Cupertino City Council
June 2, 2026

Tuesday, June 2, 2026
6:45 PM

CITY OF CUPERTINO
Televised Regular Meeting (6:45)
10350 Torre Avenue, Council Chamber and via Teleconference City Council

KITTY MOORE, MAYOR

LIANG CHAO, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER

SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER

IN PERSON AND TELECONFERENCE MEETING
For more information: (408) 777-3200 | www.cupertino.gov AGENDA
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CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor.

City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues.

Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Identifying yourself is voluntary and not required to attend the meeting or provide comments.

FLOWCHART FOR HEARING ITEMS:

Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.

Speakers submit a Request to Speak
card, and are allowed up to 3 minutes
per individual. Council members may
ask questions of speakers.

Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.

The Mayor may request a motion and
a second after the close of the public
hearing. Council then deliberates and
votes.

Mayor closes the public hearing
Councilmembers ask clarifying
questions.

PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.

Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.

COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.

Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.

AGENDAS, MINUTES, AND PACKETS

AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.

CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.

Mayor invites
applicant/appellant to
respond to public
comments (2 min)
City Council votes on
the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Councilmembers ask
questions of staff or
applicant/appellant
Mayor opens the public hearing
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IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OPTIONS TO OBSERVE:

Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 24 or Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.gov/youtube and www.Cupertino.org/webcast
4) Attend in person at a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda.

OPTIONS TO PARTICIPATE AND COMMENT:

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

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

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

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

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

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

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slides/share the documents during your oral comment.
2) Written Communications as follows:

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

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

A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_olsCXsn1SHe-MTN0pr0iwg a) Registrants will receive a confirmation email containing information about joining the webinar.
b) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak.
c) Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.

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

B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows:
a) Dial 669-900-6833 and enter WEBINAR ID: 871 2151 9144 b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c) Speakers will be recognized to speak by the last four digits of their phone number.

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

Join from an H.323/SIP room system:

H.323:
206.247.11.121 S West)
206.247.11.121 S East)

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Meeting ID: 871 2151 9144
SIP: [email protected]
D. Online via the teleconferencing device (Audio and Video) being used to provide access to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. a) Speakers are required to notify the City Clerk via email to [email protected] prior to noon on the date of the meeting during which they plan to participate and comment from the remote location noticed to ensure the City Clerk is prepared to accept their comment. b) If the teleconferencing device malfunctions impeding access to the meeting from the remote location, the speaker may alternatively participate via the other options for remote participation provided above.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

1. Subject: Proclamation recognizing June as LGBTQ+ Pride Month Recommended Action: Present proclamation recognizing June as LGBTQ+ Pride Month
A - Proclamation

2. Subject: Proclamation recognizing United Nations World Environment Day, June 5, 2026.

Recommended Action: Present proclamation recognizing June 5, 2026 as United Nations World Environment Day.

A - Proclamation

POSTPONEMENTS AND ORDERS OF THE DAY

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. Oral Communications shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda, after the City Manager's report. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or

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reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 3-13)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

3. Subject: Approval of May 11, 2026 City Council meeting minutes (Budget Study Session).

Recommended Action: Approve the May 11, 2026 City Council meeting minutes (Budget Study Session).

A - Draft Minutes

4. Subject: Approval of May 11, 2026 City Council meeting minutes (Closed Session).

Recommended Action: Approve the May 11, 2026 City Council meeting minutes (Closed Session).

A - Draft Minutes

5. Subject: Approval of May 19, 2026 City Council meeting minutes Recommended Action: Approve the May 19, 2026 City Council meeting minutes A - Draft Minutes

6. Subject: Approval of May 20, 2026 City Council meeting minutes Recommended Action: Approve the May 20, 2026 City Council meeting minutes A - Draft Minutes

7. Subject: Approval of May 21, 2026 City Council meeting minutes Recommended Action: Approve the May 21, 2026 City Council meeting minutes A - Draft Minutes

8. Subject: Adoption of a Resolution authorizing Subsidiary Bodies to use teleconferencing for public meetings under Senate Bill (SB) 707.

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Recommended Action: Adopt Resolution No. 26-064 authorizing Subsidiary Bodies to use teleconferencing for public meetings pursuant to Government Code section 54953.8.6, as added by Senate Bill (SB) 707.

Staff Report
A - Draft Resolution

9. Subject: Receive the Monthly Treasurer's Investment Report for April 2026 Recommended Action: Receive the Monthly Treasurer's Investment Report for April 2026
Staff Report
A – Chandler Investment Report April 2026

10. Subject: Receive the Monthly Treasurer's Report for April 2026 Recommended Action: Receive the Monthly Treasurer's Report for April 2026 Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances April 2026 B – Report of City-wide Fund BalancesNet Position April 2026

11. Subject: Memorandum of Agreement Among Coalition Partners for the Resilient Facilities Coalition for the City of Cupertino to participate with other partner agencies for the purpose of pursuing grant funds to support installation of various improvements in public buildings within their jurisdictions to enhance resiliency and reduce greenhouse gas emissions.

Recommended Action: Adopt Resolution No. 26-065 authorizing the City Manager to sign the Resilient Facilities Coalition Memorandum of Agreement and any amendments on behalf of the City of Cupertino, as a partner with other partner agencies, for the purpose of pursuing grant funds to support installation of various improvements in public buildings within their jurisdictions to enhance resiliency and reduce greenhouse gas emissions.

Staff Report
A - Draft MOA - Resilient Facility Coalition
B - Draft Resolution

12. Subject: A resolution calling for a consolidated General Municipal Election on November 3, 2026, to fill three City Council seats and request election services from the Santa Clara County Registrar of Voters.

Recommended Action: Adopt Resolution No. 26-066 calling for a consolidated General Municipal Election on November 3, 2026, to fill three City Council seats and request performance of services from the Registrar of Voters of the County of Santa Clara.

Staff Report
A - Draft Resolution
B - 2026 Election Calendar
C - Election Cost Estimate

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13. Subject: Reappointment of the City of Cupertino’s Bicycle Pedestrian Commission (BPC) representative, Herve Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC).

Recommended Action: Reappoint Bicycle Pedestrian Commissioner Herve Marcy as the City of Cupertino’s representative to the VTA BPAC for the upcoming term, beginning July 1, 2026 and ending June 30, 2028.

Staff report
A - Letter from VTA Requesting BPAC Appointment

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

14. Subject: Approval of Fiscal Year 2026-27 renewal of the 1992 Storm Drain Fee (with no increase) and renewal of the 2019 Clean Water and Storm Protection Fee with a 3% increase.

Recommended Action: 1. Adopt Resolution No. 26-067 (Attachment A) approving the renewal and collection of the 1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2026-27.

2. Adopt Resolution No. 26-068 (Attachment B) approving the renewal and collection of the 2019 Clean Water and Storm Protection Fee with a 3% increase in rates for FY 2026-27.

Staff Report
A - Draft Resolution 1992 Fee
B - Draft Resolution 2019 Fee
C - Clean Water and Storm Protection Fee Ordinance with Fee Report D - Calendar Year 2025 AUP

15. Subject: Consider a residential project with 27 three-story townhomes, including 5 affordable units, with associated site improvements and condominium map, to replace a commercial office building on a 1.55-acre site. The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): ASA-2025-016, TM-2025-008, & TR-2025-033; Applicant: SummerHill Homes, LLC; Location: 10268 Bandley Drive; APNs: 326-33-097.)

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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. 26-069 approving Architectural & Site Approval Permit (ASA-2025-016) (Attachment A);
b. Adopt Resolution No. 26-070 approving Tentative Map (TM-2025-008) (Attachment B);
c. Adopt Resolution No. 26-071 approving Tree Removal permit (TR-2025-033) (Attachment C).

Staff Report
A - Draft Resolution ASA-2025-016
B - Draft Resolution TM-2025-008
C - Draft Resolution TR-2025-033
D - Relevant State Law
E - CEQA Exemption and Memorandum
F - Public Comment
G - Project Site Plans and Rendering
H - Phase I and Phase II peer review and reports

ACTION CALENDAR

16. Subject: Adoption of a Council Policy regarding Disruptions of Telephonic or Internet Service During Public Meetings under Senate Bill (SB) 707.

Recommended Action: Adopt Resolution No. 26-072 adopting the Council Policy, “Disruption of Telephonic or Internet Service During Public Meetings,” as required by Senate Bill (SB) 707.

Staff Report
A - Draft Resolution
B - Draft Policy

ITEMS REMOVED FROM THE CONSENT CALENDAR

CITY MANAGER REPORT

17. Subject: City Manager Report
A - City Manager's Report

ORAL COMMUNICATIONS - CONTINUED

COUNCILMEMBER REPORTS

18. Subject: Councilmember Reports

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A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
D - Councilmember Report, Moore
E - Councilmember Report, Wang

FUTURE AGENDA ITEMS
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists upcoming City Council meeting dates and tentative agenda items, all of which are subject to change.

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

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

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

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

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

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

Any writings or documents provided to a majority of the Cupertino City Council after publication of

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the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.

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

2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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THE CITY COUNCIL AND STAFF

CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐ year term.

The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.

These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.

Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC) Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District ∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole.

TYPES OF COUNCIL ACTIONS

ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted.

APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision.

RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.

Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.

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COMMUNICATING WITH COUNCIL
(408) 777‐1389
(408) 777‐3192
(408) 777‐1316
(408) 777-1326
(408) 777‐3138
(408) 777‐3139
All Council members:

Kitty Moore
Liang Chao
J.R. Fruen
Sheila Mohan
R "Ray" Wang
Executive Assistant
City Hall
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
www.cupertino.gov (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation.  If  you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.

NEWS AND NOTICES FROM CITY HALL

OPTIONS TO VIEW AND PARTICIPATE REMOTELY
The City Channel broadcasts City Council meetings, agenda previews, public service announcements, and other programs of community interest, on Comcast Channel 24 or Channel 26 and U-verse Channel 99.

USEFUL TELEPHONE NUMBERS
City of Cupertino  (City Hall) General Information  and Comments (408) 777‐CITY Fire (Emergency) Santa Clara County Fire Dept.  dispatch     911 Fire (Non‐Emergency ) Santa Clara County Fire Dept. (408) 378‐4010 Garbage         Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E)  1‐800‐743‐5000 Recreation & Community Quinlan Community Center (408) 777‐3120 Services
Police (Emergency) Santa Clara County Sheriff  dispatch 911 Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600 Public Health          Santa Clara County Public Health (408) 732‐3720 Sanitary Sewers        Cupertino Sanitary District         (408) 253‐7071 Water San Jose Water        (408) 279‐7900
California Water        (650) 917‐0152
Tuesday 6:45 PM (Live)
Saturday 9:00 AM
Wednesday 10:00 AM & 7:00 PM
Sunday 12:00 PM
Friday 10:00 AM & 7:00 PM
Monday 10:00 AM & 7:00 PM
City Council videos are available on demand at www.cupertino.gov. Livestream can be watched online at www.Cupertino.gov/youtube and www.Cupertino.gov/webcast. To participate remotely, view the "Options to Observe" section in the posted City Council Agenda.

AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements.

NEWS, COMMUNITY INFORMATION, AND E-NOTIFICATION SIGN-UP CAN ALSO BE FOUND AT https://www.facebook.com/cityofcupertino
https://twitter.com/cityofcupertino
https://www.instagram.com/cityofcupertino
https://www.cupertino.gov/notify
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CITY OF CUPERTINO
Agenda Item
26-15155 Agenda Date: 6/2/2026
Agenda #: 1.

Subject: Proclamation recognizing June as LGBTQ+ Pride Month Present proclamation recognizing June as LGBTQ+ Pride Month CITY OF CUPERTINO Page 1 of 1 Printed on 5/27/2026
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Proclamation

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

THEREFORE,
The City of Cupertino, which is committed to being welcoming and inclusive of all people regardless of their sexual orientation, wishes to celebrate and proclaim June as Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) Pride Month in Cupertino; and
June has been recognized as LGBTQI+ Pride Month since 1970, however, the LGBTQI+ community has been fighting for basic civil and human rights since the 1960s; and
While considerable progress has been made, unacceptable systemic discrimination and violence continue to threaten LGBTQI+ community members, disproportionately impacting marginalized racial and gender minorities; and
Courageous LGBTQI+ Americans continue to enrich every aspect of American life—as civil servants, peace officers, first responders, service members, and veterans; as educators, scholars, and scientists; as doctors and diplomats; and as artists, actors, entertainers, athletes, entrepreneurs, and so much more; and The City of Cupertino stands alongside the LGBTQI+ community and demands equal rights for all, promoting a world in which everyone can live free from discrimination and violence; and The City Council dedicates the month of June to our LGBTQI+ family, friends, and neighbors, and recognize that Cupertino is blessed and enriched by the diversity of our community.

I, Mayor Kitty Moore, and the Cupertino City Council do hereby Proclaim the month of June 2026 as
LGBTQ+ Pride Month
and encourage the community to support all people with equity and inclusion, and to treat others with mutual respect and understanding in the City of Cupertino and in our country.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday, June 2, 2026.
____________________________
The Honorable Kitty Moore
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
26-15156 Agenda Date: 6/2/2026
Agenda #: 2.

Subject: Proclamation recognizing United Nations World Environment Day, June 5, 2026.

Present proclamation recognizing June 5, 2026 as United Nations World Environment Day.

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Proclamation
WHEREAS, The City of Cupertino wishes to show its support for World Environment Day, which began in 1973, when the General
Assembly of the United Nations urged members to undertake world-wide activities reaffirming their concern for the preservation and enhancement of the environment, with a commitment to deepening environmental awareness; and
WHEREAS, World Environment Day is now observed annually on June 5 throughout the world by governments and organizations in the United Nations system; and
WHEREAS, The Day helps the United Nations Environment Programme (UNEP) to raise awareness and generate political momentum around growing concerns, such as the depletion of the ozone layer, toxic chemicals, desertification and global warming; and WHEREAS, The Day has developed into a global platform for taking action on urgent environmental issues; and
WHEREAS, The City recognizes the De Anza College Environmental Studies Department for its ongoing efforts to advance environmental education, sustainability, and community engagement in support of a healthier and more resilient future.

THEREFORE, I, Mayor Kitty Moore, and the Cupertino City Council do hereby Proclaim June 2, 2026 as
World Environment Day
in the City of Cupertino and urge all residents, businesses, and organizations to engage in activities that support efforts to cut emissions, improve public health, and create cleaner, more connected communities.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday June 2, 2026.
____________________________
The Honorable Kitty Moore
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
26-15135 Agenda Date: 6/2/2026
Agenda #: 3.

Subject: Approval of May 11, 2026 City Council meeting minutes (Budget Study Session).

Approve the May 11, 2026 City Council meeting minutes (Budget Study Session).

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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Monday, May 11, 2026

SPECIAL MEETING
At 6:01 p.m., Mayor Moore called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao (6:07 p.m.), and Councilmembers J.R.

Fruen, Sheila Mohan, and R “Ray” Wang.

STUDY SESSION

1. Subject: Initial Study Session on Fiscal Year (FY) 2026-27 Proposed Budget Recommended Action: Conduct the Initial Study Session on Fiscal Year (FY) 2026-27 Proposed Budget
Written communications for this item included emails to Council and staff presentation.

Acting Director of Administrative Services Jonathan Orozco and Acting Budget Manager Toni Oasay-Anderson gave a presentation.

Councilmembers asked questions and made comments.

Mayor Moore opened the public comment period and the following members of the public spoke:

Aref Shaikh, Daniel, Vicy, Joel and Connie (representing group) Housing Commissioner Connie Cunningham (representing self) Mayor Moore closed the public comment period.

Councilmembers requested the following informational memoranda:
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 Outlining financial projections for the Utility Users Tax (UUT) renewal under current terms (Fruen).
 Regarding internship positions and programs throughout City departments. (Chao).
 (1) explaining the need for additional funding for traffic signal synchronization; and (2) detailing the City’s vehicle replacement policy and a comparison timeline against other municipalities (Moore).

Councilmember provided the following comments on Attachment A Proposed Budget Book:

Moore:
 Add the 12% for the transient occupancy tax amount on page 71.  Remove development information previously requested by Audit Committee Budget Format Subcommittee on pages 73-78.
 Supplement the data on pages 83 or 84 with visual graphics or charts.  Add a summary of the City's ongoing funding and support, including Historical Society fee waivers, Chamber of Commerce funding, and itemized Sister City expenses.
 Opposed Fremont Union High School District from participating in the Community Funding Grant program.
 Confirm Rotary Club receiving only one of festival fee waivers, or paid sheriff’s services at festivals, or grant funding.

Chao:
 Include the staff level organization chart from the “Budget at a Glance.” Mohan:
 Opposed further cuts to the proposed $32,000 community funds.  Requested one-time use of the City's fund balance for a multi-year restroom renovation for City parks.

Wang:
 Add a per-capita general fund revenue chart to pages 83–84.  Recommended prioritizing West Side fire safety funding for evacuation routes and traffic improvements in high-risk areas. (Wang and Fruen supported working on a plan).

Moore moved and Wang seconded to form a Council Subcommittee comprised of Mayor Moore and Vice Mayor Chao to re-review the grant policy and the festival fee waiver policy for FY 2027-2028. The motion passed with the following vote: Ayes: Moore, Chao, Mohan and Wang. Noes: Fruen. Abstain: None. Absent: None.

ADJOURNMENT
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At 7:52 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.

Minutes prepared by:
___________________________
Lauren Sapudar, City Clerk
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CITY OF CUPERTINO
Agenda Item
26-15166 Agenda Date: 6/2/2026
Agenda #: 4.

Subject: Approval of May 11, 2026 City Council meeting minutes (Closed Session).

Approve the May 11, 2026 City Council meeting minutes (Closed Session).

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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Monday, May 11, 2026

SPECIAL MEETING
At 8:01 p.m., Mayor Moore called the special City Council Meeting to order in City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014.

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang.

Mayor Chao opened the public comment period and, seeing no one, closed the public comment period.

CLOSED SESSION

1. Subject: Conference with Legal Counsel - Existing Litigation; California Government Code sections 54956.9(d)(1) & 54954.5(c):

Mark Fantozzi v. City of Cupertino, SummerHill Homes, LLC (Real Party in Interest), Case No. 26CV492787
Council met with legal counsel on the existing litigation.

OPEN SESSION REPORT REGARDING CLOSED SESSION
No report was given.

ADJOURNMENT
At 8:21 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.

Minutes prepared by:
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___________________________
Lauren Sapudar, City Clerk
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CITY OF CUPERTINO
Agenda Item
25-14676 Agenda Date: 6/2/2026
Agenda #: 5.

Subject: Approval of May 19, 2026 City Council meeting minutes Approve the May 19, 2026 City Council meeting minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, May 19, 2026

SPECIAL MEETING
At 5:45 p.m., Mayor Moore called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen and Sheila Mohan. Absent: Councilmember R “Ray” Wang.

STUDY SESSION

1. Subject: Update to the Health and Safety Element of the Cupertino General Plan: 2015 - 2040 Community Vision
Recommended Action: Receive the presentation and provide input on the Public Draft of the Health and Safety Element of the Cupertino General Plan: 2015 - 2040 Community Vision.

Written communications for this item include staff presentation and desk item containing Attachment E (Aggregated comments from Mayor Moore and Vice Mayor Chao).

Assistant Director of Community Development Luke Connolly introduced the item.

Senior Associate Eli Krispi of PlaceWorks and Principal Franziska Church of Fehr & Peers gave a presentation.

Councilmembers asked clarifying questions.

Mayor Moore opened the public comment period and the following members of the public spoke:

Planning Commissioner San Rao (representing self) (virtually) Jennifer Griffin (virtually)
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Councilmembers asked questions and made comments.

Mayor Moore closed the public comment period.

Council received the presentation and provided input on the Public Draft of the Health and Safety Element of the Cupertino General Plan: 2015 - 2040 Community Vision.

MOTION: Moore moved and Chao seconded to direct staff to clarify general plan policies, as discussed, and compile Councilmember suggestions, to be submitted or amended by Friday, May 22, 2026, at 5:00 p.m.; to be compiled into a table with a column for staff recommendations for presentation at a future Study Session at a date uncertain.

FRIENDLY AMENDMENT: Chao made a friendly amendment that staff structure the new recommendations to reflect the structure of the Housing Element and include policies, strategies and implementation actions, where feasible and possible. (Moore accepted the friendly amendment).

The amended motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang.

ADJOURNMENT
At 6:44 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.

REGULAR MEETING

CALL TO ORDER
At 6:46 p.m., Mayor Moore called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen and Sheila Mohan. Absent: Councilmember R “Ray” Wang.

CLOSED SESSION REPORT
City Attorney Floy Andrews announced no reportable action taken during the closed session held on May 11, 2026, at 8:00 p.m.

CEREMONIAL ITEMS
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1. Subject: Recognition of the Public Works Department (Capital Improvements, Development Services, Transportation, Environmental Programs and Sustainability, Facilities and Fleet, Grounds, Streets and Sidewalks, and Trees and Right-of-Way Divisions) in conjunction with Public Works Week, May 17-23, 2026 Recommended Action: Recognize the Public Works Department (Capital Improvements, Development Services, Transportation, Environmental Programs and Sustainability, Facilities and Fleet, Grounds, Streets and Sidewalks, and Trees and Right-of-Way Divisions) in conjunction with Public Works Week, May 17-23, 2026 City Manager Tina Kapoor received the proclamation.

Mayor Moore presented the proclamation recognizing the Public Works Department in conjunction with Public Works Week of May 17-23, 2026.

2. Subject: Recognition of Asian American Pacific Islander (AAPI) Month.

Recommended Action: Present proclamations recognizing Asian American Pacific Islander (AAPI) Month.

Stacy Tang, Regional Director of Formosana Association for Public Affairs, on behalf of Asian Pacific American Public Affairs (APAPA) and Betty Yang, Member of Asian American Parent Association (AAPA) received the proclamations.

Mayor Moore presented the proclamations recognizing Asian American Pacific Islander (AAPI) Month.

POSTPONEMENTS AND ORDERS OF THE DAY – None

ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.

The following members of the public spoke:

Helene Davis, Jeanine Woodell and students, representing Cupertino-Copertino Sister Cities Association, discussed the student exchange with Copertino, Italy.

Jennifer Griffin (virtually) discussed housing bill AB 1751.

Nori (virtually) discussed the proposed development at 10268 Bandley Drive.

Planning Commissioner San Rao (representing self) (virtually) discussed traffic, the City’s Photovoltaics Project, and truck noise.
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CONSENT CALENDAR (Items 3-17)
Mayor Moore opened the public comment period and, seeing no one, closed the public comment period.

MOTION: Chao moved and Moore seconded to approve Consent Calendar Item Nos. 3-17. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: None.

Abstain: None. Absent: Wang.

3. Subject: Approval of May 5, 2026 City Council meeting minutes. Recommended Action: Approve the May 5, 2026 City Council meeting minutes.

4. Subject: Setting a hearing date of June 16, 2026 to declare brush with potential fire hazard a public nuisance and consider objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); declaring properties as having potential fire hazards from brush a public nuisance and authorizing removal.

Recommended Action: Adopt Resolution No. 26-053 declaring properties as having potential fire hazards from brush a public nuisance; and set a hearing date of June 16, 2026 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal

5. Subject: Setting a voluntary campaign expenditure limit of $50,000 for the November 3, 2026 City Council election
Recommended Action: Adopt Resolution No. 26-054 setting a voluntary campaign expenditure limit of $50,000 for the November 3, 2026 City Council election Written Communications for this item included a desk item with staff answers to councilmember questions.

6. Subject: Amendment to the 2026 Council Committee Assignments to remove Mayor Kitty Moore as an alternate on the Legislative Review Committee (LRC). Recommended Action: Ratify amendment to the 2026 Council Committee Assignments to remove Mayor Kitty Moore as an alternate on the LRC.

7. Subject: Ratifying Accounts Payable for the periods ending April 10, 2026, and April 24, 2026
Recommended Action: A. Adopt Resolution No. 26-055 ratifying Accounts Payable for the Period ending April 10, 2026; and
B. Adopt Resolution No. 26-056 ratifying Accounts Payable for the Period ending April 24, 2026

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Code Sections 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, and 3.38 to reflect organizational changes related to departmental structure and responsibilities.

Recommended Action: A. Conduct second reading and enact Ordinance No. 26-2283:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTERS 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND

3.38.” and;
B. Adopt Resolution No. 26-057 amending the Unrepresented Employees’ Compensation Program and approving the updated job description to reflect the retitling of the Director of Administrative Services position to Director of Finance

9. Subject: Second reading and enactment of an ordinance to make minor revisions to the Municipal Code amending Chapter 2.04 (Chapter 2.04: City Council-Election and Meetings): Section 2.04.020 Special Meetings; Chapter 3.23 (Public Works Contract and Bidding Procedures): Section 3.23.020 (Definitions) to align with AB 2192; Chapter 5.04 (Business Licenses Generally): Section 5.04.480 (Appeal Procedure); Chapter 5.32 (BINGO): Section 5.32.130 (Total Value of Prizes); Chapter 11.28 (Abandoned, Wrecked, Inoperative Vehicles): Sections 11.28.010 (Definitions) and 11.28.050 (Sale of Merchandise); Chapter 13.04 (Parks): Sections 13.04.130 (Behavior of Persons in Parks) and 13.04.180 (Advertising and Sale Restrictions); and Chapter 16.52 (Prevention of Flood Damage): Sections 16.52.011 (Lands to Which this Chapter Applies) and 16.52.053 (Standards for Manufactured Homes).

Recommended Action: Conduct second reading and enact Ordinance No. 26-2284: "AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTIONS 2.040.020, 3.23.020, 5.04.480, 5.32.130, 11.28.010,

11.28.050, 13.04.130, 13.04.180, 16.52.011, AND 16.52.053."

10. Subject: Receipt of Treasurer's Investment Report for the Quarter Ending March 31, 2026
Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending March 31, 2026

11. Subject: Annual review and acceptance of the City’s Investment Policy Recommended Action: Adopt Resolution No. 26-058 accepting the City's Investment Policy

12. Subject: Receipt of Single Audit and Agreed Upon Procedures (AUP) Reviews - GANN Limit, Investment Policy, Storm Drain
Recommended Action: Receive the Single Audit and Agreed Upon Procedures (AUP) Reviews - GANN Limit, Investment Policy, Storm Drain

13. Subject: Authorization of second amendment to agreement 311 with All City Management Services, Inc. to continue crossing guard services, increasing contract by 27 CC 06-02-2026 Searchable Packet
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$860,000 ($420,000 for FY 26-27, $440,000 for FY 27-28), for a total not to exceed amount of $2,548,879.04 and extending the agreement term to June 30, 2028.

Recommended Action: Authorize the City Manager to execute a Second Amendment to the Agreement 311 with All City Management Services, Inc. (ACMS) to continue to provide Crossing Guard Services, increasing the contract amount by $860,000 ($420,000 for FY 26-27, $440,000 for FY 27-28) for a total not to exceed amount of $2,548,879.04 and extending the agreement term to June 30, 2028 (Attachment A).

14. Subject: Approval of Updated Council Grant Policy
Recommended Action: Adopt Resolution No. 26-059 approving the updated Council Grant Policy

15. Subject: Award of contract to Snapology of Los Gatos DBA SV Kids Corp for STEAM Lego Enrichment Programs for a total not-to-exceed amount of $222,000; Authority to Extend for Two Additional Years for Five-Year Total Not to Exceed $370,000.

Recommended Action: 1. Award a three-year contract to Snapology of Los Gatos to provide STEAM Lego Enrichment Programs in the amount not to exceed $74,000 per year, totaling $222,000;

2. Authorize the City Managerto execute the contract with Snapology of Los Gatos when all conditions have been met; and

3. Authorize the City Manager to extend the contract for up to two additional years, at an annual amount not to exceed $74,000, for a five-year total not-to-exceed $370,000, provided pricing and services remain acceptable.

16. Subject: Authorization to execute amendment to Greenwood Court Community Development Block Grant (CDBG) loan agreement to extend affordability restrictions by ninety-nine (99) years.

Recommended Action: Authorize the City Manager to execute the amendment to extend the term of the CDBG loan agreement to the West Valley Community Services (WVCS) for rehabilitation of the low-income rental units at Greenwood Court to preserve affordability restrictions for an additional ninety-nine (99) years.

17. Subject: Approval of first amendment to the Countywide Household Hazardous Waste (HHW) Collection Program agreement with the County of Santa Clara (County) to augment funding up to an additional $36,433 to the Countywide HHW Program during Fiscal Year (FY) 2026-27 using earmarked funds within the Resource Recovery Fund 520, raising the not to exceed amount of the three-year 2024-2027 agreement to $435,676.

Recommended Action: Authorize the City Manager to execute a first amendment to the Countywide HHW Collection Program agreement between the City of Cupertino and the County of Santa Clara to augment funding up to an additional $36,433 from fund 520 Resource Recovery with no impact to the General Fund to the Countywide HHW 28 CC 06-02-2026 Searchable Packet
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Program during FY 2026/27 for the purpose of attaining or increasing household participation, raising the not to exceed amount of the three-year 2024-2027 agreement to $435,676.

PUBLIC HEARINGS

18. Subject: Public Hearing Pursuant to Government Code Section 3502.3 to Receive a Report on City of Cupertino Vacancies, Recruitment and Retention Efforts.

Recommended Action: Receive the informational report on City of Cupertino Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3.

Human Resources Manager Vanessa Guerra gave a presentation.

Councilmembers asked clarifying questions.

Mayor Moore opened the public hearing and the following members of the public spoke:

Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments.

Mayor Moore closed the public hearing.

MOTION: Fruen moved and Mohan seconded the staff recommendation to receive the informational report on City of Cupertino Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: None. Abstain: None.

Absent: Wang.

At 7:34 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 7:41 p.m. with all Councilmembers present (Wang absent).

ACTION CALENDAR

19. Subject: Acceptance of the City Manager’s Third Quarter Financial Report for Fiscal Year 2025-26; Budget Modification increasing appropriations by $526,184 and increasing estimated revenues by $372,500.

Recommended Action: 1. Accept the City Manager’s Third Quarter Financial Report for Fiscal Year 2025-26,

2. Adopt Resolution No. 26-060 approving Budget Modification No. 2526-443, 29 CC 06-02-2026 Searchable Packet
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increasing appropriations by $526,184 and increasing estimated revenues by $372,500; and

3. Adopt Resolution No. 26-061 amending the Unrepresented Employees’ Compensation Program to incorporate revised salary schedule.

Acting Director of Administrative Services Jonathan Orozco and Budget Manager Toni Oasay-Anderson gave a presentation.

Councilmembers asked clarifying questions.

Mayor Moore opened the public comment period and the following members of the public spoke:

Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments.

Mayor Moore closed the public comment period.

MOTION: Fruen moved and Chao seconded the staff recommendation to:

1. Accept the City Manager’s Third Quarter Financial Report for Fiscal Year 2025-26, and

2. Adopt Resolution No. 26-060 approving Budget Modification No. 2526-443, increasing appropriations by $526,184 and increasing estimated revenues by $372,500; and

3. Adopt Resolution No. 26-061 amending the Unrepresented Employees’ Compensation Program to incorporate revised salary schedule.

The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan.

Noes: None. Abstain: None. Absent: Wang.

20. Subject: Annual Review and Acceptance of Other Post-Employment Benefits (OPEB) and Pension Trust Investment Policies
Recommended Action: A. Adopt Resolution No. 26-062 for the OPEB Trust Investment Policy; and
B. Adopt Resolution No. 26-063 for the Pension Trust Investment Policy Acting Director of Administrative Services Jonathan Orozco gave a presentation.

Councilmembers asked clarifying questions.

Mayor Moore opened the public comment period and the following members of the public spoke:
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Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments.

Mayor Moore closed the public comment period.

MOTION: Chao moved and Mohan seconded the staff recommendation to:

A. Adopt Resolution No. 26-062 for the OPEB Trust Investment Policy; and B. Adopt Resolution No. 26-063 for the Pension Trust Investment Policy The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan.

Noes: None. Abstain: None. Absent: Wang.

21. Subject: Authorization of Below Market Rate (BMR) Housing Administration contract execution
Recommended Action: Authorize the City Manager to execute the agreement with RISE Housing for Below Market Rate (BMR) Administration services and approve allocation for the contract to be budgeted from the General Fund
Senior Housing Coordinator Nicky Vu gave a presentation and Director of Community Development Benjamin Fu was also present.

Councilmembers asked clarifying questions.

Moore requested an informational memorandum to explore potential benefits and drawbacks of two potential structural revisions to the City's Below Market Rate Housing program that have been adopted as practices by neighboring jurisdictions.

Mayor Moore opened the public comment period and the following members of the public spoke:

Jennifer Griffin (virtually)
Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments.

Mayor Moore closed the public comment period.

MOTION: Chao moved and Mohan seconded the staff recommendation to authorize the City Manager to execute the agreement with RISE Housing for Below Market Rate (BMR) Administration services and approve allocation for the contract to be budgeted from the General Fund. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang.
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ITEMS REMOVED FROM THE CONSENT CALENDAR - None

CITY MANAGER REPORT

22. Subject: City Manager Report
City Manager Tina Kapoor included the City Manager Newsletter, which includes recent highlights and upcoming events as provided in the published agenda.

