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CC 10-15-2024 Searchable PacketTuesday, October 15, 2024 6:45 PM CITY OF CUPERTINO Televised Regular Meeting (6:45) 10350 Torre Avenue, Council Chamber and via Teleconference Teleconference Location Pursuant to Government Code section 54953(b)(2); 5th Floor, No 19, Tongshan Street, Taipei, Taiwan City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTY MOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING AGENDA 1 CC 10-15-2024 1 of 328 City Council Agenda October 15, 2024 IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall or at the teleconference location. 2) E-mail comments by 4:00 p.m. on Tuesday, October 15 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City’s website. Members of the public may provide oral public comments during the Meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the Page 2 2 CC 10-15-2024 2 of 328 City Council Agenda October 15, 2024 meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_var8WK0uQFasUsvoEf_NOQ Phone Dial: 669-900-6833 and enter Webinar ID: 979 7337 3343 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 979 7337 3343 SIP: 97973373343@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City’s website after the Page 3 3 CC 10-15-2024 3 of 328 City Council Agenda October 15, 2024 meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS PRESENTATIONS 1.Subject: Annual Report of the Planning Commission Recommended Action: Receive report of annual activities of the Planning Commission 2.Subject: Annual Report of the Sustainability Commission Recommended Action: Receive report of annual activities of the Sustainability Commission POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 3-5) Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar. Page 4 4 CC 10-15-2024 4 of 328 City Council Agenda October 15, 2024 3.Subject: Approve the October 1, 2024 City Council minutes Recommended Action: Approve the October 1, 2024 City Council minutes A - Draft Minutes 4.Subject: Ratifying Accounts Payable for the periods ending September 6, 2024; September 13, 2024; September 20, 2024; and September 27, 2024 Recommended Action: A. Adopt Resolution No. 24-095 ratifying Accounts Payable for the Period ending September 6, 2024; B. Adopt Resolution No. 24-096 ratifying Accounts Payable for the Period ending September 13, 2024; C. Adopt Resolution No. 24-097 ratifying Accounts Payable for the Period ending September 20, 2024; and D. Adopt Resolution No. 24-098 ratifying Accounts Payable for the Period ending September 27, 2024 Staff Report A – Draft Resolution 9.6.24 B – Weekly AP Payment Register for the Period Ending 9.6.24 C – Draft Resolution 9.13.24 D – Weekly AP Payment Register for the Period Ending 9.13.24 E – Draft Resolution 9.20.24 F – Weekly AP Payment Register for the Period Ending 9.20.24 G – Draft Resolution 9.27.24 H – Weekly AP Payment Register for the Period Ending 9.27.24 5.Subject: Adoption of amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2266: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES)” Staff Report A – Draft Ordinance No. 24-2266 PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. Page 5 5 CC 10-15-2024 5 of 328 City Council Agenda October 15, 2024 STUDY SESSION 6.Subject: Study Session on Unhoused Services and Programs Recommended Action: Staff recommend the City Council to consider the following options: 1. Continue the current model based on the City's Unhoused Task Force, Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara to measurably serve the City based on the relative needs of existing unhoused residents, including continuing to seek partnerships and possible grant opportunities; or 2. Direct the City Manager to propose an item for the Fiscal Year 2025-2027 City Work Program to develop an encampment management policy by evaluating examples from other jurisdictions in the Bay Area and incorporating best practices for review by the City Council. Presenter: Tom Chin, Emergency Manager Staff Report A - City of Cupertino Process for Assisting Unhoused Residents B - Santa Clara County Community Plan to End Homelessness 2020-2025 C - 2024 Mid-Year Progress Report on the 2020-2025 Community Plan to End Homelessness D - City of Berkeley City Council Policy Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code ACTION CALENDAR 7.Subject: Amendments to Cupertino Municipal Code Chapter 2.32 (Planning Commission), Chapter 2.74 (Technology, Information, and Communications Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks System - Rates and Charges). Recommended Action: Conduct the first reading of and introduce Ordinance No. 24-2267: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04.” Presenter: Christopher Jensen, City Attorney Staff Report A - Draft Ordinance (clean) B - Draft Ordinance (redline) 8.Subject: Unassign funds from the Committed Sales Tax Repayment Reserve Page 6 6 CC 10-15-2024 6 of 328 City Council Agenda October 15, 2024 Recommended Action: Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to uncommit $74.5 million dollars from the Sales Tax Repayment Reserve, resulting in those funds becoming unassigned fund balance Presenter: Kristina Alfaro, Director of Administrative Services Staff Report A - Redline Policy B - Clean Policy ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 9.Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to Page 7 7 CC 10-15-2024 7 of 328 City Council Agenda October 15, 2024 http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 8 8 CC 10-15-2024 8 of 328 CITY OF CUPERTINO Agenda Item 24-13132 Agenda Date: 10/15/2024 Agenda #: 1. Subject:Annual Report of the Planning Commission Receive report of annual activities of the Planning Commission CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™9 CC 10-15-2024 9 of 328 CITY OF CUPERTINO Agenda Item 24-13131 Agenda Date: 10/15/2024 Agenda #: 2. Subject: Annual Report of the Sustainability Commission Receive report of annual activities of the Sustainability Commission CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™10 CC 10-15-2024 10 of 328 CITY OF CUPERTINO Agenda Item 23-12662 Agenda Date: 10/15/2024 Agenda #: 3. Subject: Approve the October 1, 2024 City Council minutes Approve the October 1, 2024 City Council minutes CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™11 CC 10-15-2024 11 of 328 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, October 1, 2024 At 6:45 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao and Kitty Moore. Absent: Councilmember Hung Wei. CLOSED SESSION REPORT – None CEREMONIAL ITEMS 1. Subject: Recognition of 2nd week of October as Code Enforcement Officer Appreciation Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Appreciation Week Mayor Mohan recognized the 2nd week of October as Code Enforcement Officer Appreciation Week. PRESENTATIONS 2.Subject: Annual Report of the Parks and Recreation Commission Recommended Action: Receive report of annual activities of the Parks and Recreation Commission Written communications for this item included a presentation. Council received the report of annual activities of the Parks and Recreation Commission. 3.Subject: Annual Report of the Teen Commission Recommended Action: Receive report of annual activities of the Teen Commission 12 CC 10-15-2024 12 of 328 City Council Minutes October 1, 2024 Page 2 Written communications for this item included a presentation. Council received the report of annual activities of the Teen Commission. 4. Subject: Annual Report of the Public Safety Commission Recommended Action: Receive report of annual activities of the Public Safety Commission Written communications for this item included a presentation. Council received the report of annual activities of the Public Safety Commission. POSTPONEMENTS AND ORDERS OF THE DAY – None ORAL COMMUNICATIONS The following members of the public spoke: Jennifer Griffin discussed three potential Senate Bill (SB) 330 projects on Stevens Creek Boulevard. Ying Sosic discussed the proposed Vista Heights and Evulich Court development projects. Peggy Griffin discussed the written communication policy. Lisa Warren discussed the written communication policy and consultant agreements. Veronica Lentfer discussed the proposed Evulich Court development and Housing Element. Helena Cohen discussed the proposed Vista Heights and Evulich Court development projects. Rhoda Fry discussed Councilmember meeting attendance, the Byrne property, City Hall project, BMR fund, and hotel and sales tax revenues. Louise Saadati discussed Councilmember health concerns, the proposed Vista Heights and Evulich Court developments, Builder’s Remedy, and Housing Element. Parks and Recreation Commissioner Claudio Bono (representing self) discussed the Housing Element and Builder’s Remedy. 13 CC 10-15-2024 13 of 328 City Council Minutes October 1, 2024 Page 3 Tracy Kosolcharoen discussed the proposed Evulich Court development and City Hall project. David Yan discussed the proposed Evulich Court and Vista Heights development projects. Chao requested an informational memo regarding the loss of sales tax from three pending SB 330 projects (Pizza Hut, United Furniture, and Panera sites) being rezoned from commercial property to residential. Chao requested an informational memo regarding the guidelines for councilmembers being absent from city council meetings for 60 days. Chao and Moore added a future agenda item for a study session on the SB 330 preapplication process, zoning and downzoning, amending housing element sites. CONSENT CALENDAR (Items 5-10) Item 9 was removed from the Consent Calendar by Councilmember Chao. Mayor Mohan opened the public comment period and the following members of the public spoke. Jennifer Griffin (Item 10) Lloyd McKee (Item 7) Cupertino Resident (Item 7) San R (Items 5 and 7) Mayor Mohan closed the public comment period. MOTION: Fruen moved and Chao seconded to approve the items on the Consent Calendar except as indicated. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei. MOTION: Fruen moved and Moore seconded to move Item 9 to be heard before the public hearing. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei. Item 9 was placed before Public Hearings. 5. Subject: Second reading of Ordinance No. 24-2263 “An Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking along certain streets,” prohibiting parking along the west side of Vista Dive between Forest Avenue and Merritt Drive. (Continued from 14 CC 10-15-2024 14 of 328 City Council Minutes October 1, 2024 Page 4 September 17, 2024) Recommended Action: Conduct the second reading and enact Ordinance 24-2263, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TABLE 11.24.150 OF THE CUPERTINO MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ALONG CERTAIN STREETS.” [Note: First Reading Agenda Item: Implementation of an on-street two-way Class IV bike lane on Vista Drive and Forest Avenue (Alternative 3) along the Lawson Middle School frontage and prohibition of parking along the west side of Vista Dive between Forest Avenue and Merritt Drive for the accommodation of Class IV bicycle lanes and adoption of an Ordinance Municipal Code Table 11.24.150, relating to prohibition of parking along certain streets.] 6. Subject: Approve the September 17, 2024 City Council minutes Recommended Action: Approve the September 17, 2024 City Council minutes 7. Subject: Second reading of Ordinance No. 24-2264, designating a Residential Permit Parking (RPP) Zone on the north side of Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive, daily between 7 a.m. and 10 p.m. Recommended Action: Conduct the second reading and enact Ordinance No. 24-2264, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE SECTION 11.27.145, DESIGNATION OF PREFERENTIAL PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR AVENUE AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE, (NORTH SIDE), LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 FEET EAST OF ANN ARBOR AVENUE (SOUTH SIDE)AND ANN ARBOR AVE BETWEEN LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)" Written communications for this item included emails to Council. 8. Subject: Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2265, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE” 10. Subject: Adoption of the 2023 Santa Clara County Multijurisdictional Hazard 15 CC 10-15-2024 15 of 328 City Council Minutes October 1, 2024 Page 5 Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex Recommended Action: Adopt Resolution No. 24-093 adopting the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Subject: Approve a design-build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project. Recommended Action: 1. Authorize the City Manager to undertake a design-build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project; and 2. Adopt Resolution No. 24-092 approving the procurement of a design-build contract for the Photovoltaic Systems Design and Installation Capital Improvement Program Project. Written communications for this item included a supplemental report with staff responses to councilmember questions. This item was removed from the consent calendar for discussion. Councilmembers asked questions and made comments. Mayor Mohan opened the public comment period and the following members of the public spoke. San R Peggy Griffin Lisa Warren Jennifer Griffin Mayor Mohan closed the public comment period. Moore requested an informational memo regarding the City's current electricity bill costs, kilowatt hours usage, and the estimated usage of the proposed photovoltaic solar panels. MOTION: Moore moved and Fruen seconded the recommended action to: 1. Authorize the City Manager to undertake a design-build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project; and 2. Adopt Resolution No. 24-092 approving the procurement of a design-build contract 16 CC 10-15-2024 16 of 328 City Council Minutes October 1, 2024 Page 6 for the Photovoltaic Systems Design and Installation Capital Improvement Program Project. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei. PUBLIC HEARINGS 11. Subject: Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-2266 (Attachments A &B) adopt an ordinance to: 1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and 2. Amend the following: a. Chapter 19.04, General Provisions, and b. Chapter 19.08, Definitions, and c. Chapter 19.60, General Commercial (CG) Zones. Written communications for this item included a presentation and a supplemental report with staff responses to councilmember questions and new Attachment D. Senior Planner Gian Martire gave a presentation. Councilmembers asked questions and made comments. Mayor Mohan opened the public hearing and the following members of the public spoke. Jennifer Griffin Peggy Griffin Planning Commissioner David Fung (representing the Planning Commission) San R Mayor Mohan closed the public hearing. MOTION: Fruen moved and Mohan seconded the staff recommended action as amended to conduct the first reading of Ordinance No. 24-2266, adopt an ordinance to: 1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and 17 CC 10-15-2024 17 of 328 City Council Minutes October 1, 2024 Page 7 2. Amend the following: a. Chapter 19.04, General Provisions, and b. Chapter 19.08, Definitions, and c. Chapter 19.60, General Commercial (CG) Zones. Amendment: Omit the deletion of the expression, “excluding convenience markets” from Table 19.60.030(1a). The motion carried with the following vote: Ayes: Mohan, Fruen, and Moore. Noes: Chao. Abstain: None. Absent: Wei. At 9:04 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 9:14 p.m. with all Councilmembers present (Wei absent). ACTION CALENDAR 12. Subject: City-Owned Automated License Plate Reader (ALPR) Program and award of a contract for the lease of ALPR cameras to Flock Safety for an amount not to exceed $300,000 Recommended Action: 1. Adopt Resolution No. 24-094 establishing the City of Cupertino ALPR Policy a. Authorize the City Manager to negotiate and execute a memorandum of understanding (MOU) between the County of Santa Clara and the City of Cupertino regarding the use of ALPRs, b. Authorize the City Manager to negotiate and approve an agreement with Flock Safety to lease ALPR cameras not to exceed $185,000 for three years, with the option for two additional years and a maximum total compensation of $300,000 (approximately $60,000 annually) Written communications for this item included a presentation and a supplemental report with staff responses to councilmember questions. Emergency Manager Tom Chin gave a presentation. Councilmembers asked questions and made comments. Mayor Mohan opened the public comment period and the following members of the public spoke. Jennifer Griffin Peggy Griffin Bicycle Pedestrian Commissioner Herve Marcy (representing self) San R 18 CC 10-15-2024 18 of 328 City Council Minutes October 1, 2024 Page 8 Mayor Mohan closed the public comment period. MOTION: Chao moved and Moore seconded the staff recommended action to: 1. Adopt Resolution No. 24-094 establishing the City of Cupertino ALPR Policy; 2. Authorize the City Manager to negotiate and execute a memorandum of understanding (MOU) between the County of Santa Clara and the City of Cupertino regarding the use of ALPRs; and 3. Authorize the City Manager to negotiate and approve an agreement with Flock Safety to lease ALPR cameras not to exceed $185,000 for three years, with the option for two additional years and a maximum total compensation of $300,000 (approximately $60,000 annually). The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei. CITY MANAGER REPORT City Manager Pamela Wu shared a video montage of photos featuring the Pooch Plunge and Bike Fest. ORAL COMMUNICATIONS - CONTINUED – None COUNCILMEMBER REPORTS 13. Subject: Councilmember Reports Councilmembers reported on their various committees and events as provided in the published agenda. FUTURE AGENDA ITEMS As noted under Oral Communications, Chao and Moore added a future agenda item for a study session on the SB 330 preapplication process, zoning and downzoning, and amending housing element sites. City Manager Pamela Wu summarized the following informational memos that were requested by Councilmembers:  Property tax assessment on license plate readers relating to landscape and lighting districts from the City of Saratoga LLAD (Landscape and Lighting Assessment District ) (Chao)  Cupertino parkland impact fees and pending projects (Chao)  City's current electricity bill costs and kilowatt hours usage, and how much estimated usage that the proposed photovoltaic solar panels will be generating (Moore) 19 CC 10-15-2024 19 of 328 City Council Minutes October 1, 2024 Page 9  Loss of retail sales tax from three pending Senate Bill (SB) 330 projects (Pizza Hut, United Furniture, and Panera sites) being rezoned from commercial property to residential (Chao)  Guidelines for councilmembers being absent from city council meetings for 60 days (Chao) ADJOURNMENT At 9:54 p.m., Mayor Mohan adjourned the Regular City Council Meeting. Minutes prepared by: _________________________ Kirsten Squarcia, City Clerk 20 CC 10-15-2024 20 of 328 CITY OF CUPERTINO Agenda Item 23-12619 Agenda Date: 10/15/2024 Agenda #: 4. Subject:Ratifying Accounts Payable for the periods ending September 6, 2024; September 13, 2024; September 20, 2024; and September 27, 2024 A. Adopt Resolution No. 24-095 ratifying Accounts Payable for the Period ending September 6, 2024; B. Adopt Resolution No. 24-096 ratifying Accounts Payable for the Period ending September 13, 2024; C. Adopt Resolution No. 24-097 ratifying Accounts Payable for the Period ending September 20, 2024; and D. Adopt Resolution No. 24-098 ratifying Accounts Payable for the Period ending September 27, 2024 CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™21 CC 10-15-2024 21 of 328 CITY COUNCIL STAFF REPORT Meeting: October 15, 2024 Subject Ratifying Accounts Payable for the periods ending September 6, 2024; September 13, 2024; September 20, 2024; and September 27, 2024 Recommended Action A. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending September 6, 2024; B. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending September 13, 2024; C. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending September 20, 2024; and D. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending September 27, 2024 Discussion Unlike the Monthly Treasurer’s and Treasurer’s Investment Reports requiring regular reporting within a specific number of days, pursuant to California Government Code Section 41004 and 53607, the frequency of reporting the City’s Payment Register follows the City Resolution No. 5939, where the report will be “presented to the City Council not less often than once a month for ratification.” As such, monthly batches of Weekly Payment Registers are presented to City Council on the second meeting following the close of the reporting period to ensure sufficient time to present the previous month's batches within one report. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. California Environmental Quality Act Not applicable. 22 CC 10-15-2024 22 of 328 _____________________________________ Prepared by: Jonathan Orozco, Finance Manager Reviewed by: Kristina Alfaro, Director of Administrative Services and City Treasurer Approved for Submission by: Pamela Wu, City Manager A – Draft Resolution 9.6.24 B – Weekly AP Payment Register for the Period Ending 9.6.24 C – Draft Resolution 9.13.24 D – Weekly AP Payment Register for the Period Ending 9.13.24 E – Draft Resolution 9.20.24 F – Weekly AP Payment Register for the Period Ending 9.20.24 G – Draft Resolution 9.27.24 H – Weekly AP Payment Register for the Period Ending 9.27.24 23 CC 10-15-2024 23 of 328 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING SEPTEMBER 6, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 24 CC 10-15-2024 24 of 328 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 25 CC 10-15-2024 25 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 735268 09/06/2024 Open Accounts Payable ALHAMBRA $8.91 Invoice Date Description Amount 4984902 083124 08/31/2024 Water Cooler Rental - Sports Center $8.91 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $8.91 735269 09/06/2024 Open Accounts Payable Bay Aerials Gymnastics $33,714.86 Invoice Date Description Amount 08012024 08/01/2024 July 2024 Program Payment $18,807.60 09032024 09/03/2024 August 2024 Program Payment $14,907.26 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $33,714.86 735270 09/06/2024 Open Accounts Payable CITY OF CUPERTINO $410.23 Invoice Date Description Amount PC063024 06/30/2024 FY23-24 Replenish Petty Cash $410.23 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $410.23 735271 09/06/2024 Open Accounts Payable County of Santa Clara-CEPA $66,540.50 Invoice Date Description Amount 769 08/14/2024 Household Hazardous Waste Augmentation 50% of FY25 $66,540.50 Paying Fund Cash Account Amount 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $66,540.50 735272 09/06/2024 Open Accounts Payable HOME DEPOT CREDIT SERVICES $2,534.42 Invoice Date Description Amount 6094469 07/29/2024 Facilities- Ty B- Wall Plates, Roller, Hooks, Sport Knives, Wand $141.80 5510511 07/30/2024 Facilities- Robert G- Ant Bait $30.49 5610588 07/30/2024 Facilities- Ty B-Pail, Putty, Knives, Tape, Mud & Painter Mixer $53.28 5621157 07/30/2024 Facilities- Domingo S- Shelf Brackets $77.00 3621376 08/01/2024 Facilities- Domingo S- 12 x 8 Shelf Bracket $23.91 3511160 08/01/2024 Facilities- Michael C- Kwik Seal $8.73 9612049 08/05/2024 Facilities- Michael M- Twin Tube 2-Pin Compact Fluorescent Bulb $32.62 6612810 08/08/2024 Facilities- Ty B- Drywall, Aerosol, Paint, Primer $125.45 5606006 08/09/2024 Facilities- Robert G- Shockwave, Microfiber Cloths $39.29 2514022 08/12/2024 Facilities- Ty B- Drill Bit Set, Shower Door Sweep, Carbide Bit $101.48 2613889 08/12/2024 Facilities- Domingo S- Quad Tube $45.74 5391155 08/09/2024 Grounds- Adrian M- Broom, Buckets, Roller, RC, Frame, CVR, Stud $83.81 1033542 08/13/2024 Street- Dan B- TruFuel, Stroke Oil $130.82 0033606 08/14/2024 Grounds- Travis W- Dewalt Hook Blades $6.20 Monday, September 9, 2024Pages: 1 of 12user: Vi Tran 26 CC 10-15-2024 26 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0020624 08/14/2024 Grounds- Travis W- Glasses, ASTM, Nails, Cap Roofing, Wood... $338.98 1614006 08/13/2024 Facilities- Robert G- Ortho Home Defense, Washer, Kwikbolt Expan $59.97 1623260 08/13/2024 Facilities- Michael C- Screen Door Roller Assembly $19.67 9601002 08/15/2024 Facilities- Ty B- Bucket, Rust Remover, Duplex Outlets, Box..... $92.87 9033663 08/15/2024 Trees/ROW- Adam P- Hydrated Mason $36.27 9193362 07/29/2024 Trees/ROW- Adam P- Credit for Inv#9033663 ($36.27) 5034187 08/19/2024 Facilities- Domingo S- Screw, Wire Connector, Washers, Exit Sign $108.27 4523156 08/20/2024 Facilities- Domingo S- Hose Mender, Hose Washers, Nozzles $25.89 4084142 08/20/2024 Facilities- Ty B- Short Bushings, Connector, Tape, Conduit $448.90 5615588 08/19/2024 Facilities- Michael M- 13W FEIT $32.62 3510545 08/21/2024 Facilities - Michael C- Connect, CVR $34.14 2034516 08/22/2024 Facilities - Michael C- Wood, Studs $22.64 8015616 08/26/2024 Street- Jose R- Floor Scraper $42.66 3602866 08/21/2024 Facilities- 4-Turn Straight Valve, 4-Turn Angle Valve $21.37 7524575 08/27/2024 Facilities- Ty B- Box Cover, Handy Box, Cord Reel, Screw, Washer $123.56 7617609 08/27/2024 Grounds- Travis W- Swivel Plug, Air Hose, Brass Coupler, Plug $104.39 2400345 08/02/2024 Grounds- Aaron S- Push Broom Brushes, Face Shields $157.87 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,007.27 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $173.48 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $19.67 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $334.00 735273 09/06/2024 Open Accounts Payable International Association of Emergency Managers $199.00 Invoice Date Description Amount 228091 08/22/2024 IAEM Membership Dues for Marta Drown $199.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $199.00 735274 09/06/2024 Open Accounts Payable Lawson Products, Inc.$5.46 Invoice Date Description Amount 9311771770 08/16/2024 Street- Socket Metric $5.46 Paying Fund Cash Account Amount 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $5.46 Monday, September 9, 2024Pages: 2 of 12user: Vi Tran 27 CC 10-15-2024 27 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735275 09/06/2024 Open Accounts Payable Mood Media $43.14 Invoice Date Description Amount 58437745 09/01/2024 MOOD MEDIA Recurring Services from 01-SEP-24 to 30-SEP-24 $43.14 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $43.14 735276 09/06/2024 Open Accounts Payable Non-Profit Housing Association Northern California $550.00 Invoice Date Description Amount 5729 08/28/2024 NPH Fall Conference for Nicky Vu $550.00 Paying Fund Cash Account Amount 265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash) $550.00 735277 09/06/2024 Open Accounts Payable Occupational Health Centers of California, A Medi $273.00 Invoice Date Description Amount 84227099 08/23/2024 TB Tests and DOT PHYS $273.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $273.00 735278 09/06/2024 Open Accounts Payable REBECCA MCCORMICK $949.00 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $949.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $949.00 735279 09/06/2024 Open Accounts Payable Target Specialty Products $1,125.00 Invoice Date Description Amount INVP501613029 08/28/2024 Grounds- QAL/QAC Prep Class $1,125.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,125.00 735280 09/06/2024 Open Accounts Payable World Cup Soccer Camps & Clinics $4,055.35 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $4,055.35 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $4,055.35 735281 09/06/2024 Open Accounts Payable AARON WISE $3,255.50 Invoice Date Description Amount 275205 08/30/2024 REFUND 19800 VALLCO PARKWAY BLD-2021-1044 CANCELED $3,255.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,255.50 Monday, September 9, 2024Pages: 3 of 12user: Vi Tran 28 CC 10-15-2024 28 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735282 09/06/2024 Open Accounts Payable Aditya Chavali $12.00 Invoice Date Description Amount 2005100.012 08/23/2024 Refund for basketball class.$12.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $12.00 735283 09/06/2024 Open Accounts Payable Avi Huber $33.67 Invoice Date Description Amount 2005108.012 08/23/2024 Refund for tennis class.$33.67 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $33.67 735284 09/06/2024 Open Accounts Payable DIAMOND RIDGE ROOFING SYSTEMS $205.38 Invoice Date Description Amount 333945 08/29/2024 REFUND 21846 HYANNISPORT BLD-2023-2642 CANCELED $205.38 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $205.38 735285 09/06/2024 Open Accounts Payable Diane Chen $75.00 Invoice Date Description Amount 2005102.012 08/23/2024 Refund for basketball class.$75.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $75.00 735286 09/06/2024 Open Accounts Payable FREEDOM FOREVER LLC $313.43 Invoice Date Description Amount 339946 08/28/2024 REFUND 10362 JUDY AVENUE BLD-2024-0726 CANCELED $313.43 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $313.43 735287 09/06/2024 Open Accounts Payable Hong Chen $42.50 Invoice Date Description Amount 2005103.012 08/23/2024 Refund for basketball class.$42.50 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $42.50 735288 09/06/2024 Open Accounts Payable Jayden Hall $45.00 Invoice Date Description Amount Jayden08232024 08/23/2024 Live Scan and Fingerprinting Reimbursement $45.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45.00 735289 09/06/2024 Open Accounts Payable Michael De Wilde $45.00 Invoice Date Description Amount Michael08232024 08/23/2024 Live Scan and Fingerprinting Reimbursement $45.00 Monday, September 9, 2024Pages: 4 of 12user: Vi Tran 29 CC 10-15-2024 29 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45.00 735290 09/06/2024 Open Accounts Payable Shweta Chegu $45.00 Invoice Date Description Amount 2005101.012 08/23/2024 Refund for basketball class.$45.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $45.00 735291 09/06/2024 Open Accounts Payable Sujoy Biswas $315.00 Invoice Date Description Amount 2005099.012 08/22/2024 Refund for badminton class.$315.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $315.00 735292 09/06/2024 Open Accounts Payable TESLA ENERGY $310.48 Invoice Date Description Amount 342107 08/28/2024 REFUND 11177 PALOS VERDES DR BLD-2024-1086 CANCELED $310.48 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $310.48 735293 09/06/2024 Open Accounts Payable Thomas James Homes $10,000.00 Invoice Date Description Amount 323003 08/30/2024 10300 Stern Ave, Encroachment Bond, 323003 $10,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,000.00 735294 09/06/2024 Open Accounts Payable Yael Holland $84.00 Invoice Date Description Amount 2005107.012 08/23/2024 Refund for tennis class.$84.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $84.00 735295 09/06/2024 Open Accounts Payable Yi-Mei Chng $25.00 Invoice Date Description Amount 2005104.012 08/23/2024 Refund for tennis class.$25.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $25.00 735296 09/06/2024 Open Accounts Payable Yongfang Guo $37.50 Invoice Date Description Amount 2005106.012 08/23/2024 Refund for tennis class.$37.50 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $37.50 Monday, September 9, 2024Pages: 5 of 12user: Vi Tran 30 CC 10-15-2024 30 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735297 09/06/2024 Open Accounts Payable Yvonne Derse $57.60 Invoice Date Description Amount 2005105.012 08/23/2024 Refund for tennis class.$57.60 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $57.60 Type Check Totals:30 Transactions $125,310.93 EFT 40559 09/03/2024 Open Accounts Payable EMPLOYMENT DEVEL DEPT $44,065.14 Invoice Date Description Amount 08232024 08/23/2024 CA State Tax pp 8/10/24-8/23/24 $44,065.14 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $44,065.14 40560 09/03/2024 Open Accounts Payable IRS $139,888.14 Invoice Date Description Amount 08232024 08/23/2024 Federal Tax pp 8/10/24-8/23/24 $139,888.14 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $139,888.14 40561 09/05/2024 Open Accounts Payable P E R S $164,464.78 Invoice Date Description Amount 08232024 08/23/2024 PERS pp 8/10/24-8/23/24 $164,464.78 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $164,464.78 40562 09/06/2024 Open Accounts Payable 4LEAF, Inc.$4,884.00 Invoice Date Description Amount J1181-24D 08/19/2024 Building Inspector Services - 2024/07 $4,884.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,884.00 40563 09/06/2024 Open Accounts Payable CoreLogic Solutions, LLC.$10.08 Invoice Date Description Amount 30735105 08/31/2024 FY25 Doc Image (Mortgage) & Prop Detail Rpt Realquest2 Aug. 2024 $10.08 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $10.08 40564 09/06/2024 Open Accounts Payable Ewing Irrigation Products Inc.$258.96 Invoice Date Description Amount 23212918 08/22/2024 Grounds- PVC $258.96 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $258.96 40565 09/06/2024 Open Accounts Payable Grace Duval $176.00 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $176.00 Monday, September 9, 2024Pages: 6 of 12user: Vi Tran 31 CC 10-15-2024 31 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $176.00 40566 09/06/2024 Open Accounts Payable Independent Code Consultants, Inc.$28,751.90 Invoice Date Description Amount 1992 08/01/2024 Building Plan Review Services - 2024/07 $22,731.90 1993 08/01/2024 Building Permit Tech Services - 2024/07 $6,020.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $28,751.90 40567 09/06/2024 Open Accounts Payable Jahara Pagadipaala $721.00 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $720.00 JP081824 08/18/2024 customer doesn’t need to pay for BL at all $1.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1.00 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $720.00 40568 09/06/2024 Open Accounts Payable Jenny Tsai $2,574.00 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $2,574.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $2,574.00 40569 09/06/2024 Open Accounts Payable Law Office of Clare M. Gibson $249.00 Invoice Date Description Amount 1278 09/01/2024 Legal Services, August 2024 $249.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $249.00 40570 09/06/2024 Open Accounts Payable Li-Fen Lin $1,880.00 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $1,880.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $1,880.00 40571 09/06/2024 Open Accounts Payable Liebert Cassidy Whitmore $4,455.00 Invoice Date Description Amount 270384 06/21/2024 ERC LCW Membership 07/01/24-6/30/25 $4,455.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,455.00 40572 09/06/2024 Open Accounts Payable Motion Picture Licensing Corporation (MPLC) $449.10 Invoice Date Description Amount 504442927 07/22/2024 MPLC Umbrella License covering the term: 09/21/24 to 09/20/25 $449.10 Monday, September 9, 2024Pages: 7 of 12user: Vi Tran 32 CC 10-15-2024 32 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $449.10 40573 09/06/2024 Open Accounts Payable Municipal Resource Group, LLC $812.50 Invoice Date Description Amount 241038 08/27/2024 CDD Professional Development – July 2024 Services $812.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $812.50 40574 09/06/2024 Open Accounts Payable National Academy of Athletics $3,066.60 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $3,066.60 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $3,066.60 40575 09/06/2024 Open Accounts Payable Novedge LLC $660.00 Invoice Date Description Amount N377207 08/19/2024 2x Bluebeam Core licenses 1-Year Renewal $660.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $660.00 40576 09/06/2024 Open Accounts Payable Otis Elevator Company $1,722.72 Invoice Date Description Amount 100401657881 08/12/2024 Facilities- City Hall Elevator Maintenance 09.01.24 to 08.31.25 $1,722.72 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,722.72 40577 09/06/2024 Open Accounts Payable Pakpour Consulting Group, Inc.$7,658.00 Invoice Date Description Amount 4366 02/05/2024 FY23-24 Stevens Creek Blvd Bikeway Ph. 2 through 7123-13124 $7,658.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $7,658.00 40578 09/06/2024 Open Accounts Payable Red Wing Business Advantage Account $800.00 Invoice Date Description Amount 20240810075899 08/10/2024 Safety Boots Antonio Torrez and Rodney Weathers $800.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $800.00 40579 09/06/2024 Open Accounts Payable Rise Housing Solutions, Inc $18,616.00 Invoice Date Description Amount Cupertino - 040 08/30/2024 BMR Program Administrator 2024/08 $18,616.00 Paying Fund Cash Account Amount 265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash) $18,616.00 Monday, September 9, 2024Pages: 8 of 12user: Vi Tran 33 CC 10-15-2024 33 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40580 09/06/2024 Open Accounts Payable RUBY CHEN $480.00 Invoice Date Description Amount 09032024 09/03/2024 August 2024 Program Payment $480.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $480.00 40581 09/06/2024 Open Accounts Payable Sedgwick Claims Management Services, Inc. $2,401.92 Invoice Date Description Amount 400000204770 09/03/2024 Worker's Compensation Claims SEP24 $2,401.92 Paying Fund Cash Account Amount 620 - Workers' Compensation 620 100-100 (Cash & Investments Assets Operating Cash) $2,401.92 40582 09/06/2024 Open Accounts Payable Shute, Mihaly & Weinberger LLP $1,298.10 Invoice Date Description Amount 287631 08/22/2024 Legal Services, July 2024 $584.30 287632 08/22/2024 Legal Services, July 2024 $389.00 287633 08/22/2024 Legal Services, July 2024 $324.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,298.10 40583 09/06/2024 Open Accounts Payable Sonitrol/Pacific West Security, Inc.$418.75 Invoice Date Description Amount 88146 08/26/2024 Service Center Toggle Switch Installation $418.75 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $418.75 40584 09/06/2024 Open Accounts Payable TERRYBERRY COMPANY LLC $238.94 Invoice Date Description Amount 143069-40195 08/31/2024 Employee Recognition - J.Deleon, K.Khuu $238.94 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $238.94 40585 09/06/2024 Open Accounts Payable Thermal Mechanical, Inc.$17,295.00 Invoice Date Description Amount 90975 08/12/2024 FY 23-24 Quinlan Community Center Chiller #1 Repair $17,295.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $17,295.00 40586 09/06/2024 Open Accounts Payable Thomson Reuters - West $805.93 Invoice Date Description Amount 850687727 09/01/2024 Online Subscription, August 2024 - Acct 1000489718 $805.93 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $805.93 40587 09/06/2024 Open Accounts Payable Tiffany Rodriguez $299.50 Invoice Date Description Amount TiffanyR082524 08/25/2024 Travel Reimbursement- GFOA Conference $299.50 Monday, September 9, 2024Pages: 9 of 12user: Vi Tran 34 CC 10-15-2024 34 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $299.50 40588 09/06/2024 Open Accounts Payable US BANK $22,842.94 Invoice Date Description Amount SelbyM080624 08/06/2024 1711 CC Charges $52.50 ReiD080624 08/06/2024 1409CC Charges $679.98 DanB080624 08/06/2024 8684 CC Charges $405.90 DiegoZ080624 08/06/2024 8626 CC Charges $766.99 ShawnT080624 08/06/2024 9157 CC Charges $783.58 KevinG080624 08/06/2024 5856 CC Charges $212.75 JennyK080624 08/06/2024 8829 CC Charges $395.88 MarlynP080624 08/06/2024 6763 CC charges $220.00 TyB08624 08/06/2024 7739 CC Charges $253.29 MichaelM080624 08/06/2024 0905 CC Charges $9.56 NathanV080624 08/06/2024 4299 CC Charges $3,903.35 MichaelC080624 08/06/2024 0863 CC Charges $183.32 JerryA080624 08/06/2024 8636 CC Charges $90.00 IkaP080624 08/06/2024 8108 CC Charges $273.99 KimL08062024 08/06/2024 5169 CC Charges $375.07 JasonB080624 08/06/2024 CC Charges 3965 $1,089.36 KevinK080624 08/06/2024 8746 CC Charges $1,313.40 AlexG080624 08/06/2024 1741 CC Charges $197.14 SonyaL080624 08/06/2024 8808 CC Charges $34.44 JanetL080624 08/06/2024 9949 CC Charges $2,169.78 BrantonC080624 08/06/2024 0233 CC Charges $546.59 TommyY080624 08/06/2024 3675 CC Charges $1,331.59 RobertK082124 08/06/2024 7858 CC Charges $879.04 RandyV080624 08/06/2024 6283 CC Charges $116.85 DMilesS080624 08/06/2024 3659 CC Charges $313.85 mariahg080624 08/06/2024 7882 CC CHARGES $288.68 PamelaW080624 08/06/2024 7313 CC Charges $300.00 DebraN080624 08/06/2024 3328 CC Charges $407.59 KirstenS080624 08/06/2024 8069 CC Charges $250.00 JimF080624 08/06/2024 2514 CC Charges from July 7 - August 6 2024 $806.59 MelissaR080624 08/06/2024 0572 CC Charges $443.34 AraceliA080624 08/06/2024 0722 CC Charges $65.00 AmandaH080624 08/06/2024 9326 CC Charges $2,050.32 KrisG080624 08/06/2024 6959 CC Charges $205.80 LeungK080624 08/06/2024 1733 CC Charges $112.62 UrsulaS080624 08/06/2024 2512 CC Charges $1,314.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $16,237.02 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $10.90 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $223.58 280 - Park Dedication 280 100-100 (Cash & Investments Assets Operating Cash) $52.50 Monday, September 9, 2024Pages: 10 of 12user: Vi Tran 35 CC 10-15-2024 35 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $1,314.80 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $334.55 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $2,167.02 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $2,228.58 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $273.99 40589 09/06/2024 Open Accounts Payable VMI, Inc.$85.02 Invoice Date Description Amount 20000030 08/22/2024 Extron Double Closed Contact Switch $85.02 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $85.02 40590 09/06/2024 Open Accounts Payable West Coast Code Consultants, Inc.$27,243.85 Invoice Date Description Amount 224-07-156-01 08/14/2024 Building Plan Review Services - 2024/07 $27,243.85 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $27,243.85 Type EFT Totals:32 Transactions $499,572.87 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 30 $125,310.93 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 30 $125,310.93 $0.00 Monday, September 9, 2024Pages: 11 of 12user: Vi Tran 36 CC 10-15-2024 36 of 328 Payment Register City of Cupertino From Payment Date: 8/31/2024 - To Payment Date: 9/6/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference EFTs Status Count Transaction Amount Reconciled Amount Open 32 $499,572.87 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 32 $499,572.87 $0.00 All Status Count Transaction Amount Reconciled Amount Open 62 $624,883.80 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 62 $624,883.80 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 30 $125,310.93 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 30 $125,310.93 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 32 $499,572.87 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 32 $499,572.87 $0.00 All Status Count Transaction Amount Reconciled Amount Open 62 $624,883.80 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 62 $624,883.80 $0.00 Monday, September 9, 2024Pages: 12 of 12user: Vi Tran 37 CC 10-15-2024 37 of 328 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING SEPTEMBER 13, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 38 CC 10-15-2024 38 of 328 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 39 CC 10-15-2024 39 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 735298 09/13/2024 Open Accounts Payable Advantage Grafix $360.11 Invoice Date Description Amount 48832 08/29/2024 PW City Hall: SR2S Full Color Poster on Corrugated Plastic $360.11 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $360.11 735299 09/13/2024 Open Accounts Payable ALHAMBRA $471.18 Invoice Date Description Amount 4984729 083124 08/31/2024 Employee Drinking Water for QCC - Current Balance Only $207.47 14628570 090524 09/05/2024 Employee Drinking Water for BBF $263.71 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $471.18 735300 09/13/2024 Open Accounts Payable AT & T $115.67 Invoice Date Description Amount 5558-082824 08/28/2024 960 731-7142 555 8 $115.67 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $115.67 735301 09/13/2024 Open Accounts Payable AT&T $8,087.93 Invoice Date Description Amount 000022118289 08/10/2024 9391051384 7/10/24-8/9/24 $1,450.94 000022142060 08/12/2024 9391023221 (408-253-9200) 7/12/24-8/11/24 $66.90 000022142062 08/12/2024 9391023223 7/12/24-8/11/24 $93.10 000022142156 08/12/2024 9391023218 (238-371-7141) 7/12/24-8/11/24 $64.10 000022142157 08/12/2024 9391023217 (237-361-8095) 7/12/24-8/11/24 $81.36 000022142158 08/12/2024 9391023216 (233-281-5494) 7/12/24-8/11/24 $65.68 000022142159 08/12/2024 9391023215 (233-281-4421) 7/12/24-8/11/24 $83.37 000022142059-0 08/12/2024 9391023228-City Clerk $31.55 000022142059-1 08/12/2024 9391023228-4082558166 - Service Center Admin $31.55 000022142059-2 08/12/2024 9391023228-City Hall $2,119.28 000022142059-3 08/12/2024 9391023228-Service Center $129.19 000022142059-4 08/12/2024 9391023228-Wilson Park $31.55 000022142059-5 08/12/2024 9391023228-Street Maintenance $31.75 000022142059-6 08/12/2024 9391023228-Monte Vista - 0720858144 $524.72 000022142059-7 08/12/2024 9391023228-BBF Golf - 0720858146 $427.76 000022142059-8 08/12/2024 9391023228-BBF Park - 0720858145 $427.76 000022142059-9 08/12/2024 9391023228-0720858348 -$427.76 000022142059-10 08/12/2024 9391023228-0720858349 - 10229 North Portal Avenue $427.76 000022142059-11 08/12/2024 9391023228-Teleconnect: BTN0720858350 $427.76 000022142059-12 08/12/2024 9391023228-720858352 $524.72 000022142059-13 08/12/2024 9391023228-Teleconnect: BTN0722762181 $524.72 000022142059-14 08/12/2024 9391023228-4084461114 - 10455 Miller Ave $31.55 000022142059-15 08/12/2024 9391023228-4084461126 - 19784 Wintergreen dr. $31.55 000022142059-16 08/12/2024 9391023228-4084461164 - 10299 N PORTAL AV $31.55 Monday, September 16, 2024Pages: 1 of 18user: Vi Tran 40 CC 10-15-2024 40 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,745.87 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $66.90 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $55.37 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $3,219.79 735302 09/13/2024 Open Accounts Payable Berkeley City Club Conservancy $400.00 Invoice Date Description Amount 06202024 06/20/2024 Senior Trip: 9/19/24 - Treasures of Berkeley & Skates on the Bay $400.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $400.00 735303 09/13/2024 Open Accounts Payable California Water Services $85.96 Invoice Date Description Amount 1188-082124 08/21/2024 5606531188 7/24/24-8/20/24 $85.96 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $85.96 735304 09/13/2024 Open Accounts Payable CellGate $147.00 Invoice Date Description Amount 0089727-IN 09/01/2024 Service Center- Gate Services $147.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $147.00 735305 09/13/2024 Open Accounts Payable Data Ticket, Inc.$50.00 Invoice Date Description Amount 167121 07/23/2024 Online access to citation processing-June 2024 $25.00 168302 07/23/2024 Online access to citation processing-July 2024 $25.00 Paying Fund Cash Account Amount 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $50.00 735306 09/13/2024 Open Accounts Payable DEPARTMENT OF JUSTICE $367.00 Invoice Date Description Amount 752201 08/05/2024 Fingerprint Apps JUL24 $367.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $367.00 735307 09/13/2024 Open Accounts Payable Dex Systems Engineering $3,740.00 Invoice Date Description Amount 1639 08/29/2024 Install USB in EOC Zoom Room; RFQ & RFP walkthrough w/ vendors $3,740.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,740.00 Monday, September 16, 2024Pages: 2 of 18user: Vi Tran 41 CC 10-15-2024 41 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735308 09/13/2024 Open Accounts Payable Foster Brothers Security Systems $52.46 Invoice Date Description Amount 6793 09/04/2024 Fleet- Lazy Motion Tailpiece $52.46 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $52.46 735309 09/13/2024 Open Accounts Payable FRONTIER FORD $3,182.39 Invoice Date Description Amount 278372 08/22/2024 Fleet- Tire Pressure Service, Vehicle Inspect., Wheel Alignment $219.90 277446 08/19/2024 Fleet- Wheel Alignment, Rear Pad & Rotor Replacement, Tire Press $2,962.49 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $3,182.39 735310 09/13/2024 Open Accounts Payable Joint Venture Silicon Valley $5,000.00 Invoice Date Description Amount 118229EDAcuperti 06/04/2024 Joint Venture Silicon Valley 2024- 25_118229EDAcupertino $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 735311 09/13/2024 Open Accounts Payable La Oferta $3,360.00 Invoice Date Description Amount 052934 09/05/2024 Publication/Translation for Notice of Nominees for Public Office $3,360.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,360.00 735312 09/13/2024 Open Accounts Payable Mountain View Garden Center $323.94 Invoice Date Description Amount 116302 09/09/2024 Grounds- Fill Sand $323.94 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $323.94 735313 09/13/2024 Open Accounts Payable Municipal Maintenance Equipment $184.62 Invoice Date Description Amount 026299 08/28/2024 Fleet- Skid For 6" Pipe & Larger $184.62 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $184.62 735314 09/13/2024 Open Accounts Payable O'Reilly Auto Parts $161.64 Invoice Date Description Amount 2591-389071 08/27/2024 Fleet- Oil Filter $11.55 2591-389431 08/29/2024 Fleet- Sunshades $113.45 2591-389563 08/30/2024 Fleet- RV Socket, Connector $36.64 Paying Fund Cash Account Amount Monday, September 16, 2024Pages: 3 of 18user: Vi Tran 42 CC 10-15-2024 42 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $161.64 735315 09/13/2024 Open Accounts Payable Operating Engineers Local Union No. 3 $1,433.25 Invoice Date Description Amount 09062024 09/06/2024 Union Dues pp 8/24/24-9/6/24 $1,433.25 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,433.25 735316 09/13/2024 Open Accounts Payable PG&E $124.41 Invoice Date Description Amount 4212-082624 08/26/2024 3535370421-2 7/19/24-8/19/24 $124.41 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $124.41 735317 09/13/2024 Open Accounts Payable PG&E $46,140.83 Invoice Date Description Amount 3296-082824 08/28/2024 5116972329-6 7/23/24-8/21/24 $46,140.83 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $46,140.83 735318 09/13/2024 Open Accounts Payable PG&E $305.72 Invoice Date Description Amount 0349-082324 08/23/2024 3042033034-9 7/18/24-8/18/24 $305.72 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $305.72 735319 09/13/2024 Open Accounts Payable PG&E $66.88 Invoice Date Description Amount 8413-082724 08/27/2024 4685859841-3 7/22/24-8/20/24 $66.88 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $66.88 735320 09/13/2024 Open Accounts Payable PG&E $79.60 Invoice Date Description Amount 9785-082924 08/29/2024 2016881978-5 7/19/24-8/19/24 $79.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $79.60 735321 09/13/2024 Open Accounts Payable PG&E $1,578.07 Invoice Date Description Amount 6480-082924 08/29/2024 5587684648-0 7/24/24-8/22/24 $1,578.07 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,578.07 Monday, September 16, 2024Pages: 4 of 18user: Vi Tran 43 CC 10-15-2024 43 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735322 09/13/2024 Open Accounts Payable ReadyRefresh $185.87 Invoice Date Description Amount 14I0027344639 09/10/2024 City Hall Employee Drinking Water $185.87 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $185.87 735323 09/13/2024 Open Accounts Payable ROYAL BRASS INCORPORATED - SAN JOSE $827.53 Invoice Date Description Amount 00341413 08/28/2024 Fleet- Run Tee, Non-Valved Couplers & Nipples $827.53 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $827.53 735324 09/13/2024 Open Accounts Payable San Jose Water Company $154,558.58 Invoice Date Description Amount SJW082124-0 08/21/2024 0573900000-7 - 22120 Stevens Creek Blvd $102.92 SJW082124-1 08/21/2024 3688120000-4 - Mary Ave Footbridge $195.90 SJW082124-2 08/21/2024 3872100000-8 - Park Canyon Oak Wy $970.57 SJW082124-3 08/21/2024 5022148584-5 - 10301 Byrne Ave $265.81 SJW082124-4 08/21/2024 6875120000-4 - 21979 San Fernando Av $343.46 SJW082124-5 08/21/2024 7112900000-7 - Oak Valley Rd $191.74 SJW082124-6 08/21/2024 7523510000-7 - Oak Valley Road LS $366.46 SJW082124-7 08/21/2024 9118810000-1 - 21121 Stevens Ck Bl Ls $454.82 SJW082124-8 08/21/2024 4299057897-5 - Alhambra Ave $586.45 SJW082224-0 08/22/2024 0068410000-1 - 22221 McClellan 8302 $3,161.74 SJW082224-1 08/22/2024 0134100000-6 - 8303 Memorial Park $4,763.09 SJW082224-2 08/22/2024 0345710000-0 - Alderbrook Ln.FS $147.32 SJW082224-3 08/22/2024 0677310000-0 - 10300 Torre Ave LS (Comm.Hall)$1,043.69 SJW082224-4 08/22/2024 1198300000-8 - 21979 San Fernando Ave. 6620 (Trail Restroom) $291.11 SJW082224-5 08/22/2024 1332100000-5 - Hyde Avenue $5,086.24 SJW082224-6 08/22/2024 1444810000-9 - Hyannisport Dr. LS $8,545.32 SJW082224-7 08/22/2024 1735700000-3 - 8303 Memorial Park Restroom $372.29 SJW082224-8 08/22/2024 1787904559-3 - 22221 McClellan 8302 $259.03 SJW082224-9 08/22/2024 1832500000-0 - Ruppell PL LS $4,261.39 SJW082224-10 08/22/2024 1836700000-9 - 8322 Mary Mini Park $283.74 SJW082224-11 08/22/2024 1987700000-0 - Alderbrook Ln LS $13,397.86 SJW082224-12 08/22/2024 2228610000-7 - 21111 Stevens Crk LS $313.25 SJW082224-13 08/22/2024 2243500000-9 - 10300 Ainsworth Dr.LS $4,187.49 SJW082224-14 08/22/2024 2286120000-8 - 21251 Stevens Creek Blvd $93.11 SJW082224-15 08/22/2024 2288800000-1 - Stokes Ave/8306 Somerset Park $1,767.01 SJW082224-16 08/22/2024 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall)$147.32 SJW082224-17 08/22/2024 2787197813-9 - 8322 Stevens Creek Bl $78.43 SJW082224-18 08/22/2024 2892070144-9 - 22221 McClellan 8320 $186.21 SJW082224-19 08/22/2024 2958510000-0 - 10555 Mary Ave.$71.06 SJW082224-20 08/22/2024 2974010000-2 - 21251 Stevens Creek Blvd $696.99 SJW082224-21 08/22/2024 2984810000-3 - 8504 Alves and Stelling $387.05 SJW082224-22 08/22/2024 3207400000-4 - 21710 McClellan 8312 $5,213.24 SJW082224-23 08/22/2024 3322910000-4 - 8306 Somerset Park(Stokes Ave)$283.74 SJW082224-24 08/22/2024 3530520000-4 - 21111 Stev.Crk Blvd 8510 $512.50 Monday, September 16, 2024Pages: 5 of 18user: Vi Tran 44 CC 10-15-2024 44 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference SJW082224-25 08/22/2024 3612707315-7 - Stocklmeir Ct $283.74 SJW082224-26 08/22/2024 3673220000-5 - Stev.Crk/Cupertino Rd.$89.60 SJW082224-27 08/22/2024 3746710000-6 - 21111 Stev.Crk BL FS $146.30 SJW082224-28 08/22/2024 3841010000-2 - 8507 Monta Vista Park $350.15 SJW082224-29 08/22/2024 3856110000-9 - 8322 Stella Estates $89.60 SJW082224-30 08/22/2024 3857710000-1 - 8322 Foothill/Cupertino Rd $576.35 SJW082224-31 08/22/2024 3900520000-9 - 10300 Torre Ave $698.01 SJW082224-32 08/22/2024 3953083125-2 - Tuscany Pl $677.36 SJW082224-33 08/22/2024 4012210000-7 - 22601 Voss Av 8304 $6,249.93 SJW082224-34 08/22/2024 4103020000-4 - 6620 Blackberry/Snack $1,036.44 SJW082224-35 08/22/2024 4227520000-6 - 8303 Memorial Park $940.51 SJW082224-36 08/22/2024 4444250747-9 - Tuscany Pl $541.89 SJW082224-37 08/22/2024 5122900000-8 - Portable Meter - Trees & ROW $555.82 SJW082224-38 08/22/2024 5237400000-9 - Dumas Dr, LS $9,801.18 SJW082224-39 08/22/2024 5356310000-6 - 8322 Stev.Crk/Median $283.74 SJW082224-40 08/22/2024 5778910000-5 - 8504 Quinlan Ln.FS $93.11 SJW082224-41 08/22/2024 5835000000-4 - 8322 Stelling/Alves $177.86 SJW082224-42 08/22/2024 5929210000-1 - 8322 Ann Arbor Ct $177.86 SJW082224-43 08/22/2024 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall)$575.23 SJW082224-44 08/22/2024 5997110000-9 - 7555 Barnhart Pl $8,214.17 SJW082224-45 08/22/2024 6292600000-1 - 10800 Torre Ave LS $4,877.87 SJW082224-46 08/22/2024 6296810000-8 - 8322 Stev.Crk Bl median $89.60 SJW082224-47 08/22/2024 6405210000-1 - 8506 McClellan Ranch $200.29 SJW082224-48 08/22/2024 6578520000-0 - 83 Foothill Bl/Alpine Dr22 LS $177.86 SJW082224-49 08/22/2024 6730700000-9 - 21975 San Fernando Av $695.41 SJW082224-50 08/22/2024 6788620000-4 - 10555 Mary Ave. 8503 $342.77 SJW082224-51 08/22/2024 6907100000-9 - Alderbrook Ln $870.19 SJW082224-52 08/22/2024 6935200000-9 - 8303 Memorial Park $11,448.92 SJW082224-53 08/22/2024 6973320000-5 - 8301 Linda Vista PK1 $1,604.67 SJW082224-54 08/22/2024 7036000000-7 - 85 Stev.Crk/Mary LS $207.37 SJW082224-55 08/22/2024 7054200000-8 - 8322 Phar Lap LS $54.27 SJW082224-56 08/22/2024 7495200000-3 - 10300 Torre Ave FS $147.32 SJW082224-57 08/22/2024 7630410000-1 - Salem Av.LS $199.99 SJW082224-58 08/22/2024 7930000000-1 - 8322 Stelling/Christensen Dr.$185.23 SJW082224-59 08/22/2024 8006810000-9 - 10450 Mann Dr $54.27 SJW082224-60 08/22/2024 8065700000-8 - Peninsula and Fitzgerald Is $61.64 SJW082224-61 08/22/2024 8270010000-9 - Janice Ave.LS $305.87 SJW082224-62 08/22/2024 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $111.73 SJW082224-63 08/22/2024 8427420000-9 - 8322 Foothill/Vista Knoll $1,041.26 SJW082224-64 08/22/2024 8549600000-2 - Bubb Rd.LS $7,631.28 SJW082224-65 08/22/2024 8647520000-1 - 10555 Mary Ave/Corp Yard FS $239.42 SJW082224-66 08/22/2024 8755010000-9 - 10455 Miller Ave/Creekside $534.53 SJW082224-67 08/22/2024 8879620000-9 - 8504 Christensen Dr $364.91 SJW082224-68 08/22/2024 8886800000-6 - 8301 Linda Vista PK2 $1,693.22 SJW082224-69 08/22/2024 9377600000-7 - 8307 Varian Park $4,209.63 SJW082224-70 08/22/2024 9824500000-9 - 8322 Irrig SC/Stelling $369.72 SJW082224-71 08/22/2024 9988206980-2 (old 6784967491-5) - 8303 Memorial Park $4,729.75 SJW082324-0 08/23/2024 6287875324-3 - 22241 McClellan Rd (Simms)$1,100.64 SJW082724-0 08/27/2024 1250520000-1 - 6620 Blackberry/Snack $6,113.54 Monday, September 16, 2024Pages: 6 of 18user: Vi Tran 45 CC 10-15-2024 45 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference SJW082824-0 08/28/2024 5280181221-6 - S De Anza Bl (median irrigation)$263.00 SJW082824-1 08/28/2024 9705420000-7 - 10300 Torre Avenue Ls $1,535.66 SJW082924-0 08/29/2024 3156700000-0 - Prospect Rd.LS $211.25 SJW082924-1 08/29/2024 4676110000-0 - Rainbow Dr.LS $236.51 SJW082924-2 08/29/2024 6756510000-4 - Yorkshire Dr.LS $11,726.38 SJW082924-3 08/29/2024 7808300000-6 - Irrigation-Median (Westlynn Wy)$220.60 SJW082924-4 08/29/2024 9511610000-9 - Donegal Dr.$114.81 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $153,131.71 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $1,426.87 735325 09/13/2024 Open Accounts Payable SPRAY MART II $218.76 Invoice Date Description Amount 12640 09/04/2024 Street- LLS Tips $218.76 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $218.76 735326 09/13/2024 Open Accounts Payable Traffic Data Service CA, LLC $900.00 Invoice Date Description Amount 24007 02/08/2024 FY23-24 Traffic Speed Count & Volume Count $900.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $900.00 735327 09/13/2024 Open Accounts Payable UC Regents $680.00 Invoice Date Description Amount 09192024 09/19/2024 Senior Trip: 9/19/24 - Treasures of Berkeley & Skates on the Bay $680.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $680.00 735328 09/13/2024 Open Accounts Payable WILBUR-ELLIS COMPANY LLC $1,472.83 Invoice Date Description Amount 16764051 08/30/2024 Trees/ROW- Shortstop 2SC $1,472.83 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,472.83 735329 09/13/2024 Open Accounts Payable Daniel Lin $45.00 Invoice Date Description Amount Daniel09062024 09/06/2024 Live Scan and Fingerprinting Reimbursement $45.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45.00 735330 09/13/2024 Open Accounts Payable Devgon, Shruti $4,000.00 Invoice Date Description Amount 310175 09/09/2024 10621 Tuggle Pl, Encroachment, 310175 $4,000.00 Paying Fund Cash Account Amount Monday, September 16, 2024Pages: 7 of 18user: Vi Tran 46 CC 10-15-2024 46 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,000.00 Type Check Totals:33 Transactions $238,707.23 EFT 40591 09/13/2024 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount 09062024 09/06/2024 Colonial Products pp 8/24/24-9/6/24 $29.16 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $29.16 40592 09/13/2024 Open Accounts Payable Employment Development $10,072.56 Invoice Date Description Amount 09062024 09/06/2024 State Disability Insurance pp 8/24/24-9/6/24 $10,072.56 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,072.56 40593 09/13/2024 Open Accounts Payable National Deferred (ROTH)$2,755.48 Invoice Date Description Amount 09062024 09/06/2024 Nationwide Roth pp 8/24/24-9/6/24 $2,755.48 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,755.48 40594 09/13/2024 Open Accounts Payable National Deferred Compensation $23,170.14 Invoice Date Description Amount 09062024 09/06/2024 Nationwide Deferred Compensation pp 8/24/24-9/6/24 $23,170.14 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $23,170.14 40595 09/13/2024 Open Accounts Payable PERS-457K $14,475.05 Invoice Date Description Amount 09062024 09/06/2024 PERS 457K pp 8/24/24-9/6/24 $14,475.05 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $14,475.05 40596 09/13/2024 Open Accounts Payable State Disbursement Unit $603.49 Invoice Date Description Amount 09062024 09/06/2024 Child Support pp 8/24/24-9/6/24 $603.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $603.49 40597 09/09/2024 Open Accounts Payable SQUARE, INC.$70.00 Invoice Date Description Amount SQUARE090224 09/02/2024 SQUARE Team Plus 9/1/24-10/1/24 $70.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $70.00 Monday, September 16, 2024Pages: 8 of 18user: Vi Tran 47 CC 10-15-2024 47 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40598 09/10/2024 Open Accounts Payable California Public Employees' Retirement System $423,899.88 Invoice Date Description Amount 7158-081424 08/14/2024 Health Premiums $423,899.88 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $304,776.08 642 - Retiree Medical 642 100-100 (Cash & Investments Assets Operating Cash) $119,123.80 40599 09/13/2024 Open Accounts Payable 4LEAF, Inc.$41,783.16 Invoice Date Description Amount J4259B 07/31/2024 Jollyman All Inclusive Park for July 2024 $34,674.78 J3872-06H 07/31/2024 McClellan Road Separated Bike Corridor through 7124 -73124 $7,108.38 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $7,108.38 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $34,674.78 40600 09/13/2024 Open Accounts Payable ADVANCED CHEMICAL TRANSPORT, INC. $2,695.35 Invoice Date Description Amount 587024 08/30/2024 Street- Hazmat Waste Collection $2,695.35 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,695.35 40601 09/13/2024 Open Accounts Payable All City Management Services, Inc. $24,938.90 Invoice Date Description Amount 94890 08/21/2024 School Crossing Guard Services through 08042024- 08172024 $4,616.74 95184 09/04/2024 School Crossing Guard Services through 08182024- 08312024 $20,322.16 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $24,938.90 40602 09/13/2024 Open Accounts Payable Altec Industries, Inc.$849.06 Invoice Date Description Amount 51497552 08/27/2024 Fleet- Filter Element, Placard, Inspections $849.06 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $849.06 40603 09/13/2024 Open Accounts Payable Amazon Capital Services $6,220.31 Invoice Date Description Amount 14WL-764X-LGHQ 09/01/2024 Service Center - Multiple Division Purchases Aug 2024 $4,176.85 1QKH-CQLD-P9YP 09/01/2024 PW City Hall: SR2S and Environmental Programs Purchases $204.45 1TWR-KYC1-NRWF 09/01/2024 Amazon Purchases August 2024 - PR3 Sports Recreation $90.00 1JHV-KMPK-7QQW 08/01/2024 Amazon Business Purchases July 2024 $1,626.11 Monday, September 16, 2024Pages: 9 of 18user: Vi Tran 48 CC 10-15-2024 48 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 1FPL-HHLT-LJDH 09/01/2024 ASD - office supplies $141.22 1RXP-TK3L-PQNM 09/01/2024 ASD - Office supplies - credit ($18.32) Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,658.11 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $73.04 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $90.00 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $399.16 40604 09/13/2024 Open Accounts Payable Amazon Web Services, Inc.$2,570.12 Invoice Date Description Amount 1825362309 09/02/2024 AWS - Applications August 1 - August 31 , 2024 $1,478.64 1825824629 09/02/2024 GIS AWS August 1 - August 31, 2024 $1,091.48 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,478.64 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,091.48 40605 09/13/2024 Open Accounts Payable AZCO Supply, Inc.$1,433.90 Invoice Date Description Amount 452916 08/15/2024 Traffic: Campbell APS Stations Guardian $1,433.90 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,433.90 40606 09/13/2024 Open Accounts Payable B&H PHOTO-VIDEO $98.20 Invoice Date Description Amount 227071049 09/03/2024 Smallrig Cage Kit for Sony A7S Camera $98.20 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $98.20 40607 09/13/2024 Open Accounts Payable Bay Area News Group $1,092.42 Invoice Date Description Amount 0001420416 08/31/2024 Legal Advertising - 08/1/2024-08/31/24 $1,092.42 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,092.42 40608 09/13/2024 Open Accounts Payable Bikeep Inc.$49.00 Invoice Date Description Amount 18152 08/31/2024 Monthly Bikeep Fee $49.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $49.00 40609 09/13/2024 Open Accounts Payable BOSCO OIL INC DBA VALLEY OIL $12,096.80 Invoice Date Description Amount 202232 08/29/2024 Fleet- Gasoline, Environmental Fee, Storage $8,177.35 202233 08/29/2024 Fleet- Diesel Fuel, Gasoline, Storage Fees, Environmental Fees $3,919.45 Monday, September 16, 2024Pages: 10 of 18user: Vi Tran 49 CC 10-15-2024 49 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $12,096.80 40610 09/13/2024 Open Accounts Payable Cal-Line Equipment Inc $1,453.86 Invoice Date Description Amount 04022150 08/27/2024 Fleet- Air Cleaner $1,044.90 04022201 08/29/2024 Fleet- Coolant Reservo $408.96 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $1,453.86 40611 09/13/2024 Open Accounts Payable CHAD MOSLEY $55.00 Invoice Date Description Amount ChadM08202024 08/20/2024 Cell Phone Reimbursement through 07212024- 08202024 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 40612 09/13/2024 Open Accounts Payable Construction Testing Services, Inc.$13,054.16 Invoice Date Description Amount 19754-4 07/31/2024 Regnart Road Improvements through July 2024 $13,054.16 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $13,054.16 40613 09/13/2024 Open Accounts Payable Craig Whittom Consulting $7,455.00 Invoice Date Description Amount 00073 09/01/2024 Vallco Project Management – August 2024 Services $3,412.50 00069 08/02/2024 Vallco Project Management – July 2024 Services $4,042.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $7,455.00 40614 09/13/2024 Open Accounts Payable CSG Consultants, Inc.$9,150.00 Invoice Date Description Amount 57847 09/06/2024 Blackberry Farm Pole Inspection (Year 4) $240.00 57848 09/06/2024 Bridge Preventative Maintenance 072724-083024 $8,910.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $240.00 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $8,910.00 40615 09/13/2024 Open Accounts Payable Cubic ITS, Inc.$983.25 Invoice Date Description Amount 90179909 08/30/2024 Gridsmart GS2 Processor $983.25 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $983.25 40616 09/13/2024 Open Accounts Payable Doggie Walk Bags, Inc.$2,864.66 Invoice Date Description Amount 0114377-IN 08/27/2024 Grounds - Doggie Bags $2,864.66 Monday, September 16, 2024Pages: 11 of 18user: Vi Tran 50 CC 10-15-2024 50 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,864.66 40617 09/13/2024 Open Accounts Payable EDGES ELECTRICAL GROUP $2,792.39 Invoice Date Description Amount S6245311.001 09/05/2024 Street- Wire Strippers/Cutters $57.87 S6245285.003 09/05/2024 Street- Wire THHN8-GRN-STR-CU-500R $289.66 S6245285.002 09/05/2024 Street- 2-inch PVC Conduit $65.96 S6245285.001 09/05/2024 Street- 2-Inch PVC Conduit, THHN8-BLK-STR,CU- 500R, THHN8-RED $2,378.90 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,792.39 40618 09/13/2024 Open Accounts Payable Eflex Group, Inc $4,605.89 Invoice Date Description Amount 09062024 09/06/2024 FSA pp 8/24/24-9/6/24 $4,605.89 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,605.89 40619 09/13/2024 Open Accounts Payable Geotab USA, Inc $2,330.50 Invoice Date Description Amount IN396871 08/31/2024 FY25 Geotab for Telematics August 2024 $2,330.50 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $2,330.50 40620 09/13/2024 Open Accounts Payable HF&H Consultants, LLC $12,962.50 Invoice Date Description Amount 9721449 08/30/2024 HF&H-July 2024 Services $12,962.50 Paying Fund Cash Account Amount 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $12,962.50 40621 09/13/2024 Open Accounts Payable IFPTE LOCAL 21 $2,108.43 Invoice Date Description Amount 09062024 09/06/2024 Association Dues - CEA pp 8/24/24-9/6/24 $2,108.43 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,108.43 40622 09/13/2024 Open Accounts Payable IMPEC GROUP INC,.$70,262.01 Invoice Date Description Amount 2408136 08/31/2024 Facilities- August 2024 Janitorial Services $70,262.01 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $60,735.01 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $1,159.00 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $8,368.00 Monday, September 16, 2024Pages: 12 of 18user: Vi Tran 51 CC 10-15-2024 51 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40623 09/13/2024 Open Accounts Payable Interstate Traffic Control Products, Inc. $229.69 Invoice Date Description Amount 265384 09/06/2024 Concrete Wheel Stop, Rebar Pins $229.69 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $229.69 40624 09/13/2024 Open Accounts Payable JINDY GARFIAS $110.00 Invoice Date Description Amount JindyG7112024 07/11/2024 Cell Phone Reimbursement through 07112024 $55.00 JindyG08112024 08/11/2024 Cell Phone Reimbursement through 08112024 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $110.00 40625 09/13/2024 Open Accounts Payable Jose Torres $91.26 Invoice Date Description Amount JoseT07012024 07/01/2024 Jose Disaster Recovery (DR) Site visit - 7/1/24 $91.26 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $91.26 40626 09/13/2024 Open Accounts Payable KIMBALL-MIDWEST $49.37 Invoice Date Description Amount 102566615 09/03/2024 Fleet- Aluminum Sleeve $49.37 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $49.37 40627 09/13/2024 Open Accounts Payable Klarity Consulting, LLC $11,760.00 Invoice Date Description Amount 2024-010 09/10/2024 Executive Coaching & Mentoring – August 2024 Services $3,360.00 2024-008 08/10/2024 Executive Coaching & Mentoring – July 2024 Services $8,400.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $11,760.00 40628 09/13/2024 Open Accounts Payable Knorr Systems International $2,051.79 Invoice Date Description Amount 246687 08/29/2024 Facilities- Pool Chemicals $2,051.79 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,051.79 40629 09/13/2024 Open Accounts Payable Lighthouse Services, LLC $1,835.00 Invoice Date Description Amount 1051870 08/01/2024 FWA - Compliance Hotline Annual Fee 9/1/24-9/1/24 $1,835.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,835.00 Monday, September 16, 2024Pages: 13 of 18user: Vi Tran 52 CC 10-15-2024 52 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40630 09/13/2024 Open Accounts Payable MissionSquare $13,180.60 Invoice Date Description Amount 09062024 09/06/2024 ICMA pp 8/24/24-9/6/24 $13,180.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $13,180.60 40631 09/13/2024 Open Accounts Payable Nexinite, LLC $5,486.00 Invoice Date Description Amount INV-002708 09/03/2024 FY25 Support for CIP Management Hub August 2024 $5,486.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $5,486.00 40632 09/13/2024 Open Accounts Payable NI Government Services Inc $79.04 Invoice Date Description Amount 24082907051 09/06/2024 Telephone & Data Services – August 2024 $79.04 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $79.04 40633 09/13/2024 Open Accounts Payable ODP Business Solutions, LLC.$745.97 Invoice Date Description Amount 376992689001 08/02/2024 Plotter Paper $105.98 376991511001 08/02/2024 Plotter Ink $639.99 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $745.97 40634 09/13/2024 Open Accounts Payable PARS/City of Cupertino $4,618.57 Invoice Date Description Amount 09062024 09/06/2024 PARS pp 8/24/24-9/6/24 $4,618.57 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,618.57 40635 09/13/2024 Open Accounts Payable Phoenix MSA Holdings, LLC $2,082.84 Invoice Date Description Amount B1-2443462 09/01/2024 FY25 Colocation Services for October 2024 $2,082.84 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $2,082.84 40636 09/13/2024 Open Accounts Payable PlaceWorks $28,709.06 Invoice Date Description Amount COCU-26.0-83847 07/31/2024 GP 2040 and Zoning Code Amendents, & Subsequent EIR - Jul 2024 $28,709.06 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $28,709.06 40637 09/13/2024 Open Accounts Payable PLAN JPA $11,569.45 Invoice Date Description Amount PLAN-0136 09/10/2024 General Liability Claims - August 2024 $11,569.45 Paying Fund Cash Account Amount Monday, September 16, 2024Pages: 14 of 18user: Vi Tran 53 CC 10-15-2024 53 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $11,569.45 40638 09/13/2024 Open Accounts Payable QLM, Inc.$65,075.00 Invoice Date Description Amount 5404 08/20/2024 All Inclusive Playground through 08012024-08312024 $65,075.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $65,075.00 40639 09/13/2024 Open Accounts Payable Quadient Finance USA, Inc.$1,036.00 Invoice Date Description Amount 8702-09032024 09/03/2024 Postage funds for machine Aug 2024 $1,036.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,036.00 40640 09/13/2024 Open Accounts Payable R & R INDUSTRIES, INC.$273.49 Invoice Date Description Amount 676284 09/09/2024 Service Center- Orange Fleece Hoodies $273.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $273.49 40641 09/13/2024 Open Accounts Payable Red Wing Business Advantage Account $3,547.09 Invoice Date Description Amount 20240910074592 09/10/2024 Safety Boots- Service Center & Traffic Yard (Paul Tognetti) $3,547.09 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,547.09 40642 09/13/2024 Open Accounts Payable Redgwick Construction Company $543,698.70 Invoice Date Description Amount 5, 4625 06/30/2024 FY23-24 DeAnza Blvd & McClellan Mods June 24 $515,819.38 6, 4625 08/31/2024 DeAnza Blvd & McClellan Mods August 2024 $27,879.32 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $543,698.70 40643 09/13/2024 Open Accounts Payable Rescue Training Institute, Inc.$3,590.21 Invoice Date Description Amount 21153 06/26/2024 Cardiac Science G5 AED Battery - 7 Quantity $3,590.21 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,590.21 40644 09/13/2024 Open Accounts Payable Revel Environmental Manufacturing, Inc. $987.00 Invoice Date Description Amount 63266 08/27/2024 Silt/Sediment cleaning $987.00 Paying Fund Cash Account Amount Monday, September 16, 2024Pages: 15 of 18user: Vi Tran 54 CC 10-15-2024 54 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $987.00 40645 09/13/2024 Open Accounts Payable Richard Yau $13,940.00 Invoice Date Description Amount 2406 08/26/2024 FY23-24 Master Agreement 2022-002 through 060124 -063024 $13,940.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $13,940.00 40646 09/13/2024 Open Accounts Payable Rincon Consultants, Inc $3,294.50 Invoice Date Description Amount 59544 09/10/2024 GHG Emissions Inventory Support- August 2024 services $3,294.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,294.50 40647 09/13/2024 Open Accounts Payable Ross Recreation Equipment, Inc.$7,317.31 Invoice Date Description Amount I25959 08/13/2024 Grounds- Benches for Monta Vista Rec Center $7,317.31 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $7,317.31 40648 09/13/2024 Open Accounts Payable Sherrill Inc dba Vertical Supply Group $1,577.81 Invoice Date Description Amount INV-1006928 09/05/2024 Trees/ROW- Pop Box, Rope Clamp, Catch, Carabiner, SRT Chest $792.15 INV-1007231 09/05/2024 Trees/ROW- Saka Foldables, Steel Climbers $785.66 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,577.81 40649 09/13/2024 Open Accounts Payable Sonitrol/Pacific West Security, Inc.$550.00 Invoice Date Description Amount 88233 08/29/2024 Facilities- Teen Center Alarm Project $550.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $550.00 40650 09/13/2024 Open Accounts Payable Staples $228.10 Invoice Date Description Amount 6009221166 08/14/2024 QCC Office Supplies $228.10 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $228.10 40651 09/13/2024 Open Accounts Payable Starbird Consulting LLC $16,866.13 Invoice Date Description Amount 0256 08/15/2024 Regnart Road Improvements Fesibility through 07312024 $1,381.50 0254 08/15/2024 Regnart Road Improvements through 07312024 $3,298.00 0255 08/15/2024 McClellan Ranch West Parking Lot through 07312024 $5,897.67 Monday, September 16, 2024Pages: 16 of 18user: Vi Tran 55 CC 10-15-2024 55 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0253 07/12/2024 FY23-24 Regnart Road Improvements thru 06302024 $6,288.96 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $16,866.13 40652 09/13/2024 Open Accounts Payable Startup Space LLC $10,000.00 Invoice Date Description Amount 1592 08/29/2024 FY25 Startup Space Subscription 8/17/24 -8/16/25 $10,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,000.00 40653 09/13/2024 Open Accounts Payable Tanko Lighting $5,006.00 Invoice Date Description Amount 69740 08/31/2024 LED Streetlight Transition through August 2024 $5,006.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $5,006.00 40654 09/13/2024 Open Accounts Payable Urban Futures, Inc.$1,976.00 Invoice Date Description Amount CD-2023-026 05/20/2024 FY23-24Cont Disclosure & Compliance Services - FY 2023 Reporting $1,976.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,976.00 40655 09/13/2024 Open Accounts Payable URSULA SYROVA $268.91 Invoice Date Description Amount UrsulaS090924 09/09/2024 CCEC Conference Reimbursement $268.91 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $268.91 40656 09/13/2024 Open Accounts Payable WOWzy Creation Corp. dba First Place $45.24 Invoice Date Description Amount 96718 09/06/2024 Name plate and name badge-Jasmin L $45.24 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45.24 Type EFT Totals:66 Transactions $1,460,856.76 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 33 $238,707.23 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 33 $238,707.23 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 66 $1,460,856.76 $0.00 Reconciled 0 $0.00 $0.00 Monday, September 16, 2024Pages: 17 of 18user: Vi Tran 56 CC 10-15-2024 56 of 328 Payment Register City of Cupertino From Payment Date: 9/7/2024 - To Payment Date: 9/13/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Voided 0 $0.00 $0.00 Total 66 $1,460,856.76 $0.00 All Status Count Transaction Amount Reconciled Amount Open 99 $1,699,563.99 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 99 $1,699,563.99 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 33 $238,707.23 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 33 $238,707.23 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 66 $1,460,856.76 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 66 $1,460,856.76 $0.00 All Status Count Transaction Amount Reconciled Amount Open 99 $1,699,563.99 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 99 $1,699,563.99 $0.00 Monday, September 16, 2024Pages: 18 of 18user: Vi Tran 57 CC 10-15-2024 57 of 328 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING SEPTEMBER 20, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 58 CC 10-15-2024 58 of 328 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 59 CC 10-15-2024 59 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 735331 09/20/2024 Open Accounts Payable Advantage Grafix $146.03 Invoice Date Description Amount 48845 09/04/2024 PW City Hall: SR2S Bike Fest Mailer $146.03 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $146.03 735332 09/20/2024 Open Accounts Payable AT&T $203.62 Invoice Date Description Amount 000022275681 09/12/2024 911 Emergency Lines 08/12/2024 - 09/11/2024 $203.62 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $203.62 735333 09/20/2024 Open Accounts Payable Belkorp Ag, LLC $137.19 Invoice Date Description Amount 1013890 09/09/2024 Fleet- Filter Elements $137.19 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $137.19 735334 09/20/2024 Open Accounts Payable Bunny Gurus $675.00 Invoice Date Description Amount 09262024_1 09/16/2024 Deposit 50% for animal therapy on September 26, 2024 $675.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $675.00 735335 09/20/2024 Open Accounts Payable C & N TRACTORS $86,861.82 Invoice Date Description Amount 15556 08/28/2024 Fleet- Kubota M5-11HDC24-1 Tractor & LA1854 Loader $86,861.82 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $86,861.82 735336 09/20/2024 Open Accounts Payable CINTAS CORP $3,446.07 Invoice Date Description Amount 4204119946 09/04/2024 Service Center - Uniform Safety Apparel $1,149.69 4204782049 09/10/2024 Service Center - Uniform Safety Apparel $1,148.19 4205470442 09/17/2024 Service Center - Uniform Safety Apparel $1,148.19 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,446.07 735337 09/20/2024 Open Accounts Payable COAST COUNTIES PETERBILT $34.22 Invoice Date Description Amount 01219780P 09/13/2024 Fleet- Premium Fluid Windshield Wash $34.22 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $34.22 Monday, September 23, 2024Pages: 1 of 22user: Vi Tran 60 CC 10-15-2024 60 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735338 09/20/2024 Open Accounts Payable COMCAST $1,398.31 Invoice Date Description Amount 3310-090724 09/07/2024 8155 40 065 0183310-090724 $1,398.31 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $697.90 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $700.41 735339 09/20/2024 Open Accounts Payable County of Santa Clara $600.00 Invoice Date Description Amount ASA-2023-006 09/10/2024 Exempt Filing for Permit # ASA-2023-006 & TR-2023- 039 $50.00 ASA-2024-001 09/10/2024 Exempt Filing for Permit# ASA-2024-001 $50.00 DIR-2024-005 09/10/2024 Exempt Filing for Permit #DIR-2024-005 $50.00 R-2023-041 09/10/2024 Exempt Filing for Permit #R-2023-041 & RM-2023-037 $50.00 R-2024-005 09/10/2024 Exempt Filing for Permit #R-2024-005 & RM-2024-004 $50.00 R-2024-006 09/10/2024 Exempt Filing for Permit #R-2024-006 & RM-2024-005 $50.00 R-2024-008 09/10/2024 Exempt Filing for Permit #R-2024-008 $50.00 R-2024-010 09/10/2024 Exempt Filing for Permit #R-2024-010 & RM-2024-007 $50.00 TR-2024-005 09/10/2024 Exempt Filing for Permit #TR-2024-005 $50.00 TR-2024-006 09/10/2024 Exempt Filing for Permit #TR-2024-006 $50.00 TR-2024-019 09/10/2024 Exempt Filing for Permit #TR-2024-19 $50.00 TR-2024-022 09/10/2024 Exempt Filing for Permit #TR-2024-022 $50.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $600.00 735340 09/20/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $1,491,517.83 Invoice Date Description Amount 1800091002 09/17/2024 Law Enforcement Services for July 2024 $1,491,517.83 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,491,517.83 735341 09/20/2024 Open Accounts Payable Dunn-Edwards Corporation $76.15 Invoice Date Description Amount 2204A02498 09/13/2024 Facilities- Paint $76.15 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $76.15 735342 09/20/2024 Open Accounts Payable Environmental Collaborative $2,340.00 Invoice Date Description Amount 24-09-06-1 09/06/2024 Peer Review of Biologist Report - 10200 S De Anza Blvd $2,340.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,340.00 735343 09/20/2024 Open Accounts Payable Foster Brothers Security Systems $17.46 Invoice Date Description Amount 6798 09/05/2024 Facilities- Cut Key $17.46 Monday, September 23, 2024Pages: 2 of 22user: Vi Tran 61 CC 10-15-2024 61 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $17.46 735344 09/20/2024 Open Accounts Payable HUICHEN LIN $1,019.20 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $1,019.20 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,019.20 735345 09/20/2024 Open Accounts Payable Linda Hsu $3,778.60 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $3,778.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,778.60 735346 09/20/2024 Open Accounts Payable MH Pumpkins, LLC $400.00 Invoice Date Description Amount 000683 09/14/2024 Senior Trip: 10/2/24 - Historic Morgan Hill & Pumpkin Patch Trip $400.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $400.00 735347 09/20/2024 Open Accounts Payable Michele Westlaken $282.80 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $282.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $282.80 735348 09/20/2024 Open Accounts Payable MING FEN LEE $1,014.30 Invoice Date Description Amount 091324 09/13/2024 June-August Classes $1,014.30 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,014.30 735349 09/20/2024 Open Accounts Payable Mobile Modular Portable Storage $708.82 Invoice Date Description Amount 301491835 08/09/2024 8x20 Storage-Rent 08/02/2024 to 08/31/2024, Return and Delivery $560.41 301510940 09/01/2024 8x20 Storage-Rent 09/01/2024 to 09/30/2024 $148.41 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $708.82 735350 09/20/2024 Open Accounts Payable Mountain View Garden Center $365.41 Invoice Date Description Amount 116319 09/11/2024 Grounds- Fill Sand $149.45 116310 09/10/2024 Grounds- Fill Sand $215.96 Paying Fund Cash Account Amount Monday, September 23, 2024Pages: 3 of 22user: Vi Tran 62 CC 10-15-2024 62 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $365.41 735351 09/20/2024 Open Accounts Payable Pacific Gas and Electric $491.64 Invoice Date Description Amount 127305279-042324 04/23/2024 10301 S Blaney Ave Cupertino_Contract#50104624 V2 $491.64 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $491.64 735352 09/20/2024 Open Accounts Payable PACIFIC PRODUCTS AND SERVICES LLC. $2,321.75 Invoice Date Description Amount 34598 09/06/2024 Street- Roll Up for Collapse & Wrap Sign Stands, Flag Kit $2,321.75 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $2,321.75 735353 09/20/2024 Open Accounts Payable Peninsula Party Rentals Inc.$2,800.44 Invoice Date Description Amount 20877 09/17/2024 Party Rental Supplies for Bike Fest $2,800.44 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,800.44 735354 09/20/2024 Open Accounts Payable PETERSON TRACTOR CO.$233.20 Invoice Date Description Amount PC001870139 09/04/2024 Fleet- Element, Element Fuel, Filter, Main Element $233.20 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $233.20 735355 09/20/2024 Open Accounts Payable PG&E $87,988.59 Invoice Date Description Amount 0092-082924-0 08/29/2024 116367401 -Miller W/S N of Greenwood $21.59 0092-082924-1 08/29/2024 116367359 -Homestead and Heron, traffic control svc $85.08 0092-082924-2 08/29/2024 116367150 -Homestead and Wolfe Road, Sunnyvale $138.08 0092-082924-3 08/29/2024 116367155 -Homestead and Blaney, Cupertino Traffic Signal, Sunny $86.50 0092-082924-4 08/29/2024 116367275 -Homestead and Tantau, Cupertino Traffic Signal, Sunny $139.14 0092-082924-5 08/29/2024 116367013 -112017763 -11370 S Stelling Rd, Irrigation Control $9.20 0092-082924-6 08/29/2024 116644889 19500 Pruneridge ave pole TP16660 $9.20 0092-082924-7 08/29/2024 118007511 -21834 Corte Madera Ln $5.60 0092-082924-8 08/29/2024 1110161867 - Wolfe Rd @ Apple Campus Driveway $99.10 0092-082924-9 08/29/2024 116367793 -101 Skyport Dr, DG A, San Jose, PGandE-Owned St/Highw $814.57 0092-082924-10 08/29/2024 110958527 115145264 -Randy Lane & Larry Way- Streetlights $66.33 0092-082924-11 08/29/2024 111736580 SF Cupertino 075 $5.55 Monday, September 23, 2024Pages: 4 of 22user: Vi Tran 63 CC 10-15-2024 63 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-082924-12 08/29/2024 116367357 -N De Anza 188 FT N/Valley Green Dr, Irrig Controller $20.61 0092-082924-13 08/29/2024 116367907 -S/W Corner Stelling and Green leaf, Traffic Signal $113.08 0092-082924-14 08/29/2024 116367113 -Miller E/S 100N off Calle De Barcelona $105.16 0092-082924-15 08/29/2024 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler Control $10.66 0092-082924-16 08/29/2024 116367677 -De Anza and Lazaneo, Sprinkler System $10.83 0092-082924-17 08/29/2024 116367025 -De Anza and Lazaneo, Traffic Signal $112.71 0092-082924-18 08/29/2024 110659172 -N De Anza 455FT S/O Mariani Dr, Irrig Control $15.75 0092-082924-19 08/29/2024 116367035 -De Anza Blvd and Mariani, Traffic Signal/Safety Lts $140.76 0092-082924-20 08/29/2024 116367045 -De Anza Blvd and Hwy 280 S/Ramp, Traffic Signal $138.11 0092-082924-21 08/29/2024 116367050 -NW Corner Stevens Crk, Traffic Signals $113.49 0092-082924-22 08/29/2024 116367055 -Saich Wy and Stevens Crk NE Corner, Traffic Signal $97.05 0092-082924-23 08/29/2024 116367060 -E37R0 Stevens Creek and De Anza Blvd, Traffic Signal $149.56 0092-082924-24 08/29/2024 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler Control $11.38 0092-082924-25 08/29/2024 116367070 -Stevens Creek and Blaney Ave., Traffic Signal $130.38 0092-082924-26 08/29/2024 116367075 -Vallco Pkwy and Perimeter Rd., Traffic Signals $87.48 0092-082924-27 08/29/2024 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $132.58 0092-082924-28 08/29/2024 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic Signal $125.15 0092-082924-29 08/29/2024 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $178.69 0092-082924-30 08/29/2024 116367110 -SW Cor Stevens Crk and Portal, Traffic Signal $118.32 0092-082924-31 08/29/2024 116367115 -Stevens Crk and Perimeter Rd, Traffic Control Signal $118.46 0092-082924-32 08/29/2024 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $129.86 0092-082924-33 08/29/2024 116367125 -Stevens Crk and Tantau, Traffic Signals $128.84 0092-082924-34 08/29/2024 116367130 -NW Corner Steven Crk and Torre, Traffic Signal $119.88 0092-082924-35 08/29/2024 116367782 -N/S Stevens Creek Blvd in front of 20301, Irrigation $10.82 0092-082924-36 08/29/2024 116367001 -E37H4 Wolfe and Rte 280 NB Loc A $80.12 0092-082924-37 08/29/2024 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control and Traffic S $150.18 0092-082924-38 08/29/2024 116367170 -Tantau Ave and Tandem D/W, Traffic Signal $129.38 0092-082924-39 08/29/2024 116367175 -S/E Corner Pruneridge and Tantau, Traffic Controller $107.18 0092-082924-40 08/29/2024 116367180 -Finch and Stevens Creek, Traffic Signals $146.75 0092-082924-41 08/29/2024 116367185 -Wolfe Rd 500 Ft S/O Homestead, City/Sign Lighting $42.09 0092-082924-42 08/29/2024 116367195 -Corner Miller and Phil Ln, Traffic Signal $96.87 Monday, September 23, 2024Pages: 5 of 22user: Vi Tran 64 CC 10-15-2024 64 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-082924-43 08/29/2024 116367200 -Homestead and De Anza Blvd, Traffic Signal/Dept Pub W $163.23 0092-082924-44 08/29/2024 116367205 -Homestead Rd and Franco Ct, Traffic Signals $100.88 0092-082924-45 08/29/2024 116367215 -N/Ramp De Anza Blvd, Traffic Signal $123.19 0092-082924-46 08/29/2024 116367220 -Homestead Rd and Bluejay Rd, Traffic Signals $100.02 0092-082924-47 08/29/2024 118426656 -WS Portal Btw Amhurst-Wheaton , Portal Prk Ltg, Prk L $546.98 0092-082924-48 08/29/2024 114321565 116367416 -22601 Voss Ave $3,515.41 0092-082924-49 08/29/2024 116367925 -22601 Voss Ave, Outdoor Lighting-MV Park $24.22 0092-082924-50 08/29/2024 116367245 -Stevens Creek Blvd and Janice Ave, Sprinkler Control $20.17 0092-082924-51 08/29/2024 116367269 -Cor/Lucille and Randy Ln, Sprinkler System (011095852 $13.05 0092-082924-52 08/29/2024 116367255 -Lucille and Villa De Anza, Sprinkler Control $422.88 0092-082924-53 08/29/2024 116367815 -19784 Wintergreen Dr $1,053.82 0092-082924-54 08/29/2024 116367280 -Stevens Creek Blvd and Fwy 85 East Ramp, Traffic Sign $122.70 0092-082924-55 08/29/2024 116367290 -Stevens Creek and Mary Ave, Traffic Signals $121.44 0092-082924-56 08/29/2024 116367408 -Stevens Creek Bl and Mary Avenue, Memorial Park Pump $91.04 0092-082924-57 08/29/2024 116367625 -Stevens Creek Blvd Orange S/W Cor, Irrigation Control $10.51 0092-082924-58 08/29/2024 116367902 -10246 Parkside Ln, Wilson Pk Sprinklers,Snack Shack,I $495.34 0092-082924-59 08/29/2024 116367628 -N/W corner Alpine Dr and Foothill Blvd, Irrigation Co $10.51 0092-082924-60 08/29/2024 116367476 -Salem Ave and Foothill Blvd, Irrigation Control $10.53 0092-082924-61 08/29/2024 116367527 -Foothill Blvd 200' N/O Stevens Creek W/S, Irrigation $10.72 0092-082924-62 08/29/2024 116367740 -Carmen Rd and Stevens Creek S/E corner, Irrigation Co $12.15 0092-082924-63 08/29/2024 116367343 112570652 -Foothill Blvd 150' N/O Alpine E/S, Irrigati $11.09 0092-082924-64 08/29/2024 116367370 -Stevens Creek Blvd and Fwy 85 West Ramp, Traffic Sign $15.77 0092-082924-65 08/29/2024 116367380 -NE Corner Peninsula and Stevens Creek, Traffic Signal $119.39 0092-082924-66 08/29/2024 116367385 -End/Stokes W/Wilson Crt, Sprinkler Control $13.13 0092-082924-67 08/29/2024 116367395 -N/E corner Foothill and Starling Dr, Traffic Signals $103.31 0092-082924-68 08/29/2024 116367067 -Stonydale Dr and Varian Park, walkway lighting and Ir $126.20 0092-082924-69 08/29/2024 116367071 -Linda Vista Dr / Hillside Park, Hillside Park $28.38 0092-082924-70 08/29/2024 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation Control $229.39 Monday, September 23, 2024Pages: 6 of 22user: Vi Tran 65 CC 10-15-2024 65 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-082924-71 08/29/2024 116367455 -E37R9 Rodriguez and De Anza Blvd, Traffic Signal $127.10 0092-082924-72 08/29/2024 116367656 -Scofield and De Anza, 100HP $14.02 0092-082924-73 08/29/2024 116367465 -De Anza Blvd and Scofield Dr, Sprinkler Controller $12.70 0092-082924-74 08/29/2024 116367475 -Foothill and Stevens Creek, Traffic Signal $100.66 0092-082924-75 08/29/2024 116367447 -Stelling Rd Median 500' S/O Peppertree Ln, Landscape $14.30 0092-082924-76 08/29/2024 116367236 -Stelling Rd Median 450' S/O Stevens Crk, Landscape Ir $13.89 0092-082924-77 08/29/2024 116367505 -Stevens Crk and Stelling, Signal $53.21 0092-082924-78 08/29/2024 116367510 -Bubb Rd and Results Wy, Traffic Signal $91.63 0092-082924-79 08/29/2024 116367515 -Bubb Rd and McClellan Intersection, Traffic Signal $156.85 0092-082924-80 08/29/2024 116367520 -Stelling Rd and Peppertree, Traffic Signal $91.69 0092-082924-81 08/29/2024 116367525 -Stelling and McClellan, Signals $136.82 0092-082924-82 08/29/2024 116367530 -Orange Ave and Stevens Creek N/E corner, Traffic Cont $77.86 0092-082924-83 08/29/2024 116367493 -Dumas Dr/Jollyman Park, Jollyman Park Restroom $957.10 0092-082924-84 08/29/2024 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $114.89 0092-082924-85 08/29/2024 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85, Traffic Signal $105.89 0092-082924-86 08/29/2024 116367560 -S/E corner De Anza and Pacifica, Traffic Signal $145.39 0092-082924-87 08/29/2024 116367570 -De Anza Blvd, Sprinkler Controller *$12.70 0092-082924-88 08/29/2024 116367585 -Rainbow and Stelling, Traffic Signal $98.42 0092-082924-89 08/29/2024 116367559 -21011 Prospect Rd, Irrigation Control $10.60 0092-082924-90 08/29/2024 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler Control $80.12 0092-082924-91 08/29/2024 115211833 -10300 Anisworth Dr, Ball Park Stevens Creek SV $10.97 0092-082924-92 08/29/2024 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $623.31 0092-082924-93 08/29/2024 110081495 -10710 Stokes Ave, Somerset Park $39.71 0092-082924-94 08/29/2024 116367044 -10555 Mary Ave NEM $442.77 0092-082924-95 08/29/2024 116367568 -10555 Mary Ave, Corp Yard $180.81 0092-082924-96 08/29/2024 116367474 -10500 Ann Arbor Ave, Field-Garden Gate $395.16 0092-082924-97 08/29/2024 114315284 116367325 -21975 San Fernando Ave, Picnic Area $5,424.62 0092-082924-98 08/29/2024 116367171 -10155 Barbara Ln, Irrigation and Scoreboard $371.32 0092-082924-99 08/29/2024 116367587 -10430 S De Anza Blvd, Holiday Lighting $53.76 0092-082924-100 08/29/2024 116367449 -10350 Torre Ave, Community Hall $4,126.30 0092-082924-101 08/29/2024 111190735 119980351-10300 Torre Ave, City Hall $16,618.56 0092-082924-102 08/29/2024 116367437 -10455 Miller Ave, Creekside Park $878.27 0092-082924-103 08/29/2024 116367988 -21710 McClellan Rd, Playground Reception Area $10.58 0092-082924-104 08/29/2024 116367484 -20220 Suisun Dr, Parks and Rec Free Standing Panel $236.53 0092-082924-105 08/29/2024 116367763 -10630 S De Anza Blvd, Holiday Lighting $57.71 0092-082924-106 08/29/2024 116367332 -821 Bubb Rd #B/Building Concession $76.62 Monday, September 23, 2024Pages: 7 of 22user: Vi Tran 66 CC 10-15-2024 66 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-082924-107 08/29/2024 116367274 -1170 Yorkshire Dr.$11.29 0092-082924-108 08/29/2024 116367013 - 1486 S Stelling Rd $10.51 0092-082924-109 08/29/2024 116367941 -7548 Donegal Dr, Irrigation Control /Hoover Park $13.46 0092-082924-110 08/29/2024 116367840 -10185 N Stelling RD $19,267.74 0092-082924-111 08/29/2024 116971849 -21111 Stevens Creek Blvd, Sports Center $14,116.32 0092-082924-112 08/29/2024 116367477 -21121 Stevens Creek Blvd, Memorial Park $3,033.48 0092-082924-113 08/29/2024 (Old116367536) 113736756 -Senior Center 21251 Stevens Creek BLV $6,923.77 0092-082924-114 08/29/2024 116367590 -Saratoga Sunnyvale Rd and Hwy 85, Traffic Signal $99.56 0092-082924-115 08/29/2024 116367605 -E37C1 Prospect and Rte 85, Traffic Signal $122.10 0092-082924-116 08/29/2024 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic Signal $125.55 0092-082924-117 08/29/2024 116367620 -S De Anza Blvd and Sharon Dr , Irrigation Controller $21.05 0092-082924-119 08/29/2024 116367610 -E37R6 Kentwood/S. De Anza Blvd, Traffic Signal $113.35 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $73,248.96 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $623.31 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $14,116.32 735356 09/20/2024 Open Accounts Payable ResQMe Inc.$2,940.00 Invoice Date Description Amount 38035 07/11/2024 400 Qty Neon ResQMe Tools in Poly Bags $2,940.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,940.00 735357 09/20/2024 Open Accounts Payable Rock The Bike, LLC $4,863.36 Invoice Date Description Amount 13638 08/09/2024 Rental Spin Art for Bike Fest $4,863.36 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,863.36 735358 09/20/2024 Open Accounts Payable Royal Coach Tours $5,950.00 Invoice Date Description Amount 29811 08/26/2024 Charter 30604: 8/8/24 - Taste of Berkeley Trip $1,573.00 29885 08/22/2024 Charter 31227: 8/22/24 - Live it Up Livermore Trip $1,319.00 30528 09/05/2024 Charter 30528: 9/5/24-Railroad Square and the Schulz Museum Trip $1,607.00 30707 09/19/2024 Charter 30707: 9/18/24-Treasuresof Berkeley &SkatesOnTheBay Trip $1,451.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,950.00 Monday, September 23, 2024Pages: 8 of 22user: Vi Tran 67 CC 10-15-2024 67 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735359 09/20/2024 Open Accounts Payable Rupa Narayanan $289.80 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $289.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $289.80 735360 09/20/2024 Open Accounts Payable San Jose Water Company $35,618.80 Invoice Date Description Amount 07312024 08/22/2024 Water System Upgrades $35,618.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $35,618.80 735361 09/20/2024 Open Accounts Payable Sharp Electronics Corporation $6,390.10 Invoice Date Description Amount 9004953065 08/03/2024 Sharp Maintenance Agreement for MFP support August 2024 $350.59 9005017135 09/17/2024 Sharp Maintenance Agreement - Print Overages 5/31/24 - 8/26/24 $1,716.84 9004941648 07/29/2024 Sharp Maintenance Agreement - Print Overages 2/12/24 - 05/31/24 $4,322.67 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $6,390.10 735362 09/20/2024 Open Accounts Payable Sue and Kathy Line Dance $4,334.40 Invoice Date Description Amount 091224 09/12/2024 July-August 2024 Classes $4,334.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,334.40 735363 09/20/2024 Open Accounts Payable Tracer Golf Accessories $396.40 Invoice Date Description Amount INV-012542 07/31/2024 Golf Tees and accessories. $396.40 Paying Fund Cash Account Amount 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $396.40 735364 09/20/2024 Open Accounts Payable TransUnion Risk and Alternative $165.00 Invoice Date Description Amount 6110432-202408-1 09/01/2024 Tlo - 08/01/2024 - 08/31/2024 $165.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $165.00 735365 09/20/2024 Open Accounts Payable Zendesk, Inc.$38,640.00 Invoice Date Description Amount INV11826180 07/24/2024 FY25 Zendesk Enterprise 28 licenses 7/23/24 - 7/22/25 $38,640.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $38,640.00 Monday, September 23, 2024Pages: 9 of 22user: Vi Tran 68 CC 10-15-2024 68 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735366 09/20/2024 Open Accounts Payable MENLO LAND & CAPITAL XVII, LLC $5,000.00 Invoice Date Description Amount 344520 09/10/2024 REFUND 10100 BUBB RD BLD-2023-0031 TCO BOND $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 735367 09/20/2024 Open Accounts Payable POONG YEUB LEE $308.26 Invoice Date Description Amount 343061 09/10/2024 REFUND 22404 RAMONA CT BLD-2024-1248 CANCELED $308.26 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $308.26 735368 09/20/2024 Open Accounts Payable RANDOS HVAC $559.15 Invoice Date Description Amount 346842 09/09/2024 REFUND 1071 WEST HILL CT BLD-2024-1957 WITHDRAWL $559.15 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $559.15 735369 09/20/2024 Open Accounts Payable Thomas James Homes $23,000.00 Invoice Date Description Amount 323709 09/17/2024 19181 Phil Ln, Encroachment, 323709 $23,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $23,000.00 735370 09/20/2024 Open Accounts Payable Zhou, Ye $10,200.00 Invoice Date Description Amount 325548 09/17/2024 22641 San Juan Rd, Encroachment, 325548 $10,200.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,200.00 735371 09/20/2024 Open Accounts Payable MNS Engineers, Inc.$2,895.00 Invoice Date Description Amount 87107 08/15/2024 CDBG Housing Services - 2024/07 $2,895.00 Paying Fund Cash Account Amount 260 - CDBG 260 100-100 (Cash & Investments Assets Operating Cash) $2,895.00 735372 09/20/2024 Open Accounts Payable DROWN, MARTA $20.00 Invoice Date Description Amount 262682 01/07/2022 Live Scan and Fingerprinting Reimbursement $20.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $20.00 Monday, September 23, 2024Pages: 10 of 22user: Vi Tran 69 CC 10-15-2024 69 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 735373 09/20/2024 Open Accounts Payable Griffin, Kelly $250.00 Invoice Date Description Amount 2008890.030 04/11/2024 QCC- 04.11.24- Creekside Building Security Deposit Refund $250.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $250.00 Type Check Totals:43 Transactions $1,830,678.72 EFT 40657 09/16/2024 Open Accounts Payable EMPLOYMENT DEVEL DEPT $45,839.63 Invoice Date Description Amount 09062024 09/06/2024 CA State Tax pp 8/24/24-9/6/24 $45,839.63 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45,839.63 40658 09/16/2024 Open Accounts Payable IRS $145,574.92 Invoice Date Description Amount 09062024 09/06/2024 Federal Tax pp 8/24/24-9/6/24 $145,574.92 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $145,574.92 40659 09/19/2024 Open Accounts Payable P E R S $165,124.36 Invoice Date Description Amount 09062024 09/06/2024 PERS pp 8/24/24-9/6/24 $165,124.36 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $165,124.36 40660 09/16/2024 Open Accounts Payable TASC $456.63 Invoice Date Description Amount IN3211723 09/11/2024 HRA - Administration Fees 9/1/2024 - 9/30/2024 $456.63 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $456.63 40661 09/16/2024 Open Accounts Payable TASC $262.70 Invoice Date Description Amount IN3211724 09/11/2024 FSA - Administration Fees 9/1/2024 - 9/30/2024 $262.70 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $262.70 40662 09/20/2024 Open Accounts Payable 4LEAF, Inc.$38,713.62 Invoice Date Description Amount J4259C 08/31/2024 Jollyman All Inclusive Park through 08012024- 08312024 $38,713.62 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $38,713.62 Monday, September 23, 2024Pages: 11 of 22user: Vi Tran 70 CC 10-15-2024 70 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40663 09/20/2024 Open Accounts Payable AIRGAS USA LLC $103.23 Invoice Date Description Amount 5510727220 08/31/2024 Fleet- Acetylene & Oxygen Cylinder Rental $103.23 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $103.23 40664 09/20/2024 Open Accounts Payable Aldo Corral $110.00 Invoice Date Description Amount AldoC072524 07/25/2024 Cell Phone Reimbursement - Aldo C 06.26.24 to 07.25.24 $55.00 AldoC062524 06/25/2024 Cell Phone Reimbursement - Aldo C 05.26.24 to 06.25.24 $55.00 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $110.00 40665 09/20/2024 Open Accounts Payable Amazon Capital Services $1,376.21 Invoice Date Description Amount 1PQV-H7NR-MLDP 09/01/2024 Amazon Purchases August 2024 - PR5 Outdoor Recreation $238.50 1J63-L61L-NCJ1 09/01/2024 Amazon Purchases Aug 2024 - PR4 Events, Facilities, Youth, Teen $748.66 1WL6-H4RR-NT7C 09/01/2024 Amazon Purchases August 2024 - PR2 Senior Wellness $389.05 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $951.99 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $85.08 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $339.14 40666 09/20/2024 Open Accounts Payable Anna Tang-Sam $153.06 Invoice Date Description Amount Tang-Sam08292024 08/29/2024 2024 Service Award Employee Picnic $153.06 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $153.06 40667 09/20/2024 Open Accounts Payable Aquatic Central $3,000.00 Invoice Date Description Amount 100024 09/15/2024 Facilities - Library Aquarium Maint. Sept 2024 $3,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,000.00 40668 09/20/2024 Open Accounts Payable Avocette Technologies Inc.$4,619.55 Invoice Date Description Amount 2408CU1 08/31/2024 FY25 Accela Support for Configuration and Support August 2024 $4,619.55 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,619.55 Monday, September 23, 2024Pages: 12 of 22user: Vi Tran 71 CC 10-15-2024 71 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40669 09/20/2024 Open Accounts Payable B&H PHOTO-VIDEO $95.16 Invoice Date Description Amount 227022019 09/02/2024 Ensemble Redundant Power Supply (3rd one delivered) $95.16 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $95.16 40670 09/20/2024 Open Accounts Payable Batteries Plus Bulbs #475 $69.73 Invoice Date Description Amount P75830045 09/10/2024 Facilities- 12V Lead Batteries $69.73 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $69.73 40671 09/20/2024 Open Accounts Payable BECK'S SHOES INC. $800.00 Invoice Date Description Amount 281744-00 09/13/2024 Safety Boots- Josh Ilnicki & Bill Bridge $800.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $800.00 40672 09/20/2024 Open Accounts Payable BRIAN GATHERS $55.00 Invoice Date Description Amount BrianG090424 09/04/2024 Cell Phone Reimbursement - Brian G 08.05.24 to 09.04.24 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 40673 09/20/2024 Open Accounts Payable Cal-Line Equipment Inc $467.24 Invoice Date Description Amount 04022443 09/13/2024 Fleet- Air Cleaner $297.49 04022474 09/16/2024 Fleet- Cavity Sole, 12V Coil $169.75 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $467.24 40674 09/20/2024 Open Accounts Payable City of San Jose $82,682.61 Invoice Date Description Amount 1253208 08/20/2024 Animal Services - 07-09/2024 $82,682.61 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $82,682.61 40675 09/20/2024 Open Accounts Payable CLEARBLU ENVIRONMENTAL $558.63 Invoice Date Description Amount 32261 09/12/2024 Street- September 2024 Preventive Maint.$558.63 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $558.63 40676 09/20/2024 Open Accounts Payable Cotton, Shires & Associates, Inc.$3,077.15 Invoice Date Description Amount 824208 08/29/2024 Vista Heights Hillsaide Planning Design $537.50 Monday, September 23, 2024Pages: 13 of 22user: Vi Tran 72 CC 10-15-2024 72 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 824205 08/29/2024 22245 Regnart Road Geotech $2,539.65 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,077.15 40677 09/20/2024 Open Accounts Payable Cupertino Chamber of Commerce $2,050.00 Invoice Date Description Amount Chamb09122024 09/12/2024 Economic Retention & Outreach – August 2024 Services $2,050.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,050.00 40678 09/20/2024 Open Accounts Payable Cupertino Supply, Inc $161.32 Invoice Date Description Amount 362498 09/04/2024 Facilities- Sloan Screw Stop $93.40 362548 09/04/2024 Facilities- OPTIMA CLOSET REPAIR KIT $67.92 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $161.32 40679 09/20/2024 Open Accounts Payable EDGES ELECTRICAL GROUP $2,101.76 Invoice Date Description Amount S6249869.001 09/11/2024 Street- Oldcast Box, Oldcast Electric Lid $2,101.76 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,101.76 40680 09/20/2024 Open Accounts Payable Enterprise FM Trust $572.73 Invoice Date Description Amount FBN5133180 09/05/2024 Fleet- September 2024 Ford Escape Vin# 9773 $572.73 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $572.73 40681 09/20/2024 Open Accounts Payable Ewing Irrigation Products Inc.$1,201.20 Invoice Date Description Amount 23285023 08/30/2024 Grounds- Rainbird Rotor $1,201.20 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,201.20 40682 09/20/2024 Open Accounts Payable Exclaimer LLC $4,800.00 Invoice Date Description Amount 1800171 09/07/2024 Exclaimer Cloud - Signatures For 365 9/4/2024 to 9/3/2025 $4,800.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $4,800.00 40683 09/20/2024 Open Accounts Payable GARDENLAND POWER EQUIPMENT $341.40 Invoice Date Description Amount 1122216 09/05/2024 Trees/ROW- 16" Bar, Fleece Air Filter, Felt Air Filter $271.91 Monday, September 23, 2024Pages: 14 of 22user: Vi Tran 73 CC 10-15-2024 73 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 1122889 09/09/2024 Fleet- Lawn Mower Blade, Front & Rear Wheel Assembly $55.80 1123061 09/10/2024 Fleet- Cushion $13.69 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $271.91 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $69.49 40684 09/20/2024 Open Accounts Payable Ginger Chin-Hsiu Tsun $467.00 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $467.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $467.00 40685 09/20/2024 Open Accounts Payable Grace Duval $441.00 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $441.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $441.00 40686 09/20/2024 Open Accounts Payable GRAINGER INC $1,356.13 Invoice Date Description Amount 9237324687 09/04/2024 Facilities- Mounting Bracket $45.36 9237324679 09/04/2024 Facilities- Air Dryer, Bypass Port $1,310.77 9248840218 09/16/2024 Facilities- Diaphragm $79.24 9248840226 09/16/2024 Facilities- Credit for Inv#9248840218 ($79.24) Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,356.13 40687 09/20/2024 Open Accounts Payable Health and Human Resource Center, Inc. $271.56 Invoice Date Description Amount E0325002 08/02/2024 September 2024 EAP Benefit 186 Enrollees * 1.46 $271.56 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $271.56 40688 09/20/2024 Open Accounts Payable Health Care Employees $28,346.40 Invoice Date Description Amount 353741-353743 08/12/2024 September 2024 Dental Benefit 248 Enrollees $28,346.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $28,346.40 40689 09/20/2024 Open Accounts Payable IMPEC GROUP INC,.$2,011.98 Invoice Date Description Amount 2408305 08/31/2024 Facilities- Supplies for Park Restrooms $2,011.98 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,011.98 Monday, September 23, 2024Pages: 15 of 22user: Vi Tran 74 CC 10-15-2024 74 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40690 09/20/2024 Open Accounts Payable Independent Code Consultants, Inc.$45,755.88 Invoice Date Description Amount 2004 09/03/2024 Building Plan Review Services - 2024/08 $38,930.88 2007 09/03/2024 Building Permit Tech Services - 2024/08 $6,825.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45,755.88 40691 09/20/2024 Open Accounts Payable InservH2O Inc.$834.80 Invoice Date Description Amount 4244 09/09/2024 Facilities- Water Treatment September 2024 $834.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $834.80 40692 09/20/2024 Open Accounts Payable Jahara Pagadipaala $627.20 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $627.20 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $627.20 40693 09/20/2024 Open Accounts Payable Jarvis Fay LLP $9,632.00 Invoice Date Description Amount 19336 08/31/2024 Legal Services, August 2024 $1,102.00 19225 07/31/2024 Legal Services July 1-31, 2024 $6,942.00 19335 08/31/2024 Legal Services August 1-31, 2024 $1,588.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9,632.00 40694 09/20/2024 Open Accounts Payable Jasmin Lu $538.74 Invoice Date Description Amount JasminL06272024 06/27/2024 Travel reimbursement for CCEC Conf Palm Spring 06.24. – 06.27.24 $538.74 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $538.74 40695 09/20/2024 Open Accounts Payable Jason Wong $55.00 Invoice Date Description Amount JasonW09062024 09/06/2024 Cell Phone Reimbursement through 09062024 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 40696 09/20/2024 Open Accounts Payable JINDY GARFIAS $55.00 Invoice Date Description Amount JindyG09112024 09/11/2024 Cell Phone Reimbursement through 09112024 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 Monday, September 23, 2024Pages: 16 of 22user: Vi Tran 75 CC 10-15-2024 75 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40697 09/20/2024 Open Accounts Payable Joe A. Gonsalves & Son $5,000.00 Invoice Date Description Amount 161834 08/20/2024 State Legislative Advocacy Services – September 2024 $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 40698 09/20/2024 Open Accounts Payable Jose Torres $81.26 Invoice Date Description Amount JoseT071424 07/14/2024 Jose DR Reimbursement - July 12 -14, 2024 $81.26 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $81.26 40699 09/20/2024 Open Accounts Payable KEVIN RIEDEN $10.92 Invoice Date Description Amount KevinR09172024 09/17/2024 Home Depot Reimbursement for Paint $10.92 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10.92 40700 09/20/2024 Open Accounts Payable KIMBALL-MIDWEST $1,634.51 Invoice Date Description Amount 102572851 09/04/2024 Street- AMP Fuse, Posi-Seal Connectors $1,187.17 102587785 09/10/2024 Street- Super Prim Drill $48.91 102569797 09/04/2024 Fleet- K-Krimps, Utility Cleaner $323.49 102614344 09/17/2024 Street- Drill Bits $74.94 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,187.17 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $123.85 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $323.49 40701 09/20/2024 Open Accounts Payable KIMBERLY LUNT $239.07 Invoice Date Description Amount KimberlyL082524 08/25/2024 Reimbursement for GFOA Budget Analyst Training $199.50 KimL09122024 09/12/2024 Cell Ph Reimbursement 8.13.2024-9.12.2024 $39.57 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $239.07 40702 09/20/2024 Open Accounts Payable Knorr Systems International $1,190.46 Invoice Date Description Amount 247814 09/09/2024 Facilities- Pool Chemicals $1,190.46 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,190.46 Monday, September 23, 2024Pages: 17 of 22user: Vi Tran 76 CC 10-15-2024 76 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40703 09/20/2024 Open Accounts Payable Life Insurance Company of North America $7,999.96 Invoice Date Description Amount 15487_090124 09/18/2024 September 2024 New York Life $7,999.96 Paying Fund Cash Account Amount 641 - Compensated Absence/LTD 641 100-100 (Cash & Investments Assets Operating Cash) $7,999.96 40704 09/20/2024 Open Accounts Payable Mei’s Dance Academy $1,753.50 Invoice Date Description Amount 091324 09/13/2024 July-August 2024 Classes $1,753.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,753.50 40705 09/20/2024 Open Accounts Payable Nomad Transit LLC $232,679.83 Invoice Date Description Amount INV001-12173 08/31/2024 Via Cupertino Shuttle through August 2024 $232,679.83 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $232,679.83 40706 09/20/2024 Open Accounts Payable PayPal Inc.$136.50 Invoice Date Description Amount PPGW149452105 08/31/2024 cupertinoweb4 VSV0003096477 01-Aug-24 to 31-Aug- 24 $19.95 PPGW149651165 08/31/2024 VSV0001160385 cupertinoweb2 01-Aug-24 to 31-Aug- 24 $116.55 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $136.50 40707 09/20/2024 Open Accounts Payable PlaceWorks $146.63 Invoice Date Description Amount COCU-29.0-83868 07/31/2024 20638 Cleo Ave IS/MND 2024/07 $146.63 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $146.63 40708 09/20/2024 Open Accounts Payable PRN Intermediate Holdco, Inc.$600.00 Invoice Date Description Amount 091224A5QO 09/12/2024 Proactive Ergo Eval - C.Lopez, R.Kaufman, R.Viajar $600.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $600.00 40709 09/20/2024 Open Accounts Payable Quartic Solutions $2,307.50 Invoice Date Description Amount 4114 09/10/2024 FY25 Quartic for GIS Support August 2024 $2,307.50 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $2,307.50 Monday, September 23, 2024Pages: 18 of 22user: Vi Tran 77 CC 10-15-2024 77 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40710 09/20/2024 Open Accounts Payable R & R INDUSTRIES, INC.$1,470.59 Invoice Date Description Amount 675966 09/03/2024 Street- Lime & Orange Mesh Safety Vests $1,470.59 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $632.64 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $837.95 40711 09/20/2024 Open Accounts Payable Red Wing Business Advantage Account $400.00 Invoice Date Description Amount 20240910075899 09/10/2024 Safety Boots Danielle Carriedo $400.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $400.00 40712 09/20/2024 Open Accounts Payable Ross Recreation Equipment, Inc.$10,178.51 Invoice Date Description Amount I26101 09/06/2024 Grounds- Steel Game Tables for Creekside $10,178.51 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,178.51 40713 09/20/2024 Open Accounts Payable RRM DESIGN GROUP $6,227.75 Invoice Date Description Amount 1832-00-0724 08/19/2024 Architectural Review Services - 2024/07 $6,227.75 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $6,227.75 40714 09/20/2024 Open Accounts Payable Safety Compliance Management, Inc.$63.20 Invoice Date Description Amount HMS9204 08/12/2024 Online HAZWOPER Annual Refresher Training - Shawn Tognetti $63.20 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $63.20 40715 09/20/2024 Open Accounts Payable SCI Consulting Group $7,805.83 Invoice Date Description Amount SBS11316 08/29/2024 Levy administration FY24-25 $7,805.83 Paying Fund Cash Account Amount 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $7,805.83 40716 09/20/2024 Open Accounts Payable Service Station Systems, Inc. $730.00 Invoice Date Description Amount 2240536 08/31/2024 Street- Annual Fuel System Certification Inspection $730.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $730.00 Monday, September 23, 2024Pages: 19 of 22user: Vi Tran 78 CC 10-15-2024 78 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40717 09/20/2024 Open Accounts Payable Staples $313.44 Invoice Date Description Amount 6008996332 08/10/2024 Disinfectant Spray $120.55 7637854431 09/11/2024 REFUND for Inv #6008996332 ($120.55) 6008585927 08/03/2024 50 box masks blue $89.97 6008514735 08/02/2024 hand sanitizer, wipes, & facial tissue $223.47 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $313.44 40718 09/20/2024 Open Accounts Payable SUNNYVALE FORD, INC.$552.05 Invoice Date Description Amount 244217FOW 09/06/2024 Fleet- HV Hose $36.43 244371FOW 09/13/2024 Fleet- PR Step $515.62 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $552.05 40719 09/20/2024 Open Accounts Payable Superco Specialty Products $1,249.50 Invoice Date Description Amount PSI579363 09/13/2024 Grounds- Disinfectant, Webtastic, Aerosol, Asphalt $1,249.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,249.50 40720 09/20/2024 Open Accounts Payable THE HARTFORD $10,843.20 Invoice Date Description Amount 656346192738 09/18/2024 September 2024 Life and AD&D Benefit $10,843.20 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,843.20 40721 09/20/2024 Open Accounts Payable THE HARTFORD $332.39 Invoice Date Description Amount 756345107131 09/18/2024 September 2024 - Only pay current premium $332.39 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $332.39 40722 09/20/2024 Open Accounts Payable Thermal Mechanical, Inc.$1,734.00 Invoice Date Description Amount 90976 08/12/2024 Facilities- Quinlan Community Center Chiller #1 Repair $1,734.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,734.00 40723 09/20/2024 Open Accounts Payable TPx Communications $1,979.11 Invoice Date Description Amount 181324874-0 08/31/2024 FY25 VoIP Telephone Services August 2024 $1,979.11 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,979.11 Monday, September 23, 2024Pages: 20 of 22user: Vi Tran 79 CC 10-15-2024 79 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40724 09/20/2024 Open Accounts Payable Tripepi, Smith and Associates, Inc $10,303.75 Invoice Date Description Amount 13055 08/31/2024 New City of Cupertino Website Content Review - August 2024 $10,303.75 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,303.75 40725 09/20/2024 Open Accounts Payable Vision Service Plan $2,271.26 Invoice Date Description Amount 821112131 08/19/2024 September 2024 Vision Benefit 139 Enrollees * 16.34 $2,271.26 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,271.26 40726 09/20/2024 Open Accounts Payable Vision Service Plan $900.52 Invoice Date Description Amount 821112148 08/19/2024 September 2024 Vision Benefit 47 Enrollees * 19.16 $900.52 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $900.52 40727 09/20/2024 Open Accounts Payable Vision Service Plan $898.70 Invoice Date Description Amount 821124087 08/21/2024 September 2024 Vision Benefit 57 Enrollees Minus 2 Retros $898.70 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $898.70 40728 09/20/2024 Open Accounts Payable Zayo Group, LLC $3,244.58 Invoice Date Description Amount 2024090030583 09/01/2024 FY25 Disaster Recovery Telecom srvcs September 2024 $3,244.58 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $3,244.58 Type EFT Totals:72 Transactions $910,039.05 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 43 $1,830,678.72 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 43 $1,830,678.72 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 72 $910,039.05 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 72 $910,039.05 $0.00 Monday, September 23, 2024Pages: 21 of 22user: Vi Tran 80 CC 10-15-2024 80 of 328 Payment Register City of Cupertino From Payment Date: 9/14/2024 - To Payment Date: 9/20/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference All Status Count Transaction Amount Reconciled Amount Open 115 $2,740,717.77 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 115 $2,740,717.77 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 43 $1,830,678.72 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 43 $1,830,678.72 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 72 $910,039.05 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 72 $910,039.05 $0.00 All Status Count Transaction Amount Reconciled Amount Open 115 $2,740,717.77 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 115 $2,740,717.77 $0.00 Monday, September 23, 2024Pages: 22 of 22user: Vi Tran 81 CC 10-15-2024 81 of 328 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING SEPTEMBER 27, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 82 CC 10-15-2024 82 of 328 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 83 CC 10-15-2024 83 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 735374 09/27/2024 Open Accounts Payable Advantage Grafix $3,329.80 Invoice Date Description Amount 48887 09/13/2024 Budget book (12 copies)$3,329.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,329.80 735375 09/27/2024 Open Accounts Payable ASCAP $923.25 Invoice Date Description Amount 500602635-24 09/21/2024 Music License Annual Fee - ASCAP 24-25 $923.25 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $923.25 735376 09/27/2024 Open Accounts Payable AT&T $2,913.23 Invoice Date Description Amount 000022266030 09/10/2024 9391051384 8/10/24-9/9/24 $1,612.17 000022274676 09/12/2024 9391023221 (408-253-9200) 8/12/24-9/11/24 $64.54 000022274678 09/12/2024 9391023223 8/12/24-9/11/24 $89.71 000022274772 09/12/2024 9391023218 (238-371-7141) 8/12/24-9/11/24 $64.10 000022274773 09/12/2024 9391023217 (237-361-8095) 8/12/24-9/11/24 $81.36 000022274774 09/12/2024 9391023218 (238-371-7141) 8/12/24-9/11/24 $65.68 000022274775 09/12/2024 9391023215 (233-281-4421) 8/12/24-9/11/24 $83.37 000022275643-0 09/12/2024 9391066758 - 4087771305 | | 10185 N STELLING RD - Secure FAX $20.12 000022275643-1 09/12/2024 9391066758 - 4087771306 | | 10185 N STELLING RD - Sheriff $19.93 000022275643-2 09/12/2024 9391066758 - 4087771307 | | 10185 N STELLING RD - Sheriff $19.93 000022275643-3 09/12/2024 9391066758 - 4087771311 | | 22221 MC CLELLAN RD - Environmental $25.00 000022275643-4 09/12/2024 9391066758 - 4087771318 | | 10555 MARY AV - Traffic Operating Ce $35.93 000022275643-5 09/12/2024 9391066758 - 4087771331 | | 21975 SAN FERNANDO AV - BBF- Kiosk A $20.43 000022275643-6 09/12/2024 9391066758 - 4087771340 | | 10555 MARY AV - Alarm- Service Cente $20.06 000022275643-7 09/12/2024 9391066758 - 4087771344 | | 21251 STEVENS CREEK BL - SEN - FAX $19.93 000022275643-8 09/12/2024 9391066758 - 4087771345 - CH- PG&E Meter $20.08 000022275643-9 09/12/2024 9391066758 - 4087771346 | | 21111 STEVENS CREEK BL - SPORTS Cent $20.08 000022275643-10 09/12/2024 9391066758 - 4087771348 | | 10555 MARY AV - Alarm- Service Cente $21.66 000022275643-11 09/12/2024 9391066758 - 4087771355 | | 10555 MARY AV - Mechanic Shop FAX $19.93 000022275643-12 09/12/2024 9391066758 - 4087773102 | | 10185 N STELLING RD - Museum/Spare $19.93 000022275643-13 09/12/2024 9391066758 - 4087773103 | | 10185 N STELLING RD - Museum/Spare $19.93 Monday, September 30, 2024Pages: 1 of 18user: Vi Tran 84 CC 10-15-2024 84 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 000022275643-14 09/12/2024 9391066758 - 4087773109 - FAX $19.95 000022275643-15 09/12/2024 9391066758 - 4087773112 | | 21111 STEVENS CREEK BL - SPORTS- Fir $21.69 000022275643-16 09/12/2024 9391066758 - 4087773113 | | 21111 STEVENS CREEK BL - SPORTS- Fir $20.26 000022275643-17 09/12/2024 9391066758 - 4087773137 | | 10185 N STELLING RD - FAX QCC $19.93 000022275643-18 09/12/2024 9391066758 - 4087773143 | | 21975 SAN FERNANDO AV - BBF - Retrea $20.56 000022275643-19 09/12/2024 9391066758 - 4087773145 | | 21975 SAN FERNANDO AV - BBF-Alarm Go $20.08 000022275643-20 09/12/2024 9391066758 - 4087773156 | | 21251 STEVENS CREEK BL - SEN- FAX Wo $19.93 000022275643-21 09/12/2024 9391066758 - 4087773164 | | 21111 STEVENS CREEK BL - Sports Fax $20.08 000022275643-22 09/12/2024 9391066758 - 4087773168 | | 21111 STEVENS CREEK BL - Sports Cent $20.08 000022275643-23 09/12/2024 9391066758 - 4087773254 | | 21975 SAN FERNANDO AV - BBF - Golf S $25.00 000022275643-24 09/12/2024 9391066758 - 4087773258 | | 21975 SAN FERNANDO AV - BBF- Alarm C $19.93 000022275643-25 09/12/2024 9391066758 - 4087773287 - Comm Hall - Alarm $20.36 000022275643-26 09/12/2024 9391066758 - 4087773288 - Comm Hall - Fire Alarm $20.44 000022275643-27 09/12/2024 9391066758 - 4087773293 - Comm Hall - Fire Alarm $19.93 000022275643-28 09/12/2024 9391066758 - 4087773302 | | 21251 STEVENS CREEK BL - SEN- Credit $19.93 000022275643-29 09/12/2024 9391066758 - 4087773305 | | 21251 STEVENS CREEK BL - SEN- Credit $19.93 000022275643-30 09/12/2024 9391066758 - 4087773317 - CH- Finance CC VISA $20.08 000022275643-31 09/12/2024 9391066758 - 4087773333 - CH- FAX downstairs $20.08 000022275643-32 09/12/2024 9391066758 - 4087773365 | | 21251 STEVENS CREEK BL - RNA FAX $19.93 000022275643-33 09/12/2024 9391066758 - 4087773369 | | 21251 STEVENS CREEK BL - SEN- Alarm $21.28 000022275643-34 09/12/2024 9391066758 - 4087773370 | | 21251 STEVENS CREEK BL - SEN- Alarm $20.18 000022275643-35 09/12/2024 9391066758 - 4087773372 | | 21251 STEVENS CREEK BL - Trane Modem $19.93 000022275643-36 09/12/2024 9391066758 - 4087773387 | | 10555 MARY AV - FAX or Alarm $19.93 000022275643-37 09/12/2024 9391066758 - 4087773388 | | 10555 MARY AV - FAX or Alarm $19.93 000022275643-38 09/12/2024 9391066758 - 4087773399 | | 10555 MARY AV - FAX $20.08 000022275643-39 09/12/2024 9391066758 - 4087773416 | | 21251 STEVENS CREEK BL - SEN- Cr Car $19.93 000022275643-40 09/12/2024 9391066758 - 4087773419 | | 21251 STEVENS CREEK BL - SEN- Cr Car $19.93 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,600.02 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $64.54 Monday, September 30, 2024Pages: 2 of 18user: Vi Tran 85 CC 10-15-2024 85 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $163.71 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $65.03 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $19.93 735377 09/27/2024 Open Accounts Payable Boething Treeland Farms, Inc.$31.35 Invoice Date Description Amount SI-1402786 09/19/2024 Trees/ROW- Rhaphiolepis indica 'Pink Lady'$31.35 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $31.35 735378 09/27/2024 Open Accounts Payable California Water Services $38,504.00 Invoice Date Description Amount 3333-083024 08/30/2024 5926633333 7/20/24-8/16/24 $38,504.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $38,504.00 735379 09/27/2024 Open Accounts Payable California Water Services $5,914.29 Invoice Date Description Amount 3333-Adjustment 08/30/2024 5926633333 $5,914.29 bal from 6.25.24 due to bill adjustment $5,914.29 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,914.29 735380 09/27/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $52,054.50 Invoice Date Description Amount 1800090121 06/18/2024 Other Supplemental Law Enforcement Apple World 6- 10-24 $24,623.50 1800089182 03/15/2024 Annual Fee for Community Academy FY24 $10,000.00 1800089326 04/02/2024 Big Buny 5K - Sheriff Charges 2024 $1,192.00 1800091082 09/24/2024 Law Enforcement Services for Apple Fall Event 9-9-24 $16,239.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $52,054.50 735381 09/27/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $1,491,517.83 Invoice Date Description Amount 1800091003 09/17/2024 Advance for Law Enforcement Services August 2024 $1,491,517.83 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,491,517.83 735382 09/27/2024 Open Accounts Payable DCSE, INC $3,552.00 Invoice Date Description Amount 2025-74-01 09/24/2024 FY25 GIS BaseMap Data Update Services 7/1/2024 to 8/31/2024 $3,552.00 Paying Fund Cash Account Amount Monday, September 30, 2024Pages: 3 of 18user: Vi Tran 86 CC 10-15-2024 86 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $3,552.00 735383 09/27/2024 Open Accounts Payable DOWNTOWN FORD SALES $57,098.79 Invoice Date Description Amount 9234 09/04/2024 Fleet- 2023 Ford Truck $57,098.79 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $57,098.79 735384 09/27/2024 Open Accounts Payable Foster Brothers Security Systems $593.64 Invoice Date Description Amount 6968 09/23/2024 Facilities- Electrified Mortise $593.64 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $593.64 735385 09/27/2024 Open Accounts Payable HUICHEN LIN $780.00 Invoice Date Description Amount 092424 HL 09/24/2024 September payment $546.00 092424 HL QCC 09/24/2024 sub for QCC classes $234.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $546.00 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $234.00 735386 09/27/2024 Open Accounts Payable Lawson Products, Inc.$146.77 Invoice Date Description Amount 9311813897 09/03/2024 Fleet- Tuff-Seal, Heat Sealbutt Connectors $146.77 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $146.77 735387 09/27/2024 Open Accounts Payable Napa Auto Parts $114.89 Invoice Date Description Amount 732422 09/17/2024 Fleet- Hitch Pins, Pin $114.89 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $114.89 735388 09/27/2024 Open Accounts Payable Operating Engineers Local Union No. 3 $1,433.25 Invoice Date Description Amount 09202024 09/20/2024 Union Dues pp 9/7/24-9/20/24 $1,433.25 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,433.25 735389 09/27/2024 Open Accounts Payable PETERSON TRACTOR CO.$1,910.03 Invoice Date Description Amount SW080076032 09/20/2024 Fleet- Tractor Inspection $1,910.03 Paying Fund Cash Account Amount Monday, September 30, 2024Pages: 4 of 18user: Vi Tran 87 CC 10-15-2024 87 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $1,910.03 735390 09/27/2024 Open Accounts Payable PG&E $22.71 Invoice Date Description Amount 5875-091924 09/19/2024 2012160587-5 8/20/24-9/18/24 $22.71 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $22.71 735391 09/27/2024 Open Accounts Payable PG&E $224.04 Invoice Date Description Amount 7100-091324 09/13/2024 7166121710-0 8/7/24-9/5/24 $224.04 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $224.04 735392 09/27/2024 Open Accounts Payable PG&E $12.12 Invoice Date Description Amount 0322-091224 09/12/2024 5849279032-2 8/7/24-9/5/24 $12.12 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $12.12 735393 09/27/2024 Open Accounts Payable PG&E $27,835.98 Invoice Date Description Amount 1715-091924 09/19/2024 4993063171-5 8/15/24-9/13/24 $27,835.98 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $27,835.98 735394 09/27/2024 Open Accounts Payable RDO Equipment Co.$2,180.05 Invoice Date Description Amount P4068274 08/29/2024 Fleet- Hose Yard, Male Plug, Female Plug, Worm Clamp, Lance, Pin $2,180.05 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $2,180.05 735395 09/27/2024 Open Accounts Payable T-MOBILE $104.46 Invoice Date Description Amount 4158-092124 09/21/2024 966594158-092124 $104.46 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $104.46 735396 09/27/2024 Open Accounts Payable VERIZON WIRELESS $5,861.96 Invoice Date Description Amount 9973064536-0 09/04/2024 408-202-5384 / Travis Warner $38.01 9973064536-1 09/04/2024 408-204-5990 / Diego Rodriguez $47.04 9973064536-2 09/04/2024 408-205-3349 / Rafael (Senior Center)$28.03 9973064536-3 09/04/2024 408-205-4849 / Brandon Martinez $38.01 9973064536-4 09/04/2024 408-205-5866 / Ricardo Acevedo $38.01 9973064536-5 09/04/2024 408-205-6589 / Street Lights $38.01 9973064536-6 09/04/2024 408-206-0538 / Quinton Adams $47.04 Monday, September 30, 2024Pages: 5 of 18user: Vi Tran 88 CC 10-15-2024 88 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9973064536-7 09/04/2024 408-206-7512 / Fleet/Mechanic Shop $38.01 9973064536-8 09/04/2024 408-234-1270 / Adrian Sanchez $38.01 9973064536-9 09/04/2024 408-234-4724 / Building Attendants Quinlan $47.04 9973064536-10 09/04/2024 408-309-0340 / Piu Ghosh $47.04 9973064536-11 09/04/2024 408-309-2536 / Ursula Syrova $47.04 9973064536-12 09/04/2024 408-309-2693 / Paul Tognetti $38.01 9973064536-13 09/04/2024 408-309-7042 / Kristina Alfaro $47.04 9973064536-14 09/04/2024 408-309-7640 / Bob Sabich $7.58 9973064536-15 09/04/2024 408-309-8401 / Paul Sapudar $38.01 9973064536-16 09/04/2024 408-309-9252 / Antonio Torrez $47.04 9973064536-17 09/04/2024 408-313-0045 / Roberto Montez $38.01 9973064536-18 09/04/2024 408-313-1148 / Toan Quach $47.59 9973064536-19 09/04/2024 408-313-3558 / Jared Lopez $38.01 9973064536-20 09/04/2024 408-313-4364 / Street Tree Maintenance #4 $38.01 9973064536-21 09/04/2024 408-313-5321 / Aaron Saiz $38.01 9973064536-22 09/04/2024 408-313-6943 / Victor Espinoza $38.01 9973064536-23 09/04/2024 408-314-4452 / Shawn Tognetti $47.04 9973064536-24 09/04/2024 408-314-6637 / Phuong Devries $47.04 9973064536-25 09/04/2024 408-314-9200 / Victoria Morin $38.01 9973064536-26 09/04/2024 408-315-3044 / Jonathan Ferrante $47.04 9973064536-27 09/04/2024 408-315-6764 / Rachelle Sander Mifi $38.01 9973064536-28 09/04/2024 408-315-8165 / Brian Gathers $38.01 9973064536-29 09/04/2024 408-318-0344 / Michael Woo $47.04 9973064536-30 09/04/2024 408-318-2012 / Aldo Corral $38.01 9973064536-31 09/04/2024 408-318-3663 / Pamela Wu $47.04 9973064536-32 09/04/2024 408-318-8726 / Diego Rodriguez $38.01 9973064536-33 09/04/2024 408-334-4885 / Michael Kimball $38.01 9973064536-34 09/04/2024 408-334-9082 / Sean Hatch $47.04 9973064536-35 09/04/2024 408-340-8564 / Blackberry Golf $38.01 9973064536-36 09/04/2024 408-340-8648 / Chad Mosley $38.01 9973064536-37 09/04/2024 408-345-1639 / Sonya Lee $47.04 9973064536-38 09/04/2024 408-440-7136 / Andy Badal $38.01 9973064536-39 09/04/2024 408-460-1821 / Ty Bloomquist $67.68 9973064536-40 09/04/2024 408-466-4450 / Frank Villa $38.01 9973064536-41 09/04/2024 408-472-1568 / David Stillman $47.04 9973064536-42 09/04/2024 408-472-7011 / Ty Bloomquist $38.01 9973064536-43 09/04/2024 408-472-7857 / Paul O'sullivan $38.01 9973064536-44 09/04/2024 408-472-9907 / Manuel Barragan $52.83 9973064536-45 09/04/2024 408-478-1999 / James Lee $47.04 9973064536-46 09/04/2024 408-483-5672 / M. Jonathan Ferrante $38.01 9973064536-47 09/04/2024 408-483-7859 / Shawn Tognetti $38.01 9973064536-48 09/04/2024 408-483-9976 / On-Call Service Center $41.01 9973064536-49 09/04/2024 408-489-4395 / Beth Viajar $47.04 9973064536-50 09/04/2024 408-489-9309 / Jonathan Ferrante $38.01 9973064536-51 09/04/2024 408-489-9310 / Kevin Riedan $38.01 9973064536-52 09/04/2024 408-493-3534 / Michael Garcia $38.01 9973064536-53 09/04/2024 408-493-3543 / Frank Villa $47.04 9973064536-54 09/04/2024 408-495-9234 / Thomas Chin $47.04 9973064536-56 09/04/2024 408-497-3691 / Sean Filbeck $38.01 9973064536-57 09/04/2024 408-497-4686 / Nicole Rodriguez $38.01 Monday, September 30, 2024Pages: 6 of 18user: Vi Tran 89 CC 10-15-2024 89 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9973064536-58 09/04/2024 408-510-0622 / Susan Michael $47.04 9973064536-59 09/04/2024 408-515-2301 / Vanessa Guerra $47.04 9973064536-60 09/04/2024 408-515-9208 / Debra Nascimento $47.04 9973064536-61 09/04/2024 408-515-9374 / Jimmy Tan $47.04 9973064536-62 09/04/2024 408-529-3149 / Luke Connolly $47.04 9973064536-63 09/04/2024 408-540-8405 / Rodney Weathers $47.04 9973064536-64 09/04/2024 408-568-3911 / Junnie Hemann $38.01 9973064536-65 09/04/2024 408-599-8584 / Janet Liang $47.04 9973064536-66 09/04/2024 408-605-2546 / Jerry Anderson $38.01 9973064536-67 09/04/2024 408-605-3078 / Quinton Mifi 1 $38.01 9973064536-68 09/04/2024 408-605-3905 / Andrew Schmitt Mifi 2 $38.01 9973064536-69 09/04/2024 408-609-2453 / Amanda Hui $47.04 9973064536-70 09/04/2024 408-609-2948 / Brian Policriti $38.01 9973064536-71 09/04/2024 408-609-4188 / Alfredo Alegria $38.01 9973064536-72 09/04/2024 408-609-4367 / Brandon Morales $38.01 9973064536-73 09/04/2024 408-609-8711 / Ralph Aquinaga $38.01 9973064536-74 09/04/2024 408-609-8826 / Domingo Santos $38.01 9973064536-75 09/04/2024 408-610-0601 / Paul Tognetti $47.04 9973064536-76 09/04/2024 408-614-4001 / Nathan Vasquez $47.04 9973064536-77 09/04/2024 408-628-8745 / Fernando Jimenez $38.01 9973064536-78 09/04/2024 408-630-0674 / Christopher Jensen $47.04 9973064536-79 09/04/2024 408-630-0900 / Adrian Melendez $38.01 9973064536-80 09/04/2024 408-630-1388 / Monica Diaz $47.04 9973064536-81 09/04/2024 408-642-0800 / Danielle Carriendo $47.04 9973064536-82 09/04/2024 408-642-4504 / Kevin Green $38.01 9973064536-83 09/04/2024 408-655-8680 / Jeff Trybus $47.04 9973064536-84 09/04/2024 408-655-8685 / Alex Wykoff $47.04 9973064536-85 09/04/2024 408-687-5821 / Jonathan Williams $38.01 9973064536-86 09/04/2024 408-687-9445 / Frankie De Leon $38.01 9973064536-87 09/04/2024 408-687-9854 / John Ramos $38.01 9973064536-88 09/04/2024 408-688-1613 / Peter Arnst $38.01 9973064536-89 09/04/2024 408-688-6252 / Benjamin Fu $47.04 9973064536-90 09/04/2024 408-691-7769 / Lori Baumgartner $47.04 9973064536-91 09/04/2024 408-693-0364 / Josh Illnicki $38.01 9973064536-92 09/04/2024 408-693-8086 / Kyle Garcia $38.01 9973064536-93 09/04/2024 408-693-8865 / Justice Patterson $38.01 9973064536-94 09/04/2024 408-693-9654 / Saul Herrara $38.01 9973064536-95 09/04/2024 408-694-8703 / Domingo Santos $47.04 9973064536-96 09/04/2024 408-707-0987 / Richard Banda $38.01 9973064536-97 09/04/2024 408-728-0905 / Michael Miranda $47.04 9973064536-98 09/04/2024 408-748-6390 / Tree Crew Ipad 3 $38.01 9973064536-99 09/04/2024 408-750-0302 / Samantha Locurto $47.04 9973064536-100 09/04/2024 408-764-7081 / Jose Torres $47.04 9973064536-101 09/04/2024 408-781-0663 / Bill Bridge $38.01 9973064536-102 09/04/2024 408-781-0799 / Brad Alexander $38.01 9973064536-103 09/04/2024 408-781-1340 / John Stiehr $38.01 9973064536-104 09/04/2024 408-781-4139 / Jose Ramirez $38.01 9973064536-105 09/04/2024 408-786-8664 / Jessica Javier $47.04 9973064536-106 09/04/2024 408-790-6356 / Jonathan Orozco $47.04 9973064536-107 09/04/2024 408-790-7036 / Pete Coglianese $47.04 Monday, September 30, 2024Pages: 7 of 18user: Vi Tran 90 CC 10-15-2024 90 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9973064536-108 09/04/2024 408-790-7039 / Torin Scott $47.04 9973064536-109 09/04/2024 408-790-7045 / Rei Delgado $47.04 9973064536-110 09/04/2024 408-790-7534 / Robert Griffiths $47.04 9973064536-111 09/04/2024 408-841-6612 / T. Internet Emergncyvan $38.01 9973064536-112 09/04/2024 408-857-2355 / Amanda Hui Travel Phone $47.04 9973064536-113 09/04/2024 408-891-2787 / Ricardo Alvarez $38.01 9973064536-114 09/04/2024 408-891-4594 / Larry Lopez $38.01 9973064536-115 09/04/2024 408-891-9008 / Park Ranger Corridor $166.83 9973064536-116 09/04/2024 408-891-9503 / Rachelle Sander $47.04 9973064536-117 09/04/2024 408-892-1486 / Dan Vasquez $47.04 9973064536-118 09/04/2024 408-908-0519 / Karan Malhi $47.04 9973064536-119 09/04/2024 408-964-8211 / Michael Chandler $47.04 9973064536-120 09/04/2024 415-425-6339 / Kirsten Squarcia $47.04 9973064536-121 09/04/2024 650-208-1055 / Daniel Barone $38.01 9973064536-122 09/04/2024 650-208-1786 / Liang Chao $47.04 9973064536-123 09/04/2024 650-208-5861 / Kitty Moore $47.04 9973064536-124 09/04/2024 650-208-7398 / Hung Wei $47.04 9973064536-125 09/04/2024 650-279-3196 / Tommy Yu $47.04 9973064536-126 09/04/2024 650-339-0460 / Nathan Vasquez $38.01 9973064536-127 09/04/2024 650-339-0524 / Michael Chandler $38.01 9973064536-128 09/04/2024 650-339-0694 / Robert Griffiths $38.01 9973064536-129 09/04/2024 650-339-0786 / Michael Miranda $38.01 9973064536-130 09/04/2024 650-480-0930 / Alex Greer $47.04 9973064536-131 09/04/2024 650-586-1698 / Rodney Weathers $38.01 9973064536-132 09/04/2024 650-613-3203 / James Lee $38.01 9973064536-133 09/04/2024 669-251-1804 / Daniel Degu $43.33 9973064536-134 09/04/2024 669-252-3454 / Tina Kapoor $47.04 9973064536-135 09/04/2024 669-255-6066 / Jr Fruen $47.04 9973064536-136 09/04/2024 669-255-6437 / Sheila Mohan $47.04 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,645.66 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $90.84 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $342.09 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $179.13 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $38.01 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $105.69 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $384.52 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $76.02 735397 09/27/2024 Open Accounts Payable Chao, Yu-Lin $150.00 Invoice Date Description Amount 2009614.030 09/10/2024 McClellan Ranch Garden Plot Deposit Refund. $150.00 Paying Fund Cash Account Amount Monday, September 30, 2024Pages: 8 of 18user: Vi Tran 91 CC 10-15-2024 91 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $150.00 735398 09/27/2024 Open Accounts Payable CUI, YEXUAN $30.00 Invoice Date Description Amount 2005113.012 09/11/2024 SPORTS CENTER (09/11/2024) ACCT. CREDIT REFUND $30.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $30.00 735399 09/27/2024 Open Accounts Payable D'AMATO, DOROTA $336.00 Invoice Date Description Amount 2005114.012 09/12/2024 SPORTS CENTER (09/12/2024) ACCT. CREDIT REFUND $336.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $336.00 735400 09/27/2024 Open Accounts Payable DARLA, NARENDRA $35.00 Invoice Date Description Amount 2005115.012 09/12/2024 SPORTS CENTER (09/12/2024) ACCT. CREDIT REFUND $35.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $35.00 735401 09/27/2024 Open Accounts Payable DOU, WENDY $56.00 Invoice Date Description Amount 2005117.012 09/16/2024 SPORTS CENTER (09/16/2024) ACCT. CREDIT REFUND $56.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $56.00 735402 09/27/2024 Open Accounts Payable DUDHA, CHAITHANYA $45.00 Invoice Date Description Amount 2005118.012 09/16/2024 SPORTS CENTER (09/16/2024) ACCT. CREDIT REFUND $45.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $45.00 735403 09/27/2024 Open Accounts Payable DULDULAO, RONA $25.00 Invoice Date Description Amount 2005119.012 09/16/2024 SPORTS CENTER (09/16/2024) ACCT. CREDIT REFUND $25.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $25.00 735404 09/27/2024 Open Accounts Payable ERRAGUNTALA, SANTHI $262.50 Invoice Date Description Amount 2005120.012 09/16/2024 SPORTS CENTER (09/16/2024) ACCT. CREDIT REFUND $262.50 Monday, September 30, 2024Pages: 9 of 18user: Vi Tran 92 CC 10-15-2024 92 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $262.50 735405 09/27/2024 Open Accounts Payable QINGWEN, DENG $135.00 Invoice Date Description Amount 2005116.012 09/16/2024 SPORTS CENTER (09/16/2024) ACCT. CREDIT REFUND $135.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $135.00 Type Check Totals:32 Transactions $1,698,133.44 EFT 40730 09/27/2024 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount 09202024 09/20/2024 Colonial Products pp 9/7/24-9/20/24 $29.16 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $29.16 40731 09/27/2024 Open Accounts Payable Employment Development $10,159.00 Invoice Date Description Amount 09202024 09/20/2024 State Disability Insurance pp 9/7/24-9/20/24 $10,159.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,159.00 40732 09/27/2024 Open Accounts Payable National Deferred (ROTH)$2,755.48 Invoice Date Description Amount 09202024 09/20/2024 Nationwide Roth pp 9/7/24-9/20/24 $2,755.48 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,755.48 40733 09/27/2024 Open Accounts Payable National Deferred Compensation $24,939.36 Invoice Date Description Amount 09202024 09/20/2024 Nationwide Deferred Compensation pp 9/7/24-9/20/24 $24,939.36 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $24,939.36 40734 09/27/2024 Open Accounts Payable PERS-457K $13,471.76 Invoice Date Description Amount 09202024 09/20/2024 PERS 457K pp 9/7/24-9/20/24 $13,471.76 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $13,471.76 40735 09/27/2024 Open Accounts Payable State Disbursement Unit $603.49 Invoice Date Description Amount 09202024 09/20/2024 Child Support pp 9/7/24-9/20/24 $603.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $603.49 Monday, September 30, 2024Pages: 10 of 18user: Vi Tran 93 CC 10-15-2024 93 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40736 09/24/2024 Open Accounts Payable USPS - EFT ONLY $4,769.42 Invoice Date Description Amount 630292484 09/20/2024 CUPERTINO SCENE INC AR $4,769.42 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,769.42 40737 09/27/2024 Open Accounts Payable 4LEAF, Inc.$24,501.02 Invoice Date Description Amount J3872-05I2A 07/31/2024 Regnart Road Improvements through July 1-31, 2024 $24,501.02 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $24,501.02 40738 09/27/2024 Open Accounts Payable ABAG POWER- ASSOCIATION OF BAY AREA GOVERNMENTS $6,669.78 Invoice Date Description Amount AR036352 09/01/2024 FY 25 AMD Level Charge-Nat Gas $6,669.78 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $6,003.85 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $665.93 40739 09/27/2024 Open Accounts Payable ABOLI JAYDEEP RANADE $156.00 Invoice Date Description Amount 092424 AJR 09/24/2024 September payment $156.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $156.00 40740 09/27/2024 Open Accounts Payable Active Network, LLC $5,000.00 Invoice Date Description Amount 4100182694 07/03/2024 ACTIVENet - Hub - 6/27/24 - 6/26/25 $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 40741 09/27/2024 Open Accounts Payable Advanced Software Products Group, Inc. $973.85 Invoice Date Description Amount 11787 09/06/2024 ReACT Annual Maintenance Fee 9/30/24 -9/29/25 $973.85 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $973.85 40742 09/27/2024 Open Accounts Payable Advanced Systems Group LLC $2,200.00 Invoice Date Description Amount 19110 09/25/2024 Crestron processer evaluation at QCC $2,200.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,200.00 Monday, September 30, 2024Pages: 11 of 18user: Vi Tran 94 CC 10-15-2024 94 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40743 09/27/2024 Open Accounts Payable Aldo Corral $55.00 Invoice Date Description Amount AldoC082524 08/25/2024 Cell Phone Reimbursement - Aldo C 07.26.24 to 08.25.24 $55.00 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $55.00 40744 09/27/2024 Open Accounts Payable All City Management Services, Inc. $18,242.62 Invoice Date Description Amount 95518 09/18/2024 School Crossing Guard Service through 09012024- 09142024 $18,242.62 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $18,242.62 40745 09/27/2024 Open Accounts Payable American Assured Security, Inc.$1,309.00 Invoice Date Description Amount 49936 09/04/2024 QCC Rental Security Services - August 2024 $1,309.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,309.00 40746 09/27/2024 Open Accounts Payable Amit Goel $117.00 Invoice Date Description Amount 092424 AG 09/24/2024 September payment $117.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $117.00 40747 09/27/2024 Open Accounts Payable Cal-Line Equipment Inc $324.85 Invoice Date Description Amount 04022513 09/18/2024 Fleet- Intake Hydraulic Filters, Parker filter $324.85 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $324.85 40748 09/27/2024 Open Accounts Payable Cheiron, Inc.,$9,800.00 Invoice Date Description Amount 51055 09/23/2024 GASB 74/75 report as of June 30, 2024 (roll forward)$9,800.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9,800.00 40749 09/27/2024 Open Accounts Payable COLLEEN FERRIS $55.00 Invoice Date Description Amount ColleenF091624 09/16/2024 cell phone service Aug 17 - Sept 16 $55.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $55.00 40750 09/27/2024 Open Accounts Payable CoreLogic Solutions, LLC.$21.94 Invoice Date Description Amount 30730726 07/31/2024 FY25 Property Detail Rpt Realquest2 July 2024 $21.94 Paying Fund Cash Account Amount Monday, September 30, 2024Pages: 12 of 18user: Vi Tran 95 CC 10-15-2024 95 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $21.94 40751 09/27/2024 Open Accounts Payable Dominique Couto Cerdeiral $320.00 Invoice Date Description Amount 092524 DCC 09/25/2024 September payment $320.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $320.00 40752 09/27/2024 Open Accounts Payable Eflex Group, Inc $4,605.89 Invoice Date Description Amount 09202024 09/20/2024 FSA pp 9/7/24-9/20/24 $4,605.89 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,605.89 40753 09/27/2024 Open Accounts Payable FolgerGraphics $6,621.45 Invoice Date Description Amount 141161 09/24/2024 The Scene Printing - September to November 2024 Edition $6,621.45 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $6,621.45 40754 09/27/2024 Open Accounts Payable GARDENLAND POWER EQUIPMENT $153.63 Invoice Date Description Amount 1124870 09/16/2024 Fleet- Handlegrip $153.63 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $153.63 40755 09/27/2024 Open Accounts Payable Grace Duval $1,232.00 Invoice Date Description Amount 092424 GD 09/24/2024 September PT $1,232.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $1,232.00 40756 09/27/2024 Open Accounts Payable Hinderliter de Llamas & Associates $8,366.80 Invoice Date Description Amount SIN038555 05/22/2024 Contract & Audit Services APR-JUN24 $4,798.14 SIN041824 08/11/2024 Contract & Audit Services JULY-SEP24 $3,568.66 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $8,366.80 40757 09/27/2024 Open Accounts Payable IFPTE LOCAL 21 $2,133.80 Invoice Date Description Amount 09202024 09/20/2024 Association Dues - CEA pp 9/7/24-9/20/24 $2,133.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,133.80 Monday, September 30, 2024Pages: 13 of 18user: Vi Tran 96 CC 10-15-2024 96 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40758 09/27/2024 Open Accounts Payable IMPEC GROUP INC,.$300.00 Invoice Date Description Amount 2409207 09/15/2024 Facilities- Supplies for Park Restrooms $300.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $300.00 40759 09/27/2024 Open Accounts Payable Independent Code Consultants, Inc.$14,065.00 Invoice Date Description Amount 2006 09/03/2024 Vallco Town Center Public Works Plan Review $14,065.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $14,065.00 40760 09/27/2024 Open Accounts Payable Jahara Pagadipaala $200.00 Invoice Date Description Amount 092424 JP 09/24/2024 September payment $200.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $200.00 40761 09/27/2024 Open Accounts Payable JAM Services, Inc $4,976.10 Invoice Date Description Amount 183260 09/12/2024 Transportation: Polara Bulldog III through 08282024 $4,976.10 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,976.10 40762 09/27/2024 Open Accounts Payable JAMES COLVIN $3,328.00 Invoice Date Description Amount 092424 JC 09/24/2024 September PT $3,328.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $3,328.00 40763 09/27/2024 Open Accounts Payable JENNIFER HILL $410.00 Invoice Date Description Amount 092424 JH QCC 09/24/2024 sub for QCC classes $41.00 092425 JH 09/24/2024 September payment $369.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $369.00 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $41.00 40764 09/27/2024 Open Accounts Payable Li-Fen Lin $80.00 Invoice Date Description Amount 092424 LFL 09/24/2024 September payment $80.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $80.00 40765 09/27/2024 Open Accounts Payable MissionSquare $12,430.60 Invoice Date Description Amount 09202024 09/20/2024 ICMA pp 9/7/24-9/20/24 $12,430.60 Monday, September 30, 2024Pages: 14 of 18user: Vi Tran 97 CC 10-15-2024 97 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $12,430.60 40766 09/27/2024 Open Accounts Payable MONICA G. RANES-GOLDBERG $630.00 Invoice Date Description Amount 092424 MGRG 09/24/2024 September payment $588.00 092424 MGRG QCC 09/24/2024 September Sub QCC $42.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $588.00 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $42.00 40767 09/27/2024 Open Accounts Payable Moss Adams LLP $1,950.00 Invoice Date Description Amount 102645467 09/19/2024 Special revenue fund process review services AUG24 $1,950.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,950.00 40768 09/27/2024 Open Accounts Payable ODP Business Solutions, LLC.$122.39 Invoice Date Description Amount 379985734001 08/07/2024 ODP Swiss Miss & Printer Copy Paper $122.39 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $122.39 40769 09/27/2024 Open Accounts Payable OMEGA INDUSTRIAL SUPPLY, INC.$929.28 Invoice Date Description Amount 158684 08/22/2024 Street- Asphalt Patch, 5 Gallon Pail, Muscleman, Wipes $929.28 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $929.28 40770 09/27/2024 Open Accounts Payable PARS/City of Cupertino $4,115.37 Invoice Date Description Amount 09202024 09/20/2024 PARS pp 9/7/24-9/20/24 $4,115.37 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,115.37 40771 09/27/2024 Open Accounts Payable Raftelis $922.50 Invoice Date Description Amount 35566 09/13/2024 Professional Consulting Services, August 2024 $922.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $922.50 40772 09/27/2024 Open Accounts Payable Raychel Renee Balcioni Cruz $5,220.00 Invoice Date Description Amount 092424 RRBC 09/24/2024 September classes and PT $5,220.00 Paying Fund Cash Account Amount Monday, September 30, 2024Pages: 15 of 18user: Vi Tran 98 CC 10-15-2024 98 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $5,220.00 40773 09/27/2024 Open Accounts Payable Sherrill Inc dba Vertical Supply Group $199.69 Invoice Date Description Amount INV-1011257 09/17/2024 Trees/ROW- Tree Rope Wrench, Tether $199.69 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $199.69 40774 09/27/2024 Open Accounts Payable SONIA DOGRA $273.00 Invoice Date Description Amount 092424 SD 09/24/2024 September payment $273.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $273.00 40775 09/27/2024 Open Accounts Payable Stradling Yocca Carlson & Rauth LLP $637.50 Invoice Date Description Amount 410934 09/20/2024 professional services rendered through August 31, 2024 $637.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $637.50 40776 09/27/2024 Open Accounts Payable Suyesh Shrestha $53.88 Invoice Date Description Amount SuyeshS09062024 09/06/2024 Cell Phone Reimbursement through 09062024 $53.88 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $53.88 40777 09/27/2024 Open Accounts Payable The Pun Group, LLP $20,000.00 Invoice Date Description Amount 114838 08/31/2024 Audit of the City for the year ended June 30, 2024 Billing #2 $20,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $20,000.00 40778 09/27/2024 Open Accounts Payable Thermal Mechanical, Inc.$31,471.47 Invoice Date Description Amount 91190 09/09/2024 Facilities- Boxcar Unit Repair @ Library $15,654.42 90977 08/12/2024 Facilities- Tran Chiller #2 Repair at Quinlan $15,817.05 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $31,471.47 40779 09/27/2024 Open Accounts Payable Tripepi, Smith and Associates, Inc $337.50 Invoice Date Description Amount 13062 08/31/2024 Newsletter Production - August 2024 Services $337.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $337.50 Monday, September 30, 2024Pages: 16 of 18user: Vi Tran 99 CC 10-15-2024 99 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 40780 09/27/2024 Open Accounts Payable United Site Services $492.78 Invoice Date Description Amount INV-4808702 09/23/2024 Trees/ROW- SWP 9/23/24 - 10/20/24 $492.78 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $492.78 40781 09/27/2024 Open Accounts Payable Zoom Video Communications, Inc.$286.72 Invoice Date Description Amount INV273977578 09/22/2024 Zoom Webinar 1000 Monthly Sep 22, 2024- Oct 21, 2024 $286.72 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $286.72 Type EFT Totals:52 Transactions $253,019.08 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 32 $1,698,133.44 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 32 $1,698,133.44 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 52 $253,019.08 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 52 $253,019.08 $0.00 All Status Count Transaction Amount Reconciled Amount Open 84 $1,951,152.52 $0.00 Monday, September 30, 2024Pages: 17 of 18user: Vi Tran 100 CC 10-15-2024 100 of 328 Payment Register City of Cupertino From Payment Date: 9/21/2024 - To Payment Date: 9/27/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 84 $1,951,152.52 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 32 $1,698,133.44 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 32 $1,698,133.44 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 52 $253,019.08 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 52 $253,019.08 $0.00 All Status Count Transaction Amount Reconciled Amount Open 84 $1,951,152.52 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 84 $1,951,152.52 $0.00 Monday, September 30, 2024Pages: 18 of 18user: Vi Tran 101 CC 10-15-2024 101 of 328 CITY OF CUPERTINO Agenda Item 24-13353 Agenda Date: 10/15/2024 Agenda #: 5. Subject: Adoption of amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Conduct the second reading and enact Ordinance No. 24-2266: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES)” CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™102 CC 10-15-2024 102 of 328 CITY COUNCIL STAFF REPORT Meeting: October 15, 2024 Subject Adoption of amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action Conduct the second reading and enact Ordinance No. 24-2266: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES)” Discussion During a regular City Council Meeting held on October 1, 2024, City Council conducted the first reading for Ordinance No. 24-2266. Staff presented details about the City’s General Plan direction to promote the community’s quality of life, by periodically reviewing and updating the land use and zoning requirements for retail, commercial and office development. As part of the motion, City Council made the following revisions to Ordinance No. 24-2266:  Omit the deletion of the expression, “excluding convenience markets” from Table 19.60.030(1a). If Council approves these changes today, the proposed ordinance will take effect after thirty (30) days on November 14, 2024. Prepared by: Gian Paolo Martire, Senior Planner Officer Reviewed by: Ben Fu, Community Development Director Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Ordinance No. 24-2266 103 CC 10-15-2024 103 of 328 ORDINANCE NO. 24-2266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES) The City Council of the City of Cupertino finds that: 1. In order to maintain and enhance the community’s quality of life, the City will periodically review and update land use and zoning requirements for retail, commercial and office development in order to attract high -quality sales-tax producing businesses and services, while adapting to the fast-changing retail, commercial and office environment, and ensure that existing businesses are encouraged to reinvest and grow in Cupertino. 2. The City Council of the City of Cupertino held a duly noticed public hearing on October 1, 2024, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption. The Cupertino Municipal Code is further amended as set forth in Attachment A. SECTION 2: Severability and Continuity. The City Council 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 Council declares that it would have adopted the remaining provisions of this 104 CC 10-15-2024 104 of 328 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: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 4: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on October 1, 2024 and ENACTED at a regular meeting of the Cupertino City Council on October 15, 2024 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN SIGNED: Sheila Mohan, Mayor City of Cupertino Date 105 CC 10-15-2024 105 of 328 ATTEST: Kirsten Squarcia, City Clerk Date APPROVED AS TO FORM: Christopher D. Jensen, City Attorney Date 106 CC 10-15-2024 106 of 328 Ordinance No. 24-2266 Page ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES) The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows: 1. Amendments to Title 19 concerning General Commercial Land Use 19.04.100 Exclusionary zoning. When a use is not specifically listed as a permitted or conditional use, it shall be assumed that such use is prohibited, unless it is determined by the Director of Community Development that the use is similar to, and not more intensive than, the uses listed. Requests for determinations for specific uses shall be submitted to the Director of Community Development in writing, with a detailed description of the proposed use, its proposed location, and intended hours of operation. Additional information may be required by the Director of Community Development in order to prepare the determination for individual uses. Any decision by the Director of Community Development regarding a requested determination shall be in writing and shall be final. 19.08.030 Definitions. “Bar Facility” means part of an establishment used primarily for the sale of alcoholic beverages to be consumed on the premises, provided that the restaurant and bar/lounge area operate as a single entity. The physical layout, entry location(s), spatial connection between the areas, and operational characteristics, among other factors, shall be used to determine compliance. Any bar/lounge area cannot remain open when the dining area is closed. However, the dining area may be open while the bar/lounge area is closed. This is in contrast to a "Drinking establishment” which is a business that is primarily devoted to the selling of alcoholic beverages for consumption on the premises. “Farmers’ market” means a market certified by the state or county agricultural commission under Title 3, Chapter 3, Article 6.5 of the California Administrative Code which allows direct retail sale by farms to the public of such items as fruits, vegetables, nuts, eggs, honey, nursery stock, cut flowers, live animals and inspected meats and seafood. 107 CC 10-15-2024 107 of 328 Ordinance No. 24-2266 Page “Food Store” may include, but not be limited to, the following retail establishments: 1. “Grocery store”. A Retail Sales and Services Use that: a. Offers a variety of unrelated, non-complementary food and non- food commodities, such as beverages, dairy, dry goods, fresh produce and other perishable items, frozen foods, household products, and paper goods; and b. May prepare food on site for immediate consumption. 2. "Convenience market" means a use or activity that includes the retail sale of food, beverages, and small personal convenience items, including sale of food in disposable containers primarily for off-premises consumption, excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh-cut meats. 3. "Specialty food stores" means a retail establishment under 3,000 square feet that specializes in selling a specific type of food product with a limited scope of inventory. This food product may be prepared and sold on-site or purchased wholesale, and consumption of the goods occurs primarily off premises. Examples include butcher shops, delicatessens, bakeries, fish mongers, coffee shops, donut shops, ice cream stores, and produce markets. Specialty Food Stores are not considered fast food restaurants. Food Stores may provide beer, wine, and/or liquor sales for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off- sale beer and wine) or type 21 (off-sale general) that occupy less than 15% of the Occupied Floor Area of the establishment (including all areas devoted to the display and sale of alcoholic beverages). "Pet Day Care" means any premises where animals are trained, exercised and socialized, but not kept or boarded overnight, bred, sold, or let for hire. The hours of operation shall be limited daily from 7.a.m. to 9 p.m. "Restaurant”: 1. Restaurant, Fast-Food/Self- Service. "Fast-food/Self Service restaurant" means a retail food service establishment in which prepared foods or beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the patrons may serve themselves and may consume the food and beverages off-site. A bar facility for serving alcoholic beverages is not permitted. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food/self-service restaurants. 108 CC 10-15-2024 108 of 328 Ordinance No. 24-2266 Page 2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a fast-food or self-service restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a bar facility for serving alcoholic beverages is not permitted without a use permit. “Specialized School” means a private academic educational institution, providing specialized education/training. Examples include the following:  art school  establishments providing courses by mail/online  ballet and other dance school  language school  business, secretarial and vocational  music school  computers and electronics school  professional school (law, medicine, etc.)  drama school  seminaries/religious ministry training facility  driver education school  martial arts Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Specialized School does not include pre-schools, after school care and child day care facilities. CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES 19.60.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned general commercial (CG), are identified in Table 19.60.030, Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts below. Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts Zoning Districts CG Uses 1. Retail businesses, such as, but not limited to: a. food stores, (excluding convenience markets), b. drugstores, c. apparel shops, d. variety stores and e. hardware stores P 109 CC 10-15-2024 109 of 328 Ordinance No. 24-2266 Page Zoning Districts CG 2. Restaurants (without bar facilities), where: a. all public entrances face away from low -density residential (1-5 Dwelling Units an Acre) developments that share property lines and b. where the required customer parking is located within close proximity of the entrance P 3. Farmers’ Market CUP - Admin. 4. Eating establishments a. Full-service restaurants with bar facilities, and CUP - Admin b. Any entertainment facilities (e.g., dancing, live music) in association with full-service or fast-food/self-service restaurant P 5. Any commercial establishments with drive-through facilities CUP - PC 6. Late evening activities which occur between eleven p.m. through seven a.m. CUP - Admin 7. Offices such as those below, provided that such uses do not comprise more than twenty-five percent of the building space in a shopping center: a. Professional, b. General, c. Administrative, d. Business offices, e. Business services, such as: i. advertising bureaus, ii. credit reporting, iii. accounting and similar consulting agencies, iv. stenographic services, and v. communication equipment buildings P 110 CC 10-15-2024 110 of 328 Ordinance No. 24-2266 Page Zoning Districts CG 8. Commercial Office uses such as those below which directly serve the public a. Banks, b. Financial institutions, c. Insurance agencies d. Real estate agencies, e. Travel agencies, f. Photography, and g. Similar studios P 9. Laundry facilities, including those below, provided that the solvents used in the cleaning process shall not be used or stored in any manner not approved by the State Fire Marshal and provided the establishment received approval from the Bay Area Air Quality Management District. a. Self service operations b. Full service operations; and c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered to the establishment by retail customers P 10. Private clubs, lodges, or fraternal organizations a. Uses in (10) above as subordinate uses in buildings intended primarily for other permitted uses provided for in this section P b. Uses in (10) above as principal use buildings CUP - PC 11. Fraternity and sorority houses CUP - PC 12. Limited repair services, such as: a. Jewelry, b. Household appliance, c. Business machine repair shops d. Personal electronic devices P 13. Personal service establishments such as: a. Barbershops, b. Beauty parlors, c. Massage establishments, d. Shoe repair shops, and e. Tailor shops P 111 CC 10-15-2024 111 of 328 Ordinance No. 24-2266 Page Zoning Districts CG 14. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with provisions of Chapter 19.100 of this title P 15. A maximum of four video game machines, provided these machines are incidental to the main activity of the business P 16. Pet shops and facilities for pet services such as, bathing, clipping, trimming, grooming, pet day care, and similar services for pets. a. Uses in (16) above which are located in a sound-proof structure, and are in compliance with Santa Clara County Health Department regulations and Chapter 8.05 of this Code P b. Uses in (16) above which are not located in a sound-proof structure, and are in compliance with Santa Clara County Health Department regulations and Chapter 8.05 of this Code. CUP - Admin 17. a. Child care centers, b. Day nurseries, and c. Playgrounds CUP - PC 18. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs a. When the uses in (18) above cumulatively comprise < 50% of the space in a shopping center, provide adequate parking as determined by Chapter 19.124 and meet noise requirements as determined by Chapter 10.48 P b. When the uses in (18) above cumulatively comprise ≥ 50% of the space in a shopping center, provide adequate parking as determined by Chapter 19.124 and meet noise requirements as determined by Chapter 10.48 CUP - Admin. 19. Retail/service kiosks that meet the following: a. Are located in an unenclosed space visible from public streets or other publicly owned space, b. Where adequate parking is provided as determined by Chapter 19.124, c. Which do not result in traffic or circulation impacts, d. Have attractive designs and landscaping, and e. Are compatible with the surrounding architecture CUP - Admin. 112 CC 10-15-2024 112 of 328 Ordinance No. 24-2266 Page Zoning Districts CG 20. Other uses which, in the opinion of the Director of Community Development, are similar to the permitted uses in the CG zoning district, and which do not have the potential to create significant adverse impacts to the surrounding area due to odor, dust, smoke, glare, fumes, radiation, vibrations, noise, traffic or litter P 21. Commercial parking and parking garages CUP - PC 22. Convenience markets CUP - PC 23. Hotels, motels, and boardinghouses CUP - PC 24. Liquor stores CUP - PC 25. Drinking establishments CUP - PC 26. Commercial recreation establishments, such as: a. Indoor theaters, b. Bowling alleys, c. Billiard and pool parlors, d. Dance halls, e. Skating rinks, and f. Arcades CUP - PC 27. Mortuaries CUP - PC 28. Automotive service stations, automobile washing facilities CUP – PC 29. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in operable condition CUP - PC 30. Automobile and Tire repair shops CUP - PC 31. Business activities which display merchandise in an unenclosed space visible from a public street or adjoining residential property, except activities which display merchandise in compliance with requirements of Section 19.60.050: a. The display of merchandise in front of stores with ≥ 20,000 square feet of floor area. P b. The display of merchandise in front of stores with < 20,000 square feet of floor area. CUP - Admin 32. Business activities which provide services in an unenclosed space visible from a public street or adjoining residential property, except activities which provide services in compliance with requirements of Section 19.60.050. CUP – Admin 33. Outdoor Seating compatible with Chapter 19.124 of this code P 113 CC 10-15-2024 113 of 328 Ordinance No. 24-2266 Page Zoning Districts CG 34. Business activities which incorporate contracting services for which a contracting license issued by the State is required CUP - PC 35. Other commercial uses which are neither permitted uses nor excluded uses and which are, in the opinion of the Planning Commission, consistent with the character of a general commercial (CG) zone of the same general character listed in this section, and which do not have the potential to create significant adverse impacts to the surrounding area due to odor, dust, fumes, glare, radiation, vibration, noise, traffic or litter CUP - PC 36. Businesses where the primary activity is related to the on- site manufacturing, assembly or storage of building components intended for use by general contractors or wholesalers Ex 37. Storage garages, and other wholesale businesses, except computer hardware and software and communications businesses for which the City may generate sales tax revenue where the primary activity is to conduct sales and services to other businesses rather than to direct retail customers Ex 38. Other uses which, in the opinion of the Planning Commission, are objectionable by reason of odor, dust, smoke, glare, fumes, radiation, vibration, noise, traffic or litter shall be excluded Ex 39. Warehouses Ex 40. Lumberyards Ex 41. Nurseries and greenhouses Ex 42. Commercial excavating of building or construction materials Ex Key: P – Permitted Use - – Not Allowed CUP - Admin. – Conditional Use Permit issued by the Director of Community Development CUP - PC – Conditional Use Permit issued by the Planning Commission CUP - CC – Conditional Use Permit issued by the City Council Ex – Excluded Uses 114 CC 10-15-2024 114 of 328 Ordinance No. 24-2266 Page 19.60.50 Land Use Activity. A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following regulations shall apply to all users governed by this chapter. 1. The activity must be conducted entirely within a building or enclosed patio or atrium except for: a. Vehicular parking including the parking of business-related vehicles that comply with the sign, off-street parking and noise regulations; b. Outdoor seating for restaurants in accordance with requirements of Section 19.60.040. c. Special promotional events undertaken by permitted businesses; d. The display of merchandise in front of stores must be displayed under a roof overhang or canopy, and must be displayed in an organized, neat and safe fashion, in accordance with requirements of Section 19.60.040. e. Incidental activities directly related to the permitted business. The incidental activity must comply with noise standards, all other applicable health and safety regulations and must use equipment which, when not in use, is stored in an approved enclosed space. 2. The activity must comply with the City noise standards, including pick-up and delivery times. Some activities are permitted when located in a sound-proof space. A sound-proof space is an enclosed area which is designed to prevent internally generated noise from being audible from a receptor located outside of the structure. An acoustical engineer shall certify the design and operating conditions of a sound-proof space. 3. The activity must involve direct retailing of goods or services to the general public. The retailing and servicing activity must comprise at least fifty percent of the floor space, including enclosed patio and atrium space, and must represent the primary emphasis of the business. Window displays shall re flect the retail emphasis. 4. Certain activities which require a hazardous material plan are permitted subject to permitting or licensing by an authorized public agency charged with the responsibility to protect the public health and welfare regarding the involved hazardous material. Examples: swimming pool and spa supply, photo finishing, dental office. 5. The activity complies with applicable off-street parking standards including shared parking arrangements specified in the off-street parking ordinance. 19.60.060 Development Standards. Table 19.60.060 sets forth the rules and regulations pertaining to the development of property located in the General Commercial (CG) zoning district. 115 CC 10-15-2024 115 of 328 Ordinance No. 24-2266 Page Table 19.60.060: Development Standards A. Lot Area and Coverage No minimum lot area or coverage. However, if specified in the General Plan or applicable Specific Plan, must comply with that standard. Must have sufficient area to satisfy off-street parking and loading requirements contained in this title. B. Height of Buildings and Structures 30 feet unless otherwise permitted by the General Plan or applicable Specific Plan. C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space – Setbacks are established based upon policies contained in the General Plan and/or applicable Specific Plan. When setbacks are not established in other land use or zoning documents, the setbacks in the CG zone shall apply. 1. Front Yard Established based upon special policies contained in the General Plan and/or applicable specific plan to:  Insure sufficient space to provide adequate light, air and visibility at intersections;  Assure general conformity to yard requirements of adjacent or nearby zones, lots or parcels; and  Promote excellence of development. 2. Minimum Side and Rear Yard No side or rear yard setback required unless lot abuts any residential or agricultural-residential zone in which case the following regulations apply: a. Side Yard Setback i. Interior Side 12 feet, or a total setback equal to one foot of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. ii. Street Side of Corner Lot 12 feet b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. D. Noise Standards – 116 CC 10-15-2024 116 of 328 Ordinance No. 24-2266 Page 1. New Construction and uses that have a high probability of generating noise that adjoin residential districts shall be: a. Exterior Walls Designed to attenuate all noise emanating from interior retail space. b. Loading Docks and Doors Located away from residential districts. Required Fire Doors are excluded. c. Mechanical and other equipment Air conditioning, exhaust fans, and other mechanical equipment shall be acoustically isolated to comply with the noise ordinance d. Sound Wall Install a minimum eight-foot-high masonry sound wall on or adjacent to the common property line e. Acoustical Engineer Design and operational space must be certified by an acoustical engineer that the above sound attenuation measures comply with the intent of the regulation and the City's community noise ordinance 2. In addition to (1) above, retail structures in a mixed-use residential development shall employ noise attenuation techniques recommended by an acoustical engineer to comply with the community noise ordinance. E. Odors – New construction and uses that have a high probability of generating odors adjoining residential developments or in mixed-use residential developments shall employ odor abatement techniques, including but not limited to, the installation of activated charcoal filtration systems and/or similar odor abatement systems certified by an air quality specialist for use. F. Lighting – New lighting fixtures for any new site construction or building improvements: shall meet the requirements in Chapter 19.102 G. Landscaping Plan 1. Shall be designed to provide an effective year- round landscaping screen in the setback area adjoining any lower-density residential property. The intent of the plan is to screen the building from the rear yard of a residence within five years. 2. Shall be maintained, with appropriate irrigation, provided to all landscaped areas. 3. Shall comply with the requirements of Chapter 14.15 of the Municipal Code. 4. Shall be subject to the requirements of Chapter 14.18 of the Municipal Code. 117 CC 10-15-2024 117 of 328 Ordinance No. 24-2266 Page H. Utilities 1. The following amenities and utilities shall be installed subject to the specifications of the subdivision ordinance: a. All utilities, including water, gas, sanitary and storm sewers, underground power systems, and b. Amenities including, lighting electroliers, curbs, gutters, streets and sidewalks and c. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the City. 2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the City. 3. Underground vaults, or, utility spaces integrated within buildings, if allowed, or alternatively, well screened areas, if underground vaults or spaces integrated within buildings are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities. I. Mechanical Equipment Air conditioning, exhaust fans, and other mechanical equipment shall be visually screened. 118 CC 10-15-2024 118 of 328 CITY OF CUPERTINO Agenda Item 24-13305 Agenda Date: 10/15/2024 Agenda #: 6. Subject: Study Session on Unhoused Services and Programs Staff recommend the City Council to consider the following options: 1. Continue the current model based on the City's Unhoused Task Force, Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara to measurably serve the City based on the relative needs of existing unhoused residents, including continuing to seek partnerships and possible grant opportunities; or 2. Direct the City Manager to propose an item for the Fiscal Year 2025-2027 City Work Program to develop an encampment management policy by evaluating examples from other jurisdictions in the Bay Area and incorporating best practices for review by the City Council. Presenter: Tom Chin, Emergency Manager CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™119 CC 10-15-2024 119 of 328 CITY COUNCIL STAFF REPORT Meeting: October 15, 2024 Subject Study Session on Unhoused Services and Programs Recommended Action Staff recommend the City Council to consider the following options: 1. Continue the current model based on the City's Unhoused Task Force, Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara to measurably serve the City based on the relative needs of existing unhoused residents, including continuing to seek partnerships and possible grant opportunities. OR 2. Direct the City Manager to propose an item for the Fiscal Year 2025-2027 City Work Program to develop an encampment management policy by evaluating examples from other jurisdictions in the Bay Area and incorporating best practices for review by the City Council. Executive Summary Homelessness is a complex, regional problem. The City has procedures in place and employs strategies to collaboratively, equitably, and humanely address the unhoused encampments, balancing the safety and cleanliness of City streets and the rights and needs of unhoused individuals. The City partners with Santa Clara County and West Valley Community Services to provide outreach and engagement services. The City Manager's Office also leads the Unhoused Task Force—a cross-agency, multi-sector team that operates without a budget, relying on the collaboration and expertise of staff and department resources. The City Council has requested a study session on the status of unhoused services and relative needs in the City following the U.S. Supreme Court's recent ruling in City of Grants Pass v. Johnson, 603 U.S. ___ (2024). The report outlines the legal basis for 120 CC 10-15-2024 120 of 328 Page 2 of 9 unhoused services, highlights existing services in the City, reviews processes for encampment resolution, and provides an overview of processes initiated in similar jurisdictions. The report is divided into the following key sections: • Background • Current Status of Unhoused Individuals in Cupertino • City's Unhoused Task Force • Countywide Service Model: Office of Supportive Housing • Overview of Local Jurisdictional Programs • Potential Options Forward Background There are many concerns about environmental, health, and safety issues related to homeless encampments in Cupertino. Several court decisions until very recently drastically reduced the City's ability to "evict" or "remove" individuals living on public lands, including City-owned property. Martin v. City of Boise In 2018, the federal Ninth Circuit Court of Appeals held that imposing criminal penalties for camping or sleeping on public property constituted cruel and unusual punishment under the 8th Amendment of the U.S. Constitution. Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018). Subsequent court rulings extended Martin to effectively require an offer of alternative shelter (i.e., a dedicated shelter bed or sanctioned outdoor location) before action could be taken to resolve a homeless encampment. Like other jurisdictions in the Ninth Circuit, the City of Cupertino adopted the practice of offering dedicated shelter before resolving any encampment in a public place. Due in part to limited shelter availability, encampments continue to exist. 2024 Legal Decision On June 28, 2024, the Supreme Court overturned the Ninth Circuit's Martin v. City of Boise ruling in Grants Pass v. Johnson, 902 F.3d 1031. The Court concluded that enforcing anti-camping ordinances against homeless individuals, as practiced in Grants Pass, Oregon, does not violate the Eighth Amendment's ban on cruel and unusual punishment. This decision eliminates the legal requirement to provide shelter before dismantling an encampment. Consequently, the decision allows cities increased authority to establish encampment regulations tailored to specific health and safety concerns. The Grants Pass decision does not change other legal obligations that protect the rights of unsheltered individuals, including protections against unreasonable searches and the right to due process. The City protects these rights by posting advanced notices to vacate, evaluating abandoned items at encampments, and storing items of value for up to 90 days. Current Status of Unhoused Individuals in Cupertino 121 CC 10-15-2024 121 of 328 Page 3 of 9 The Point in Time Count (PIT) is a semi-annual survey that provides a snapshot of the number of sheltered and unsheltered homeless individuals within a specific area on a designated day in January. This count is part of a national initiative led by the United States Department of Housing and Urban Development. The data from the PIT Count is instrumental in understanding the extent of homelessness, identifying trends, assessing needs, and evaluating the effectiveness of interventions. The PIT Count and subsequent reports show that the City of Cupertino has consistently had fewer homeless individuals than nearby cities. The semi-annual PIT count highlights the city's ongoing efforts, with a significant decrease from 159 individuals in 2019 to 48 in 2023. This data helps identify trends, assess needs, and evaluate intervention effectiveness. Figure 1: The 2023 Santa Clara County PIT Counts demonstrated a decrease in sheltered and unsheltered individuals 2023 Santa Clara County Point in Time Count Jurisdiction Total Sheltered and Unsheltered 2019 – 2023 % Change 2022 – 2023 % Change 2019 2022 2023 County Wide 9,706 10,028 9,903 2% -1% City of Cupertino 159 102 48 -70% -53% City's Unhoused Task Force In 2020, the City of Cupertino established an Unhoused Task Force, which convenes representatives from multiple city departments to address homelessness-related issues as they arise. This cross-agency, multi-sector Task Force operates without a dedicated budget, relying on the collaboration and expertise of staff and department resources. The Task Force's responsibilities include responding to resident inquiries, coordinating with local service providers, addressing encampments, and providing outreach and support to individuals experiencing homelessness. The Task Force follows the City's Process for Assisting Unhoused Residents (Attachment A), which was updated in September 2022. On December 15, 2020, the City Council adopted a resolution endorsing the Santa Clara County Community Plan to End Homelessness 2020-2025 (Attachment B). The Task Force supports Strategy 3: Improving the quality of life for unsheltered individuals and creating healthy neighborhoods for all. The Task Force includes participation from various departments and organizations, such as the City Manager's Office, the Office of Emergency Management, the Public Works Department, the Community Development Department, the Sheriff's Office, the County of Santa Clara Office of Supportive Housing, and the West Valley Community Services. The duties of the Unhoused Task Force are multifaceted and essential for addressing the intricate issue of homelessness within the city. In addition to their primary roles, members of the Task Force are involved in: • Resource Coordination: By leveraging existing resources, the Task Force ensures that services are provided to unhoused individuals and encampments. Outreach 122 CC 10-15-2024 122 of 328 Page 4 of 9 and engagement services provided in kind by the county and non-profits help assess and identify specific needs that need to be addressed and tracked by the Task Force. • Responding to the Community: The Task Force responds to community members and local businesses to raise awareness about homelessness and foster a collaborative approach to addressing homelessness issues. • Partnership Development: The Task Force built cooperative partnerships with agencies not typically linked to Cupertino's unhoused individuals. This includes grants from the County Board of Supervisors, in-kind trash bins from Recology, and entry into the Coordinated Entry System. • Emergency Response: In times of crisis, such as extreme weather conditions or public health emergencies, the Task Force coordinates with the County of Santa Clara emergency shelter and services to ensure the safety and well-being of the unhoused population. • Encampment Resolution: When the County and non-profits exhaust available options and the City Manager concludes the encampment presents a health and safety concern, the Task Force coordinates an encampment resolution as a last resort. Once the determination for a resolution has been made, the Task Force conducts the following steps: o The Task Force coordinates a date and time all services are available. Staff from the City, Sheriff's Office, and any in-kind non-profit support are scheduled. o Public Works develops a traffic plan if needed to protect staff during the operation. Public Works staff will deploy and retrieve delineators, cones, and barricades as needed, including notifying Valley Transportation Authority of any impacts to bus lines. o A contractor is engaged to conduct the physical removal of encampment items and clean the area according to environmental regulations. o Code Enforcement posts a notice to the encampment occupants of the City's intent to dismantle the encampment and to have the area cleared of any items that remain at the location. o Code Enforcement works with the contractor to assess all items remaining and any items of apparent value are stored for up to 90 days. The posted notice provides guidance to individuals on how to retrieve their belongings. o The contractor collects debris, cleans the area, and hauls materials away from the location. o The Task Force confirms the restoration of the site. Each encampment resolution has resulted in unbudgeted costs to the City. Contractor expenses related to encampment resolutions have been accounted for in the City Manager's Contingency as needed. While each encampment varies in size and complexity, staff have estimated the costs for a single-occupant encampment below. The estimates do not account for coordinating outreach and 123 CC 10-15-2024 123 of 328 Page 5 of 9 engagement services in advance of the resolution, responding to 311 or email complaints, or in-kind costs from non-profit organizations. Estimated Costs for Single-Occupant Encampment Resolution Personnel Hours Rate Total Code Enforcement 3 $264.04 $792.12 Building Official 2 $266.00 $532.00 City Engineer 1 $291.00 $291.00 Public Works Staff 2 $291.00 $582.00 Emergency Manager 2 $193.32 $386.64 Sheriff Deputy 1 $305.35 $305.35 Total Personnel Hours 11 Total Personnel Cost $2,889.11 Contractor Encampment Resolution Contractor $1,660.65 Estimated Total $4,549.76 As evidenced by the overall reduction in the PIT Count, the Unhoused Task Force's comprehensive approach made a significant impact on the lives of the unhoused community in Cupertino. By leveraging existing resources, the Task Force ensures that the City's response to homelessness is both efficient and effective. Santa Clara County Grant Funding Starting in 2023, the Unhoused Task Force partnered with Supervisor Simitian's Office to secure a grant of $50,000 from the Santa Clara County Board of Supervisors. The Task Force secured a second grant in 2024, making the total amount received $100,000 to date. These funds are designated specifically to enhance the services provided to the unhoused population and are instrumental in bolstering the Task Force's efforts, enabling more comprehensive outreach and robust support, and implementing innovative solutions to homelessness within the community. The first $50,000 grant was awarded in Fiscal Year 2023 - 2024 to bolster the Haven to Home program at West Valley Community Services, a crucial initiative aimed at facilitating transitions from homelessness to stable housing. The County grants have come in support of the City's prior investment into Haven to Home. This funding significantly increased direct services to unhoused individuals by addressing immediate needs. The City will pursue an agreement using the second $50,000 grant from the Santa Clara County Board of Supervisors to enhance outreach and engagement services for unhoused individuals. The City has limited outreach and engagement services due to the absence of a direct service agreement and dedicated funding. Any outreach and engagement services have been provided in kind by the County or West Valley Community Services. By enhancing these services, the City hopes to significantly 124 CC 10-15-2024 124 of 328 Page 6 of 9 improve the rate of engagement with unhoused individuals and encampments. By leveraging this grant, the City aims to expedite its response to notifications of encampments through Cupertino 311, ensuring the timely provision of assistance and interventions. This approach is intended to address the immediate needs of the unhoused community more effectively, fostering a supportive and responsive environment for all residents. Countywide Service Model: Office of Supportive Housing The County of Santa Clara, through its Office of Supportive Housing (OSH), provides a comprehensive system of support for individuals experiencing homelessness. This model includes a range of programs and services designed to assist individuals in securing and maintaining stable housing. OSH plays a central role in addressing homelessness in Cupertino and neighboring jurisdictions. OSH coordinates a variety of services aimed at preventing and reducing homelessness, including: • Homelessness Prevention Programs: These programs offer rental assistance, legal services, and financial aid to individuals and families at risk of eviction. • Emergency Shelters and Transitional Housing: OSH manages temporary housing services across the county, though shelters are often at capacity, requiring additional solutions. • Permanent Supportive Housing: OSH provides long-term housing assistance combined with supportive services to help individuals achieve housing stability. • Rapid Rehousing: This program offers short-term rental assistance and supportive services to help individuals and families quickly exit homelessness and stabilize them in housing. • Mental Health and Substance Abuse Services: OSH collaborates with local healthcare providers to refer unhoused individuals with mental health or substance dependency issues to available services. Biannually, the County develops a progress report on the services and programs provided for the unhoused. The 2024 Mid-Year Progress Report on the Community Plan to End Homelessness is available in Attachment B. Overview of Local Jurisdictional Programs Staff's initial research of local jurisdictions shows that several cities in the area have adopted diverse policies and strategies to tackle homelessness. These are listed below. More in-depth research is needed on the effectiveness and impact of these strategies. Town of Los Gatos On August 26, 2024, The Town of Los Gatos Town Council authorized the Town Manager to negotiate and execute an Agreement with the County of Santa Clara to provide unhoused engagement services in an amount not to exceed $92,777. The Town 125 CC 10-15-2024 125 of 328 Page 7 of 9 intends to contract unhoused engagement services through OSH to leverage existing contracts, ensure cohesive implementation, and expand on services already provided through OSH. Like Cupertino, the outreach teams currently serve Los Gatos on a limited basis for a few hours a month, when available, as they are responsible for meeting the needs throughout the County. The recommended dedicated funding through their agreement with the County ensures a consistent presence in the Town, enabling outreach teams to build rapport with unhoused individuals. This dedicated funding also allows for coordination between the Town and County staff to identify individuals and geographic areas for deployment, so the outreach is responsive to the Town's needs. The source of the grant funding is the same County grant received by Cupertino in FY 2023/2024 and FY 2024/2025. City of Morgan Hill and City of Campbell Morgan Hill and Campbell received the capacity-building grant from Destination: Home to support work related to the 2020-2025 Community Plan to End Homelessness. The three-year partnership has enabled Morgan Hill and Campbell to hire dedicated liaisons on homelessness issues (with a particular focus on Strategy 3: Improving the quality of life for unsheltered individuals and creating healthy neighborhoods for all). The grant requires demonstrated support from each city for the Community Plan to End Homelessness. The grant award in both cities covers the first three years of costs. Long- term funding is needed in both cities for the position. West Valley Shelter Feasibility Study The City of Campbell City Council recently allocated $100,000 for a West Valley Shelter Feasibility Study. The study will assess the feasibility of creating a facility to provide temporary or emergency housing for the unhoused population in the West Valley. There are currently 221 homeless individuals in the West Valley (County 2023 PIT count), and no shelters or temporary housing options exist. Campbell anticipates completing MOUs in the coming months, entering into an agreement with Home Base by the end of 2024, and completing the study in 2025. The study has two parts: • Evaluate the demographics of the West Valley's unhoused population (data from the Office of Supportive Housing). • Analyze and recommend facilities and services for temporary housing (options include shelters, hotel rooms, sanctioned camping, and tiny homes) with cost estimates. City of Berkeley On September 10, 2024, the City Council of Berkeley, California, approved a policy and made changes to a local ordinance aimed at regulating homeless encampments. This policy establishes location restrictions and designates areas where encampments are allowed while imposing strict rules for their maintenance and hygiene to safeguard the well-being of both housed and unhoused individuals. The policy prioritizes ongoing 126 CC 10-15-2024 126 of 328 Page 8 of 9 shelter offers, with a preference for individual units, but it also explicitly grants the City Manager authority to clear encampments under certain conditions. The policy is noted as a prominent example of City Council direction regarding encampment resolution policy. Future Potential Options to Consider While the City has made significant progress in reducing unsheltered homelessness since 2020, the City of Grants Pass ruling has prompted the reevaluation of encampment resolution practices and policies throughout the state. In responding to the ruling, the City Council may wish to take into account the relative success of the City's current practices and the relatively limited scale of unsheltered homelessness in Cupertino, as well as the constraints imposed by the City's extensive reliance on outside agencies and resources to address the needs of unsheltered individuals and the impact of homelessness on the community. Any policy changes adopted by the City of Cupertino should take into account this regional context. For these reasons, staff recommend the City Council consider the following options: 1. Continue the current model of the City's Unhoused Task Force, Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara to measurably serve the City based on the relative needs of existing unhoused residents, including continuing to seek partnerships and possible grant opportunities. OR 2. Direct the City Manager to propose an item in the Fiscal Year 2025-2027 City Work Program to develop an encampment management policy by evaluating examples from other jurisdictions in the Bay Area and incorporating best practices for review by the City Council. Sustainability Impact No sustainability impact. