Supplemental Reports (updated 4-7-26) — Cupertino City Council, April 7, 2026

CC 4-07-2026
#1
Active Transportation Plan
Supplemental Report

PUBLIC WORKS DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 • FAX: (408) 777-3333
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: April 07, 2026
Special Meeting Agenda Item # 1

Subject
An update on the development of the Active Transportation Plan, including a summary of Phase 2, explanations of plan edits, revised scoring criteria, and next steps

Recommended Action
Receive an update on the development of the Active Transportation Plan and provide feedback on the agenda packet attachments.

Staff’s responses to questions received are shown in italics.

Q1: Attachment C - Prioritized Project list: Priority / Line item 9 - Location should be McClellan Undercrossing, and not Stevens Creek Undercrossing - based on all previous communications and revisions this seems an error. Please can we correct this error.

Staff response: The name change was made to emphasize its location adjacent to Stevens Creek (the creek itself) . However, due to its potential confusion with the Boulevard, staff can change the project title back to the McClellan Road Undercrossing to reflect the roadway the undercrossing would travel beneath.

Q2: Attachment G - Network Recommendation Maps - page 2 is showing existing and recommended bike network - somehow Don Burnett bridge is missing, thereby missing an important connector. Please can we correct this error.

Staff response: It is correct that the bridge is erroneously missing in Attachment G. Attachment I contains the updated Existing and Recommended Bicycle Network Map.

Q3: On Feb. 18 the bicycle & pedestrian commission moved a motion unanimously to "Eliminate 1.25 modifier by making balance in bicycle matrix to a negative score." The purpose of this recommendation was to provide better transparency and eliminate the

current convoluted way of equalizing scores between bicycle and pedestrian projects with a 1.25 modifier. It does not seem this has been taken into account with the materials provided for the April 7 city council meeting. It is important to note, this recommendation was driven by significant community input to consider the impact of projects against existing infrastructure (i.e. eliminating vehicle lanes and/or parking) . I am assuming this is an oversight that needs correction.

Staff response: The Council staff report includes the BPC’s recommendations for Council consideration. Staff’s intent is to bring the same documents to the Council that were provided to and reviewed by the Commissions. Following the Council meeting, staff will revise the Plan per the direction given by Council.

Attachments Provided with Original Staff Report:

A. November 04, 2025, City Council Staff Report
B. Revised Project Prioritization Criteria
C. Draft Prioritized Project List
D. Revised Program and Policy Recommendations
E. Draft Project Impact Evaluation Guidelines
F. Draft Project Effectiveness Guidelines
G. Draft Network Recommendations Maps
H. Visual Glossary
Attachments Provided with Supplemental Report:

I. Existing and Recommended Bicycle Network Map

CC 4-07-2026
#7
Establish a Policy on Flags on
City Property
Desk Item
CITY MANAGER’S OFFICE

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

CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: April 7, 2026
Agenda Item #7

Subject
Consider adopting Resolution No. 26-034 to establish a Policy on Flags on City Property.

Recommended Action
Adopt Resolution No. 26-034 to establish a Policy on Flags on City Property.

Background:

Staff’s responses to questions received from councilmember are shown in italics.

Q1: What is the policy for raising flags for special events: Pride flag, India's Independence Day Flag? How long do these flags keep flying? Will staff come back to Council when there are other requests for flags to be raised?

Staff response: The current policy on commemorative flags was created in 2023 and is attached with this desk item report as Attachment C. That policy does not mention specific special events, but it clarifies that all commemorative flags must be approved by the City Council or the City Manager. The new proposed policy (Attachment B) clarifies that commemorative flags (including flags for Pride and India's Independence Day) may not be displayed without approval by the City Council. Historically, the Pride flag is meant to commemorate June as Pride Month, so the flag is raised for almost the entire month of June. The India flag raising event is meant to celebrate India’s Independence Day so the flag is raised only for the day. The approval for these flag raisings will be coming to council at the April 21 meeting. In the future, any other flag raising requests will also be brought to Council for approval.

Attachments Provided with Original Staff Report:

A. Draft Resolution
B. Draft Policy on Flags on City Property
Attachments Provided with Supplemental 1:

C. 2023 Commemorative Administrative Policy

Version Jun. 2023

Policy on Flags on
City Property

Citywide Policy Manual
Policy #
Attachments:

Effective Date: June 1, 2023

Responsible Department:

City Manager’s Office
Related Policies & Notes:

Purpose
The City of Cupertino displays commemorative flags on City property from time to time. A commemorative flag is any flag other than the United States flag, the State of California flag, or the City of Cupertino flag. The purpose of this policy is to provide clarity on the usage and control of displaying commemorative flags on City Property.

Policy
The City maintains exclusive control over the decision to display commemorative flags on City property, and no commemorative flag may be displayed without approval by the City Council or by the City Manager, consistent with the City Manager’s responsibility to implement City Council policies.

The display of commemorative flags on City property serves solely as an expression of the City’s official sentiment and does not create or serve as a forum for public expression.

Accordingly, the display of commemorative flags constitutes governmental speech.