ORAL COMMUNICATIONS - CONTINUED - None

COUNCILMEMBER REPORTS

23. Subject: Councilmember Reports
Councilmembers included reports on their various committees and events as provided in the published agenda.

FUTURE AGENDA ITEMS
As noted under Item No. 21, one informational memorandum was requested to explore potential benefits and drawbacks of two potential structural revisions to the City's Below Market Rate Housing program that have been adopted as practices by neighboring jurisdictions (Moore).

24. Subject: Upcoming Draft Agenda Items Report
A tentative Council meeting agenda calendar was provided in the published agenda.

ADJOURNMENT
Mayor Moore adjourned the meeting in honor of Memorial Day.

At 8:53 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting.

Minutes prepared by:
________________________________
Lauren Sapudar, City Clerk
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CITY OF CUPERTINO
Agenda Item
26-15136 Agenda Date: 6/2/2026
Agenda #: 6.

Subject: Approval of May 20, 2026 City Council meeting minutes Approve the May 20, 2026 City Council meeting minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Wednesday, May 20, 2026

SPECIAL MEETING
At 7:02 p.m., Mayor Kitty Moore called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014.

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen and Sheila Mohan. Absent: Councilmember R “Ray” Wang.

COMMISSION INTERVIEWS

1. Subject: Interview and appoint to fill vacancies on the Teen Commission (Day 1) Recommended Action: Conduct interviews and make appointments to fill four vacancies and one alternate commission member on the Teen Commission Written Communications for this item included an amended Attachment A – Interview Schedule.

Mayor Moore opened the public comment period and, seeing no one, closed the public comment period.

Councilmembers asked questions and made comments.

Council conducted interviews for commission vacancies with terms expiring on Teen Commission.

MOTION: Fruen moved and Mohan seconded to postpone voting to make any appointments until after conducting the remaining commission interviews scheduled on May 21. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang.

ADJOURNMENT
At 9:27 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.

Minutes prepared by:
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City Council Minutes May 20, 2026
________________________________
Lauren Sapudar, City Clerk
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CITY OF CUPERTINO
Agenda Item
26-15137 Agenda Date: 6/2/2026
Agenda #: 7.

Subject: Approval of May 21, 2026 City Council meeting minutes Approve the May 21, 2026 City Council meeting minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Thursday, May 21, 2026

SPECIAL MEETING
At 6:00 p.m., Mayor Kitty Moore called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014.

ROLL CALL

Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen and Sheila Mohan. Absent: Councilmember R “Ray” Wang.

COMMISSION INTERVIEWS

1. Subject: Interview and appoint to fill vacancies on the Teen Commission (Day 2) Recommended Action: Conduct interviews and make appointments to fill four vacancies and one alternate commission member on the Teen Commission Written Communications for this item included an amended Attachment A – Interview Schedule.

Mayor Moore opened the public comment period and, seeing no one, closed the public comment period.

Councilmembers asked questions and made comments.

Council conducted interviews for commission vacancies and terms expiring on Teen Commission.

At 7:00 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 7:14 p.m. with all Councilmembers present (Wang absent).

The Council continued interviewing applicants.

Councilmembers asked questions and made comments.

Council voted to make appointments via an electronic voting system. Images of the voting results are included after the minutes as Exhibit A (attached). 37 CC 06-02-2026 Searchable Packet
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Council conducted voting rounds to fill the vacancies on the Teen Commission.

MOTION: Moore moved and Mohan seconded to appoint Isabel Tian, Nikita Sharma, Anya Mulchandani, Pranshu Jha to the Teen Commission with terms ending August 31, 2029, and Stefan Johnson as alternate member. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: None. Abstain: None. Absent:

Wang.

2. Subject: Interview and appoint to fill vacancies on the Public Safety Commission Recommended Action: Conduct interviews and make appointments to fill two vacancies on the Public Safety Commission and one alternate commission member on the Public Safety Commission.

Written Communications for this item included an amended Attachment A – Interview Schedule.

Mayor Moore opened the public comment period and, seeing no one, closed the public comment period.

Councilmembers asked questions and made comments.

Council conducted interviews to fill a special vacancies on the Public Safety Commission.

Council voted to make appointments via an electronic voting system. Images of the voting results are included after the minutes as Exhibit A (attached).

MOTION: Fruen moved and Moore seconded to appoint Unmesh Agarwala to the Public Safety Commission with partial term ending January 30, 2027, Stephen Lau to the Public Safety Commission with a full term ending January 30, 2029, and Adwait Sathye as alternate member. The motion passed with the following vote: Ayes: Moore, Chao, Fruen and Mohan. Noes: None. Abstain: None. Absent: Wang.

ADJOURNMENT
At 9:55 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.

Minutes prepared by:
________________________________
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Lauren Sapudar, City Clerk
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Exhibit A
City Council Meeting
Teen Commission and Public Safety Commission Interviews May 20, 2026 and May 21, 2026
Unofficial Council Voting Results (approved by City Council minutes before the official record)
Teen Commission
Round 1
Round 2
Round 3
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Exhibit A
Round 4
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Exhibit A
Public Safety Commission
Round 1
Round 2
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Exhibit A
Round 3
Round 4
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CITY OF CUPERTINO
Agenda Item
26-15063 Agenda Date: 6/2/2026
Agenda #: 8.

Subject: Adoption of a Resolution authorizing Subsidiary Bodies to use teleconferencing for public meetings under Senate Bill (SB) 707.

Adopt Resolution No. 26-064 authorizing Subsidiary Bodies to use teleconferencing for public meetings pursuant to Government Code section 54953.8.6, as added by Senate Bill (SB) 707.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/27/2026
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CITY COUNCIL STAFF REPORT
Date: June 2, 2026
Subject
Adoption of a Resolution authorizing Subsidiary Bodies to use teleconferencing for public meetings under Senate Bill (SB) 707.

Recommended Action
Adopt Resolution No. 26-XXX authorizing Subsidiary Bodies to use teleconferencing for public meetings pursuant to Government Code section 54953.8.6, as added by Senate Bill (SB) 707.

Background
The Ralph M. Brown Act requires that, with limited exceptions, all meetings of a legislative body of a local agency be open and public, and that all persons be permitted to attend and participate. Senate Bill 707 (Durazo) amends the Ralph M. Brown Act and establishes new public meeting and teleconferencing requirements for local legislative bodies. Among other provisions, the legislation authorizes certain eligible subsidiary bodies to use teleconferencing for public meetings if specified statutory conditions are met, and the City Council makes the required findings.

In 2025, the Legislature adopted Senate Bill 707 (Durazo), which amends the Brown Act with the intent to modernize teleconferencing procedures and increase public engagement during meetings of legislative and subsidiary bodies. Among the various new requirements under SB 707, all “eligible legislative bodies,” as defined by Government Code section 54953.4(e)(2), must now offer hybrid meetings (through a twoway phone or video platform) and certain eligible subsidiary bodies may be authorized to use teleconferencing for public meetings. As pertains to eligible subsidiary bodies, the City Council must make the required findings initially and every six months thereafter for the eligible subsidiary bodies to continue using this teleconferencing option.

The proposed resolution finds that the following eligible subsidiary bodies will benefit from teleconferencing under Government Code section 54953.8.6: Arts and Culture Commission, Audit Committee, Bicycle Pedestrian Commission, Economic Development Committee, Housing Commission, Parks & Recreation Commission, Planning 45 CC 06-02-2026 Searchable Packet
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Commission, Public Safety Commission, Sustainability Commission, Technology, Information and Communications Commission, and Teen Commission. It also authorizes those bodies to use teleconferencing for their public meetings, subject to reconsideration of the required findings by the City Council every six months thereafter. Adoption of the resolution will ensure compliance with state law and continue to support accessible and flexible public meetings.

Commission and Committee meetings, except for the Library Commission, will be conducted in a hybrid format via Zoom. This teleconferencing framework also requires that at least one physical meeting location be available for the public to attend, observe, and participate in the meeting. At least a quorum of the eligible subsidiary body must be present for the meeting in-person at the physical meeting location.

Reasons for Recommendation and Available Options
The City Attorney’s Office prepared the attached draft Resolution (Attachment A) to satisfy this new State authorization process. The resolution would authorize the following eligible subsidiary bodies: Arts and Culture Commission, Audit Committee, Bicycle Pedestrian Commission, Economic Development Committee, Housing Commission, Parks & Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Technology, Information and Communications Commission, and Teen Commission, to use teleconferencing.

The attached draft resolution outlines the authorization that would allow those bodies to meet using teleconferencing while maintaining a physical meeting location for a quorum of the eligible subsidiary body and for public participation. If adopted, the authorization would take effect upon approval, subject to the City Council’s reconsideration of the required findings every six months thereafter.

The full text of SB 707 can be found here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 Based on the findings outlined above, staff recommends adopting the draft resolution authorizing teleconferencing for the eligible subsidiary bodies, except for the Library Commission.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

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

Public Engagement and Transparency California Environmental Quality Act No California Environmental Quality Act impact.
_____________________________________
Prepared by: Priyanka Shah, Special Counsel
Reviewed by: Lauren Sapudar, City Clerk
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution
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RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL AUTHORIZING

TELECONFERENCING FOR LISTED SUBSIDIARY BODIES PURSUANT TO GOVERNMENT CODE SECTION 54953.8.6
WHEREAS, Government Code section 54953.8.6 permits a legislative body, such as a City Council that established a subsidiary body meeting the definition contained in Government Code sections 54952(b) and 54953.8.6(b)(1) (“eligible subsidiary body”), to authorize eligible subsidiary bodies to use teleconferencing; and WHEREAS, the City Council of the City of Cupertino has established the following eligible subsidiary bodies: Arts and Culture Commission, Audit Committee, Bicycle Pedestrian Commission, Economic Development Committee, Housing Commission, Parks & Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Technology, Information and Communications Commission, and Teen Commission; and
WHEREAS, the City Council has considered the circumstances and needs of the listed eligible subsidiary bodies, including public access, member participation, and the efficient conduct of public business; and
WHEREAS, the public has been made aware of the audio-visual remote participation that is available for use by the City’s eligible subsidiary bodies in connection with their regularly scheduled meetings and has been provided the opportunity to comment in-person at the physical location of meetings held by the eligible subsidiary bodies; and
WHEREAS, the City Council finds that allowing eligible subsidiary bodies to use teleconferencing enhances public access and participation, and promotes the attraction, retention, and diversity of such eligible subsidiary body members.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby resolve as follows:

1. The foregoing recitals are true and correct and are incorporated herein by reference.

2. The City hereby authorizes the following eligible subsidiary bodies to conduct teleconference meetings pursuant to Government Code section 54953.8.6, subject to compliance with all applicable provisions of the Ralph M. Brown Act and any implementing policies adopted by the City Council.
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Resolution No. 26-___

a. Arts and Culture Commission
b. Audit Committee
c. Bicycle Pedestrian Commission
d. Economic Development Committee
e. Housing Commission
f. Parks & Recreation Commission
g. Planning Commission
h. Public Safety Commission
i. Sustainability Commission
j. Technology, Information, and Communications Commission k. Teen Commission

3. A quorum of members of an eligible subsidiary body must still participate in person at the physical location of a meeting before business may be conducted.

4. Any eligible subsidiary body authorized under this resolution shall comply with all requirements applicable to teleconference meetings, including any requirements regarding public access, member participation, and notice as provided by law.

5. This authorization shall remain in effect for six (6) months from the date of adoption and may be renewed by subsequent council action consistent with Government Code section 54953.8.6, and in all events is subject to the statutory sunset date of January 1, 2030.

6. No other subsidiary body, including the Library Commission, is authorized by this resolution unless and until separately approved by the City Council.

7. This resolution may be reviewed, modified, or revoked by subsequent action of the City Council at any time, consistent with applicable law.

8. This resolution shall become effective immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June 2026, by the following vote:

Members of the City Council
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Resolution No. 26-___

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
25-14429 Agenda Date: 6/2/2026
Agenda #: 9.

Subject: Receive the Monthly Treasurer's Investment Report for April 2026 Receive the Monthly Treasurer's Investment Report for April 2026 CITY OF CUPERTINO Page 1 of 1 Printed on 5/27/2026
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ADMINISTRATIVE SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
1 CITY COUNCIL STAFF REPORT
Date: June 2, 2026
Subject
Receive the Monthly Treasurer's Investment Report for April 2026 Recommended Action
Receive the Monthly Treasurer's Investment Report for April 2026 Reasons for Recommendation
The Monthly Investment Report is a routine report provided to City Council and is provided as Attachment A with this report.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program Item/Description
None.

Council Goal
Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jonathan Orozco, Acting Director of Administrative Services and City Treasurer
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Chandler Investment Report April 2026
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INVESTMENT REPORT
City of Cupertino | As of April 30, 2026
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement. 53 CC 06-02-2026 Searchable Packet
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TABLE OF CONTENTS

ECONOMIC UPDATE

ACCOUNT PROFILE

CONSOLIDATED INFORMATION

PORTFOLIO HOLDINGS

TRANSACTIONS
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ECONOMIC UPDATE
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▪
▪
▪
March payrolls rebounded by 178,000 after February's revised 133,000 decline, but the war in Iran and its disruption of the Strait of Hormuz have driven crude oil above $114—potentially injecting an inflationary shock into an economy grappling with sticky core prices above 3%.

The Federal Reserve has held the funds rate at 3.50–3.75% and adopted a cautious stance, signaling it may delay rate cuts if oil-related inflation persists rather than proves transitory. With this Iran-driven energy shock narrowing the path to policy easing, the Chandler team has extended its projected timeframe for rate cuts beyond our six-month investment horizon.

The Federal Reserve’s Federal Open Market Committee (FOMC) held the target range for the federal funds rate steady at 3.50 to 3.75% on April 29 by an 8-to-4 vote, the most dissents at a single meeting since 1992. Governor Stephen Miran preferred a quarter-point reduction, while Cleveland Fed President Beth Hammack, Minneapolis Fed President Neel Kashkari, and Dallas Fed President Lorie Logan opposed inclusion of an easing bias. The meeting was widely expected to be Chair Jerome Powell's last in that role, with Kevin Warsh's nomination advancing from the Senate Banking Committee earlier the same day. Powell intends to remain on the Board of Governors after his chairmanship concludes May 15.

Treasury yields finished April modestly higher across the curve, attenuating the year-to-date flattening trend that has defined the front end.

The 2-year note closed April 30 at 3.88% and the 10-year at 4.40%, leaving the 2-to-10-year spread at 50 basis points compared with 69 basis points at year-end 2025. The 3-month-to-10-year spread ended the month near 71 basis points, consonant with a moderately positive curve shape. Since December, the 2-year has moved up roughly 40 basis points and the 10-year about 26, a configuration consistent with elevated inflation expectations tied to the conflict in the Persian Gulf and the constellation of supply pressures it has generated.

ECONOMIC UPDATE
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-400
-200
0 200
400
600
800
1,000
MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
March nonfarm payrolls rose by 178,000, a decisive reversal from February’s revised 133,000 decline that had been distorted by a Kaiser Permanente strike affecting over 30,000 healthcare workers and severe winter weather. Healthcare contributed 76,000 positions as striking nurses returned, while construction and leisure rebounded from weather-induced troughs. The unemployment rate edged lower to 4.3%, though partly from a labor force reduction rather than a hiring acceleration. Meanwhile, the underemployment rate edged up to 8.0% from

7.9% in February. Average hourly earnings rose 0.2% over the month and 3.5% year over year—the slowest annual pace since May 2021.

Source: US Department of Labor Source: US Department of Labor

EMPLOYMENT
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0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average In Thousands (000's)
Job openings fell to 6.9 million in February from a revised 7.2 million in January, according to the Bureau of Labor Statistics’ Job Openings and Labor Turnover Survey. The ratio of openings to unemployed workers slipped to 0.9, reinforcing the gradual rebalancing of demand and supply. Hires decreased to 4.8 million, the lowest since April 2020, suggesting employers have grown selective about adding headcount.

Quits were little changed at 3 million. The data reflects a labor market consistent with the Federal Reserve’s characterization of a no-hire, no-fire environment.

Source: US Department of Labor

JOB OPENINGS & LABOR TURNOVER SURVEY
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Source: Bloomberg Indices Source: Bloomberg Indices

ENERGY MARKETS
Energy markets remained the dominant macro story in April, with prices pushed higher by the U.S. naval blockade of Iranian ports and the effective closure of the Strait of Hormuz. Cushing West Texas Intermediate (WTI) crude settled April 30 at $105.07 per barrel and Dated Brent finished at $114.01, after Brent traded as high as $126 intraday. Both benchmarks have appreciated nearly 60% since the conflict began February 28. The AAA national average for regular gasoline reached $4.300 per gallon on April 30, the highest level in nearly four years and $1.12 above the year-ago figure, with a 27-cent jump over the prior week. Diesel held near $5.35 per gallon for the week ending April 27 per the Energy Information Administration.

2.00 2.50

3.00 3.50

4.00 4.50

5.00 5.50

6.00 6.50
US Fuel Prices
Average Retail Price US Diesel
Average Retail Price US Gas
($) Per Gallon
40 60
80 100
120
140
160
Oil Prices
West Texas Intermediate (WTI Spot Cushing)
Dated Brent (Global Spot)
Price Per Barrel (WTI Spot)
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0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator
YOY % Change
PCE Core Deflator
YOY % Change
Fed Target
YOY (%) Change

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change
Inflation pressures intensified in March as the Iran conflict transmitted through energy prices into broader categories. Consumer Price Index (CPI) for March surged 0.9%, the highest monthly rate since June 2022, and was up 3.3% on an annual basis primarily due to spikes in energy and airfare prices. Notably, Core CPI was little changed with a monthly increase of 0.2% and an annual rise of 2.6% as costs for services and other goods remained subdued. The March Personal Consumption Expenditures (PCE) Price Index rose 0.7% month-over-month and 3.5% year-over-year, capturing the energy spike from the Iran War disruption. Meanwhile core PCE, the Federal Reserve’s preferred inflation gauge, was more contained at 0.3% month-over-month and 3.2% year-over-year. Both core readings remain meaningfully above the Fed's 2% objective, complicating any near-term pivot toward easier policy.

Source: US Department of Labor Source: US Department of Commerce

INFLATION
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0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
Retail Sales YOY % Change
YOY (%) Change Consumer spending and confidence both increased according to the latest data releases. Advance retail sales climbed 1.7% in March, the largest monthly increase since January 2023; however, the headline was heavily distorted by an outsized advance in gasoline station receipts attributable to the energy price shock, while the more reliable control-group measure rose 0.7%. The Conference Board’s Consumer Confidence Index edged up 0.6 points to 92.8 in April, with the Expectations component recovering modestly to 72.2 after weeks of geopolitically driven pessimism. The survey period encompassed the temporary ceasefire and an equity market rebound, providing a partial offset to energy price anxiety that had depressed near-term consumer sentiment. 0 20
40 60
80 100
120
140
160
Index Level
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09)

CONSUMER
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-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

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

0.00 0.25

0.50 0.75

1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
Broad composite measures of economic momentum indicate modest slowing through early 2026. The Chicago Fed National Activity Index fell to negative 0.20 in March from a revised positive 0.03 in February, with three of four categories weakening; the three-month moving average held near neutral at negative 0.03, distant from the negative 0.70 threshold historically associated with recession risk. The Conference Board's Leading Economic Index decreased 0.6% in March to 97.3, reversing February's modest 0.3% gain and resuming the broader downtrend that has prevailed since 2022. Over the six months through March, the LEI fell roughly 1.0%, with negative contributions from building permits, consumer expectations, and equity prices partially offset by improving credit conditions.

Source: The Conference Board Source: Federal Reserve Bank of Chicago

LEADING INDICATORS OF ECONOMIC ACTIVITY
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0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
Housing activity bifurcated in March between resilient construction and softer resales. Privately owned housing starts moved higher by

10.8% on the month to a 1.502 million annualized rate, with single-family starts at the highest level since March 2022 at 1.032 million while multifamily starts came in at 470,000. Building permits, by contrast, fell 10.8% to 1.372 million, signaling moderation ahead. Existing home sales decreased 3.6% to a 3.98 million pace, the slowest March since 2009. The S&P CoreLogic Case-Shiller 20-City Composite Index posted a 0.9% gain in year-over-year growth.

Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

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

HOUSING
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40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services

EXPANDING

CONTRACTING
The April ISM Manufacturing PMI held at 52.7, matching the cycle high recorded in March and marking the eighteenth consecutive month above the 47.5 threshold associated with overall economic expansion. New orders firmed to 54.1, production retreated to 53.4, and employment compressed to 46.4, the sharpest contraction in four months. Prices reached 84.6, the highest reading since April 2022. The March ISM Services PMI stood at 54.0, the twenty-first consecutive month in expansion, with business activity at 53.9 and new orders at

60.6, the highest since February 2023. The Services Employment Index slipped to 45.2, its lowest since December 2023, an asymmetric warning sign for hiring momentum.

Source: Institute for Supply Management

PURCHASING MANAGERS INDEX (PMI)
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Components of GDP 6/25 9/25 12/25 3/26

1.7% 2.3% 1.3% 1.1%
-2.7% 0.0% 0.4% 1.5%

4.8% 1.6% -0.2% -1.3%
-0.4% 0.2% -1.2% 0.6%

0.3% 0.2% 0.2% 0.2%

3.8% 4.4% 0.5% 2.0%
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
State and Local (Consumption and Gross
Investment) -2.0%

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce The Bureau of Economic Analysis advance estimate placed real Gross Domestic Product (GDP) growth at 2.0% annualized in the first quarter of 2026, an acceleration from the 0.5% pace recorded in the fourth quarter of 2025 but below the 2.3% consensus expectation.

Personal consumption contributed 1.1%, with government spending at 0.6% as federal outlays rebounded following the late-2025 shutdown.

Net exports subtracted nearly 1.3 percentage points as imports moved higher ahead of expected tariff actions and Strait of Hormuz disruptions.

GROSS DOMESTIC PRODUCT (GDP)
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Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
The Federal Open Market Committee (FOMC) held the target range for the federal funds rate at 3.50 to 3.75% on April 29 by an 8-to-4 vote, the most divided meeting since 1992. Governor Stephen Miran sought a quarter-point reduction, while Presidents Beth Hammack, Neel Kashkari, and Lorie Logan supported the hold but opposed retaining an easing bias amid energy-driven inflation. Chair Jerome Powell characterized the dispersion as natural given the unusually compressed sequence of supply shocks. Powell will remain on the Board of Governors past May 15. Kevin Warsh moved through the Senate Banking Committee and is positioned to chair the June meeting. The Federal Reserve will continue to reinvest principal and interest proceeds from balance sheet assets into U.S. Treasury Securities.

FEDERAL RESERVE

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Effective Federal Funds Rate
Recession
Yield (%)
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Source: Bloomberg Source: Bloomberg

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

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

2.0%

2.5%

3.0%

3.5%

4.0%

4.5%

5.0%

5.5%
US Treasury Yield Curve
Apr-26
Jan-26
Apr-25
Yield (%)
Treasury yields finished April higher, with the curve continuing the year-to-date flattening pattern. The 2-year note ended April 30 at 3.88%, up roughly 40 basis points from the 3.475% close on December 31, 2025, while the 10-year settled at 4.40%, a move higher of about 24 basis points over the same span. The 30-year long bond closed at 4.98% and the 3-month bill at 3.68%. The 2-to-10-year spread compressed to 50 basis points from 69 basis points at year-end, reflecting the asymmetric impact of inflation expectations on shorter maturities. By comparison, the long-run average 2-to-10-year spread since 2005 has been near 95 basis points. The 3-month to 10-year spread stood near 71 basis points at April month-end.

BOND YIELDS
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ACCOUNT PROFILE
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OBJECTIVES
Investment Objectives
The City of Cupertino's investment objectives, in order of priority, are to provide safety to ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash needs and a market rate of return consistent with the investment program.

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

Strategy
In order to achieve these objectives, the portfolio invests in high quality fixed incomes securities consistent with the investment policy and California Government Code. 16 69
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of April 30, 2026 Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES
Max% (MV) 100.0 11.4 Compliant
Max% Issuer (MV; Agencies& Agency CMOs) 25.0 11.4 Compliant Max Maturity (Years) 5.0 4.7 Compliant

ASSET-BACKED SECURITIES (ABS)
Max% (MV; Non Agency ABS& MBS) 20.0 7.6 Compliant
Max% Issuer (MV) 5.0 0.8 Compliant
Max Maturity (Years)54 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max% (MV) 40.0 0.0 Compliant
Max% Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by1 orA- by 1) 0.0 0.0 Compliant

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

COLLATERALIZED TIME DEPOSITS (NON-

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

COMMERCIAL PAPER
Max% (MV) 25.0 0.0 Compliant
Max% Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by1 orA- by 1) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of April 30, 2026 Rules Name Limit Actual Compliance
Status Notes
Max% (MV) 30.0 27.9 Compliant
Max% Issuer (MV) 5.0 1.7 Compliant
Max Maturity (Years)54 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

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

FEDERAL AGENCIES
Max% (MV) 100.0 3.5 Compliant
Max% Issuer (MV; Agencies& Agency CMOs) 25.0 11.4 Compliant Max Callables (MV) 20.0 0.0 Compliant
Max Maturity (Years)51 Compliant

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

MONEY MARKET MUTUAL FUNDS
Max% (MV) 20.0 1.7 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

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

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max% (MV) 30.0 0.9 Compliant
Max% Issuer (MV) 5.0 0.9 Compliant
Max Maturity (Years)53 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, OTHER STATES)
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of April 30, 2026 Rules Name Limit Actual Compliance
Status Notes
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

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

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

SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 1.7 Compliant
Max % Issuer (MV) 10.0 1.7 Compliant
Max Maturity (Years) 5 3 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 45.4 Compliant
Max Maturity (Years) 5 4 Compliant
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PORTFOLIO SUMMARY
Sector Allocation
Performance Review
Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (02/01/19)
City of Cupertino 0.21% 0.23% 0.48% 3.51% 5.20% 4.39% 1.85% -- 2.36% Benchmark Return 0.15% 0.18% 0.34% 3.01% 4.73% 3.87% 1.51% -- 2.10% City of Cupertino | Account #10659 | As of April 30, 2026 Portfolio Characteristics Account Summary
Maturity Distribution
Top Issuers
Credit Quality*
Average Modified Duration 2.53
Average Coupon 3.81%
Average Purchase YTM 4.09%
Average Market YTM 4.08%
Average Credit Quality* AA+
Average Final Maturity 2.93
Average Life 2.78
End Values as of
01/31/2026
End Values as of
04/30/2026
Market Value 206,174,722.48 206,601,959.65
Accrued Interest 1,600,582.56 1,613,512.03
Total Market Value 207,775,305.04 208,215,471.68
Income Earned 1,823,351.48 2,297,952.35
Cont/WD 0.00 0.00
Par 206,274,386.28 208,316,853.15
Book Value 204,717,752.76 206,755,516.70
Cost Value 204,173,834.30 206,138,921.01
United States 45.41%
Federal Home Loan Mortgage Corp 11.40%
Farm Credit System 2.54%
Wells Fargo & Company 1.70%
International Bank for Recon and Dev 1.67%
Morgan Stanley 1.65%
Guardian Life Global Funding 1.30%
The Home Depot, Inc. 1.27%
*The average credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. **Periods over 1 year are annualized.

Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index 20 73
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ISSUERS
City of Cupertino | Account #10659 | As of April 30, 2026 Issuer Investment Type% Portfolio
United States US Treasury 45.41%
Federal Home Loan Mortgage Corp Agency CMBS 11.40%
Farm Credit System Agency 2.54%
Wells Fargo& Company Money Mkt Fd 1.70%
International Bank for Recon and Dev Supras 1.67%
Morgan Stanley Corporate 1.65%
Guardian Life Global Funding Corporate 1.30%
The Home Depot, Inc. Corporate 1.27%
Toyota Motor Corporation Corporate 1.23%
Meta Platforms, Inc. Corporate 1.16%
New York Life Insurance Company Corporate 1.16%
Deere& Company Corporate 0.99%
Royal Bank of Canada Corporate 0.98%
Northwestern Mutual Global Funding Corporate 0.97%
UnitedHealth Group Incorporated Corporate 0.93%
Federal Home Loan Banks Agency 0.92%
Simon Property Group, Inc. Corporate 0.90%
PACCAR Inc Corporate 0.90%
Chubb Limited Corporate 0.85%
State of California Muni Bonds 0.85%
American Honda Finance Corporation Corporate 0.84%
Pricoa Global Funding I Corporate 0.84%
Chase Issuance Trust ABS 0.82%
Bank of America Credit Card Trust ABS 0.80%
Mercedes-Benz Auto Lease Trust ABS 0.78%
Berkshire Hathaway Inc. Corporate 0.77%
PepsiCo, Inc. Corporate 0.73%
Citigroup Inc ABS 0.73%
Prologis, Inc. Corporate 0.73%
Bank of America Corporation Corporate 0.72%
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ISSUERS
City of Cupertino | Account #10659 | As of April 30, 2026 Issuer Investment Type % Portfolio
The Progressive Corporation Corporate 0.72%
JPMorgan Chase & Co. Corporate 0.72%
Alphabet Inc. Corporate 0.72%
Realty Income Corporation Corporate 0.70%
American Express Credit Master Trust ABS 0.69%
Marsh & McLennan Companies, Inc. Corporate 0.68%
WF Card Issuance Trust ABS 0.66%
Salesforce, Inc. Corporate 0.66%
Visa Inc. Corporate 0.65%
Toyota Auto Receivables Owner Trust ABS 0.63%
Met Tower Global Funding Corporate 0.63%
Caterpillar Inc. Corporate 0.59%
Cargill, Incorporated Corporate 0.52%
BMW Vehicle Lease Trust ABS 0.51%
National Rural Utilities Cooperative Corporate 0.49%
The Goldman Sachs Group, Inc. Corporate 0.49%
Massachusetts Mutual Life Insurance Corporate 0.48%
Pacific Mutual Holding Company Corporate 0.48%
The Charles Schwab Corporation Corporate 0.46%
Hyundai Auto Lease Sec Trust ABS 0.45%
Honda Auto Receivables Owner Trust ABS 0.39%
GM Financial Securitized Term ABS 0.38%
Mercedes-Benz Auto Receivables Trust ABS 0.26%
BMW Vehicle Owner Trust ABS 0.25%
John Deere Owner Trust ABS 0.22%
WC MMF Sweep Cash 0.03%
Cash Cash 0.00%
TOTAL 100.00%
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HISTORICAL AVERAGE PURCHASE YIELD
City of Cupertino | Account #10659 | As of April 30, 2026 Purchase Yield as of 04/30/26 = 4.09%
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PORTFOLIO HOLDINGS
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
44934FAD7 HALST 2024-B A3 5.41 05/17/2027 291,745.99 05/14/2024

