, which took around seven (7) hours, and women’s business luncheons, which took approximately nine (9) hours. Staff also included a contingency budget of $800 to cover unanticipated expenses related to technical assistance seminars/webinars and professional Women’s business luncheons.
2. Authorize Agreement to Expire without Extension
Allowing the agreement to expire on April 30, 2026, would permanently eliminate the annual allocation of $52,000 from the Economic Development Division’s budget beginning in FY 2026–27.
3. Authorize Agreement Extension with Existing Scope and Funding Continuing the existing agreement would maintain the $52,000 annual appropriation in the Economic Development Division’s budget for FY 2026–27.
City Work Program (CWP) Item/Description
None.
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5 Council Goal
Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Daniel Degu, Economic Development Manager
Reviewed by: Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Cupertino Chamber of Commerce Fully Executed Agreement & Scope of Work B – Quarterly Reports April 2024 through December 2025
C – Chamber Relationships in Other Cities
D – Revised Scope of Work (redline)
E – Revised Scope of Work (clean)
F – Revised Compensation (redline)
G – Revised Compensation (clean)
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PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation the Cupertino Chamber of Commerce Limited Liability Company for technical assistance services to existing and prospective businesses located in the City of Cupertino and . 2. SERVICES
Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID19.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on April 30, 2025 effective date and shall be completed by April 30, 2025. At the end of the term, the City shall have options to extend the term on a year-to-year basis up to an additional four years. The City shall exercise each one-year option by providing written notice to the Contractor at least 30 days prior to the expiration of the applicable term. Upon exercise of the option, the parties will amend Section or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $52,000 annually Exhibit A and the budget
and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if 2777
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without prior written approval of City. In the event the City exercises its option set forth in Section
3.1, this Section 4.1 will be amended to increase the annual amount by $52,000 as necessary.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to or other benefits from the City.
5.2 Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors.
Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the not greater than they would have been had the determination not been made. 2778
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6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed 2779
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to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the dat Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of contributions in making the
including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d)
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 2780
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11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a thirdContractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
11.4. a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 2781
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1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Daniel Degu
under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Deborah Feng as its single Representative for all purposes under this Agreement, with authority to oversee the progress coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefore at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment and will be -approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
Either partymay terminate this Agreement for cause or without cause at any time. Contractor will 2782
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be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending
must be supported by law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in 2783
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no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave., Cupertino CA 95014
Attention: Daniel Degu
Email: [email protected]
To Contractor:
Cupertino Chamber of Commerce Inc.
20455 Silverado Ave., Cupertino CA 95014
Attention: Deborah Feng
Email: [email protected]
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
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Exhibit A - Scope of Work
CUPERTINO CHAMBER OF COMMERCE
Services to include, but not limited to, the following:
1. Technical Assistance:
a. Provide technical assistance services to existing and prospective businesses located in the City of Cupertino and seeking such assistance, including in-person, phone, and email during normal business hours (Monday through Friday 9 am to 5 pm), as well as provide information online through the Chamber website. Information shall include, but not limited to topics such as: - How to open, operate, or grow your business in Cupertino - Contacts for City services and departments - Help ensure that individuals and organizations doing business in the City of Cupertino possess a current business license. - Community events above and beyond those not already provided by the Chamber - Recreational amenities - Retail shopping and dining amenities - Lodging and conference facilities - Refer businesses and individuals to other businesses located in Cupertino. - Other general information requests b. Support business programs and initiatives developed by the City including but not limited to the Cupertino Business Outreach Program and business surveys. c. Plan and host at least four (4) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multicultural businesses, green business practices, digital marketing, etc. d. Participate in and secure business representation for exercises related to business update.
e. Assist the City with economic development research or business stakeholder focus groups as needed to gather feedback from the business community. f. Participate in Small Business Technology Platform as a resource provider and conduct outreach to onboard small businesses on the platform.
g. Coordinate ribbon cuttings for new business openings for businesses with a valid Cupertino business license and regardless of membership status with the Chamber.
2. Marketing & Promotion/Information Dissemination:
a. Develop and produce a Cupertino Dashboard with relevant Cupertino demographic and economic data in coordination with the City. This dashboard will be updated 2786
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quarterly. The City will use this data for business attraction and retention efforts, and to identify emerging trends, and where appropriate, recommend new policies. b. Support ad-hoc requests for information and services from individuals, organizations, and businesses that pertain to the greater Cupertino community. c. Market and promote business-related City events held in Cupertino. d. Conduct outreach and education regarding prospective policy changes, and new city rules and regulations (wages, waste reduction, transportation, Single Use Plastics, etc.) to all businesses in the City.
e. Design and promote current and future marketing campaigns (for example #ShopCupertino and #CupertinoCares).
f. Support Small Business Saturday activities and highlight all small businesses in the City.
g. Create, produce, and maintain an online publication to include information on the City, community, and businesses of Cupertino. Digital publication to be updated quarterly. h. At its office, the Chamber will make available information provided by the City, which may include, but not limited to: - The Scene - Recreation Brochure - City Contact Information - Other materials as they become available i. As appropriate and or as requested by the City, the Chamber will promote community events, programs, services, and alerts.
j. Conduct and share surveys and survey results relevant to the economic health of Cupertino.
k.
for major regional events, including the Superbowl and World Cup Soccer, to present the City in a positive manner and to draw Cupertino into the events.
3. Events/Meetings:
a. Provide and promote opportunities for City representatives to present and connect with businesses at various Chamber and other meetings including but not limited to the Asian American Business Council, Legislative Action Committee, Chamber Board, and Chamber community forums.
b.
networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online.
c. Assist city staff in scheduling and participate in Cupertino Business Outreach Program (CBOP) in-person and virtual meetings with Cupertino businesses. d. Organize commercial and retail broker breakfasts.
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e. Attend City and other associated meetings as needed.
4. Other Provisions:
a. Provide Chamber membership for the City at no charge currently set at $3,000 for the established rate for employers with 201 to 300 employees. Benefits of this membership to include registration and meals for two City staff (City Manager and/or designee) as well as all Councilmembers at events hosted by the Chamber including:
o Chamber Star Awards
o LAC in-person meetings
o Lunar New Year Luncheon
o Other events as hosted by the Chamber
b. Chamber activities not related to this or other agreements with the City, will be regulated by the Municipal Code and Policies of the City of Cupertino. c. The City of Cupertino will provide quarterly updates of City of Cupertino business license holders upon request of the Chamber via email.
Reporting Requirements:
The Chamber will track information on a quarterly basis directly related to this Agreement and report to the City a summary of services referenced below rendered to Chamber members and non-members. These reports may include, but not limited to:
1. Technical Assistance:
o Number of businesses served.
o Sector and size of businesses served, and services rendered. o Number of ribbon cuttings or grand openings held for Cupertino businesses.
2. Marketing & Promotion/Information Dissemination:
o Summary of ad-hoc requests for information.
o Summary of business seminars and events organized including topics, attendees, other pertinent outcomes.
o Summary of outreach efforts around new city policies, rules, regulations. o Summary online impressions generated for marketing and promotions of campaigns.
3. Events/Meetings:
o Key performance indicators (KPIs) around marketing efforts including social media metrics.
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o Summary of the outreach conducted for events.
o Summary of broker breakfasts, in partnership with the City, including attendee contact information and leads generated.
4. Key successes achieved during the period.
5. Recommendations for future endeavors that advance the common goals of the agreement.
The reports will be in a format mutually agreed to in writing by the City and the Chamber. The City, where appropriate, will provide publicly available data to Chamber staff when partnering to implement activities outlined in this scope of work.
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Exhibit B Schedule of Performance
Cupertino Chamber of Commerce
The initial term of this agreement is one year from the effective date as defined in the signed agreement. The City Manager reserves the right, upon mutual consent and notice to the Chamber, to extend the contract for up to four additional years for the total term not to exceed five years. The consent and subject to the expenditure limits approved by the City Council, the City Manager can update the scope to best address the needs of the business community at the time as economic conditions change or new priorities emerge.
The Chamber will work monthly to accomplish the deliverables outlined in Exhibit A. The Chamber will receive compensation at the hourly rate established in Exhibit C. 2790
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Exhibit C Compensation
Cupertino Chamber of Commerce
Invoicing and Payments: The Chamber will submit monthly invoices which will include the number of hours spent on the Agreement scope. The City will pay at the rate of $50/hr for the worked performed. In no event shall the total amount paid under this Agreement exceed $52,000 annually.
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," -insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage - insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. : As required by the State of California, with Statutory Limits and E Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropr profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or selfthe insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional Higher Insurance Limits
If Consultant 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 Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 2793
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ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
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
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ 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
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
11/13/2023
18058
Cupertino Chamber of Commerce
Rick Kitson
20455 Silverado Avenue
Cupertino, CA 95014
A 1,000,000
X X PHPK2586410 8/10/2023 8/10/2024 100,000
5,000
1,000,000
2,000,000
2,000,000
A 1,000,000
PHPK2586410 8/10/2023 8/10/2024
A 1,000,000
PHUB889281 11/7/2023 8/10/2024 1,000,000
10,000
A Directors & Officers PHSD1807298 8/10/2023 Limit 1,000,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are provided additional insured status for general liability, including primary & non-contributory and waiver of subrogation only per written agreement with the named insured per attached forms CG 20 26 04 13, PI-GL-005 (waiver of subrogation form to follow).
The City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
CUPECHA-01 SDECKER
Acrisure Partners West Coast Insurance Services, LLC
1950 W Corporate Way #1 Anaheim, CA 92801
Alberto Medina
[email protected]
Philadelphia Indemnity Insurance Company
8/10/2024
X
X
X
X X
X
X
X
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of ADDITIONAL INSURED DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2586410
City of Cupertino
It's officers, agents & employees
(see manuscript for primary wording)
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PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Effective Date:
Name of Person or Organization (Additional Insured):
SECTION II WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of or relating to your negligence in the performance of your work for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.
This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.
This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or occurrence we cover for this Additional Insured.
The Additional Insureds limits of insurance do not increase our limits of insurance, as described in SECTION III LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.
City of Cupertino
08/10/2018
1 1
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HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400
DPL D001 CW (11/19) Page 1
Professional Liability Errors & Omissions Insurance Declarations This is a "Claims Made and Reported" Policy in which Claim Expenses are included within the Limit of Liability unless otherwise noted. Those words (other than the words in the captions) which are printed in Boldface are defined in the Policy.
Declaration Effective Date: July 24, 2023
Policy No.: P102.164.398.1
1. Named Insured: Cupertino Chamber of Commerce
2. Address: 20455 Silverado Ave
Cupertino, CA 95014
Email Address: [email protected]
3.A. Limit of Liability: $2,000,000 Each Claim
3.B. $2,000,000 Aggregate for all Claims
4. Deductible: $500 Each Claim
5. Notice: Phone:
Email:
Mail:
866-424-8508
[email protected]
Hiscox
5 Concourse Parkway, Suite 2150
Attn: Direct Claims
Atlanta GA, 30328
6. Policy period: From: July 24, 2023 To: July 24, 2024 At 12:01 A.M. (Standard Time) at the address shown above.
7. Retroactive Date: April 1, 1954
8. Premium: $1,846.00
9. Attachments:
DPL D001 CW (11/19) - Professional Liability Errors & Omissions Insurance Declarations DPL P001 CW (05/13) - Professional Liability Coverage Form DPL E5424 CW (02/15) - Blanket Additional Insured Endorsement DPL E5019 CW (01/10) - Marketing Consulting Services Endorsement DPL E1901 CW (08/21) - Cyber Incidents Exclusion Endorsement DPL E5102 CA (01/10) - California Amendatory Endorsement INT N003 CW (01/19) - Policyholder Notice Electronic Delivery INT N001 CW (01/09) - Economic And Trade Sanctions Policyholder Notice 2799
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HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400
DPL D001 CW (11/19) Page 2
IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also signed by the Insurer's duly authorized representative.
President
Secretary
Authorized Representative
Date: July 24, 2023
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Cupertino Chamber of Commerce
Quarterly Report - April through June 2024
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● LAC - Mayor Mohan - April 5, 2024
○ The Mayor provided an update to the State of the City and made some comments on what to expect with the upcoming City budget ● Retail Theft Seminar - April 25, 2024
○ Provided marketing campaign for the virtual seminar, tracked registration, and attended the seminar that was conducted by members of the Santa Clara County Sheriff’s Office - West Valley
● National Small Business Week - April 28 - May 4, 2024 ○ Coordinated some activities in recognition of National Small Business Week including attending a City Council meeting where recognition was given ● Westport Ribbon Cutting - May 6, 2024
○ Provided Westport personnel with overall structure for the event and coordinated with City Staff to have City Council and members of the Chamber Board present there for ribbon cutting event
○ Emceed event for Westport host
● Public Safety Roundtable Exercise - May 9, 2024
● SBDC In-Person Seminar on HR Regulations in CA - May 20, 2024 ○ Emceed event, monitored registration and attendance, distributed speaker materials to attendees post presentation and continued communications as appropriate with attendees
● CBOP - Mirapath - May 22, 2024
○ Toured business’s facility and participated initial technical discussion on incubators and other ideas for the use of space and future programming ideas
● SBDC In Person Panel on Access to Capital - June 18, 2024 ○ Obtained a couple of the panel members
○ Emceed event, monitored registration and attendance, distributed speaker materials to attendees post presentation and continued communications as appropriate with attendees
● Broker’s Breakfast - June 20, 2024
○ Performed marketing campaign and attended the event held at the Sunnyvale City Hall
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○ Encouraged and assisted small business to attend and market a business mixer related to construction
Technical Assistance
Types of Businesses Served:
● Big Box Retail
● Small Retail
● Information Technology
● Construction
● Real Property Development
● Hospitality
● Business/Financial
● Health and Wellness
Metrics and KPIs
Estimated Number of Businesses Assisted: 25
Total Events: 9
Total RSVPs: 62
Total Attendees: 37
Total Social Media Engagements: 61
Total Social Media Reached: 2,074
Total Social Media Impressions: 2,074
Total Social Media Views: 1,076
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Distribution or posting of new county tobacco ordinance ● Various business license inquiries
Key Successes
(Key successes achieved during the period.)
● The SBDC in-person seminars seems to be catching the attention of a good number of business owners in the area given the interactions during the sessions, not just the numbers of people in attendance
Recommendations
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(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - July - September 2024
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● Federal Procurement Tech Assistance with MiraPath - July 12, 2024 ● Incubator/Accelerators Tech Assistance for MiraPath - July 23, 2024 ● CBOP - KeyPoint - August 2, 2024
● Shop Local Campaign - August 17 2024
● SBDC Seminar - Using AI Effectively in your Business - August 1, 2024 ● CBOP - Local Kitchens - August 2, 2024
● Green Business and Incentives Planning Meeting - August 12, 2024 ● Quarterly Women’s Business Luncheon - August 14, 2024 ● XLB Kitchen Tech Assistance Visit - August 27, 2024
● Incubator/Accelerators and Hackers Dojo Expansion Tech Assistance @ MiraPath - September 10, 2024
● SBDC Seminar - How to Build Your Brand Workshop - September 19, 2024 Technical Assistance
Types of Businesses Served:
● Information Technology
● Restaurants
● Municipal Government
● Federal Government
● Non-Profit
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 42
Total Events: 3
Total RSVPs: 178
Total Attendees: 67
Total Social Media Engagements: 114
Total Social Media Reached: 2,631
Total Social Media Impressions: 2,631
Total Social Media Views: 1,464
Ad-Hoc Requests
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(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Outreach to businesses for City’s health fair
● Building Electrification Focus Group - September 10/11, 2024 Key Successes
(Key successes achieved during the period.)
● Very large attendance at the Women’s Business luncheon and lots of demand for the next one planned for November
Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - October - December 2024
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● SBDC Workshop - October 24, 2024
● Holiday Shop Local Campaign - Small Business Saturday video - November/December 2024
● Women’s Networking Luncheon x SBDC Workshop - November 21, 2024 ● Cupertino Green Business Rebates and Incentives Workshop - December 5, 2024
● Alan Row Home Ribbon Cutting - December 9, 2024
● La Pizzeria technical assistance meeting - December 17, 2024 ● Starbird Chicken Ribbon Cutting - December 20, 2024
Technical Assistance
Types of Businesses Served:
● Information Technology
● Restaurants/Food
● Construction/Utilities
● Non-Profit
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 38
Total Events: 6
Total RSVPs: 111
Total Attendees: 84
Total Social Media Engagements: 4,346
Total Social Media Reached: 2,736
Total Social Media Impressions: 2,736
Total Social Media Views: 1,610
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
Key Successes
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(Key successes achieved during the period.)
● Growing attendance for the Women’s Luncheon in November with a request for more time for networking.
Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - January - March 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● De Anza CBOP Meeting - January 21, 2025
● Minimum Wage Change posting - February 3, ,2025
● LAC Mayor Chao - February 6, 2025
● SBDC Workshop - February 20, 2024
● State of the City Promotion - February 21, 2025
● Be Natural Ribbon Cutting - February 22, 2025
● Incubator Discussion Mirapath - March 4, 2025
● Quarterly Women’s Networking Luncheon - March 20, 2025 Technical Assistance
Types of Businesses Served:
● Technology
● Restaurants/Food
● Hospitality
● Construction/Utilities
● Art/Music
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 53
Total Events: 4
Total RSVPs: 161
Total Attendees: 107
Total Social Media Engagements: 66
Total Social Media Reached: 5,557
Total Social Media Impressions: 5.557
Total Social Media Views: 1,331
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Minimum wage increase information posted
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● Support for the Cupertino Business Resource Hub
Key Successes
(Key successes achieved during the period.)
● Continuing growth for Women’s Networking Lunch and now it includes De Anza students seeking internships with local employers in various fields of study
Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - April - June 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● National Small Business Week - May 12, 2025
● SBDC Workshop Access to Capital - May 15, 2025
● Dine Out 4th and EDC/Housing media blasts - June 2025 ● Women’s Networking Lunch - June 26, 2025
Technical Assistance
Types of Businesses Served:
● Technology
● Hospitality
● Construction/Utilities
● Art/Music
● Education
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 69
Total Events: 2
Total RSVPs: 185
Total Attendees: 153
Total Social Media Engagements: 739
Total Social Media Reached: 2,073
Total Social Media Impressions: 2,073
Total Social Media Views: 61
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Support for Dine Out 4th and EDC/Housing campaign
Key Successes
(Key successes achieved during the period.)
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● Continuing growth for Women’s Networking Lunch and now it includes De Anza students seeking internships with local employers in various fields of study
Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
● City support of the business community for Super Bowl and World Cup 2026 readiness
○ Temporary expansion of the Shuttle to and from hotels ○ Push for marketing of Cupertino activities ahead of the Super Bowl and World Cup 2026
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Cupertino Chamber of Commerce
Quarterly Report - July - September 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● Economic Development Committee Promotion - July 2025
● Restaurant Week Promotion - September 2025
● CREST Award Promotion - September 2025
Technical Assistance
Types of Businesses Served:
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 0
Total Events: 0
Total RSVPs: 0
Total Attendees: 0
Total Social Media Engagements: 0
Total Social Media Reached: 0
Total Social Media Impressions: 0
Total Social Media Views: 0
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Request for EDC recruitment announcement and Active Transportation Plan ● Request for Restaurant Week announcement and CREST Award nominations Key Successes
(Key successes achieved during the period.)
Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - October - December 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● October 2, 2025 - Technical Assistance Workshop
○ How to Build Your Brand - Attract and Retain Customers ● October 22, 2025 - Joint Taiwanese Chamber Mixer
● December 18, 2025 - Women’s Networking Luncheon
Technical Assistance
Types of Businesses Served:
● Technology
● Hospitality
● Construction/Utilities
● Art/Music
● Education
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 126
Total Events: 3
Total RSVPs: 93
Total Attendees: 126
Total Social Media Engagements: 9
Total Social Media Reached: 329
Total Social Media Impressions: 1,592
Total Social Media Views: 1,592
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
Key Successes
(Key successes achieved during the period.)
Recommendations
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(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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ATTACHMENT C
CHAMBER RELATIONSHIPS IN OTHER CITIES1
City Chamber
Partnership
(Yes/No)
Payment
Amount to
Chamber
(annually)
Type of
Agreement
Additional Details
Campbell No $0 Not applicable Not applicable
Gilroy Yes $50,000 Formal agreement Chamber partners on workforce development
and economic
development
Los Altos Yes $14,000 Formal agreement Chamber operates a Visitors Center at their
office
Los Gatos Yes $88,000 Formal agreement Chamber runs the Visitor Center
Milpitas Yes $1,125 annual
membership
fee
No formal
agreement
Chamber representative
serves on the Economic
Development Trade
Commission
Morgan
Hill
Yes $3,450 No formal
agreement
Annual membership plus
support for events and
initiatives. About $600
annual membership fee
and $2,850 to sponsor
annual directory
Mountain
View
Yes $39,000 Lease agreement Chamber leases Cityowned building in exchange for providing
Visitor Center services,
City covers the rent
(valued at $39,000 per
year)
1 As of April 2, 2026
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Around
$16,000 (for
Tech Showcase
event)
Formal agreement Not applicable
$30,000 Formal agreement One-year agreement for
business and event
support
Palo Alto Yes $50,000 Formal agreement The funding is not provided on a consistent
annual basis, but instead
on an as-needed basis for
Business Support.
Memberships for Staff are
not included in that
amount
Santa Clara No $0 Not applicable Not applicable
Saratoga Yes $20,920,
membership
fee in FY
2025/26
Formal agreement Five-year contract with
annual amount increase of
three percent. Chamber to
provide services for walkin, telephone, email, or fax
requests on tourism &
information materials, city
information & materials,
quarterly report
Sunnyvale Yes $1,000
membership
fee
No formal
agreement
Annual membership
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ATTACHMENT D (redline)
SCOPE OF WORK – CUPERTINO CHAMBER OF COMMERCE
Services to include, but not limited to, the following:
1. Technical Assistance:
a. Provide technical assistance services to existing and prospective businesses located in the City of Cupertino and seeking such assistance, including in-person, phone, and email during normal business hours (Monday through Friday 9 am to 5 pm), as well as provide information online through the Chamber website. Information shall include, but not limited to topics such as:
- How to open, operate, or grow your business in Cupertino - Contacts for City services and departments
- Help ensure that individuals and organizations doing business in the City of Cupertino possess a current business license.
- Community events above and beyond those not already provided by the Chamber - Recreational amenities
- Retail shopping and dining amenities
- Lodging and conference facilities
- Refer businesses and individuals to other businesses located in Cupertino. - Other general information requests
b. Support business programs and initiatives developed by the City including but not limited to the Cupertino Business Outreach Program and business surveys. c.a. Plan and host up to six (6)at least four (4) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multilingual and multi-cultural businesses, green business practices, digital marketing, etc. d. Participate in and secure business representation for exercises related to business resiliency and continuity as part of the City’s Emergency Operations Plan (EOP) update.
e. Assist the City with economic development research or business stakeholder focus groups as needed to gather feedback from the business community. f. Participate in Small Business Technology Platform as a resource provider and conduct outreach to onboard small businesses on the platform.
g. At the request of the City Manager’s Office, coordinate ribbon cuttings for new business opening for businesses with a valid Cupertino business license and regardless of membership status with the Chamber.