Revisions:

City Manager’s signature: _______________________________

Date: _______________________________
Jun 1, 2023
Draft Flag Policy 2023
Final Audit Report 2023-06-01
Created: 2023-06-01
By: Astrid Robles ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA4oUyT7aoWCVh60EEIawxHqodR7F7DsTk "Draft Flag Policy 2023" History
Document created by Astrid Robles ([email protected]) 2023-06-01 - 7:54:43 PM GMT- IP address: 73.170.94.103
Document emailed to Pamela Wu ([email protected]) for signature 2023-06-01 - 7:55:31 PM GMT
Email viewed by Pamela Wu ([email protected])
2023-06-01 - 8:57:53 PM GMT- IP address: 104.47.74.126
Document e-signed by Pamela Wu ([email protected])
Signature Date: 2023-06-01 - 8:58:07 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed.
2023-06-01 - 8:58:07 PM GMT

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#9
Ballot Measure Preparation
Services
Desk Item

ADMIN SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: April 7, 2026
Agenda Item # 9

Subject
Approve a budget modification in the amount of $475,000 for ballot measure preparation services and County of Santa Clara Registrar of Voter election services fees.

Recommended Action

1. Approve a Budget Adjustment in the amount of $375,000$475,000 in the General Fund for ballot support services with TeamCivX and election services fees from the County of Santa Clara Registrar of Voters (GL# 100-41-405 700-702)

2. Adopt Resolution No. 26 -xxx approving budget modification #2526 -437, approving a additional General Fund appropriation in the amount of $375,000$475,000 for ballot support services with TeamCivX and election services fees from the County of Santa Clara Registrar of Voters (GL# 100-41-405 700-702).

Background:

This update reflects revised cost estimates to $375,000 for potential ballot measures in the City, reduced from the previous estimate of $475,000. The County of Santa Clara Registrar of Voters has provided an estimated cost of approximately $85,000 per measure (Attachment C), based on projected voter registration and currently available information.

To maintain a prudent contingency, staff recommen ds budgeting up to $100,000 per measure, reduced from the prior estimate of $150,000. The lower estimate reflects cost efficiencies associated with the City of Cupertino’s Councilmember elections scheduled for the November 2026 General Election.

Any unspent appropriations will be returned to the General Fund. The draft resolution has been updated accordingly, with all revisions shown in redline (Attachment B).

Staff’s responses to questions received from councilmember are shown in italics.

Q1: Will the budget adjustment of $475,000 be distributed between Team CivX and the

County? The amount seems excessive even though the staff report states that excess funds will be returned to the General Fund. It will be good to see a full accounting when the polling is done and Council has approved next steps.

Staff response: Yes. The total budget adjustment, revised with this Desk Item to $375,000, will cover estimated costs for both the County of Santa Clara Registrar of Voters and a contract with TeamCivX. Registrar of Voters fees are estimated at $100,000 per measure, for a total of $200,000, and the TeamCivX contract is proposed at an amount not to exceed $175,000. Contract costs for TeamCivX will be reported to City Council when the polling results are presented and next steps are considered.

Attachments Provided with Original Staff Report:

A. Draft Budget Resolution
Attachments Provided with Desk Item:

B. Draft Budget Resolution (Redline)
C. ROV Cost Estimate
Attachment A

RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2025-26

BY APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATING

MONIES FOR SPECIFIED FUNDS

WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and

WHEREAS, accomplishing City Council directives, projects and programs, and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and

WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of April 2026, by the following vote:

Vote Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment A

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino

________________________
Date
ATTEST:

________________________
Lauren Sapudar, City Clerk

________________________
Date

Attachment A

Exhibit A

Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance (Use
of)
General Fund (100) 375,000475,000 - (375,000475,000)
Total Appropriation
Amendment All Funds $375,000475,000 $- $(375,000475,000)

From: Gumapos, Melvina
To: Kirsten Squarcia
Cc: ROV-fiscal
Subject: RE: Ballot Measure estimate
Date: Friday, April 3, 2026 5:26:57 PM
Attachments: image003.png
image001.png
image002.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Kristen,
Good afternoon.

Below is the estimated cost to place a Measure for the City of Cupertino’s November 2026 Election.

Measure will be charged as an additional item in the ballot.

If the measure is placed on the ballot alone without the council seat, it will incur the cost listed as the first item in the estimate below.

Please note that this estimate is based on projected registration and available information. They are subject to change upon final billing of actual charges incurred after the election. Additionally, this estimate is for planning purposes only and does not serve as legal advice.

Thank you and have a great weekend.

Melvina
ROV-Fiscal
(408) 282-3087

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#11
Harvest Proporties
Desk Item

COMMUNITY DEVELOPMENT DEPARTMENT

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

CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: April 7, 2026
Agenda Item #11

Subject
Consider a Use Permit, Tentative Map, Architectural and Site Approval, and Tree Removal Permit for the construction of a 122-unit residential development, consisting of 66 small-lot single family homes and 56 townhomes located at the Stevens Creek Office Center site, which includes a multi-tenant retail building (Voyager Coffee and Panera Bread). The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): U-2024-008, TM-2024-006, ASA-2024-011, TR-2024-033; Applicant:

Kevin Choy, Harvest Properties; Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050, -051, -052, and -053.)

Recommended Action

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA);
and

2. Approve the following permits:
a. Adopt Resolution No. 26-XXX approving Use Permit (U-2024-008) (Attachment A); b. Adopt Resolution No. 26-XXX approving Architectural & Site Approval Permit (ASA-
2024-011) (Attachment B);
c. Adopt Resolution No. 26-XXX approving Tentative Map (TM-2026-006) (Attachment C);
d. Adopt Resolution No. 26-XXX approving Tree Removal permit (TR-2024-033) (Attachment D)

Background:

This update provides a response to inquiry received from City Council on any relocation assistance efforts from city staff.