5.41%
291,737.88
291,743.16
100.23

3.94%
292,426.35
701.49

0.14%
683.19
NA/AAA
AAA

1.05 0.15
47800BAC2 JDOT 2022-C A3 5.09 06/15/2027 73,781.17 10/12/2022

5.15%
73,775.44
73,779.80
100.05

4.65%
73,817.76
166.91

0.04%

37.96 Aaa/NA
AAA

1.13 0.08
89231FAD2 TAOT 2023-C A3 5.16 04/17/2028 548,161.42 11/21/2023

5.65%
545,934.52
547,167.22
100.43

3.97%
550,513.58
1,257.12

0.27%
3,346.36
NA/AAA
AAA

1.97 0.35
438123AC5 HAROT 2023-4 A3 5.67
06/21/2028 405,239.38 --5.64%
406,242.50
405,601.68
100.85

4.07%
408,676.62
638.25

0.20%
3,074.94
Aaa/NA
AAA

2.14 0.49
05594HAD5 BMWLT 2025-2 A3 3.97
09/25/2028 1,050,000.00 10/08/20254.32%
1,049,997.06
1,049,997.60

99.88 4.11%
1,048,730.55
694.75

0.51%
(1,267.05)
NA/AAA
AAA

2.41 1.13
58769FAC9 MBART 2023-2 A3 5.95
11/15/2028 522,439.64 11/29/20233.88%
533,500.67
526,778.66
100.94

3.92%
527,338.56
1,381.56

0.26%
559.90
NA/AAA
AAA

2.54 0.45
47800RAD5 JDOT 2024 A3 4.96 11/15/2028 381,909.15 03/25/2024

5.13%
381,730.13
381,810.98
100.60

4.11%
384,201.75
841.90

0.19%
2,390.77
Aaa/NA
AAA

2.54 0.66
05522RDH8 BACCT 2023-2 A 4.98 11/16/2026 850,000.00 01/24/2024

4.58%
858,798.83
851,708.15
100.55

3.97%
854,714.10
1,881.33

0.41%
3,005.95
Aaa/NA
AAA

0.55 0.52
437930AC4 HAROT 2024-2 A3 5.27
11/20/2028 390,693.39 05/14/20245.27%
390,645.92
390,666.42
100.79

3.98%
393,761.50
743.51

0.19%
3,095.08
NA/AAA
AAA

2.56 0.58
448970AD5 HALST 2026-A A3 3.97
12/15/2028 635,000.00 01/12/20263.98%
634,906.91
634,915.70

99.65 4.22%
632,794.01
1,120.42

0.31%
(2,121.69)
NA/AAA
AAA

2.63 1.63
36268GAD7 GMCAR 2024-1 A3 4.85
12/18/2028 786,054.01 --4.97%
784,807.52
785,346.71
100.40

4.07%
789,174.64
1,588.48

0.38%
3,827.93
Aaa/NA
AAA

2.64 0.48
161571HV9 CHAIT 241 A 4.6 01/16/2029 1,690,000.00 01/24/2024

4.61%
1,689,742.61
1,689,859.23
100.48

3.95%
1,698,051.16
3,455.11

0.82%
8,191.93
NA/AAA
AAA

2.71 0.68
096919AD7 BMWOT 2024-A A3 5.18
02/26/2029 509,362.46 06/04/20245.18%
509,285.09
509,316.07
100.79

3.88%
513,361.47
439.75

0.25%
4,045.40
Aaa/AAA
NA

2.83 0.58
58770XAD5 MBALT 2025-B A3 3.88
04/16/2029 1,045,000.00 10/16/20254.57%
1,044,828.52
1,044,854.27

99.42 4.29%
1,038,903.47
1,802.04

0.50%
(5,950.80)
NA/AAA
AAA

2.96 1.54
05522RDJ4 BACCT 2024-1 A 4.93 05/15/2029 785,000.00 06/06/2024

4.93%
784,955.96
784,972.90
100.97

4.01%
792,587.03
1,720.02

0.38%
7,614.13
Aaa/AAA
NA

3.04 0.99
58770YAD3 MBALT 2026-A A3 3.93
01/15/2030 570,000.00 01/13/20263.97%
569,886.97
569,894.74

99.34 4.32%
566,241.99
995.60

0.27%
(3,652.75)
Aaa/NA
AAA

3.71 1.87
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

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

4.28%
1,419,974.30
1,419,979.35
100.26

4.17%
1,423,748.80
2,701.16

0.69%
3,769.45
NA/AAA
AAA

3.96 1.84
92970QAJ4 WFCIT 2025-1 A 4.34 05/15/2030 1,365,000.00 06/03/2025

4.33%
1,364,977.34
1,364,981.43
100.39

4.17%
1,370,380.83
2,632.93

0.66%
5,399.40
NA/AAA
AAA

4.04 1.91
17305EHA6 CCCIT 2025-A1 A1 4.3 06/21/2030 1,500,000.00 10/09/2025

3.90%
1,515,000.00
1,511,908.63
100.27

4.16%
1,504,057.50
23,291.67

0.73%
(7,851.13)
Aaa/AAA
NA

4.14 1.99
89240QAD7 TAOT 2026-B A3 4.13 12/16/2030 760,000.00 04/14/2026

4.27%
759,839.72
759,840.66

99.84 4.24%
758,784.76
871.89

0.37%
(1,055.90)
Aaa/AAA
NA

4.63 2.25
15,610,567.89 100.28 15,622,266.43 7.56% 3.01
Total ABS 15,579,386.61 4.54% 15,595,123.35 4.10% 48,925.90 27,143.08 1.22 AGENCY
3130B0TY5 FEDERAL HOME LOAN BANKS 4.75
04/09/2027 1,875,000.00 04/10/20244.85%
1,870,050.00
1,873,446.61
100.88

3.78%
1,891,546.88
5,442.71

0.92%
18,100.26
Aa1/AA+
AA+

0.94 0.91
3133ERDS7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 05/06/2027 2,400,000.00 06/20/20244.55% 2,412,552.00
2,404,427.30
101.02

3.71%
2,424,532.80
55,416.67

1.17%
20,105.50
Aa1/AA+
AA+

1.02 0.96
3133EPC60 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.625 11/15/2027 2,800,000.00 11/09/20234.73% 2,789,612.00
2,795,996.96
101.12

3.87%
2,831,284.40
59,713.89

1.37%
35,287.44
Aa1/AA+
AA+

1.54 1.44
7,072,214.00 101.02 7,147,364.08 3.46% 1.21
Total Agency 7,075,000.00 4.70% 7,073,870.88 3.79% 120,573.26 73,493.20 1.14

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

1.36%
687,451.17
652,005.53

99.48 3.95%
646,608.30
1,437.04

0.31%
(5,397.23)
Aa1/AA+
AAA

0.32 0.27
3137FKUP9 FHMS K-087 A2 3.771 12/25/2028 1,934,001.66 07/01/2024

4.86%
1,850,220.11
1,884,825.53

98.88 4.17%
1,912,416.27
6,077.60

0.93%
27,590.74
Aa1/AAA
AA+

2.65 2.36
3137FL6P4 FHMS K-089 A2 3.563 01/25/2029 1,288,000.00 07/03/2024

4.70%
1,228,178.44
1,252,333.63

98.35 4.15%
1,266,767.32
3,824.29

0.61%
14,433.69
Aa1/AA+
AA+

2.74 2.52
3137H5YC5 FHMS K-748 A2 2.26 01/25/2029 2,000,000.00 07/03/2024

4.74%
1,801,718.75
1,881,782.22

95.13 4.18%
1,902,618.00
3,766.67

0.92%
20,835.78
Aa1/AA+
AAA

2.74 2.52
3137FKZZ2 FHMS K-088 A2 3.69 01/25/2029 2,550,000.00 07/17/2024

4.50%
2,465,830.08
2,499,415.12

98.71 4.14%
2,517,064.20
7,841.25

1.22%
17,649.08
Aaa/AA+
AA+

2.74 2.48
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

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

4.25%
2,431,738.28
2,450,834.46

98.13 4.17%
2,453,145.00
7,302.08

1.19%
2,310.54
Aa1/AAA
AA+

2.90 2.60
3137FMCR1 FHMS K-093 A2 2.982 05/25/2029 1,962,481.38 09/19/2024

3.82%
1,893,334.58
1,917,371.32

96.68 4.18%
1,897,413.35
4,876.77

0.92%
(19,957.97)
Aa1/AA+
AAA

3.07 2.69
3137FNAE0 FHMS K-095 A2 2.785 06/25/2029 2,200,000.00 07/17/2024

4.47%
2,039,382.82
2,098,248.70

95.94 4.18%
2,110,666.80
5,105.83

1.02%
12,418.10
Aa1/AA+
AAA

3.15 2.85
3137FPHK4 FHMS K-098 A2 2.425 08/25/2029 1,600,000.00 09/03/2024

4.00%
1,488,375.00
1,525,915.92

94.63 4.20%
1,514,060.80
3,233.33

0.73%
(11,855.12)
Aa1/AA+
AAA

3.32 3.03
3137FPJG1 FHMS K-099 A2 2.595 09/25/2029 1,500,000.00 06/05/2025

4.21%
1,407,011.72
1,426,585.03

95.01 4.20%
1,425,133.50
3,243.75

0.69%
(1,451.53)
Aa1/AA+
AAA

3.41 3.10
3137FRUT6 FHMS K-106 A2 2.069 01/25/2030 2,000,000.00 06/06/2025

4.37%
1,810,078.13
1,847,035.90

92.62 4.22%
1,852,470.00
3,448.33

0.90%
5,434.10
Aa1/AA+
AAA

3.74 3.49
3137FTZQ3 FHMS K-110 A2 1.477 04/25/2030 1,500,000.00 09/03/2025

3.96%
1,348,652.34
1,370,000.90

90.33 4.23%
1,354,975.50
1,846.25

0.66%
(15,025.40)
Aa1/AA+
AAA

3.99 3.64
3137FWG79 FHMS K-115 A2 1.383 06/25/2030 2,000,000.00 12/10/2025

3.99%
1,787,343.75
1,805,228.28

89.27 4.25%
1,785,468.00
2,305.00

0.86%
(19,760.28)
Aa1/AA+
AAA

4.15 3.90
3137FXZ35 FHMS K-127 A2 2.108 01/25/2031 1,000,000.00 02/03/2026

4.11%
910,937.50
915,116.97

90.79 4.28%
907,923.00
1,756.67

0.44%
(7,193.97)
Aa1/AA+
AAA

4.74 4.37
23,150,252.66 95.50 23,546,730.03 11.40% 3.16
Total Agency CMBS 24,684,483.04 4.24% 23,526,699.53 4.18% 56,064.86 20,030.50 2.88 CASH
992995944 WC MMF SWEEP 53,092.69 --

1.80%
53,092.69
53,092.69

1.00 1.80%
53,092.69

0.00 0.03%

0.00 NA/NA
NA

0.00 0.00
CCYUSD Receivable 6,446.25 -- 6,446.25
6,446.25

1.00 6,446.25

0.00 0.00%

0.00 Aaa/AAA
AAA

0.00 0.00
59,538.94 1.00 59,538.94 0.03% 0.00
Total Cash 59,538.94 1.80% 59,538.94 1.80% 0.00 0.00 0.00

CORPORATE
808513BY0 CHARLES SCHWAB CORP 2.45
03/03/2027 960,000.00 03/01/20222.46%
959,729.90
959,950.54

98.66 4.09%
947,150.40
3,789.33

0.46%
(12,800.14)
A2/AA0.84

0.82 27
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
084664CZ2 BERKSHIRE HATHAWAY FINANCE
CORP 2.3 03/15/2027 1,615,000.00 03/07/20222.30%
1,614,693.15
1,614,946.56

98.55 4.01%
1,591,551.82
4,746.31

0.77%
(23,394.75)
Aa2/AA
A+

0.87 0.85
79466LAQ7 SALESFORCE INC 4.5 03/15/2028 1,355,000.00 03/12/2026

4.37%
1,358,284.45
1,358,055.84
100.09

4.44%
1,356,272.35
8,130.00

0.66%
(1,783.50)
A2/A+
NA

1.88 1.69
61690U8E3 MORGAN STANLEY BANK NA

4.968 07/14/2028 1,950,000.00 07/17/20244.97%
1,950,000.00
1,950,000.00
100.59

4.51%
1,961,506.95
28,793.70

0.95%
11,506.95
Aa3/A+
AA2.211.14
69371RU20 PACCAR FINANCIAL CORP 4.0
11/07/2028 1,865,000.00 11/05/20254.02%
1,863,955.60
1,864,122.36

99.59 4.17%
1,857,413.18
36,056.67

0.90%
(6,709.18)
A1/A+
NA

2.52 2.32
58989V2M5 MET TOWER GLOBAL FUNDING

4.0 01/14/2029 1,310,000.00 01/07/20264.05%
1,308,310.10
1,308,475.08

98.85 4.46%
1,294,902.25
15,574.44

0.63%
(13,572.83)
Aa3/AAAA2.71

2.50 74340XBL4 PROLOGIS LP 4.375 02/01/2029 1,500,000.00 07/18/2024

4.68%
1,481,235.00
1,488,602.92
100.16

4.31%
1,502,389.50
16,406.25

0.73%
13,786.58
A2/A
NA

2.76 2.32
78016HZV5 ROYAL BANK OF CANADA 4.95
02/01/2029 2,000,000.00 10/31/20244.69%
2,019,920.00
2,012,916.57
101.73

4.27%
2,034,608.00
24,750.00

0.98%
21,691.43
A1/A
AA2.762.52
743315AV5 PROGRESSIVE CORP 4.0
03/01/2029 1,500,000.00 07/16/20244.72%
1,455,495.00
1,472,711.69

99.46 4.20%
1,491,850.50
10,000.00

0.72%
19,138.81
A2/A
A

2.84 2.63
64952WFG3 NEW YORK LIFE GLOBAL FUNDING

5.0 06/06/2029 1,000,000.00 07/01/20245.12%
994,880.00
996,780.09
101.82

4.36%
1,018,224.00
20,138.89

0.49%
21,443.91
Aa1/AA+
AAA

3.10 2.79
437076BY7 HOME DEPOT INC 2.95
06/15/2029 1,663,000.00 09/17/20243.93%
1,593,203.89
1,616,993.44

96.24 4.25%
1,600,506.12
18,533.21

0.77%
(16,487.31)
A2/A
A

3.13 2.91
437076DC3 HOME DEPOT INC 4.75
06/25/2029 1,000,000.00 07/01/20244.93%
992,260.00
995,102.40
101.55

4.22%
1,015,484.00
16,625.00

0.49%
20,381.60
A2/A
A

3.15 2.79
756109CB8 REALTY INCOME CORP 4.0
07/15/2029 1,463,000.00 08/08/20244.69%
1,419,212.41
1,434,529.56

98.77 4.42%
1,444,955.36
17,230.89

0.70%
10,425.80
A3/ANA3.21

2.94 713448FX1 PEPSICO INC 4.5 07/17/2029 1,500,000.00 07/15/2024

4.53%
1,497,675.00
1,498,506.45
100.86

4.21%
1,512,825.00
19,500.00

0.73%
14,318.55
A1/A+
NA

3.21 2.86
46647PAV8 JPMORGAN CHASE & CO 4.203
07/23/2029 1,500,000.00 09/17/20244.27%
1,496,610.00
1,498,034.57

99.38 4.71%
1,490,661.00
17,162.25

0.72%
(7,373.57)
A1/A
AA3.232.08
06051GHM4 BANK OF AMERICA CORP 4.271
07/23/2029 1,500,000.00 09/17/20244.29%
1,498,710.00
1,499,252.09

99.53 4.72%
1,492,899.00
17,439.92

0.72%
(6,353.09)
A1/AAA3.23

2.08 30303M8S4 META PLATFORMS INC 4.3
08/15/2029 912,000.00 08/12/20244.33%
910,584.09
911,067.95
100.13

4.25%
913,215.70
8,278.93

0.44%
2,147.75
Aa3/AANA3.29

2.94 171239AL0 CHUBB INA HOLDINGS LLC 4.65
08/15/2029 1,750,000.00 --4.44%
1,765,746.34
1,760,521.61
100.90

4.35%
1,765,792.00
17,179.17

0.85%
5,270.39
A2/A
A

3.29 2.92
28 81
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84 of 1253

HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91324PDS8 UNITEDHEALTH GROUP INC 2.875
08/15/2029 2,000,000.00 09/17/20243.94%
1,906,080.00
1,937,002.32

95.71 4.29%
1,914,154.00
12,138.89

0.93%
(22,848.32)
A2/A+
A

3.29 3.07
02665WFQ9 AMERICAN HONDA FINANCE
CORP 4.4 09/05/2029 1,750,000.00 10/02/20244.29%
1,758,102.50
1,755,511.32

99.13 4.68%
1,734,811.75
11,977.78

0.84%
(20,699.57)
A3/BBB+
A3.353.05
40139LBJ1 GUARDIAN LIFE GLOBAL FUNDING

4.179 09/26/2029 1,205,000.00 09/23/20244.18%
1,205,000.00
1,205,000.00

99.12 4.46%
1,194,398.41
4,895.81

0.58%
(10,601.59)
Aa1/AA+
NA

3.41 3.12
61748UAK8 MORGAN STANLEY 4.133
10/18/2029 1,470,000.00 10/17/20254.25%
1,470,184.60
1,470,152.31

98.97 4.58%
1,454,811.96
2,193.93

0.70%
(15,340.35)
A1/AA+3.47

2.31 38141GD27 GOLDMAN SACHS GROUP INC

4.153 10/21/2029 1,025,000.00 10/14/20254.37%
1,025,000.00
1,025,000.00

98.95 4.58%
1,014,281.58
1,182.45

0.49%
(10,718.43)
A2/BBB+
A

3.48 2.32
14913UAU4 CATERPILLAR FINANCIAL SERVICES
CORP 4.7 11/15/2029 1,200,000.00 11/14/20244.74%
1,198,092.00
1,198,647.89
101.36

4.28%
1,216,348.80
26,006.67

0.59%
17,700.91
A1/A
A+

3.54 3.17
64952WFK4 NEW YORK LIFE GLOBAL FUNDING

4.6 12/05/2029 1,365,000.00 12/02/20244.61%
1,364,221.95
1,364,440.11
100.60

4.42%
1,373,194.10
25,464.83

0.66%
8,753.98
Aa1/AA+
AAA

3.60 3.22
89236TNA9 TOYOTA MOTOR CREDIT CORP

4.95 01/09/2030 1,445,000.00 01/06/20255.00%
1,441,907.70
1,442,715.49
101.77

4.42%
1,470,588.06
22,253.00

0.71%
27,872.57
A1/A+
A+

3.70 3.30
63743HFX5

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

4.88%
1,002,873.61
1,002,156.41
101.74

4.44%
1,017,449.00
11,550.00

0.49%
15,292.59
A2/NA
A

3.77 3.30
571748CA8 MARSH & MCLENNAN
COMPANIES INC 4.65 03/15/2030 1,400,000.00 03/11/20254.69% 1,397,340.00
1,397,937.92
100.50

4.51%
1,407,056.00
8,318.33

0.68%
9,118.08
A3/AA3.87

3.42 57629TBX4 MASSMUTUAL GLOBAL FUNDING
II 4.55 05/07/2030 1,000,000.00 05/01/20254.58%
998,670.00
998,931.48

99.69 4.64%
996,867.00
21,991.67

0.48%
(2,064.48)
Aa3/AA+
AA+

4.02 3.55
66815L2W8 NORTHWESTERNMUTUAL
GLOBAL FUNDING 4.6 06/03/2030 1,000,000.00 06/12/20254.51% 1,004,040.00
1,003,323.66
100.21

4.54%
1,002,147.00
18,911.11

0.49%
(1,176.66)
Aa1/AA+
AAA

4.09 3.62
828807DK0 SIMON PROPERTY GROUP LP 2.65
07/15/2030 2,000,000.00 08/19/20254.32%
1,853,380.00
1,874,185.30

93.00 4.49%
1,859,990.00
15,605.56

0.90%
(14,195.30)
A3/A
NA

4.21 3.88
40139LBN2 GUARDIAN LIFE GLOBAL FUNDING

4.327 10/06/2030 1,500,000.00 09/30/20254.33%
1,500,000.00
1,500,000.00

99.06 4.56%
1,485,889.50
4,507.29

0.72%
(14,110.50)
Aa1/AA+
NA

4.44 3.97
24422EYF0 JOHN DEERE CAPITAL CORP 4.375
10/15/2030 1,000,000.00 11/04/20254.22%
1,006,920.00
1,006,241.42

99.84 4.41%
998,429.00
1,944.44

0.48%
(7,812.42)
A1/A
A+

4.46 4.00
141781CF9 CARGILL INC 4.125 10/23/2030 1,100,000.00 10/20/2025

4.14%
1,099,171.70
1,099,257.89

98.47 4.51%
1,083,129.30
1,008.33

0.52%
(16,128.59)
A2/A
NA

4.48 4.04
29 82
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
30303MAB8 META PLATFORMS INC 4.2
11/15/2030 1,500,000.00 11/13/20254.16%
1,502,895.00
1,502,628.59

98.83 4.49%
1,482,468.00
31,150.00

0.72%
(20,160.59)
Aa3/AANA4.54

4.00 74153WCZ0 PRICOA GLOBAL FUNDING I 4.35
11/25/2030 1,750,000.00 12/08/20254.36%
1,749,440.00
1,749,484.19

98.93 4.61%
1,731,283.75
32,987.50

0.84%
(18,200.44)
Aa3/NA
AA4.574.02
89236TPH2 TOYOTA MOTOR CREDIT CORP 4.2
01/10/2031 1,080,000.00 01/07/20264.21%
1,079,665.20
1,079,685.21

98.85 4.47%
1,067,612.40
13,734.00

0.52%
(12,072.81)
A1/A+
A+

4.70 4.16
66815L2Z1 NORTHWESTERNMUTUAL
GLOBAL FUNDING 4.3 01/13/2031 1,020,000.00 01/06/20264.30% 1,019,908.20
1,019,913.63

98.77 4.59%
1,007,481.54
13,158.00

0.49%
(12,432.09)
Aa1/AA+
AAA

4.71 4.15
6944PL3M9 PACIFIC LIFE GLOBAL FUNDING II

4.375 02/03/2031 1,000,000.00 01/29/20264.34%
1,001,380.00
1,001,314.25

99.16 4.57%
991,606.00
10,694.44

0.48%
(9,708.25)
Aa3/AAAA4.76

4.20 92826CAZ5 VISA INC 4.1 02/12/2031 1,345,000.00 02/03/2026

4.13%
1,343,197.70
1,343,274.69

99.72 4.16%
1,341,208.45
12,101.26

0.65%
(2,066.24)
Aa3/AANA4.79

4.26 02079KBK2 ALPHABET INC 4.1 02/15/2031 1,500,000.00 02/12/2026

4.10%
1,500,087.78
1,500,084.00

98.83 4.37%
1,482,399.00
13,325.00

0.72%
(17,685.00)
Aa2/AA+
NA

4.80 4.26
24422EYL7 JOHN DEERE CAPITAL CORP 4.2
03/10/2031 1,060,000.00 03/05/20264.20%
1,059,766.80
1,059,773.44

98.97 4.44%
1,049,063.98
6,307.00

0.51%
(10,709.46)
A1/A
A+

4.86 4.32
Total Corporate 58,058,000.00 4.32%
57,667,829.67
57,777,231.23

99.36 4.41%
57,668,875.68
623,742.27

27.91%
(108,355.55)

3.45 2.99

MONEY MARKET
FUND
VP4520004 WF ADV 100% TREAS MM FD-SVC
CL #008 3,520,444.56 --3.20%
3,520,444.56
3,520,444.56

1.00 3.20%
3,520,444.56

0.00 1.70%

0.00 Aaa/AAAm
NA

0.00 0.00
Total Money Market
Fund 3,520,444.56 3.20%
3,520,444.56
3,520,444.56

1.00 3.20%
3,520,444.56

0.00 1.70%

0.00 0.00

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

4.38%
1,749,169.80
1,746,296.95
101.31

4.06%
1,762,797.48
19,575.00

0.85%
16,500.53
Aa2/AAAA3.25

2.97 Total Municipal
Bonds 1,740,000.00 4.38%
1,749,169.80
1,746,296.95
101.31

4.06%
1,762,797.48
19,575.00

0.85%
16,500.53

3.25 2.97

SUPRANATIONAL
30 83
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
459058LN1

INTERNATIONAL BANK FOR

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

4.25%
1,721,510.00
1,729,631.58

99.69 3.97%
1,744,524.25
2,817.50

0.84%
14,892.67
Aaa/AAA
NA

3.46 3.20
459058LR2

INTERNATIONAL BANK FOR

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

4.20%
1,694,220.00
1,695,508.31
100.48

3.99%
1,708,127.70
7,986.46

0.83%
12,619.39
Aaa/AAA
NA

3.89 3.54
Total Supranational 3,450,000.00 4.23%
3,415,730.00
3,425,139.90
100.08

3.98%
3,452,651.95
10,803.96

1.67%
27,512.05

3.67 3.37

US TREASURY
912797UB1 UNITED STATES TREASURY
06/23/2026 2,000,000.00 02/25/20263.68%
1,976,657.85
1,989,426.21

99.47 3.70%
1,989,300.00

0.00 0.96%
(126.21)
P-1/A-1+
F1+

0.15 0.14
91282CCZ2 UNITED STATES TREASURY 0.875
09/30/2026 1,400,000.00 10/18/20211.19%
1,379,054.68
1,398,238.14

98.84 3.71%
1,383,768.40
1,037.57

0.67%
(14,469.74)
Aa1/AA+
AA+

0.42 0.41
91282CDG3 UNITED STATES TREASURY 1.125
10/31/2026 1,400,000.00 11/15/20211.25%
1,391,468.75
1,399,136.97

98.71 3.76%
1,381,980.60

42.80 0.67%
(17,156.37)
Aa1/AA+
AA+

0.50 0.49
91282CJP7 UNITED STATES TREASURY 4.375
12/15/2026 2,500,000.00 12/28/20234.01%
2,525,097.66
2,505,288.60
100.41

3.70%
2,510,265.00
41,165.87

1.22%
4,976.40
Aa1/AA+
AA+

0.63 0.60
91282CKJ9 UNITED STATES TREASURY 4.5
04/15/2027 2,300,000.00 04/17/20244.77%
2,283,109.38
2,294,601.81
100.68

3.76%
2,315,722.80
4,524.59

1.12%
21,120.99
Aa1/AA+
AA+

0.96 0.93
91282CKR1 UNITED STATES TREASURY 4.5
05/15/2027 3,200,000.00 05/08/20244.65%
3,186,500.00
3,195,327.40
100.70

3.80%
3,222,550.40
66,430.94

1.56%
27,223.00
Aa1/AA+
AA+

1.04 0.99
91282CEW7 UNITED STATES TREASURY 3.25
06/30/2027 3,250,000.00 --3.18%
3,260,312.50
3,252,339.03

99.36 3.81%
3,229,180.50
35,305.59

1.56%
(23,158.53)
Aa1/AA+
AA+

1.17 1.12
91282CFB2 UNITED STATES TREASURY 2.75
07/31/2027 400,000.00 08/22/20223.12%
393,218.75
398,284.94

98.68 3.84%
394,718.80
2,734.81

0.19%
(3,566.14)
Aa1/AA+
AA+

1.25 1.21
91282CFH9 UNITED STATES TREASURY 3.125
08/31/2027 4,500,000.00 --3.28%
4,468,902.34
4,491,662.02

99.06 3.85%
4,457,637.00
23,692.26

2.16%
(34,025.02)
Aa1/AA+
AA+

1.34 1.28
91282CFM8 UNITED STATES TREASURY 4.125
09/30/2027 3,450,000.00 --4.31%
3,421,152.34
3,441,699.24
100.35

3.87%
3,461,995.65
12,053.79

1.68%
20,296.41
Aa1/AA+
AA+

1.42 1.36
91282CFZ9 UNITED STATES TREASURY 3.875
11/30/2027 850,000.00 12/05/20223.81%
852,656.25
850,843.58

99.99 3.88%
849,900.55
13,754.12

0.41%
(943.03)
Aa1/AA+
AA+

1.59 1.50
91282CGC9 UNITED STATES TREASURY 3.875
12/31/2027 2,750,000.00 --3.67%
2,775,107.42
2,758,504.15

99.98 3.89%
2,749,356.50
35,618.96

1.33%
(9,147.65)
Aa1/AA+
AA+

1.67 1.58
31 84
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87 of 1253

HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CGH8 UNITED STATES TREASURY 3.5
01/31/2028 3,000,000.00 02/07/20233.81%
2,957,929.69
2,985,189.77

99.35 3.89%
2,980,431.00
26,104.97

1.44%
(4,758.77)
Aa1/AA+
AA+

1.76 1.67
91282CGP0 UNITED STATES TREASURY 4.0
02/29/2028 3,700,000.00 --4.01%
3,699,113.28
3,699,723.88
100.20

3.88%
3,707,370.40
24,934.78

1.79%
7,646.52
Aa1/AA+
AA+

1.84 1.74
91282CNY3 UNITED STATES TREASURY 3.375
09/15/2028 5,000,000.00 10/28/20253.50%
4,982,812.50
4,985,818.68

98.81 3.90%
4,940,625.00
21,552.31

2.39%
(45,193.68)
Aa1/AA+
AA+

2.38 2.25
91282CQA2 UNITED STATES TREASURY 3.5
02/15/2029 4,000,000.00 04/27/20263.81%
3,966,718.75
3,966,816.25

98.92 3.91%
3,956,876.00
29,005.52

1.92%
(9,940.25)
Aa1/AA+
AA+

2.80 2.61
91282CKG5 UNITED STATES TREASURY 4.125
03/31/2029 2,300,000.00 04/17/20244.62%
2,249,867.19
2,270,469.33
100.57

3.92%
2,313,027.20
8,035.86

1.12%
42,557.87
Aa1/AA+
AA+

2.92 2.72
91282CKX8 UNITED STATES TREASURY 4.25
06/30/2029 2,000,000.00 07/01/20244.41%
1,985,546.88
1,990,840.02
100.95

3.93%
2,018,984.00
28,411.60

0.98%
28,143.98
Aa1/AA+
AA+

3.17 2.90
91282CLK5 UNITED STATES TREASURY 3.625
08/31/2029 3,500,000.00 09/11/20243.45%
3,527,480.47
3,518,461.78

99.01 3.94%
3,465,409.50
21,375.68

1.68%
(53,052.28)
Aa1/AA+
AA+

3.34 3.09
91282CLN9 UNITED STATES TREASURY 3.5
09/30/2029 5,000,000.00 --3.83%
4,925,039.06
4,948,414.75

98.59 3.95%
4,929,295.00
14,822.40

2.39%
(19,119.75)
Aa1/AA+
AA+

3.42 3.18
91282CLR0 UNITED STATES TREASURY 4.125
10/31/2029 3,000,000.00 10/31/20244.17%
2,993,789.06
2,995,647.24
100.55

3.95%
3,016,524.00
336.28

1.46%
20,876.76
Aa1/AA+
AA+

3.50 3.23
91282CMD0 UNITED STATES TREASURY 4.375
12/31/2029 4,400,000.00 --4.53%
4,369,171.88
4,377,185.24
101.40

3.96%
4,461,701.20
64,343.92

2.16%
84,515.96
Aa1/AA+
AA+

3.67 3.32
91282CMG3 UNITED STATES TREASURY 4.25
01/31/2030 4,000,000.00 02/07/20254.34%
3,983,906.25
3,987,849.93
100.97

3.97%
4,038,908.00
42,265.19

1.95%
51,058.07
Aa1/AA+
AA+

3.76 3.41
91282CGQ8 UNITED STATES TREASURY 4.0
02/28/2030 4,500,000.00 --4.01%
4,496,958.99
4,497,611.49
100.11

3.97%
4,504,747.50
30,326.09

2.18%
7,136.01
Aa1/AA+
AA+

3.83 3.50
91282CNK3 UNITED STATES TREASURY 3.875
06/30/2030 5,000,000.00 --3.78%
5,020,507.81
5,018,763.24

99.57 3.99%
4,978,515.00
64,761.74

2.41%
(40,248.24)
Aa1/AA+
AA+

4.17 3.76
91282CHR5 UNITED STATES TREASURY 4.0
07/31/2030 5,000,000.00 10/23/20253.59%
5,089,062.50
5,079,394.03
100.01

4.00%
5,000,390.00
49,723.76

2.42%
(79,004.03)
Aa1/AA+
AA+

4.25 3.84
91282CNX5 UNITED STATES TREASURY 3.625
08/31/2030 5,000,000.00 --3.66%
4,991,425.79
4,992,590.55

98.50 4.01%
4,924,805.00
30,536.68

2.38%
(67,785.55)
Aa1/AA+
AA+

4.34 3.94
91282CPA3 UNITED STATES TREASURY 3.625
09/30/2030 5,000,000.00 --3.59%
5,008,789.06
5,007,860.40

98.48 4.00%
4,924,220.00
15,351.78

2.38%
(83,640.40)
Aa1/AA+
AA+

4.42 4.02
91282CPN5 UNITED STATES TREASURY 3.5
11/30/2030 1,750,000.00 12/15/20253.73%
1,731,816.41
1,733,182.69

97.89 4.01%
1,713,085.50
25,576.92

0.83%
(20,097.19)
Aa1/AA+
AA+

4.59 4.12
32 85
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of April 30, 2026 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total US Treasury 94,150,000.00 3.81%
93,893,173.49
94,031,171.36

99.66 3.91%
93,821,290.50
733,826.78

45.41%
(209,880.86)

2.76 2.54
Total Portfolio 208,316,853.15 4.09%
206,138,921.01
206,755,516.70

97.51 4.08%
206,601,959.65
1,613,512.03
100.00%
(153,557.05)

2.93 2.53
Total Market Value +
Accrued 208,215,471.68
33 86
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TRANSACTIONS
34 87
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TRANSACTION LEDGER
City of Cupertino | Account #10659|02/01/2026 Through 04/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 02/06/2026 3137FXZ35 1,000,000.00 FHMS K-127 A2 2.108 01/25/2031 91.094 4.11% (910,937.50) (292.78) (911,230.28) 0.00 Purchase 02/12/2026 92826CAZ5 1,345,000.00 VISA INC 4.1 02/12/2031 99.866 4.13% (1,343,197.70) 0.00 (1,343,197.70) 0.00 Purchase 02/17/2026 02079KBK2 612,000.00 ALPHABET INC 4.1 02/15/2031 99.951 4.11% (611,697.06) (278.80) (611,975.86) 0.00 Purchase 02/17/2026 02079KBK2 888,000.00 ALPHABET INC 4.1 02/15/2031 100.044 4.09% (888,390.72) (404.53) (888,795.25) 0.00 Purchase 02/26/2026 912797UB1 2,000,000.00 UNITED STATES TREASURY 06/23/2026 98.833 3.68% (1,976,657.85) 0.00 (1,976,657.85) 0.00 Purchase 03/10/2026 24422EYL7 1,060,000.00 JOHN DEERE CAPITAL CORP 4.2 03/10/2031 99.978 4.20% (1,059,766.80) 0.00 (1,059,766.80) 0.00 Purchase 03/13/2026 79466LAQ7 680,000.00 SALESFORCE INC 4.5 03/15/2028 100.214 4.38% (681,455.20) 0.00 (681,455.20) 0.00 Purchase 03/13/2026 79466LAQ7 675,000.00 SALESFORCE INC 4.5 03/15/2028 100.271 4.35% (676,829.25) 0.00 (676,829.25) 0.00 Purchase 04/21/2026 89240QAD7 760,000.00 TAOT 2026-B A3 4.13 12/16/2030 99.979 4.27% (759,839.72) 0.00 (759,839.72) 0.00 Purchase 04/28/2026 91282CQA2 4,000,000.00

UNITED STATES
TREASURY 3.5
02/15/2029

99.168 3.81% (3,966,718.75) (27,845.30) (3,994,564.05) 0.00 Total Purchase 13,020,000.00 (12,875,490.55) (28,821.41) (12,904,311.96) 0.00 TOTAL
ACQUISITIONS 13,020,000.00 (12,875,490.55) (28,821.41) (12,904,311.96) 0.00

DISPOSITIONS
Maturity 04/20/2026 4581X0DV7 (2,460,000.00)

INTER-AMERICAN

DEVELOPMENT BANK

0.875 04/20/2026
100.000 0.97% 2,460,000.00 0.00 2,460,000.00 0.00
Maturity 04/30/2026 91282CBW0 (2,500,000.00)

UNITED STATES
TREASURY 0.75
04/30/2026
100.000 0.80% 2,500,000.00 0.00 2,500,000.00 0.00
Total Maturity (4,960,000.00) 4,960,000.00 0.00 4,960,000.00 0.00 35 88
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TRANSACTION LEDGER
City of Cupertino | Account #10659|02/01/2026 Through 04/30/2026| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss Sale 02/06/2026 3137FBBX3 (1,000,000.00) FHMS K-068 A2 3.244 08/25/2027 99.094 4.36% 990,937.50 450.56 991,388.06 6,076.89 Sale 02/26/2026 24422EXZ7 (1,430,000.00) JOHN DEERE CAPITAL CORP 4.65 01/07/2028 101.742 4.66% 1,454,910.60 9,050.71 1,463,961.31 25,177.50 Sale 04/17/2026 931142ER0 (350,000.00) WALMART INC 1.05 09/17/2026 98.797 1.09% 345,789.50 306.25 346,095.75 (4,155.07) Sale 04/17/2026 57636QAW4 (945,000.00) MASTERCARD INC

4.875 03/09/2028 101.604 4.90% 960,157.80 4,862.81 965,020.61 15,504.99 Total Sale (3,725,000.00) 3,751,795.40 14,670.33 3,766,465.73 42,604.31 TOTAL
DISPOSITIONS (8,685,000.00) 8,711,795.40 14,670.33 8,726,465.73 42,604.31 36 89
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IMPORTANT DISCLOSURES
2026 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

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

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

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

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

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

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

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

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest.