2. Marketing & Promotion/Information Dissemination:
a. Develop and produce a Cupertino Dashboard with relevant Cupertino demographic and economic data in coordination with the City. This dashboard will be updated quarterly. The City will use this data for business attraction and retention efforts, and to identify emerging trends, and where appropriate, recommend new policies. 2817
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b. Support ad-hoc requests for information and services from individuals, organizations, and businesses that pertain to the greater Cupertino community. c. Market and promote business-related City events held in Cupertino. d. Conduct outreach and education regarding prospective policy changes, and new city rules and regulations (wages, waste reduction, transportation, Single Use Plastics, etc.) to all businesses in the City.
e. Design and promote current and future marketing campaigns (for example #ShopCupertino and #CupertinoCares).
f. Support Small Business Saturday activities and highlight all small businesses in the City.
g. Create, produce, and maintain an online publication to include information on the City, community, and businesses of Cupertino. Digital publication to be updated quarterly.
h. At its office, the Chamber will make available information provided by the City, which may include, but not limited to:
- The Scene
- Recreation Brochure
- City Contact Information
- Other materials as they become available
i. As appropriate and or as requested by the City, the Chamber will promote City events, programs, services, and alerts.
j. Conduct and share surveys and survey results relevant to the economic health of Cupertino.
k. Working closely with the City Manager’s Office, create a Cupertino promotion strategy for major regional events, including the Superbowl and World Cup Soccer, to present the City in a positive manner and to draw Cupertino into the events.
3.2.Events/Meetings:
a. Provide and promote opportunities for City representatives to present and connect with businesses at various Chamber and other meetings including but not limited to the Asian American Business Council, Legislative Action Committee, Chamber Board, and Chamber community forums.
b.a.Host up to four (4) a quarterly professional Women’s business luncheon or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online.
c. Assist city staff in scheduling and participate in Cupertino Business Outreach Program (CBOP) in-person and virtual meetings with Cupertino businesses. d. Organize commercial and retail broker breakfasts.
e.b.Attend monthly 30-minute coordination City and other associated meetings with the City’s Economic Development Manageras needed.
Reporting Requirements:
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The Chamber will track information on a quarterly basis directly related to this Agreement and report to the City a summary of services referenced below rendered to Chamber members and non-members. These reports will include, but not limited to:
1. Technical Assistance:
o Number of businesses served.
o Sector and size of businesses served, and services rendered. o Number of ribbon cuttings or grand openings held for Cupertino businesses.
2. Marketing & Promotion/Information Dissemination:
o Summary of ad-hoc requests for information.
o Summary of business seminars and events organized including topics, attendees, other pertinent outcomes.
o Summary of outreach efforts around new city policies, rules, regulations.
3. Summary online impressions generated for marketing and promotions of campaigns.
Events/Meetings:
o Key performance indicators (KPIs) around marketing efforts including social media metrics.
o Summary of the outreach conducted for events.
o Summary of broker breakfasts, in partnership with the City, including attendee contact information and leads generated.
4. Key successes achieved during the period.
5. Recommendations for future endeavors that advance the common goals of the agreement.
The reports will be in a format mutually agreed to in writing by the City and the Chamber. The City, where appropriate, will provide publicly available data to Chamber staff when partnering to implement activities outlined in this scope of work. 2819
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ATTACHMENT E (clean)
SCOPE OF WORK – CUPERTINO CHAMBER OF COMMERCE
Services to include, but not limited to, the following:
1. Technical Assistance:
a. Plan and host up to six (6) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multicultural businesses, green business practices, digital marketing, etc.
2. Events/Meetings:
a. Host up to four (4) quarterly professional Women’s business luncheon or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online.
b. Attend monthly 30-minute coordination meetings with the City’s Economic Development Manager.
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ATTACHMENT F (redline)
COMPENSATION – CUPERTINO CHAMBER OF COMMERCE
Invoicing and Payments: The Chamber will submit monthly invoices which will include the number of hours spent on the Agreement scope. The City will pay at the rate of $50/hr for the worked performed. In no event shall the total amount paid under this Agreement exceed $5,000 $52,000 annually.
Task and Description Budget
Technical Assistance
Plan and host up to six (6) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multi-cultural businesses, green business practices, digital marketing, etc.
$2,100
Events/Meetings
Host up to four (4) quarterly professional Women’s business luncheons or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online. $1,800
Events/Meetings
Attend monthly 30-minute coordination meetings with the City’s Economic Development Manager.
$300
Contingency
Reserved for unanticipated expenses or to provide additional support for technical assistance seminars/webinars and professional Women’s business luncheons.
$800
Total Budget $5,000
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ATTACHMENT G (clean)
COMPENSATION – CUPERTINO CHAMBER OF COMMERCE
Invoicing and Payments: The Chamber will submit monthly invoices which will include the number of hours spent on the Agreement scope. The City will pay at the rate of $50/hr for the worked performed. In no event shall the total amount paid under this Agreement exceed $5,000 annually.
Task and Description Budget
Technical Assistance
Plan and host up to six (6) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multi-cultural businesses, green business practices, digital marketing, etc.
$2,100
Events/Meetings
Host up to four (4) quarterly professional Women’s business luncheons or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online. $1,800
Events/Meetings
Attend monthly 30-minute coordination meetings with the City’s Economic Development Manager.
$300
Contingency
Reserved for unanticipated expenses or to provide additional support for technical assistance seminars/webinars and professional Women’s business luncheons.
$800
Total Budget $5,000
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CITY OF CUPERTINO
Agenda Item
25-14652 Agenda Date: 4/7/2026
Agenda #: 15.
Subject: City Manager Report
CITY OF CUPERTINO Page 1 of 1 Printed on 4/3/2026
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Thursday, April 2, 2026
A Message from the City Manager
Hello Neighbors,
Spring is here! The trees are blooming everywhere, and we’re looking forward to the Earth and Arbor Day Festival and tree planting event this weekend.
Speaking of new beginnings, I am pleased to announce progress on several key efforts, including a new online encroachment permitting system, photovoltaic projects, new business openings, and the launch of the “Mayors Through the Years” webpage. The Business License Amnesty Program is also underway, and planning has begun for the Summer of Celebration Shop Local campaign to support local businesses.
The City is continuing to work with partner cities and Santa Clara County on the proposed sheriff service contract increases and will share updates as discussions move forward.
We are also focused on emergency management and preparedness, especially in light of the earthquake early this morning. Read about the latest efforts and learn how you can get involved and stay informed.
I hope to see you at one of the many upcoming events this month. Thank you for staying connected and engaged.
Read the full City Manager’s Newsletter April 2, 2026 and all previous editions at cupertino.gov/cmnewsletter.
Warm Regards,
Tina Kapoor, City Manager
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CITY OF CUPERTINO
Agenda Item
25-14626 Agenda Date: 4/7/2026
Agenda #: 16.
Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 4/3/2026
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1 CITY COUNCILMEMBER REPORT
Meeting: April 7, 2026
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 3/10/26 to 3/30/26
Item Date, Title, and Description:
Event 1. March 10, 2026 – Silicon Valley Clean Energy Board Meeting – I attended this board meeting in my capacity as Cupertino’s alternate representative on account of the unavailability of Councilmember Wang.
Event 2. March 17, 2026 – Meeting with SummerHill Homes representatives regarding Evulich Court project – I attended a briefing from SummerHill Homes regarding their proposed Housing Element project at Evulich Court and expressed my desire that they work with neighbors on potential height reductions.
Event 3. March 21, 2026 – Meeting with the City Manager – I met with City Manager Tina Kapoor to go over upcoming council agenda items, items of interest, and issues raised by residents.
Event 4. March 25, 2026 – Chamber of Commerce Speaker Series – Dr. Lara Lash – This was one of a multi-part series on science and technology hosted by the Cupertino Chamber of Commerce. It was the best-attended such event to-date and primarily focused on NASA Ames campus equipment and processes, most particularly pressure-sensitive paint.
Event 5. March 26, 2026 – Cities Association of Santa Clara County Executive Committee Meeting – I attended this meeting in my capacity as the CASCC’s Vice President help decide future agenda items and for a performance evaluation for the Executive Director.