Staff’s responses to questions received from councilmember are shown in italics.

Q1: Is City staff working with Harvest Properties, or independently, to relocate Voyager and Panera?

Staff response:

Yes. Outreach to the retail tenants has included business visits, letters, phone calls, and emails.

Voyager Craft Coffee expressed interest in remaining in Cupertino and staff held two separate conversations with the business representatives. Staff is currently assisting the business in identifying potential retail sites within the City that are available or will soon become available.

Staff has also provided permitting support to Voyager Craft Coffee in 2025.

After multiple outreach attempts, the franchise owner of Panera Bread Cupertino recently responded and expressed interest in continuing in Cupertino. Staff reached out through several channels, including contacting the company’s headquarters in St. Louis, Missouri, the franchise group’s VP and district manager, on-site store management, and the contact information listed on their business license. The franchise owner plans to speak with their landlord and will reconnect with staff afterward about relocation support.

Staff are also working with the developer to understand and identify support for the retail tenants.

Attachments Provided with Original Staff Report:

A – Draft Resolution for U-2024-008
B – Draft Resolution for ASA-2024-011
C – Draft Resolution for TM-2024-006
D – Draft Resolution for TR-2024-033
E – Summary of Relevant State Law
F – Arborist Report and Peer Review
G – CEQA Exemption and Memorandum
H – Public Comment
I – Project Site Plan and Renderings
J - Complete Plan Set
CC 4-07-2026
#11
Harvest Properties
Supplemental Report

COMMUNITY DEVELOPMENT DEPARTMENT

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

CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: April 7, 2026
Agenda Item #11

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA); and

2. Approve the following permits:
a. Adopt Resolution No. 26-037 approving Use Permit (U-2024-008) (Attachment A); b. Adopt Resolution No. 26-038 approving Architectural & Site Approval Permit (ASA-2024- 011) (Attachment B);
c. Adopt Resolution No. 26-039 approving Tentative Map (TM-2026-006) (Attachment C); d. Adopt Resolution No. 26-040 approving Tree Removal permit (TR-2024-033) (Attachment D).

Background:

Following publication of the staff report, a request was made for the Preliminary Title Report for the project site, as well as the Preliminary Fire Access Plan. The Preliminary Fire Access Plan was included in Attachment J as Sheet C23 in the City Council agenda packet . The Preliminary Title Report is attached to this supplemental report as Attachment K.

Attachments Provided with Original Staff Report:

A. Draft Resolution for U-2024-008
B. Draft Resolution for ASA-2024-011
C. Draft Resolution for TM-2024-006

D. Draft Resolution for TR-2024-033
E. Relevant State Law
F. Arborist Report and Peer Review
G. CEQA Exemption Memorandum
H. Public Comment
I. Site Plan and Renderings
J. Complete Plan Set
Attachments Provided with Supplemental 1:

K. Preliminary Title Report and Attachments
Order Number: NCS-1213510-SC
Page Number: 1

First American Title Insurance Company
October 31, 2024 Update

First American Title Insurance Company
National Commercial Services
333 W. Santa Clara Street, Ste. 220
San Jose, CA 95113-1714

Blair Volckmann
Harvest Properties
2800 Campus Drive, Suite 125
San Mateo, CA 94403

Escrow Officer: Carol M. Herrera
Phone: (408)451-7829
Email: [email protected]

Property: 20807, 20813, 20823, 20883, Stevens Creek Boulevard, Cupertino, CA, 95014

PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

Order Number: NCS-1213510-SC
Page Number: 2

First American Title Insurance Company

Dated as of October 25, 2024 at 7:30 A.M.

The form of Policy of title insurance contemplated by this report is:

To Be Determined
A specific request should be made if another form or additional coverage is desired.

Title to said estate or interest at the date hereof is vested in:

Stevens Creek OCA Owner, LLC, a Delaware limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is:

A Fee as to Parcels One, Two, Three and Four; easements as to Parcels Three-A, Five and Six The Land referred to herein is described as follows:

(See attached Legal Description)

At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:

1. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $29,855.92, OPEN
Penalty: $0.00
Second Installment: $29,855.92, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-050

(Portion of Community Facilities District included)
(Affects Parcel Two)

1A. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $30,551.24, OPEN
Penalty: $0.00
Second Installment: $30,551.24, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-051

(Portion of Community Facilities District included)
Order Number: NCS-1213510-SC
Page Number: 3

First American Title Insurance Company
(Affects Parcel Three)

1B. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $36,163.30, OPEN
Penalty: $0.00
Second Installment: $36,163.30, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-052

(Portion of Community Facilities District included)
(Affects Parcel Four)

1C. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $74,184.75, OPEN
Penalty: $0.00
Second Installment: $74,184.75, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-053

(Portion of Community Facilities District included)
(Affects Parcel One)

2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 2013-1, as disclosed by Notice of Special Tax Lien recorded January 22, 2014 as Document No. 22502535 of Official Records, a lien not yet due or payable.
(Affects all Parcels)

3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

4. An easement for public utilities, storm drainage and sanitary sewer construction and maintenance and incidental purposes, recorded July 01, 1968 as Document No. 3441950 and Book 8176, Page 95 of Official Records.

In Favor of: City of Cupertino, a municipal corporation Affects: as described therein

(Affects Parcel One)
Order Number: NCS-1213510-SC
Page Number: 4

First American Title Insurance Company

5. An easement for utilities and incidental purposes, recorded July 17, 1973 as Document No. 4563944 and Book 0473, Page 551 of Official Records.

In Favor of: Pacific Gas and Electric Company, a California corporation Affects: as described therein

(Affects Parcels Three and Four)

6. An easement for 20’ wide water line and incidental purposes in the document recorded November 07, 1973 as Document No. 4644993, Book 0640, Page 205 of Official Records. (Affects Parcels One and Two)

7. An easement for utilities and incidental purposes, recorded January 23, 1974 as Document No. 4690926, Book 0736, Page 412 of Official Records.

In Favor of: Pacific Gas and Electric Company, a California corporation Affects: as described therein

(Affects Parcel One)
The location of the easement cannot be determined from record information.

The terms and provisions contained in the document entitled "Notice of Final Description" recorded December 26, 1980 as Document No. 6936802 and Book F812, Page 204 of Official Records.

The effect of a document entitled "Quitclaim Deed", recorded June 21, 1984 as Document No. 8446655, Book J380, Page 289 of Official Records.

8. The terms and provisions contained in the document entitled "Declaration of Covenants Running with the Land" recorded August 11, 1980 as Document No. 6801243, Book F496, Page 692 of Official Records.
(Affects all Parcels)
Document(s) declaring modifications thereof recorded December 27, 2004 as Document No. 18162144 of Official Records.

9. An easement shown or dedicated on the map of Parcel Map recorded November 04, 1980 on file in Book 474, Page 37 and 38, of Maps.

For: Public utility, private sanitary sewer and incidental purposes. (Affects Parcels One, Two and Three as to public utility easement and Parcel One as to private sanitary sewer easement)

10. An easement shown or dedicated on the map of Parcel Map recorded December 30, 1980 on file in Book 477, Page 51 and 52, of Maps.

For: Public utility, private sanitary sewer and incidental purposes.

Order Number: NCS-1213510-SC
Page Number: 5

First American Title Insurance Company
(Affects Parcels One, Three and Four as to public utility easement and Parcels One and Four as to private sanitary sewer easement)

11. An easement for utilities and incidental purposes, recorded March 26, 1981 as Document No. 7015056, Book F983, Page 403 of Official Records.

In Favor of: Pacific Gas and Electric Company, a California corporation Affects: as described therein

(Affects Parcels One, Three and Four)

12. An easement for gas pipelines and incidental purposes, recorded April 02, 1984 as Document No. 8022079, Book I424, Page 356 of Official Records.

In Favor of: Pacific Gas and Electric Company, a California corporation Affects: as described therein

(Affects Parcel One)

13. The terms and provisions contained in the document entitled "Declaration of Covenants Runnings with the Land" recorded July 19, 1984 as Document No. 8131895, Book I732 Page 542 of Official Records.
(Affects Parcels One, Three and Four)

14. An easement for construct, inspect, maintain and use facilities, also ingress thereto and egress therefrom and incidental purposes, recorded June 21, 1985 as Document No. 8446653, Book J380,

Page 284 ends

In Favor of: Pacific Gas and Electric Company, a California corporation Affects: as described therein

(Affects Parcels One, Three and Four)

15. The terms and provisions contained in the document entitled "Maintenance Agreement" recorded December 02, 2004 as Document No. 18123955 of Official Records. (Affects Parcel Three)

16. An unrecorded lease dated October 29, 2004, executed by Stevens Creek Retail Associates, LLC, a California limited liability company, successor in interest to Stevens Creek Office Center Associates, LTD, a California limited partnership as lessor and Panera, LLC, a Delaware limited liability company as lessee, as disclosed by a Memorandum of Lease recorded August 04, 2005 as Document No. 18510113 of Official Records.
(Affects Parcel Three)
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records.

Order Number: NCS-1213510-SC
Page Number: 6

First American Title Insurance Company

17. The Terms, Provisions and Easement(s) contained in the document entitled "Covenant for Easement Agreement to Grant Future Reciprocal Ingress/Egress Easement" recorded April 06, 2005 as Document No. 18306286 of Official Records.
(Affects Parcel Three)
Said document does not contain a legal description.

18. An easement for U/G electric and incidental purposes, recorded October 26, 2005 as Document No. 18643320 of Official Records.

In Favor of: Pacific and Electric Company, a California corporation Affects: as described therein

(Affects Parcel Three)

19. The Terms, Provisions and Easement(s) contained in the document entitled "Reciprocal Easement Agreement" recorded February 27, 2015 as Document No. 22865836 of Official Records. (Affects Parcel Three)

20. The terms, provisions and easement(s) contained in the document entitled "Storm Drainage Overland Release Easement Agreement" recorded February 27, 2015 as Document No. 22865837 of Official Records.
(Affects Parcel Three)

21. Water rights, claims or title to water, whether or not shown by the Public Records.

22. Rights of tenants in possession of the Land, as tenants only, without options to purchase or rights of first refusal to purchase.

23. A Deed of Trust to secure an original indebtedness of $28,000,000.00 recorded September 25, 2020 as Document No. 24630474 of Official Records.

Dated: September 25, 2020
Trustor: Stevens Creek OCA Owner, LLC, a Delaware limited liability company
Trustee: Brenda S. Tyler
Beneficiary: Principal Life Insurance Company, an Iowa corporation

24. A financing statement recorded September 25, 2020 as Document No. 24630475 of Official Records.

Debtor: Stevens Creek OCA Owner, LLC
Secured party: Principal Life Insurance Company

(Affects all Parcels)

Order Number: NCS-1213510-SC
Page Number: 7

First American Title Insurance Company

INFORMATIONAL NOTES

ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing.

1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 20807, 20813, 20823 and 20883 Stevens Creek Boulevard, Cupertino, CA.

2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:

None

3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued.

4. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy:

A. WITH RESPECT TO A CORPORATION:

1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile.

2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation.

3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.

4. Requirements which the Company may impose following its review of the above material and other information which the Company may require.

B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:

1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records;

2. A full copy of the partnership agreement and any amendments;

3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction;

4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.

5. Requirements which the Company may impose following its review of the above material and other information which the Company may require.

C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:

1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records;

2. A full copy of the partnership agreement and any amendment;

3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction;
Order Number: NCS-1213510-SC
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First American Title Insurance Company

4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.

5. Requirements which the Company may impose following its review of the above material and other information which the Company may require.

D. WITH RESPECT TO A GENERAL PARTNERSHIP:

1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records;

2. A full copy of the partnership agreement and any amendments;

3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require.

E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:

1. A copy of its operating agreement and any amendments thereto;

2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records;

3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records;

4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate:

(i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager.

5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.

6. Requirements which the Company may impose following its review of the above material and other information which the Company may require.

F. WITH RESPECT TO A TRUST:

1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company.

2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction.

3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require.

G. WITH RESPECT TO INDIVIDUALS:

1. A statement of information.

The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.

Order Number: NCS-1213510-SC
Page Number: 9

First American Title Insurance Company

LEGAL DESCRIPTION

Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows:

Parcel One:

Parcel 1 as shown on Lot Line Adjustment, as evidenced by document recorded November 15, 1983, as Instrument No. 7884481, in Book I065, Page 685 and recorded July 31, 2014, as Instrument No. 22667359, both of official records, being more particularly described as follows:

All that certain property situate in the City of Cupertino, County of Santa Clara, State of California, and as shown on that PARCEL MAP filed for record in the office of the County Recorder, Santa Clara County, State of California, on December 30, 1980, in Book 477 of Maps, at Pages 51 and 52 and more particularly described as follows:

Beginning at the most Northwest property corner of Lot 1, as shown on the aforementioned PARCEL MAP, thence along the right-of-way line of Alves Drive 60 'wide), East 159.98 feet to a point of curvature;

Thence along a tangent curve to the right, having a radius of 170.00 feet, through a central angle of 31° 30' 00" for an arc distance of 93.46 feet;

Thence along a tangent curve to the left, having a radius of 220.31 feet, through a central angle of 31° 32' 20" an arc distance of 121.27 feet;

Thence North 89° 57' 40" East 34.23 feet;

Thence leaving the right-of-way line of Alves Drive, South 0° 00' 15" West 378.80 feet;

Thence South 89° 54' 03" West 149.34 feet;

Thence South 0° 05' 57" East 190.35 feet;

Thence South 89° 54' 03" West 31.27 feet;

Thence South 0° 05' 57" East 152.00 feet to Stevens Creek Boulevard;

Thence along the Northerly right-of-way line for Stevens Creek boulevard South 89° 54' 03" West 30.88 feet;

Thence North 0° 05' 57" West 194.00 feet;

Thence South 89° 54' 03" West 186.64 feet;

Thence North 0° 02' 15" West 585.33 feet to the Point of Beginning.

Excepting therefrom all water rights without right of surface entry as granted to the City of Cupertino, a municipal corporation in the instrument recorded April 6, 1973 as Document No. 4488922 and in Book 0315 Page 602, official records, and as granted to California Water Service Company, a California Corporation, by instrument recorded October 30, 1973 as Document No. 4640340 and in Book 0631 at

Page 16 ends

Parcel Two:

Order Number: NCS-1213510-SC
Page Number: 10

First American Title Insurance Company
All of Parcel B, as said parcel is shown on that certain parcel map entitled, "PARCEL MAP ", being a portion of the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, M.D.B. and M. ", which map was filed for record in the office of the recorder of Santa Clara, State of California on November 4, 1980 in Book 474 of Maps at Pages 37 and 38.

Excepting therefrom all water rights without right of surface entry as granted to the City of Cupertino, a municipal corporation in the instrument recorded April 6, 1973 as Document No. 4488922 and in Book 0315 Page 602, official records, and as granted to California Water Service Company, a California corporation, by instrument recorded October 30, 1973 as Document No. 4640340 and in Book 0631 at

Page 16 ends

Parcel Three:

Parcel 3 as shown on Lot Line Adjustment, as evidenced by document recorded November 15, 1983, as Instrument No. 7884481, in Book I065, Page 685 and recorded July 31, 2014, as Instrument No. 22667359, both of official records, being more particularly described as follows:

Beginning at the Northeast property corner of Lot 3, as shown on the aforementioned PARCEL MAP, said point also being the Southeast property corner of Lot 2, as shown on said map;

Thence South 0° 00' 15" East 189.00 feet to Stevens Creek Boulevard;

Thence along the right-of-way line for Stevens Creek boulevard South 89° 54' 03" West 180.00 feet;

Thence North 0° 05' 57" West 152.00 feet;

Thence North 89° 54' 03" East 122.84 feet;

Thence North 0° 05' 57" West 37.00 feet;

Thence North 89° 54' 03" East 57.50 feet to the Point of Beginning.

Page 16 ends

Parcel Three-A:

Non-exclusive easements for ingress, egress, circulation and parking as granted in that certain instrument recorded August 11, 1980 in Book F496, Page 692, official records as amended by that certain instrument recorded December 27, 2004 as Instrument No. 18162144, official records.

Parcel Four:

Parcel 2 as shown on Lot Line Adjustment, as evidenced by document recorded November 15, 1983, as Instrument No. 7884481, in Book I065, Page 685 and recorded July 31, 2014, as Instrument No. 22667359, both of official records, being more particularly described as follows:

Order Number: NCS-1213510-SC
Page Number: 11

First American Title Insurance Company
All that certain property situate in the City of Cupertino, County of Santa Clara, State of California, and as shown on that PARCEL MAP filed for record in the office of the County Recorder, Santa Clara County, State of California, on December 30, 1980, in Book 477 of Maps, at Pages 51 and 52 and more particularly described as follows:

Beginning at the most Southeast property corner of Lot 2, as shown on the aforementioned PARCEL MAP, said point also being the Northeast property corner of Lot 3, as shown on said map;

Thence South 89° 54' 03" West 57.50 feet;

Thence South 0° 05' 57" East 37.00 feet;

Thence South 89° 54' 03" West 91.57 feet;

Thence North 0° 05' 57" West 190.35 feet;

Thence North 89° 54' 03" East 149.34 feet;

Thence South 00° 00' 15" West 153.35 feet to the Point of Beginning.

Page 16 ends

Parcel Five:

A non-exclusive easement for Parking purposes, appurtenant to Parcels One and Two above, as set forth in that certain “declaration of covenants running with the land" recorded July 19, 1984 as Instrument No. 8131895, in Book I732, Page 542 of official records.

Parcel Six:

A non-exclusive easement for storm drainage purposes, appurtenant to Parcel Three above, as set forth in that certain “storm drainage overland release easement agreement" recorded February 27, 2015 as Instrument No. 22865837 of official records.

APN: 326-32-050 (Affects Parcel Two);
326-32-051 (Affects Parcel Three);
326-32-052 (Affects Parcel Four); and
326-32-053 (Affects Parcel One)

Order Number: NCS-1213510-SC
Page Number: 12

First American Title Insurance Company

NOTICE

Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.

If you have any questions about the effect of this new law, please contact your local First American Office for more details.

Order Number: NCS-1213510-SC
Page Number: 13

First American Title Insurance Company
Privacy Policy

We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.

Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.

Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
 Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;  Information about your transactions with us, our affiliated companies, or others; and  Information we receive from a consumer reporting agency.

Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.

We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.

Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Order Number: NCS-1213510-SC
Page Number: 14

First American Title Insurance Company

CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)

EXCLUSIONS

In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or
(d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.

LIMITATIONS ON COVERED RISKS

Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00

ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)

EXCLUSIONS

In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.

This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.

2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking

3. Title Risks:
(a) that are created, allowed, or agreed to by you
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First American Title Insurance Company
(b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records (c) that result in no loss to you
(d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks

4. Failure to pay value for your title.

5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.

2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

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First American Title Insurance Company

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

2006 ALTA OWNER'S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)

EXCLUSIONS FROM COVERAGE

Order Number: NCS-1213510-SC
Page Number: 17

First American Title Insurance Company
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters

a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

2021 ALTA LOAN POLICY (7-1-21)

EXCLUSIONS FROM COVERAGE

The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
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First American Title Insurance Company
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser or encumbrancer had been given for the Insured Mortgage at the Date of Policy.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business law.

5. Invalidity or unenforceability of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury law or Consumer Protection Law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction creating the lien of the Insured Mortgage is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the Insured Mortgage is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 13.b.

7. Any claim of a PACA-PSA Trust. Exclusion 7 does not modify or limit the coverage provided under Covered Risk 8.

8. Any lien on the Title for real estate taxes or assessments imposed by a governmental authority and created or attaching between the Date of Policy and the date of recording of the Insured Mortgage in the Public Records. Exclusion 8 does not modify or limit the coverage provided under Covered Risk 2.b. or 11.b.

9. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.

7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, geothermal resources, uranium, clay, rock, sand and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.

2021 ALTA OWNER'S POLICY (7-1-21)

EXCLUSIONS FROM COVERAGE

The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction Order Number: NCS-1213510-SC
Page Number: 19

First American Title Insurance Company
vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.

5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.

6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.

7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

EXCEPTIONS FROM COVERAGE

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.

't
J
EXHIBIT A F 496 �lS: 695
DESCRIPTION OF LANDS OF FRANK AND SALLY A. LAHAYE
AND STEVENS CREEK OFFICE CENTER ASSOCIATES AS FOLLOWS:

All that certain real property situated in the City of
Cupertino, County of Santa Clara, State of California more pre- cisely described as follows:

Beginning at the easterly terminus of the center line of Alves Drive, in the easterly line of Tract no. 936 a map of which was filed in book 36 of maps at page 52, Santa Clara County Records;
Thence leaving said centerline south 30.00 feet to a point on the southerly right-of-way line of Alves Drive and the� Point of Beginning.

Thence along said right-of-way line east, 159.98 feet to the beginning of a tangent curve;
Thence along the arc of a curve to the right, having a radius of 170.00 feet, through a central angle of 31° 30' 00", for a dis tance of 93.46 feet to a point of reverse curvature;
Thence along the arc of a curve to the left, having a radius of 220.31 feet, through a central angle of 31 ° 32' 20", for a dis- tance of 121.27 feet;
Thence north 89° 57' 40" east, 34.23 feet to a point on the easterly line of that certain 3.976 acre parcel of land, as shown upon the Record of Survey for Heilig and Nielsen, recorded in book 83 of maps at page 10, Santa Clara County Records; Thence south 00° 00' 15" west, 721.15 feet to the northerly right-of-way line of Steven Creek Boulevard;
Thence along said right-of-way line south 89° 54' 03" west, 397.73 feet to westerly line of lands distributed to Minnie May Nielsen, by that certain Decree of Distribution recorded July 15,1944 in book 1204, page 522 of Official Records;
Thence along the westerly line of said land north 00° 02' 15" west, 779.33 to the True Point of Beginning.

Containing a total area of 6.932 acres more or less.
sum1s A.HD ASSOCIATES

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

J. Volckmann and Associates
20833 Stevens Creek Blvd.

Suite 100
cupertina, CA 94105
Attn: Jt,hn Volckmann

DECLARATION OF
co-:JENM.NTS RU�NING WITH Tf-lE LAND
THIS DFC:LAI-l.ATION is madn as of the 19th day of
July, 1984, by STEVENS CREEK OFFICE CENTER ASSOCIATES, a C•1ifornia limited partne�s�i� ("Declarant").

A. Declarant is the owner of certain rP.al proper-
ty located in the City of Cu�ertino, County of Santa Clar3, more particularly described as follows:

See Exhibit "A" attached
hereto and made a part hereof.

B. Declarant desires Lo allocate certain rights
for the use of parking spaces between three of the lots de scribed in said Exhibit "A".

NOW, THEREFORE, Decla�ant he�eby declares as

1. The owner of Lot 1 and 2 as described in the
attached Exhibit "A" shall have and is hereby granted, as an appurtenance for the benefit of such Lot and the owner thereof, a non-exclusive right to and a non-exclusive easement for the use of eleven Ill) automo bile parking spa�es within Lot 3, the l
...
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CC 4-07-2026
#12
PlaceWorks Agreement
Desk Item

COMMUNITY DEVELOPMENT DEPARTMENT

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

CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: April 7, 2026
Agenda Item #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 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:

This update provides a response to inquiry received from City Council to provide clarification on various amounts listed in the staff report.

Staff’s responses to questions received from councilmember are shown in italics.

Q1: There are 3 budget modification amounts described in the staff report. Can you clarify what each is - $468,450, $515,425, $660,000?

Staff response: The three budget modification amounts refer to different options. The $468,450 amount refers to the cost of PlaceWorks completing an Environmental Impact Report (EIR) as described in their scope of work, and the $515,425 amount refers to the EIR being completed with a 10% contingency to cover unforeseen, out of scope tasks, should they arise. The $660,000 amount includes noticing, legal fees and an additional 15% contingency for items that the City would need to perform and that are not included in PlaceWorks scope of work.

Attachments Provided with Original Staff Report:

A – Draft Resolution
B – Contract, Scope of Work, & Fee estimate
CC 4-07-2026
#13
Commissions Handbook
Supplemental Report

OFFICE OF THE CITY ATTORNEY

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: April 7, 2026
Agenda Item #13

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.

Background:

This supplemental report provides a corrected version of the redlined Commissioner’s Handbook (Attachment B) included in the original staff report. Due to a technical issue, not all changes were accurately displayed in the previous redline. The corrected v ersion is included with this report as Attachment D. A clean version of Attachment D is included with this report as Attachment E. A copy of the policy on resident communication with staff is also included with this report as Atta chment F, along with relevant info memo, Attachment G.

Attachments Provided with Original Staff Report:

A. Draft Resolution and Commissioner’s Handbook (Exhibit A) B. Commissioners Handbook – Redline
C. Commissioners Handbook – Clean (Exhibit A)
Attachments Provided with Supplemental 1:

D. Updated Commissioners Handbook – Redline
E. Updated Commissioners Handbook – Redline
F. Policy on Resident Communication with Staff
G. Info memo on Policy on Resident Communication with Staff

01276.0001 2102119.4

COMMISSIONERS’

HANDBOOK
20264

01276.0001 2102119.4
Table of Contents
STRUCTURE OF GOVERNMENT 3
Form of Government
City Council
City Manager and Staff
Commissions
Committees
COMMISSION MEMBERSHIP 5
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
Recommendations to City Council
CITY WORK PROGRAM 12
COMMUNICATIONS 12
RESOURCES 13

1 2

01276.0001 2102119.4

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 the AB 1234 Local Ethics and Harassment Prevention trainings, as required by State law. 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. 3 01276.0001 2102119.4
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 additio n, 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 t aking 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 postin g., 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.

Commissioners should reach out to their liaison if they have any questions regarding matters of the commission 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 s administrative aspects of Commission meetings, including preparing agendas and minutes, running the virtual platform, coordinating meeting technology, and timing public comment.

COMMISSIONS
4 01276.0001 2102119.4

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.] 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 roleof a com mission is to assist the City Council in the formation of policy, having been created for the purpose of advising. . 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. 5 01276.0001 2102119.4
• 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.
• 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 he/shethey will be absent.
6 01276.0001 2102119.4
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. • Annual Commission Training: Once per year.

A member shall may be considered 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, after the Chair “seats” the alternate, the alternate member will step into the abs ent 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 Ma ddy Act (Govt. Code Sec tions 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 unless they are seated in place of an absent member.

VACANCIES

7 01276.0001 2102119.4
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

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 is may be automatically vacated at the discretion of the City Council when if the 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 of Section A, above, 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

The citizens 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). Co mmissioners 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 this meetings must be posted at least 72 hours prior to the meeting. A meeting may be cancelled by the 8 01276.0001 2102119.4
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

If the business to be considered at a regular meeting cannot be completed, the cCommission then 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 with coordination with the staff liaison. 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 c ommissions 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 r equests 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 me etings must be open to the public, 9 01276.0001 2102119.4
and the public must be able to observe watch and provide give comments either in person or remotely.

WORK PLAN
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, prio ritize initiatives, allocate resources effectively, and monitor progress throughout the year. The work plan serves as a framework for decision- making, 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 The staff liaison will set aside time to work with the Chair on the agenda. If the Chair is unavailable, some items may be deferred, and staff will proceed with publishing the agenda according to established deadlines. The Chair should make reaso nable efforts to coordinate with the staff liaison. .

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
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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 item list, 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 removed until it is discussed 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.

Staff Updates and Commissioner Activity Report
Each regularly scheduled agenda will also include a "Staff Updates and Commissioner Activity Report 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.

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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.

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 12 01276.0001 2102119.4
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 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 commission er 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 of the member. Each commission shall present prepare an annual report on its activities tofor the City Council.

CITY WORK PROGRAM

The City Council approves an annual City Work Program to guide the work of the City. Prior to the first draft of the City Work Program each year, staff may reach out to the commissions Commissioners are encouraged to review current City Work Program items and sendask for their recommendations for additional items within the scope of the commission's jurisdictio n to City Council for their consideration n, if any . These recommendations will be provided to the City Council for consideration, but u . 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.
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COMMUNICATIONS

Staying Informed
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 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 would 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 only to communicate about any matter within the jurisdiction of your commission.to conduct City business as a commissioner . Emails sen t from a personal email accountaccount, 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.

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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 5
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
Recommendations to City Council
CITY WORK PROGRAM 12
COMMUNICATIONS 12
RESOURCES 13

1 2

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THE STRUCTURE OF GOVERNMENT

FORM OF GOVERNMENT

CITY COUNCIL

CITY MANAGER AND 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. 3 01276.0001 2102119.4
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 additio n, 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 t aking 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 a t 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, 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.

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

COMMISSION MEMBERSHIP

QUORUM, ATTENDANCE, TRAINING, AND REPORTING

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.
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• 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:

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, after the Chair “seats” the alternate, 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 Ma ddy Act (Govt. Code Sect ions 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 unless they are seated in place of an absent member.

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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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

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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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 member s 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

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 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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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, prio ritize initiatives, allocate resources effectively, and monitor progress throughout the year. The work plan serves as a framework for decision- making, promotes accountability, and ensures that the commission remains focused on achieving measurable outcomes that benefit the community.

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 . The staff liaison will set aside time to work with the Chair on the agenda. If the Chair is unavailable, some items may be deferred, and staff will proceed with publishing the agenda according to established deadlines. The Chair should make reasonable efforts to coordinate with the staff liaison . 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 item list, 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 10 01276.0001 2102119.4
removed until it is discussed 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.

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

MINUTES

The approved minutes are placed on file by the City Clerk for public access.

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PROCEDURE

DECORUM AT MEETINGS

BASIS FOR YOUR DECISION

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 12 01276.0001 2102119.4
determinations, such as bias, predetermination or refusal to hear an issue, may invalidate actions.

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 commission er 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

Staying Informed
Commissioners should sign up for City email notifications to stay informed of various community events and public meetings.

USE OF CITY EMAIL

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 discuss ing 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 MANAGER’S
OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
CUPERTINO.GOV

CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: October 17, 2025
To: Cupertino City Council
From: Tina Kapoor, Interim City Manager
Re: Policy on Resident Communication with Staff
Background
As part of the ongoing efforts to support effective service delivery, on October 1, 2025, the City implemented a new Administrative Policy #2.22 governing communications between residents and City staff. The policy promotes consistent, respectful interactions while helping ensure that staff time i s used efficiently and that both operational work and Council p riorities remain the organization’s focus.

Focused on communication between residents, including commissioners and other appointed officials, and City staff, the policy outlines protocols for both resident and staff initiated contact, supporting open and appropriate communication for reasonable requests within staff’s areas of responsibility and not requiring extensive staff time (approximately 1-2 hours). Anything beyond that, or in cases of hostile, threatening, or otherwise inappropriate communication, staff are directed to notify their supervisors. Situations that interfere with staff’s ability to perform their duties are to be referred to the City Manager’s Office. To protect the City from potential liability and maintain effective operations, the City Manager may, when necessary, direct staff to limit communication with specific individuals.

All staff are expected to follow this policy, with department heads and the City Manager ensuring compliance. The policy promotes clear, transparent communication that supports accurate information sharing, operational efficiency, and effective implementation of Council priorities.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None

Council Goal:

Public Engagement and Transparency

California Environmental Quality Act
No California Environmental Quality Act impact.
____________________________________
Prepared by: Tina Kapoor, Interim City Manager
Attachments: A – Policy on Resident Communication with Staff

Cupertino City CouncilApril 7, 2026

Cupertino City Council
April 7, 2026