CC 07-21-2026 Searchable Packet.pdf — Cupertino City Council, July 21, 2026 (part 2 of 3)

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Mahvash Harms Title *: Vice President
Signature: Date of Certification: 6/29/2026
Email: [email protected] Phone number: 408-296-5515 Address: 865 The Alameda, San Jose, CA 95126
List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Project Management, Structural Engineering
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant 2nd Tier Subconsultant Consultant: HMH
Project No. Contract No. Date 6/23/2026
Hours Actual Hourly
Rate Total
Principal 24.00 112.00 2,688.00$
Senior Civil Engineer/Surveyor 221.00 85.50 18,895.50$
Engineer 574.00 52.00 $ 29,848.00
Assistant Engineer 332.00 41.50 $ 13,778.00
Field Survey Manager 9.00 90.00 $ 810.00
Senior Field Engineer 16.00 62.05 $ 992.80
Survey Crew Chief 128.00 58.10 $ 7,436.80
Survey Crew Chain 128.00 51.63 $ 6,608.64
Landscape Architecture Manager 0.00 82.50 $ -
Senior Landscape Architect 0.00 67.00 $ -
Landscape Designer 0.00 41.00 $ -
Certfied Project Arborist 40.00 52.50 $ 2,100.00

0.00 94.24 $ -
Senior Civil Engineering or Land Surveying or Landscape Architect Manager 0.00 93.00 $ - Land Development Manager 0.00 94.00 $ -
Civil Engineering, Land Surveying or Landscape Architect Manager 0.00 104.00 $ - Senior Planner 0.00 52.00 $ -
Senior Civil Engineer, Land Surveyor, or Landscape Architect 0.00 93.50 $ - Engineering Design Specialist 0.00 84.00 $ -
Design Specialist 0.00 77.00 $ -
Project Planner 0.00 58.00 $ -
Project Civil Engineer, Land Surveyor, or Landscape Architect 0.00 69.00 $ - Project Arborist 0.00 52.50 $ -
Senior Engineer, Surveyor, or Landscape Designer 0.00 53.00 $ - Engineer, Planner, Surveyor, or Landscape Designer 0.00 56.00 $ - Assistant Engineer, Surveyor, Planner, or Landscape Designer 0.00 43.50 $ - Junior Engineer, Surveyor, Planner, or Landscape Designer 0.00 37.50 $ - Senior Technician 0.00 65.50 $ -
Project Technician 0.00 47.00 $ -
Technician 0.00 42.00 $ -
Assistant Technician 0.00 37.00 $ -
Junior Technician 0.00 28.50 $ -
Intern 0.00 27.00 $ -
Project Support Staff 0.00 89.00
Field Survey Manager 0.00 90.00
Field Engineer 0.00 53.00

LABOR COSTS
$ 83,157.74
$ 2,702.63
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 85,860.37

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] 0
) g) Overhead [(c) x (f)] 0
178.64% ) i) Gen & Admin [(c) x (h)] 153380.9588
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 153,380.96 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 23,924.13 Misc.

Misc.

Linda Grevera
Carissa Norberg
Misc.

Misc.

Misc.
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Note: Mark-ups are Not Allowed
McClellan Road Bridge

DIRECT LABOR
Classification/Title Name
Misc.

Misc.

Jon Cacciotti
Nelly Asican
Shane Steed
Misc.

Kayla Young
Senior Land Development Manager
Anne Carney
Calandra Monasterio
Tammy Chao
Misc.

Misc.

EXHIBIT C - HMH - HOURLY RATES 297
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l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 LS $25,000.00 25,000.00 $
$ -
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS 25,000.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Description of Item
Potholing
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m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 25,000.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 288,165.46
NOTES:

1. 2.

3. Consultant HMH
Project No. Contract No. Date 6/23/2026

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 83,157.74 = $ 56.49 Year 1 Avg Hourly
Rate
Avg Hourly Rate
Year 1 $ 56.49 + = $ 59.32 Year 2 Avg Hourly
Rate
Year 2 $ 59.32 + = $ 62.28 Year 3 Avg Hourly
Rate
Year 3 $ 62.28 + = $ 65.40 Year 4 Avg Hourly
Rate
Year 4 $ 65.40 + = $ 68.67 Year 5 Avg Hourly
Rate
Total Hours
per Year
Year 1 35.00% * = 515.2 Estimated Hours
Year 1
Year 2 65.00% * = 956.8 Estimated Hours
Year 2
Year 3 0.00% * = 0.0 Estimated Hours
Year 3
Year 4 0.00% * = 0.0 Estimated Hours
Year 4
Year 5 0.00% * = 0.0 Estimated Hours
Year 5
Total 100% = 1472.0
Year 1 $ 56.49 * = 29105.209 Estimated Hours
Year 1
Year 2 $ 59.32 * = $ 56,755.16 Estimated Hours
Year 2
Year 3 $ 62.28 * = $ - Estimated Hours
Year 3
Year 4 $ 65.40 * = $ - Estimated Hours
Year 4
Year 5 $ - * = $ - Estimated Hours
Year 5
= $ 85,860.37
= $ 83,157.74
= $ 2,702.63 Transfer to Page 1
1472.0
1472.0
1472.0
Total
1472.0
5%
5%
5%
5%
1472.0
Proposed Escalation
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
McClellan Road Bridge 0
Total Hours
per Cost Proposal

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Direct Labor Subtotal
per Cost Proposal
1472

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
515
957
0 0
0 Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
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NOTES:

1. 2.

3. 4.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Jon Cacciotti Title *: President
Signature: Date of Certification: 6/29/2026
Email: [email protected] Phone number: 3109685085
Address: 1570 Oakland Road, San Jose CA 95131
List services the consultant is providing under the proposed contract:

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided.

Certification of Direct Costs:

Civil Engineering, Landscape Architecture, Survey
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology). 300
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant 2nd Tier Subconsultant Consultant: Avila and Associates
Project No. Contract No. Date 6/23/2026
Hours Actual Hourly
Rate Total
Project Manager 56.00 97.00 $ 5,432.00
Senior Engineer 192.00 73.50 $ 14,112.00
Assistant Engineer 82.00 48.50 $ 3,977.00
Assistant Engineer 10.00 40.14 $ 401.40
0 0.00 0.00 $ -
0 0.00 0.00 $ -
0 0.00 0.00 $ -
0 0.00 0.00 $ -
0 0.00 0.00 $ -
0 0.00 0.00 $ -

LABOR COSTS
$ 23,922.40
$ 1,453.29
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 25,375.69

INDIRECT COSTS

39.79% ) e) Total Fringe Benefits [(c) x (d)] $ 10,096.99

21.53% ) g) Overhead [(c) x (f)] $ 5,463.39

59.86% ) i) Gen & Admin [(c) x (h)] $ 15,189.89
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 30,750.26
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 5,612.59 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
miles $0.70 $ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 61,738.54
NOTES:

1. 2.

3. Anticipated salary increases calculation (page 2) must accompany.

Description of Item
Subconsultant 1:

Subconsultant 2:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Travel/Mileage Costs (supported by Consultant actual cost Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Ernie Avila
Todd Remington
Katherine Gwynn
Dean Xerogeanes
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) h) General & Admin (Rate:

Subconsultant 3:
d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:

EXHIBIT C - AVILA AND ASSOCIATES - HOURLY RATES 301
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Consultant Avila and Associates
Project No. Contract No. Date 6/23/2026

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 23,922.40 = $ 70.36 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 70.36 + = $ 73.88 Year 2 Avg Hourly Rate
Year 2 $ 73.88 + = $ 77.57 Year 3 Avg Hourly Rate
Year 3 $ 77.57 + = $ 81.45 Year 4 Avg Hourly Rate
Year 4 $ 81.45 + = $ 85.52 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 10.00% * = 34.0 Estimated Hours Year 1
Year 2 60.00% * = 204.0 Estimated Hours Year 2
Year 3 30.00% * = 102.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 340.0
Year 1 $ 70.36 * = 2392.24 Estimated Hours Year 1
Year 2 $ 73.88 * = $ 15,071.11 Estimated Hours Year 2
Year 3 $ 77.57 * = $ 7,912.33 Estimated Hours Year 3
Year 4 $ 81.45 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 25,375.69
= $ 23,922.40
= $ 1,453.29 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
0 0
340
5%
5%
5%
Completed Each Year per Cost Proposal
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided.

Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
340.0

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
302
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I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Ernesto Avila Title *: President
Signature: Date of Certification: 6/25/2026
Email: [email protected] Phone number: 415-576-1230 Address: 1300 Galaxy Way, Ste 12, Concord, CA 94520
List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Hydraulic Analysis
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant 2nd Tier Subconsultant Consultant: David J. Powers
Project No. Contract No. Date 6/29/2026
Hours Actual Hourly
Rate Total
Principal Project Manager 75.00 95.25 $ 7,143.75
Project Manager 185.00 61.80 $ 11,433.00
Senior Principal Project Manager 17.00 105.00 $ 1,785.00

0.00 88.23 $ -

0.00 63.86 $ -
Graphic Artist 0.00 39.14 $ -
0 0.00 0.00 $ -
0 0.00 0.00 $ -
0 0.00 0.00 $ -
0 0.00 0.00 $ -

LABOR COSTS
$ 20,361.75
$ 509.04
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 20,870.79

INDIRECT COSTS

48.41% ) e) Total Fringe Benefits [(c) x (d)] 10103.55125 149.21% ) g) Overhead [(c) x (f)] 31141.31135
) i) Gen & Admin [(c) x (h)] 0
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 41,244.86
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 6,211.57 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 1.00 $0.00 $ -
1 1.00 $9,352.50 $ 9,352.50
1 1.00 $30,784.00 $ 30,784.00
1 1.00 $25,396.00 $ 25,396.00
1 1.00 $20,714.00 $ 20,714.00
1 1.00 $16,697.00 $ 16,697.00
1 1.00 $16,740.00 $ 16,740.00
1 1.00 $16,757.00 $ 16,757.00
1 1.00 $7,246.00 $ 7,246.00
l) TOTAL OTHER DIRECT COSTS $ 143,686.50
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 143,686.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 212,013.72
NOTES:

1. 2.

3. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Anticipated salary increases calculation (page 2) must accompany.

U.S. Army Corp of Engineers Permit Application
NES (Sequoia)
BA (Sequoia)
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Visual Impact Analysis (Earthview Science)
Section 106 Report
Permitting Coordination and Facilitation
Subconsultant 1:

Aquatic Resource Delineation and Report
CDFW Streambed Alteration Agreement Application
Regional Water Quality Board Permit Application
a) Subtotal Direct Labor Costs
Demetri Loukas
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Senior Project Manager
Project Manager
Tyler Rogers
John Hesler
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Consultant David J. Powers
Project No. Contract No. Date 6/29/2026

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 20,361.75 = $ 73.51 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 73.51 + = $ 77.18 Year 2 Avg Hourly Rate
Year 2 $ 77.18 + = $ 81.04 Year 3 Avg Hourly Rate
Year 3 $ 81.04 + = $ 85.09 Year 4 Avg Hourly Rate
Year 4 $ 85.09 + = $ 89.35 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 50.00% * = 138.5 Estimated Hours Year 1
Year 2 50.00% * = 138.5 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 277.0
Year 1 $ 73.51 * = 10180.875 Estimated Hours Year 1
Year 2 $ 77.18 * = $ 10,689.92 Estimated Hours Year 2
Year 3 $ 81.04 * = $ - Estimated Hours Year 3
Year 4 $ 85.09 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 20,870.79
= $ 20,361.75
= $ 509.04 Transfer to Page 1
NOTES:

1. 2.

3. 4.

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 139
139
0 0
0 Completed Each Year per Cost Proposal
277.0
277.0
277.0
277.0
277.0
Total
Total Direct Labor Cost with Escalation

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
277

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
0 0
305
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I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Will Burns Title *: Vice President and Principal Project Manager Signature: Date of Certification: 6.29.2026
Email: [email protected] Phone number: 510-902-5851 Address: 1871 The Alameda, Suite 200, San Jose, CA 95126 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

CEQA and NEPA compliance and regulatory agency permiting. 306
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant 2nd Tier Subconsultant Consultant: Parikh
Project No. Contract No. Date 6/25/2026
Hours Actual Hourly
Rate Total
Project Manager 8.00 113.88 911.04$
Sr. Project Engineer/QA QC Manager 12.00 87.56 $ 1,050.72 Senior Engineer - II 54.00 90.00 $ 4,860.00
Sr. Project Engineer/Geologist 10.00 70.00 $ 700.00
Project Geologist/CEG 14.00 70.00 $ 980.00
Staff Engineer 88.00 50.00 $ 4,400.00
Field Engineer/Geologist 32.00 62.50 $ 2,000.00
Lab Technician 24.00 40.00 $ 960.00
Drafting/Cadd Tech 14.00 47.50 $ 665.00
Project Control 4.00 90.00 $ 360.00
Technical Editor 4.00 40.00 $ 160.00

LABOR COSTS
$ 17,046.76
$ 600.90
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 17,647.66

INDIRECT COSTS

43.10% ) e) Total Fringe Benefits [(c) x (d)] 7606.140723 134.15% ) g) Overhead [(c) x (f)] 23674.3336
) i) Gen & Admin [(c) x (h)] 0
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 31,280.47
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 4,892.81 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
D. Wang
G. Parikh
McClellan Road Bridge Reconstruction
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

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Quantity Unit Unit Cost Total
0 per $0.00 $ -
1 per $375.00 $ 375.00
1 per $4,500.00 $ 4,500.00
1 per $13,400.00 $ 13,400.00
1 per $1,000.00 $ 1,000.00
1 per $9,500.00 $ 9,500.00
l) TOTAL OTHER DIRECT COSTS $ 28,775.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 28,775.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 82,595.95
NOTES:

1. 2.

3. Traffic Control Plans and Traffic Control
Drilling
Description of Item
Subconsultant 1:

Encroachment Permits
Drilling Permits
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Anticipated salary increases calculation (page 2) must accompany.

Pavement Restoration
Outside Laboratory Testing
Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:
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Consultant Parikh
Project No. Contract No. Date 6/25/2026

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 17,046.76 = $ 64.57 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 64.57 + = $ 67.80 Year 2 Avg Hourly Rate
Year 2 $ 67.80 + = $ 71.19 Year 3 Avg Hourly Rate
Year 3 $ 71.19 + = $ 74.75 Year 4 Avg Hourly Rate
Year 4 $ 74.75 + = $ 78.49 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 40.00% * = 105.6 Estimated Hours Year 1
Year 2 50.00% * = 132.0 Estimated Hours Year 2
Year 3 10.00% * = 26.4 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 264.0
Year 1 $ 64.57 * = 6818.704 Estimated Hours Year 1
Year 2 $ 67.80 * = $ 8,949.55 Estimated Hours Year 2
Year 3 $ 71.19 * = $ 1,879.41 Estimated Hours Year 3
Year 4 $ 74.75 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 17,647.66
= $ 17,046.76
= $ 600.90 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
McClellan Road Bridge Reconstruction 0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
264

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
264.0
264.0
264.0
Total
Total Direct Labor Cost with Escalation

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 106
132
26 0
0 Completed Each Year per Cost Proposal
264.0
264.0
309
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I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Frank Y. Wang Title *: Principal
Signature: Date of Certification: 6/25/2026
Email: [email protected] Phone number: (408) 452-9000 Address: 1497 N. Milpitas Blvd, Milpitas, CA 95035
List services the consultant is providing under the proposed contract:

Geotechnical Engineering Services
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 310
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City of Cupertino EXHIBITS A & B
ST 066 McClellan Road Bridge Reconstruction – Biggs Cardosa Associates, Inc. Page 25 EXHIBIT B – Schedule of Performance
Consultant shall complete all work no later than June 30, 2030, unless extended by a contract amendment.

This Schedule of Performance establishes the milestones for commencement and completion of the Tasks as specified in Exhibit A, Scope of Services and will be specified in the written proposal and corresponding approval of each phase of the work. 311
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Printed on: Wednesday 10/16/2024 09:56 AM Page 1 of 37C0220/AAAM/129987 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 Routine-Roadway View (05/04/2022) Routine-Elevation View (05/04/2022) Routine-Underside View (05/04/2022) Routine-Map View (05/31/2022)

PHOTOGRAPH IDENTIFICATION

LOCATION E STEVENS CANYON RD
TEAM LEADER Morgan Delgado

FACILITY CARRIED MCCLELLAN RD
No.

REPORT AUTHOR Morgan Delgado

FEATURE INTERSECTED STEVENS CREEK

BRIDGE LOCATION INFORMATION
LATITUDE 37°18'46.53"
Louis D. Nash (Registered Civil Engineer)
INSPECTED BY M.Delgado/SW.Kung

CULVERT N N/A (NBI)
DECK 7 GOOD
SUBSTRUCTURE 7 GOOD
SUPERSTRUCTURE 5 FAIR SUFFICIENCY RATING 47.5

STRUCTURALLY DEFICIENT (SD) STATUS NOT SD
109

PAINT CONDITION N/A

STRUCTURAL HEALTH CONDITION SUMMARY INFORMATION
STRUCTURE EVALUATION 4 MINIMUM TOLERABLE
LONGITUDE 122°03'50.55"
SCOUR 8 STABLE ABOVE FOOTING
INVENTORY RTE(ON/UNDER) ON 150000000
POSTMILE 0

ON NATIONAL HIGHWAY SYSTEM NOT ON NHS
(9)
(11)
(16)
(17)
(7)
(6)
(5)
(104)
(58)
(59)
(60)
(62)
(67) (113)
Routine Inspection

BRIDGE INSPECTION REPORT
Louis D.

Nash
03/31/2026
CIVIL
85134
10/16/2024
Date
Exp.

BRIDGE NO.:
37C0220
STRUCTURE NAME:

STEVENS CREEK May 15, 2024
INSPECTION DATE:

DECK AREA (M) 2

ATTACHMENT C
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Printed on: Wednesday 10/16/2024 09:56 AM Page 2 of 37C0220/AAAM/129987 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 Original (1920): Single span RC T-girders (4) with an RC deck on RC diaphragm abutments with monolithic wingwalls. All founded on spread footings.
1976 Left Widening: Single span RC T-girders (2, total 6) with an RC deck on RC diaphragm abutments with monolithic wingwalls. All founded on spread footings.
1 @ 33 ft

STRUCTURE DESCRIPTION

SPAN CONFIGURATION
(37)SANTA CLARA
04 (17610) CUPERTINO

BORDER BRIDGE STRUCTURE NUMBER

BORDER BRIDGE STATE CODE

COUNTY CODE

HIGHWAY DISTRICT

STATE NAME

PLACE CODE
% SHARE

AGENCY INFORMATION

CONSTRUCTION INFORMATION

YEAR BUILT

YEAR MODIFIED

LENGTH (M)
JOINTS
1920
SKEW
NO. OF HINGES
1976

10.7 15
0 0

MAIN SPANS
APPR SPANS 0
1 LOAD CAPACITY

DESIGN LOAD

INVENTORY RATING

OPERATING RATING

CALC METHOD

CALC METHOD
0 UNKNOWN
RF=0.48 =>15.6 metric tons
RF=0.80 =>25.9 metric tons
0 FIELD EVAL/ENG JUDG.
0 FIELD EVAL/ENG JUDG.

PERMIT RATING

POSTING LOADS
Legal
Type 3
Type 3S2
Type 3-3
Legal
Legal
OOOOO
MAX SPAN (M) 10.1
Unimpaired 99.99 M

MINIMUM VERTICAL CLEARANCE MINIMUM LATERAL UNDERCLEARANCE STR FLARE 0-NO

NBIS BR LENGTH Y
STRUCTURE TYPE MAIN 1: CONCRETE
DESIGN TYPE MAIN 04: TEE BEAM
STRUCTURE TYPE APPR 0: OTHER/ NOT APPLICABLE
DESIGN TYPE APPR 00: OTHER/NOT APPLICABLE

BRIDGE POSTING

STRUCTURE STATUS
(56) MIN LAT UNDERCLEAR LT 0.0 M
(53) MIN VERT CLEAR OVER BRIDGE RDWY (55) MIN LAT UNDERCLEAR RT REF 0.0 M (54) MIN VERT UNDERCLEAR REF 0.00 M
5 AT/ABOVE LEGAL LOADS

A-OPEN, NO RESTRICTION

N-NOT H/RR

INSPECTION INFORMATION
CRITICAL FEATURE INSPECTION (93) CFI DATE

NSTM INSP N-NO MO A)

OTHER SPECIAL INSP N-NO MO C)

UNDERWATER INSP N-NO MO B)
INSPECTION DATE 05/24 (91) FREQUENCY 24 MO
MAINTAIN 04 CITY OR MUNICIPAL HI
OWNER 04 CITY OR MUNICIPAL HI
Safe
Loads
N/A
N/A
N/A
Existing
Ordinance/Order
N/A
N/A
Posting
Signs
U.S. Tons
U.S. Tons
U.S. Tons
Speed 25 N/A N/A MPH
Additional Ordinance/Order Requirements
Additional Signs
Load Rating Summary Date
Load Rating Type
06/23/10
CALIFORNIA 069

N/A N/A
N/A
N/A
N/A
N/A
Posting Date N/A
(1)
(2)
(3)
(4)
(21)
(22)
(98)
(99)
(90)
(92)
A)
B)
C)
(27)
(106)
(34)
(49)
(112)
(45)
(46)
(48)
(35)
(43a)
(43b)
(44a)
(44b)
(31)
(66)
(64)
(41)
(65)
(63)
(70)

OPERATIONAL INFORMATION
OVERLAY THICKNESS 1 inches
Load Rating Tool - Date None - 06/23/10
Assigned no plans
N/A

STRUCTURE OVERVIEW
NONE
NONE
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Printed on: Wednesday 10/16/2024 09:56 AM Page 3 of 37C0220/AAAM/129987 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 UNDERWATER INVESTIGATION DETAILS - NOT APPLICABLE FOR THIS BRIDGE.

STEEL INVESTIGATION DETAILS

SCOPE AND ACCESS
There was approximately 18 inches of clear, flowing water across Abutment 2 at the time of this routine inspection. All other bridge elements were dry. Abutment 2 was sighted through clear water.

No other access limitations were encountered and a complete routine inspection was performed.

SAFE LOAD CAPACITY
The load rating for this structure is being reviewed by SMI Ratings Branch under Work Request Number 13462. An updated Load Rating Summary will be archived when this review is complete. The current rating has been temporarily assigned to this structure in accordance with SMI procedures dated 06/23/2010.

WATERWAY
A new channel cross section was taken during this inspection and is included with this report. When compared to the previous cross section taken on 04/15/2014, there were no significant changes in the channel elevations.

INSPECTION COMMENTARY

TYPE OF MEMBRANE

TYPE OF DECK PROTECTION

DECK STRUCTURE TYPE

TYPE OF WEARING SURFACE

WEARING SURFACE / PROTECTIVE SYSTEM
AVERAGE DAILY TRAFFIC 4509
YEAR OF ADT 2020
BYPASS, DETOUR LENGTH 2 KM
(109) TRUCK ADT % 1 %
FUTURE ADT 7309
YEAR OF FUTURE ADT 2045
HISTORICAL SIGNIFICANCE 5: NOT ELIGIBLE FOR NRHP
6-BITUMINOUS
0-NONE
0-NONE
1-CIP CONCRETE

DECK STRUCTURE INFORMATION

10.2 M

9.1 M

DECK AND ROADWAY
LANES 2
25 0-NOT ON NHS

PARALLEL STRUCTURE

TEMPORARY STRUCTURE

DEFENSE HIGHWAY

FUNCTIONAL CLASS
SPEED

NATIONAL HIGHWAY SYSTEM
TOLL

DIRECTION OF TRAFFIC

DESIGNATED NATIONAL NETWORK

TYPE OF SERVICE

FEDERAL LANDS HWY
APPR ROADWAY ALIGN 6 EQUAL MIN CRITERIA
DECK GEOMETRY 4 TOLERABLE
APPROACH RDWY WIDTH 9.1 M

BRIDGE MEDIAN
CURB OR SIDEWALK LEFT 0.0 M RIGHT 0.4 M

TOTAL WIDTH

NET WIDTH
INVENTORY ROUTE TOTAL HORIZ CLEAR 9.1 M
INVENTORY ROUTE MIN VERT CLEAR 99.99 M
3-ON FREE ROAD
08-MINOR COLLECTOR RURAL
0-NOT STRAHNET

N-NONE EXISTS
2-2 WAY
0-NOT APPLICABLE
0-NOT ON NET
0 NO MEDIAN
1-HIGHWAY

DECK GEOMETRY DECK ROADWAY/OPERATIONAL INFORMATION

1.5 ft br, 29.75 ft, 1.25 ft cu, 1 ft br

DECK CROSS SECTION

LRS INVENTORY RTE & SUBRTE
BASE HIGHWAY NETWORK 0-NOT ON NET
- NOT APPLICABLE FOR THIS BRIDGE.

OVERLAY THICKNESS (inches) 1 inches
N/A
(51)
(52)
(50)
(32)
(33)
(107)
(108)
A)
B)
C)
(29)
(30)
(19)
(114)
(115)
(37)
(42a)
(12)
(13)
(104)
(26)
(100)
(101)
(102)
(10)
(47)
(68)
(72)
(105)
(110)
(20)
(28a)
(103)

CONDITION INFORMATION
(49) LENGTH 10.7 M
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Qty in each Condition State
16 Top Flange-RC 2 109 sq.m 94 15 0 0

DECK ELEMENT INSPECTION RATINGS AND NOTES
Defect/
Prot Defect
(58) DECK RATING =7

SPECIAL INSPECTION INFORMATION
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Printed on: Wednesday 10/16/2024 09:56 AM Page 4 of 37C0220/AAAM/129987 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 110 Girder/Beam-RC
Delamination/Spall/Patched Area
Exposed Rebar (PS Conc./RC)
2 2
2 61
40 4
m
each
each
17 0
0 43
39 4
1 1
0 0
0 0

SUPERSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
1080
1090

SUPERSTRUCTURE
(59) SUPERSTRUCTURE RATING = 5
(110) Girder/Beam-RC
(110-1080) Delamination/Spall/Patched Area
(110-1090) Exposed Rebar (PS Conc./RC)
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Qty in each Condition State
Delamination/Spall/Patched Area
Efflorescence/Rust Staining
Deck Wearing Surface-Asphalt
2 2
2 11
4 98
each
each
sq.m
0 0
98 11
4 0
0 0
0 0
0 0

DECK ELEMENT INSPECTION RATINGS AND NOTES
Defect/
Prot
1080
1120
510
Defect
(16-1080) Delamination/Spall/Patched Area
(16-1120) Efflorescence/Rust Staining
(16-510) Deck Wearing Surface-Asphalt
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
There are random soffit patches throughout the original portion of the structure that are up to 3 feet in diameter. These patches appear to be functioning as intended. See Photo 8 of the 05/2022 routine inspection.

There are a few random areas of light efflorescence in the soffit in the original portion of the structure. See Photo 5 of the 05/2022 routine inspection.

There were no significant defects noted.

Girders 3 through 6 have hairline vertical cracks that are spaced as close as 4 feet on center. No defect is warranted at this time.

There are patched areas of various sizes throughout Girders 3 through 6. See Photo 1.

The bottom of Girder 6 has a spalled area near the quarter span point. This spall is approximately 2 feet long by 12 inches wide by

2.5 inches deep with exposed, lightly corroded rebars. See Photo 2. (58) DECK RATING =7
(36a) Rail Code 0 0 0 0
331 Railing-RC
Delamination/Spall/Patched Area
Damage
2 2
2 22
1 1
m
each
each
21 0
0 0
0 0
1 1
1 0
0 0

JOINT/APPROACH/RAIL ELEMENT INSPECTION RATINGS AND NOTES 1080
7000

RAIL INFORMATION
(36b) Transition (36c) Appr Guardrail (36d) Appr Guardrail End Roadway Speed 25 MPH

JOINT - APPROACH - RAIL
(331-1080) Delamination/Spall/Patched Area
(331-7000) Damage
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
There is a spall with exposed reinforcing, approximately 18 inches high by 18 inches long by 6 inches deep, in the concrete end post of the right bridge rail at Abutment 2. Due to the location of the spall and the bending of the rebar, it is assumed that this condition is due to vehicular impact. See Photo 1 of the 05/2020 routine inspection.

See element 1080 - Delamination/Spall - above for more information. 315
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Printed on: Wednesday 10/16/2024 09:56 AM Page 5 of 37C0220/AAAM/129987 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 DESCRIPTION UNDER STRUCTURE

CHANNEL DESCRIPTION
Gravel and cobbles with moderate vegetation along channel banks upstream and downstream of the structure.

Photo 1
Typical patched girder areas, as seen on Girder 3
Photo 2
Spall with exposed rebar in the bottom of Girder 6

SUPERSTRUCTURE PHOTOGRAPHS

SUBSTRUCTURE PHOTOGRAPHS

TYPE OF SERVICE UNDER

UNDERCLEARANCES V - H N NOT APPLICABLE (NBI)
WATER ADEQUACY 6 EQUAL MINIMUM

VERT-LIFT BRIDGE NAV MIN VERTICAL CLEAR M

NAVIGATION CONTROL
NAVIGATION HORIZONTAL CLEARANCE 0.0 M
NAVIGATION VERTICAL CLEARANCE 0.0 M

PIER PROTECTION
5-WATERWAY 0: NO CONTROL
SCOUR 8 STABLE ABOVE FOOTING

SCOUR POA DATE N/A
CHANNEL PROTECTION 6 BANK SLUMPING
N/A
(42b)
(69)
(71)
(61)
(113)
(38)
(111)
(39)
(116)
(40)

SUPERSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
215 Abutment-RC
Delamination/Spall/Patched Area
2 2
36 4
m
each
32 0
4 4
0 0

SUBSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
0 1080 0

SUPERSTRUCTURE

SUBSTRUCTURE
(59) SUPERSTRUCTURE RATING = 5
(60) SUBSTRUCTURE RATING = 7
(110-1090) Exposed Rebar (PS Conc./RC)
(215) Abutment-RC
(215-1080) Delamination/Spall/Patched Area
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
This quantity includes monolithic wingwalls.

The original portion of the abutments has numerous patched areas of various sizes. See Photo 3.

Girder 6 has 3 exposed, lightly corroded rebars due to insufficient cover near Abutment 2. Additionally, the area around these exposed rebars is unsound. See Photo 7 of the 05/2022 routine inspection. 316
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Printed on: Wednesday 10/16/2024 09:56 AM Page 6 of 6 37C0220/AAAM/129987 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations Side Upstream X-Section Date 05/15/2024
Measured From Top of rail (RT)

3.50 4.10

4.40 4.20
Vert(m)
Face of abutment
EOW
Thalweg
Face of abutment
Abutment 1
Abutment 2
Location

CHANNEL X-SECTION
Horiz(m) Comments

0.00 1.00

8.00 9.50

OTHER WORK RECOMMENDATIONS - NONE
Photo 3
Patched areas on Abutment 2

SUBSTRUCTURE PHOTOGRAPHS

JOINT/APPR/RAIL WORK RECOMMENDATIONS

SUPERSTRUCTURE WORK RECOMMENDATIONS

SUBSTRUCTURE WORK RECOMMENDATIONS - NONE
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Rail-Repair
05/21/2016
Str Target ROUTINE
Patch the spalled area in the right bridge rail post adjacent to Abutment 2.

Dist Target
Status PROPOSED EA
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Super-Patch spalls
04/11/2006
Str Target ROUTINE
Chip out any unsound concrete in Girder 6. Clean and patch with a suitable material. (Revised 05/31/22 L. Nash) Dist Target
Status PROPOSED EA

DECK WORK RECOMMENDATIONS - NONE

SUBSTRUCTURE

WORK RECOMMENDATIONS
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37C0220 STEVENS CREEK E STEVENS CANYON RD
107 - Super-Damage/Deterioration
May 15, 2024 [AAAM]
Typical patched girder areas, as seen on Girder 3
Photo #1
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37C0220 STEVENS CREEK E STEVENS CANYON RD
107 - Super-Damage/Deterioration
May 15, 2024 [AAAM]
Spall with exposed rebar in the bottom of Girder 6
Photo #2
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37C0220 STEVENS CREEK E STEVENS CANYON RD
113 - Sub-Damage/Deterioration
May 15, 2024 [AAAM]
Patched areas on Abutment 2
Photo #3
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Collision Summary Report
County of Santa Clara
5/26/26
From 1/1/2016 to 12/31/2025Total Collisions: 12Injury Collisions: 7Fatal Collisions: 0MC CLELLAN RD from MIRA VISTA AVE to TRESSLER CT Page 1 of 316-298-0094C 10/24/2016 09:27 Monday Other Fixed Object

MC CLELLAN RD - CLUBHOUSE LN
Unsafe Speed
85' Direction: East
22350 Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 Daylight Cloudy Pty at Fault:1
M/C Helmet Driver - No Cell Phone Not In Use
Female Age: 29
Assoc Factor: None Apparent
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 1 Bicyclist East SPECIALIZED MTN BIKE Bicycle
17-055-0303C 2/24/2017 13:09 Friday
Hit Object Fixed Object

MC CLELLAN RD - MIRA VISTA AVE
Improper Turning
50' Direction: South
22107 Hit & Run: No Property Damage Only # Inj: 0 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
Male Age: 17
Assoc Factor: None Apparent
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 1 Driver South 2007TOYOTA CAMRY Passenger Car, Station Wagon, Jeep 17-148-0263C 5/28/2017 17:14 Sunday
Other Bicycle

MC CLELLAN RD - CLUBHOUSE LN
Auto R/W Violation
6' Direction: East
21801A Hit & Run: No Severe Injury # Inj: 1 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
Female Age: 43
Assoc Factor: Other
Making Left Turn
Veh Type: Sobriety: HNBD
Party 1 Driver East 2003INFINITI FX35 Passenger Car, Station Wagon, Jeep No Injury M/C Helmet Driver - No Cell Phone Not In Use
Male Age: 53
Assoc Factor: None Apparent
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 2 Bicyclist West CERVELO 3T Bicycle Severe Injury 17-285-0088C 10/12/2017 08:38 Thursday
Head-On Other Motor Vehicle

MC CLELLAN RD - MIRA VISTA AVE
Other Hazardous Movement
17' Direction: West
21460A Hit & Run: No Property Damage Only # Inj: 0 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
Female Age: 19
Assoc Factor: None Apparent
Making Right Turn
Veh Type: Sobriety: HNBD
Party 1 Driver East 2017HONDA CIVIC Passenger Car, Station Wagon, Jeep No Injury Lap/Shoulder Harness Used Cell Phone Not In Use
Female Age: 55
Assoc Factor: None Apparent
Making Left Turn
Veh Type: Sobriety: HNBD
Party 2 Driver West 2016HONDA ODYSSEY Mini Van No Injury 18-091-0209C 4/1/2018 14:00 Sunday
Rear-End Other Motor Vehicle

MC CLELLAN RD - TRESSLER CT
Unsafe Speed
500' Direction: West
22350 Hit & Run: No Property Damage Only # Inj: 0 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
Female Age: 44
Assoc Factor: None Apparent
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 1 Driver West 2015TOYOTA SIENNA Mini Van No Injury Lap/Shoulder Harness Used Cell Phone Not In Use
Male Age: 41
Assoc Factor: None Apparent
Stopped In Road
Veh Type: Sobriety: HNBD
Party 2 Driver West 2014HONDA ACCORD Passenger Car, Station Wagon, Jeep No Injury 18-097-0056C 4/7/2018 02:00 Saturday
Hit Object Fixed Object

MC CLELLAN RD - CLUBHOUSE LN
Improper Turning
240' Direction: West
22107 Hit & Run: Misde Property Damage Only # Inj: 0 # Killed: 0 Dark - No Street Raining Pty at Fault:1
Lap/Shoulder Harness Used
Female Age: 24
Assoc Factor: None Apparent
Ran Off Road
Veh Type: Sobriety: Impairment Not Kno
Party 1 Driver West 2017JEEP CHEROKEE Passenger Car, Station Wagon, Jeep No Injury 18-161-0244C 6/10/2018 16:02 Sunday
Hit Object Fixed Object

MC CLELLAN RD - CLUBHOUSE LN
Unsafe Speed
456' Direction: East
22350 Hit & Run: No Severe Injury # Inj: 1 # Killed: 0
Daylight Clear Pty at Fault:1

ATTACHMENT D
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MC CLELLAN RD from MIRA VISTA AVE to TRESSLER CT Page 2 of 3 M/C Helmet Driver - Yes Cell Phone Not In Use
Male Age: 24
Assoc Factor: Other
Proceeding Straight
Veh Type: Sobriety: Impairment Not Kno
Party 1 Driver West 2017HONDA Motorcycle Severe Injury
19-192-0285C 7/11/2019 14:13 Thursday
Hit Object Fixed Object

MC CLELLAN RD - CLUBHOUSE LN
Unsafe Starting or Backing
80' Direction: East
22106 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
Male Age: 58
Assoc Factor: None Apparent
Backing
Veh Type: Sobriety: HNBD
Party 1 Driver West 2005GMC YUKON Sport Utility Vehicle Complaint of Pain 20-182-0264C 6/30/2020 17:04 Tuesday
Head-On Bicycle

MC CLELLAN RD - CLUBHOUSE LN
Auto R/W Violation
0' Direction: Not Stated
21801A Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used
Male Age: 78
Assoc Factor: Vision Obscureme
Making Left Turn
Veh Type: Sobriety: HNBD
Party 1 Driver West 2013HYUNDAI SONATA Passenger Car, Station Wagon, Jeep No Injury M/C Helmet Driver - Yes
Male Age: 43
Assoc Factor: Violation
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 2 Bicyclist East C&N E-BIKE Bicycle Other Visible Injury 22-239-0200C 8/27/2022 15:05 Saturday
Broadside Bicycle

MC CLELLAN RD - CLUBHOUSE LN
Improper Turning
0' Direction: Not Stated
22107 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
M Age: 55
Assoc Factor: None Apparent
Making Left Turn
Veh Type: Sobriety: HNBD
Party 1 Driver WEST 2010Toyota Sienna Mini Van
M/C Helmet Driver - Yes Cell Phone Not In Use
M Age: 42
Assoc Factor: None Apparent
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 2 Bicyclist EAST CERVELO P2 Bicycle
23-229-0239C 8/17/2023 15:24 Thursday
Sideswipe Bicycle

MC CLELLAN RD - CLUBHOUSE LN
Auto R/W Violation
0' Direction: Not Stated
21801A Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
M Age: 27
Assoc Factor: None Apparent
Making Left Turn
Veh Type: Sobriety: HNBD
Party 1 Driver WEST 2022Ford F-150 Other Commercial
M/C Bicycle Helmet Driver - Y Cell Phone Not In Use
M Age: 15
Assoc Factor: None Apparent
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 2 Bicyclist EAST 2022CO-OP CTYE2.2 Bicycle
24-144-0103C 5/23/2024 09:02 Thursday
Broadside Other Motor Vehicle

MC CLELLAN RD - CLUBHOUSE LN
Auto R/W Violation
375' Direction: EAST
21801A Hit & Run: No Property Damage Only # Inj: 0 # Killed: 0 Daylight Clear Pty at Fault:1
Lap/Shoulder Harness Used Cell Phone Not In Use
F Age: 80
Assoc Factor: None Apparent
Making Left Turn
Veh Type: Sobriety: HNBD
Party 1 Driver EAST 2013Audi Q5 Sport Utility Vehicle
Lap/Shoulder Harness Used Cell Phone Not In Use
F Age: 42
Assoc Factor: None Apparent
Proceeding Straight
Veh Type: Sobriety: HNBD
Party 2 Driver WEST 2016Subaru Forester Passenger Car, Station Wagon, Jeep 322
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MC CLELLAN RD from MIRA VISTA AVE to TRESSLER CT Page 3 of 3 Segment Length: 0.32 miles (1,667')Settings for Query:Start Date: 1/1/2016, End Date: 06/30/2025 (on PD Data)Segment: MC CLELLAN RD between MIRA VISTA AVE and TRESSLER CTInclude Intersection Related at Limit 1 (MIRA VISTA AVE): TrueInclude Intersection Related at Limit 2 (TRESSLER CT): TrueInclude Intersection Related at Intermediate Intersections: TrueCity: CupertinoData used to produce this report is sourced from SWITRS and the most recent data year is considered ProvisionalSorted By: Date and Time 323
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CITY OF CUPERTINO
Agenda Item
26-15180 Agenda Date: 7/21/2026
Agenda #: 8.

Subject: Approval of a Resolution submitting an Ordinance to the voters to amend the General Plan and add Title 21 to the Municipal Code to Require any Rezoning of Parks, Parklands, or Open Space to be Approved by Two-Thirds of Cupertino Voters, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election.

Adopt Resolution No. 26-84 submitting an Ordinance (ballot measure) to the voters to amend the General Plan and add Title 21 to the Municipal Code to require rezoning of parks, parklands, or open space to be approved by two-thirds of Cupertino voters, placing the measure on the November 3, 2026 General Municipal Election ballot, and consolidating it with the statewide election.

CITY OF CUPERTINO Page 1 of 1 Printed on 7/16/2026
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FINANCE DEPARTMENT

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

CITY COUNCIL STAFF REPORT
Date: July 21, 2026
Subject
Approval of a Resolution submitting an Ordinance to the voters to amend the General Plan and add Title 21 to the Municipal Code to Require any Rezoning of Parks, Parklands, or Open Space to be Approved by Two-Thirds of Cupertino Voters, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election.

Recommended Action
Adopt Resolution No. 26-__ submitting an Ordinance (ballot measure) to the voters to amend the General Plan and add Title 21 to the Municipal Code to require rezoning of parks, parklands, or open space to be approved by two-thirds of Cupertino voters, placing the measure on the November 3, 2026 General Municipal Election ballot, and consolidating it with the statewide election.

Background
The City desires to retain areas zoned as park, parkland or open space. To further restrict these zoned areas from being developed into residential, commercial, or industrial areas, on March 17, 2026, the City Council directed staff to contract for ballot measure support services that evaluated amending the General Plan to require two-thirds voter approval before this could occur.

On April 7, Council approved funding for TeamCivX and Godbe Research to provide ballot measure support that included survey development, feasibility analysis, and communication related to the measure while also allocating funding for the Santa Clara County Registrar of Voters (“Registrar of Voters”) estimated costs to place this measure in the November 3, 2026 General Municipal Election.

On July 7, Council received a report identifying results of a public opinion survey conducted June 3 – June 17 of likely Cupertino voters related to this ballot measure. Council directed staff to develop a ballot measure that would amend the General Plan to require rezoning of parks, parklands, or open space to be approved by two-thirds of Cupertino voters. Council also identified Councilmembers that would draft the primary and rebuttal arguments for this measure.
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Since July 7, staff worked with TeamCivX to develop and distribute communication to Cupertino residents to inform them of the impacts of this ballot measure. Communication outreach included information on the City website at www.cupertino.gov/measures, posting on the City’s social media channels, a message in the City Manager newsletter, and information for Councilmembers to address potential resident questions. All communication was reviewed by the City Attorney’s Office for compliance with State Law AB 1234 and provides contact information if residents desire additional information.

Reasons for Recommendation and Available Options
Based on the results of a public opinion survey of likely Cupertino voters conducted in June, approximately 70% favored a General Plan amendment to require rezoning of parks, parklands, or open space be approved by two-thirds of Cupertino voters. A few reasons indicated as most favorable in the survey included maintaining parks and open space, and maintaining safe bike paths and safe routes to school. At the July 7 Council meeting, Council approved proceeding with a ballot measure for this General Plan amendment. The proposed Ordinance is included as Exhibit A to the attached Draft Resolution (Attachment A). The current map of park and open spaces identified in Cupertino are included in the Ordinance as Exhibit C, while a list of these sites included in the Ordinance as Exhibit D.

The proposed ballot language in the draft resolution has been reviewed by the City Attorney’s Office and meets the applicable state requirements for a ballot measure. The impartial analysis will be developed by Aleshire & Wynder in accordance with state law. The resolution includes direction for the Registrar of Voters to take all actions necessary to place the measure on the November 3, 2026 ballot. The Registrar of Voters requires an approved City Council resolution by August 7 to qualify the measure for the election. The primary and rebuttal arguments are being developed by assigned Councilmembers through an ad hoc committee. Primary arguments must be filed with the City Clerk’s Office by August 11 and rebuttal arguments must be submitted by August 18. The impartial analysis will be submitted to the City Clerk by August 11.

If approved, staff will coordinate with the City Clerk, City Attorney’s Office and TeamCivX to post the appropriate legal notices, deliver all required ballot information to the Registrar of Voters and pay the required costs associated with placing the measure on the November 3, 2026 General Municipal Election ballot. Additionally, staff will coordinate with TeamCivX to develop and distribute updated communication to residents regarding the status of the ballot measure.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The Registrar of Voters costs for a single ballot measure is approximately $93,000. On June 2, 2026, the City Council adopted Resolution No. 26-066 calling the November 3, 2026 General Municipal Election and approving the associated election costs for three City Council seats. Approval of this ballot measure would result in additional election costs of approximately $93,000. The actual cost will be finalized following submission of the ballot materials to the Registrar of Voters. Any remaining appropriated funds will be returned to the General Fund. This funding was previously approved by City Council on April 7.
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The TeamCivX contract supports developing and distributing internal and external communications, assisting with final ballot measure development, reviewing ballot information, and ensuring the measure qualifies with the Registrar of Voters and is at a not-to-exceed amount of $14,625 for this ballot measure. Ongoing monthly consulting is at a fee of $7,500. Production and distribution of mailed informational brochures is at a cost of $16,500 per mailing, with two mailings proposed. Total not-to-exceed costs for TeamCivX to continue with ballot measure support is approximately $62,625. Any appropriated funds not utilized for this support will be returned to the General Fund. This funding was previously approved by City Council on April

7. City Work Program (CWP) Item/Description
Yes FY 25-26, Protections for Parkland, Consider establishing protections for parkland, similar to those adopted by the cities of Sunnyvale and Milpitas.

Council Goal:

Environmental Sustainability
California Environmental Quality Act
No California Environmental Quality Act impact
_____________________________________
Prepared by: Greg Card, Purchasing Manager
Reviewed by: Jonathan Orozco, Director of Finance
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution (and Draft Ordinance – Exhibit A)
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RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING THE

SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF A CERTAIN

MEASURE RELATING TO AN INITIATIVE ORDINANCE AMENDING

THE CITY OF CUPERTINO GENERAL PLAN TO REQUIRE VOTER

APPROVAL BEFORE CERTAIN PARKS, PARKLANDS OR OPEN SPACE

MAY BE REZONED OR DEVELOPED FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL USES; REQUESTING CONSOLIDATION WITH THE
STATEWIDE GENERAL ELECTION; REQUESTING PERFORMANCE OF

ELECTION SERVICES FROM THE COUNTY OF SANTA CLARA
REGISTRAR OF VOTERS; SETTING RULES FOR ARGUMENTS,
IMPARTIAL ANALYSIS, REBUTTALS, AND PUBLIC EXAMINATION; AND

DIRECTING RELATED ACTIONS
WHEREAS, lands designated or used for parks, parkland and open space provide important recreational, environmental, scenic, habitat, and quality of life benefits to the residents of the City of Cupertino (the "City"); and
WHEREAS, the City Council desires to submit to the qualified voters of the City an initiative ordinance that would amend the City of Cupertino General Plan and require certain proposals to rezone parks, parklands or open space to residential, commercial or industrial uses, or to authorize residential, commercial or industrial development in parks, parkland or open space, to be submitted to Cupertino voters and approved by a two-thirds vote, as set forth in the ordinance attached hereto as Exhibit A; and WHEREAS, Elections Code section 9222 authorizes the City Council to submit ordinances to the voters; and
WHEREAS, Elections Code sections 10400 et seq. authorize the consolidation of municipal elections with statewide elections; and
WHEREAS, the proposed initiative ordinance is attached to this Resolution as Exhibit A and incorporated herein by reference (the "Ordinance"); and WHEREAS, a General Municipal Election on Tuesday, November 3, 2026 has been called by Resolution No. 26-066, adopted on June 2, 2026; and
WHEREAS, the City Council desires to request that the election be consolidated with the statewide general election to be held on the same date; and 328
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WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the Ordinance; and
WHEREAS, the City Council desires to authorize the preparation and filing of ballot arguments, an impartial analysis, rebuttal arguments, and related election materials in accordance with the Elections Code and the deadlines established by the City Clerk consistent with the schedule of the Santa Clara County Registrar of Voters for the consolidated election; and
WHEREAS, the City Council has considered the Ordinance, the proposed ballot question, the requirements of the California Constitution, the Elections Code, the Government Code, and all other applicable law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

1. Recitals.

That the foregoing recitals are true and correct and are incorporated herein as findings and as an operative part of this Resolution.

2. Approval of Ordinance for Submission to Voters.

That the City Council hereby approves the form of the Ordinance attached as Exhibit A for submission to the qualified voters of the City. The Ordinance shall be deemed adopted and shall become effective only if approved by the vote required by applicable law and after certification of the election results by the City Council, as provided in the Ordinance and applicable law.

3. Calling of Election.

That pursuant to Elections Code section 9222 and all other applicable law, the General Municipal Election to be held in the City of Cupertino on Tuesday, November 3, 2026, having previously been called by Resolution No. 26-066, the City Council hereby orders that the measure described in this Resolution be submitted to the qualified voters of the City at that election.

4. Ballot Question.

That the City Council hereby orders that the following ballot question be submitted to the qualified voters of the City at the election:
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Cupertino Parks, Parkland, and Open Space Preservation
Measure. Shall an ordinance amending the City of Cupertino General Plan be adopted to mandate that any attempt to rezone parks, parklands or open space to residential, commercial or industrial uses, or any proposal for residential, commercial or industrial development in parks, parkland or open space, must be placed before Cupertino voters and secure two-thirds support in the City’s next general election?
YES
NO
The City Clerk, in consultation with the City Attorney and the Santa Clara County Registrar of Voters, is authorized to make non-substantive changes to the ballot question and related materials as may be required to conform to applicable law, formatting requirements, or directions from the Registrar of Voters, provided that such changes do not materially alter the substance of the measure.

Concurrently herewith, pursuant to Resolution 26-XXX, the City Council is submitting a Utility Users Tax and Telecommunications Tax extension (“Utility Tax Measure”) at the November 3, 2026 General Municipal Election. The City Council hereby requests that the Park Measure pursuant to this Resolution shall be placed on the ballot prior to the Utility Tax Measure.

5. Full Text of Measure; Availability to Voters.

That pursuant to Elections Code section 9223 and other applicable law, the City Clerk, as the City’s elections official, is hereby directed to cause the full text of the Ordinance submitted to the voters by this Resolution to be printed or otherwise made available to voters as required by law. The City Clerk is authorized to provide the full text of the Ordinance for inclusion in the voter information guide or ballot materials, or, if permitted by the County elections official and applicable law, to provide notice in the voter information guide that the full text of the Ordinance is available without cost upon request from the City Clerk, on the City’s website, and at the City Clerk’s office.

The City Clerk is further authorized and directed to publish, post, or cause to be published or posted any notice, synopsis, full text, or other election materials required by the Elections Code or by the County elections official in connection with the measure.

6. Nature of Measure; Approval Required.

That the measure is an initiative ordinance concerning parks, parkland and open space within the City. The ballot question provides that specified future rezoning or development proposals must be placed before Cupertino voters and secure two-thirds support. The 330
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measure itself shall be approved if it receives the affirmative vote of a majority of the voters voting on the measure.

7. Description of Measure.

That the proposed Ordinance would amend the City of Cupertino General Plan and, as set forth in the Ordinance, require specified proposals to rezone parks, parklands or open space to residential, commercial or industrial uses, or to authorize residential, commercial or industrial development in parks, parkland or open space, to be submitted to Cupertino voters and approved by a two-thirds vote. The final legal effect of the measure shall be determined from the text of the Ordinance submitted to the voters.

8. Consolidation; Request for County Election Services.

That pursuant to Elections Code sections 10002, 10400, 10403, and 10418, the City Council hereby requests that the Board of Supervisors of the County of Santa Clara consent and agree to the consolidation of the election called by this Resolution with the statewide general election to be held on Tuesday, November 3, 2026, and that the Santa Clara County Registrar of Voters conduct the election and provide all election services necessary or appropriate for the conduct of the election. The City acknowledges that the consolidated election shall be held and conducted in the manner prescribed by Elections Code section 10418.

9. Election Costs.

That the City shall reimburse the County of Santa Clara for the City’s share of the costs of placing the measure on the ballot, conducting the election, printing and mailing election materials, canvassing the returns, and all other services performed by the Registrar of Voters in connection with the measure, upon presentation of an invoice or other appropriate documentation.

10. Impartial Analysis.

That Pursuant to Elections Code section 9280, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on existing law and the operation of the measure. The impartial analysis shall be filed with the City Clerk by the deadline established by the City Clerk consistent with applicable law and the schedule established by the Santa Clara County Registrar of Voters for the consolidated election.

11. Arguments.

That pursuant to Elections Code sections 9281 through 9287, the City Council authorizes the filing of written arguments for and against the measure. Direct arguments shall not exceed proposals must be placed before Cupertino voters and secure two-thirds support. The 331
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consistent with applicable law and the schedule established by the Santa Clara County Registrar of Voters for the consolidated election. If more than one argument for or against the measure is submitted, the City Clerk shall select the argument to be printed in accordance with Elections Code section 9287. In the event that more than one argument for, or more than one argument against, the Measure is timely submitted to the City Clerk/Elections Official, the City Clerk/Elections Official shall select one argument in favor and one argument against the measure to be printed and distributed to the voters. In selecting the arguments, the City Clerk/Elections Official shall give preference and priority in the order named, to the arguments of the following: (1) to the City Council, or member or members of the City Council authorized by the City Council; (2) to the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (3) to bona fide associations of citizens; and (4) to individual voters who are eligible to vote on the measure, in accordance with the provisions of California Elections Code section 9287(a).

12. City Council Argument in Favor.

That the City Council hereby authorizes the Mayor and Councilmember Mohan to prepare, sign, and file a written argument in favor of the measure on behalf of the City Council, and to make any non-substantive revisions to such argument before filing. The City Council also authorizes the filing of such forms, declarations, and authorizations as may be required by the Elections Code or the County elections official. The City Council further authorizes the argument to include additional eligible signers, including individual voters eligible to vote on the measure and representatives of bona fide associations of citizens, provided that the argument complies with Elections Code sections 9282 and 9283 and no more than five signatures appear with the argument.

13. Rebuttal Arguments.

That pursuant to Elections Code section 9285, the City Council hereby adopts the provisions of Elections Code section 9285 for this election and authorizes rebuttal arguments. The authors of the arguments for and against the measure may prepare and submit rebuttal arguments, or may authorize in writing another person or persons to prepare, submit, or sign a rebuttal argument. Rebuttal arguments shall not exceed 250 words and shall be filed with the City Clerk by the deadline established by the City Clerk consistent with applicable law and the schedule established by the Santa Clara County Registrar of Voters for the consolidated election.

14. Public Examination.

That the City Clerk shall make the measure text, impartial analysis, arguments, rebuttal arguments, and other ballot materials available for public examination in accordance with 300 words and shall be filed with the City Clerk by the deadline established by the City Clerk 332
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public examination period, any voter of the jurisdiction or the elections official may seek a writ of mandate or injunction requiring amendment or deletion of material as provided by law.

15. Election Deadlines.

That the City Clerk is authorized and directed to establish deadlines for the impartial analysis, direct arguments, rebuttal arguments, public examination periods, and related materials consistent with the requirements of the Elections Code and the schedule established by the Santa Clara County Registrar of Voters for the consolidated election. The anticipated deadlines are set forth in Exhibit B. The deadlines in Exhibit B are based on the Santa Clara County Registrar of Voters’ calendar for the November 3, 2026 General Election and are intended to govern the submission of City measure materials for the consolidated election.

The City Clerk is authorized to adjust these deadlines as necessary to comply with the Elections Code and the final instructions of the Registrar of Voters.

16. Notice of Election.

That the City Clerk is authorized and directed to give notice of the election and the measure in the time, form, and manner required by law, including publication of any notice fixing the deadline for submission of arguments if required or deemed appropriate.

17. Filing and Transmittal of Resolution.

That the City Clerk is authorized and directed to file a certified copy of this Resolution and all required election materials with the Board of Supervisors of the County of Santa Clara and the Santa Clara County Registrar of Voters within the time required by law, including Elections Code section 10403 and the applicable County election calendar.

18. Technical Changes.

That the City Manager, City Clerk, and City Attorney are authorized to make non-substantive corrections, revisions, or modifications to the ballot question, Ordinance, election materials, and related documents as may be necessary or advisable to comply with the Elections Code, the California Constitution, the Government Code, or requirements of the Santa Clara County Registrar of Voters, provided that such changes do not materially alter the substance of the measure.

19. Canvass and Certification.

That the Santa Clara County Registrar of Voters is authorized to canvass the returns of the election. The City Council shall meet to declare the results of the election and certify the election results as required by law.

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That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

SECTION 21. Effective Date.

That this Resolution shall take effect immediately upon 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 to enact an ordinance protecting the rezoning of parks and open space would not approve any development, authorize any physical change to the environment or commit the City to any project. Rather the Ordinance establishes voter approval requirements for future land use actions concerning parks and open space. Accordingly the Ordinance is not a project under CEQA. 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 21st day of July, 2026 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

20. Severability.
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ATTEST:

_____________
Lauren Sapudar, City Clerk
________________________
Date
SIGNED:

Kitty Moore, Mayor
___________
City of Cupertino
________________________
Date
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ORDINANCE NO. 26-XXX
***Full Text Starts Here***

AN INITIATIVE ORDINANCE OF THE CITY OF CUPERTINO REQUIRING

APPROVAL BY AT LEAST TWO-THIRDS OF THE VOTERS OF THE CITY

OF CUPERTINO BEFORE LAND DESIGNATED AS PARKS AND OPEN

SPACE MAY BE REDESIGNATED, REZONED OR APPROVED OR

DEVELOPED FOR NON-PARK USES
The People of the City of Cupertino hereby find that:

1. Lands designated as Parks and Open Space provide important recreational, environmental, scenic, habitat, and quality of life benefits to the residents of the City of Cupertino (the “City”).

2. Lands designated as Parks and Open Space constitute irreplaceable community resources that contribute significantly to the character and livability of the City.

3. The People of the City of Cupertino desire to preserve lands designated as Parks and Open Space and reserve to the voters the authority to approve significant changes to such lands.

4. The People of the City of Cupertino find that any redesignation, authorization of non-park development should occur only upon a broad community consensus demonstrated by approval of at least two-thirds (2/3) of the voters of the City.

5. The People further find that limited flexibility should be preserved for minor boundary adjustments, surveying corrections, utility and infrastructure improvements, environmental restoration projects, and similar de minimis transactions that do not materially impair the continued use of protected lands for park and open space purposes.

6. Exhibits A and B identify the parcels designated as Parks and Open Space on the Cupertino General Plan Land Use Map and are incorporated herein to provide certainty and facilitate administration of this Ordinance. 336
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NOW, THEREFORE, THE PEOPLE OF THE CITY OF CUPERTINO DO ORDAIN AS FOLLOWS:

SECTION 1. Addition of Title 21 of the Municipal Code. “Title 21: Initiatives” is hereby added to the Municipal Code to read in its entirety as set forth in Exhibit A hereto and by this reference incorporated herein.

SECTION 2. General Plan Amendment. The City of Cupertino General Plan is hereby amended to add two new policies or goals to applicable Land Use and Community Character Element (Chapter 3) and Recreation Parks and Community Services Element (Chapter 9) of the plan to read as follows:
“Policy LU-1.7: Retention and Expansion of Lands for Parks and Open Space .

Land designated as Parks and Open Space on the City of Cupertino General Plan Land Use Map shall not be redesignated, rezoned or approved for residential, commercial, or industrial development unless the proposed action is first submitted to the voters of the City of Cupertino at the City’s next general municipal election and approved by at least two-thirds (2/3) of the voters voting on the question. Nothing in this policy prohibits the city from designating, zoning, acquiring or approving additional property for Parks and Open Space uses without voter approval.”
“Goal RPC-1.4: Retention and Expansion of Parks and Open Space. Consistent with Policy LU-1.7, retain lands designated as Parks and Open Space on the City’s General Plan Land Use Map for parks and open space purposes and continue to implement General Plan policies that support the preservation and expansion of parks, open space, trails, recreation uses and similar community resources.” SECTION 3: Severability and Continuity.

The People of the City of Cupertino declare that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, subparagraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this Chapter and ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 337
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SECTION 3: Technical Changes. That the City Manager, City Clerk, and City Attorney are authorized to make non-substantive corrections, revisions, or modifications to the Ordinance, Chapter or Title location, General Plan Policy numbers and related documents as may be necessary or advisable provided that such changes do not materially alter the substance of the Ordinance.

SECTION 4: California Environmental Quality Act.

In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. 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 to enact an ordinance protecting the rezoning of parks and open space would not approve any development, authorize any physical change to the environment or commit the City to any project. Rather the Ordinance establishes voter approval requirements for future land use actions concerning parks and open space. Accordingly the Ordinance is not a project under CEQA. The foregoing determination is made by the City Council in its independent judgment.

SECTION 5: Effective Date.

This Ordinance shall take effect ten (10) days after the City Council declares the results of the November 3, 2026 election on the measure or as otherwise provided by applicable law.

SECTION 6: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Exhibit A
TITLE 21: INITIATIVES
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Chapter 21.04 Cupertino Parks and Open Space Protection Initiative Section 21.04.010 Title
This Chapter shall be known as the "Cupertino Parks and Open Space Protection Initiative."
Section 21.04.020. Purpose and Intent. The purpose of this Chapter is as follows:

A. To preserve lands designated as Parks and Open Space on the Cupertino General Plan Land Use Map.

B. To reserve to the voters of the City of Cupertino the authority to approve any redesignation of such lands, or approval of development inconsistent with the Parks and Open Space designation.

C. To ensure that significant changes to protected parks and open space occur only upon approval of at least two-thirds (2/3) of the voters of the City of Cupertino.

Section 21.04.030. Definitions.

A. "Protected Parks and Open Space Land" means those parcels and portions of parcels identified on Exhibit A and listed on Exhibit B, consisting of the parcels designated as "Parks and Open Space" on the Land Use Map of the Cupertino General Plan on the effective date of this Chapter.

B. "Non-Park Use" means any use, development, or land use designation other than Parks and Open Space as shown on the City of Cupertino Land Use Map, including any successor or substantially similar land use designation, that would allow residential, commercial, industrial or mixed-use development containing residential, commercial or industrial uses on Protected Parks and Open Space Land.

Section 21.04.040. Voter Approval Required.

A. General Plan Redesignation.

No amendment to the Cupertino General Plan may redesignate Protected Parks and Open Space Land to another land use designation unless first approved by at least twothirds (2/3) of the voters of the City of Cupertino voting on the question at the City’s next general municipal election.
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B. Approval of Non-Park Use Development.

The City shall not approve any General Plan amendment, specific plan amendment, zoning map amendment, rezoning, development agreement, tentative map, parcel map, use permit, permit, entitlement, subdivision approval, or other discretionary approval that would authorize any Non-Park Use on Protected Parks and Open Space Land unless first approved by at least two-thirds (2/3) of the voters of the City of Cupertino voting on the question at the City’s next general municipal election.

C. Timing of Voter Approval.

The required voter approval shall be obtained before the City grants the first discretionary approval that would: (1) redesignate Protected Parks and Open Space Land; or (2) authorize a Non-Park Use on Protected Parks and Open Space Land.

Section 21.04.050. Permitted Activities. Nothing in this Chapter shall prohibit uses and activities that are permitted or conditionally permitted under the applicable zoning designation and that are consistent with the Parks and Open Space designation. Uses permitted or conditionally permitted in the “OS” or “PR” zoning districts under Chapter

19.84 shall remain permitted or conditionally permitted on property zoned “OS” or “PR”, respectively, to the extent consistent with the Parks and Open Space Designation.

Section 20.02.060. De Minimis Boundary Adjustments and Similar Transactions.

Notwithstanding any other provision of this Chapter, voter approval shall not be required for minor boundary line adjustments, lot line adjustments, acquisitions, dedications, easements, exchanges, transfers, maintenance agreements, access agreements, or similar property transactions affecting Protected Parks and Open Space Land if the City Council approves the transaction and makes findings, supported by substantial evidence in the administrative record, that the transaction:

A. Is necessary or appropriate to resolve surveying, title, utility, access, public safety, drainage, slope stabilization, vegetation management, environmental restoration, trail maintenance, liability, maintenance responsibility, or infrastructure issues; B. Does not materially impair the continued use of the remaining Protected Parks and Open Space Land for park and open space purposes;
C. Does not result in a redesignation of Protected Parks and Open Space Land or 340
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authorize a Non-Park Use;
D. Is limited to the area reasonably necessary to accomplish the purpose of the transaction; and
E. Furthers the purposes of this Chapter and is consistent with the General Plan and applicable law.

For any transaction involving Protected Parks and Open Space Land adjacent to private property, the City Council shall also make findings, supported by substantial evidence in the administrative record, that:

A. The affected area is not used for active public park, recreational, trail, or access purposes;
B. The transaction is primarily for maintenance, slope stabilization, vegetation management, public safety, access, drainage, infrastructure, or liability reduction purposes; and
C. Private ownership, maintenance, or access responsibility would reduce the City’s maintenance obligations, slope stabilization obligations, vegetation management obligations, public safety concerns, or liability exposure without materially impairing the public’s use, access, enjoyment, or open space value of the remaining Protected Parks and Open Space Land.

Section 21.04.070. Exhibits.

Exhibit A consists of a map entitled "Protected Parks and Open Space Parcels Subject to the Cupertino Parks and Open Space Protection Initiative," which shall constitute the official map of Protected Parks and Open Space Land for purposes of this Chapter..

Exhibit B consists of a schedule entitled "Schedule of Protected Parks and Open Space Parcels," identifying APNs, common names, General Plan designations, current zoning designations, and approximate acreage.

Exhibits A and B constitute the official identification of Protected Parks and Open Space Land. In the event of a discrepancy between Exhibits A and B, Exhibit A shall control unless the discrepancy results from a clerical, mapping, or scrivener’s error. 341
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Section 21.04.080. Effect of Violation.

Any ordinance, resolution, agreement, permit, entitlement, development agreement, subdivision approval, lease, conveyance, or other discretionary approval adopted or approved in violation of this Chapter shall be void and of no force or effect.

Section 21.04.090. Addition of Protected Parks and Open Space Land by City Council.

Notwithstanding Section 21.04.110, the Council may, by ordinance adopted by at least four-fifths (4/5) vote of the full City Council, add parcels or portions of parcels to Exhibit C and Exhibit D as Protected Parks and Open Space Land if the City Council first makes all of the following findings:

A. The parcel or portion of a parcel has been designated in the General Plan, rezoned, or otherwise formally approved for park, recreation, open space, trail, conservation, or similar public open space purposes;
B. The addition of the parcel or portion of a parcel furthers the purposes of this Chapter;
C. The addition will not remove, reduce, impair, or diminish the protections applicable to any existing Protected Parks and Open Space Land; D. The parcel or portion of a parcel is suitable for inclusion as Protected Parks and Open Space Land; and
E. The addition is consistent with the General Plan and applicable law.

An ordinance adopted pursuant to this section may amend Exhibits A and B solely to add Protected Parks and Open Space Land. No parcel or portion of a parcel may be removed from Exhibit A or Exhibit B, and no protection established by this Ordinance may be reduced, except by approval of the voters as provided in Section 21.04.110.

Section 21.04.100. Interpretation and Conforming Amendments.

This Chapter shall be liberally construed to effectuate its purposes. The Cupertino General Plan, Municipal Code, zoning map, specific plans, and other land use regulations shall be interpreted and administered consistently with this Chapter. The City Council may adopt ministerial and non-substantive conforming amendments necessary to implement this Chapter, provided such amendments do not diminish, avoid, or impair 342
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the voter approval requirements established herein.

Section 21.04.110. Amendment or Repeal.

This Chapter, including Exhibits A and B, may be amended or repealed only by approval of at least two-thirds (2/3) of the voters of the City of Cupertino voting on the question at a general municipal election.

Section 21.04.120. Consistency with Federal and State Law.

Nothing in this Ordinance shall be interpreted or applied to conflict with state or federal law. If state or federal law requires the City to take an action that would otherwise be subject to this Ordinance, the City shall comply with state or federal law while preserving parks and open space to the maximum extent legally feasible.” 343
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UNINCORPORATED
COUNTY
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Subject to 5-20 Agfe sp,Formula upon
• • I Residenti'al De'velopment
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�: Land\use densities for lands locate/;
outside the �ban service area shall be � ,
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SPECIAL AREA
� :_1 City Boundary
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� Sphere of Influence
: = : Special Center Boundaries
@ Housing Element Sites
Residential Land Use Designations
1111 Very Low Density (5-20 Acre Slope Density Formula) [=:I Very Low Density (l/2 Acre Slope Density Formula)
� Very Low Density (Slope Density Formula)
� Low Density {l-5 DU/Ac.)
� Low Density (1-6 DU/Ac.) Rancho Rinconada
�Low / Medium Density (5.01-10 DU/Ac.)
� Medium Density (10.01-20 OU/Ac.)
c:J Medium / High Density (20.01-35 DU/Ac.)
1111 High Density (35.01-50 DU/Ac.)
- High / Very High [50.01-65 DU/Ac.)
i.i Very High Density (65.01-80 DU/Ac.)
1111 Highest Density (80.01 -95 DU/Ac.)
Manta Vista Land Use Designations
� Residential (0-4.4 DU/ Ac.)
� Residential {4.4-7.7 OU/Ac.)
� Residential (4.4-12 DU/Ac.)
1111 Residential (10-15 DU/Ac.)
[=:I Neighborhood Commercial / Residential
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Mixed Use-Residential Land Use Designations
1111 Regional Shopping / Residential
[=:J Commercial / Office / Residential
� Commercial / Residential Low/Medium Density
1111 Commercial / Residential Medium Density
1111 Commercial / Residential Medium/High Density
1111 Commercial / Residential High/VeryHigh Density
1111 Commercial / Residential Very High Density
� Office / Industrial / Commercial / Residential
� Industrial / Residential
1111 Industrial / Residential / Commercial
Non-Residential Land Use Designations
1111 Regional Shopping
� Quasi-Public / Institutional Overlay
1111 Parks and Open Space
1111 Public Facilities
1111 Quasi-Public / Institutional
� Riparian Corridor
� Transportation
� County
Sites designated @ are Priority Housing Sites as identified in the adopted Housing Element Figure LU-2 establishes the maximum residential density and height of all parcels, unless a different density and/or height is established pursuant to Resolution No. 24-039. If a maximum density is not established pursuant to Figure LU-2, the maximum density is as indicated on the land use map. Please check Resolution No. 24-039 for applicable minimum residential density. 0 0.5
'---------------' Miles
Prepared by the Community Development Department
Adopted: March 19, 2026
CUPUTl,.O

EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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APN_SPACE Acres Description General Plan
326 09 071 0.841664 Franco Park Parks and Open Space
326 29 022 6.143306 Cupertino Sports Center Parks and Open Space 357 10 001 0.049979 Unnamed Property Parks and Open Space 316 31 041 3.767525 Portal Park Parks and Open Space
342 63 004 64.777431 Unnamed Property Parks and Open Space 359 25 024 6.274621 Jollyman Park Parks and Open Space
375 23 047 0.282761 Sterling Barnhart Park Parks and Open Space 359 25 048 1.582618 Jollyman Park Parks and Open Space
369 15 009 0.2833 Creekside Park Parks and Open Space
342 57 048 1.000642 Unnamed Property Parks and Open Space 362 30 098 3.172869 Three Oaks Park Parks and Open Space 366 16 052 5.11795 Hoover Park Parks and Open Space
357 10 008 19.184379 Blackberry Farm Park Parks and Open Space 357 13 035 0.364418 Unnamed Property Parks and Open Space 369 15 004 0.138535 Creekside Park Parks and Open Space 342 15 038 6.183439 Monta Vista Rec Center and Park Parks and Open Space 357 09 053 5.014234 Stocklmeir Ranch Parks and Open Space 326 49 040 0.193332 Somerset Square Park Parks and Open Space 342 63 003 0.999773 Unnamed Property Parks and Open Space 342 63 005 2.767167 Unnamed Property Parks and Open Space 366 01 042 19.730546 Unnamed Property Parks and Open Space 357 06 014 3.118365 McClellan Ranch West Parks and Open Space 326 49 036 1.08772 Somerset Square Park Parks and Open Space 326 14 005 6.345067 Varian Park Parks and Open Space
357 06 018 12.958988 McClellan Ranch Preserve Parks and Open Space 357 06 019 2.436475 McClellan Ranch Preserve Parks and Open Space 366 01 039 31.00309 Unnamed Property Parks and Open Space 342 45 001 2.373857 Unnamed Property Parks and Open Space 369 10 001 4.854452 Wilson Park East Parks and Open Space 375 23 046 0.215 Sterling Barnhart Park Parks and Open Space 326 54 041 7.161978 Quinlan Community Center Parks and Open Space 326 17 004 0.231509 Unnamed Property Parks and Open Space 351 10 042 59.894483 Unnamed Property Parks and Open Space 351 21 009 28.898056 Unnamed Property Parks and Open Space 351 21 008 0.302449 Unnamed Property Parks and Open Space 366 42 999 22.727566 Unnamed Property Parks and Open Space 342 59 022 0.57477 Unnamed Property Parks and Open Space 357 10 007 13.942464 Blackberry Farm Golf Parks and Open Space 357 10 002 0.624955 22050 STEVENS CREEK BLVD Parks and Open Space 366 29 021 40.105843 Unnamed Property Parks and Open Space 342 52 007 1.952337 Unnamed Property Parks and Open Space 369 15 002 13.238718 Creekside Park Parks and Open Space 357 10 008 0.346072 Blackberry Farm Park Parks and Open Space 369 04 055 0.165051 Wilson Park Parks and Open Space
369 04 054 5.198585 Wilson Park West Parks and Open Space 356 05 009 11.015778 Deep Cliff Golf Course Parks and Open Space 356 05 003 25.696925 Deep Cliff Golf Course Parks and Open Space 356 05 006 10.927794 Linda Vista Park Parks and Open Space

EXHIBIT D
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356 05 004 16.036059 Deep Cliff Golf Course Parks and Open Space 356 05 005 1.647614 Unnamed Property Parks and Open Space 359 25 051 1.580679 Jollyman Park Parks and Open Space
359 25 050 1.737712 Jollyman Park Parks and Open Space
375 22 001 0.748792 Lawrence Mitty Parks and Open Space 326 27 030 0.506944 Mary Ave Dog Park Parks and Open Space 326 29 006 14.615381 Memorial Park Parks and Open Space 342 62 001 56.17333 Unnamed Property Parks and Open Space 342 59 027 0.555181 Canyon Oak Park Parks and Open Space 342 50 019 2.637543 Unnamed Property Parks and Open Space 342 50 999 3.310813 Unnamed Property Parks and Open Space 342 13 012 16.480105 Unnamed Property Parks and Open Space 357 07 029 3.453062 22240 SCENIC CIR Parks and Open Space 342 56 042 0.340264 Little Rancho Park Parks and Open Space 342 48 999 0.20193 Unnamed Property Parks and Open Space 375 21 001 7.065732 Lawrence Mitty Parks and Open Space 503 11 002 78.756124 MidPen Parks and Open Space
503 11 011 30.735095 MidPen Parks and Open Space
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***Full Text Ends Here***
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EXHIBIT B

ANTICIPATED ELECTION DEADLINES
The following dates are based on the Santa Clara County Registrar of Voters calendar for the November 3, 2026 General Election and are intended to govern the submission of City measure materials for the consolidated election. The City Clerk is authorized to adjust these deadlines as necessary to comply with the Elections Code and the final instructions of the Registrar of Voters. Arguments and rebuttal arguments for City measures must be filed with the City Clerk’s office.

Election Event Anticipated
Deadline
Notes
Resolution placing
measure on ballot;
request consolidation
August 7, 2026 Last day for jurisdictions to submit a
resolution calling for a measure election
to the Registrar of Voters; resolutions
should be submitted as early as possible.

Direct arguments
for/against due to City
Clerk
August 11, 2026
at 5:00 p.m.

County calendar deadline for primary
arguments; 300-word limit. City Clerk
may establish deadlines consistent with
Elections Code and County schedule.

Public examination
period for primary
arguments
August 12-21,
2026
Recommended 10-calendar-day public
examination period under Elections Code
section 9295; confirm final City Clerk
schedule.

Rebuttal arguments and
impartial analysis due to
City Clerk
August 18, 2026
at 5:00 p.m.

County calendar deadline for rebuttal
arguments and impartial analyses;
rebuttals have 250-word limit; impartial
analysis has 500-word limit.

Public examination
period for rebuttals and
impartial analysis
August 19-28,
2026
Recommended 10-calendar-day public
examination period under Elections Code
section 9295; final printing deadline is
August 28, 2026.

Final printing deadline August 28, 2026 All ballot language and County Voter Information Guide materials should be
finalized, including resolution of legal
challenges, so the Registrar can meet
printing deadlines.
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Mail ballots to military
and overseas voters
September 19,
2026
Last day to mail ballots to military and
overseas voters.

Vote-by-mail packets /
CVIG mailing period
begins
October 5, 2026 County begins mailing vote-by-mail
packets and County Voter Information
Guides in accordance with County
calendar.

Last day to register to
vote
October 19, 2026 Deadline to register to vote with a regular ballot.

Election Day November 3, 2026 Polls close at 8:00 p.m.
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CITY OF CUPERTINO
Agenda Item
26-15263 Agenda Date: 7/21/2026
Agenda #: 9.

Subject: Approval of a Resolution submitting an Ordinance to the voters to Extend the Current Utility Users Tax and Telecommunications Tax by 10 Years after its Expiration Date, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election.

Adopt Resolution No. 26-085 submitting an Ordinance (measure) to the voters for extending the current Utility Users Tax and Telecommunications Tax by 10 years after its expiration date.

CITY OF CUPERTINO Page 1 of 1 Printed on 7/16/2026
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FINANCE DEPARTMENT

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

CITY COUNCIL STAFF REPORT
Date: July 21, 2026
Subject
Approval of a Resolution submitting an Ordinance to the voters to Extend the Current Utility Users Tax and Telecommunications Tax by 10 Years after its Expiration Date, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election.

Recommended Action
Adopt Resolution No. 26-XXX submitting an Ordinance (measure) to the voters for extending the current Utility Users Tax and Telecommunications Tax by 10 years after its expiration date.

Background
The City’s 10-Year Forecast identifies long-term structural budget challenges driven primarily by increasing public safety costs, expected reduced sales tax revenue, and the expiration of the Utility Users Tax (UUT) in 2030. In response, on March 17, 2026, the City Council directed staff to contract for ballot measure support services that evaluated expanding or extending the UUT.

On April 7, Council approved funding for TeamCivX and Godbe Research to provide ballot measure support that included survey development, feasibility analysis, and communication related to the measure while also allocating funding for the Santa Clara County Registrar of Voters (“Registrar of Voters”) estimated costs to place this measure on the ballot in the November 3, 2026 General Municipal Election.

On July 7, Council received a report identifying results of a public opinion survey conducted June 3 – June 17 of likely Cupertino voters related to this ballot measure. Council directed staff to develop a ballot measure that would extend the current UUT by 10 years, retain the current tax rate of 2.4%, and retain the utility services currently taxed. Council also designated Councilmembers that would draft the primary and rebuttal arguments for this measure.

Since July 7, staff worked with TeamCivX to develop and distribute communication to Cupertino residents to inform them of the impacts of this ballot measure. Communication outreach included information on the City website at www.cupertino.gov/measures, posting on the City’s social media channels, a message in the City Manager newsletter and information for Councilmembers to address potential resident questions. All communication was reviewed by the City Attorney’s 353
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Office for compliance with State Law AB 1234 and provides contact information if residents desire additional information.

Reasons for Recommendation and Available Options
Based on the results of a public opinion survey of likely Cupertino voters conducted in June, approximately 62% favored the extension of the Utility Users Tax (UUT) at the same rate, including streaming services, for a period of 16 years. The reasons indicated as most favorable in the survey included maintaining 911 emergency response times, maintaining parks and open space, maintaining and repairing local streets, reducing property crime and wildfire risks, and maintaining safe bike paths, pedestrian sidewalks, crosswalks and routes to school. At the July 7 Council meeting, Council approved proceeding with a ballot measure that extends the current UUT at the same rate, without adding any additional services, for a period of 10 years. A 10-year extension will move the expiration date from 2030 to 2040 and the City estimates this will generate an annual revenue of approximately $4.4 million.

The proposed ballot language in the attached draft resolution (Attachment A) has been reviewed by the City Attorney’s Office and meets the applicable state requirements for a ballot measure.

The impartial analysis will be developed by Aleshire & Wynder in accordance with state law. The resolution includes direction for the Registrar of Voters to take all actions necessary to place the measure on the November 3 2026 ballot. The Registrar of Voters requires an approved City Council resolution by August 7 to qualify the measure for the election. The primary and rebuttal arguments are being developed by assigned Councilmembers through an ad-hoc committee.

Primary arguments must be filed with the City Clerk’s Office by August 11 and rebuttal arguments must be submitted by August 18. The impartial analysis will be submitted to the City Clerk by August 11.

This resolution requires Council approval by two-thirds vote (4/5 Councilmembers). If approved, staff will coordinate with the City Clerk, City Attorney’s Office and TeamCivX to post the appropriate legal notices, deliver all required ballot information to the Registrar of Voters and pay the required costs associated with placing the measure on the November 3 2026 General Municipal Election ballot. Additionally, staff will coordinate with TeamCivX to develop and distribute updated communication to residents regarding the status of the ballot measure.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The current tax rate for the UUT is 2.4%. The revenue for UUT in FY 2024-25 was $4,214,212.

When projecting a modest growth factor, the anticipated revenue from UUT in FY 2025-26 is $4,406,688. Future projections beyond FY2025-26 can be generated annually and will be reported in the annual budget.

The Registrar of Voters costs for a single ballot measure is approximately $93,000. On June 2, 2026, the City Council adopted Resolution No. 26-066 calling the November 3, 2026 General Municipal Election and approving the associated election costs for three City Council seats. Approval of this ballot measure would result in additional election costs of approximately $93,000. The actual cost 354
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will be finalized following submission of the ballot materials to the Registrar of Voters. Any remaining appropriated funds will be returned to the General Fund. This funding was previously approved by City Council on April 7.

The TeamCivX contract supports developing and distributing internal and external communications, assisting with final ballot measure development, reviewing ballot information, and ensuring the measure qualifies with the Registrar of Voters and is at a not-to-exceed amount of $14,625 for this ballot measure. Ongoing monthly consulting is at a fee of $7,500. Production and distribution of mailed informational brochures is at a cost of $16,500 per mailing, with two mailings proposed. Total not-to-exceed costs for TeamCivX to continue with ballot measure support is approximately $62,625. Any appropriated funds not utilized for this support will be returned to the General Fund. This funding was previously approved by City Council on April

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

Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Greg Card, Purchasing Manager
Reviewed by: Jonathan Orozco, Director of Finance
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution
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01276.0002 2165830.1
RESOLUTION NO. 26-___

A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING THE SUBMISSION

TO THE QUALIFIED VOTERS OF THE CITY OF A CERTAIN MEASURE RELATING TO

AN ORDINANCE EXTENDING THE CITY OF CUPERTINO UTILITY USERS AND

TELECOMMUNICATIONS TAX FOR TEN ADDITIONAL YEARS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026; REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION;

REQUESTING PERFORMANCE OF ELECTION SERVICES FROM THE COUNTY OF SANTA CLARA REGISTRAR OF VOTERS; SETTING RULES FOR ARGUMENTS, IMPARTIAL ANALYSIS, REBUTTALS, AND PUBLIC EXAMINATION; AND

DIRECTING RELATED ACTIONS
WHEREAS, the City of Cupertino (the "City") currently levies a utility users tax on telecommunications, electricity, and gas services at the rate of 2.4 percent, which revenues are deposited in the City's general fund and may be used for general governmental purposes; and WHEREAS, the City Council desires to submit to the qualified voters of the City an ordinance extending the existing utility users tax and the telecommunications tax for ten years at the current 2.4 percent rate, as set forth in the ordinance attached hereto as Exhibit A; and WHEREAS, Article XIII C, section 2 of the California Constitution requires voter approval for the imposition, extension, or increase of a general tax, and provides that a general tax is approved if it receives majority voter approval at an election consolidated with a regularly scheduled general election for members of the governing body, except as otherwise provided by law; and
WHEREAS, Government Code sections 53720 et seq. and 53724 authorize the City Council to propose a local tax measure by ordinance or resolution of the legislative body, subject to applicable voter approval requirements; and
WHEREAS, Elections Code section 9222 authorizes the City Council to submit ordinances to the voters; and
WHEREAS, Elections Code sections 10400 et seq. authorize the consolidation of municipal elections with statewide elections; and
WHEREAS, the proposed ordinance is attached to this Resolution as Exhibit A and incorporated herein by reference (the "Ordinance"); and WHEREAS, a General Municipal Election on Tuesday, November 3, 2026 has been called by Resolution No. 26-066, adopted on June 2, 2026; and
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WHEREAS, the City Council desires to request that the election be consolidated with the statewide general election to be held on the same date; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the Ordinance; and
WHEREAS, the City Council desires to authorize the preparation and filing of ballot arguments, an impartial analysis, rebuttal arguments, and related election materials in accordance with the Elections Code and the deadlines established by the City Clerk consistent with the schedule of the Santa Clara County Registrar of Voters for the consolidated election; and
WHEREAS, the City Council has considered the Ordinance, the proposed ballot question, the requirements of the California Constitution, the Elections Code, the Government Code, and all other applicable law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

1. Recitals.

That the foregoing recitals are true and correct and are incorporated herein as findings and as an operative part of this Resolution.

2. Approval of Ordinance for Submission to Voters.

3. Calling of Election.

That pursuant to Elections Code section 9222, Government Code sections 53720 et seq., Article XIII C of the California Constitution, and all other applicable law, to be held in the City of Cupertino on Tuesday, November 3, 2026, having previously been called by Resolution No. 26-066, the City Council hereby orders that the measure described in this Resolution be submitted to the qualified voters of the City at the General Municipal Election to be held on November 3, 2026.

4. Ballot Question.

That the City Council hereby orders that the following ballot question be submitted to the qualified voters of the City at the election:
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01276.0002 2165830.1
Cupertino Utility Users Tax Extension Measure.

Shall the measure maintaining funding for city services, including 9-1-1 emergency response, law enforcement, parks/ open space, street/ pothole repair, and other general city services, by extending the City of Cupertino's expiring 2.4% utility users tax on electricity, gas, and telecommunications at the current rate (no increase) for ten additional years, providing approximately $4,400,000 annually, maintaining senior citizen exemptions, and requiring annual audits and public spending disclosure, be adopted?
YES
NO
The City Clerk, in consultation with the City Attorney and the Santa Clara County Registrar of Voters, is authorized to make non-substantive changes to the ballot question and related materials as may be required to conform to applicable law, formatting requirements, or directions from the Registrar of Voters, provided that such changes do not materially alter the substance of the measure.

Concurrently herewith, pursuant to Resolution No. 26-__, the City Council has submitted a measure prohibiting rezoning park and open space land (“Park Measure”) for General Municipal Election on November 3, 2026. The City Council hereby requests that the Park Measure be placed on the ballot prior to the Utility Tax Measure.

5. Full Text of Measure; Availability to Voters.

6. Nature of Measure; Approval Required.

That the measure is a general tax measure submitted to the qualified voters of the City pursuant to Article XIII C, section 2 of the California Constitution, Government Code sections 53720 et seq., Elections Code section 9222, and other applicable law. The revenues generated by the utility users tax shall be deposited into the City’s general fund and may be used for 358
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01276.0002 2165830.1
unrestricted general governmental purposes. The measure shall be approved if it receives the affirmative vote of a majority of the voters voting on the measure.

7. Description of Measure.

That the proposed Ordinance would extend the City’s existing 2.4 percent utility users tax on electricity, gas, and telecommunications for ten years. The proposed Ordinance does not increase the rate of the utility users and telecommunications tax. The final legal effect of the measure shall be determined from the text of the Ordinance submitted to the voters.

8. Consolidation; Request for County Election Services.

9. Election Costs.

10. Impartial Analysis.

That pursuant to Elections Code section 9280, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on existing law and the operation of the measure. The impartial analysis shall be filed with the City Clerk by the deadline established by the City Clerk consistent with applicable law and the schedule established by the Santa Clara County Registrar of Voters for the consolidated election.

11. Arguments.

That pursuant to Elections Code sections 9281 through 9287, the City Council authorizes the filing of written arguments for and against the measure. Direct arguments shall not exceed 300 words and shall be filed with the City Clerk by the deadline established by the City Clerk consistent with applicable law and the schedule established by the Santa Clara County Registrar of Voters for the consolidated election. If more than one argument for or against the measure is submitted, the City Clerk shall select the argument to be printed in accordance with Elections Code section 9287. In the event that more than one argument for, or more than one 359
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argument against, the measure is timely submitted to the City Clerk/Elections Official, the City Clerk/Elections Official shall select one argument in favor and one argument against the measure to be printed and distributed to the voters. In selecting the arguments, the City Clerk/Elections Official shall give preference and priority in the order named, to the arguments of the following: (1) to the City Council, or member or members of the City Council authorized by the City Council; (2) to the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (3) to bona fide associations of citizens; and (4) to individual voters who are eligible to vote on the measure, in accordance with the provisions of California Elections Code section 9287(a).

12. City Council Argument in Favor.

That the City Council hereby authorizes the Mayor and Council Member Wang to prepare, sign, and file a written argument in favor of the measure on behalf of the City Council, and to make any non-substantive revisions to such argument before filing. The City Council also authorizes the filing of such forms, declarations, and authorizations as may be required by the Elections Code or the County elections official. The City Council further authorizes the argument to include additional eligible signers, including individual voters eligible to vote on the measure and representatives of bona fide associations of citizens, provided that the argument complies with Elections Code sections 9282 and 9283 and no more than five signatures appear with the argument.

13. Rebuttal Arguments.

14. Public Examination.

That the City Clerk shall make the measure text, impartial analysis, arguments, rebuttal arguments, and other ballot materials available for public examination in accordance with Elections Code section 9295 and other applicable law. During the applicable 10-calendar-day public examination period, any voter of the jurisdiction or the elections official may seek a writ of mandate or injunction requiring amendment or deletion of material as provided by law.

15. Election Deadlines.

That the City Clerk is authorized and directed to establish deadlines for the impartial analysis, direct arguments, rebuttal arguments, public examination periods, and related materials 360
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01276.0002 2165830.1
consistent with the requirements of the Elections Code and the schedule established by the Santa Clara County Registrar of Voters for the consolidated election. The anticipated deadlines are set forth in Exhibit B. The deadlines in Exhibit B are based on the Santa Clara County Registrar of Voters’ calendar for the November 3, 2026 General Election and are intended to govern the submission of City measure materials for the consolidated election. The City Clerk is authorized to adjust these deadlines as necessary to comply with the Elections Code and the final instructions of the Registrar of Voters.

16. Notice of Election.

17. Filing and Transmittal of Resolution.

18. Technical Changes.

19. Canvass and Certification.

20. Severability.

That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

21. Effective Date.

That this Resolution shall take effect immediately upon its adoption. 361
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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 calls an election and submits a general tax extension measure to the voters, and would not directly or indirectly cause any physical change in 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 21 day of July, 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
***Full Text Starts Here***

AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING MUNICIPAL CODE CHAPTERS 3.34 AND 3.35 OF TITLE 3 TO

EXTEND THE EXISTING UTILITY USERS TAX AND TELECOMMUNICATIONS

USERS TAX FOR TEN YEARS
The People of the City of Cupertino find that:

1. The City of Cupertino currently imposes a utility users tax and a telecommunications users tax pursuant to Chapter 3.34 and Chapter 3.35 of Title 3 of the Cupertino Municipal Code.

2. The utility users tax and the telecommunications users tax are general taxes. The proceeds are deposited into the City's General Fund and may be used for any lawful municipal purpose.

3. The taxes are currently imposed at the rate of two and four-tenths percent (2.4%) on the services currently subject to the taxes under Chapter 3.34 and Chapter 3.35 of Title 3 of the Cupertino Municipal Code.

4. This Ordinance is intended only to extend the existing utility users tax and telecommunications users tax for ten years after their current expiration date. This Ordinance does not increase the tax rate and does not expand the services subject to the taxes.

5. Except as expressly amended by this Ordinance to extend the expiration date of the utility users and the telecommunications tax, all provisions of Chapter 3.34 and Chapter

3.35 of Title 3 of the Cupertino Municipal Code shall remain in full force and effect.

6. The City Council desires to submit this Ordinance to the voters of the City at the election to be held on November 3, 2026, and this Ordinance shall become operative only if approved by a majority of the voters voting on the measure.

NOW, THEREFORE THE VOTERS OF THE CITY OF CUPERTINO DO ORDAIN AS FOLLOWS:

SECTION 1. Adoption.
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The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. 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 extends the existing utility users tax and telecommunications users tax without increasing the tax rate or expanding the services subject to the taxes, is simply a financial mechanism and would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date; Voter Approval.

This Ordinance shall take effect only if approved by a majority of the voters voting on the measure at the election held on November 3, 2026. If approved by the voters, this Ordinance shall be considered adopted upon the date that the City Council declares the results of the election and shall become effective ten days thereafter pursuant to Elections Code Section 9217. The extension of the utility users tax and the telecommunications 364
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users tax shall be operative so that the existing taxes continue without interruption through November 6, 2040.
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UUT Extension - Page 1
Attachment A –Utility Users and Telecommunications Tax Extension The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Text added to existing provisions is shown in bold double-underlined text and text to be deleted is shown in strikethrough. Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.

Amendments to Chapter 3.34 of Title 3 concerning Utility Users Excise Tax Section 3.34.160. Duration.

The tax shall be levied until November 6, 20302040, at which time the tax levied hereinunder, unless further extended, shall cease.

Section 3.34.240. Continuation of existing tax provisions.

Except as expressly amended by the voters at the November 3, 2026 election to extend the expiration date to November 6, 2040 of the utility users tax, all provisions of this Chapter shall remain in full force and effect. Without limiting the generality of the foregoing, all existing provisions relating to definitions, exemptions, exclusions, collection, remittance, administration, records, audits, refunds, appeals, enforcement, penalties, interest, and remedies shall continue to apply to the utility users tax.

3.34.250 Annual Audit and Public Disclosure.

The Finance Director, or designee, shall annually report the amount of revenue received from the tax imposed by this Chapter during the prior fiscal year. The receipt and expenditure of such revenues shall be included in the City’s annual independent financial audit and disclosed to the public as part of the City’s regular budget, financial reporting, or audited financial statements. Nothing in this section shall restrict the use of tax proceeds for any lawful general governmental purpose.

Amendments to Chapter 3.35 of Title 3 concerning Telecommunication Users Tax Section 3.35.230 Duration.
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The tax shall be levied until November 6, 20302040 at which time, the tax levied hereinunder, unless further extended, shall cease.

Section 3.35.220. Continuation of existing tax provisions.

Except as expressly amended by the voters at the November 3, 2026 election to extend the expiration date to November 6, 2040 of the telecommunication users tax, all provisions of this Chapter shall remain in full force and effect. Without limiting the generality of the foregoing, all existing provisions relating to definitions, exemptions, exclusions, collection, remittance, administration, records, audits, refunds, appeals, enforcement, penalties, interest, and remedies shall continue to apply to the telecommunication users tax.

3.35.250 Annual Audit and Public Disclosure.

EXHIBIT B

Election Event Anticipated
Deadline
Notes
Resolution placing measure on
ballot; request consolidation
August 7, 2026 Last day for jurisdictions to submit a resolution calling for a measure election to the Registrar of Voters;
resolutions should be submitted as early as possible.

Direct arguments for/against
due to City Clerk
August 11, 2026 at
5:00 p.m.

County calendar deadline for primary arguments; 300-
word limit. City Clerk may establish deadlines
consistent with Elections Code and County schedule.

Public examination period for
primary arguments
August 12-21, 2026 Recommended 10-calendar-day public examination period under Elections Code section 9295; confirm final City Clerk schedule.

Rebuttal arguments and
impartial analysis due to City
Clerk
August 18, 2026 at
5:00 p.m.

County calendar deadline for rebuttal arguments and
impartial analyses; rebuttals have 250-word limit;
impartial analysis has 500-word limit.

Public examination period for
rebuttals and impartial analysis
August 19-28, 2026 Recommended 10-calendar-day public examination period under Elections Code section 9295; final printing deadline is August 28, 2026.

Mail ballots to military and
overseas voters
September 19, 2026 Last day to mail ballots to military and overseas voters.

Vote-by-mail packets / CVIG
mailing period begins
October 5, 2026 County begins mailing vote-by-mail packets and County Voter Information Guides in accordance with County
calendar.

Last day to register to vote October 19, 2026 Deadline to register to vote with a regular ballot.

Election Day November 3, 2026 Polls close at 8:00 p.m.
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CITY OF CUPERTINO
Agenda Item
26-14918 Agenda Date: 7/21/2026
Agenda #: 10.

Subject: Public Hearing and approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs

1. Conduct a public hearing to consider objections from any property owners listed on the assessment report; and

2. Adopt Resolution No. 26-086 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs.

CITY OF CUPERTINO Page 1 of 1 Printed on 7/16/2026
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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: July 21, 2026
Subject
Public Hearing and approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs.

Recommended Action

1. Conduct a public hearing to consider objections from any property owners listed on the assessment report; and

2. Adopt Resolution No. 26-XXX approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs.

Reasons for Recommendation
The lien assessment and collection process includes both the Weed Abatement Program and the Brush Abatement Program. The primary function of these programs is to work with property owners to ensure that brush, dry weeds and dead vegetation are cleared before the start of the fire season. Only properties that have not met the requirements of the two programs are listed in the assessment report.

On March 3, 2026, the City Council adopted the Commencement Report identifying 94 properties for the 2026 Weed Abatement Program. Due to delays in the County's inspection and processing of weed abatement cases, only 14 properties have completed the process in time to be included in this year's lien assessment. The remaining properties will be considered for assessment through the 2027 annual lien assessment process, as applicable.

On July 2, 2026, the County filed with the City the report and assessment list of all costs associated with the abatement of weeds, brush, and/or combustible debris (Attachment B - Assessment Report). On July 9, 2026, the City Clerk’s Office mailed notification letters to the property owners identified on the Assessment Report informing them of the hearing date (Attachment D - City Mailed Hearing Notice). If Council adopts the Draft Resolution (Attachment A) approving the lien assessment and collection of fees on private parcels, the County will be able to achieve full cost recovery through an assessment of the property tax bill for each parcel.

Weed Abatement Program
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The Weed Abatement Program is conducted in partnership with the Santa Clara County Department of Agriculture. Chapter 9.08 of the Cupertino Municipal Code and requires property owners to remove or destroy hazardous weeds on their property for fire protection. Properties that are not in compliance with the program requirements are required to correct the conditions within a set deadline. If the property owner does not remove the weeds by the deadline, then the County is authorized to do so and to recover the cost of abatement from the property owner.

Weed Abatement Program Process for Initial Inspection Fees Properties in the Weed Abatement Program receive an initial inspection by the County after April 30 to determine if weeds have been properly abated. All parcels in the program are subject to a County administrative fee (initial inspection fee) to cover the County’s cost of servicing the property. The County’s inspection fee for the 2026 season is $296. This hearing will consider approval of a lien assessment and collection of fees on any properties that incurred costs for the County to abate nuisance (Attachment B – Assessment Report). If adopted, the draft resolution approves the lien assessments and allows the County to collect fees on private parcels for the annual Weed and Brush Abatement Programs.

Brush Abatement Program
The Brush Abatement Program is managed by the Santa Clara County Fire Department and is separate from the Weed Abatement Program. Section 16.40.200 of the Cupertino Municipal Code requires property owners in the locally adopted Wildland-Urban Interface Fire Area (WUI) to maintain effective defensible space by removing brush, flammable vegetation and combustible growth as required by the fire code official due to steepness of terrain or other conditions. The County is authorized to remove the brush if the property owner does not do so and to recover the cost of abatement from the property owner. There were no Brush Abatement Program properties requiring lien assessment for the 2026 season.

Process for Weed Abatement Program Outlined
The process consists of nine steps that begin in November and go through August of each year.

The steps in the process are outlined below. At this time, the process is at Step No. 9.

1. County prepares a report of all properties that have been non-compliant in removing weeds in the last three years and provides that report to the City and the City sets a hearing date. The County filed the report on January 14, 2026 (Attachment B, Exhibit A in Resolution). Please note that the City’s hearing was held in March, rather than the customary January date, because the County of Santa Clara did not have its 2026 fee schedule approved by the Board of Supervisors until January 6, 2026. This timing required the city to shift the hearing schedule accordingly (November).

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

3. City sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. (January-February). 371
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4. City Council holds the hearing to consider objections by property owners and adopts a resolution declaring weeds a public nuisance and ordering abatement. (March) Please note that the City’s hearing date has been shifted from the typical January timeframe to March to accommodate the revised timeline for Step 1. (Attachment C – Adopted Resolution Ordering Abatement).

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

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

7. The County makes a report of all costs associated with the abatement and provides that report to the City (June-July). (Attachment B - Assessment Report).

8. City notifies the property owners listed on the assessment report, notifying them of the hearing date (July). (Attachment D – City Mailed Hearing Notice)

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

Sustainability Impact
No sustainability impact.

Fiscal Impact
There is no fiscal impact. The Santa Clara County Department of Agriculture service expenses are recovered through the Weed Abatement Program administrative fees charged to property owners. All parcels in the Weed Abatement Program are subject to a county administrative fee (initial inspection fee) to cover the County’s cost of servicing the property.

City Work Program (CWP) Item/Description
None.

Council Goal:

Quality of Life.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Lauren Sapudar, City Clerk
Reviewed by: Kirsten Squarcia, Deputy City Manager
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Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution and Exhibit A
B – Assessment Report (Exhibit A)
C – Adopted Resolution Ordering Abatement
D – City Mailed Hearing Notice
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RESOLUTION NO. 26-

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

PROVIDING FOR LIEN ASSESSMENTS AND COLLECTION RESULTING

FROM THE ABATEMENT OF PUBLIC NUISANCES AND POTENTIAL FIRE

HAZARDS (WEEDS AND/OR BRUSH ON PRIVATE PARCELS)
WHEREAS, after due notice a hearing was held at a regular meeting of the City Council on March 3, 2026, at which time the City declared the growth of weeds and/or brush upon certain properties as described in City of Cupertino Resolution No. 26-023 to be a public nuisance; and
WHEREAS, from evidence presented, both oral and written, the City Council acquired jurisdiction over and abated said nuisances; and WHEREAS, affected property owners were advised that a hearing would be held at the City Council meeting of July 21, 2026, providing for lien assessments and collection resulting from the abatement of public nuisances (weeds and/or brush on private parcels); and
WHEREAS, said hearing was held by the City Council at the time and place fixed for the receiving and considering of such report and proposed assessment.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby confirm that the costs of abating said nuisances shall be as set forth on Exhibit A attached hereto and made a part hereof and said costs shall constitute a lien on the affected property.

BE IT FURTHER RESOLVED that the County Agricultural Commissioner shall cause the amount of the assessments to be entered on the County Assessment Roll opposite the description of the particular property, which assessment so entered on the County rolls shall be collected together with all other taxes thereon upon the property at the same time and in the same manner, as general City taxes are collected and shall be subject to the same penalties and interest, and the procedures and sale in the case of delinquency as provided for City taxes.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of July, 2026, by the following vote:
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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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Reserved for Exhibit A
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Situs APN Owner Name Tax Roll Amount
1 0 CRANBERRY DR, CUPERTINO, CA 95014 36202048 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $3,092.56 2 0 CRANBERRY DR, CUPERTINO, CA 95014 36204058 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $2,851.903 RAINBOW DR, CUPERTINO, CA 95014 36209026 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $3,453.55 4 NO SITUS 36216037 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $2,479.455 RAINBOW DR, CUPERTINO, CA 95014 36219033 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $2,379.18 6 CLEO AV, CUPERTINO, CA 95014 36231030 ALMASI AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 $1,539.73 7 0 S STELLING RD, SARATOGA, CA 95014 36609028 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $4,800.108 0 STAUFFER LN, CUPERTINO, CA 95014 36609053 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $5,301.489 10200 STERN AV, CUPERTINO, CA 95014-3667 37512002 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 $2,516.56 10 18755 BARNHART AV, CUPERTINO, CA 95014-3803 37517051 JOHNSON ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 $105.0011 10361 JOHNSON AV, CUPERTINO, CA 95014-3870 37518039 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 $1,249.0012 10630 CARVER DR, CUPERTINO, CA 95014-3607 37532020 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 $2,519.4213 10657 MORENGO DR, CUPERTINO, CA 95014-3513 37534013 ORTIZ ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-3513 $296.0014 10627 CULBERTSON DR, CUPERTINO, CA 95014-3554 37536027 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-2032 $2,510.83 TOTAL $35,094.76
Owner Address
2026 WEED ABATEMENT PROGRAM

CITY OF CUPERTINO

ASSESSMENT REPORT
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RESOLUTION NO. 26-023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND RESOLUTION NO. 25-101
WHEREAS, the City Council has declared that the growth of weeds, the accumulation of garden refuse, cuttings and other combustible trash upon the private properties as described in Resolution No. 25-101 adopted December 2, 2025, to be a potential public nuisance ( see Weed Abatement Program Commencement Report as Exhibit A); and
WHEREAS, after due notice, a public hearing/ meeting thereon was held at the regular meeting of the City Council on March 3, 2026 to allow the impacted property owners to contest the matter; and
WHEREAS, from the evidence presented, both oral and written, at the public hearing/ meeting of March 3, 2026, it is in the best interests of the City to acquire jurisdiction over the existing nuisances which have not been abated, and for the City to abate said nuisance in accordance with the law.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Agricultural Commissioner of Santa Clara County is hereby ordered to abate such nuisance or cause the same to be abated by having the weeds destroyed or removed by cutting, discing, chemical spraying or any other method determined by them; that all debris, whether in piles or scattered, be hauled away;

2. That the Agricultural Commissioner and their deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon private properties for the purpose of causing the public nuisance to be abated, in accordance with all applicable legal requirements; and

3. That any affected property owners shall have the right to destroy or remove such weeds or debris themselves or have the same destroyed or removed at their own expense provided that such destruction or removal shall have been completed prior to the arrival of the Agricultural Commissioner or their 378
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authorized representative to destroy or remove them by the Parcel Abatement Deadline of April 30, 2026.

BE IT FURTHER RESOLVED:

1. That the Agricultural Commissioner shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk.

2. Said reports of costs, hearing and collection procedures involved shall be provided as stated in Chapter 9.08.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 3rd day of March, 2026 by the following vote:

Vote Members of the City Council
AYES: Moore, Chao, Fruen, Mohan, Wang
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:

Kitty Moore, Mayor
City of Cupertino
Date
ATTEST:

Lauren Sapudar, Acting City Clerk Date
3/5/2026
3/5/2026
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Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM

CITY OF CUPERTINO
COMMENCEMENT REPORT Exhibit A
0651 22010213MINERPL316- 26- CHIANG ALEX H AND ANNE 10213 MINER PL CUPERTINO CA 95014- 0722 9501410143MINERPL316- 26- GALLI ROBERT J 10143 MINER PLACE CUPERTINO CA 0143 102110033HILLCRESTRD326- 16- ISLAM MOHAMMAD KAMRUL AND 10033 HILLCREST RD CUPERTINO CA 95014- 039492802326- 20- SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 040592802326- 20- SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 0506 901410039PENINSULAAv326- 25- DUAN RUIYUAN AND TAN JINGHUA 10039 PENINSULA AVE Cupertino CA 0427 190310301BEARDONDR326- 30- CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014- 0488 180720847GARDEN GATE DR 326-30- PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014- 1069 187510467GLENCOEDR326- 30- WEI , LI 10467 GLENCOE DR CUPERTINO CA 95014- 13910 181610450GLENCOEDR326- 30- WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014- 0681192802326- 35- SOUTHERN PACIFIC 200 S Adams St. Anaheim CA 06712 083522645SAN JUAN RD 342-17- MULLEN, EVA JO TRUSTEE 22645 SAN JUAN ROAD CUPERTINO CA 95015- 09513 393710611SANTA LUCIA RD 342-17- HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014- 00414 3933EL CERRITO RD 342-21- ITEM, WERNER TRUSTEE & ET AL 22670 SAN JUAN RD CUPERTINO CA 95014- 00115 94070VOSSAVE342- 45- CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 01516 266123025VOSSAVE342- 50- SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014- 04017 481921542REGNARTRD356- 23- LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014- 05718 9513521710REGNARTRD356- 23- REGNART LLC 3163 HAWKCREST CIR SAN JOSE CA 00719 48122028LINDYLN356- 27- THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014- 02020 951422090LINDYLN356- 27- THE 2009 AGRAWAL FAMILY TRUST 1074 NOVEMBER DRIVE CUPERTINO CA 05121 9501422400JANICEAV357- 01- HSU HUI-CHI AND LAI HSIU-CHEN ET 22400 JANICE AVE CUPERTINO CA 09122 260210164FOOTHILLSBLV357- 01- MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014- 00123 270710209CARMENRD357- 02- HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014- 02424 270510290MIRA VISTA RD 357-02- YEN JOSEPH JENKUN AND LI 10290 MIRA VISTA RD CUPERTINO CA 95014- Program24 records of 94 1Santa Clara County Weed Abatement Page 380
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COMMENCEMENT REPORT Exhibit A
05225 9501410234SCENICBLV357- 08- SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 05326 9501410234SCENICBLV357- 08- SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 05427 9501410234SCENICBLV357- 08- SCENIC DISTRICT LLC 10234 SCENIC BL CUPERTINO CA 00628 561020950STEVENSBL359- 07- BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025- 01929 9024520865MCCLELLANRD359- 13- 20865 MCCLELLAN LLC 200 CENTER ST EL SEGUNDO CA 13630 180910476STELLINGSRD359- 13- WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014- 13731 180910468STELLINGSRD359- 13- WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014- 04332 47717540MCCLELLANRD359- 19- TIWAIR FAMILY REVOCABLE TRUST 10976 LINDA VISTA DRIVE CUPERTINO CA 95014- 03033 191120860MCCLELLANRD359- 20- ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128- 04834 68179CRANBERRYDR362- 02- UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 05835 68179CRANBERRYDR362- 04- UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 02636 68179RAINBOWDR362- 09- UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 01237 00007898FIESTALN362- 15- KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138- 0373868179362- 16- UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 0333968179362- 19- UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 03040 1323CLEOAVE362- 31- ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304- 02841 6179STELLINGSRD366- 09- UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 05342 68179STAUFFERLN366- 09- UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 10943 52571258STELLINGSRD366- 11- VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014- 00544 482921670RAINBOWCT366- 38- CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014- 00445 482422365REGNARTRD366- 40- KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014- 00546 497922033REGNARTRD366- 46- BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014- 00647 497922045REGNARTRD366- 46- BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014- 01748 9512819990HALLCT369- 04- LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA Program48 records of 94 2Santa Clara County Weed Abatement Page 381
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COMMENCEMENT REPORT Exhibit A
02549 4553898BRENTDR369- 24- KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014- 02850 94301885BETLINAVE369- 27- LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 00151 454210539BLANEYSAVE369- 33- CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014- 02852 125710710DE ANZAS. BLV 369-37- APRICOT VILLAGE LLC 991 W HEDDING ST SAN JOSE CA 95126- 02953 342919361PHILLN375- 05- LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014- 00754 354110067TANTAUSAVE375- 07- WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014- 02255 270719160COZETTELN375- 07- HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014- 04256 354210080TANTAUSAVE375- 07- MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014- 05657 352210177JUDYAVE375- 07- YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014- 00258 353919148LOREEAVE375- 08- LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014- 04759 744010024BRETAVE375- 11- 10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086- 00260 203210200STERNAV375- 12- MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089- 04161 367018921ARATAWY375- 12- CHEN BILONG 18921 ARATA WAY CUPERTINO CA 95014- 00362 420018904ARATAWA375- 13- WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014- 03463 280818815TILSONAV375- 16- LI BEI 18815 TILSON AVE CUPERTINO CA 95014- 04864 380318731BARNHARTAVE375- 17- XIE, DEPING AND SUN , HUAMIN 18731 BARNHART AVE CUPERTINO CA 95014- 05165 9408918755BARNHARTAVE375- 17- JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 03966 203210361JOHNSONAV375- 18- MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089- 03267 383410542STERLINGBL375- 23- STERLING REALTY LLC 10542 STERLING BLVD CUPERTINO CA 95014- 04168 383210460STERLINGBLV375- 23- ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014- 01769 284710308STERLINGBLV375- 24- HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129- 02370 386518621RUNOCT375- 25- WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014- 00171 380418730BARNHARTAVE375- 27- VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014- 02572 534518781TUGGLEAVE375- 27- CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150- Program72 records of 94 3Santa Clara County Weed Abatement Page 382
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COMMENCEMENT REPORT Exhibit A
04173 380418760BARNHARTAV375- 27- HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014- 03974 361510740MINETTEDR375- 31- CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014- 01075 36910728CARVERDR375- 32- MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014- 02076 203210630CARVERDR375- 32- MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089- 02177 360710616CARVERDR375- 32- YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014- 02478 36261870TUGGLEAVE375- 32- DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014- 00179 510310510CULBERTSONDr375- 33- CULBERTON PRIME LLC 13428 CHRISTIE DR SARATOGA CA 95070- 04480 362118880PENDERGASTAVE375- 33- HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014- 01381 351310657MORENGODR375- 34- ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014- 05882 351410670MORENGODR375- 34- CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014- 00183 300818830HUNTERWA375- 35- THOMPSON, LARRY L AND SHIRLEY 40133 CANYON HEIGHTS DR FREMONT CA 94539- 00884 554110650JOHANSENDR375- 36- JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070- 02785 203210627CULBERTSONDR375- 36- MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089- 00186 640619141MEIGGSLN375- 37- XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035- 00287 000010720TANTAUSAVE375- 37- QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014- 02088 000010524TANTAUSAVE375- 37- LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014- 05389 046410593JOHANSENDR375- 37- BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015- 05690 350810611JOHANSENDR375- 37- SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014- 04491 468891TANTAUSAVE375- 38- HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014- 05192 4601947TANTAUSAVE375- 38- LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014- 01693 4640604MILLERAVE375- 42- JAN, SEAWAY AND HUNG , CHIA YING604 MILLER AVE CUPERTINO CA 95014- 01794 4654605PHILCT375- 42- KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014- Program94 records of 94 4Santa Clara County Weed Abatement Page 383
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July 9, 2026
Subject: Assessment for Abatement of Hazardous Vegetation and/or Debris and Notice of Hearing of the Cupertino City Council
Dear Property Owner,
Your property has been placed on the Assessment Tax Roll for weeds, brush, and/or combustible debris abatement services pursuant to Section 9.08 of the Cupertino Municipal Code. A Weed Abatement Program Assessment Report (assessment list) is enclosed for your review.

The Cupertino City Council will conduct a public hearing on July 21, 2026, at 6:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, and via teleconference. At this time, the Council will hear objections from any parcel owners whose names appear on the assessment list.

IMPORTANT: If you believe your property was included in error or have questions about your parcel's inclusion, you are strongly encouraged to contact the County in advance of the hearing.

Reaching out prior to the hearing will allow time to address any issues or confirm the assessment details regarding your parcel.

Please contact Garik Iosilevsky, Weed Abatement Manager with the Santa Clara County Consumer and Environmental Protection Agency, at (408) 282-3186 or via email at [email protected]. While you may be directed to voicemail, your call will be returned within three business days.

Lauren Sapudar
City Clerk
Enclosure: Weed Abatement Program Assessment Report
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NOTICE OF HEARING ON REPORT AND ASSESSMENT

FOR WEEDS, BRUSH AND/OR COMBUSTIBLE DEBRIS
NOTICE IS HEREBY GIVEN that that on July 2, 2026 the County Agricultural Commissioner filed with the City Clerk a report and assessment of abatement of weeds, brush and/or combustible debris within the City, copies of which are posted near the main door of the City Hall and Community Hall Council Chambers, 10300 and 10350 Torre Avenue, Cupertino, CA 95014.

NOTICE IS FURTHER GIVEN that on July 21, 2026 at the hour of 6:45 p.m. or as soon as the item can be heard, in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via a teleconference, said report and assessment list will be presented for consideration and confirmation, and that any and all persons interested having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

Dated this 9th day of July, 2026.

/Lauren Sapudar/
City Clerk
City of Cupertino
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Situs APN Owner Name Tax Roll Amount
1 0 CRANBERRY DR, CUPERTINO, CA 95014 36202048 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $3,092.56 2 0 CRANBERRY DR, CUPERTINO, CA 95014 36204058 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $2,851.903 RAINBOW DR, CUPERTINO, CA 95014 36209026 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $3,453.55 4 NO SITUS 36216037 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $2,479.455 RAINBOW DR, CUPERTINO, CA 95014 36219033 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $2,379.18 6 CLEO AV, CUPERTINO, CA 95014 36231030 ALMASI AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 $1,539.73 7 0 S STELLING RD, SARATOGA, CA 95014 36609028 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $4,800.108 0 STAUFFER LN, CUPERTINO, CA 95014 36609053 SOUTHERN PACIFIC TRANSPORTATION CO 1400 DOUGLAS ST, STOP 1690 OMAHA NE 68179 $5,301.489 10200 STERN AV, CUPERTINO, CA 95014-3667 37512002 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 $2,516.56 10 18755 BARNHART AV, CUPERTINO, CA 95014-3803 37517051 JOHNSON ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 $105.0011 10361 JOHNSON AV, CUPERTINO, CA 95014-3870 37518039 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 $1,249.0012 10630 CARVER DR, CUPERTINO, CA 95014-3607 37532020 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 $2,519.4213 10657 MORENGO DR, CUPERTINO, CA 95014-3513 37534013 ORTIZ ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-3513 $296.0014 10627 CULBERTSON DR, CUPERTINO, CA 95014-3554 37536027 MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-2032 $2,510.83 TOTAL $35,094.76
Owner Address
2026 WEED ABATEMENT PROGRAM

CITY OF CUPERTINO

ASSESSMENT REPORT
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CITY OF CUPERTINO
Agenda Item
26-15225 Agenda Date: 7/21/2026
Agenda #: 11.

Subject: Adoption of a Resolution Approving an Economic Development and Sales Tax Sharing Agreement with Insight Direct Worldwide, Inc. (Insight).

1. Conduct a public hearing as required by Government Code Section 53083 for the proposed Economic Development Subsidy Report;

2. Adopt Resolution No. 26-087 (Attachment C) approving an Economic Development and Sales Tax Sharing Agreement by and between the City of Cupertino and Insight Direct Worldwide, Inc. and authorizing the City Manager to execute the agreement.

CITY OF CUPERTINO Page 1 of 1 Printed on 7/16/2026
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1 CITY MANAGER’S OFFICE

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

CITY COUNCIL STAFF REPORT
Date: July 21, 2026
Subject
Adoption of a Resolution Approving an Economic Development and Sales Tax Sharing Agreement with Insight Direct Worldwide, Inc. (Insight).

Recommended Action

1. Conduct a public hearing as required by Government Code Section 53083 for the proposed Economic Development Subsidy Report;

2. Adopt Resolution No. 26-___ (Attachment C) approving an Economic Development and Sales Tax Sharing Agreement by and between the City of Cupertino and Insight Direct Worldwide, Inc. and authorizing the City Manager to execute the agreement.

Background
In 2006, the City entered into a sales tax sharing agreement with Insight to provide an incentive to generate new sales tax activities within Cupertino. Since that time, the agreement has been renewed through extensions approved by the City in 2012 and 2016, supporting the retention of Insight’s sales tax activities in Cupertino while providing the City with an ongoing source of revenue.
1 The most recent agreement with Insight expired on June 30, 2026. Insight has expressed a desire to maintain a business presence in Cupertino beyond the expiration of its current commercial office lease on November 30, 20262. To support the continued retention of Insight’s sales tax activities within the city and the associated revenue to the City, staff recommends approval of a new stand-alone Economic Development and Sales Tax Sharing Agreement.

The proposed agreement, Attachment A, closely follows the structure and terms of the sales tax sharing agreements previously approved by the City Council while incorporating additional 1 In 2006, the City entered into a five-year agreement with Insight through June 30, 2011. The agreement was renewed in 2012 for an additional five years through June 30, 2016, and renewed again in 2016 for four years through June 30, 2020. Since 2020, the agreement has been renewed annually pursuant to the renewal provisions of the 2016 agreement, extending the term through June 30, 2026. 2 Based on information provided to the City, Insight’s facility in Cupertino is not a warehouse distribution center.
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2 protections for the City. Under the agreement, Insight would continue to maintain a business presence in Cupertino through December 31, 2029. Consistent with this commitment, the initial term of the agreement would expire on December 31, 2029. Following the initial term, the agreement could be extended through up to eight annual renewal options, each subject to City Council approval.

Attachment B is the Economic Development Subsidy Report prepared in accordance with Government Code section 53083. The report provides the disclosures required by law regarding the proposed subsidy, including its public purpose, estimated fiscal impact, projected tax revenue, term, and anticipated employment impacts.

The proposed agreement also updates provisions to reflect current law and reporting requirements. In addition, Insight would be required to cooperate with the City in fulfilling its reporting, publication, and posting obligations under California Revenue and Taxation Code section 7213 and applicable California Department of Tax and Fee Administration (CDTFA) regulations and guidance.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The proposed Economic Development and Sales Tax Sharing Agreement with Insight Direct Worldwide, Inc. (Insight) is projected to generate approximately $2.4 million in annual gross tax revenue, of which approximately $1.4 million would be retained by the City and approximately $1.0 million would be rebated to Insight. Over the initial three-year term, the agreement is projected to generate approximately $7.2 million in gross tax revenue, with approximately $4.2 million retained by the City and approximately $ 3.0 million rebated to Insight.

City Work Program (CWP) Item/Description
None.

Council Goal
Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Daniel Degu, Economic Development Manager
Reviewed by: Jonathan Orozco, Director of Finance
Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
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3 Attachments:

A – Proposed Economic Development and Sales Tax Sharing Agreement B – Proposed Economic Development Subsidy Report
C – Draft Resolution
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01225.0007 2158641.2

ECONOMIC DEVELOPMENT AND SALES TAX SHARING

AGREEMENT
This Economic Development and Sales Tax Sharing Agreement (“Agreement”) is entered into as of __________, 2026 (“Effective Date”), by and between the City of Cupertino, a California general law city (“City”), and Insight Direct Worldwide, Inc., an Arizona corporation, or such other Insight entity as is the tenant under the Lease described below (“Company”). City and Company are sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. City is a general law city duly organized and existing under the laws of the State of California.

B. Company and/or its affiliated entities, including without limitation Insight Direct USA, Inc., Insight Public Sector, Inc., and other Insight affiliates identified to City from time to time and approved by the City Manager for purposes of this Agreement, conduct transactions involving tangible personal property that may be subject to California sales and use taxes.

C. City and Company or related Insight entities previously entered into agreements relating to the assessment, creation, retention, and allocation of local sales and use tax revenues derived from Insight-related taxable transactions. The Parties desire to replace the prior form of agreement with this new stand-alone Agreement.

D. Company has represented that Insight desires to continue maintaining a business location in the City at 10050 N. Wolfe Road, Ste. 281, Cupertino, CA 95014 (“Cupertino Facility”) pursuant to a new lease or lease extension with a term of approximately three years commencing on or about December 1, 2026 and expiring on or about December 31, 2029 (“Lease”).

E. City desires to encourage Company and its approved Insight affiliates to maintain the Cupertino Facility, continue business activities within the City that lawfully support the allocation of local sales and use tax revenues to the City, and generate economic and fiscal benefits for the City without a commensurate burden on City services.

F. The City Council has considered this Agreement at a duly noticed public meeting. Before approving this Agreement, City prepared and made available the information required by Government Code section 53083, provided public notice, and held a public hearing regarding the economic development subsidy contemplated by this Agreement.

G. City finds that this Agreement promotes the public health, safety, and welfare by encouraging lease retention, preserving and potentially increasing local sales and use tax revenues, supporting employment and business activity within the City, and advancing the City’s economic development objectives.

H. Payments under this Agreement are intended to be made solely from Eligible Local Tax Revenues actually allocated, distributed, and paid to City by State of California Department of Tax and Fee Administration (“CDTFA”) as a result of Taxable Transactions involving Company and its Approved Insight Affiliates for which the Cupertino Facility is the CDTFA-determined place of sale, or for which allocation to City is otherwise lawful under applicable CDTFA rules, guidance, and determinations.
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01225.0007 2158641.2
I. This Agreement is not intended to require or encourage any unlawful allocation, reallocation, diversion, or reporting of sales or use tax revenues. All transactions shall be reported in accordance with applicable law, including the Bradley-Burns Uniform Local Sales and Use Tax Law, applicable CDTFA regulations, and any final CDTFA determination.

J. The Parties intend that this Agreement comply with Government Code sections 53083, 53083.1 to the extent applicable, and 53084.5; Revenue and Taxation Code section 7213; CDTFA Regulation 1802; and all other applicable laws.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Company agree as follows.

Section 1. Definitions
For purposes of this Agreement, the following terms have the meanings set forth below.

1.1 Agreement
“Agreement” means this Economic Development and Sales Tax Sharing Agreement, including any exhibits and any written amendments approved by the Parties.

1.2 Approved Insight Affiliates
“Approved Insight Affiliates” means Insight Direct USA, Inc., Insight Public Sector, Inc., and any other affiliated Insight entity that City approves in writing for inclusion in this Agreement. City approval may be given by the City Manager or designee and shall not require amendment of this Agreement unless the City Manager determines that an amendment is legally required.

1.3 Bradley-Burns Local Tax
“Bradley-Burns Local Tax” means the City’s local sales and use tax revenues imposed and distributed under the Bradley-Burns Uniform Local Sales and Use Tax Law, Revenue and Taxation Code section 7200 et seq., and allocated to City by CDTFA.

1.4 Cupertino Facility
“Cupertino Facility” means the business location maintained by Company or an Approved Insight Affiliate within the City at 10050 N. Wolfe Road, Ste. 281, Cupertino, CA 95014, or such replacement location within the City as may be approved in writing by the City Manager.

1.5 Eligible Local Tax Revenues
“Eligible Local Tax Revenues” means the Bradley-Burns Local Tax revenues actually allocated, distributed, and paid to City by CDTFA during a Fiscal Year as a result of Taxable Transactions involving Company or Approved Insight Affiliates for which the Cupertino Facility is the CDTFAdetermined place of sale, or for which allocation to City is otherwise lawful under applicable CDTFA rules, guidance, and determinations.

Eligible Local Tax Revenues shall exclude all of the following:
(a) any transactions and use tax revenues, district taxes, county pool allocations not specifically attributable to Company or Approved Insight Affiliates, public safety allocations, or other taxes not constituting the City’s Bradley-Burns Local Tax revenues; 392
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01225.0007 2158641.2
(b) any revenues that are refunded, reversed, reallocated, offset, deducted, or otherwise determined by CDTFA or any court or administrative body not to be payable to City; (c) any revenues attributable to transactions not lawfully reportable or allocable to the City; (d) any penalties, interest, or similar charges;
(e) any revenues received by City before the Effective Date or after the expiration or termination of this Agreement, except as expressly provided in Section 6.4. (f) any tax revenue resulting from the imposition of a sales or use tax under the BradleyBurns Uniform Local Sales and Use Tax Law on the sale or purchase of a digital product transferred electronically or accessed remotely, to the extent that payment, transfer, diversion, rebate or sharing of such revenue is prohibited by Government Code Section 53084.5, as amended by SB 122 (2026), or any successor statute.

1.6 Fiscal Year
“Fiscal Year” means the City fiscal year beginning July 1 and ending June 30.

1.7 Lease
“Lease” means the new lease, lease extension, amendment, or other legally binding occupancy agreement pursuant to which Company or an Approved Insight Affiliate maintains the Cupertino Facility for the Term of this Agreement.

1.8 Revenue Sharing Payment
“Revenue Sharing Payment” means the payment, if any, payable by City to Company under Section 4 of this Agreement.

1.9 Taxable Transactions
“Taxable Transactions” means sales or use tax transactions involving Company or Approved Insight Affiliates that are subject to California sales or use tax and that generate Eligible Local Tax Revenues for City.

1.10 Term
“Term” means the period described in Section 3.
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Section 2. Purpose and Nature of Agreement

2.1 Economic Development and Lease Retention
This Agreement is an economic development and lease retention agreement. Its purpose is to encourage Company and Approved Insight Affiliates to maintain the Cupertino Facility and continue business activities within the City that support the lawful allocation of Eligible Local Tax Revenues to City, including maintaining the facts and operations supporting CDTFA’s determination that the Cupertino Facility is the place of sale for the Taxable Transactions covered by this Agreement

2.2 No Consulting Services Characterization
The Parties acknowledge that prior agreements may have described the arrangement as an agreement for consultation services. This Agreement is not intended to compensate Company for consulting services. Rather, this Agreement provides for a limited sharing of Eligible Local Tax Revenues as an economic development and lease retention incentive on, subject to all terms and limitations set forth herein and contingent on receipt of Eligible Local Tax Revenues as provided herein.

2.3 No Guarantee of Tax Allocation
City does not guarantee that any Taxable Transactions will be allocated to City or that CDTFA will allocate or continue to allocate any revenues to City. Company is solely responsible for its tax reporting and for causing its Approved Insight Affiliates to report transactions in accordance with applicable law and any applicable CDTFA determination. This Agreement does not require Company or any Approved Insight Affiliate to take any tax reporting position that is not supported by applicable law, facts, and CDTFA determinations.

2.4 No Obligation to Make Payments From Other Funds
City’s payment obligations under this Agreement are limited solely to Eligible Local Tax Revenues actually received by City. City shall have no obligation to make any payment from the General Fund or any source other than Eligible Local Tax Revenues.

Section 3. Term

3.1 Initial Term
The Term of this Agreement shall commence on the Effective Date and shall expire on December 31, 2029, unless earlier terminated under this Agreement.

3.2 Three-Year Lease Requirement
Company shall maintain, or shall cause an Approved Insight Affiliate to maintain, the Lease for the Cupertino Facility throughout the initial Term, subject to ordinary lease rights, casualty, condemnation, force majeure, and relocation to another location within the City approved by the City Manager. For any extension period under Section 3.3, Company shall maintain, or shall cause an Approved Insight Affiliate to maintain, a lease, lease amendment, or lease extension for the Cupertino Facility covering the full applicable extension period. 394
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3.3 No Automatic Renewal; Successive Annual Extensions
This Agreement shall not automatically renew. After expiration of the initial Term, this Agreement may be extended for up to eight (8) successive one-year extension periods, but only if all of the following conditions are satisfied for each extension period:
(a) Company or an Approved Insight Affiliate has executed and delivered to City evidence reasonably satisfactory to the City Manager of a binding lease, lease amendment, or lease extension for the Cupertino Facility covering the full applicable one-year extension period; (b) Company is not in material default under this Agreement; (c) the City Council has approved the extension by written amendment or other written action legally sufficient to extend this Agreement; and
(d) City has completed any public notice, hearing, reporting, posting, or other legal requirements then applicable to the extension, including Government Code section 53083 and Revenue and Taxation Code section 7213, to the extent applicable.

Each extension shall be for one (1) year only. No extension shall be effective unless approved in writing before the expiration of the then-current Term or extension period, unless otherwise permitted by applicable law. The same terms and conditions of this Agreement shall apply during any extension period, unless the Parties expressly agree otherwise in the written amendment or extension approval.

3.4 Condition Precedent to Effectiveness and Payment
Notwithstanding the Effective Date or any other provision of this Agreement, City’s obligations under this Agreement, including any obligation to calculate, accrue, or make any Revenue Sharing Payment, are expressly conditioned upon Company or an Approved Insight Affiliate executing and delivering to City evidence reasonably satisfactory to the City Manager of a binding lease, lease amendment, or lease extension for the Cupertino Facility with a term of not less than three (3) years commencing on or about December 1, 2026 and expiring no earlier than December 31, 2029 (“Lease Condition”).

If the Lease Condition is satisfied on or before December 1, 2026, then Eligible Local Tax Revenues received by City for the period beginning July 1, 2026 may be included in calculating Revenue Sharing Payments under this Agreement, subject to all limitations, exclusions, offset rights, reconciliation rights, and repayment obligations set forth herein.

If the Lease Condition is not satisfied on or before December 1, 2026, then this Agreement shall automatically be null and void without further action by either Party, City shall have no obligation to calculate, accrue, or make any Revenue Sharing Payment, and Company shall have no right to receive any payment or other compensation under this Agreement for any period, including the period beginning July 1, 2026.

No Revenue Sharing Payment shall be due or payable unless and until the Lease Condition has been satisfied.
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Section 4. Revenue Sharing Payments

4.1 Threshold
For each Fiscal Year during the Term, Company shall not be entitled to any Revenue Sharing Payment unless and until Eligible Local Tax Revenues for that Fiscal Year exceed Two Hundred Fifty Thousand Dollars ($250,000).

4.2 Payment Formula
If Eligible Local Tax Revenues for a Fiscal Year exceed Two Hundred Fifty Thousand Dollars ($250,000), City shall pay Company a Revenue Sharing Payment calculated as follows:
(a) If Eligible Local Tax Revenues exceed $250,000 but are less than $500,000, the Revenue Sharing Payment shall equal $62,500 plus twenty-five percent (25%) of Eligible Local Tax Revenues between $250,000 and $500,000.
(b) If Eligible Local Tax Revenues equal or exceed $500,000 but are less than $1,000,000, the Revenue Sharing Payment shall equal $125,000 plus forty percent (40%) of Eligible Local Tax Revenues between $500,000 and $1,000,000.
(c) If Eligible Local Tax Revenues equal or exceed $1,000,000, the Revenue Sharing Payment shall equal $500,000 plus thirty-five percent (35%) of Eligible Local Tax Revenues in excess of $1,000,000.

4.3 Annual Calculation; Quarterly Advances
City may make quarterly payments as advances against the estimated annual Revenue Sharing Payment, provided that:
(a) City has received the applicable quarterly allocation information from CDTFA; (b) City has determined, in its reasonable discretion, that the relevant revenues constitute Eligible Local Tax Revenues;
(c) Company consents in writing to receive the applicable quarterly payment; (d) Company is not in material default under this Agreement; and (e) City may withhold a reasonable reserve for potential CDTFA adjustments, reallocation claims, reporting issues, or other uncertainties.

Quarterly payments, if any, shall be made within thirty (30) days after City receives sufficient CDTFA allocation information, written consent from Company, and any information reasonably required from Company to verify the amount payable.

4.4 Annual Reconciliation
Within a reasonable time after the end of each Fiscal Year and after City has received sufficient CDTFA information, City shall reconcile the Revenue Sharing Payment for that Fiscal Year. If City has underpaid Company, City shall pay the additional amount due within thirty (30) days after completing the reconciliation. If City has overpaid Company, City may offset the overpayment against future payments or require Company to refund the overpayment within thirty (30) days after written demand.
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4.5 No Payment on Disputed, Conditional, or Reallocated Revenues City may withhold, offset, or defer any Revenue Sharing Payment to the extent the underlying Eligible Local Tax Revenues are or may become subject to refund, reversal, reallocation, audit, challenge, CDTFA adjustment, court order, administrative order, or claim by another jurisdiction.

City may withhold, exclude, offset, or recover any Revenue Sharing Payment to the extent the payment was calculated based on revenues that may not lawfully be shared under Government Code section 53084.5, as amended by SB 122 (2026), or any successor statute.

4.6 Risk of Loss
The Parties intend that any risk of loss, reduction, reversal, refund, or reallocation of Eligible Local Tax Revenues shall be borne by Company and not by City. If City is required to repay, refund, or lose the benefit of any revenues that were included in calculating a Revenue Sharing Payment, Company shall promptly reimburse City for the corresponding portion of the Revenue Sharing Payment received by the Company.

4.7 No Reimbursement of Costs
Company shall not be entitled to reimbursement for any costs, expenses, overhead, taxes, lease costs, employee costs, legal costs, accounting costs, or other amounts except the Revenue Sharing Payment expressly provided in this Agreement.

4.8 No Payment After Expiration or Termination
Except for payments attributable to Eligible Local Tax Revenues received by City for completed Fiscal Year quarters ending before expiration or termination, Company shall not be entitled to any Revenue Sharing Payment after this Agreement expires or is terminated.

Section 5. Company Obligations

5.1 Maintain Cupertino Facility
During the Term, Company shall maintain, or cause an Approved Insight Affiliate to maintain, the Cupertino Facility pursuant to the Lease.

5.2 Lawful Business Activities
Company shall conduct, and shall cause Approved Insight Affiliates to conduct, business activities in a manner consistent with applicable law and sufficient to support any lawful allocation of Eligible Local Tax Revenues to City. Nothing in this Agreement requires Company or any Approved Insight Affiliate to report any transaction to City if doing so would be inconsistent with applicable law.
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5.3 Tax Reporting Compliance
Company shall be solely responsible for its tax reporting and the tax reporting of Approved Insight Affiliates. Company shall not, and shall not cause any Approved Insight Affiliate to, report sales or use taxes based on an artificial or unlawful allocation methodology. The Parties acknowledge that, under applicable CDTFA rules, the lawful allocation of local sales tax may depend on the place of sale, including whether a California place of business participates in a sale and, if more than one California place of business participates, where the principal negotiations are carried on.

Based on Company’s representations and the applicable CDTFA determination, the Cupertino Facility is the place of sale for the Taxable Transactions covered by this Agreement, subject to the facts, operations, and reporting practices on which that determination is based.

5.4 No Unlawful Diversion
Company represents that, to the best of its knowledge after reasonable inquiry, this Agreement is not intended to reduce Bradley-Burns Local Tax revenues that, in the absence of this Agreement, would be received by another California local agency while Company or the applicable retailer continues to maintain a physical presence in that other local agency’s jurisdiction, except to the extent permitted by Government Code section 53084.5.

5.5 Notice of Other California Locations
Upon request by City, Company shall provide a list of Company’s and Approved Insight Affiliates’ California business locations relevant to the Taxable Transactions covered by this Agreement.

Company shall update the list if there is a material change that may affect lawful allocation of Eligible Local Tax Revenues to City.

5.6 Annual Certification
Within forty-five (45) days after the end of each Fiscal Year during the Term, Company shall provide City with a written certification, signed by an authorized representative, stating to the best of Company’s knowledge after reasonable inquiry:
(a) whether Company or an Approved Insight Affiliate maintained the Cupertino Facility during the Fiscal Year;
(b) whether the Lease remains in effect;
(c) whether Company is aware of any material tax reporting issue, CDTFA inquiry, reallocation claim, or other matter that may affect Eligible Local Tax Revenues; (d) whether Company is aware of any fact that would make the Agreement noncompliant with Government Code Section 53084.5;
(e) whether there has been any material change in Company’s or any Approved Insight Affiliate’s California locations, sales functions, sales participation, tax reporting practices, or other facts or operations that may affect CDTFA’s determination that the Cupertino Facility is the place of sale for the Taxable Transactions covered by this Agreement; (f) whether Company is aware of any fact, CDTFA inquiry, audit, claim, or determination that would call into question the allocation of Eligible Local Tax Revenues to City; and 398
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(g) whether, to the best of the Company’s knowledge after reasonable inquiry, any revenues included in the calculation of Eligible Local Tax Revenues include tax revenue from digital products transferred electronically or accessed remotely for which revenue sharing, prohibited by Government Code section 53084.5, as amended by SB 122 (2026), or any successor statute.

5.7 Cooperation With City Reporting
Company shall reasonably cooperate with City in preparing any legally required reports, public postings, or notices regarding this Agreement, including reports required by Government Code sections 53083 and 53083.1, if applicable, and Revenue and Taxation Code section 7213.

5.8 No Employee-Level Disclosure Unless Required
Company shall not be required to disclose personally identifiable employee information unless required by law. Aggregated job, wage, temporary worker, or benefit information shall be sufficient unless more detailed information is legally required.

5.9 Change in Point of Sale or Reporting
If, during the Term, Company or an Approved Insight Affiliate voluntarily changes its California business locations, sales functions, sales participation, tax reporting practices, allocation methodology, or other facts or operations in a manner that causes Taxable Transactions previously included in Eligible Local Tax Revenues to no longer be treated as having the Cupertino Facility as the place of sale, and such change is not required by a final CDTFA determination or applicable law, Company shall repay to City the Revenue Sharing Payments made for the two (2) fiscal quarters immediately preceding such change. Repayment shall be made within thirty (30) days after written demand from City.

Section 6. City Obligations

6.1 Payment Obligation
City shall make Revenue Sharing Payments only in accordance with this Agreement and only from Eligible Local Tax Revenues.

6.2 Public Reporting and Posting
City shall be responsible for preparing and posting City reports, notices, and website disclosures required by law. Company shall cooperate as provided in this Agreement.

6.3 Use of Tax Consultant
City may use its sales tax consultant, auditor, or other professional advisor to review CDTFA data, assist in calculating Eligible Local Tax Revenues, and assist in administering this Agreement.

6.4 Payments After Term for Prior Quarters
If this Agreement expires or terminates, Company shall remain eligible to receive any Revenue Sharing Payment attributable to Eligible Local Tax Revenues received by City for completed fiscal quarters ending before the effective date of expiration or termination, subject to all offset, reconciliation, withholding, and refund rights under this Agreement. 399
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Section 7. Public Disclosure; Confidentiality

7.1 Required Public Disclosure
Company acknowledges that this Agreement and information regarding payments under this Agreement may be subject to public disclosure, including disclosure under Government Code sections 53083 and 53083.1, if applicable; Revenue and Taxation Code section 7213; the California Public Records Act; the Brown Act; and other applicable laws.

7.2 Consent to Statutory Reporting
Company consents to City’s publication and reporting of all information required by law, including the Parties to this Agreement, execution date, termination date, payment amounts, percentage formulas, public purpose, projected tax revenues, estimated jobs, and other information legally required to be disclosed.

7.3 Confidential Tax Information
City shall maintain the confidentiality of confidential taxpayer information to the extent required by law. Nothing in this Agreement authorizes City to disclose confidential taxpayer information except as permitted or required by law.

7.4 No Nondisclosure Agreement
This Agreement is not a nondisclosure agreement. No provision of this Agreement shall be interpreted to prevent City from complying with any disclosure, reporting, posting, hearing, or public records obligation.

7.5 Public Records Requests
If City receives a public records request for records provided by Company and marked confidential, City may, but is not required to, notify Company. Company shall be solely responsible for seeking any protective order or other relief. City shall not be liable to Company for any disclosure made in good faith compliance with applicable law.

Section 8. Compliance With Economic Development Subsidy Laws

8.1 Government Code Section 53083
City has prepared and made available the information required by Government Code section 53083 before approval of this Agreement. Company shall provide reasonable assistance necessary for City to maintain and update such information during the Term.

8.2 Five-Year Report and Hearing
If required by Government Code section 53083, City shall issue the required report and conduct the required hearing within the Term and not later than five years after approval of this Agreement.

Company shall reasonably cooperate in providing information necessary for the report.

8.3 Warehouse Distribution Center Compliance
If City determines that the Cupertino Facility or any beneficiary of this Agreement is a warehouse distribution center within the meaning of Government Code section 53083.1, Company shall provide the information reasonably necessary for City to comply with that section, including 400
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applicable annual reporting and hearing requirements. If City determines that compliance is not legally possible or that continuation of this Agreement would violate Government Code section 53083.1, City may suspend payments until compliance is achieved or may terminate this Agreement.

8.4 Revenue and Taxation Code Section 7213
Company acknowledges that this Agreement may constitute a sales and use tax sharing agreement for purposes of Revenue and Taxation Code section 7213. Company shall provide information reasonably necessary for City to report and publish the information required by Revenue and Taxation Code section 7213 and any implementing regulation.

If CDTFA imposes any penalty on City for failure to report or publish information required under Revenue and Taxation Code section 7213, City shall be responsible for such penalty except to the extent the penalty results from Company’s failure to timely provide information reasonably requested by City, Company’s material misstatement or omission in information provided to City, or Company’s written request that City not report or publish information that City determines is legally required to be reported or published. In such event, Company shall reimburse City for the portion of the penalty and related reasonable costs attributable to Company’s act or omission.

8.5 Government Code Section 53084.5
If City determines that this Agreement would violate Government Code section 53084.5, City may suspend payments and terminate this Agreement unless the violation can be cured in a manner acceptable to City and consistent with applicable law.

Section 9. CDTFA Adjustments; Reallocation; Proceedings

9.1 Cooperation
The Parties shall reasonably cooperate in responding to any CDTFA inquiry, audit, proposed adjustment, reallocation claim, or proceeding relating to Eligible Local Tax Revenues.

9.2 Control of Tax Reporting
Company shall retain responsibility for its tax reporting and the tax reporting of Approved Insight Affiliates. City shall not direct Company to take any reporting position inconsistent with applicable law.

9.3 Reallocation or Final Decision
If CDTFA, a court, or an administrative body issues a final decision reallocating revenues included in Eligible Local Tax Revenues to another jurisdiction, City may terminate this Agreement upon ninety (90) days’ written notice.

9.4 Remediation Period
Within thirty (30) days after City issues a termination notice under Section 9.3, Company may provide documentation showing that the reallocation has been remediated, reversed, stayed, appealed, or otherwise resolved. City may, in its sole discretion, withdraw the termination notice if City determines that the documentation is sufficient and that continuation of the Agreement is lawful and in the City’s interest.
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9.5 Refund of Prior Payments
If any Revenue Sharing Payment was calculated based on revenues later refunded, reallocated, reversed, or determined not to constitute Eligible Local Tax Revenues, Company shall repay the corresponding amount to City within thirty (30) days after written demand.

Section 10. Default and Termination

10.1 Company Default
Company shall be in default if:
(a) Company fails to maintain, or cause an Approved Insight Affiliate to maintain, the Cupertino Facility as required by this Agreement;
(b) Company fails to provide a required certification or materially misstates a certification; (c) Company fails to repay an amount owed to City;
(d) Company materially breaches any representation, covenant, or obligation under this Agreement;
(e) Company or an Approved Insight Affiliate voluntarily changes reporting or business operations in a manner that materially reduces or eliminates Eligible Local Tax Revenues, unless required by law or CDTFA;
(f) the Lease expires or terminates before the expiration of the Term, unless Company or an Approved Insight Affiliate relocates to a replacement location in the City approved by the City Manager; or
(g) continuation of the Agreement would violate applicable law.

10.2 Cure Period
Except for payment obligations, legal violations, or matters not reasonably capable of cure, City shall provide Company written notice of default and thirty (30) days to cure. If the default cannot reasonably be cured within thirty (30) days, Company shall not be in default if it begins cure within that period and diligently completes cure within a reasonable time acceptable to City.

10.3 City Remedies
Upon Company default, City may suspend payments, offset amounts owed, demand repayment, terminate this Agreement, or pursue any other remedy available at law or in equity.

10.4 Termination for Legal Change
Either party may terminate this Agreement upon ninety (90) days’ written notice if a change in law, regulation, binding administrative interpretation, CDTFA policy or determination, court decision, or other legal requirement materially impairs the lawful performance of this Agreement or makes the calculation, payment, receipt, reporting, or retention of Revenue Sharing Payments unlawful or legally prohibited.

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intent of the Agreement while complying with applicable law. Neither Party shall be required to agree to any amendment that increases its obligations, reduces its legal protections, or causes it to violate applicable law.

Termination under this Section shall not affect any repayment, offset, indemnity, audit, public disclosure, reporting, or refund obligation that accrued before the effective date of termination, all of which shall survive termination.

10.5 Mutual Termination
The Parties may terminate this Agreement at any time by mutual written agreement.

10.6 Survival
Sections relating to repayment, offset, indemnity, audit, public disclosure, confidentiality, records, and any accrued payment or refund obligations shall survive expiration or termination.

Section 11. Records; Audit

11.1 Records
Company shall maintain records reasonably necessary to verify compliance with this Agreement for at least four (4) years after the end of the Fiscal Year to which the records relate, or longer if required by law or if a dispute, audit, CDTFA inquiry, or reallocation proceeding is pending.

11.2 City Review
Upon reasonable notice, City may request records reasonably necessary to verify Company’s compliance with this Agreement and to calculate Revenue Sharing Payments. City shall not request customer-level or transaction-level information unless reasonably necessary and legally permissible.

11.3 Confidentiality of Records
City shall maintain records received from Company as confidential to the extent permitted by law, but City shall not be required to withhold records that City determines must be disclosed under applicable law.

Section 12. Indemnification

12.1 Indemnity
Company shall indemnify, defend, and hold harmless City, its City Council, officers, officials, employees, agents, representatives, and volunteers from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
(a) Company’s or an Approved Insight Affiliate’s breach of this Agreement; (b) Company’s or an Approved Insight Affiliate’s tax reporting, business operations, representations, or certifications;
(c) any challenge to payments made to Company, except to the extent caused by City’s gross negligence or willful misconduct;
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(d) any claim that Company must refund, return, or repay amounts received under this Agreement;
(e) any claim by another jurisdiction arising from Company’s or an Approved Insight Affiliate’s conduct, reporting, or voluntary allocation decisions; and (f) any legal challenge to the validity of this Agreement, except to the extent caused by City’s gross negligence or willful misconduct.
(g) any CDTFA penalty, cost, or expense described in Section 8.4, but only to the extent caused by Company’s failure to provide required information, Company’s material misstatement or omission, or Company’s written request that City withhold information that City determines is legally required to be reported or published. (h) related to any claim, action, lawsuit or other proceeding, whether administrative, at law or in equity, brought or maintained by or on behalf of any person or entity (other than the Company) as a result of any conduct of the
Company, an Insight affiliate, an Approved Insight Affiliate, or any person or entity connected to Insight, or the City in performing, observing or administering any obligation or provision arising under or pursuant to this Agreement, except to the extent that any such claim, action, lawsuit or other proceeding caused by any of the City’s negligence or the willful misconduct of the City.

12.2 Defense
City may require Company to defend City with counsel reasonably acceptable to the City Attorney.

City may participate in the defense with counsel of its own choosing at City’s expense, unless separate counsel is required due to a conflict caused by Company.

12.3 Repayment Orders
If any court or administrative body orders City to recover, return, repay, disgorge, or cease paying amounts under this Agreement, Company shall not assert any claim against City for reimbursement, damages, or contribution with respect to such amounts.

Section 13. Representations and Warranties

13.1 Company Authority
Company represents that it has full power and authority to enter into this Agreement and to perform its obligations.

13.2 Affiliate Authority
Company represents that it has authority to provide the certifications and information required under this Agreement for Approved Insight Affiliates, or that it will cause Approved Insight Affiliates to provide such certifications and information directly to City.

13.3 No Conflict
Company represents that entering into and performing this Agreement does not violate any material agreement, law, or obligation binding on Company. 404
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13.4 City Authority
City represents that this Agreement has been approved by the City Council at a duly noticed public meeting and executed by duly authorized City officials.

Section 14. Assignment
Company may not assign this Agreement without City’s prior written consent, which may be granted or withheld in City’s reasonable discretion. Notwithstanding the foregoing, Company may assign this Agreement to a successor by merger, corporate reorganization, or internal Insight affiliate restructuring if:
(a) the successor assumes all obligations under this Agreement in writing; (b) the Lease or replacement lease for the Cupertino Facility remains in effect; (c) the assignment does not impair lawful allocation of Eligible Local Tax Revenues to City; (d) the assignment does not create a violation of Government Code section 53084.5 or any other applicable law; and
(e) Company provides City at least thirty (30) days’ prior written notice.

Section 15. Notices
All notices required or permitted under this Agreement shall be in writing and delivered personally, by overnight courier, by certified mail, or by email with confirmation of receipt, to the following addresses:

City:

City of Cupertino
Attn: City Manager
10300 Torre Avenue
Cupertino, CA 95014
Email: ______________________
With a copy to:

City Attorney
____________________________
Email: ______________________
Company:

Insight Direct Worldwide, Inc.

Attn: ______________________
Address: 10050 N. Wolfe Road, Ste. 281,
Cupertino, CA 95014
Email: ______________________
With a copy to:

Insight Direct Worldwide, Inc.

Attn: Tax Department
Address: 2701 E. Insight Way, Chandler,
AZ 85286
Email: [email protected]
A Party may change its notice address by written notice to the other Party. 405
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Section 16. Miscellaneous

16.1 Entire Agreement
This Agreement constitutes the entire agreement between the Parties regarding the subject matter of this Agreement and supersedes all prior agreements, amendments, negotiations, representations, and understandings regarding the same subject matter, except for any accrued payment, refund, indemnity, or audit rights that expressly survive under prior agreements.

16.2 Amendment
Other than as provided in Section 3.3 hereof, this Agreement may be amended only by a written instrument approved and executed by both Parties. Any amendment shall be subject to any legally required notice, hearing, posting, or reporting requirement.

16.3 Governing Law and Venue
This Agreement shall be governed by California law. Venue for any action arising out of this Agreement shall be in Santa Clara County, California.

16.4 No Third-Party Beneficiaries
This Agreement is for the sole benefit of City and Company and does not create rights in any third party.

16.5 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in effect unless the invalid provision is material to the Agreement’s purpose.

16.6 No Waiver
No waiver of any provision shall be effective unless in writing. No waiver shall constitute a continuing waiver or waiver of any other provision.

16.7 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

16.8 Interpretation
The headings in this Agreement are for convenience only. The Agreement shall be interpreted according to its fair meaning and not for or against either Party.

16.9 Relationship of Parties
Company is an independent contracting party and not an employee, agent, partner, or joint venturer of City.

16.10 Non-Discrimination
Company shall comply with applicable federal, state, and local laws prohibiting discrimination. 406
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16.11 No Gift of Public Funds
The Parties acknowledge that this Agreement serves valid public purposes and is supported by consideration, including lease retention, economic development, preservation and generation of local revenues, and Company’s obligations under this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY OF CUPERTINO,
a California general law city
By: ______________________________
Name: Tina Kapoor
Title: City Manager
Date: ____________________________
ATTEST:

By: ______________________________
Name: Lauren Sapudar
Title: City Clerk
Date: ____________________________
APPROVED AS TO FORM:

By: ______________________________
Name: Floy Andrews
Title: Interim City Attorney
Date: ____________________________

INSIGHT DIRECT WORLDWIDE,
INC.,
an Arizona corporation
By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________

APPROVED INSIGHT AFFILIATE ACKNOWLEDGMENT
The undersigned Approved Insight Affiliate acknowledges and agrees to comply with Sections 5, 7, 8, 9, 11, and 12 of this Agreement to the extent applicable to its Taxable Transactions, Cupertino Facility activities, records, certifications, and reporting cooperation obligations.

INSIGHT DIRECT USA, INC.

By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________
INSIGHT PUBLIC SECTOR, INC.

By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________
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ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN ECONOMIC DEVELOPMENT AND SALES TAX SHARING

AGREEMENT BY AND BETWEEN

THE CITY OF CUPERTINO
AND
INSIGHT DIRECT WORLDWIDE, INC.

Pursuant to Government Code Section 53083, the City Council of the City of Cupertino must hold a noticed public hearing and, prior to the public hearing, provide all of the following information in written form and available to the public and through the City’s website, regarding a proposed economic development subsidy to be provided by the City pursuant to an Economic Development and Sales Tax Sharing Agreement (“Agreement”) by and between the City of Cupertino (“City”) and Insight Direct Worldwide, Inc (“Insight”). Notice was published on City’s website for a public hearing to be held on July 21, 2026.

The purpose of this Economic Development Subsidy Report (“Report”) is to provide the information required pursuant to Government Code Section 53083 regarding the Agreement.

This Report shall remain available to the public as further described in Section 2, below.

1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.

Insight Direct Worldwide, Inc.
2701 E. Insight Way
Chandler, AZ 85286
Insight Direct USA, Inc.
2701 E. Insight Way
Chandler, AZ 85286
Insight Public Sector, Inc.
2701 E. Insight Way
Chandler, AZ 85286

2. The start and end dates and schedule, if applicable, for the economic development subsidy.

Subject to City Council approval and the execution by Insight of a new lease or lease extension with an approximate three-year term, the proposed Agreement is expected to commence on or about December 1, 2026, and expire on or about December 31, 2029, unless extended in accordance with its terms.
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3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.

If Eligible Local Tax Revenues for a Fiscal Year exceed $250,000, City shall pay Insight a Revenue Sharing Payment calculated as follows:
a) If Eligible Local Tax Revenues exceed $250,000 but are less than $500,000, the Revenue Sharing Payment shall equal $62,500 plus twenty-five percent (25%) of Eligible Local Tax Revenues between $250,000 and $500,000.
b) If Eligible Local Tax Revenues equal or exceed $500,000 but are less than $1,000,000, the Revenue Sharing Payment shall equal $125,000 plus forty percent (40%) of Eligible Local Tax Revenues between $500,000 and $1,000,000.
c) If Eligible Local Tax Revenues equal or exceed $1,000,000, the Revenue Sharing Payment shall equal $500,000 plus thirty-five percent (35%) of Eligible Local Tax Revenues in excess of $1,000,000.

4. A statement of the public purposes for the economic development subsidy.

The public purposes of the Agreement are to retain Insight, an existing business that has maintained a presence in Cupertino since 2006. The economic development subsidy will ensure that Insight remains within the City, thereby preserving its contribution to the City’s diverse tax base and supporting the City’s ongoing economic vitality.

5. Projected tax revenue to the local agency as a result of the economic development subsidy.

The economic development subsidy is projected to generate approximately $2.4 million in annual gross tax revenue, of which approximately $1.4 million would be retained by the City and approximately $1.0 million would be rebated to Insight. Over the initial three-year term, the agreement is projected to generate approximately $7.2 million in gross tax revenue, with approximately $4.2 million retained by the City and approximately $3.0 million rebated to Insight.

6. Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.
• 31 full-time jobs, including hybrid workers, are assigned to the Cupertino office • 0 part-time jobs
• 0 temporary positions
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING AN

ECONOMIC DEVELOPMENT AND SALES TAX SHARING AGREEMENT
WITH INSIGHT DIRECT WORLDWIDE, INC., OR AN AFFILIATED

INSIGHT ENTITY, MAKING FINDINGS UNDER GOVERNMENT CODE
SECTION 53083, FINDING THAT THE AGREEMENT IS NOT AN

ECONOMIC DEVELOPMENT SUBSIDY TO A WAREHOUSE

DISTRIBUTION CENTER, AND AUTHORIZING EXECUTION AND

IMPLEMENTATION OF THE AGREEMENT
WHEREAS, the City of Cupertino (“City”) is a California general law city duly organized and existing under the laws of the State of California; and WHEREAS, Insight Direct Worldwide, Inc, and/or one or more affiliated Insight entities, including without limitation Insight Direct USA, Inc., Insight Public Sector, Inc., or such other affiliated Insight entity approved by the City Manager for purposes of the Agreement described below, conduct business activities involving transactions that may be subject to California sales and use taxes; and
WHEREAS, the City and Insight Direct Worldwide, Inc., or related Insight entities, previously entered into agreements relating to the assessment, creation, retention, and allocation of local sales and use tax revenues derived from Insightrelated taxable transactions; and WHEREAS, Insight has represented that it desires to continue maintaining a business location in the City at 10050 N. Wolfe Road, Ste. 281, Cupertino, CA 95014 (“Cupertino Facility”) pursuant to a new potential lease, lease amendment, or lease extension with a term of not less than three years, commencing on or about December 1, 2026 and expiring no earlier than December 1, 2029, together with additional potential extensions (“Lease”); and
WHEREAS, the Agreement is intended to encourage Insight to maintain the Cupertino Facility, continue business activities within the City, preserve and potentially increase local sales and use tax revenues lawfully allocated to the City, and generate economic and fiscal benefits for the City without a commensurate burden on City services; and
WHEREAS, payments under the Agreement are payable only from Eligible Local Tax Revenues, as defined in the Agreement, actually allocated, distributed, 410
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and paid to the City by the California Department of Tax and Fee Administration (“CDTFA”) as a result of taxable transactions involving Insight for which the Cupertino Facility is the CDTFA-determined place of sale, or for which allocation to the City is otherwise lawful under applicable CDTFA rules, guidance, and determinations; and
WHEREAS, the Agreement does not require or encourage any unlawful allocation, reallocation, diversion, or reporting of sales or use tax revenues, and the Agreement conditions payments on revenues being lawfully allocated, distributed, and paid to the City; and
WHEREAS, Government Code section 53083 requires that, before approving an economic development subsidy, a local agency provide specified information in written form available to the public and through its website, if applicable, and provide public notice and a hearing regarding the economic development subsidy; and
WHEREAS, before approving the Agreement, the City prepared and made available to the public the information required by Government Code section 53083, including the name and address of the beneficiary, the start and end dates and schedule for the subsidy, a description of the subsidy, the estimated total amount of public funds expended or revenue lost, the public purpose of the subsidy, projected tax revenue to the City, and the estimated number of jobs created or retained, to the extent such information is applicable and available; and WHEREAS, the City provided public notice of the hearing on the Agreement and the economic development subsidy contemplated by the Agreement, and the City Council held a public hearing at a regular meeting to consider the Agreement, the information required by Government Code section 53083, and any written or oral testimony presented; and WHEREAS, based on information provided to the City, the Cupertino Facility is not a warehouse distribution center, and the Agreement is not an economic development subsidy to a warehouse distribution center within the meaning of Government Code section 53083.1; and
WHEREAS, based on Insight’s representations and information available to the City, the Agreement is not intended to violate Government Code section 53084.5 because the Agreement is not intended to reduce Bradley-Burns local sales 411
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and use tax revenues that, in the absence of the Agreement, would be received by another California local agency while the applicable retailer continues to maintain a physical presence in that other local agency’s jurisdiction; and WHEREAS, Revenue and Taxation Code section 7213 and applicable CDTFA regulations and guidance require local agencies to report and publish specified information regarding tax revenue sharing agreements involving Bradley-Burns local sales and use tax revenues; and
WHEREAS, the Agreement requires Insight to cooperate with the City in connection with the City’s reporting, publication, and posting obligations under Revenue and Taxation Code section 7213 and applicable CDTFA regulations and guidance; and
WHEREAS, the Agreement is expressly conditioned on Insight or an approved Insight affiliate executing and delivering evidence reasonably satisfactory to the City Manager of the required three-year lease, lease amendment, or lease extension for the Cupertino Facility, and no revenue sharing payment pursuant the Agreement (“Revenue Sharing Payment”) will accrue, be due, or be payable unless and until that lease condition is satisfied; and WHEREAS, if the lease condition is timely satisfied, Eligible Local Tax Revenues received by the City for the period beginning July 1, 2026 may be included in calculating Revenue Sharing Payments under the Agreement, subject to all limitations, exclusions, offset rights, reconciliation rights, withholding rights, and repayment obligations set forth in the Agreement; and WHEREAS, if the lease condition is not timely satisfied, the Agreement will automatically terminate and be of no further force or effect without further action by either party, the City will have no obligation to calculate, accrue, or make any Revenue Sharing Payment, and Insight will have no right to receive any payment or compensation under the Agreement for any period; and WHEREAS, the City Council finds that the Agreement serves valid public purposes, including lease retention, preservation and potential enhancement of local tax revenues, economic development, support for local business activity, support for employment and business presence in the City, and protection of the City’s fiscal interests; and
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WHEREAS, the City Council further finds that the public benefits anticipated from the Agreement are adequate consideration for the limited sharing of Eligible Local Tax Revenues under the Agreement and that approval of the Agreement does not constitute an unlawful gift of public funds; and WHEREAS, the City Council has considered the staff report, the Agreement, the information required by Government Code section 53083, all written materials submitted to the City Council, all oral and written public testimony, and the full record before it.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:

1. Find that the foregoing recitals are true and correct and incorporated into this Resolution.

2. Approve the Economic Development and Sales Tax Sharing Agreement with Insight Direct Worldwide, Inc, or such other affiliated Insight entity as is the tenant under the Lease and approved by the City Manager, in substantially the form presented to the City Council, together with such final administrative, clerical, conforming, and non-substantive revisions as may be approved by the City Manager and City Attorney.

3. Find that the City has satisfied the applicable requirements of Government Code section 53083 before approving the Agreement, including making available the information required by Government Code section 53083 and providing public notice and a public hearing regarding the economic development subsidy contemplated by the Agreement.

4. Find that the Agreement serves valid and substantial public purposes, including encouraging Insight’s continued lease and business presence in the City, preserving and potentially increasing local sales and use tax revenues lawfully allocated to the City, supporting employment and business activity in the City, and advancing the City’s economic development and fiscal objectives.

5. Find, based on the information provided to the City, that the Cupertino Facility is not a warehouse distribution center and that the Agreement is not an economic development subsidy to a warehouse distribution center within the meaning of Government Code section 53083.1.
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6. Find, based on Insight’s representations and information available to the City, that the Agreement is not intended to violate Government Code section 53084.5, and further find that the Agreement includes safeguards allowing the City to suspend payments or terminate the Agreement if the City determines that the Agreement would violate Government Code section 53084.5 or other applicable law.

7. Direct City staff to comply with applicable reporting, publication, and website posting requirements under Revenue and Taxation Code section 7213 and applicable CDTFA regulations and guidance, and to maintain records reasonably necessary to document compliance with such requirements.

8. Approve the Agreement subject to the lease condition set forth in the Agreement. No Revenue Sharing Payment shall accrue, be due, or be payable unless and until Insight or an approved Insight affiliate executes and delivers to the City evidence reasonably satisfactory to the City Manager of a binding lease, lease amendment, or lease extension for the Cupertino Facility satisfying the requirements of the Agreement.

9. Authorize the City Manager to execute the Agreement on behalf of the City, subject to final approval as to form by the City Attorney, and to take all actions reasonably necessary or appropriate to implement the Agreement, including confirming satisfaction of the lease condition, approving affiliated Insight entities for purposes of the Agreement, calculating and making Revenue Sharing Payments in accordance with the Agreement, withholding or offsetting payments as permitted by the Agreement, requesting certifications and information from Insight, and administering the Agreement in accordance with its terms.

10. Provide that any extension of the Agreement shall be subject to the extension provisions of the Agreement and to any public notice, hearing, reporting, posting, or other legal requirements then applicable, including Government Code section 53083 and Revenue and Taxation Code section 7213, to the extent applicable.

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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 approves an economic development and sales tax sharing agreement and does not approve any physical development, change in land use, construction activity, or other activity that would result in a physical change in 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 21
st day of July, 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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CITY OF CUPERTINO
Agenda Item
26-15224 Agenda Date: 7/21/2026
Agenda #: 12.

Subject: Review of attendance record and consideration of an attendance policy waiver for Library Commissioner Janki Chokshi.

Review the attendance record of Library Commissioner Janki Chokshi and determine whether to grant a waiver of the attendance policy, pursuant to the Commissioner’s Handbook, to retain Commissioner Chokshi on the Library Commission, or terminate the appointment.

CITY OF CUPERTINO Page 1 of 1 Printed on 7/16/2026
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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: July 21, 2026
Subject
Review of attendance record and consideration of an attendance policy waiver for Library Commissioner Janki Chokshi.

Recommended Action
Review the attendance record of Library Commissioner Janki Chokshi and determine whether to grant a waiver of the attendance policy, pursuant to the Commissioner’s Handbook, to retain Commissioner Chokshi on the Library Commission, or terminate the appointment.

Background
Pursuant to Resolution No. 26-042 (Commissioners’ Handbook) (Attachment A), any member of an advisory body who misses more than 25% of regular meetings within a single calendar year is subject to a review of their attendance record and may be removed by a vote of the City Council.

Library Commissioner Janki Chokshi is currently serving on the Library Commission for a term expiring on January 30, 2027. Commissioner Chokshi previously served on the Arts and Culture Commission (formerly the Fine Arts Commission) from 2016 to 2023.. Commissioner Chokshi was subsequently appointed to the Library Commission in 2023 for a term expiring on January 30, 2027.

To date, Commissioner Chokshi has accumulated two unexcused absences during the 2026 calendar year. The first absence occurred at the February meeting, which triggered an initial warning letter issued on February 9, 2026 (Attachment B). After a second absence at the June meeting, a referral letter was sent to the Commissioner on June 23, 2026 (Attachment C). This second absence brought Commissioner Chokshi’s total missed meetings to 33.33% of the regular meetings held to date. thereby exceeding the 25% attendance threshold.

On June 23, 2026, Commissioner Chokshi sent an email to the Council (Attachment D) explaining the reasons for the absence, requesting to continue serving on the Commission for the remainder of the term, and confirming her commitment to attend future meetings. 417
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Reasons for Recommendation and Available Options
Commissioner Chokshi has exceeded the 25% attendance threshold established by Resolution 26-042. Staff recommends that the City Council review the attendance record and consider whether to grant a waiver of the attendance policy and allow Commissioner Chokshi to continue serving on the Library Commission or terminate the appointment.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None.

Council Goal:

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

A – 2026 Commissioners’ Handbook
B – Warning Letter
C – Termination Referral to Council Letter
D – Letter from Commissioner to Council
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RESOLUTION NO. 26-042

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE 2026 COMMISSIONERS’ HANDBOOK
WHEREAS, on March 5, 2024, the Cupertino City Council identified a need to update the 2021 Commissioner’ s Handbook as part of the 2023- 2025 City Work Program and adopted revisions to policies and procedures; and
WHEREAS, on April 7, 2026, the City Council considered revisions to proposed policies and procedures at a duly noticed regular meeting of the City Council.

NOW, THEREFORE, BE IT RESOLVED that:

1. The 2024 Commissioner' s Handbook and the procedures, policies, and rules therein are hereby repealed and rescinded.

2. The City Council hereby adopts the 2026 Commissioners’ Handbook attached hereto as Exhibit A.

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

Members of the City Council
AYES: Moore, Chao, Fruen, Mohan
NOES: None
ABSENT: Wang
ABSTAIN: None
Kitty Moore, Mayor
City of Cupertino
4/30/2026_____________________
Date
Lauren Sapudar, City Clerk
4/30/2026____________________
Date
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COMMISSIONERS’

HANDBOOK
2026
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Table of Contents
STRUCTURE OF GOVERNMENT 2
Form of Government
City Council
City Manager and Staff
Commissions
Committees
COMMISSION MEMBERSHIP 5
Quorum, Attendance, Training, and Reporting
Alternate Members
Broad Representation
Vacancies
Resignations and Removals
Ethics
MEETINGS 7
Regular Meetings
Adjourned Meetings
Special Meetings
Subcommittees
Hybrid Meetings and Remote Participation
Work Plan
Agendas Preparation for
Meetings Minutes
Procedure
Decorum at Meetings
Basis for your Decision
Recommendations to City Council
CITY WORK PROGRAM 12
COMMUNICATIONS 13
RESOURCES 14
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THE STRUCTURE OF GOVERNMENT

FORM OF GOVERNMENT
The City of Cupertino operates as a general law city with a City Council -City Manager form of government where the City Council sets policy. The City Manager manages the implementation and administration of those policies.

CITY COUNCIL
The City Council is the governing legislative body of the City, consisting of five members elected in even numbered years to staggered four -year terms. These councilmembers then elect the mayor and vice mayor to one -year terms. The City Council sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council and the official spokesperson and representative of the City.

CITY MANAGER AND STAFF
City Manager
The City Manager has complete responsibility and authority for the administration of the City’ s government. The City Manager is appointed by and serves at the pleasure of the Council and is the appointing authority for the City, selecting the department heads and other employees. The City Manager coordinates and directs the services of the City staff. Commissioners should not attempt to direct or prioritize work for departments or individual staff.

City Clerk
The City Clerk administers the recruitment, appointment, and onboarding of the appointed commissioners. The City Clerk administers the necessary steps for commissioners to begin their service, including administering the Oath of Office to commissioners and providing an orientation to the commissioners regarding the role of the commission to which they have been appointed. The City Clerk oversees commission membership, including annual attendance, ensuring commissioners submit a signed Code of Ethics and complete the necessary trainings. The City Clerk is the filing officer for Statements of Economic Interests (Form 700s), and any other required filing as identified by the City Council and the State. 422
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City Attorney
The City Attorney’s Office provides legal advice to City commissions and staff supporting the commissions. The City Attorney may provide advice regarding matters pending before a commission, compliance with the Brown Act, and other legal issues. In addition, commissioners may seek informal advice from the City Attorney’s Office regarding conflicts of interest; provided, however, that it is understood that a commissioner is automatically protected from potential liability for conflict of interest only upon taking action that conforms to a written opinion issued by the California Fair Political Practices Commission.

Staff
Staff refers to City employees assigned by the City Manager to assist Commissions in an advisory capacity. Staff provide subject matter expertise, analysis, and guidance to help the Commission make informed decisions. Staff also coordinates logistics associated with legal requirements, agenda preparation and posting. It is not expected that every staff recommendation will be followed; however, because of the staff' s technical knowledge, full consideration should be given to their recommendation. Staff are at liberty to make their recommendation to the City Council through the City Manager, even though the commission may have taken a different position. However, in these cases, the commission recommendation will be made clear to the City Council.

Staff Liaison
A staff liaison is assigned to each commission and is the primary point of contact for all commissioners. Their main duties include facilitating meetings, preparing agendas, and advising commissioners. Commissioners should reach out to their liaison if they have any questions regarding matters of the commission, or if they would like to contact other staff regarding official business.

Commission Administrator
The Commission Administrator supports commissioners on meeting procedures, noticing requirements, and materials submitted for the public record. They attend and manage administrative aspects of Commission meetings, including preparing agendas and minutes, running the virtual platform, coordinating meeting technology, and timing public comment. 423
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COMMISSIONS
Commissions are subsidiary legislative bodies, subject to the Brown Act, comprised solely of members appointed by the City Council. The primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council.

Commissions do not manage or direct day-to-day operations or the work of staff. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision- making.

The Council has appointed commissioners as advisors to them. Individual commissioners are at liberty to express their personal opinions to the City Council on items within the scope of their commission’ s jurisdiction if they clearly state that they are speaking on behalf of themselves only . The Council appreciates hearing the rationale supporting both the majority position and the minority position, as this enriches the decision- making process. Commissioners should recognize if their opinion is inconsistent with the full commission’s position. The scope of work, purpose, and other primary functions for each commission can be found in the City Municipal Code Title 2.

Chair and Vice Chair
Each year, every commission will elect from its membership a Chairperson Chair) and a Vice Chairperson ( Vice Chair) who serve at the pleasure of the commission for a one-year term. The Vice Chair acts in this capacity when the Chair is not available.

The Chair should:

Meet with the staff liaison to collaborate on agenda items, guided by the Work Plan.

Maintain order of the meeting, ensure respect for all opinions, protect commissioners, staff, and the public from personal attacks.

Keep discussion focused on the agendized issue at hand.

Solicit opinions from commissioners. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant commissioners from having disproportionate control over the discussion.
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Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action.

Set meeting rules early and make sure everyone abides by them without exception.

Set an acceptable time limit for public testimony (generally three minutes per individual and 10 minutes per group) and stick to it. At the Chair's discretion, the public can interact with the members of the commission beyond the public-comment time limit in order to facilitate better communication of the agendized topic. However, the Chair should take care that all members of the public are given the same opportunities to participate in commission meetings.

Provide periodic updates, approved by the full body, to Council regarding the status of their activities as requested by Council.

COMMITTEES
Committees, for purposes of this Handbook, are subsidiary legislative bodies that are comprised in part of members appointed by the City Council ( either directly or ex officio). Committees may also include Councilmembers orCity staff among their membership. Where applicable, the requirements of this Handbook shall apply to Council-appointed committee members and to committee meetings and procedures

COMMISSION MEMBERSHIP

QUORUM, ATTENDANCE, TRAINING, AND REPORTING
A quorum consists of a majority of the members of the commission. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the staff liaison and Chair should be notified if a member knows in advance that they will be absent.

Each member, including alternate members, should complete all training required by state or federal law or by a City rule or policy.

Required Trainings for Commissioners:

Ethics (AB 1234): 2 hours; within 6 months of appointment, then every 2 years.
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Anti-Harassment (SB 1343): 1 hour; within 6 months, then every 2 years.

Annual Commission Training: Once per year.

A member may be removed from an advisory body by a vote of the City Council under the following conditions, in addition to those stated under Resignations and Removals below:

A member misses more than three consecutive meetings during a term
A member misses more than 25% of the advisory body's regular meetings in a calendar year
A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance
Any meeting canceled due to the lack of a quorum will be counted against all of the commissioner(s) unable to participate as a missed meeting.

ALTERNATE MEMBERS
One alternate commission member will be appointed to each commission. The alternate member is required to attend commission meetings as a non-voting member, in person, virtually, or by reviewing the record of the meeting. In the event a regular commission member is absent and the non-voting member is attending in person, the Chair will ministerially “ seat” the alternate member as a regular member such that the alternate member will step into the absent member’ s role for that meeting, as a voting member and for the purpose of satisfying quorum requirements. If a regular commission member vacates their seat, the City will undertake a recruitment under the Maddy Act (Govt. Code Sections 54970 through 54972) to identify a member to be appointed by the Council to fill the vacancy. Alternate members have all the same requirements and capabilities as regular commissioners except voting rights unless they are seated as a regular member to take the place of an absent member.

VACANCIES
Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term. 426
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RESIGNATIONS AND REMOVALS
If a member is unable to continue serving because of health, business requirements or personal reasons, a letter of resignation should be submitted to the City Council. The position of any member may be vacated at the discretion of the City Council 1) if a member ceases to meet the qualifications for office, 2) when Council accepts a member’s resignation, 3) when the member fails to comply with the attendance, training, and reporting requirements, or 4) when the Council so declares. The removal of a commissioner will be put on the City Council agenda for action by the City Council, as required by the Council Procedures Manual.

BROAD REPRESENTATION
Representation on City commissions by residents from across the City promotes broad engagement, equity and access to City decisionmakers. To promote broad engagement the City discourages individuals from serving on two or more City commissions simultaneously. Additionally, the City’s Municipal Code section

2.36.010 currently prevents the Council from appointing members who cohabit” or are related by blood or marriage to be members of the same City advisory body.

ETHICS
Residents and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the City Council has adopted a Code of Ethics and Conduct for Elected and Appointed Officials Resolution No. 23- 122). Commissioners should be familiar with and must comply with the Ethics Code in conducting City business. Commissioners must review and sign the Code of Ethics, affirming that they understand and will uphold its principles.

MEETINGS

REGULAR MEETINGS
Commissions are required to hold regular meetings open to the public as provided by the enabling ordinance. The agenda for these meetings must be posted at least 72 hours prior to the meeting. A meeting may be cancelled by the 427
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staff liaison in consultation with the Chair if there is no Commission business to be conducted, or if a quorum will not be present. Staff will prepare the public cancellation notice. This cancellation procedure applies to both regular and special meetings.

ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting; otherwise, any remaining items shall be continued to the next regular meeting of the Commission.

SPECIAL MEETINGS
A special meeting may be called by the Chair or a majority of the members to address time- sensitive matters that cannot wait until the next regular meeting.

Special meetings should be scheduled in coordination with the staff liaison, considering facility and staff availability, and are not intended to replace regular meetings for convenience.

SUBCOMMITTEES
The Chair may appoint special subcommittees of less than a quorum of the commission who then may meet at their convenience to carry out the purpose of the subcommittee. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisions will apply.

HYBRID MEETINGS AND REMOTE PARTICIPATION
The City offers hybrid meetings to make it easier for public engagement and participation for all commissions and committees. Under the Brown Act, commissioners may participate remotely if they follow the rules set by state law.

Commissioners may participate remotely for an approved reason, either under standard state rules or for special circumstances such as illness, emergency, or caregiving. Commissioners should submit requests in advance and notify staff.

For special circumstances, the reason should be stated during the meeting. A majority of the commission must still attend in person at the meeting location 428
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listed on the agenda. All meetings must be open to the public, and the public must be able to observe and provide comments either in person or remotely.

WORK PLAN
A commission work plan is established annually to guide staff workflow and ensure that the commission’s activities align with City Council priorities, as well as the department’s strategic goals and objectives. This approach is used to set the agenda, prioritize initiatives, allocate resources effectively, and monitor progress throughout the year. The work plan serves as a framework for decisionmaking, promotes accountability, and ensures that the commission remains focused on achieving measurable outcomes that benefit the community.

New elements to the work plan should be introduced on an occasional basis and only in response to timely or emerging needs, rather than added routinely. All commission work plan items should align with Council’ s adopted goals and vision strategy.

AGENDAS
Each commission has a staff liaison responsible for preparing agendas in consultation with the Chair. If a commissioner or staff member intends to bring up an item for discussion or action, the item must be included on the agenda in accordance with the Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to set the agenda. The staff liaison will set aside time to work with the Chair on the agenda. If the Chair is unavailable, some items may be deferred, and staff will proceed with publishing the agenda according to established deadlines. The Chair should make reasonable efforts to coordinate with the staff liaison. Commissioners can propose agenda items within the purpose of the commission to the staff liaison prior to the agenda setting date. No agenda item requiring preparation of a staff report may be scheduled without approval of the City Manager or their designee.

Agenda items shall be policy in nature and not operational, ensuring that the commission’ s role remains focused on providing guidance rather than engaging in day-to-day administrative functions.
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Future Agenda Setting
The staff liaison will maintain a list of future agenda items that the commission plans to discuss. The Chair, the staff liaison, or any two commissioners can add an agenda item within the commission’s purpose to the future agenda item list and it will be scheduled at the discretion of the Chair and staff liaison. To provide commissioners an opportunity to discuss whether to add an item to the future agenda item list, each regularly scheduled agenda will include a “Future Agenda Setting” item. The Chair and staff liaison will strive to include suggested agendas for at least two upcoming meetings, as well as other to-be-agendized items. Once an item is added to the future agenda item list, it cannot be removed until it is discussed for removal at a regularly scheduled meeting during the item for “ Future Agenda Setting.” In addition, the item will not be removed if the Chair or at least two commissioners wish for the item to remain on the future agenda item list.

Staff Updates and Commissioner Activity Report
Each regularly scheduled agenda will also include a " Staff and Commission Reports" item for staff to report on updates and the members to provide a concise report on any activities they have taken part in related to the commission since the prior regularly scheduled meeting.

PREPARATION FOR MEETINGS
Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. Check if you may have a conflict of interest with any of the items due to property or monetary interests. If it is unclear, the commissioner can explain the situation to the staff liaison who can seek legal counsel from the City Attorney. For more information on conflicts of interest, please review the Fair Political Practices Commission ( FPPC) Conflicts of Interest Rules.

Understand what action you are being called upon to take for each particular agenda item.

Contact the Chair or your staff liaison before the meeting to clarify questions about the agenda or request further information.

Members are expected to check their emails regularly for meeting notices and updates.

Understand the responsibilities of your commission. As a member of an advisory body, you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff.
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MINUTES
The approved minutes are placed on file by the City Clerk for public access.

Commissions should strive to keep summary minutes as opposed to action minutes, unless automatic transcription of the meeting is available. If automatic transcription is made available to supplement official minutes, action minutes may be sufficient.

PROCEDURE
Commissions follow the guidelines on parliamentary procedure contained in Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the basic format for an agenda item discussion.

DECORUM AT MEETINGS
Discourage outward signs of agreement or disagreement from the audience such as cheering or clapping. Such demonstrations can intimidate those wishing to express alternate views and delay the meeting. Also see Conduct of Members in the Cupertino Ethics Code.

Limit your own comments to the issues before the commission. Avoid the appearance of straying from the subject or "grandstanding".

BASIS FOR YOUR DECISION
Commission decisions should be based principally on the information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you should share that information with your fellow commissioners in the public meeting. This sharing of information will ensure that other commissioners and members of the public have a better understanding of the rationale for your decision.

Commissioners are free to meet or refuse to meet with residents, resident groups, developers or prospective contractors, or any persons outside of the public meeting process concerning issues before the commission.

Commissioners shall disclose any ex parte contact with parties to or participants in a quasi-judicial matter. (A quasi- judicial matter is typically a 431
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hearing in which a commission hears evidence and makes findings of fact to reach a conclusion based on the applicable law.) Commissioners are encouraged to disclose meetings with other individuals that provide information upon which to base the commissioners’ decisions.

All quasi-judicial procedures and process must follow due process and allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination or refusal to hear an issue, may invalidate actions.

Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position.

RECOMMENDATIONS AND REPORTS TO CITY COUNCIL
The Chair shall select a member to represent the commission at any City Council meeting where a commission recommendation is agendized for discussion. The commissioner selected by the Chair as the commission representative should represent the position of the commission as a whole at the meeting. Each commission shall prepare an annual report on its activities for the City Council.

CITY WORK PROGRAM
The City Council approves an annual City Work Program to guide the work of the City. Commissioners are encouraged to review current City Work Program items and send their recommendations for additional items within the scope of the commission's jurisdiction to City Council for their consideration. Ultimately the City Council will determine the final items on the City Work Program. Since the City Council sets the City Work Program to guide the priority efforts in the City, commission work plans and agendas should be aligned accordingly. 432
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COMMUNICATIONS
Staying Informed
Commissioners should sign up for City email notifications to stay informed of various community events and public meetings.

The City uses social media outlets, surveys, email notifications, the Scene, and the City website for outreach to the community. For appropriate conduct on social media, see the City’s Social Media Policy.

USE OF CITY EMAIL
All newly appointed City commissioners will be assigned a mandatory City email address after reviewing and signing the Technology Use Policy. Commissioners are required to inform Information Technology ([email protected]) and the staff liaison of any travel outside of the United States at least 2 business days prior to the said travel.

As noted under the Brown Act, care should be taken with regard to emails. Never select “ Reply All” to an email to all commissioners or forward an email sent to you by one commissioner to another commissioner since that might constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison.

All City emails are subject to the Public Records Act, and you should use your City email to communicate about any matter within the jurisdiction of your commission. Emails sent from a personal email account, including those from a personal device, are also subject to the Public Records Act to the extent they address a matter related to your commission’ s jurisdiction. Please use your City email when communicating to enhance efficiency and transparency, and add the text below to any email sent from your City email with your unique information replacing the bracketed language. The simplest method to ensure the text is included is to add an automatic signature to your City email account.

I am [ TITLE] of the [ NAME OF ADVISORY BODY] of the City of Cupertino. The [ NAME OF ADVISORY BODY] is an advisory body to the City Council of the City. I am not an authorized agent of the City, nor do I have authority to represent the City or the City Council. 433
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When advocating or discussing a matter within the scope of your commission’s jurisdiction, please ensure that the email cannot be construed as representing the views of the full commission. Please do not forward or reply to a City email from your personal email address. Once your term on the commission is over, your City email will be terminated.

RESOURCES
Commissioners should familiarize themselves with the following resources:

City policies relating to ethics, social media, commissions, diversity, resident communication with staff, and technology, as well as the Cityorganizational chart, a Rosenberg’ s Rules of Order cheat sheet, and other resources can be found online in the Commission Resources folder.
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February 9, 2026
Janki Chokshi
Library Commission
[email protected]

Dear Commissioner Chokshi,
I am writing to remind you of the attendance requirements for the City’s advisory commission. These requirements are fairly rigid in order to increase the likelihood of a quorum for all meetings.

My records indicate that you have missed 1 of the 6 regular scheduled Library Commission meetings for the year, which is the equivalent to 17% of the scheduled meetings. The meeting that you missed was February.

Cupertino Resolution 24-022 indicates that an incumbent who misses more than 3 consecutive meetings or more than 25% of the commission’s regular meetings is automatically removed from the commission. If you miss one more meeting this year, your performance record will be forwarded to the City Council for discretionary review, which may result in your removal from the commission.

If you have any questions about these requirements, please contact me by email at [email protected] or by telephone at 408-777-3225.

Lauren Sapudar
Acting City Clerk
cc: Molly James
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The following is an excerpt from Resolution No. 24-022:

C. UNSCHEDULED VACANCIES, ATTENDANCE, AND TRAINING

3. A member shall be considered removed from an advisory body under the following conditions:
• A member misses more than three consecutive meetings
• A member misses more than 25% of the advisory body’s regular meetings in a calendar year
• A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a 30-day opportunity to correct the noncompliance. A member who has failed to complete any mandated or legally required training or reporting requirement shall be precluded from participating in advisory body meetings as a member of such body.

4. It is the responsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the regular meetings, and to send a termination notice if the member has missed more than three consecutive meetings or more than 25% of the regular meetings in a calendar year.

5. A member who has been removed from an advisory body for inadequate attendance, failure to complete a legally required training, or noncompliance with conflict of interest reporting requirements may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability.
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Lauren Sapudar
City Clerk
cc: Rachelle Sander
Molly James

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The following is an excerpt from Resolution No. 26-042

COMMISSION MEMBERSHIP
A member may be removed from an advisory body by a vote of the City Council under the following conditions, in addition to those stated under Resignations and Removals below:
• A member misses more than three consecutive meetings during a term • A member misses more than 25% of the advisory body's regular meetings in a calendar year
• A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance
• Any meeting canceled due to the lack of a quorum will be counted against all of the commissioner(s) unable to participate as a missed meeting. 439
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1 Lauren Sapudar
From: Janki Chokshi
Sent: Tuesday, June 23, 2026 1:13 PM
To: City Clerk
Subject: Request to consider
Follow Up Flag: Follow up
Flag Status: Flagged
Dear City Council Members,
I was unable to access my city email for two days because my computer was down and city email access was limited to my laptop. As a result, I missed the meeting notification and, unfortunately, was unable to attend. I respectfully request your understanding and ask to continue serving as Library Commissioner for the remainder of my term. I assure you I will be more attentive in regularly checking my city emails to prevent any future issues.

Thank you for your consideration. I am eager to fulfill my responsibilities and continue serving throughout my term.

Regards,
Janki
Janki Chokshi
Library Commissioner
[email protected]
“I am a Commissioner of the Library Commission of the City of Cupertino. The Library Commission is an advisory body to the City Council of the City. I am not an authorized agent of the City, nor do I have authority to represent the City or the City Council.”
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CITY OF CUPERTINO
Agenda Item
26-14993 Agenda Date: 7/21/2026
Agenda #: 13.

Subject: Amendments to the City’s Naming, Donation, and Sponsorship Policies Adopt the following resolutions:

1. Resolution No. 26-088 Rescinding Resolution No. 17-103 and Adopting an Amended Naming of City Facilities Policy;

2. Resolution No. 26-089 Rescinding Resolution No. 17-102 and Adopting an Amended Policy for Accepting Donations;

3. Resolution No. 26-090 Rescinding Resolution No. 18-101 and Adopting an Amended Policy for Accepting Sponsorships.

CITY OF CUPERTINO Page 1 of 1 Printed on 7/16/2026
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CITY MANAGER’S OFFICE

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

CITY COUNCIL STAFF REPORT
Date: July 21, 2026
Subject
Amendments to the City’s Naming, Donation, and Sponsorship Policies Recommended Action
Adopt the following resolutions:

1. Resolution No. 26 - ___ Rescinding Resolution No. 17-103 and Adopting an Amended Naming of City Facilities Policy;

2. Resolution No. 26 - ___ Rescinding Resolution No. 17-102 and Adopting an Amended Policy for Accepting Donations;

3. Resolution No. 26 - ___ Rescinding Resolution No. 18-101 and Adopting an Amended Policy for Accepting Sponsorships.

Background
The City Council requested a review of the approval process for any entity to place a logo, name, or brand, on any City property as part of the Future Agenda Items/TBD List. Staff reviewed the Naming of City Facilities, Donation, and Sponsorship policies to evaluate how each policy addresses recognition and to identify opportunities to improve clarity, consistency, and coordination among them. Currently, these policies address different forms of recognition but do not consistently provide guidance regarding logos, trademarks, branding, sponsorship recognition, and naming rights on City propoerty.

Reasons for Recommendation and Available Options
Staff reviewed each policy to clarify its distinct purpose and role in the City’s recognition framework. The proposed amendments are described below:

Policy on Naming, Logos, and Branding of City Facilities Policy (Attachments A-C) This policy governs the naming of City facilities and assets. Staff recommends amending the Naming of City Facilities Policy to clarify its purpose as the policy for all forms of permanent recognition on City-owned property. The proposed amendments also expand the definition of naming and recognition to include logos, trademarks, colors, insignia, symbols, or any other branding that identifies or is associated with an individual, organization, business, or other entity. The proposed amendments also clarify that requests involving donor recognition, 442
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sponsorship recognition, commemorative recognition, or other forms of acknowledgment will be subject to the City's Donation Policy, and/or Sponsorship Policy. Any request for permanent recognition would require review and approval by the City Council pursuant to the Naming Policy.

Donation Policy (Attachments D-F)
The Donation Policy governs the City’s acceptance of gifts, property, and financial contributions that do not provide benefits or consideration in return to the donor. This policy does contain provisions regarding donor recognition. Staff proposes amending the guidelines for donor recognition to clarify that acceptance of a donation does not create any entitlement to naming rights, branding, logo placement, sponsorship benefits, advertising, or other forms of recognition. The amendments further establish that while the City Council may continue to recognize donations through commemorative plaques, any request for permanent recognition beyond a plaque will be governed by the Naming of City Facilities Policy as applicable.

Sponsorship Policy (Attachments G-I)
The Sponsorship Policy governs situations where benefits are provided to a sponsor in exchange for financial or in-kind support to the City. Staff recommends amending this policy to clarify the distinction between temporary sponsorship recognition and permanent recognition on City property. The existing policy allows sponsorship benefits to include recognition through a sponsor's name or logo on City property, printed materials, or public acknowledgements for a specified period of time. Staff proposes adding language to clarify that any sponsorship recognition extending beyond the duration of the sponsored event, program, or activity must comply with the City's Naming, Logo, and Branding Policy. This amendment preserves the intent of the Sponsorship Policy by continuing to allow temporary sponsorship recognition while establishing a clear process for evaluating requests involving permanent logos, branding, naming rights, or other enduring forms of recognition on City-owned assets.

Commemorative Bench Dedication Policy (Attachment J)
The City currently also maintains a Commemorative Bench Dedication Policy which governs the City's memorial bench program and establishes standards for commemorative recognition through benches and plaques. This policy was created in 2023 at the request of the City Council because the Donation and Naming Policies did not include specific guidelines for commemorative benches. This policy is attached as Attachment J for reference.

In summary, the recommended changes to the three policies are as follows:

Policy Purpose Proposed Changes
Donation Policy Governs the acceptance of
monetary and non-monetary
gifts, property, and
contributions to the City
Clarifies that donations do not create
naming, branding, logo placement,
sponsorship, or other recognition rights
unless expressly authorized in the policy.
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without any expectation of
benefits in return
Directs all other recognition requests to
the Naming, Logo, and Branding Policy.

Sponsorship
Policy
Governs arrangements
where financial or in-kind
support is provided in
exchange for recognition or
other benefits from the City.

Clarified that sponsorship recognition is
generally associated with the duration of
a specific event, program, or activity.

Adding clarity that permanent
recognition is subject to the Naming,
Logo, and Branding Policy.

Naming, Logo,
and Branding
Policy
Governs permanent names,
logos, branding, trademarks,
and other identifying
features associated with
City-owned facilities,
structures, equipment,
furnishings, and public
assets.

Expanded the policy beyond facility
naming to include logos, trademarks,
branding, symbols, and other identifying
features. Added cross-references to the
Donation and Sponsorship policies.

Conclusion and Next Steps
The proposed policy amendments aim to establish a clearer and more coordinated framework for recognition on City property while preserving the distinct purpose of each policy. The amendments clarify how the City evaluates donor recognition, sponsorship recognition, naming rights, logos, branding, and other identifying features, while establishing clearer policy boundaries and cross-references between related policies. These changes will improve consistency in policy administration, provide greater transparency to applicants and the public, and help ensure recognition requests are reviewed consistently with City Council policy.

If the proposed amendments are not adopted, the existing policies will remain in effect The proposed clarifications and cross-references would not be incorporated into the City's recognition-related policies.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

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

Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact.
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_____________________________________
Prepared by: Astrid Robles, Assistant to the City Manager Reviewed by: Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution for Naming, Logos, and Branding for City Facilities Policy B – Draft Policy on Naming, Logos, and Branding for City Facilities – Redline C – Draft Policy on Naming, Logos, and Branding for City Facilities (Exhibit A) – Clean D – Draft Resolution for Donations Policy
E – Draft Donation Policy – Redline
F – Draft Donation Policy (Exhibit A) – Clean
G – Draft Resolution for Sponsorship Policy
H – Draft Sponsorship Policy – Redline
I – Draft Sponsorship Policy (Exhibit A) – Clean
J – 2023 Commemorative Bench Dedication Policy
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RESOLUTION NO. _____

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
RESCINDING RESOLUTION NO. 17-103 AND ADOPTING AN AMENDED

NAMING OF CITY FACILITIES POLICY
WHEREAS, on September 2, 2003 the Cupertino City Council adopted Resolution No. 03- 162 adopting the Naming of City Facilities and Recognition of Donors Policy;
WHEREAS, on October 17, 2017 the Cupertino City Council adopted Resolution No. 17- 102, establishing the City' s Donation Policy;
WHEREAS, on October 17, 2017 the Cupertino City Council adopted Resolution No. 17-103, rescinding Resolution No. 03-162 and adopting and amending the Naming of City Facilities Policy;
WHEREAS, the City wishes to expand the Naming of City Facilities Policy to include logos and other identifying symbols in addition to the naming provisions set forth in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council does hereby:

1. Rescind Resolution No. 17-103;

2. Adopt and approve the Naming of City Facilities Policy attached as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of July, 2026 by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 26-___

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SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
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POLICY ON NAMING,

LOGOS, AND BRANDING

FOR CITY FACILITIES
Citywide Policy Manual
Policy #
Attachments:

N/A
Effective Date:

July 21, 2026
Responsible Department:

City Manager’s Office
Related Policies & Notes:

Resolution No. 26-XXX, Donation Policy, Sponsorship Policy

NAMING OF CITY FACILITIES POLICY
I. PURPOSE
The purpose of this document is to define the policies, procedures, and responsibilities associated with the permanent naming or identification of city facilities, portions thereof, structures, equipment and furnishings thereof, including the use or display of logos, trademarks, colors, insignia, symbols, or branding that identifies or is associated with an organization, business, or other entity.

II. POLICY GUIDELINES

1. Naming Policy:

City buildings and facilities should be named or identified in a manner that will provideprovides an easy and recognizable reference.

City buildings, facilities or portions thereof, structures, equipment and furnishings may be named or identified:
a) For their geographical location, e. g., neighborhood, major street regional area or the city itself.
b) To honor or recognize individuals, including but not limited to, retired elected officials or community volunteers, who have made extraordinary nonmonetary contributions to the City of Cupertino, the region, or to the general public.
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Resolution No. 26-___

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b)c) With the name, logo, or branding of any organization or business only if approved by the City Council as described in section III below.

III. Procedure for Naming:
a) The naming or identification of any city building, facility or portion thereof, structure, equipment or furnishing, including the use of any logo or branding, based upon the above described guidelines in section II above, is subject to the approval of the Ccity Ccouncil, upon recommendation of the Ccity Mmanager and after the conduct of at least one public hearing.
b) The Ccity cCouncil may refer a particular naming or identification issue to an appropriate commission for the purpose of making a recommendation to the Ccouncil.
c) The cCity cCouncil may remove a name, logo, or branding from a city building, facility or portion thereof, structure, equipment or furnishings when deemed by the Ccity Ccouncil to be in the best interests of the city.
c) Requests involving donor recognition, sponsorship recognition, commemorative recognition, or other forms of acknowledgment will be subject to the City's Donation and Sponsorship Policicies.

Compliance with those policies does not confer naming rights, branding rights, logo placement rights, or other forms of permanent recognition. Any request for permanent recognition on City property shall be reviewed in accordance with this policy.
d)
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POLICY ON NAMING,

LOGOS, AND BRANDING

FOR CITY FACILITIES
Citywide Policy Manual
Policy #
Attachments:

N/A
Effective Date:

July 21, 2026
Responsible Department:

City Manager’s Office
Related Policies & Notes:

Resolution No. 26-XXX, Donation Policy, Sponsorship Policy I. PURPOSE
The purpose of this document is to define the policies, procedures, and responsibilities associated with the permanent naming or identification of city facilities, portions thereof, structures, equipment and furnishings thereof, including the use or display of logos, trademarks, colors, insignia, symbols, or branding that identifies or is associated with an organization, business, or other entity.

II. POLICY GUIDELINES
City buildings and facilities should be named or identified in a manner that provides an easy and recognizable reference.

City buildings, facilities or portions thereof, structures, equipment and furnishings may be named or identified:
a) For their geographical location, e. g., neighborhood, major street regional area or the city itself.
b) To honor or recognize individuals, including but not limited to, retired elected officials or community volunteers, who have made extraordinary nonmonetary contributions to the City of Cupertino, the region, or to the general public.
c) With the name, logo, or branding of any organization or business only if approved by the City Council as described in section III below.

III. Procedure
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a) The naming or identification of any city building, facility or portion thereof, structure, equipment or furnishing, including the use of any logo or branding, based upon the guidelines in section II above, is subject to the approval of the City Council, upon recommendation of the City Manager and after the conduct of at least one public hearing. b) The City Council may refer a particular naming or identification issue to an appropriate commission for the purpose of making a recommendation to the Council.
c) The City Council may remove a name, logo, or branding from a city building, facility or portion thereof, structure, equipment or furnishings when deemed by the City Council to be in the best interests of the city.
d) Requests involving donor recognition, sponsorship recognition, commemorative recognition, or other forms of acknowledgment will be subject to the City's Donation and Sponsorship Policies. Compliance with those policies does not confer naming rights, branding rights, logo placement rights, or other forms of permanent recognition. Any request for permanent recognition on City property shall be reviewed in accordance with this policy.
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RESOLUTION NO. ______

A RESOLUTION OF THE CUPERTINO CITY COUNCIL OF THE CITY
RESCINDING RESOLUTION NO. 17-102 AND ADOPTING AMENDMENTS TO

THE POLICY FOR ACCEPTING DONATIONS
WHEREAS, Government Code Section 37354 permits the City Council of a City to accept or reject any donation, gift, bequest or devise (hereinafter " Donation") made to or for the City for any public purpose, and further empowers a City Council to hold and dispose of such property and funds for such uses as are prescribed in the terms of the Donation;
WHEREAS, on October 17, 2017 the Cupertino City Council adopted Resolution No. 17-102, stablishing the City' s Donation Policy;
WHEREAS, the City wishes to clarify the Donation Policy’s guidelines on Donor recognition and align the guidelines to other City Policies as set forth in Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby:

1. Rescind Resolution No. 17-102;

2. Adopt and approve the Donation Policy attached as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of July, 2026, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 26-

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Cupertino City CouncilJuly 21, 2026

Cupertino City Council
July 21, 2026