LGIP Yields: Reported yields for local government investment pools may be presented as either the 30-day yield or the monthly distribution yield, as applicable. For certain funds, the 30-day yield is calculated using reported daily yield data. Yield calculations are subject to change and may not be directly comparable across funds.

LAIF Yields: Additional Disclosure for CA Clients - As a result of a reporting lag from the Local Agency Investment Fund (LAIF), reported LAIF yieldsrepresent the most recently available Daily Effective Yield and may reflect data from approximately 7–10 days prior to month-end. 37 90
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BENCHMARK DISCLOSURES
Benchmark Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. 38 91
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CITY OF CUPERTINO
Agenda Item
25-14447 Agenda Date: 6/2/2026
Agenda #: 10.

Subject: Receive the Monthly Treasurer's Report for April 2026 Receive the Monthly Treasurer's Report for April 2026
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ADMINISTRATIVE SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
1 CITY COUNCIL STAFF REPORT
Date: June 2, 2026
Subject
Receive the Monthly Treasurerʹs Report for April 2026
Recommended Action
Receive the Monthly Treasurerʹs Report for April 2026
Reasons for Recommendation
Background
California Government Code Section 41004 states:

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

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

The Cityʹs Municipal Code Section 2.24.030 Monthly Reports states:

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

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

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

Under cash basis accounting, revenues are recorded when payment is received, and expenses are recorded when payment is made. This method of accounting recognizes transactions only when cash changes hands. In contrast, accrual basis accounting 93 CC 06-02-2026 Searchable Packet
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2 recognizes revenues when they are earned (but not necessarily received) and expenses when they are incurred (but not necessarily paid). This method of accounting recognizes transactions as they occur, regardless of whether cash has been exchanged.

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

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

Treasurerʹs Report
The report provides an update on the Cityʹs cash and fund balances for April 2026. The report is as of May 21, 2026.

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

Receipts, Disbursements, and Cash Balance
The Cityʹs General Fund ending cash and investment balance was $208.4 million, increasing by $5.6 million from the prior month. Receipts were $11.2 million, disbursements were $(8.1) million, and journal adjustments were $2.5 million for the month.

The Cityʹs total ending cash and investment balance was $321.8 million, increasing by $5.6 million from the prior month. Receipts were $11.7 million, disbursements were $(9.4) million, and journal adjustments were $3.2 million for the month.

Journal adjustments included the following:
 Parks and Recreation transactions imported from Active Network into New World
 Worker’s Compensation journals
 Investment Earnings
 Bank Reconciliation
 PEG funds transfers for I&T
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3 Fund Balance/Net Position
The Cityʹs General Fund ending fund balance was $146.4 million, increasing by $6.2 million from the prior month due to revenues of $12.1 million and expenditures of $5.9 million.

The Cityʹs total ending fund balance was $244.3 million, increasing by $6.0 million from the prior month due to revenues of $13.3 million and expenditures of $7.3 million.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program Item/Description
None.

Council Goal
Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: __________________
Jonathan Orozco
Acting Director of Administrative Services and City Treasurer Approved for Submission by: __________________
Tina Kapoor
City Manager
Attachments:

A – Report of City‐wide Receipts, Disbursements, and Cash Balances April 2026 B – Report of City‐wide Fund Balances/Net Position April 2026 95 CC 06-02-2026 Searchable Packet
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April 2026 Report of City‐wide Receipts, Disbursements, and Cash Balances Cash and Investments (Unaudited)
Beginning Balance** Ending Balance
Fund Type Fund Number/Name as of March 31, 2026 Receipts Disbursements Journal Adjustments as of April 30, 2026 General Fund 100 General Fund 202,803,762 11,208,187 (8,052,689) 2,485,902 208,445,162 General Fund 130 Investment Fund 0 ‐ ‐ 452,481 452,481Special Revenue Funds 210 Storm Drain Improvement 152,442 ‐ ‐ 386 152,828 Special Revenue Funds 215 Storm Drain AB1600 2,356,211 8,662 ‐ 5,965 2,370,838Special Revenue Funds 230 Env Mgmt Cln Crk Strm Drain 775,732 351 (77,466) 1,964 700,580 Special Revenue Funds 260 CDBG 713,617 21,806 (5,046) 2,390 732,766Special Revenue Funds 261 HCD Loan Rehab 230,372 ‐ ‐ ‐ 230,372 Special Revenue Funds 265 BMR Housing 4,878,241 ‐ (108,603) 12,350 4,781,988 Special Revenue Funds 270 Transportation Fund 15,978,553 253,033 (278,363) 40,453 15,993,676Special Revenue Funds 271 Traffic Impact 944,727 6,797 ‐ 2,392 953,916 Special Revenue Funds 280 Park Dedication 21,348,469 30,000 ‐ 54,048 21,432,517 Special Revenue Funds 281 Tree Fund 80,113 1,592 ‐ 203 81,908 Debt Service Funds 365 Public Facilities Corp 2,436,800 ‐ ‐ ‐ 2,436,800 Capital Project Funds 420 Capital Improvement Fund 36,307,806 ‐ (76,006) ‐ 36,231,799 Capital Project Funds 427 Stevens Creek Corridor Park 157,338 ‐ ‐ ‐ 157,338 Capital Project Funds 429 Capital Reserve*                                          ‐ 7,142,250                                ‐                                  ‐ 7,142,250 Enterprise Funds 520 Resource Recovery 4,964,198 154,645 (88,309) 12,568 5,043,102Enterprise Funds 560 Blackberry Farm                                             ‐ 845,850 (66,180) 62,753 842,423 Enterprise Funds 570 Sports Center 1,468,889 ‐ (81,336) 81,547 1,469,100 Enterprise Funds 580 Recreation Program 3,222,488 885 (109,500) 148,147 3,262,020Internal Service Funds 610 Innovation & Technology 3,317,203 10,375 (203,694) (122,702) 3,001,183Internal Service Funds 620 Workersʹ Compensation 4,094,813 ‐ (5,685) (3,802) 4,085,326 Internal Service Funds 630 Vehicle/Equip Replacement 1,313,203 ‐ (57,073) 3,325 1,259,454Internal Service Funds 641 Compensated Absence/LTD 100,447 ‐ 295 254 100,996 Internal Service Funds 642 Retiree Medical 563,513 ‐ (163,253) 1,427 401,686 Total $ 316,197,037 $ 11,696,333 $ (9,372,909) $ 3,242,050 $ 321,762,511 * For reporting purposes, this fund rolls up/combines with Fund 420**The beginning balance has been updated to reflect additional transactions postings made since last report.Printed May 21, 2026For more information on funds, please see cupertino.org/fund‐structure 96 CC 06-02-2026 Searchable Packet
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April 2026 Report of City‐wide Fund Balances/Net Position (Unaudited)
Beginning Fund Balance Ending Fund Balance
Fund Type Fund Number/Name as of March 31, 2026 Revenues Expenditures as of April 30, 2026 General Fund 100 General Fund 140,125,841 12,099,021 5,852,661 146,372,201 General Fund 130 Investment Fund (1,221,254) 452,481 ‐ (768,773) Special Revenue Funds 210 Storm Drain Improvement 2,124,277 386 ‐ 2,124,663 Special Revenue Funds 215 Storm Drain AB1600 1,898,972 14,627 ‐ 1,913,599 Special Revenue Funds 230 Env Mgmt Cln Crk Strm Drain 1,013,160 1,964 94,623 920,501 Special Revenue Funds 260 CDBG 1,872,293 23,101 6,667 1,888,727 Special Revenue Funds 261 HCD Loan Rehab 222,016 ‐ ‐ 222,016 Special Revenue Funds 265 BMR Housing 9,582,079 12,350 110,629 9,483,800 Special Revenue Funds 270 Transportation Fund 10,566,561 293,486 309,512 10,550,535 Special Revenue Funds 271 Traffic Impact 783,991 9,189 ‐ 793,180 Special Revenue Funds 280 Park Dedication 18,860,620 84,048 ‐ 18,944,668 Special Revenue Funds 281 Tree Fund 79,442 1,795 ‐ 81,237 Debt Service Funds 365 Public Facilities Corp 1,750 ‐ ‐ 1,750Capital Project Funds 420 Capital Improvement Fund 20,598,480 ‐ 76,006 20,522,473 Capital Project Funds 427 Stevens Creek Corridor Park 157,343 ‐ ‐ 157,343 Capital Project Funds 429 Capital Reserve* 13,744,638 ‐ ‐ 13,744,638 Enterprise Funds 520 Resource Recovery 4,811,534 167,213 108,037 4,870,709 Enterprise Funds 560 Blackberry Farm 718,209 62,877 72,161 708,925 Enterprise Funds 570 Sports Center 1,747,055 88,201 93,313 1,741,944 Enterprise Funds 580 Recreation Program 2,922,400 136,433 121,011 2,937,822 Internal Service Funds 610 Innovation & Technology 2,523,460 (122,027) 233,047 2,168,386 Internal Service Funds 620 Workersʹ Compensation 2,290,365 10,269 20,790 2,279,844 Internal Service Funds 630 Vehicle/Equip Replacement 2,686,635 3,325 67,904 2,622,056Internal Service Funds 641 Compensated Absence/LTD 392,439 9,303 8,754 392,988 Internal Service Funds 642 Retiree Medical (163,456) 1,427 163,253 (325,282) Total $ 238,338,852 $ 13,349,469 $ 7,338,368 $ 244,349,952 * For reporting purposes, this fund rolls up/combines with Fund 420 Printed May 21, 2026For more information on funds, please see cupertino.org/fund‐structure 97 CC 06-02-2026 Searchable Packet
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CITY OF CUPERTINO
Agenda Item
26-15005 Agenda Date: 6/2/2026
Agenda #: 11.

Subject: Memorandum of Agreement Among Coalition Partners for the Resilient Facilities Coalition for the City of Cupertino to participate with other partner agencies for the purpose of pursuing grant funds to support installation of various improvements in public buildings within their jurisdictions to enhance resiliency and reduce greenhouse gas emissions.

Adopt Resolution No. 26-065 authorizing the City Manager to sign the Resilient Facilities Coalition Memorandum of Agreement and any amendments on behalf of the City of Cupertino, as a partner with other partner agencies, for the purpose of pursuing grant funds to support installation of various improvements in public buildings within their jurisdictions to enhance resiliency and reduce greenhouse gas emissions.

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PUBLIC WORKS DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3354
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: June 2, 2026
Subject
Memorandum of Agreement Among Coalition Partners for the Resilient Facilities Coalition for the City of Cupertino to participate with other partner agencies for the purpose of pursuing grant funds to support installation of various improvements in public buildings within their jurisdictions to enhance resiliency and reduce greenhouse gas emissions.

Recommended Action
Adopt Resolution No. 26-XXXX authorizing the City Manager to sign the Resilient Facilities Coalition Memorandum of Agreement and any amendments on behalf of the City of Cupertino, as a partner with other partner agencies, for the purpose of pursuing grant funds to support installation of various improvements in public buildings within their jurisdictions to enhance resiliency and reduce greenhouse gas emissions.

Background
Jurisdictions across Santa Clara County have facilities that serve as resiliency centers to provide services and shelter to the public in times of extreme weather, poor air quality, or other events that result in a need for shelter. Many of these facilities need repair and upgrades to better meet those needs. There are also opportunities to transition those facilities to electrified heating and cooling, battery backup systems, and installation of more efficient equipment to reduce greenhouse gas emissions by transitioning away from equipment fueled by natural gas. In 2024 jurisdictions and agencies joined together to form the Public Facility Resiliency Implementation Project (approved by Cupertino City Council in June 2024), establishing a coalition Memorandum of Agreement for the purpose of applying for a federal grant that would have provided funding for public facility upgrades. That grant was not secured, but the group continued working together and now desires to form a new coalition to continue to pursue grant funding.

Reasons for Recommendation and Available Options
While the federal grant landscape has shifted since 2024, grants funded by Proposition 4 in California (the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024) continue to support climate resilience, environmental protection, water, wildfire prevention, nature-based solutions, and related community benefits. Grant funding from other sources may also become available. Collaborative, multi-jurisdictional coalitions 99 CC 06-02-2026 Searchable Packet
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improve competitiveness for state grant funding and support coordinated regional strategies that advance greenhouse gas reduction, climate adaptation, and equitable community outcomes. Additionally, partnering with other agencies reduces the burden of the grant application and management process. In order to be positioned well for consideration of award, staff recommends joining the Resilient Facility Coalition by executing the Memorandum of Agreement (Attachment A). The draft resolution authorizes the City Manager to execute the agreement on behalf of the City (Attachment B).

The Memorandum of Agreement allows each participating agency to choose whether or not to participate in any particular grant application, does not require any financial contribution to be part of the coalition, and allows other jurisdictions, agencies, and community groups to join.

Should Council choose not to authorize execution of the agreement on behalf of the City, the City may not be able to participate in grant-related opportunities available through the coalition membership. The City would still have the option to join the coalition at a later date.

Any grant applications that Cupertino decides to be part of would be conducted in adherence to the City’s Grant Policy, including Council approval when needed.

Sustainability Impact
The proposed grant activities support the City’s Climate Action Plan building electrification goals, reducing greenhouse gas emissions through eliminating the use of natural gas.

Additionally, combustion of natural gas has negative air quality impacts, so enhanced public health and safety is a co-benefit.

Fiscal Impact
No fiscal impact.

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

Environmental Sustainability and Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft MOA – Resilient Facility Coalition
B – Draft Resolution
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MEMORANDUM OF AGREEMENT

AMONG COALITION PARTNERS FOR THE

RESILIENT FACILITIES COALITION
This Memorandum of Agreement (“MOA”) is between the undersigned public agencies, nonprofit organizations, and non-governmental organizations (collectively, the “Parties”) to form the Resilient Facilities Coalition (“RFC” or the “Coalition”), and is entered into on the date it is fully executed by the Parties (“Effective Date”).

RECITALS
A. The impacts of climate change have contributed to a warming climate and power outages, which call for improvements at public facilities to make them more resilient and energy independent to best serve our communities during power outages, severe weather events, and states of emergency;
B. The Parties have adopted Climate Action Plans or applicable stated climate change mitigation goals – such as the Cities of Cupertino, Morgan Hill, and Mountain View’s Climate Action Plans, San José’s Climate Smart San José, Pathway to Carbon Neutrality, and Climate Adaptation and Resiliency Plan, and Sunnyvale’s Climate Action Playbook – and/or have interest in conducting activities consistent with such goals; C. The Parties have worked collaboratively to identify and plan for the installation of various improvements in public buildings within their jurisdictions to enhance resiliency and reduce greenhouse gas (“GHG”) emissions;
D. The Parties previously formed a collaborative coalition known as the Public Facility Resiliency Implementation Project (“PFRIP”) to pursue federal funding and approved participation through resolutions adopted by participating agencies, which have since expired;
E. All Parties have continued to interact as a Coalition and collaborate at a regional scale; F. All Parties believe this Coalition provides strength and unity of purpose; G. The Parties desire to execute this MOA to establish a formal framework for collaboration among the Parties, to govern the use of grant funds, incentives, rebates, and other external funding sources, to implement the RFC and to set out the obligations of the Parties for the life of the RFC; and
H. This MOA establishes goals, responsibilities, and obligations of the Parties. 101
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1. PURPOSE OF THE MOA
The purpose of this MOA is to establish a formal framework for collaboration among the Parties in connection with the Resilient Facilities Coalition. The RFC supports sustainability and resiliency infrastructure in publicly owned and operated facilities throughout California.

SECTION 2. RFC FOCUS
RFC’s activities may include, but are not limited to, the planning, development, and implementation of:
• Decarbonization Retrofits, including electrified building systems such as heat pump heating, ventilation, and air conditioning (“HVAC”), heat pump water heaters, and electric commercial kitchen equipment.
• Resiliency Upgrades, including on-site renewable energy generation, solar photovoltaic systems, battery energy storage systems, and backup power infrastructure. • Electric Vehicle Charging Infrastructure for Public Fleets intended to facilitate fleet electrification, operational readiness, and regulatory compliance, including alignment with the California Advanced Clean Fleets regulations and other applicable local, state or regional requirements.
• Best-Practices and Design Guides to encourage consistency in RFC-sponsored work products and unify user experiences at public facilities on a regional scale. • Workforce Development and Capacity-Building activities related to public facilities, including training, education, and skill development for staff, contractors, and partners engaged in the planning, installation, replacement, operation, and maintenance of RFCrelated infrastructure, such as electrified building systems, energy efficiency measures, resiliency systems, and associated equipment, consistent with applicable labor, procurement, and workforce requirements.
• Shared Policy Adoption Strategies that provide a forum and/or templates for addressing administrative needs, regulations, or planning documents that may be triggered as a result of RFC activities or new challenges that may arise for mitigating climate change.
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• Projects that Contribute to the Public Body of Knowledge by documenting and sharing lessons learned, best practices, and case studies related to the planning, deployment, operation, and performance of greenhouse gas reduction and resilience technologies in public facilities, with the intent to support equitable benefits, inform future projects, and enable replication and scaling across jurisdictions and communities. • Such activities shall initially prioritize disadvantaged, vulnerable, or equity priority communities and emergency response facilities, including facilities critical to disaster preparedness, response, and recovery.

SECTION 3. PROJECT INITIATION AND COLLECTIVE FUNDING EFFORTS A. The Parties acknowledge and agree that a core purpose of the RFC is to identify, initiate, and advance projects as described in Section 2 and to collectively pursue external funding opportunities, including but not limited to grants, incentives, rebates, and other public or private funding sources, in support of RFC’s objectives.
i. Upon an affirmative agreement of the RFC to pursue a specific funding opportunity or project, to be affirmed by majority vote as specified in Section 6, participating Parties agree to cooperate in good faith and to undertake those actions reasonably necessary to support the preparation, submission, acceptance, and administration of such funding, consistent with their respective legal authorities and internal approval requirements. Such cooperation may include, as applicable, providing required documentation, certifications, data, reporting, and programmatic participation.

B. The Parties further acknowledge that certain funding opportunities may require participating Parties to provide matching funds, in-kind contributions, or other forms of cost share, and that many grants and funding programs are structured as reimbursement-based funding, under which eligible costs are incurred in advance and reimbursed upon submission and approval of required documentation. i. Any Party that agrees to participate in a funding application or awarded grant through the RFC shall be responsible for meeting any match, cost-share, or reimbursement requirements applicable to that Party, subject to the terms of the funding source and the Party’s internal approvals.
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C. Nothing in this MOA obligates any Party to participate in a particular funding opportunity unless and until the RFC has agreed to pursue such opportunity and the Party has affirmatively agreed to participate.
i. Nothing in this MOA obligates any Party to advance funds on behalf of another Party unless expressly agreed in writing.
ii. Any Party serving as a fiscal agent, lead applicant, subrecipient, or project sponsor shall be identified in a separate written agreement or funding instrument, as required.

SECTION 4. NATURE OF AGREEMENT; NON-BINDING EFFECT
This MOA reflects the Parties’ good-faith intentions to collaborate and does not create a legally binding contract, partnership, joint venture, or agency relationship. Except as expressly set forth in Section 3 Ai, B, and C with respect to agreed-upon funding efforts, no Party is obligated to expend funds, provide services, or commit resources under this MOA unless expressly agreed to in a separate, written agreement approved in accordance with that Party’s internal governance and legal requirements.

SECTION 5. ROLES AND RESPONSIBILITIES
The Parties recognize that participation in the RFC may include public agencies and nonprofit or nongovernmental organizations, each of which contributes distinct but complementary capabilities to advance its purposes. The RFC is intended to operate as a highly collaborative forum that relies on the good faith participation, cooperation, and mutual respect of its members to achieve shared objectives. The Parties acknowledge that the effectiveness of the RFC depends on voluntary engagement and commitment to transparent communication, coordination, and support among participating organizations.

A. Collaborative Nature of the RFC
Each Party agrees to:
• Designate a representative to participate in RFC-related coordination; • Participate in meetings, information sharing, and collaborative activities as reasonably feasible;
• Retain full responsibility for its own operations, personnel, and compliance with applicable laws.
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The Parties acknowledge that:

1. RFC activities are collaborative and voluntary.

2. Roles may vary by project, funding opportunity, or initiative.

3. Specific responsibilities, financial obligations, and deliverables shall be defined in separate agreements, grant documents, or project-specific contracts as appropriate.

4. This MOA does not constitute a formal legal relationship, and therefore no Party shall be deemed or authorized to act as the agent or legal representative of another Party solely by virtue of participation in the RFC.

5. Participation in the RFC does not create exclusivity, and Parties may engage in similar or related activities outside of this MOA.

B. Public Agency Participants
Public agency participants may include cities, counties, special districts, joint powers authorities, public utilities, and other governmental entities. Public agency participants may, but are not limited to:

1. Serve as lead applicants, co-applicants, or fiscal agents for funding opportunities, subject to applicable laws and internal approvals.

2. Provide access to publicly owned facilities, sites, or infrastructure for RFC-related activities and projects.

3. Participate in planning, policy development, technical coordination, and project implementation.

4. Contribute staff time, technical expertise, funding, or in-kind resources, as authorized by each agency.

5. Adopt policies, resolutions, or standards that support RFC objectives within their respective jurisdictions.

6. Enter into separate agreements as necessary to implement projects or receive grant funds.

Participation in the RFC does not obligate any public agency to commit funding, property, or other resources, except as described in Section 5.A, unless expressly authorized through separate action by that agency.

C. Nonprofit and Nongovernmental Organization Participants Nonprofit and nongovernmental organization participants may include, but are not limited to, community-based organizations, educational institutions, technical assistance 5 of 15
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providers, workforce organizations, philanthropic entities, and other mission-driven partners. These participants may, but are not limited to:

1. Provide technical assistance, community engagement, program delivery, workforce development, or subject-matter expertise.

2. Serve as co-applicants, subrecipients, contractors, or implementing partners for projects and funding opportunities.

3. Support outreach, education, and community partnership development.

4. Lead or assist with research, evaluation, documentation, and dissemination of best practices.

5. Contribute funding, in-kind resources, or programmatic services consistent with their organizational missions.

Participation does not obligate any nonprofit or nongovernmental organization to commit funding or resources, except as described in Section 5.A, unless agreed through separate written agreements.

SECTION 6. GOVERNANCE AND DECISION-MAKING
A. Governance Procedures
The RFC will operate through majority vote of the Parties present at a duly convened meeting. Meetings shall be convened with reasonable notice to the Parties. Each Party shall have one (1) vote exercised by its designated representative. The voting member shall be the listed designee for this agreement as specified in Section 16, and that designee may designate an alternate with at least 30 days prior notice to the RFC.

Except as provided below, decisions and recommendations of the RFC may be made by a majority of the Parties present at such meeting and are advisory only and shall not bind any Party without separate written approval, except as provided in Section 3 for agreedupon funding efforts.

Notwithstanding the foregoing, any decision to dissolve the RFC or terminate this MOA shall require the presence and affirmative agreement of all Parties. No vote to dissolve the RFC shall be valid unless all voting members are present and have been afforded the opportunity to participate in such decision.

The Parties may establish working groups, steering committees, or other coordination structures as appropriate.

B. Conflict Resolution
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The Parties agree to make good faith efforts to resolve any disagreements, concerns, or disputes arising from activities conducted under this MOA through informal discussion and collaboration.

If a disagreement arises, the Parties involved shall first attempt to resolve the matter through direct communication between designated representatives. If the matter cannot be resolved at the staff level, the issue may be elevated to senior leadership of the affected Parties for further discussion.

The Parties acknowledge that the RFC is intended to operate as a voluntary and collaborative forum, and nothing in this MOA creates any legally binding obligation to participate in dispute resolution processes or limits any Party’s rights or remedies under applicable law. The Parties agree to continue working cooperatively on other RFC activities during the resolution of any disagreement, to the extent reasonably practicable.

SECTION 7. FINANCIAL CONSIDERATIONS
Except as expressly provided in Section 3, this MOA does not obligate any Party to provide funding or financial support. Each Party is responsible for its own costs unless otherwise agreed in writing. Any joint funding applications or financial commitments must be documented in separate agreements or funding instruments, as required.

SECTION 8. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage, penalty, or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of breach of this MOA or the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this MOA.

No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the breach of this MOA, negligent acts or omissions or willful misconduct or intentional acts of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any 7 of 15
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work authority or jurisdiction delegated to such other Party under this MOA. The obligations set forth in this paragraph will survive the termination and expiration of this MOA.

SECTION 9. CONFIDENTIALITY AND PUBLIC RECORDS
The Parties acknowledge that certain Parties may be subject to the California Public Records Act or other open government laws. Confidential information shall be identified as such and handled in accordance with applicable law.

SECTION 10. ADDITION OF NEW PARTIES
Additional public agencies, nonprofit organizations, or non-governmental organizations may join the RFC after the Effective Date upon execution of a written joinder (see Exhibit A) to this MOA, in a form approved by the RFC. Upon execution of such joinder, each additional Party shall have the same rights, responsibilities, and voting authority under this MOA as the initial signing Parties.

The admission of additional Parties shall not alter, amend, or affect the rights, responsibilities, or relationships of the initial signing Parties, nor shall it require reexecution of this MOA by the initial signing Parties.

SECTION 11. TERM AND TERMINATION
This MOA shall become effective on the Effective Date and shall remain in effect unless terminated by an affirmative vote of a majority of the Parties as determined in accordance with the RFC’s governance procedures and specified in Section 6.

Notwithstanding the foregoing, any member of the RFC may withdraw from this MOA at any time by providing 30 days’ written notice to the RFC, and such withdrawal shall not affect the continued effectiveness of this MOA as to the remaining Parties; provided, however, that withdrawal shall not relieve a withdrawing Party of obligations it has expressly agreed to undertake in connection with an awarded grant or funding instrument. 8 of 15
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SECTION 12. GOVERNING LAW
This MOA shall be governed by and construed in accordance with the laws of the State of California. Any litigation resulting from this Agreement will be filed and resolved by the Superior Court of California for the County of Santa Clara, or a court that would regionally represent the affected Parties.

SECTION 13. ENTIRE AGREEMENT
This MOA constitutes the entire understanding of the Parties regarding the subject matter and may be amended only by written agreement of all Parties.

SECTION 14. EXECUTION IN COUNTERPARTS
This MOA may be executed in any number of counterparts and by each party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.

SECTION 15. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Parties.

SECTION 16. NOTICES
Individuals named here shall be the listed designees. Any notices provided under this MOA must be in writing and may be given either by mail or e-mail to the following addresses:

City of Cupertino
Name: Ursula Syrova
Email: [email protected]
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Address: 10300 Torre Ave. Cupertino, CA 95014
City of Mountain View
Denise Lin
Email: [email protected]
Address: 500 Castro Street. Mountain View, CA 94041
City of Morgan Hill
Name: Mario Pichardo
Email: [email protected]
Address: 17575 Peak Avenue, Morgan Hill, California, USA 95037 City of San José
Name: Carol Boland Whattam
Email: [email protected]
Address: 200 E. Santa Clara St. 6th Floor, San Jose, CA 95113 City of Sunnyvale
Name: Christina Raby
Email: [email protected]
Address: 456 W. Olive Ave. Sunnyvale, CA 94086
Prospect Silicon Valley
Name: Doug Davenport
Email: [email protected]
Address: 3031 Tisch Way, 110 Plaza West, San Jose, CA 95128 110
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IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement as of the Effective Date by their respective duly authorized representations as follows.

SIGNATURES
City of Cupertino
By: ______________________________
Name: Tina Kapoor
Title: City Manager
Email: [email protected]
Date: ____________________________
City of Cupertino, Approval as To Form
By: ______________________________
Name: Michael Woo
Title: Senior Assistant City Attorney
Email: [email protected]
Date: ____________________________
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City of Mountain View
By: ______________________________
Name: Kimbra McCarthy
Title: City Manager
Email: [email protected]
Date: ____________________________
City of Mountain View, Approval as To Form
By: ______________________________
Name: Montague Hung
Title: Assistant City Attorney
Email: [email protected]
Date: ____________________________
City of Morgan Hill
By: ______________________________
Name: Christina Turner
Title: City Manager
Email: [email protected]
Date: ____________________________
City of Morgan Hill, Approval as To Form
By: ______________________________
Name: Elisa Tolentino
Title: City Attorney
Email: [email protected]
Date: ____________________________
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City of San José
By: ______________________________
Name: Emily Lam__________________________
Title: Director of Administration, Policy, and Governmental Relations Email: [email protected]
Date: ____________________________
City of San José, Approval as To Form
By: ______________________________
Name: Arlene Silva
Title: Senior Deputy City Attorney
Email: [email protected]
Date: ____________________________
City of Sunnyvale
By: ______________________________
Name: Tim Kirby
Title: City Manager
Email: [email protected]
Date: ____________________________
City of Sunnyvale, Approval as To Form
By: ______________________________
Name: Anais Aquino
Title: Senior Assistant City Attorney
Email: [email protected]
Date: ____________________________
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Prospect Silicon Valley
By: ______________________________
Name: Doug Davenport
Title: Chief Executive Officer, Executive Director
Email: [email protected]
Date: ____________________________
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EXHIBIT A: RFC JOINDER AGREEMENT
By executing this Joinder Agreement, the undersigned entity agrees to become a Party to the Memorandum of Agreement governing the Resilient Facilities Coalition (RFC).

Entity Name:

By: ________________________________
Name: ______________________________
Title: _______________________________
Email: ______________________________
Date: _______________________________
Entity name: (________________), Approval as To Form
By: ______________________________
Name: ____________________________
Title: ____________________________
Email: ___________________________
Date: ____________________________
Entity name: (________________), Listed Designee
Individuals named here shall be the listed designees. Any notices provided under this MOA must be in writing and may be given either by mail or e-mail to the following addresses:

Name: ____________________________
Email: ___________________________
Address: ____________________________
Name: ____________________________
Email: ___________________________
Address: ____________________________
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Attachment B
RESOLUTION NO. 26-_______

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO: EXECUTE

MEMORANDUM OF AGREEMENT TO JOIN THE RESILIENT FACILITIES

COALITION (RFC), A MULTI-AGENCY COALITION FOR CLIMATE AND

COMMUNITY RESILIENCE PROJECTS ON BEHALF OF THE CITY OF

CUPERTINO
WHEREAS, the State of California has established and will administer multiple competitive grant programs pursuant to Proposition 4, the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, approved by California voters on November 5, 2024, to support climate resilience, environmental protection, water, wildfire prevention, nature-based solutions, and related community benefits; and
WHEREAS, Proposition 4 funding programs are anticipated to be implemented through state agencies and may include planning, implementation, and capital grant opportunities awarded on a competitive basis to local agencies individually or in collaboration with partner agencies and organizations; and WHEREAS, collaborative, multi-jurisdictional coalitions improve competitiveness for state grant funding and support coordinated regional strategies that advance greenhouse gas reduction, climate adaptation, and equitable community outcomes; and
WHEREAS, the Resilient Facilities Coalition (RFC) is a multi-agency coalition formed to advance climate resilience, environmental protection, and community-focused infrastructure projects through coordinated planning and implementation efforts; and
WHEREAS, the City of Cupertino has facilities that are used to provide heating, cooling, shelter, clean air, or other services to residents during extreme weather, power outages, or other events and those facilities need improvements to better serve their daily use and emergency response functions; and WHEREAS, in 2024, the City of Cupertino previously authorized participation in a coalition for climate-related grant opportunities pursuant to a Memorandum of Agreement, called the Public Facility Resiliency Implementation Project (PFRIP), which has since expired; and
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Resolution No. 26-__

WHEREAS, the City now desires to continue participating in a coalition to pursue new and upcoming funding opportunities, including grants made available under Proposition 4 or other funding sources; and WHEREAS, grant opportunities shall be pursued in alignment with the City’s Grant Policy;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager or designee to:

1. Execute the Memorandum of Agreement attached hereto as Exhibit A, and any non-substantive amendments thereto, to join the Resilient Facilities Coalition (RFC), a multi-agency coalition advancing climate resilience, environmental protection, and community-focused infrastructure projects consistent with City policies and adopted plans.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action of participating in the Resilient Facilities Coalition would have no or only a de minimis effect on the environment because the coalition itself is not an action resulting in physical change to the environment.

The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote:

Members of the City Council
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Resolution No. 26-__

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
26-15016 Agenda Date: 6/2/2026
Agenda #: 12.

Subject: A resolution calling for a consolidated General Municipal Election on November 3, 2026, to fill three City Council seats and request election services from the Santa Clara County Registrar of Voters.

Adopt Resolution No. 26-066 calling for a consolidated General Municipal Election on November 3, 2026, to fill three City Council seats and request performance of services from the Registrar of Voters of the County of Santa Clara.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/27/2026
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OFFICE OF THE CITY CLERK

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

CITY COUNCIL STAFF REPORT
Date: June 2, 2026
Subject
A resolution calling for a consolidated General Municipal Election on November 3, 2026, to fill three City Council seats and request election services from the Santa Clara County Registrar of Voters.

Recommended Action
Adopt Resolution No. 26-XXX calling for a consolidated General Municipal Election on November 3, 2026, to fill three City Council seats and request performance of services from the Registrar of Voters of the County of Santa Clara.

Background
Cupertino Municipal Code Section 2.04.005 sets Cupertino elections to take place on the first Tuesday after the first Monday in November of even-numbered years to coincide with the statewide general elections. A general statewide election has been established for Tuesday, November 3, 2026 (Elections Code (EC) § 1001). The City Council may call the municipal election to be held on Tuesday, November 3, 2026, and request the Board of Supervisors of the County of Santa Clara to consolidate the election with the General Statewide election (EC § 10400). The Board of Supervisors and the Registrar of Voters may provide election services in conducting the General Statewide election for the city (EC § 10002). A municipal election is necessary to fill three at-large City Council seats (Elections Code § 10597-10508). Councilmember and current Vice Mayor Liang-Fang Chao is not eligible to seek reelection in 2026 due to City Council term limits.

Councilmember J.R. Fruen and Councilmember Sheila Mohan are each eligible to run for one additional full term of four years.

The Draft Resolution (Attachment A) approves calling and giving notice to hold a general municipal election in the City of Cupertino on November 3, 2026 for the election of three City Council members and requests the Board of Supervisors to consolidate with the General Statewide election and render specified services to the City related to the conduct of the General Municipal Election, establishes guidelines and costs associated with candidate statements, and provides the process to resolve a tie vote. The deadline to submit the City’s resolution specifying the date of election, permitting consolidation, and requesting Registrar of Voters’ services to govern the election is July 1.
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Election services from the Santa Clara County Registrar of Voters includes the appointment of election officers, designation of voting precincts, printing and mailing of ballots, operation of voting centers, counting of ballots, canvassing of the vote, providing for the process in the event of a tie vote at the election, and other proceedings required in connection with the election.

Each qualified candidate has an option to include a Candidate Statement in the Sample Ballot and Voter Information Guide. The proposed resolution sets the maximum allowance of 200 words for the Candidate’s Statement of Qualifications and the candidate’s responsibility of payment for the cost to prepare and print the statement in advance. The estimated cost this year is $3,392.00 (Attachment C). The Elections Code provides the City Council with the option to increase on the words allowed for candidate statements from a maximum of 200 to 400 words (EC §13307(a)).

Staff is not recommending this option given that the word limit has traditionally been 200 words in Cupertino and because an increase would increase the costs for filing statements at the maximum word count.

The County has requested that each jurisdiction confirm the method to be used in the event of a tied vote. In the event of a tie where two or more persons receive an equal and the highest number of votes for an office, the Draft Resolution adopts the provision of determining the winner or winners to be resolved by lot (EC § 15651(a)). Due to the cost of conducting a special runoff election, many jurisdictions use the lot method to resolve tie votes, which is the method staff is recommending.

Reasons for Recommendation and Available Options
The nomination period for the 2026 General Municipal Election runs from Monday, July 13, 2026, through Friday, August 7, 2026, at 5:00 p.m. If an incumbent fails to file a Declaration of Candidacy before 5:00 p.m. on Friday, August 7, 2026, the period for candidates to file for office, other than incumbents, is extended to Wednesday, August 12, 2026, at 5:00 p.m. (Attachment B – 2026 Election Calendar). Based on the findings outlined above, staff recommend adopting the Draft Resolution calling for a consolidated General Municipal Election on November 3, 2026, to fill three City Council seats and request performance of services from the Registrar of Voters of the County of Santa Clara. If not adopted, the City may not meet the July 1 deadline to request election services and consolidate the election with the County through the ROV.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If the City Council adopts the Draft Resolution, the estimated cost of the 2026 Cupertino General Municipal Election for three City Council seats is $149,118 (Attachment C). These election costs are currently estimates. The County Board of Supervisors is scheduled to formally approve the official 2026–27 fee schedules at their June 2, 2026, meeting. Should the finalized fees differ significantly from these projections, staff will return to Council during a quarterly budget update to provide additional information and request a budget amendment if necessary.

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

Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Lauren Sapudar, City Clerk
Reviewed by: Kirsten Squarcia, Deputy City Manager
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution
B – 2026 Election Calendar
C – Election Cost Estimate
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RESOLUTION NO. 26-___

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2026 TO FILL THREE CITY COUNCIL SEATS,

AND REQUESTING CONSOLIDATION AND PERFORMANCE OF

SERVICES FROM THE COUNTY OF SANTA CLARA REGISTRAR OF
VOTERS
WHEREAS, the City of Cupertino has adopted Municipal Code Section

2.04.005, which states general municipal elections shall be held on the first Tuesday after the first Monday in November of even-numbered years to coincide with the statewide general elections; and
WHEREAS, pursuant to Section 1001 of the Elections Code of the State of California, there is an established General Statewide election to be held on Tuesday, November 3, 2026; and,
WHEREAS, pursuant to Part 3, Consolidation of Elections, and commencing with Section 10400 of the Elections Code of the State of California, such municipal election may be either completely or partially consolidated and held on the same day as a statewide election, upon order of this Cupertino City Council; and, WHEREAS, the City Clerk is enjoined by law to take all steps necessary for the holding of said election.

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

1. That pursuant to Section 10403 of the Elections Code of the State of California, the City Council of the City of Cupertino calls a municipal election to be held on Tuesday, November 3, 2026; and requests the Board of Supervisors of the County of Santa Clara to completely consolidate the election with the General Statewide election. The consolidated municipal election will be held, regulated, and conducted in accordance with the provisions of the law.

2. That pursuant to Sections 10597-10508 of the Elections Code of the State of California, a municipal election is necessary for purposes of filling three City Councilmember seats for the offices listed below and to be voted 123
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Resolution No. 26-___

upon at such election. These seats are now occupied by Councilmembers Liang-Fang Chao, Sheila Mohan, and J.R. Fruen.

Title of Each Office Length of Term Number of
Seats
At-Large or
District Number
City Councilmember 4-year full term 3 At Large

3. That pursuant to Section 10002 of the Elections Code of the State of California, the City of Cupertino requests the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters of the County of Santa Clara to render such services to the City as requested by the City Clerk, and shall reimburse the county for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the General Statewide election for the City. The City requests the County of Santa Clara Board of Supervisors to permit the County of Santa Clara Registrar of Voters to prepare the City’s election materials. The election services to be performed shall include the preparation, printing and mailing of official ballots and county voter information guides; the establishment of precincts, election ballots, return mail envelopes, ballot drop boxes, vote centers, election officers, and producing such publications as are required by law in connection therewith; the furnishing of ballots, envelopes, and other necessary supplies and materials for voting places; the canvassing of the returns of the election; the furnishing of the results of such canvassing to the City Clerk; and, the performance of other election services as may be requested by the City Clerk.

4. That the City Council of the City of Cupertino requests the Board of Supervisors of the County of Santa Clara to hold and conduct the municipal election in the manner prescribed in Section 10418 of the Elections Code of the State of California, and to further provide that the Registrar of Voters canvass the returns of the municipal election. The County of Santa Clara is hereby authorized to certify the returns of the municipal election.

5. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted upon in the City of Cupertino on November 3, 2026, may prepare a candidate’s statement on an appropriate form provided by the City Clerk, as the City’s election 124
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Resolution No. 26-___

official, or her designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. The candidate shall be required to pay for the cost of printing, translating, and distributing said candidate’s statement. Each candidate who files such a statement shall be required to pay in advance his or her pro rata share of the estimated costs of printing, handling, and mailing said candidate statement, and such estimated costs shall be determined by the Registrar of Voters.

6. That pursuant to Section 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote (two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara Registrar of Voter, the City Council of the City of Cupertino, in accordance with Section 15651(a), any tie vote shall be resolved by and winner determined by lot.

7. In all particulars not recited in this resolution, the municipal election shall be held and conducted as provided by law for holding municipal elections.

8. The City Clerk is authorized and directed to certify to the adoption of this resolution and to transmit a copy hereof so certified to the Registrar of Voters and to the Board of Supervisors of Santa Clara County.

9. The City Clerk is authorized and directed to publish a notice of election within the time and in the manner prescribed in the Elections Code of the State of California Division 12, Chapter 2, commencing with Section 12101.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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Resolution No. 26-___

ABSTAIN:

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Lauren Sapudar, City Clerk
________________________
Date
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EEEEto
E- 90 to 0 Wednesday, August 5, 2026 to Tuesday, November 3, 2026 EAMENDED APRIL 9, 2026
This calendar may not contain all candidate or district filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. 4 Arguments and Rebuttal Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines. 125 Wednesday, July 1, 2026

RESOLUTIONS TO BE SUBMITTED TO THE ROV
Date for jurisdictions (except school districts) to submit resolutions calling for a candidate election to meet timeline for a full nomination period. The ROV encourages jurisdictions to provide a resolution as early as possible. (EC 10509) 113 Monday, July 13, 2026

NOMINATION PERIOD OPENS
First day candidates may pick up nomination documents at the office of the Registrar of Voters. (EC 8020, 8302 (independent nominations), 10220 (municipal), 10510 (district); Educ. Code 5300 (school district))
1 NOMINATION PERIOD CLOSES
Deadline to file for all offices, in the Office of the Registrar of Voters only, all required nomination documents. (EC 8020, 8302 (independent nominations), 10220 (municipal), 10510 (district); Educ. Code 5300 (school district); EC 13307 (candidates statements for all candidates))

LAST DAY FOR RUNOFF CANDIDATES TO SUBMIT

A NEW CANDIDATE STATEMENT
Last day for runoff candidates for a voter-nominated or nonpartisan office, to submit a new candidate statement to appear in the November general election County Voter Information Guide (CVIG). (EC 13307(a)(2))
1 LAST DAY FOR MEASURE RESOLUTIONS AND TAX RATE STATEMENTS

TO BE SUBMITTED TO THE ROV
Last day for jurisdictions to submit a resolution calling for a measure election, and if applicable, tax rate statements. The ROV encourages jurisdictions to provide a resolution as early as possible. (EC 9401 (tax rate statement),10403 (resolution))

LAST DAY FOR PROPONENTS TO WITHDRAW AN INITIATIVE
Last day for proponents to withdraw an initiative that qualified for the ballot. (EC 9118.5 (county), 9215.5 (municipal), 9311 (district); Educ. Code 5300 (school district))
88 ABBREVIATED

GENERAL ELECTION CALENDAR
November 3, 2026
County of Santa Clara Registrar of Voters
Friday, August 7, 2026
2 The period covered by any submitted statement begins on the day after the last day of the reporting period covered by the last statement filed, OR January 1st, if no previous statement has been filed. 3 Date falls on a weekend or public holiday; This date or deadline has been moved forward to the next business day. 1 Refer to California Elections Code §§ 9190 (county elections), 9295 (municipal elections), 9380 (district elections), 9509 (school district elections), and 13313 (other nonpartisan elected offices) for details of public examination periods and California Elections Code § 13314 for writ of mandate procedures.

Activity Periods
and Due Date(s) ACTIVITIES / DOCUMENTS
# of Days
Prior to or
Following
Election

CONTRIBUTION / INDEPENDENT EXPENDITURES STATEMENTS RULES

BEGIN TO APPLY
Sums of $1,000 or more to/from a single source must be reported within 24-hours.

The Independent Expenditure statement is required only for committees (not candidate controlled) that make independent expenditures totaling $1,000 or more to support or oppose a single ballot measure or a single candidate. (Gov. Code 85309 (24 hours); 85204 (defining "election cycle" as E-90 timeframe)) E- 95 Friday, July 31, 2026
2 F.P.P.C. SEMI-ANNUAL STATEMENT DUE
Deadline for semi-annual financial disclosure report Form 460 covering the reporting period noted below or the day after the closing date of the last statement filed. (Gov.

Code 84200 (deadline); 81005 (weekend deadline))
Reporting Period: January 1, 2026 June 30, 2026
In preparation of your election, cost estimates can be requested by filling out a District Election Cost Estimate Request Form, and returning to the Fiscal Division at [email protected].

Please keep in mind that cost estimates may take up to 6-weeks to be returned.

Please be aware that when requesting cost estimates or calling for an election the ROV is not responsible for determining if a jurisdiction can hold an election as we cannot give legal advice; consequently, jurisdictions are encouraged to seek advice through their legal counsel.

District Election Cost Estimate Request Form
123 Friday, July 3, 2026

RESOLUTIONS TO BE SUBMITTED TO THE ROV
(SCHOOL DISTRICTS ONLY)
Date for school districts to submit resolutions calling for a candidate election to meet timeline for a full nomination period. The ROV encourages jurisdictions to provide a resolution as early as possible. (Educ. Code 5322)
98 Tuesday, July 28, 2026

LAST DAY FOR RUNOFF CANDIDATES TO

CHANGE BALLOT DESIGNATION
Last day for runoff candidates for a voter-nominated or nonpartisan office, to submit in writting a change to the ballot designation that will appear under your name. (EC 13107(h))
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This calendar may not contain all candidate or district filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. 4 Arguments and Rebuttal Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines.

ABBREVIATED

GENERAL ELECTION CALENDAR
November 3, 2026
County of Santa Clara Registrar of Voters
2 The period covered by any submitted statement begins on the day after the last day of the reporting period covered by the last statement filed, OR January 1st, if no previous statement has been filed. 3 Date falls on a weekend or public holiday; This date or deadline has been moved forward to the next business day. 1 Refer to California Elections Code §§ 9190 (county elections), 9295 (municipal elections), 9380 (district elections), 9509 (school district elections), and 13313 (other nonpartisan elected offices) for details of public examination periods and California Elections Code § 13314 for writ of mandate procedures.

Activity Periods
and Due Date(s) ACTIVITIES / DOCUMENTS
# of Days
Prior to or
Following
Election
In preparation of your election, cost estimates can be requested by filling out a District Election Cost Estimate Request Form, and returning to the Fiscal Division at [email protected].

Please keep in mind that cost estimates may take up to 6-weeks to be returned.

Please be aware that when requesting cost estimates or calling for an election the ROV is not responsible for determining if a jurisdiction can hold an election as we cannot give legal advice; consequently, jurisdictions are encouraged to seek advice through their legal counsel.

District Election Cost Estimate Request Form
E- 87 to 83 Saturday, August 8, 2026 to Wednesday, August 12, 2026 E- 87 to 78 Saturday, August 8, 2026 to Monday, August 17, 2026 EEE- 83 to 74 Wednesday, August 12, 2026 to Friday, August 21, 2026 EEE- 76 to 67 Wednesday, August 19, 2026 to Friday, August 28, 2026 EE- 57 to 14 Monday, September 7, 2026 to Tuesday, October 20, 2026 1 NOMINATION EXTENSION PERIOD
If the incumbent fails to file a Declaration of Candidacy by deadline for their office, there will be a 5-calendar-day extension during which any candidate, other than the incumbent, may file for said office. (EC 8022, 8023 (indepedent nominations), 8024 (county), 8204 (judges), 10225 (municipal), 10407, 10516 (district), 10604 (school district); Educ. Code 5300 (school district))
82 Thursday, August 13, 2026
Wednesday, August 12, 2026
84 Tuesday, August 11, 2026
1 , 4

DUE DATE FOR PRIMARY ARGUMENTS
5:00 p.m. is the deadline set by the Registrar of Voters for submitting primary arguments in favor of and against a measure. Submitted primary arguments may be withdrawn until 5:00 on this day. Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines. (EC 9162 (county), 9316 (district), 9502 (school district), 9601 (withdrawing an argument))

DUE DATE FOR LIST OF MEASURE SUPORTERS /OPPONENTS
A 5:00 p.m. deadline is set by the Registrar of Voters for submitting a list of Primary Argument Supporters/Opponents to be printed below the ballot label. (EC 9170(b) (all measures))
1 , 4

EXAMINATION PERIOD FOR ALL PRIMARY

ARGUMENTS FILED
The elections official shall make the arguments available for public examination during business hours for a period of 10-calendar days immediately following the filing deadline for submission of those documents. (EC 9190 (county), 9380 (district), 9509 (school district))
1 , 4

DUE DATE FOR REBUTTAL ARGUMENTS

AND IMPARTIAL ANALYSES
5:00 pm is the deadline set by the Registrar of Voters for submitting rebuttal arguments to primary arguments in favor of and against a measure and impartial analyses. (EC 9167 (county rebuttals), 9317 (district rebuttals), 9504 (school district rebuttals); EC 9160, 9280, 9313, 9314, 9500 (impartial analyses)). Submitted primary arguments may be withdrawn until 5:00 on this day. (EC 9601)

WRITE-IN CANDIDACY PERIOD
Between these dates is the period for candidates to obtain and file write-in nomination documents in the Office of the Registrar of Voters. (EC 8601) 1 CANDIDATE STATEMENT EXAMINATION PERIOD
The elections official shall make a copy of the material referred to in Section 13307 of the Elections Code available for public examination during business hours for a period of 10-calendar days immediately following the filing deadline for submission of those documents. (EC 13313)

LAST DAY TO AMEND OR WITHDRAW A MEASURE
Deadline for jurisdictions to amend or withdraw a measure from the ballot. The measure must be amended or withdrawn by resolution. (EC 9605) 83 RANDOMIZED ALPHABET DRAWING
This day the Secretary of State (SOS) and the Office of the Registrar of Voters will conduct a drawing of letters of the alphabet to determine the order in which candidates appear on the ballot. (EC 13111, 13112, 13113) 77 Tuesday, August 18, 2026
67 Friday, August 28, 2026
1 , 4

EXAMINATION PERIOD FOR ALL REBUTTALS

AND IMPARTIAL ANALYSES FILED
The elections official shall make the rebuttal arguments and Impartial Analyses available for public examination during business hours for a period of 10-calendar days immediately following the filing deadline for submission of those documents. (EC 9190 (county), 9380 (district), 9509 (school district)) 1 ,4FINAL PRINTING DEADLINE
Any petition for writ of mandate, including any appeals, should be resolved by this date so the Registrar of Voters can meet necessary printing deadlines. 2 128
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This calendar may not contain all candidate or district filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. 4 Arguments and Rebuttal Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines.

ABBREVIATED

GENERAL ELECTION CALENDAR
November 3, 2026
County of Santa Clara Registrar of Voters
2 The period covered by any submitted statement begins on the day after the last day of the reporting period covered by the last statement filed, OR January 1st, if no previous statement has been filed. 3 Date falls on a weekend or public holiday; This date or deadline has been moved forward to the next business day. 1 Refer to California Elections Code §§ 9190 (county elections), 9295 (municipal elections), 9380 (district elections), 9509 (school district elections), and 13313 (other nonpartisan elected offices) for details of public examination periods and California Elections Code § 13314 for writ of mandate procedures.

Activity Periods
and Due Date(s) ACTIVITIES / DOCUMENTS
# of Days
Prior to or
Following
Election
In preparation of your election, cost estimates can be requested by filling out a District Election Cost Estimate Request Form, and returning to the Fiscal Division at [email protected].

Please keep in mind that cost estimates may take up to 6-weeks to be returned.

Please be aware that when requesting cost estimates or calling for an election the ROV is not responsible for determining if a jurisdiction can hold an election as we cannot give legal advice; consequently, jurisdictions are encouraged to seek advice through their legal counsel.

District Election Cost Estimate Request Form
Eto
E- 40 to 21 Thursday, September 24, 2026 to Tuesday, October 13, 2026 EE- 29 to 1 Monday, October 5, 2026 to Monday, November 2, 2026 Eto
EE29 Monday, October 5, 2026
15 Monday, October 19, 2026
July 1, 2026 September 19, 2026
Reporting Period: September 20, 2026 October 17, 2026

LAST DAY TO REQUEST VOTE-BY-MAIL REPLACEMENT

BALLOT TO BE MAILED
Deadline at 5:00 p.m. to submit a request for a Vote-by-Mail replacement ballot to be mailed to voter. (EC 3015)

LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION
Deadline to register to be eligible to vote in this election with a regular ballot. (EC 2102)

EARLY VOTING PERIOD AT THE ROV OFFICE
Early voting is available at the Registrar of Voters office for individuals wishing to drop off ballots or vote in person during normal business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., beginning 29 days prior the election. (EC 3000.5(a), 3001)
Reporting Period:
2 F.P.P.C. 2 nd PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report Form 460 covering the reporting period noted below or the day after the closing date of the last statement filed. (Gov. Code 84200.8)
VOTE CENTERS OPEN 10 DAYS BEFORE

AND INCLUDING ELECTION DAY
Vote Centers are open 11 days prior to the election, and to all registered voters in Santa Clara County, and to all registered voters in jurisdictions holding special elections. Any voter can go to any Vote Center location throughout the County.

Hours may vary by location and locations may vary with each election – please see listing on our website at https://vote.santaclaracounty.gov/home or click link below. (EC 4005)

MAILING OF VOTE-BY-MAIL PACKETS
Last day to begin mailing vote-by-mail ballots.
(EC 3001 (all elections), 4005 (for all-mail elections)) ROV TO MAIL COUNTY VOTER INFORMATION GUIDES (CVIGs) TO ALL

ACTIVE REGISTERED VOTERS
(E-21 is the last day to mail CVIGs) (EC 13303)
7 Tuesday, October 27, 2026
2 F.P.P.C. 1 st PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report Form 460 covering the reporting period noted below or the day after the closing date of the last statement filed. (Gov. Code 84200.8)
45 Saturday, September 19, 2026

LAST DAY TO MAIL BALLOTS TO MILITARY

AND OVERSEAS VOTERS
(42 U.S.C. 20302(a)(8) (federal elections); EC 3102, 3105 (all elections)) E- 40 Thursday, September 24, 2026
12 Thursday, October 22, 2026
to Tuesday, November 3, 2026
Official Ballot Drop Box and Vote Center Sites Information (The ROV website will update for each election.)
E- 10 to 0 Saturday, October 24, 2026
to Tuesday, November 3, 2026

CONDITIONAL VOTER REGISTRATION
Conditional Voter Registration is open for a full 14 days prior to the election and must be done in person at the Registrar of Voters office or at any Vote Center. (EC 2170) Vote Centers are open 11 days prior to the election, and to all registered voters in Santa Clara County, and to all registered voters in jurisdictions holding special elections. (EC 4005) Any voter can go to any Vote Center location throughout the County. Hours may vary by location and locations may vary with each election – please see listing on our website at
https://vote.santaclaracounty.gov/home or click link below.

Official Ballot Drop Box and Vote Center Sites Information (The ROV website will be updated for each election.)
E- 14 to 0 Tuesday, October 20, 2026
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This calendar may not contain all candidate or district filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. 4 Arguments and Rebuttal Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines.

ABBREVIATED

GENERAL ELECTION CALENDAR
November 3, 2026
County of Santa Clara Registrar of Voters
2 The period covered by any submitted statement begins on the day after the last day of the reporting period covered by the last statement filed, OR January 1st, if no previous statement has been filed. 3 Date falls on a weekend or public holiday; This date or deadline has been moved forward to the next business day. 1 Refer to California Elections Code §§ 9190 (county elections), 9295 (municipal elections), 9380 (district elections), 9509 (school district elections), and 13313 (other nonpartisan elected offices) for details of public examination periods and California Elections Code § 13314 for writ of mandate procedures.

Activity Periods
and Due Date(s) ACTIVITIES / DOCUMENTS
# of Days
Prior to or
Following
Election
In preparation of your election, cost estimates can be requested by filling out a District Election Cost Estimate Request Form, and returning to the Fiscal Division at [email protected].

Please keep in mind that cost estimates may take up to 6-weeks to be returned.

Please be aware that when requesting cost estimates or calling for an election the ROV is not responsible for determining if a jurisdiction can hold an election as we cannot give legal advice; consequently, jurisdictions are encouraged to seek advice through their legal counsel.

District Election Cost Estimate Request Form
E
E+
E+
E+
to
E+ 90 Monday, February 1, 2027
2 , 3
F.P.P.C. SEMI-ANNUAL STATEMENT DUE
Deadline for semi-annual financial disclosure report Form 460 covering the reporting period noted below or the day after the closing date of the last statement filed. (Gov.

Code 84200)
Date moved from E+89 to E+90 due to falling on a weekend.

Reporting Period: June 30, 2026 December 31, 2026

OFFICIAL CERTIFICATION OF RESULTS
Registrar of Voters to certify election results. (EC 15400, 15401, 15372)

ELECTION DAY
All Vote Centers and ROV office are open from 7:00 a.m. to 8:00 p.m. for dropping off ballot or voting in person. (EC 10541 (district), 14212 (all polls)) Ballots must be postmarked by this date and received within 7 days following the Election. (EC 3020)

ELECTIONS OFFICIAL DEADLINE TO NOTIFY VOTER OF UNMATCHED OR

MISSING SIGNATURE
In the case of a voter whose signature does not match or is missing, the elections official is required to notify the voter 14 calendar days after the election of an opportunity to update the voter's signature. (EC 3019(d)) 22 Wednesday, November 25, 2026
30 Thursday, December 3, 2026
0 Tuesday, November 3, 2026
14 Tuesday, November 17, 2026

SIGNATURE DEADLINE
Last day to turn in unsigned ballot or signature verification statements by 5:00 p.m. (EC 3019(d))
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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.
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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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EFFECTIVE 07/01/2024 EFFECTIVE 07/01/2026
A1 BASE CHARGES FOR JURISDICTONS

PARTICIPATING IN A PRIMARY AND

GENERAL ELECTIONS
$3.35 PER REGISTERED VOTER FOR FIRST ITEM AND $0.96

FOR EACH ADDITIONAL ITEM WITH THE SAME

REGISTRATION ON THE BALLOT, PLUS SHARE IN THE

COSTS OF LEGAL PUBLICATIONS, AND BALLOT PRINTING
$3.91 PER REGISTERED VOTER FOR FIRST ITEM AND $1.12

FOR EACH ADDITIONAL ITEM ON THE BALLOT WITH THE SAME

REGISTRATION , PLUS SHARE IN THE COSTS OF LEGAL

PUBLICATIONS, AND BALLOT PRINTING IN THE MANDATED
A2 SPECIAL ELECTIONS (ALL ELECTIONS

OTHER THAN PRIMARY AND GENERAL)

ACTUAL COSTS OF LABOR, SERVICES, SUPPLIES, AND

ELECTION MATERIALS IN THE MANDATED LANGUAGES

COMPUTED AFTER EACH ELECTION

ACTUAL COSTS OF LABOR, SERVICES, SUPPLIES, AND

ELECTION MATERIALS IN THE MANDATED LANGUAGES

COMPUTED AFTER EACH ELECTION
A3 MINIMUM CHARGES FOR JURISDICTIONS

PARTICIPATING IN A PRIMARY OR
GENERAL ELECTION WITH LESS THAN 2481

REGISTEREDVOTERS
$7,977 FOR FIRST ITEM AND $ 2,286 FOR EACH ADDITIONAL

ITEM ON BALLOT WITH THE SAME REGISTRATION, PLUS

SHARE IN COSTS OF LEGAL PUBLICATIONS AND BALLOT

PRINTING IN ALL MANDATED LANGUAGES
$9,686 FOR FIRST ITEM AND $ 2,778 FOR EACH ADDITIONAL

ITEM ON BALLOT WITH THE SAME REGISTRATION, PLUS

SHARE IN COSTS OF LEGAL PUBLICATIONS AND BALLOT

PRINTING IN ALL MANDATED LANGUAGES
A4 MINIMUM CHARGES FOR JURISDICTIONS

THAT DO NOT GO TO ELECTION
$2,406 FOR SPECIAL DISTRICT PER CONTEST $1,464 FOR
CITY PER CONTEST, AND $2,061 FOR SCHOOL DISTRICT

PER CONTEST, PLUS COSTS OF LEGAL PUBLICATIONS
$2,700 FOR SPECIAL DISTRICT PER CONTEST $1,632 FOR CITY PER CONTEST, AND $2,298 FOR SCHOOL DISTRICT PER

CONTEST, PLUS COSTS OF LEGAL PUBLICATIONS
A5.1 VOTER INFORMATION PAGES - MEASURE

TEXT PAGES
$4,821 FIXED FEE PER 400-WORD HALF PAGE, IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE

TEXT PAGES IN COUNTY VOTER INFORMATION GUIDE
(CVIG)
$5,005 FIXED FEE PER 400-WORD HALF PAGE, IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE TEXT

PAGES IN COUNTY VOTER INFORMATION GUIDE (CVIG)
A5.2 VOTER INFORMATION PAGES - MEASURE

IMPARTIAL ANALYSIS
$6,072 FIXED FEE PER 500-WORD PAGE IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE

IMPARTIAL ANALYSIS PAGE IN COUNTY VOTER

INFORMATION GUIDE (CVIG)
$6,341 FIXED FEE PER 500-WORD PAGE IN FIVE LANGUAGES,

PLUS ADDITIONAL COST OF PRINTING THE IMPARTIAL

ANALYSIS PAGE IN COUNTY VOTER INFORMATION GUIDE
(CVIG)
A5.3 VOTER INFORMATION PAGES - MEASURE

ARGUMENTS
$4,377 FIXED FEE PER 300-WORD PAGE IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE

ARGUMENT PAGES IN COUNTY VOTER INFORMATION

GUIDE (CVIG)
$4,645 FIXED FEE PER 300-WORD PAGE IN FIVE LANGUAGES,

PLUS ADDITIONAL COST OF PRINTING THE ARGUMENT PAGES

IN COUNTY VOTER INFORMATION GUIDE (CVIG)
A5.4 VOTER INFORMATION PAGES - MEASURE

REBUTTALS
$3,542 FIXED FEE PER 250-WORD PAGE IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE

REBUTTAL PAGES IN COUNTY VOTER INFORMATION GUIDE
(CVIG)
$3,894 FIXED FEE PER 250-WORD PAGE IN FIVE LANGUAGES,

PLUS ADDITIONAL COST OF PRINTING THE REBUTTAL PAGES

IN COUNTY VOTER INFORMATION GUIDE (CVIG)

REGISTRAR OF VOTERS

FEES SCHEDULE

COUNTY OF SANTA CLARA
A. ELECTION SERVICES

CURRENT ITEM

NUMBER DESCRIPTION
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EFFECTIVE 07/01/2024 EFFECTIVE 07/01/2026

REGISTRAR OF VOTERS

FEES SCHEDULE

COUNTY OF SANTA CLARA

CURRENT ITEM

NUMBER DESCRIPTION
A6.1 VOTER INFORMATION PAGES - CANDIDATE

STATEMENT - SUPERIOR COURT JUDGES
1% OF ANNUAL SALARY PER 200-WORD PAGE IN FIVE

LANGUAGES IN COUNTY VOTER INFORMATION GUIDE
(CVIG)
1% OF ANNUAL SALARY PER 200-WORD PAGE IN FIVE

LANGUAGES IN COUNTY VOTER INFORMATION GUIDE (CVIG)
A6.2 VOTER INFORMATION PAGES -
CANDIDATE STATEMENT - 400 WORDS
$4,711 FIXED FEE PER 400-WORD PAGE IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE

CANDIDATE STATEMENT IN COUNTY VOTER INFORMATION

GUIDE (CVIG)
$5,005 FIXED FEE PER 400-WORD PAGE IN FIVE LANGUAGES,

PLUS ADDITIONAL COST OF PRINTING THE CANDIDATE

STATEMENT IN COUNTY VOTER INFORMATION GUIDE (CVIG)
A6.3 VOTER INFORMATION PAGES - CANDIDATE
STATEMENT - 250 WORDS
$3,625 FIXED FEE PER 250-WORD PAGE IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE

CANDIDATE STATEMENT IN COUNTY VOTER INFORMATION

GUIDE (CVIG)
$3,926 FIXED FEE PER 250-WORD PAGE IN FIVE LANGUAGES,

PLUS ADDITIONAL COST OF PRINTING THE CANDIDATE

STATEMENT IN COUNTY VOTER INFORMATION GUIDE (CVIG)
A6.4 VOTER INFORMATION PAGES - CANDIDATE
STATEMENT - 200 WORDS
$3,100 FIXED FEE PER 200-WORD PAGE IN FIVE

LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE

CANDIDATE STATEMENT IN COUNTY VOTER INFORMATION

GUIDE (CVIG)
$3,392 FIXED FEE PER 200-WORD PAGE IN FIVE LANGUAGES,

PLUS ADDITIONAL COST OF PRINTING THE CANDIDATE

STATEMENT IN COUNTY VOTER INFORMATION GUIDE (CVIG)
A7 RESEARCH AND COMPILATION SERVICES $128 MINIMUM AND $128 PER HALF-HOUR INCREMENT $136 MINIMUM AND $136 PER HALF-HOUR INCREMENT A8 CERTIFICATION SERVICES $102 PER CERTIFICATE $116 PER CERTIFICATE B1 VOTER FILE - ELECTRONIC VERSION $152.00 $176.00
B2 OTHER MISCELLANEOUS ELECTION

INFORMATION - ELECTRONIC VERSION
$152.00 $176.00
C1 INITIAL REQUESTS ELECTRONIC VERSION $151.00 $212.00
C2 UPDATES - DAILY OR WEEKLY

ELECTRONIC VERSION
$75.00 $106.00
B. MISCELLANEOUS VOTER AND ELECTION INFORMATION
C. VOTE BY MAIL VOTER INFORMATION
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EFFECTIVE 07/01/2024 EFFECTIVE 07/01/2026

REGISTRAR OF VOTERS

FEES SCHEDULE

COUNTY OF SANTA CLARA

CURRENT ITEM

NUMBER DESCRIPTION
D1 ORIGINAL PRINTER OR PLOTTER MAPS

SET UP FEE PER DISTRICT MAP, PLUS
MATERIALS CHARGE AS FOLLOWS:
$130 SET-UP FEE $150 SET-UP FEE

PRINTING FEE
17 X 22 $20 PER PAGE $20 PER PAGE
22 X 34 $30 PER PAGE $30 PER PAGE
34 X 44 $40 PER PAGE $40 PER PAGE
40 X 60 $50 PER PAGE $50 PER PAGE
D2 DIGITAL MAPS (CUSTOM)

MAPS BY DISTRICT
$130 SET-UP FEE $150 SET-UP FEE
E1 FPPC PHOTOCOPIES $0.10 PER PAGE $0.10 PER PAGE
E2 FPPC RETRIEVAL FEE (MORE THAN FIVE

YEARS OLD) SINGLE REQUEST OF ONE OR

MORE REPORT AND STATEMENT
$5 PER REQUEST PLUS $0.10 PER COPY $5 PER REQUEST PLUS $0.10 PER COPY F1 DOCUMENT PHOTOCOPIES $0.10 PER PAGE $0.10 PER PAGE
F2 POSTAGE & HANDLING ACTUAL COSTS OF POSTAGE AND HANDLING ACTUAL COSTS OF POSTAGE AND HANDLING G1 PETITION SIGNATURE VERIFICATION ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND

INDIRECT COSTS

ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND

INDIRECT COSTS
G2 REDISTRICTING ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND

INDIRECT COSTS, PLUS COSTS OF SERVICES AND

SUPPLIES IN MAILING NOTICES TO ALL REGISTERED

VOTERS IN THE DISTRICTS

ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND

INDIRECT COSTS, PLUS COSTS OF SERVICES AND SUPPLIES

IN MAILING NOTICES TO ALL REGISTERED VOTERS IN THE

DISTRICTS
G. MISCELLANEOUS SERVICES
D. PRECINCT MAPS
E. FAIR POLITICAL PRACTICES COMMISSION (FPPC) REPORTS
F. PHOTOCOPIES, POSTAGE, AND HANDLING
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REGISTRAR OF VOTERS

FEES SCHEDULE

COUNTY OF SANTA CLARA

CURRENT ITEM

NUMBER DESCRIPTION
G3 RECOUNT ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND

INDIRECT COSTS, PLUS COSTS OF SERVICES AND

SUPPLIES CALCULATED IN ACCORDANCE WITH THE

ELECTIONS CODE

ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND

INDIRECT COSTS, PLUS COSTS OF SERVICES AND SUPPLIES

CALCULATED IN ACCORDANCE WITH THE ELECTIONS CODE
Note: If payment is paid by credit card, a processing fee charged by bank will be added to the total payment 136
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CITY OF CUPERTINO
Agenda Item
26-15113 Agenda Date: 6/2/2026
Agenda #: 13.

Subject: Reappointment of the City of Cupertino’s Bicycle Pedestrian Commission (BPC) representative, Herve Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC).

Reappoint Bicycle Pedestrian Commissioner Herve Marcy as the City of Cupertino’s representative to the VTA BPAC for the upcoming term, beginning July 1, 2026 and ending June 30, 2028.

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PUBLIC WORKS DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3354 • FAX: (408) 777-3333
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: June 2, 2026
Subject
Reappointment of the City of Cupertino’s Bicycle Pedestrian Commission (BPC) representative, Herve Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC).

Recommended Action
Reappoint Bicycle Pedestrian Commissioner Herve Marcy as the City of Cupertino’s representative to the VTA BPAC for the upcoming term, beginning July 1, 2026 and ending June 30, 2028.

Background
The VTA BPAC is a 17-member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects within Santa Clara County (County).

Committee members must live and/or work in the County during their term and cannot be staff of the VTA or a member of an agency they represent. The City has one membership position on the committee. The term of this appointment is two years.

On May 7, 2024, the City Council appointed Herve Marcy to the VTA BPAC for a two-year appointment, with a term beginning July 1, 2024 and ending June 30, 2026.

The VTA has requested that the City of Cupertino appoint a representative to the VTA BPAC for the upcoming term, beginning July 1, 2026 (Attachment A). The term of Cupertino’s current VTA BPAC representative, Herve Marcy, expires June 30. Herve is eligible for reappointment.

On May 20, 2026, the City’s BPC unanimously recommended that Herve Marcy be reappointed to the VTA BPAC for a term beginning July 1.

Sustainability Impact
There are no sustainability impacts.

Fiscal Impact
There is no fiscal impact.
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City Work Program (CWP) Item/Description:

N/A
Council Goal:

Quality of Life, Transportation
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Letter from VTA Requesting BPAC Appointment
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4/21/2026
Tina Kapoor
City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
[email protected]
Subject: Appointment to VTA BPAC for the 2026-2028 Term Dear Tina Kapoor:

This is to request that the City of Cupertino appoint its representative to VTA’s Bicycle & Pedestrian Advisory Committee (BPAC) for the two-year term.

The BPAC is a 16-member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects in the county. As a VTA Member Agency, the City of Cupertino has one voting position on this committee.

The BPAC bylaws specify that each Member Agency appoints one individual as a representative of its local bicycle advisory committee. Member Agencies that do not have such a committee may appoint an individual interested in bicycle or pedestrian issues. BPAC Members are appointed for a two-year term that ends on June 30 of even-numbered years and may be re-appointed to multiple and consecutive terms. Members must live and/or work in Santa Clara County during their term, and cannot be staff of either VTA or the Member Agency they represent. All BPAC appointments require ratification by the VTA Finance, Audit, and Administration Committee. A copy of the BPAC bylaws is attached for your convenience.

The term of the City of Cupertino’s current BPAC representative, Hervé Marcy, expires on 6/30/2026.

We request the City of Cupertino initiate the action necessary to either reappoint Hervé Marcy or appoint another representative for the two-year term that begins on July 1, 2026. As a reminder, the appointing authority may remove or replace its BPAC representative anytime during the term, subject to the replacement appointee meeting the stated eligibility requirements and ratification by the VTA Finance, Audit, and Administration Committee.

When the City of Cupertino has selected its appointee, please notify VTA in writing indicating your appointee’s name, full address and contact information. If appointing a new member, the memo should also include the appointee’s daytime telephone number, email address, and a brief 140
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Tina Kapoor
4/21/2026

biography (usually one or two paragraphs maximum that indicates their background, occupation, education, employer, how long they have lived in the area, etc.).

For expediency and surety, please scan and email the signed letter and/or mail the original to:
e-mail: [email protected]
U.S. Mail: VTA Board Secretary
3331 North First Street, Building B
San Jose, CA 95134-1906
Your assistance with this appointment will be greatly appreciated. If you have questions, please contact either Michelle Oblena, Advisory Committee Coordinator, at [email protected] or (408) 464-7874 or myself at (408) 321-7578 or (408) 464-7740.

Sincerely,
Elaine F. Baltao
VTA Board Secretary
cc: Chad Mosley, Technical Advisory Committee (TAC) Member David Stillman, TAC Alternate Member
VTA Office of the Board Secretary file
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CITY OF CUPERTINO
Agenda Item
26-14763 Agenda Date: 6/2/2026
Agenda #: 14.

Subject: Approval of Fiscal Year 2026-27 renewal of the 1992 Storm Drain Fee (with no increase) and renewal of the 2019 Clean Water and Storm Protection Fee with a 3% increase.

1. Adopt Resolution No. 26-067 (Attachment A) approving the renewal and collection of the 1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2026-27.

2. Adopt Resolution No. 26-068 (Attachment B) approving the renewal and collection of the 2019 Clean Water and Storm Protection Fee with a 3% increase in rates for FY 2026-27.

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PUBLIC WORKS DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3354
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
June 2, 2026
Subject
Approval of Fiscal Year 2026-27 renewal of the 1992 Storm Drain Fee (with no increase) and renewal of the 2019 Clean Water and Storm Protection Fee with a 3% increase.

Recommended Action

1. Adopt Resolution No. 26-XXX (Attachment A) approving the renewal and collection of the 1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2026-27.

2. Adopt Resolution No. 26-XXX (Attachment B) approving the renewal and collection of the 2019 Clean Water and Storm Protection Fee with a 3% increase in rates for FY 2026-

27. Executive Summary
The City is subject to regulations implemented locally by the California Regional Water Quality Control Board - San Francisco Bay Region (Water Board) through the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, commonly referred to as the Municipal Regional Permit (MRP.) In order to provide the services and resources necessary to meet MRP requirements, the City has established two property-based fees to help cover the costs of compliance. These two fees are the 1992 Storm Drainage Service Charge Fee (1992 Fee) that is $12 per year for a single-family home, and the 2019 Clean Water and Storm Protection Fee (2019 Fee) that is approximately $48 per year for an average singlefamily home. The fees must be renewed every year by the City Council and appear on property tax bills. The 2019 Fee can be increased by CPI up to a maximum of 3% in any single year, however the 1992 Fee has no mechanism to enable an increase. Given the need for ongoing compliance and infrastructure repair, staff recommend an increase at CPI of 3% which will generate approximately $35,555 more revenue and cost the average homeowner an additional $1.44 per year. The fees are billed via property tax bills or billed directly as necessary. 143
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Background
In 1992, the City established the 1992 Storm Drain Fee to help cover the cost of complying with stormwater pollution prevention permit requirements that were then in effect. Permit requirements continued to increase, and revenue from the 1992 fees were no longer covering costs. The 2019 Fee, a property-related fee subject to Proposition 218, was approved by Cupertino property owners in 2019 and was authorized by Council on July 17, 2019 for inclusion on the 2019-2020 Property Tax bills. The fees must be renewed every year following review by the City Council. The last renewal was brought to the City Council on June 3, 2025, with approval of the 1992 Fee at no increase and approval of the 2019 Fee at a 2.38% increase.

Given the ongoing cost of MRP compliance and the need for infrastructure repairs, staff recommend increasing the 2019 Fee for 2026-2027 by 3%. The calculated CPI increase is actually

3.04%, but the terms of the 2019 Fee ordinance limit annual increases to 3%. If the CPI increase exceeds 3% in a given year, the City may increase rates by no more than 3%; however, any CPI amount above 3% may be carried forward and applied in a future year when the CPI increase is less than 3%, subject to Council approval.

Reasons for Recommendation and Available Options
City of Cupertino’s Stormwater Pollution Prevention Program The City’s Stormwater Pollution Prevention Program (also known as the Nonpoint Source Program) is mandated by the State of California (State) and United States Environmental Protection Agency (EPA) regulations implementing the Federal Clean Water Act. Regulations by the EPA and the State require cities to take specific actions to eliminate or control pollutants in water that belongs to the State. These regulations are implemented locally by the California Regional Water Quality Control Board - San Francisco Bay Region (Water Board) through the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, commonly referred to as the Municipal Regional Permit (MRP.) Additional details of the City’s compliance activities are provided in the Engineer’s Report (Exhibit A to each of the resolutions located in Attachments A and B).

Information about the City’s stormwater pollution prevention program is also available at www.cupertino.org/cleanwater, which includes links to a variety of resources and guidance including an interactive creek map, a link to the City’s most recent annual report submitted as required to the Water Board, information for developers and contractors, and education on less toxic pest control.

Two property-based fees have been established to help cover the costs of compliance:
1992 Storm Drainage Service Charge Fee (1992 Fee)
In 1992, the City established the 1992 Fee to help cover the cost of complying with stormwater pollution prevention requirements that were then in effect. The 1992 Fee is applied to each property in the City, with exceptions for those owned by certain entities, such as properties owned by the government, utility agencies, and schools, which were exempt under the laws at the time the fee was approved. The fee is collected by the Santa Clara County Tax Collector on behalf of the City and is subject to annual review by the City Council. The Fee consisted of three rates, which were based on type of land use of each parcel as follows: 1) $12 for residential 144
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parcels; 2) $144/acre for apartments, commercial and industrial parcels; and 3) $36/acre for unimproved and recreational parcels.

The Fee has no mechanism to enable an annual increase. As such, the revenue collected from the 1992 Fee has not increased since it was established and has remained at approximately $375,000 per year. However, regulatory requirements, stormwater system maintenance expenses, wages, and permit fees have not remained static since 1992, and the cost of compliance has risen over the years. When the first MRP was approved and implemented in 2009, and again when the second permit was adopted in 2015, permit requirements increased significantly. The third reissuance of the Municipal Regional Permit (MRP 3.0) was adopted on May 11, 2022, with an effective date of July 1, 2022, and further increased requirements. In 2019, The cost of compliance significantly exceeded the revenues from the 1992 fee and was creating a draw upon the City’s General Fund by over $600,000 per year. Renewal of the 1992 Fee is recommended in FY 2026-27.
2019 Clean Water and Storm Protection Fee (2019 Fee)
The 2019 Fee, a property-related fee subject to Proposition 218, was approved by Cupertino property owners in 2019 and was authorized by Council on July 17, 2019, for inclusion on the 2019-2020 Property Tax bills. The 2019 Fee was calculated starting from the average acreage of a median single-family residential parcel and a benchmark amount of impervious surface. Details of the rate structure analysis can be found in the Fee Report attached to the 2019 Fee Ordinance (Attachment C).

The 2019 Fee may be increased annually by Council to meet expenses of the Nonpoint Source Program. The potential increase is tied to the annual change in Consumer Price Index (CPI) as of December each year, up to a maximum of 3% in any single year. The CPI change, allowable increase, and fee impact are shown in the table below.

CPI change for the
period December 2024
to December 2025
Maximum annual
increase allowed
by fee ordinance
Additional revenue
the 3% increase will
generate
Fee increase for
medium residential
parcel per year

3.04% 3% $35,555 $1.44
Current rates and the proposed increased rates for a medium sized parcel (the most common single-family parcel size) are shown in the tables below. 145
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Current Annual Rates:

Single-Family Residential *
Small (Under 0.13 acre) $ 39.58 per parcel
Medium (0.13 to 0.22 acre) $ 48.07 per parcel
Large 0.23 to 0.40 acre) $ 60.15 per parcel
Extra Large (over 0.40 acre) $ 115.15 per parcel
Condominium 1 (1 story) $ 39.58 per parcel
Condominium 2+ (2+ stories) $ 12.97 per parcel
Non-Single-Family Residential **
Multi-Family Residential $ 33.42 per 0.1 acre
Commercial / Retail / Industrial $ 43.70 per 0.1 acre
Office $ 33.42 per 0.1 acre
Church / Institutional $ 28.28 per 0.1 acre
School (w/playfield) $ 20.56 per 0.1 acre
Park $ 7.72 per 0.1 acre
Vacant (developed) $ 2.58 per 0.1 acre
Open Space / Agricultural
* Single-Family Residential category also includes du- tri- and four-plex units ** Non-SFR parcels are charge per the tenth of an acre or portion thereof *** Low Impact Development Adjustment only applies to condominium and non-singlefamily properties.

Land Use Category Fee
no charge
Low Impact Development Adjustment *** 25% Fee Reduction 146
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Annual Rates With 3% Increase:

Single-Family Residential *
Small (Under 0.13 acre) $ 40.77 per parcel
Medium (0.13 to 0.22 acre) $ 49.51 per parcel
Large 0.23 to 0.40 acre) $ 61.95 per parcel
Extra Large (over 0.40 acre) $ 118.61 per parcel
Condominium 1 (1 story) $ 40.77 per parcel
Condominium 2+ (2+ stories) $ 13.36 per parcel
Non-Single-Family Residential **
Multi-Family Residential $ 34.42 per 0.1 acre
Commercial / Retail / Industrial $ 45.01 per 0.1 acre
Office $ 34.42 per 0.1 acre
Church / Institutional $ 29.12 per 0.1 acre
School (w/playfield) $ 21.18 per 0.1 acre
Park $ 7.95 per 0.1 acre
Vacant (developed) $ 2.65 per 0.1 acre
Open Space / Agricultural
* Single-Family Residential category also includes du- tri- and four-plex units ** Non-SFR parcels are charge per the tenth of an acre or portion thereof *** Low Impact Development Adjustment only applies to condominium and non-singlefamily properties.

Land Use Category Fee
no charge
Low Impact Development Adjustment *** 25% Fee Reduction 2019 Clean Water and Storm Protection Fee Incentive Programs The City continues to offer a cost-share program for low-income residents. Eligible residents will receive a 20% reduction in their annual fee. The cost-share program is funded by the General Fund because revenues from the 2019 Fee are restricted from being used for a costshare (e.g., funding a reduced rate for other property owners). An online application form is available1 and applicants are also welcome to call 408-777-3236 or email staff for assistance at [email protected].

Fee Reduction for Commercial and Multi-family Low Impact Design Features As allowed by the 2019 Fee Ordinance, 267 commercial and multi-family properties that had already installed low-impact design (LID) elements such as bioswales, capture basins, and bioretention facilities, were assigned a 25% fee reduction, consistent with the fee schedule, after the fee was adopted. Installation of new LID features under the requirements of C.3 in the MRP (stormwater treatment measures in new development and redevelopment projects) qualifies additional properties for the same reduction. There is no change to this fee reduction for qualifying properties.
1 Cupertino.org/watercostshare
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Audit and Review of Programs
Pursuant to the 2019 Fee Ordinance, expenses and revenues are audited annually by an independent auditor. The final AUP report for calendar year 2025 is attached as Attachment D and no exceptions were noted.

Sustainability Impact
The 1992 Fee and 2019 Fee support water pollution prevention and water conservation (NPDES) activities. Significant sustainability benefits include the reduction or elimination of pollutant discharges, which could degrade local creeks and threaten the supply of clean water, as well as the capture of rainwater, which can be used as a resource. Green Stormwater Infrastructure use engineered features to mimic natural processes that allow stormwater to infiltrate the groundwater system instead of entering the storm drain system, enhancing climate change resilience.

Fiscal Impact
The combined revenues from the 1992 Fee and 2019 Fee generate approximately $375,000 and $1.15M per year respectively, received into Fund 230 Environmental Management/Clean Creek/Storm Drain. Projected expenses by the end of the fiscal year are expected to come in under the approved budget, but will exceed the revenues generated by the 1992 Fee and the 2019 Fee as shown in the table below. The proposed budget for FY 2026-27 as shown in the table reflects full staffing, adjusted staffing allocations, maintenance projects on aging infrastructure for storm protection, installation of drain inlet treatments, and the other activities that ensure compliance with the MRP.

Nonpoint Source Program Revenue and Expenses
FY 2025-26 FY 2026-27 (proposed)
Fund Balance (previous FY) $716,171 $154,109
Revenue 1992 Fee $375,675 $375,675
Revenue 2019 Fee (on tax roll) $1,086,481 $1,086,481
Revenue 2019 Fee (manually billed) $96,650 $98,693
CPI increase to 2019 Fee Included above $35,555
Total Program Funding $2,274,977 $1,750,513
Total Program Expenses
(projected/budgeted) $2,120,868 $2,029,087
Remaining Fund Balance at end of
FY (projected) $154,109 $(278,574)
In recent years, the shortfall between the APN fee revenues and the program expenses has been covered by the balance in Fund 230 330-301. As the City is projecting to exhaust the remaining fund balance by the end of FY 2025-26, the 3% increase is recommended. (See table above). 148
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City Work Program (CWP) Item/Description
None.

Council Goal:

Fiscal Strategy, Environmental Sustainability, Quality of Life California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Nicole Lee, Environmental Programs Assistant
Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution 1992 Fee
B – Draft Resolution 2019 Fee
C – Clean Water and Storm Protection Fee Ordinance with Fee Report D – Calendar Year 2025 AUP
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RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE

RENEWAL AND COLLECTION OF THE EXISTING STORM DRAIN FEE
WITH NO INCREASE IN RATES FOR FISCAL YEAR 2026-27
WHEREAS, the City Council of the City of Cupertino enacted Municipal Code Chapter 3.36 to meet the requirements of the federally mandated Stormwater Pollution Prevention and Management Program, federal regulations, and the City’s National Pollution Discharge Elimination System (NPDES) permit and establishing the authority for imposing and charging a storm drainage service charge (“storm drain fee” or “fee”); and
WHEREAS, Municipal Code Chapter 9.18 provides regulations and gives legal effect to the Municipal Regional Permit issued to the City and assures ongoing compliance with the most recent version of the City’s NPDES permit regarding the effect of urban stormwater runoff on the ability of the City’s storm drain system to comply with federal and state laws; and WHEREAS, in 1992 the City adopted a storm drain fee based on the City’s Master Storm Drain Study runoff coefficients and average area of impervious surface per acre based on the type of land use of each parcel; and WHEREAS, a written report titled “Engineer’s Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program” (“report”), concerning the method of assessing fees to fund the City’s Stormwater Management Program, was prepared by the Director of Public Works pursuant to Section 3.36.080(B) of the City’s Municipal Code and filed with the City Clerk on June 2, 2026; and
WHEREAS, notice of the proposed rates was published in a local newspaper on May 16, 2026 and May 23, 2026; and
WHEREAS, the City Council of the City of Cupertino finds and determines as follows:

1. After considering the “Engineer’s Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program,” attached hereto as Exhibit A and incorporated herein, and the testimony received at this public hearing, the City Council hereby approves the report.
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Resolution No. 26-___

2. There is a need in the City to continue collecting a storm drain fee to cover the costs of federal and state requirements, as heretofore described, in that properties within the City will not otherwise contribute a portion of costs toward this program and without the availability of such storm drain fee, the City’s general fund will further be negatively impacted in such a manner as to jeopardize other essential services.

3. The facts and evidence presented establish that there is a reasonable relationship between the need for this fee and the impacts for which this fee shall be used, and that there is a reasonable relationship between the fee’s use and the properties that are to be charged this fee. These relationships or nexus are described in more detail in the above-referenced Engineer’s Report.

4. The amounts of the fee for each category of property, as set forth below, are reasonable amounts, because the fee is based on the percent of impervious area established in the Master Plan, City of Cupertino Storm Drainage System and are below the amount needed to recover the cost of storm drainage services.

5. It is further determined that each and every parcel of land to which the fee applies will, and has received, a benefit of flood control from the storm drainage system and that the fees imposed herein on each such parcel are in conformity with, and in fact lower than, the benefits that such parcel has received as further described in the report.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby

1. Charge. The storm drain fee shall continue to be charged to each parcel within the City, unless exempt, to contribute to the costs of the City’s federal and state requirements for Nonpoint Source Control and a Stormwater Management Program.

2. Use of Revenue. The revenue derived from said fee shall be used in connection with implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code titled “Storm Drainage Service Charge” and Chapter 9.18 titled “Stormwater Pollution Prevention and Watershed Protection.”

3. Schedule of Charges.
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Resolution No. 26-___

a. Annual fees for each category of property will be assessed and collected as follows:

Residential premises $ 12.00/parcel
Apartment premises $144.00/acre
Commercial/Industrial premises $144.00/acre
Unimproved/Recreational $ 36.00/acre
b. The following public properties are exempt from, and shall not be assessed the environmental fee:

Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anza Community College District
The Fremont Union High School District
The Midpeninsula Regional Open Space District
United States of America

4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the date of its adoption.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant 152
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Resolution No. 26-___

effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action of approving the renewal and collection of the existing storm drain fee no increase would have no or only a de minimis effect on the environment because continuing to collect the 1992 fee would not have the potential for causing a significant effect on the environment. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
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EXHIBIT A

ENGINEER'S REPORT

ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES

NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees to fund the City of Cupertino's Nonpoint Source Pollution Prevention Program mandated by the Environmental Protection Agency (EPA) and the Clean Water Act. Regulations by the EPA and the State of California require cities to take specific actions to eliminate or control pollutants in waters of the State.

The term "nonpoint source pollution" represents a process whereby pollutants, debris, trash, sediment, and chemicals which accumulate on streets, in neighborhoods, at construction sites, in parking lots, and on other exposed surfaces are washed off by rainfall and carried away by stormwater runoff (via city drain inlets and pipes installed for flood control) into local creeks and the San Francisco Bay. Sources of these pollutants may include automobile exhaust and oil, pesticides, fertilizers, eroded soil, detergents, pet waste, paint, litter, and other material carried through the City's storm drainage system without treatment directly to the Bay. Many of these pollutants are hazardous to aquatic and human life.

The City of Cupertino has implemented several mandated and pro-active programs to mitigate this problem. Among other activities, these programs include an illegal storm drain discharge investigation and elimination complaint response program; scheduled proactive inspections of outdoor housekeeping practices at business sites within the City; sweeping of residential and commercial streets; installation of trash capture devices and curb drain inlet screens to prevent litter from entering the City's storm drainage system; inspection and cleaning of storm drain structures and trash capture devices; public education and engagement with teachers and students, educational activities offered at City events; and a popular, unique, and well established District-wide third-grade creek education & field trip program led by the City's naturalist at McClellan Ranch Preserve and Stevens Creek.

The San Francisco Bay Regional Water Quality Control Board (Water Board) approved the first Municipal Regional Permit (MRP) on October 14, 2009, and, on November 18, 2015, adopted the second regional permit (MRP 2.0) with additional requirements that became effective on January 1, 2016. A further 154
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update and reissuance (MRP 3.0) was adopted by the Regional Water Quality Control Board and became effective on July 1, 2022. The MRP was issued to the City of Cupertino and 75 agencies or co-permittees which discharge storm water through municipal drainage systems to local creeks and the San Francisco Bay. The City of Cupertino and 14 other co-permittees in Santa Clara County are members of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) which works collaboratively to maintain compliance with MRP 3.0. In addition to conducting local activities, City staff work closely with the other SCVURPPP jurisdictions to implement pollution prevention, source control, monitoring, and educational programs.

B. Recent Notable Activities
In FY 2019-2020, the Nonpoint Source budget was increased to accommodate a new street sweeping contract, enhanced assessment and maintenance of aging structures, and additional staff to clean and maintain the city’s storm drain system. The City’s storm drain system consists of 2173 drain inlets and 90 miles of storm drainage pipes. Of the drain inlets, 200 are fitted with full trash capture devices and 271 have curb screens. Maintenance of these assets includes twice per year cleaning of inlets and trash capture devices which protects the city from flooding while preventing stormwater pollution. In FY 25-26, an equivalent total of 4.37 full time employees are included in the Nonpoint Source program budget distributed across 23 positions with varying allocations of each person’s time. This represents a slight decrease from the previous fiscal year due to the City’s financial challenges. The year before that, the Environmental Programs Division absorbed the Sustainability Division, which triggered a reorganization resulting in shifts to funding allocations as well. In FY 23-24 one part-time staff went through an internal recruitment process to become a full-time Environmental Compliance Technician to meet the increased demands of MRP compliance and to accommodate succession planning. The part-time position was eliminated. One maintenance worker was covered at 100%, but that was shifted to 35% during the response to the financial crisis. Remaining positions are allocated at between 0.02% - 50%. Most notably, in FY 24-25 a full-time Environmental Programs Specialist was onboarded to fill the current vacancy.

C. Estimated Expenditures
The total amended budget to implement the required programs described above for FY 25-26 is shown in the table below along with a breakdown of past actuals, current actuals as of Q3, and budgeted expenses for FY 26-27:
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FY 24-25
Actuals
FY 25-26
Budgeted
FY 25-26 Q3
7/1/2025-
3/31/2026
FY 26-27
Requested
Budget
Staffing $981,721 $781,734 $415,662 $810,266
Materials $51,011 $112,193 $48,265 $66,049
Contract Services $390,312 $443,007 $301,575 $465,000
Allocations $598,995 $773,020 $488,372 $677,972
Cost Share & Rebate
Programs $24,307 $10,914 $344 $9,800
Special Projects $— $— $— $—
Outfall Repair (as
carryover)
Total Expenses $2,046,347 $2,120,868 $1,254,219 $2,029,087 Activities undertaken within the Nonpoint Source program for permit compliance:

Countywide Program
SCVURPPP Program Assessment - Regional Permit Implementation Regional Watershed Monitoring (administered by EOA, Inc.1) State NPDES2 Permit Fees
Countywide Public Education and Municipal Staff Training CA Stormwater Quality Association (CASQA) Participation County Policy Development

Operations and Maintenance
Catch Basin and Frequent Trash Capture Device Cleaning
Installation of Trash Capture and Retractable Screen Devices On-call Emergency Spill and Discharge Response
Staff and Equipment to Implement City's Mandated Litter Reduction Plan Street Sweeping
Assessment and repair of storm drain infrastructure

City Public Education Awareness
Public Outreach Materials & Events
Third-Grade Creek Education for Local Schools
Support High School Students' Watershed and Creek Education Support De Anza College and Community Environmental Education
1 EOA, Inc. is the environmental engineering and regulatory consulting firm that manages the Santa Clara Valley Urban Runoff Pollution Prevention Program for the co-permittees www.eoainc.com. 2 NPDES: National Pollutant Discharge Elimination System 156
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Community Engagement - Creek Cleanup & Watershed Monitoring Events
Staff to Conduct Public Education, Training and Outreach CA Product Stewardship Council membership (Extended Producer Responsibility)
Local Programs
Development, Administration, and Evaluation of Mandated Programs Environmental Impact and New and Redevelopment Review
Rain barrel, rain garden, and landscape conversion rebates Ordinance Revisions
Database Maintenance
Illegal Discharge Complaint Investigation and Enforcement Industrial/Commercial Discharger Inspection Program
Construction Site Inspection Program
Verification of Treatment Measure Maintenance by Private Property Owners
Low Impact Development (LID) and Green Infrastructure Management Litter Reduction Education and Enforcement
City's Participation in Multiple Countywide and Regional Programs Annual Parcel Stormwater Fee Assessment
Other Staffing Costs
Cost Allocations
D. Revenue and Assessment
Revenues generated to fund this program come from two fees assessed on parcels in Cupertino. The Storm Drain Fee was established in 1992. Revenues from that fee are inadequate to meet the expenses associated with maintaining the storm drain system in Cupertino and ensuring compliance with the MRP, so the Clean Water and Storm Protection fee was established in 2019 and first appeared on 2019-2020 property tax bills. Revenue from the two fees as assessed on the 2025-2026 tax roll and direct-billed are shown below:

FY 25-26 Assessed Fees and Number of Parcels
Number of Parcels
1992 Storm Drain Fee $375,675.12 16,643
2019 Clean Water and Storm
Protection Fee $1,183,130.58 16,626
Total Assessed $1,558,806
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1992 Storm Drain Fee
Fees are based on a factor calculated from the City's Master Storm Drain Study runoff coefficients and average area of impervious surface per acre based on type of land-use development. The factor for each category is based on a comparison to an average residential parcel assigned a factor of one. Certain parcel-owners such as schools and government entities were exempt from such fees in 1992 and as such are not assessed this fee.

The 1992 fees assessed on the 2025-2026 tax roll were applied to residential, commercial, and vacant or recreational use parcels.
2019 Clean Water and Storm Protection Fee
The Clean Water and Storm Protection Fee is imposed on properties that shed water, directly or indirectly, into the City’s storm drainage system, and is calculated to be proportionate to the amount of stormwater runoff contributed by each parcel, which is in turn proportionate to the amount of impervious surface area. The details of the methodology are described in the Fee Report as prepared by SCI Consulting Group (SCI) in February of 2019 that is attached to the Clean Water and Storm Protection fee ordinance. The calculations are informed by the City’s 2018 Storm Drain Master Plan, which includes an analysis of the percentage of impervious area for Cupertino, and rates are further calculated by parcel size and land use category. Unlike the 1992 fee, the 2019 Clean Water and Storm Protection fee is subject to treatment under prop 218 and as such all parcels are assessed the fees without exemptions for parcelowners such as schools and government entities.

The fees assessed on the 2025-2026 tax rolls were applied to parcels in fourteen categories including single-family residential parcels in four sizes, condominiums, and apartments, commercial, office, institutional, recreational, and vacant. Fees billed directly to parcel-owners that do not receive property tax bills (such as schools and government) applied to 76 parcels.

For both of the fees, in coordination with the City’s contracted consultant for this purpose, each parcel was identified, and a fee established in a separate report submitted to the County entitled Certification of Special Assessment Annual Enrollment which lists the APN and associated fee. The consultant used by the City, SCI, prepares both forms and submits them to the County in accordance with the annual deadline in early August so that the fees can appear on the property tax bills. Additionally, SCI staff are available to answer questions via a phone number provided on the tax bill.
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D. Annual Review

The 2019 Clean Water and Storm Protection Fee included annual review requirements beginning with FY 2020-2021 as described in ordinance 19-2183 (Chapter 3.38 of the Cupertino Municipal Code). Section 3.38.040 describes the review process and allows for an annual increase based on the change in CPI as of December each year, up to 3% maximum, if actual additional costs are incurred.

Expenses attributed to the Nonpoint Source Program from the previous fiscal year through to next fiscal year’s projections are shown in the table in section C above.

A full year of expenses and revenues for the Nonpoint Source Program were audited under the City’s annual external audit and reviewed by the City’s Audit Committee. An additional Agreed-Upon Procedures (AUP) audit specific to the Nonpoint Source Program was developed to further assess this program using a calendar year cycle. The AUP was performed on calendar year 2025 (Attachment D to the staff report) and no exceptions were noted. The City requests preparation of calendar year AUPs for the stormwater program in order to provide more up to date findings to the City Council for review during this annual process, which must happen prior to the normal fiscal year cycle in order to meet County tax roll deadlines.

Chad Mosley
Director of Public Works/City Engineer
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RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING 2019 CLEAN WATER AND STORM PROTECTION FEE FOR FISCAL YEAR 2026-2027
WHEREAS, on March 5, 2019, the City Council of the City of Cupertino adopted Resolution 19-022 initiating proceedings to obtain approval of the proposed 2019 Clean Water and Storm Protection Fee (“Fee”), which is a property related fee conforming to Article XIII D, Section 6 of the California Constitution, and approved the Fee Report for the Water Quality and Flood Protection Fee (“Fee Report”) which sets forth the basis and the amount of the 2019 Clean Water and Storm Protection Fee on various parcels of land in order to finance, in compliance with Article XIIID of the Constitution, the costs of the City’s Clean Water and Storm Protection Program; and
WHEREAS, on March 18, 2019, a notice of public hearing was mailed to all property owners whose property would be subject to the Fee, in accordance with California Health and Safety Code Section 5473.1; and
WHEREAS, on May 7, 2019, the City Council adopted Resolution 19-041 finding that a majority protest does not exist and ordering a mailed ballot proceeding for the proposed Fee proceeding in accordance with Article XIII of the Constitution, Section 53755.5 of the Government Code; and WHEREAS, on May 7, 2019, the City Council introduced Ordinance No. 19- 2183 establishing Chapter 3.38 of the Municipal Code to establish the Clean Water and Storm Protection Fee; and
WHEREAS, on May 17, 2019, ballots were mailed to all property owners whose property would be subject to the Fee; and
WHEREAS, on July 17, 2019, by its Resolution 19-096 the City Council adopted Ordinance No. 19-2183 establishing Chapter 3.38 of the Municipal Code, found that the Fee was approved by 51.15% of the returned ballots from property owners of the property subject to the Fee and thereby ordered that the Fee for fiscal year 2019-20 be levied at the rates specified in the Fee Report; and WHEREAS, Sections 3.38.040 through 3.38.070 of the Ordinance establishing the 2019 Clean Water and Storm Protection Fee allow the City Council 160
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Resolution No. 26-___

to review the Fee annually and apply a rate increase based on the change in the Consumer Price Index (“CPI”) up to a maximum increase of 3% in any single year, and to collect the Fee on the property tax roll in the same manner, by the same persons, and at the same time as, the general taxes; and WHEREAS, the City Council of the City of Cupertino finds and determines as follows:

1. There is a need in the City to continue collecting the Clean Water and Storm Protection Fee to cover the costs of the Clean Water and Storm Protection Program; and

2. The facts and evidence presented establish that there is a reasonable relationship between the need for this Fee and the impacts for which this Fee shall be used, and that there is a reasonable relationship between the Fee’s use and the properties, which are to be charged the Fee. These relationships or nexus are described in more detail in the above referenced Fee Report; and

3. The amounts of the Fee for each category of property, as set forth below in the Schedule of Charges, are reasonable amounts, because the amounts are based on the methodology established in the Fee Report.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby

1. Charges. The 2019 Clean Water and Storm Protection Fee shall continue to be charged to each parcel within the City to contribute to the costs of the City’s Clean Water and Storm Protection Program. The Fee charged will be increased by 3% for Fiscal Year 2026-2027.

2. Use of Revenue. The revenue derived from said Fee shall be used in connection with implementing and enforcing Chapters 3.38 of the Cupertino Municipal Code titled “Clean Water and Storm Protection Fee” and Chapter 9.18 titled “Stormwater Pollution Prevention and Watershed Protection.”

3. Schedule of Charges.
a. Annual fees for each category of property will be assessed and collected as follows:
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Resolution No. 26-___

Single-Family Residential *
Small (Under 0.13 acre) $ 40.77 per parcel
Medium (0.13 to 0.22 acre) $ 49.51 per parcel
Large 0.23 to 0.40 acre) $ 61.95 per parcel
Extra Large (over 0.40 acre) $ 118.61 per parcel
Condominium 1 (1 story) $ 40.77 per parcel
Condominium 2+ (2+ stories) $ 13.36 per parcel
Non-Single-Family Residential **
Multi-Family Residential $ 34.42 per 0.1 acre
Commercial / Retail / Industrial $ 45.01 per 0.1 acre
Office $ 34.42 per 0.1 acre
Church / Institutional $ 29.12 per 0.1 acre
School (w/playfield) $ 21.18 per 0.1 acre
Park $ 7.95 per 0.1 acre
Vacant (developed) $ 2.65 per 0.1 acre
Open Space / Agricultural
* Single-Family Residential category also includes du- tri- and four-plex units ** Non-SFR parcels are charge per the tenth of an acre or portion thereof *** Low Impact Development Adjustment only applies to condominium and non-singlefamily properties.

Land Use Category Fee
no charge
Low Impact Development Adjustment *** 25% Fee Reduction

4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the date of its adoption.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action of approving the renewal and collection of the existing 2019 clean water and storm protection fee for fiscal year 2026-2027 would 162
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Resolution No. 26-___

have no or only a de minimis effect on the environment because continuing to collect the 2019 fee would not have the potential for causing a significant effect on the environment. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
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EXHIBIT A

ENGINEER'S REPORT

ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES

NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees to fund the City of Cupertino's Nonpoint Source Pollution Prevention Program mandated by the Environmental Protection Agency (EPA) and the Clean Water Act. Regulations by the EPA and the State of California require cities to take specific actions to eliminate or control pollutants in waters of the State.

The term "nonpoint source pollution" represents a process whereby pollutants, debris, trash, sediment, and chemicals which accumulate on streets, in neighborhoods, at construction sites, in parking lots, and on other exposed surfaces are washed off by rainfall and carried away by stormwater runoff (via city drain inlets and pipes installed for flood control) into local creeks and the San Francisco Bay. Sources of these pollutants may include automobile exhaust and oil, pesticides, fertilizers, eroded soil, detergents, pet waste, paint, litter, and other material carried through the City's storm drainage system without treatment directly to the Bay. Many of these pollutants are hazardous to aquatic and human life.

The City of Cupertino has implemented several mandated and pro-active programs to mitigate this problem. Among other activities, these programs include an illegal storm drain discharge investigation and elimination complaint response program; scheduled proactive inspections of outdoor housekeeping practices at business sites within the City; sweeping of residential and commercial streets; installation of trash capture devices and curb drain inlet screens to prevent litter from entering the City's storm drainage system; inspection and cleaning of storm drain structures and trash capture devices; public education and engagement with teachers and students, educational activities offered at City events; and a popular, unique, and well established District-wide third-grade creek education & field trip program led by the City's naturalist at McClellan Ranch Preserve and Stevens Creek.

The San Francisco Bay Regional Water Quality Control Board (Water Board) approved the first Municipal Regional Permit (MRP) on October 14, 2009, and, on November 18, 2015, adopted the second regional permit (MRP 2.0) with additional requirements that became effective on January 1, 2016. A further 164
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update and reissuance (MRP 3.0) was adopted by the Regional Water Quality Control Board and became effective on July 1, 2022. The MRP was issued to the City of Cupertino and 75 agencies or co-permittees which discharge storm water through municipal drainage systems to local creeks and the San Francisco Bay. The City of Cupertino and 14 other co-permittees in Santa Clara County are members of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) which works collaboratively to maintain compliance with MRP 3.0. In addition to conducting local activities, City staff work closely with the other SCVURPPP jurisdictions to implement pollution prevention, source control, monitoring, and educational programs.

B. Recent Notable Activities
In FY 2019-2020, the Nonpoint Source budget was increased to accommodate a new street sweeping contract, enhanced assessment and maintenance of aging structures, and additional staff to clean and maintain the city’s storm drain system. The City’s storm drain system consists of 2173 drain inlets and 90 miles of storm drainage pipes. Of the drain inlets, 200 are fitted with full trash capture devices and 271 have curb screens. Maintenance of these assets includes twice per year cleaning of inlets and trash capture devices which protects the city from flooding while preventing stormwater pollution. In FY 25-26, an equivalent total of 4.37 full time employees are included in the Nonpoint Source program budget distributed across 23 positions with varying allocations of each person’s time. This represents a slight decrease from the previous fiscal year due to the City’s financial challenges. The year before that, the Environmental Programs Division absorbed the Sustainability Division, which triggered a reorganization resulting in shifts to funding allocations as well. In FY 23-24 one part-time staff went through an internal recruitment process to become a full-time Environmental Compliance Technician to meet the increased demands of MRP compliance and to accommodate succession planning. The part-time position was eliminated. One maintenance worker was covered at 100%, but that was shifted to 35% during the response to the financial crisis. Remaining positions are allocated at between 0.02% - 50%. Most notably, in FY 24-25 a full-time Environmental Programs Specialist was onboarded to fill the current vacancy.

C. Estimated Expenditures
The total amended budget to implement the required programs described above for FY 25-26 is shown in the table below along with a breakdown of past actuals, current actuals as of Q3, and budgeted expenses for FY 26-27:
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FY 24-25
Actuals
FY 25-26
Budgeted
FY 25-26 Q3
7/1/2025-
3/31/2026
FY 26-27
Requested
Budget
Staffing $981,721 $781,734 $415,662 $810,266
Materials $51,011 $112,193 $48,265 $66,049
Contract Services $390,312 $443,007 $301,575 $465,000
Allocations $598,995 $773,020 $488,372 $677,972
Cost Share & Rebate
Programs $24,307 $10,914 $344 $9,800
Special Projects $— $— $— $—
Outfall Repair (as
carryover)
Total Expenses $2,046,347 $2,120,868 $1,254,219 $2,029,087 Activities undertaken within the Nonpoint Source program for permit compliance:

Countywide Program
SCVURPPP Program Assessment - Regional Permit Implementation Regional Watershed Monitoring (administered by EOA, Inc.1) State NPDES2 Permit Fees
Countywide Public Education and Municipal Staff Training CA Stormwater Quality Association (CASQA) Participation County Policy Development

Operations and Maintenance
Catch Basin and Frequent Trash Capture Device Cleaning
Installation of Trash Capture and Retractable Screen Devices On-call Emergency Spill and Discharge Response
Staff and Equipment to Implement City's Mandated Litter Reduction Plan Street Sweeping
Assessment and repair of storm drain infrastructure

City Public Education Awareness
Public Outreach Materials & Events
Third-Grade Creek Education for Local Schools
Support High School Students' Watershed and Creek Education Support De Anza College and Community Environmental Education
1 EOA, Inc. is the environmental engineering and regulatory consulting firm that manages the Santa Clara Valley Urban Runoff Pollution Prevention Program for the co-permittees www.eoainc.com. 2 NPDES: National Pollutant Discharge Elimination System 166
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Community Engagement - Creek Cleanup & Watershed Monitoring Events
Staff to Conduct Public Education, Training and Outreach CA Product Stewardship Council membership (Extended Producer Responsibility)
Local Programs
Development, Administration, and Evaluation of Mandated Programs Environmental Impact and New and Redevelopment Review
Rain barrel, rain garden, and landscape conversion rebates Ordinance Revisions
Database Maintenance
Illegal Discharge Complaint Investigation and Enforcement Industrial/Commercial Discharger Inspection Program
Construction Site Inspection Program
Verification of Treatment Measure Maintenance by Private Property Owners
Low Impact Development (LID) and Green Infrastructure Management Litter Reduction Education and Enforcement
City's Participation in Multiple Countywide and Regional Programs Annual Parcel Stormwater Fee Assessment
Other Staffing Costs
Cost Allocations
D. Revenue and Assessment
Revenues generated to fund this program come from two fees assessed on parcels in Cupertino. The Storm Drain Fee was established in 1992. Revenues from that fee are inadequate to meet the expenses associated with maintaining the storm drain system in Cupertino and ensuring compliance with the MRP, so the Clean Water and Storm Protection fee was established in 2019 and first appeared on 2019-2020 property tax bills. Revenue from the two fees as assessed on the 2025-2026 tax roll and direct-billed are shown below:

FY 25-26 Assessed Fees and Number of Parcels
Number of Parcels
1992 Storm Drain Fee $375,675.12 16,643
2019 Clean Water and Storm
Protection Fee $1,183,130.58 16,626
Total Assessed $1,558,806
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1992 Storm Drain Fee
Fees are based on a factor calculated from the City's Master Storm Drain Study runoff coefficients and average area of impervious surface per acre based on type of land-use development. The factor for each category is based on a comparison to an average residential parcel assigned a factor of one. Certain parcel-owners such as schools and government entities were exempt from such fees in 1992 and as such are not assessed this fee.

The 1992 fees assessed on the 2025-2026 tax roll were applied to residential, commercial, and vacant or recreational use parcels.
2019 Clean Water and Storm Protection Fee
The Clean Water and Storm Protection Fee is imposed on properties that shed water, directly or indirectly, into the City’s storm drainage system, and is calculated to be proportionate to the amount of stormwater runoff contributed by each parcel, which is in turn proportionate to the amount of impervious surface area. The details of the methodology are described in the Fee Report as prepared by SCI Consulting Group (SCI) in February of 2019 that is attached to the Clean Water and Storm Protection fee ordinance. The calculations are informed by the City’s 2018 Storm Drain Master Plan, which includes an analysis of the percentage of impervious area for Cupertino, and rates are further calculated by parcel size and land use category. Unlike the 1992 fee, the 2019 Clean Water and Storm Protection fee is subject to treatment under prop 218 and as such all parcels are assessed the fees without exemptions for parcelowners such as schools and government entities.

The fees assessed on the 2025-2026 tax rolls were applied to parcels in fourteen categories including single-family residential parcels in four sizes, condominiums, and apartments, commercial, office, institutional, recreational, and vacant. Fees billed directly to parcel-owners that do not receive property tax bills (such as schools and government) applied to 76 parcels.

For both of the fees, in coordination with the City’s contracted consultant for this purpose, each parcel was identified, and a fee established in a separate report submitted to the County entitled Certification of Special Assessment Annual Enrollment which lists the APN and associated fee. The consultant used by the City, SCI, prepares both forms and submits them to the County in accordance with the annual deadline in early August so that the fees can appear on the property tax bills. Additionally, SCI staff are available to answer questions via a phone number provided on the tax bill.
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D. Annual Review

The 2019 Clean Water and Storm Protection Fee included annual review requirements beginning with FY 2020-2021 as described in ordinance 19-2183 (Chapter 3.38 of the Cupertino Municipal Code). Section 3.38.040 describes the review process and allows for an annual increase based on the change in CPI as of December each year, up to 3% maximum, if actual additional costs are incurred.

Expenses attributed to the Nonpoint Source Program from the previous fiscal year through to next fiscal year’s projections are shown in the table in section C above.

A full year of expenses and revenues for the Nonpoint Source Program were audited under the City’s annual external audit and reviewed by the City’s Audit Committee. An additional Agreed-Upon Procedures (AUP) audit specific to the Nonpoint Source Program was developed to further assess this program using a calendar year cycle. The AUP was performed on calendar year 2025 (Attachment D to the staff report) and no exceptions were noted. The City requests preparation of calendar year AUPs for the stormwater program in order to provide more up to date findings to the City Council for review during this annual process, which must happen prior to the normal fiscal year cycle in order to meet County tax roll deadlines.

Chad Mosley
Director of Public Works/City Engineer
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Attachment C
ORDINANCE NO. 19- 2183
AN ORDINANCE OF Tlill CITY COUNClL OF THE CITY OF CUPERTlNO ADDING CHAPTER 3.38 OF THE MUNICIPAL CODE TO ESTABLISH THE

CLEAN WATER AND STORM PROTECTION FEE
WHEREAS, the City of Cupertino («City") oversees and manages a municipal separate stonn sewer system (''MS4"), which includes making capital improvements, overseeing maintenance and operations, and conducting activities to ensure compliance with all state and federal regulations associated with the Clean Water Act and the City's National Pollutant Discharge Elimination System ("NPDES") pennit; and
WHEREAS, the City's MS4 is made up of a comprehensive drainage infrastructure system that includes man-made drainage elements such as curbs and gutters, ditches, culverts, pipelines, manholes, catch basins (inlets) and outfall structures; and WHEREAS, the City, through its MS4, provides storm drainage services ("Services") that include, but are not limited to, collecting, conveying, protecting, treating, and managing storm water runoff from improved parcels within tbe City; and 'WHEREAS, in 1992, the City adopted a $12 per residence storm drain service charge to conserve and protect the MS4 from the burden placed on it by the increasing flow of nonpoint source runoff and to otherwise meet the requirements of the Clean Water Act, EPA regulations and the City's NP DES pennits, which charge has not been increased since its inception; and WHEREAS, the City does not currently have adequate funding to fully finance the system needs of its MS4, and in order to finance the infrastructure, maintenance, and regulatory oversight of the MS4 and the provision of services, the City Council has determined that there is a need to adopt an additional fee ("Clean Water and St01m Protection Fee"), in compliance with Article XIIID of the California Constitution (Proposition 218), to cover the costs associated with capital improvements, operations and maintenance, and regulatory compliance needs of the MS4; and WHEREAS, on March 5, 2019, the City Council approved the Fee Report for the 2019 Clean Water and Stonu Protection Fee Report ("Fee Report") that sets forth the basis and the amount of the Clean Water and Storm Protection Fees on various parcels of land in order to finance, in compliance with Article XIIID of the Constitution, the clean water and storm protection program needs and is attached hereto as Exhibit A; and
WHEREAS, the City Council on March 5, 2019 adopted Resolution No. 19-022 initiating proceedings in accordance with Article XIIID of the Constitution, approving the Fee Report, and setting the date of May 7, 2019 for a public hearing and directing the mailing of a notice to the owners of real property affected by the proposed Clean Water and Stonn Protection Fee, which included a description of the proposed Clean Water and Storm Protection Fee, the amount to be charged, the total amount to be collected, and the right of property owners to protest the Clean Water and Storm Protection Fee;and
WHEREAS, the City Council on March 5, 2019 adopted Resolution No. 19-023 establishing procedures for conducting a baUot proceeding in accordance with Article XIIID of the Constitution; and
WHEREAS, the Clean Water and Storm Protection Fee is a property-related fee, subject to Proposition 218.
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·wHEREAS, the City mailed i1otices of a public hearing on March 19, 2019 and conducted said public heming on May 7, 2019 and heard testimony from residents and property owners regarding the proposed Clean Water and Stonn Protection Fee, and a majority protest was found not to exist; and
WHEREAS, the City Council introduced this Ordinance on May 7, 2019, after a duly noticed public hearing; and
WHEREAS, Article XIIID of the Constitution requires that the property-related fees defined in the Fee Report and included in this Ordinance shall not be imposed unless and until that fee is submitted and approved by a majority vote of the property owners of the properly subject to the Clean Water and Storm Protection Fee· and
WHEREAS, upon introduction of this Ordinance, tbe City Council will direct that it be submitted to the affected property owners in a mail ballot proceeding in accordance with Article XIIID of the Constitution, Sectioh 53 755 .S of the Government Code, and City of Cupertino Resolution No. 19- 023 .

NOW, THEREFORE, the Cow1ciJ of the City of Cupertino does ordain as follows:

SECTION ONE - Chapter 3.38 of the Cupertino Municipal Code is hereby established to read as follows:

3.38.010 Purpose of the Fee-Limitation of Use.

A. The purpose of the Clean Water and Storm Protection fee is to conserve and protect the City's essential values of maintaining our aging stotm drainage infrastructure, e11couraging groundwater replenishment, and maintaining a sustainable environment in accordance with tbe Clean Water Act, EPA regu1ations and the City's NPDESpermits.

B. The specific purpose of the Clean Water and Storm Protection fee established pursuant to this chapter is to derive fee revenue which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City's NPDES pennits, to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes, ahd for any other purpose set forth in Section3.38.160.

C. The Clean Water and Storm Protection fee is imposed pursuant to Articles XIll C and D of the California Constitution, Government Code Sections 38900 - 38901 and 53755 - 53756, and Health and Safety Code Section 5471 - 5473.11 .

D. Proceeds frotn the Clean Water and Storm Protection. fee will be deposited in the "environmental management / clean creeks fund" created by Section 3.36.170 of Chapter 3.36 of the Municipal Code (Stonn Drainage Service Charge) as the "stonn drainage service charge fund" and subsequently rnnan1ed, and may be comingled with the revenues of the City's storm drainage service charge because they are authorized to be used for th.e same purposes.

3.38.020 De6nitions.

Except where the context otherwise requires, the following definitions in this section shall govern the construction of th.is chapter:
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A. "City" means and includes all territory lying within tbe municipal bounda1ies of the City of Cupertiuo as presently existing plu all Le1Tit01y which may be added thereto duting the effect term of the ordinance codified herein.

B. "Condominium" means a parcel that is an individually-owned single residential ll.llll attached to an undivided or joint ownership of the remaining pmtion of the property. The ·•condominium 1 ' category refers to a condominium complex where each residential unit has no other units above or below it. The ''Condominium 2+' refers to a condominium complex where residential units are built above or below other reside1ltial wJits.

C. "Director of Public Works" means the Di.rector of Public Works and his/her duly authorized agents and representatives.

D. "Fee Repo1t'' means the report prepared by SCI Consulting Group dated February 2019 which was approved by the City Council on March 5, 2019 in Section 2 of Resolution No. 19-022. The Fee Repoli sets forth the rate structure and methodology of apportionment of the fee to variouscatego1ies of parcels and shall be the basis for the Clean Water and Stenn Protection Fee.

E. "Director of Administrative Services" means the Director of Administrative Services of the City of upertino and his/her duly authorized agents and representatives.

F. "Impervious Area" means any part of any parcel that bas been modified by the action of any person in a manner which reduces the land's natural ability to absorb and hold storm and surface water.

This includes, but is not limited to, activities such as: grading of property, the creation of any hard surface area which either prevents or retards the entry of water into the soil mantle, or the hardening of an existing surface which causes water to flow at an increased rate. Common impervious areas include, but are not limited to, roof tops, walk-ways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, or any cleared, graded, paved, graveled, or compacted surface or paved earthen materials used for vehicular travel, or areas covered with surfaces which similarly impede the natural infiltration of surface water into soil mantle. Impervious area can be expressed as a percentage of a parcel's total size.

G. "Maintenance and operation" means the administration, operation, maintenance and repair of any facility in the City's storm drain system, including, but not limited to:

1. Items ordinarily recognized as capital items (e.g., acquisition of interests in land) when reasonably necessary to support operations;

2. Street sweeping, catch basin cleaning, and capture and removal of trash from the storm drain system;

3. Replacement ofpo1tions of existing facilities damaged or destroyed as a result of accident or natutaJ disasters or found to be of inadequate size or condition;

4. Damages or settlements paid in the course of, or because of, threatened or actual legaJ actions related to the City's stonn drain system or non-point sourceprogram;

5. Regional monitoring, pennit fees public educatfon and awareness programs regarding the City's stom1 drain system and the City's nonpoint sourceprogram;

6. Management of the City's non-point sow-ce-program including, but not limited to, BMP manuals, public outreach, printed materials, City staff and legal costs relatedthereto. 3 172
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H. ''Multi-Family Residential" means parce1s improved or used for a residence for .five or more families liviJ1g independently of each other and doing their own cooking and which is llOt separately assessed by the county tax assessor for each such family dwelling. This term is synonymous witb "apartment."
I. "Open Space" means laud that is substantially in a natural condition and includes agricultural or other lands that demonstrate storm water absorption equal to or greater than natural conditions.

J. "Parcel" means a wtit of land which is designated by the tax assessor of Santa Clara County for property tax purposes.

K. ''Rate Category" means a group of parcels that are of similar imperviousness characteristics and are charged the same rate. Si11gle-Family Residential Parcels are categorized by size; Non-SiugleFarn:ily Parcels are categorized by impervious percentage ranges.

L. "Single-Family Residential" means parcels, other than multi-family parcels, improved or used solely as a residence for one, two, three or four fruu.ilies living separately in separate dwelling units.

M. "Storm drainage system" means any pipe, conduit, or sewer oftbe City designed or used for the collection, conveyance and management of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water but excluding any community sanitary sewer system.

N. "Vacant (developed) means a parcel which bas been altered from its natural condition through grading or compaction activity or .in another manner which reduces the land's natural ability to absorb and hold storm and surface water without any stmctw-e existing upon it.

3.38.030 Determination and Imposition of Fee for Fiscal Year 2019-20.

For purposes specified in Section 3.38.010 the Clean Water and Stonn Protection fees established pursuant to thls chapter are hereby prescribed and imposed, and shall be paid to and collected by the City, for services and facilities furnished by the City in connection with its stonu drainage system to or for each parcel whlch is benefited directly or indirectly by said storm drainage system or aby part thereof, or from which any storm water is conveyed or discharged directly or indirectly into the stonn drainage system. Said fee is imposed annually and will be assessed and collected as follows:

A. Single-Family Residential Class
Category Parcel Size (acres) Annual Fee per Parcel
SmaU Under 0.13 $36.58
Medium 0.13 to 0.22 $44.42
Large 0.23 to 0.40 $55.58
Extra Large Over0.40 $106.42
Condominium 1 Na $36.5&
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I Condominium 2+ Na $1 l .99
B. Non-Single-Family Residential Class
I Category' Annual Fee
per0.10 Acre
of Pare l Size2
Multi-Family $30.88
Commercial / Retail / Industrial $40.38
Office $30.88
Church/ lnstitutional $26.13
Schoo} with play field $19.00
Park $7.13
Vacant (developed) $2.38
Rate Strncture Notes:
l. The Rate Category for any Non-Single-Family parcel shall be assigned by the description of the land use of the parcel. For Non-Single-Family land uses that do not fit the descriptions in Table 5 of the Fee Report (for example, mixed use parcels), the rate with the nearest percent impervious area shown in Table 5 of the Fee Report shall be assigned to a parcel.

2. Non-Single-family fees are calculated in 0.1-acre increments. For example, an office parcel is charged at $30.88 for each tenth of an acre or portion thereof.

C. Non-single-family parcels and condominium parcels that comply with the version of Provision C,3 (New Development and Redevelopment Requirements) of the City's NPDES permit that is applicable at the time of building permit issuance shall have their fees reduced by 25% in recognition of the reduced impact on the City's storm drainage system inherent in C.3 compliance, as documented in the Fee Report (Low Impact Development Rate Adjustment). Other single-family residential parcels do not qualify for this rate reduction. C.3 compliance will be determined on a case-by-case basis by the Director of Public Works, who may also establish procedures to verify and validate such compliance on a peiiodic basis.

D. For non-single-family residential parcels that have both improvements and significant open space areas (described in the Fee Report as "hybrid parcels'), the chargeable acreage shall be adjusted downward in recognition that the open space areas do not increase the need for the fee. 5 174
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e. Open space and agticultural parcels are not subject to the Clean Water and Stonu Protection fees.

3.38.040 Annual Review of Fee.

Commencing with FiscaJ Year 2020-21, the City Council shall, by xesolution, annually determine the Clean Water and Storm Protection Fee in accordance with the following:

A. In no event shall the rate for any category of property be increased beyond the rate approved by a majority vote of property owners subject to the Clean Water and Storm Protection fee. Commencing in Fiscal Year 2020-21 , the amow1t of the Clean Water and Storm Protection Fee may be increased by an amount equal to the change in the Conswner Price Index for all Urban Consumers for the area including Santa Clara County (the "CPI'), including all items as published by the U.S. Bureau of Labor Statistics as of December of each succeeding year, uot to exceed a maximum increase of three percent (3%) in any single year, Adjustments will only occur if actual additional costs areincurred.

B. The Clean Water and Stonn Protection fee shall not be deemed to be increased iu the event the actual fee upon a parcel in any given year is higher due to a change in use of the subject parcel or an increase in tbe amount of the impervious area of the subject parcel.

C. In any year in which the City Council does not change the Clean Water and Storm Protection fee rate, pursuant to the voter-approved CPI allowable annual increase, the previously adopted fee shall continue in full force and effect for the next fiscal year.

D. The City Council shall not be required to enact a CPI increase each year. 3.38.040.A.

3.38.050 Various Actions.

Without a vote of the property owners, in any year the City Council may do any and all of the following: (a) discontinue the Clean Water and Storm Protection fee; (b) reduce the rate for all parcel categories; or ( c) increase the rate up to or below the maximum voter-authorized rate if it has been previously set below such rate.

3.38.060 Effective Date of Fees.

The Clean Water and Sto1m Protection fees shall become effective on July 1, 2019.

3.38.070 Fees Collected with General Taxes.

A Subject to the exceptions hereinafter set forth, the City elects, as an alternative procedure for the coUection of Clean Water and Stonn Protection. fees prescribed or imposed by the provisions of this chapter, to have all such Clean Water and Storm Protection fees for each ii.seal year collected on the tax roll in the same manner by the same persons and at the same time as, and together with and not separately from, its general taxes.

B. The Director of Public Works is hereby directed to prepare and file with the City Clerk, on or before the fifteenth day of June of each year, or such other date or dates as the City Council may specify by resolution, a written report containing a description of each and every parcel of real property receiving the benefit of the stonn drainage system mentioned in this chapter, except for those parcels the fees for which ar-e not to be collected on the tax roll, and the amount of the Clean Water aud Sto1m Protectionfees 6 175
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for each parcel for the forthcoming fiscal year, computed in confonnity with the fees prescdbed by the provisions of th.is chapter.

C. The City Clerk sllall cause notice of the filing of said report and of a time and place of hearing thereon to be published, prior to the date for hearing, in a newspaper of general circulation printed and published within the ity. The publication of said notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates. not c w1ting such publication dates, are sufficient.

The period of notice commences upon the first day publication and terminates at the end of the fourteenth day.

D. At the time stated in the above-mentioned notice, the City ouncil sha ll bear and con ider all objections or protests, if any, to the report refen-ed to in said notice, and may continue the bearing from time to time. Jf the Council finds that protest is made by owners of a majority of separate parcels of prope1ty described in the report, then the report shall not be adopted, and fees shall be collected separately from the tax roU and shall not constitute a lien against any parcel orparcels.

E. Upon the conclusion of the hearing, the City Council may adopt, revise, change, reduce, or modify any fee or ovenule any ot all objections and shall make its detenuination upon each fee as described in said report, which detemlination shall be final.

F. l. On or before the first day of August of each year following such fina l detennination, the ity Clerk shall file with the Finance Director a copy of the report with a statement endorsed thereon over the City Clerk's signature that it has been fina lly adopted by the CityCouncil.

2. The Finance Director shall thereupon cause said fees to be placed on the prope1ty tax roll and collected by the County for the City, as hereinafter provided. The County's tax collector shall enter the amounts of tbe fees against the respective parcels as they appear on the cunent assessment roll. If the property is not described on the roll, the County's tax collector may enter the description thereon, together with the amounts of the fees as shown in the report.

G. The amount of the fees shall constitute a lien against the parcel against which the fee has been imposed as of noon on the first M011day in March immediately preceding the date of the levy.

H. The tax collector shall include the amount of the fees on bills for taxes levied against the respective parcels. Thereafter the amount of the fees shall be coll ected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the City and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. l. All laws applicable to the levy, collection and enforcement of general taxes of the Cjty including, but not limited to, those pertaining to matters of delinquency, collection cancellation, refund and redemption, are applicable to such fees .
.I. The tax collector may, at the tax collectors discretion, issue separate bills for such fees and separate receipts for collection on account of such fees.

K. If any parcels receiving benefit from the sto1m drainage system are omitted from the abovementioned report or said tax roll, either because the fee therefor shalJ not have yet been ascertained by the City as of the date of said report, or for any other reason, the Clean Water and Storm Protection fee for such parcels shall be collected in the manner provided elsewhere in this chapter. If the fee for any parcels, as shown on said report for the forthcoming fisca l year, should be less than what should bethe 7 176
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fee therefor under the provisiolls of this chapter, the balance of such fee shall be collected in the manner provided elsewhere in this chapter. If, however, the fee for any parcels shown in the report and collected on Lh e tax roll should exceed the oon-ect fee for such parcels for the fiscal year, the Finance Director shall refund the excess amount so collected.

3.38.080 Payment of Balance of Fee.

A. lf the fee for any parcels placed on the tax roll, or for any parcels collected based upon billing, was less tban what should be the fee therefor under the provisions of this chapter due to en·or, the balance of said fee shall be collected by a bill or invoice based on a detailed statement showing the basis of the calculations, the location of the parcels and other relevant information, and prepared on or after January 1st for the preceding six months from July to December during which a discrepancy between the amouot collected and tbe conect fee is discovered, and on or after July 1st for the preceding six months from January to June during which such a discrepancy is cliscovered. The Finance Director shall mail said bill or invoice to the person or persons listed as the owners of the parcels on the last equalized assessment roll of the County at the address shown on such assessment roll or to the successor in interest of such owner if the name and address of such successor in interest is known to the Finance Director.

Failure to mail any such bill or invoice, or failw-e of any owner to receive any such bill or invoice shall not excuse the owner of any parcels from the obligation of paying the balance of any Clean Water and S tonn Protection fee for any parcels owned by him or her.

B. The interested owner may, at any reasonable time, review the detailed statement prepared by the Finance Director.

C. The balance of the Clean Water and Stonn Protection fee for such parcels shall be due and payable on the date the bill or invoice referred to in this section ismailed.

3.38.090 Collection of Fees Omitted from Tax Roll-Billing.

A. The Finance Director shall semi-annually, on or after July 1st, prepare or cause to be prepared a detailed statement containing the basis ofthe calculations, the location of the parcels and other relevant information, showing the total monthly fee for the preceding six months from January to June and on or after January 1st, for the preceding six months from July to December for any parcels the fee for which should be collected on the tax roll pursuant to Section 3.38.070A but was omitted from the reportrefen-ed to i.11 Section 3.38.070B, or parcels the fee for which is collected pursuantbilling.

B. An invoice may be rendered for a period of less than six months if the commencement dateof fees is other than July 1st or January 1st, as may be the case with newaccounts.

C. On the basis of the statement, the Finance Director shall prepare a bill or invoice showing the total fee for such six months or less, and shall mail said bill or invoice to the person or persons listed as the owners of the parcels on the last equalized assessment roll of the County at the address shown on such assessment roll, or to the successor in interest of such owner if the name and address of such successor io interest is. known to the Director. Failure to mail any such bill or invoice, or failure of any owner to receive any such bill or invoice shall not excuse the owner of any parcels from the obligation of paying any Clean Water and Storm Protection fee for any parcels owned by bim or her.

D. The interested owner may, at any reasonable time, review the detailed statement prepared by the Finance Director.
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B. The Clean Water and Storm Protection fee for such parcels shall be due and payable immediately upon receipt of the bill or invoice refened to in this section.

3.38.100 Payment ofFees-Owne1· Responsibility.

The owner of any parcel is and shall be responsible for payment of any and all Clean Water and StomJ Protection fees applicable to parcels owned by him or her. It shall be and is hereby made the duty of each such owner to provide to the Finance Director information sufficient to calculate the land atea of the parcels within thirty days after request of the Finance Director and ascertain from the Finance Director the amount and due date of any such fee applicable to parcels owned by such owner and to pay such fee when due and payable. It also shall be and is hereby made the duty of all owners of all parcels to infonn the Finance Director immediately of all circumstances, and of any change or changes in any circumstances, which will in any way affect the applicability of any fee. In pa1ticular, but oot by way of limitation, an owner of any parcel shall immediately inform the Finance Director of any sale or transfer of such parcel by or to such owner.

3.38.110 Payment of Fees-Location.

Except as otherwise provided elsewhere in this chapter all Clean Water and Storm Protection fees shall be payable at the office of the Finance Director in the City Hall of the City.

3.38.120 Payment of Fees-Delinquency Date.

Except as otherwise provided elsewhere in this chaptei- eacb Clean Water and Stonn Protection fee shall be deUnquent if not paid on or before the fortieth day immediately following 'the date upon which such Clean Water and Stonn Protection fee became due and payable.

3.38.130 Penalty for Delinquency.

Except as otherwise provided elsewhere in th.is chapter, whenever any Clean Water and Storm Protection fee becomes delinquent, there shall be imposed a penalty equal to one hundred percent of the amow1t as set forth under Section 3.38.030.

3.38.140 Disputed Fees.

If any owner disputes the amount of the fee in any bill or invoice, the owner shall, within thirty days from and after the date such bill or invoice is mailed, and no later, file a claim with the Finance Director accompanied by detailed supporting factual data in support of the claim. lt shall be the duty of each such owner to prove to the Finance Director, that such fee is in error and the COffect amount thereof. lf the finance Director detetmines that the bill or invoice was in error, the Finance Director shall correct said bill. Failure to dispute the amount of the fee in accordance with this section shall be deemed acceptance of the correctness of the fee.

3.38.150 Fiscal Accountability
A The City shall retain an independent auditor to conduct an annual audit of the Clean Water and Stonn Protection Fee and environmental management/ clean creeks fund as part of its comprehensive annual financial report. The auditor shall include an accotuiting of the revenue received from the fee and expenditures thereof in the audited financial statements. The auditor's report shall be presented to the City Cou cil and made available to the public. The Director of Adminish·ative Services or the Director of Public Works shall prepare and present to the City CounciJ an annual report in conjunction withthe 9 178
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annual audjl that reviews the status and perfonnance of the programs, services and projects fonded wholly or paitially with proceeds of the Clean Water and Stom1 Protection Fee.

B. The City Council shall either select a citizen's oversight committee or assign oversight duties to a pre-ex.isling oversight committee to review and report annually on the receipt of revenue and expenditure of funds from the stom1 drainage service charge fund authorized by this chapter.

3.38.160 Special Fund-Restricted U e of Revenues.

A All revenues collected pursuant to the provisions of this chapter shall be placed into a special fund, which is known as the "environmental management/ clean creeks fund," created by Section 3 .36.170 of Chapter 3 .36 of the Mumcipal Code (Stonn Drainage Service Charge). Such revenues may be used for the purpose specified in Section 3.38.010, and for no other purpose; provided, however, that moneys deposited in the fund may be used for direct and administrative costs of the City in collecting the Clean Water and Storm Protection fees imposed by this part and for direct and indirect overhead costs of the City in perfomJing any tasks, including, but not limited to, calculation of the benefits received by prope1ties from the stonn drainage system.

B. As used in this section, • direct costs'' means wages and salaries a11d costs of employee fringe benefits incurred by the City, aud mileage reimbw-sement attributable to said collection activities. As used in this section, "admi.n.istrative costs" includes, but is not limited to all costs for computer service, materials, postage, supplies and equipment.

C. Notwithstanding subsections 3.38.160A and 3.38. l 60B interest on revenues in the environmental management / clean creeks fwid may be credited to the general fund of the City or to any other fund in the discretion of the City Council.

3.38.170 Refunds.

Whenever any refunds should become owing by virtue of any relief granted by the City Council pursuant to the provisions of Section 3.38.140 or by virtue of any error made in ascertaining the fee applicable to any parcels, the Finance Director is authorized to make such refunds and to expend for such purpose the moneys in the environmental management/ clean creeks fund. Notwithstanding the provisions of Section 3.38.140, any claim for refund for fees collected under Section 3.38.070 must be made within one yeru· after the date bills for ta es are received by the owner. The City shall not be liable for interest or any amount determined to be refundable.

3.38.180 Inspection of Parcels Authorized.

The Director of Public Works, the Finance Director and their authorized representatives are hereby given power and authority to enter upon and within any parcels to ascertain the nature of such parcels; to inspect, observe, and review the benefit received from the storm drain system as may be allowed by law.

3.38.190 Payment of Delinquent Fees-City Enforcement Powers.

A. Notwithstanding other remedies, in the event of the failure of any owner to pay when due any Clean Water and Storn1 Protection fees applicable to parcels owned by such owner, the City may enforce payment of such delinquent fees by instituting action in any cowt of competent jurisruction to collect any fees wluch may be due and payable in the same manner as any other debts owing to the City may be collected.
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B. Any and aJI delinqueut payments may be placed on the ta · roll, and collected with properly tax.es, as provided in Section 3.38.070.

C. Such other action may be taken as may be authorized by law and by the CityC0tmcil.

D. Remedies under this secti011 are in addition to and do not supersede or limit any and all other remedies, civil and criminal.

SECTION TWO - CEQA EXEMPTION
The City Council finds, based on its own independent judgement, that the proposed amendments to the Cupertino Municipal Code are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines 15273(a) - Rates, Tolls, Fares, and Charges and categorically exempt pursuant to CEQA Guidelines Section 15301 . A Notice of Exemption will be filed with the County Clerk.

SECTION THREE - INCONSISTENCIES REPEALED
This Ordinance is intended to be controlling on the authority to establish the Clean Water and Storm Protection fee, and shall supersede all prior ordinances, resolutions, rules or regulations that in conflict wherewith. Any provision of tJ1e Cupertino Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, are repealed only to the extent of such inconsistencies a11d no further.

SECTION FOUR-™-PLEMENTATION
The City Manager is hereby authorized and directed to take any action and sign any documents necessary to implement this ordinance.

SECTION FIVE - SEVERABil,ITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining po11ions of the Ordinance. The Council of the City of Cupertino hereby declares that they would ha e passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective oftbe fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION SIX-EFFECTIVE DATE· PlJBLICATION.

The City Clerk is directed to post and publish this ordinance in accordance with law in a newspaper of general circulation printed and published in the County of Santa Clara, or as otherwise required by law.

This ordinance shall take effect as provided by Government Code Section 36937. 11 180
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INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 7u, day of May 2019 and enacted al a regular meeting of the City Council of the City of Cupertino after certification of the ballot results on the 161h day of July 20]9.

Members of the City Council:

AYES:

NOES:

Schruf, Chao, Paul, Sinks, Willey
None
ABSENT: None
ABSTAIN: None
SI~
l _/ 1~1k.\\~
Steven Scharf, Mayor Date \
City of Cupertino
ATTEST:
6Ai:.9 L,l'))-- &--/1'}_
Date
Grace Schmidt, City Clerk
APPROVED AS TO FORM:
·J~ A ?(3oL {\
Heather Minner, City Attorney Date
Exhibit A (Attachment Bl) -Fee Report for the 2019 Clean Water and Stonn Protection Fee Report 181
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STATE OF CALIFORNIA )
·COUNTY OF SANTA CLARA )

CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 19-2183, which was enacted on July 16th, 2019, and that it has been published or posted pursuant to law (G.C. 40806).

IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of July, 2019.

GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupe1iino, California 182
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Attachment B I

CITY OF CUPERTINO

FEE REPORT
2019 CLEAN WATER AND STORM PROTECTION FEE
FEBRUARY 2019
PURSUANT TO THE ARTICLES XIII( & 0 OF THE CALIFORNIA CONSTITUTION, AND THE GOVERNMENT (ODE SECTIONS 38900- 38901 ET AL.

ENGINEER OF WORK:

SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
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CITY OF CUPERTINO

CITY OF CUPERTINO

CITY COUNCIL
Steven Scharf, Mayor
Liang Chao, Vice Mayor
Darcy Paul, Councilmember
Rod Sinks, Councilmember
Jon Willey, Councilmember

INTERIM CITY MANAGER
Timm Borden

PUBLIC WORKS DEPARTMENT
Roger Lee, Acting Director

ENGINEER OF WORK
Jerry Bradshaw, SCI Consulting Group
2019 CLEAN WATER ANO STORM PROTECTION FEE REPORT
FEBRUARY 2019
PAGEi
Cl Consulting Group
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TABLE OF CONTENTS
INTRODUCTION AND EXECUTIVE SUMMARY .............................................................................. 1 OVERVIEW .......................................................................... .............................. , ..... , ....... 1 CITY1S FACILITIES ............................... .. ........................................................................... 1 STORMWATER FUNDING BACKGROUND ............................................................................ 2 LEGAL REQUIREMENTS OF STORMWATER FEE ................................................................... 2 FACILITIES AND SERVICES ...................................................................................................... 4 FINANCIAL NEEDS AND REVENUE REQUIREMENTS .................................................................... 5 SUMMARY OF CLEAN WATER AND STORM PROTECTION SYSTEM NEEDS ........... , .................. 5 ANNUAL REVENUE REQUIREMENT ..................................................................................... 6 RATE STRUCTURE ANALYSIS .................................................................................................. 7 SINGLE-FAMILY RESIDENTIAL PARCELS AS BENCHMARK ................ .................. ................... 7 NON-SINGLE-FAMILY RESIDENTIAL PARCELS ........................................................ ............. 9 Low IMPACT DEVELOPMENT RATE ADJUSTMENT.. .................................. ........ .. ................ 11 STORMWATER FEE CALCULATION ................................................................................... 12 ANNUAL COST INDEXING ....... , .... , ...... ............................................................................. 14 MANAGEMENT AND USE OF STORMWATER FUNDS .. , ................................................ ......... 14 APPENDICES ....................................................................................................................... 15 APPENDIX A- REGULATORY ASSESSMENT & COST AND REVENUE ANALYSIS ..................... 15 APPENDIX 8-PERCENTAGE OF IMPERVIOUS AREA ESTIMATIONS .......................... ... ......... 28 APPENDIX C- STORMWATER RATES FROM OTHER MUNICIPALITIES ............... , ... , .............. 30

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LIST OF TABLES
TABLE 1 - SUMMARY OF PROGRAM REVENUES ............................. , .......................................... 5 TABLE 2-SUMMARY OF PROGRAM COSTS ........ , ........... ........................ " .............. , ... .. .. .. .. ...... 6 TABLE 3- ESTIMATE OF ANNUAL REVENUE REQUIREMENT ....................................................... 6 TABLE 4- SUMMARY OF SINGLE-FAMILY RESIDENTIAL PARCELS ............................................... 9 TABLE 5- SUMMARY OF NON-SFR PARCELS ........................................................................ , 10 TABLE 6-Low IMPACT DEVELOPMENT RATE ADJUSTMENT ANALYSIS ..................................... 12 TABLE 7-PROPOSED 2019 CLEAN WATER & STORM PROTECTION FEE SCHEDULE ................. 13 TABLE 8 - PERCENT OF IMPERVIOUS AREA FROM STORM DRAIN MASTER PLAN .......... , ............. 28 TABLE 9- PERCENTAGE OF IMPERVIOUS SURFACE FROM STORM DRAIN MASTER PLAN ............ 29 TABLE 10- RECENT STORM DRAIN BALLOT MEASURES .. ........................................................ 31 TABLE 11 - SAMPLE OF RATES FROM OTHER MUNICIPALITIES ................................................. 32

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INTRODUCTION AND EXECUTIVE SUMMARY

OVERVIEW
The City of Cupertino ("City'') has engaged SCI Consulting Group to study, make recommendations, and assist in the Implementation of a funding approach for its municipal separate storm sewer system1 ("MS4'') including environmental programs, maintenance and operations, and compliance with all state and federal regulations associated with the National Pollutant Discharge Elimination System2 ("NPDES") permit.

Since 2013 the City's Public Works Department has developed several planning documents pertaining to its Clean Water and Storm Protection program ("Program"). These Include the Trash Reduction Plan (2014 ), the Green Infrastructure Plan currently under development (to be completed in 2019) and the Storm Drain Master Plan ("SDMP,'' completed in 2018), These plans made it clear that the Program would need to expand its levels of service to achieve the goals of responsible environmental stewardship and smart investment in the City's aging infrastructure.

In 20181 the City embarked on a two-phase project to determine the feaslbillty of implementing a dedicated, sustainable revenue stream to fund the City's Clean Water and Storm Protection needs. The first phase included exploring potential funding sources, estimating user rate ranges for various budget scenarios, and conducting a public opinion survey of Cupertino residents and property owners to determine storm drain-related priorities and willingness to support a fee for these services. The City Council has now embarked on the second phase: implementation of a funding mechanism. This Fee Report is the first step in that process.

CITY'S FACILITIES

CITY OF CUPERTINO
The City operates and maintains a storm drainage system, as it is empowered to do per Government Code Sections 38900 and 38901 . This system is comprised of integrated storm drain pipes, inlets, outfalls. culverts, and ditches which divert stormwater to local creeks to prevent flooding. As the community grew and neighborhoods and business districts expanded, the City's storm drainage system was developed. When the first NPDES permit was issued in the early 1990s, the City recognized the fiscal burden these new clean water requirements would bring and established a property fee on mos! parcels to fund this activity.

Since that time the City has worked diligently and efficiently to continue meeting the everincreasing requirements of the NPDES permit, while the State's clean water requirements have evolved into a comprehensive environmental stewardship program. 1 In this report, the terms ''storm sewer." ''storm drainage," "storm protection," and ''stormwater" are used interchangeably, and are considered to be synonymous. 2 Created in 1972 by the Clean Water Act, the NPDES permit program is authorized by the EPA to allow state governments to perform many permitting, administrative, and enforcement aspects of the program.
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The operations and maintenance ("O&M") side of the Program has also developed many activities that support a clean water supply and maintain the City's aging infrastructure to protect the neighborhoods and businesses from local flooding. On average, the industrystandard life expectancy of a storm drain system is approximately 60 years. The majority of the City's storm drain pipes were installed approximately 50 or more years ago, leaving the City with a system that is approaching the end of its useful life. Moreover, as noted in the Storm Drain Master Plan, so"me of the drainage system does not have adequate capacity.

STORMWATER FUNDING BACKGROUND
The City historically has funded lts clean water program and storm drain matntenance activity primarily through two sources: The General Fund and the Storm Drainage Service Charge3 established in 1992. The 1992 charge, established at $12 per year for single-family residential and $144 per acre for commercial parcels, has not been increased since its inception.4 For more than a decade, the General Fund has carried the increasing burden of the Program. As a result, the City has needed to limit capital expenditures and keep operations and maintenance activities to a less than desirable level of service, mostly responding to storm-related emergencies and basic regulatory compliance.

The scale and projected needs of the system in a time of competing demands on the General Fund point toward the need for developing a separate, dedicated and sustainable funding stream. As many other municipalities in California have done, including San Jose and Palo Alto, the City of Cupertino is considering developing a new, additional, more secure and predictable source of funding for the Program. This Fee Report is the first step in that process, should the City decide to proceed.

LEGAL REQUIREMENTS OF STORMWATER FEE

CITY OF CUPERTINO
This Report calculates the Stormwater Fee as a property-related fee. Property-related fees are subject to the requirements of Articles XIIIC and D of the State Constitution, which were approved by voters in 1996 through Proposition 218, as well as the Proposition 218 Omnibus Implementation Act (Government Code Sections 53750- 53758).

Any property-related fee must comply with requirements of Article XIIID, Section 6. These include the following:
■ Revenues derived from the fee shall not exceed the funds required to provide the property-related service;
■ Revenues derived from the fee shall not be used for any purpose other than that for which the fee was imposed;
■ The amount of a fee upon any parcel or person as an incident of property ownership shall not exceed the proportional costs of the service attributable to the parcel; 3 Cupertino Municipal Code Chapter 3.36.
4 This "freeze" on the stormwater fees are due primarily to the stringent requirements of Proposition 218 for a ballot measure to increase fees . 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT
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• No fee may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees based on potential or future use of service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with the assessment section of the code; and
• No fee may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to the property owners. 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT ---------- FEBRUARY 2019 .ConsuftingGro-up
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FACILITIES AND SERVICES

CITY OF CUPERTINO
The City operates and maintains a municipal separate storm sewer system within the City's boundaries. The system is made up of man-made drainage systems including, but not limited to, curbs and gutters, ditches, culverts, pipelines, manholes, catch basins (inlets) and outfall structures. The natural creek system that runs throughout the City serves as the backbone of the City's system. While primary maintenance of those creeks is the responsibility of the Santa Clara Valley Water District, the City, through its Program, collaborates with the Water District for creek stewardship and educational activities. The system serves the entire City.

The primary storm drainage service provided by the City is the collection, conveyance, and overall management of the stormwater runoff from parcels. By definition, all parcels that shed stormwater into the City's system, either directly or indirectly utilize, or are served by, the City's storm drainage system. The need and necessity of this service are derived from property improvements, which historically have increased the amount of stormwater runoff from the parcel by constructing impervious surfaces such as rooftops, pavement areas, and certain types of landscaping that restrict or retard the percolation of water into the soil lens beyond the conditions found ih the natural, or unimproved, state, As such, open space land (in a natural condition) and agricultural lands that demonstrate stormwater absorption equal to or greater than natural conditions are not charged a fee. Other vacant land that was once improved or has been prepared for future improvements do not qualify as open space or natural land and will typically be charged a fee.

The 2018 SDMP contains a thorough set of maps and lists of various elements within the stormwater system. Those descriptions are the basis for this Report. 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT
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FINANCIAL NEEDS AND REVENUE REQUIREMENTS

SUMMARY OF CLEAN WATER AND STORM PROTECTION SYSTEM NEEDS

CITY OF CUPERTINO
As part of.the fee implementation task, the SCI team conducted an analysis of the City's Clean Water and Storm Protection system needs. This analysis is contained in a technical memorandum dated February 20, 2019 from the firm of Larry Walker Associates and is included in Appendix A of this Report. This analysis reviewed existing revenues and estimated the true costs to the Program of preventing local flooding and remaining in compliance with the current NPDES permit, commonly known as the Municipal Regional Permit ("MRP") issued by the Water Board to all Phase 1 permittees in the San Francisco Bay area. The first MRP was issued in 2009. The second MRP was issued in 2015 and is referred to as MRP 2.0.

PROGRAM REVENUES
The first step of the analysis was to review the revenues available to the City's Program.

Based on information provided by the City, the existing revenues are projected through Fiscal Year 2023-24 as shown in Table 1 below. These values are drawn from Appendix A, Table 1.

TABLE 1 - SUMMARY OF PROGRAM REVENUES
, Shown in thousands
, ~~~ F~re
,Revenue Category 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 Storm water Charges $ 370 $ 370 $ 370 $ 370 $ 370 $ 370 Other Revenue $ 9 $ 9 $ 9 $ 9 $ 9 $ 9
General Fund Transfer In $ 818 $ . $ $ - $ . $
TOTAL Revenues $ 1,197 $ 379 $ 379 $ 379 $ 379 $ 379

PROGRAM COSTS
The City's Program is influenced primarily by the requirements to prevent local flooding and to comply with the MRP 2.0. Cost estimates were based on budgetary and supplemental information provided by the City. In broadly assessing the Program's costs and following the City's current Budget structure, two main categories were used: Operations and Maintenance ("O&M") Costs, and Clean Water Program5 Costs. These categories reflect how the City generally allocates funds to implement its day-to-day storm drainage-related operations.
5 The City's Budget document uses "Non-Point Source" as the name for the Clean Water program.
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More detailed information can be found in Appendix A. The program costs are summarized in Table 2 below. The total costs shown in the right-hand column is for the five future years.

These values are drawn from Appendix A, Table 2.

Category
. :

Clean Water

TOTAL COSTS
TABLE 2- SUMMARY OF PROGRAM COSTS
Shown in thousands
Current Future
18-19 19-20 20-21 21-22 22-23 23-24 TOTAL
$ 477
$ 721
$ 552 $ 569 $ 586 $ 603 $ 622 ,. 891 918 964 994 1,025 4,792 $ 1,197 $ 1,443 $ 1,487 $ 1,550 $ 1,597 $ 1,647 $ 7,724

ANNUAL REVENUE REQUIREMENT

CITY OF CUPERTINO
The proposed fee is scheduled to begin in Fiscal Year 2019-20. Therefore, the data presented in Appendix A for prior years do not factor into the analysis. What remains is a five-year window in which projected revenue sources and projected costs are presented.

Over the five fiscal years, the projected costs exceed revenues by $6.0 million. This is the amount that the proposed Clean Water and Storm Protection Fee would need to generate in order to bring the Program into balance. The resulting revenue requirement is therefore based on an annual revenue, adjusted for inflation at 3.0% per year over the five-year period, that totals $6.0 million over those five years. These projections are summarized in Table 3 below.

TABLE 3-ESTIMATE OF ANNUAL REVENUE REQUIREMENT
Shown In thousands
Category
Expenditures
Shortfall
Current Future
18-19
na
na
na
19-20 20-21 21-22 22-23 23-24
1,443 1,487 1,550 1,597 1,647
$11,064) $11,108) $11,171) $(1,218) $(1,268)
TOTAL
.. .
7,724
$ 15,829}
Revenue Requirement* $ 1,098 $ 1,131 $ 1,165 $ 1,200 $ 1,236 $ 51828 • Revenues ore increased by 3.0% annually for inflation 2019 CLEAN WATER ANO STORM PROTECTION FEE REPORT
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RATE STRUCTURE ANALYSIS
Proposition 218 states that the amount of a fee upon any parcel shall not exceed the proportional costs of the service attributable to the parcel. It also states that no fee may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property. As noted earl'ier, all properties that shed stormwater into the Citys system are served by that system. In compliance with Propos~ion 218, the proposed 2019 Clean Water and Storm Protection Fee will only be imposed on properties that shed water, directly or indirectly, into the City's system. Additionally, the amount of use attributed to each parcel is proportionate to the amount of stormwater runoff contributed by the parcel1 which is, in turn, proportionate to the amount of impervious surface area on a parcel (such as building roofs and pavements).

SINGLE-FAMILY RESIDENTIAL PARCELS AS BENCHMARK

CITY OF CUPERTINO
The most widely used method of establish Ing storm drainage rates6 is to use the average or median single-family residential parcel7 ("SFR") as the basic unit of measure, or benchmark, which is called the single-family equivalent, or "SFE." Since the metric for this fee structure is impervious surface area, a benchmark amount of impervious surface area CISA") must be established.

Cupertino has a wide range of sizes of SFR parcels, which have varying percentages of impervious area ("%IA"). Generally, smaller, denser parcels tend to have a higher proportion of impervious area than larger, less dense parcels, which tend to have a lower percentage of impervious area. (This can be best visualized by the fact that larger residential properties tend to have a larger proportion of pervious landscaping, and: therefore a smaller proportion of impervious area.) Therefore, the range of SFR was broken into four size categories as shown in Table 4 below with the medium category containing the largest number of parcels.

The City's 2018 SDMP includes an analysis of the %IA for Cupertino.8 The SDMP findings of ¾IA for various land uses were used as a basis for this Report. Since the categories in the SDMP don't completely align with the rate categories established in this Report, some adjustments were made. A summary of these adjustments is shown in Appendix B.

The median sized SFR parcel is 0.17 acre (approximately 7,405 square feet), which is also the median parcel size for the medium SFR rate category. That size of parcel is considered 6 Stormwater Utility Survey, 2017, page 2, Western Kentucky University. 7 The SFR category also includes multiplex parcels of two, three or four units, since the lot development characteristics do not vary significantly from the SFR parcels of similar size.

In all, this includes the approximately 496 multiplex parcels In the City, which were distributed to the same four parcel size categories as the other SFRs. Any residential structure with five or more units is categorized as multi-family residential ("MFR"), which is calculated separately.
8 Section 2.2.3, page 2~6 of the City of Cupertino Storm Drain Master Plan. 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT
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to fall into the low-density residential category of the SDMP, which is reported to have a %IA of 55%. Therefore, the median parcel in Cupertino contains 4,073 square feet of impervious surface area ("ISA") as shown in the calculation below. This will be used as the benchmark (1 SFE) for all other size categories and other non-residential land uses. 1 SFE = %IA x Median Parcel Siz
= 55% X 7,405 4
= 4,073 sf
This becomes the basis for calculating the SFEs for all other types of land uses. The %IA for each size category,was applied to the median size parcel. in that category to calculate its median !SA The SFE per parcel for each size category is a simple ratio of the median ISA for each category to the ISA (4,073 sQ for the benchmark category of medium-sized parcels as shown ih the following formula:

SFE per Parcel =

SPECIAL NOTES ON CONDOMINIUMS
Median ISA
4,073
Condominium units are particularly difficult to categorize as they are often on very small individual parcels yet share larger common areas that are made up of landscaped {pervious) areas, parking lots and shared roofs, and other recreational uses (either pervious or impervious). The data for these variables is not readily available, so some assumptions are made about their characteristics.

Condominiums can be grouped into two categories: High density where they tend to have units on multiple floors (similar to apartment buildings), and medium density where they are only one unit high (i.e., townhomes), For the medium-density condominium units, the presence of common areas with landscape features make them very similar to the small-lot SFR parcels, and therefore they are assigned the same ISA (3,354 sij and SFE per parcel as a small-lot SFR parcel.

For the high-density condominium units, further analysis was done. Fourteen condominium complexes with 1,246 unit~ were identified throughout the City. Using aerial photographs, measurements were made of the impermeable areas. A strong trend was found such that the average ISA per unit was 1,099 square feet. Therefore, the high-density condominiums are assigned an ISA of 1,099 square feet This is 33% of the ISA for the medium-density condominiums.

Table 4 below shows a summary of the SFEs for single-famlly residential parcels. 2019 CLEAN WATER AND STORM PROTECTION FEE REPORT
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TABLE 4- SUMMARY OF SINGLE-FAMILY RESIDENTIAL PARCELS
I
Median
Total Total Parcel SFE per
I Lot Type Parcel Size Range Parcels* Acres• Size % I A** IS A Parcel Acres SF SF
Small under 0.13 1,526 159 4,792 70% 31354 0.82
Medium 0.13 to 0.22 8,958 1,510 7,405 55% 4,073 1.00
Large 0.23 to 0.40 1,542 420 11,326 45% 5,097 1.25
Extra Large over 0.40 345 460 27,878 35% 9,757 2.40
Condosl (one story) 2,221 95 na na 3,354 0.82
Condos 2+ (2+ stories) 1,246 46 na na 1,099 0.27
15,838 2,690
• Total Pa ree ls an d Acres do not factor into the basis of the SFE calculation; they are shown for informa tional purposes on ly.

NON-SINGLE-FAMILY RESIDENTIAL PARCELS

CITY OF CUPERTINO
Unlike the SFR parcels, the non-SFR parcels can vary widely in size as well as characteristics. For this reason, the parcels have been grouped into land use categories according their %IA characteristics (as shown in Appendix B). The SFE for each land use category is based on a per-acre basis, so size can be a variable in the calculation of the fee.

The SFE-per-acre can be computed for each category using the following formula:
(43,560 sf I acre) x % I A SFE p er Acre = ~--~-~---
4,073 sf
where 4,073 square feet is the amount of ISA in one SFE.

Table 5 below shows a summary of resulting the non-single-family parcel SFEs for each non-SFR land use category.
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