Event 6. March 25, 2026 – Chamber of Commerce Speaker Series – Dr. Lara Lash – This was one of a multi-part series on science and technology hosted by the Cupertino Chamber of 2826
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City Council Councilmember Report
2 Commerce. It was the best-attended such event to-date and primarily focused on NASA Ames campus equipment and processes, most particularly pressure-sensitive paint.
Event 7. March 28, 2026 – Cupertino Holi Festival – Together with Councilmember Mohan, I attended this year’s festival of colors put on by the Chamber of Commerce in Memorial Park.
Event 8. March 29, 2026 – Meeting with the City Manager – I met with City Manager Tina Kapoor to go over upcoming council agenda items, items of interest, and issues raised by residents.
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1 CITY COUNCILMEMBER REPORT
Meeting: April 7, 2026
Reporting Councilmember: Councilmember Sheila Mohan
Report Dates: 3/10/26 to 3/30/26
Item Date, Title, and Description:
3/18/26: Along with Mayor Moore, welcomed a student delegation from Copertino, Italy. The students were shown around the Community Hall, City Hall and the Library, and it was fun to see the enthusiasm and energy they exuded. Thank you to City Staff for organizing the students’ activities and the commendations presented to the staff and students.
3/22/26 Attended the annual League of Women Voters Meet and Greet event where elected officials from local jurisdictions gathered to network and connect with each other. This was a well-attended and enjoyable event and an opportunity to engage with community leaders about topics of mutual interest. 3/23/26 Attended a neighborhood block party where representatives from the Sheriff’s office spoke about how to keep homes safe during the upcoming summer season, and the resources available to the community to increase protection and safety.
3/24/26 Participated in a Zoom meeting with representatives from Summerhill, the developers for the Evulich Ct housing site. Communicated the concerns of the community and stressed the importance of working closely with all stakeholders.
3/25/26 In my role as a member of the County of Santa Clara Housing and Community Development Advisory Committee, I attended the annual meeting at the Board of Supervisors Chambers. The committee discussed the process for awarding community block grants and made comments about individual 2828
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City Council Councilmember Report
2 beneficiary groups. For Cupertino, West Valley Community Services was awarded $15,000 in funding.
3/27/26 Along with Vice Mayor Chao, I attended the quarterly strategy meeting of the School Partnership and School Liaison group. The CUSD and FUHSD superintendents provided updates on their budget, new initiatives like the Robotics Center at Cupertino High School, and recognition of Lawson and Kennedy Middle Schools as California Distinguished Schools. 3/27/26 Attended the annual Chefs for Compassion banquet hosted by the West Valley Community Services. This is a unique charity event / fund raiser that invites celebrity local chefs to prepare the banquet dinner using ingredients from the West Valley pantry. As always, a well-attended and entertaining event. Mayor Moore and Councilmember Fruen also attended.,
3/28/26 Along with Councilmember Fruen, participate in the annual Holi celebrations organized by the Cupertino Chamber of Commerce. The day (sunny with a cool breeze), and location (Memorial Park) were perfect. US Congressman Ro Khanna was the celebrity speaker and Councilmember Fruen and I made a few remarks welcoming the crowd. Thanks to the Chamber staff who do so much with so little help.
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1 CITY COUNCILMEMBER REPORT
Meeting: April 7, 2026
Reporting Councilmember: Mayor Kitty Moore
Report Dates: 3/9/26 to 3/30/26
Item Date, Title, and Description:
March 11, 2026. Meeting with Summerhill regarding the Evulich Ct. development.
March 11, 2026. Mayor’s Chat. Shared slide deck which is attached at the end of this report. Made announcements for upcoming events. Took questions which Staff collects and responds to any which require follow-up. Light refreshments were provided.
March 12, 2026. Check-in with Staff. Weekly check-in meeting to go over ongoing projects and concerns.
March 12, 2026. Sheriff Contract Ad Hoc Committee meeting. Ongoing meetings to discuss how to address the 40% proposed increase in the contract.
March 12, 2026. VTA Policy Advisory Committee meeting. The agenda packet is here:
https://santaclaravta.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=4377&Inline=T rue Of most local importance was the presentation regarding SB 63 which proposes to raise sales tax another 0.50% in the County. I assembled data provided by Staff and some prior data regarding the SV Hopper program and have submitted it to VTA for inclusion to the VTA PAC per our prior meeting discussion on sharing our data. That report is attached to this file.
March 13, 2026. Evulich Ct. prep. session with Staff.
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City Council Mayor Moore Report
2 March 14, 2026. Meeting with Congressman Ro Khanna regarding Cupertino issues and grant requests to include City Hall and Torre EOC Annex March 16, 2026. Agenda look ahead with Staff.
March 16, 2026. SVCE Mandarin Class.
March 17, 2026. Special Study Session and Regular City Council meeting.
Postponed Summerhill/Evulich Ct. to April 1, 2026.
March 18, 2026. Met with Copertino Sister City delegation for pizza lunch and then tour of City Hall and Community Hall.
March 18, 2026. Mayor and Commission Chairs meeting. Commission Chairs provided brief updates on their recent achievements and received a report from the Mayor provided at the Mayor’s Chat and with further information regarding the Sheriff’s Contract and County Budget.
March 19, 2026 Check-in with Staff.
March 19, 2026. Worked with Video Division for a Cherry Blossom promo and 2 other promotional videos.
March 19, 2026. Sheriff’s Contract Ad hoc Committee meeting.
March 20, 2026. Attended FUHSD Foundation Spring for Education event.
March 22, 2026. Made brief presentation at the LWVCS meet and greet.
March 23, 2026. Agenda look ahead meeting with Staff.
March 23, 2026. SVCE Chinese Class Graduation Ceremony. After 15 hours of classroom education and outside practice, the class received certificates in celebration of completing level 1.
March 25, 2026. Quarterly Mayors and City Managers meeting with Sunnyvale, Mountain View, and Santa Clara. Heard updates from each city and shared local news and upcoming events.
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City Council Mayor Moore Report
3 March 25, 2026. West Valley Mayors and Managers monthly meeting. Received a legislative update from CalCities Peninsula Division executive. Several new housing bills are in the works.
March 25, 2026. Meeting with Staff and lobbyist regarding the Gonsalves Act and Property Taxes returned to Cupertino.
March 26, 2026. Check in meeting with Staff.
March 26, 2026. Sheriff ad hoc committee meeting. Continuing negotiations and next steps.
March 27, 2026. Attended the 15th annual WVCS Chefs of Compassion fundraiser event at the Computer History Museum. This lively and sold-out event included a successful donation auction and silent auction.
March 28, 2026. Participated in and won my division for the CEEF 5k Run for Great Schools event.
2 Attch:
Mayor’s Chat and Commission Chair Slides
SV Hopper Data Compilation
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Mayor’s Chat
March 11, 2026
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Outline
Sports Center Data
SV Hopper Data
Santa Clara County Budget Review – Donor City
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Sports Center Data
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Raw Data – New Memberships
New Cupertino Sports Center Memberships
Year Resident Non-Resident Total
2022 113 71 184
2023 113 46 159
2024 137 85 222
2025 188 124 312
2026* 61 52 113
*To date as of February 25, 2026
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Raw Data
Total Sports Center Memberships
Year Resident Non-Resident Total
2022 815 406 1221
2023 965 393 1358
2024 1157 519 1676
2025 1293 625 1918
2026* 1295 756 2051
*As of March 9, 2026
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Sports Center Data – Resident/Non-Resident Usage
0 500
1000
1500
2000
2500
2022 2023 2024 2025 2026* *As of March 9, 2026
Total Memberships by Category
Total Sports Center Memberships Resident
Total Sports Center Memberships Non-Resident
Total Sports Center Memberships Total
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63%
37%
2026 SPORTS CENTER MEMBERSHIPS
Resident Non-Resident
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SV Hopper Data
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12%
24%
19%
15%
14%
9%
4%
2%
18%
12%
13%
19%
13%
15%
8%
3%
0%
5%
10%
15%
20%
25%
30%
18–24 25–34 35–44 45–54 55–64 65–74 75–84 85 and
older
SV Hopper Demographic Data
ACS 2023 (Service Area) SV Hopper (N=457) 2025 Survey
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Ridership
by Fare
Type 2024
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• Demographic Comparison Analysis
• The data highlights significant trends in who is using the microtransit service compared to the general population of the service area:
• Young Adult Over-Indexing: The 18–24 age group accounts for 18% of SV Hopper ridership, despite making up only 12% of the general population. • Senior Mobility: Adults aged 65–84 represent 23% of the ridership (15% for ages 65–74 and 8% for ages 75–84), while they only comprise 13% of the local population.
• Gap in 25–34 Segment: While individuals aged 25–34 make up 24% of the service area population, they represent only 12% of SV Hopper riders. • Gender Trends: The service is utilized more heavily by women, who make up 57% of riders, compared to their 48% share of the general population. • This comparison indicates that the SV Hopper is particularly successful at providing mobility for groups that traditionally face transportation barriers, such as students and seniors.
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• SV Hopper completed 103,468 passenger trips in calendar year 2025, with March as the highest month at 11,324 completed rides. • Within VTA’s service area, several cities are already operating or planning microtransit services:
• Sunnyvale – Via (Peery Park microtransit, operating). • Palo Alto – RideCircuit (electric shuttle).
• Gilroy – Pilot effort under VTA PAC guidance (operator TBD). • Morgan Hill – Starting microtransit pilot (operator TBD). • East San Jose – Microtransit operating as part of VTA’s Transportation Demand Management efforts.
• Mountain View – City-operated fixed-loop shuttles (not point-to-point microtransit but functionally similar for local access). • These services create opportunities for regional coordination, cost sharing, and consistent rider experience at the VTA network scale. 2844
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Costs
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Total SV Hopper Program Costs (Grant and Municipal Funds) Phase
Fiscal
Year
Cupertino
Service
Area Share
Cupertino
Cost
Santa
Clara
Service
Area
Share
Santa Clara
Cost TIRCP TFCA Measure B
Total
Program
Cost
1 FY23/24 58% 2,655,941 42% 1,923,267 5,561,000 – – 2,764,381 1 FY24/25 – – – – 3,801,453 – – 3,801,453
1 FY25/26 – 500,000 – – 4,074,374 500,000 – 4,074,374
2 FY26/27 39% 850,056 61% 1,329,575 2,904,000 – 726,979 5,810,610 – Total – 3,505,997 – 3,252,842 8,465,000 500,000 726,979 16,450,819 2846
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Cupertino Cost,
$3,505,997 , 21%
Santa Clara Cost,
TIRCP,
$3,252,842 , 20%
$8,465,000 , 52%
TFCA, $500,000 ,
3%
Measure B,
$726,979 , 4%
SV HOPPER COST BREAKDOWN FY 23-27
59% Grant Funded
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Key operating characteristics include:
• Operating cost per trip: $31.87 (FY24–25 cost snapshot). • Net city cost per trip after TIRCP, TFCA, and Measure B grants: $12.72. • Current service performance standard: response time of at most 12 minutes at the 95th percentile, with a minimum of 13 vehicles dedicated to Cupertino and Cupertino retaining approval authority over service zones.
• Reduced rates for students and seniors
• Regular rate: $3.50, reduced rate: $1.75.
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Destinations
(2024 Data)
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The five most popular destinations are:
1. De Anza College
2. Monta Vista High School
3. Caltrain Stations
4. Cupertino Library/ City Hall
5. Various Shopping Centers
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Santa Clara County
Budget Review
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Finance and
Government,
$2,750,431,233 , 21%
Public Safety and
Justice,
$1,177,596,302 , 9%
Children, Seniors, and
Families,
$1,376,597,543 , 10%
Santa Clara Valley
Health and
Hospital System,
$7,125,878,095 ,
55%
Housing, Land Use,
Environment, and
Transportation,
$612,837,192 , 5%
Santa Clara County Adopted FY 25-26 Expenditures by Policy Area Finance and Government Public Safety and Justice
Children, Seniors, and Families Santa Clara Valley Health and Hospital System Housing, Land Use, Environment, and Transportation
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11 Year
Budget
Trends
Santa Clara
County
19%
14%
16%
45%
6%
21%
9% 11%
55%
5%
0%
10%
20%
30%
40%
50%
60%
Finance and
Government
Public Safety and
Justice
Children, Seniors,
and Families
Santa Clara Valley
Health and Hospital
System
Housing, Land Use,
Environment, and
Transportation
Santa Clara County Spending Trends FY 2025-FY 2026
Percentage of Total Budget FY 2015 Percentage of Total Budget FY 2026 2854
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FY 2025-2026
County
Comparisons
County Total Budget
(Billions)
Healthcare Spend
(Billions)
% of Budget Provider Model
Santa Clara $13.7 $7.15 - $7.5 55.0% Owns/Operates 4
Hospitals
Orange $10.8 $2.9 26.9% Contracts most care
Riverside $10.0 $2.8 28.0% One county hospital
San Bernardino $10.5 $2.7 25.7% Mixed model
Sacramento $9.2 $2.3 25.0% Contracts most care
Alameda $5.1 $1.32 25.9% Public hospital
authority
Staffing: Over 52% of all county employees (approx. 12,000+ people) work directly for the Health and Hospital System. In most other counties, health workers typically make up less than 30% of the workforce. 2855
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Cupertino is a donor
city
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Where Your Sales Tax Goes — Cupertino FY2026 (Post Measure A, effective 4/1/2026) Source: CDTFA, HdL ECONSo lutions, Santa Clara County. All rates verified again st official district tax sch ed ules.
KEY ASSUMPTIONS
Total Sales Tax Rate (Po st Measure A) 9.7500%
Taxable Sales Base ($M) $1,099.95
Total Sales Tax Revenu e ($M) $107.2
Fiscal Year FY 2026
Recipient / Lin e Item Tax Rate % of To tal Revenue ($M) Category HdL Tax District Name Recipient Agency Notes State Base —General Fu nd 3.9375% 40.38% $43.3 State State Base Sales and Use Tax California State General Fund
3.9375% of the 7.25% state base (R&T Code §§6051, 6201, 6051.3). Funds state general operations. Remaining 3.3125% of state base is distributed as Realignment, Pro p 172, and local allocation s sho wn separately below.
State Base —1991 Realignment 0.5000% 5.13% $5.5 County State Base Sales and Use Tax Santa Clara Coun ty —Health & Social Services 0.5% component of the 7.25% state base (R&T Code §6051.2). Funds local health an d social services programs under the 1991 Realignment.
State Base —2011 Realignment 1.0625% 10.90% $11.7 County State Base Sales and Use Tax Santa Clara Coun ty —Health, Jails, DA, Social Services
1.0625% component of the 7.25% state base (R&T Code §6051.15). Funds Local Revenue Fund 2011; supports public safety and social services realignment from state to county.
State Base —Prop 172 (Public Safety) 0.5000% 5.13% $5.5 County State Base Sales and Use Tax Santa Clara Coun ty —Local Public Safety Fund 0.5% component of the 7.25% state base (CA Constitution Art. XIII §35, 1993). Funds sheriff, DA, fire, and co rrectio ns.
State Base —Local Transportation Fund 0.2500% 2.56% $2.7 Tran sit State Base Sales and Use Tax Santa Clara Coun ty → VTA (via Local Transportation Fund) 0.25% component of the 7.25% state base. Go es to county, NOT city. Distributed per Tran spo rtation Development Act (1971) primarily for public transit via VTA.
City of Cu pertino —General Fu nd 1.0000% 10.26% $11.0 City State Base Sales and Use Tax City of Cu pertino —General Fu nd 1.0% component of the 7.25% state base (R&T Code §§7202, 7203). The city's share of the lo cal 1.25% allocation (remainin g 0.25% goes to county transportation above).
SC County Transit District 0.5000% 5.13% $5.5 Tran sit Santa Clara Coun ty Transit District VTA —Bus & Light Rail Operations District tax, effective 10/1/1976, no expiratio n. Oldest of th e VTA district taxes; funds core VTA bus and light rail operations.
SC Valley Transportation Authority 0.5000% 5.13% $5.5 Tran sit Santa Clara Coun ty Valley Transportation Auth ority VTA —BART Extension (Silicon Valley BART) District tax, effective 4/1/2006. Measure B (2000). Funds the BART extension into Santa Clara County (Berryessa/Milpitas to downtown San Jo se and Santa Clara).
VTA BART Operating & Maintenance TUT 0.1250% 1.28% $1.4 Tran sit Santa Clara VTA BART Operating and Maintenance TUT VTA —BART Operations & Maintenan ce District tax, effective 7/1/2012. Funds o ngo ing operating and maintenance costs of th e BART extension once operational.
SC County Retail TUT 0.1250% 1.28% $1.4 Tran sit Santa Clara Coun ty Retail TUT VTA —County Transportation Pro grams District tax, effective 4/1/2013. Measure B (2000) component. Funds county-wide VTA transp ortatio n programs and services.
Silicon Valley Transportation Solutions Tax 0.5000% 5.13% $5.5 Tran sit Silicon Valley Transportation Solutions Tax VTA —Roads, Transit & Active Transportation District tax, effective 4/1/2017. Measure B (2016). 30-year measure funding roads, highways, transit, and bicycle/pedestrian improvements county-wide.
Peninsu la Corrido r JPB —Measure RR (Caltrain) 0.1250% 1.28% $1.4 Tran sit 2020 Peninsula Corrido r Joint Powers Board Retail TUT Caltrain (Peninsula Corrido r Joint Powers Board) District tax (Measure RR), effective 7/1/2021, 30-year term. Voter-approved Nov 2020 by SF, San Mateo & Santa Clara co unties. First d edicated fundin g for Caltrain operations and capital. Generated $121.6M in FY2023 across all three counties.
SCC —Measure A (2025) 0.6250% 6.41% $6.9 County Measure A Santa Clara County Sales Tax Increase Santa Clara Coun ty —General Fu nd (Healthcare & Public Safety)
District tax, effective 4/1/2026, expires 3/31/2031. Approved by 57% of voters Nov 2024. General tax —est. $330M/year county-wid e. Priority u ses: trau ma care, ERs, mental health, public safety. Passed to offset projected $1B+ federal funding cuts by 2029-30.
TOTAL 9.7500% 100.00% $107.2
TOTAL COUNTY SERVICES (Excl. Transit & City) 2.688% 27.56% $29.6 In cludes: 1991 & 2011 Realignment, Prop 172, Local Transportation Fund, Measure A 2859 CC 04-07-2026 Searchable Packet
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City Percent of the 1% Property Tax Returned to the
City
Milpitas 16.26%
Mountain View 16.07%
San Jose 13.29%
Sunnyvale 13.28%
Los Altos 11.66%
Campbell 10.51%
Morgan Hill 10.29%
Santa Clara 10.02%
Gilroy 9.70%
Palo Alto 9.42%
Los Gatos 9.42%
Cupertino 6.51%
Monte Sereno 6.35%
Los Altos Hills 6.24%
Saratoga 5.77%
Average 10.32%
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Talking points
•Cupertino keeps about $46M, but county and countywide agencies take about $129M each year from Cupertino taxpayers – about 2.8 times what the City retains.
•Out of Cupertino’s $107M+ in sales tax, only $11M stays in the City; nearly $30M goes to county health, social services, and public safety (including Prop 172 and realignment), and over $23M goes to VTA/Caltrain. •From the 1% property tax alone, the County’s share is more than double the City’s ($73.5M vs. $35M), plus another $27M+ in county debt levies tied to retirement, hospital, housing, and library systems.
•Cupertino is clearly a donor city: countywide services, including sheriff, jails, DA, and the health system that serve Cupertino, are financed by far more Cupertino-generated revenue than Cupertino receives back as a city.
•When the County claims Cupertino has been “subsidized,” these numbers show the opposite at the macro level: Cupertino taxpayers substantially subsidize the county’s public safety and health infrastructure.
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Recap
Sports Center Data
SV Hopper Data
Santa Clara County Budget Review – Donor City
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Announcements
• Big Bunny 5k last Saturday – Great turnout!
• Read See Marcus Grow! At Baby Storytime – read councilmember reports for other activities
• SOTC event – hope everyone enjoyed it
• Sheriff contract ad hoc committee continues to meet weekly – We are a donor city. • Website with FAQs coming
• Mercury News Op-Ed came out
• Pickleball sound wall is not an adopted budget item
• Evulich project will be on 3/17 agenda
• The Blesch property will be on the 3/17 agenda – red rancher by Blue Pheasant • Monthly meeting with Commission Chairs is 3/18
• Chamber will be hosting Holi Festival 3/28
• Cupertino City Hall will be closed 3/31 for Cesar Chavez Day • 50+ Golf Tournament is Wednesday April 1 – Through Senior Center • Earth and Arbor Day is Saturday April 4
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Thank you!
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1 SV Hopper Ridership & Efficiency Data:
March 2026
Mayor Moore and Staff compiled data
Program Background
SV Hopper is a microtransit partnership between the City of Cupertino and the City of Santa Clara, operated by Via, and designed to provide first/last-mile service and local mobility within the service area. The program began as an 18-month pilot funded by Cupertino and has since transitioned into a multi-year, grant-supported service with shared costs between Cupertino and Santa Clara.
The SV Hopper program began with a $1.75 million general fund commitment from Cupertino to support an 18-month pilot. As the pilot neared completion and during the COVID period, staff sought external funding and partners to continue the service.
Through a partnership with Santa Clara, Cupertino secured multiple external funding sources:
• TIRCP Award (CalSTA):
• 8.5 million from the Transit and Intercity Rail Capital Program (TIRCP), funding 50% of a four-year continuation of SV Hopper.
• TFCA (Transportation Fund for Clean Air):
• 500,000 awarded for service in FY25/26 (year 3 of 4 of the TIRCP-backed program).
• Measure B Innovative Transit Funding:
• 726,979 awarded for FY26/27 (year 4 of 4 of the TIRCP-backed program).
The non-grant portion of program costs is shared between Cupertino and Santa Clara based on the proportion of service area within each city for each operating year. 2025 Total Ridership: What was the total number of completed rides for the full 2025 calendar year?
- 103,468 passengers
Total SV Hopper Program Costs (Grant and Municipal Funds) Total SV Hopper Program Costs (Grant and Municipal Funds)
Total
Program
TIRCP TFCA Measure B Cost
Santa Clara
Cost
Santa
Clara
Service
Area
Share
Cupertino
Cost
Cupertino
Service
Area Share
Fiscal
Phase Year
1 FY23/24 58% 2,655,941 42% 1,923,267 5,561,000 – – 2,764,381 1 FY24/25 – – – – 3,801,453 – – 3,801,453
1 FY25/26 – 500,000 – – 4,074,374 500,000 – 4,074,374
2 FY26/27 39% 850,056 61% 1,329,575 2,904,000 – 726,979 5,810,610 – Total – 3,505,997 – 3,252,842 8,465,000 500,000 726,979 16,450,819 2869
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2 Demographic & Fare Data
Fare Type Breakdown 2025:
- Students: 52%
- Seniors: 7%
- Low Income: 5%
- ADA: 2%
Student Impact: same 50% ridership in 2024 and 2025
Demographic Comparison Analysis
Because SV Hopper operates across both Cupertino and Santa Clara, staff do not segment ridership by assumed residency; instead, they conduct periodic rider surveys. In 2025, staff surveyed 457 riders and compared their responses to the American Community Survey (ACS 2023) for the SV Hopper service area.
Cupertino Cost,
$3,505,997 , 21%
Santa Clara Cost,
TIRCP, $3,252,842 , 20%
$8,465,000 , 52%
TFCA, $500,000 ,
3%
Measure B,
$726,979 , 4%
SV HOPPER COST BREAKDOWN FY 23-27
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3 Rider Demographics vs. ACS (SV Hopper Service Area) Data Category ACS 2023 (Service Area) SV Hopper (N=457) 2025 Male 52% 43%
Female 48% 57%
Age Categories
Age Range ACS 2023 (Service Area) SV Hopper (N=457) 2025 18–24 12% 18%
25–34 24% 12%
35–44 19% 13%
45–54 15% 19%
55–64 14% 13%
65–74 9% 15%
75–84 4% 8%
85 and older 2% 3%
Based on the 2025 rider demographic survey and the corresponding American Community Survey (ACS) 2023 data for the service area, here is a comparison of the SV Hopper ridership versus the general population.
The data highlights significant trends in who is using the microtransit service compared to the general population of the service area:
• Young Adult Over-Indexing: The 18–24 age group accounts for 18% of SV Hopper ridership, despite making up only 12% of the general population. • Senior Mobility: Adults aged 65–84 represent 23% of the ridership (15% for ages 65–74 and 8% for ages 75–84), while they only comprise 13% of the local population. • Gap in 25–34 Segment: While individuals aged 25–34 make up 24% of the service area population, they represent only 12% of SV Hopper riders. • Gender Trends: The service is utilized more heavily by women, who make up 57% of riders, compared to their 48% share of the general population.
This comparison indicates that the SV Hopper is particularly successful at providing mobility for groups that traditionally face transportation barriers, such as students and seniors.
Service Quality & Geographic Data
Key operating characteristics include:
• Operating cost per trip: $31.87 (FY24–25 cost snapshot). • Net city cost per trip after TIRCP, TFCA, and Measure B grants: $12.72. • Current service performance standard: response time of at most 12 minutes at the 95th percentile, with a minimum of 13 vehicles dedicated to Cupertino and Cupertino retaining approval authority over service zones.
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4 • Reduced rates for students and seniors
• Regular rate: $3.50, reduced rate: $1.75.
Wait Times & Cancellations: What was the average wait time in 2025, and did the 5% cancellation rate improve or worsen?
- 17.2 minutes was the average pick up ETA (average pickup ETA among all requests where a ride proposal was displayed)
- 77% ride acceptance rate (proposals accepted by riders/ proposals displayed to riders) - The ride cancellation rate remained relatively flat at 6% (largely due to the March VTA strike, which caused a surge in booking aeempts to 19,562. The average monthly booking aeempts in 2025, when excluding March, was 12,885).
Utilization Rate: Average utilization rate (completed rides per vehicle hour) for 2025? - The average utilization rate (completed rides/ net driver hours) was 2.7. - The average productivity rate (completed rides/ vehicle revenue hours) was 3.2.
Aggregation Growth: Did the 33.5% "Shared Booking Rate" (aggregation) increase in 2025? Higher aggregation is the primary metric VTA uses to judge the efficiency of microtransit over subsidized ride-hailing.
- In 2025, SV Hopper had a shared bookings rate (the share of bookings that had some boarded time shared with another booking) of 47%.
Monthly Trends: Monthly breakdown of ridership for 2025 to identify the "monthly high" and any seasonal fluctuations
- Demand fluctuates most noticeably with the school calendar and during major holiday periods, when students are out of school and many workers are not commuting regularly.
0% 10% 20% 30% 40% 50% 60% 70%
2025-01
2025-02
2025-03
2025-04
2025-05
2025-06
2025-07
2025-08
2025-09
2025-10
2025-11
2025-12
Bookings Shared
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5 Destination Data
Zone Distribution: for 2025
- In 2025, 62% of trips were Cupertino to Cupertino, 13% Cupertino to Santa Clara, 10% Santa Clara to Cupertino, 6% Santa Clara to Santa Clara, and then a combination of demand pairs involving Caltrain stations and El Camino Hospital.
VTA Transfer Data: Identify how many SV Hopper trips started or ended at a VTA bus stop or Light Rail station. This directly addresses the PAC's interest in "First/Last Mile" connectivity rather than "Point-to-Point" competition.
- Aeributing SV Hopper trips as first/last-mile connections to VTA bus service is more difficult than doing so for Caltrain. Unlike Caltrain stations, many VTA stops are located near a variety of surrounding land uses that independently generate demand, making it harder to determine whether a trip was specifically made to connect to transit. To beeer understand this FMLM relationship, staff surveyed 457 riders in 2025 about the purpose of their most recent SV Hopper trip. The survey asked, “Did this trip [most recent] link to or from public transit (e.g., bus, rail, etc.)?” and found that 31% of respondents used SV Hopper to connect to or from public transit: 16% connected to transit, 6% connected from transit, and 9% connected both to and from transit. - When asked a general question about FMLM, “What public transit operator did you link to/from?” respondents stated that when connecting to public transit, 73% connected with Caltrain, 18% with VTA bus, and 9% with ACE, Amtrak, VTA light rail, or the Mountain View Community Shuele Connector. When connecting from public transit, 68% of riders link from Caltrain, 23% from VTA Bus, and 9% other operators. 0 2000
4000
6000
8000
10000
12000
2025-012025-022025-032025-042025-052025-062025-072025-082025-092025-102025-112025-12 SV Hopper 2025 Completed Rides
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6 Top Destinations:
1) De Anza College
2) Caltrain Stations
3) Monta Vista High School
4) Westfield Valley Fair
5) Cupertino Library
2025 Heat Map:
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7 Regional Microtransit Landscape
Within VTA’s service area, several cities are already operating or planning microtransit services:
• Sunnyvale – Via (Peery Park microtransit, operating) expanding to entire city. • Palo Alto – RideCircuit (electric shuttle).
• Gilroy – Pilot effort under VTA PAC guidance (operator TBD). • Morgan Hill – Starting microtransit pilot (operator TBD). • East San Jose – Microtransit operating as part of VTA’s Transportation Demand Management efforts.
• Mountain View – City-operated fixed-loop shuttles (not point-to-point microtransit but functionally similar for local access).
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CITY OF CUPERTINO
Agenda Item
25-14696 Agenda Date: 4/7/2026
Agenda #: 17.
Subject: Upcoming Draft Agenda Items Report
CITY OF CUPERTINO Page 1 of 1 Printed on 4/3/2026
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Upcoming Draft Agenda Items
CITY OF CUPERTINO
City Council
Tuesday, April 21, 2026
Ceremonial Items
26-14983 Subject: Recognition of the Administrative Services Department (Budget, Finance, and Purchasing Divisions)
Consent Calendar
26-14971 Subject: Approval of Pride Flag Raising as a City Sponsored Special Event on ____, 2026 for Pride Month June 2026
26-14972 Subject: Approval of Indian Independence Day Flag Raising as a City Sponsored Special Event on ______, 2026 to mark India's Independence Day
26-14992 Subject: Sister City Policy
26-14993 Subject: Naming and Logo Policy
26-14903 Subject: Fiscal Year (FY) 2026-27 Community Development Block Grant (CDBG) Program and Below Market Rate Affordable Housing Fund (BMR AHF) allocations.
26-14954 Subject: Award construction contract for the Service Center Electric Vehicle Infrastructure Project to Lilypad EV, LLC in the amount of $592,475.00.
25-14427 Subject: Receive the Monthly Treasurer's Investment Report for 25-14673 Subject: Approval of April 7, 2026 City Council meeting minutes Public Hearings
26-14973 Subject: FY26-27 Fee Schedule Update
Future Agenda Items
25-14697 Subject: Upcoming Draft Agenda Items Report
Action Calendar
26-14968 Subject: Amendments Municipal Code to amend/cleanup enacted No.
Ordinance 25-2278 and adopted Resolution No. 25-092 (2025 Building Code Adoption)
26-14936 Subject: Amendments to the Council Procedures Manual 25-14490 Subject: Adopt the Other Post-Employment Benefits (OPEB) and Pension Trust Investment Policies
26-14755 Subject: Revisions to Plastic Bag ordinance to align with State requirements.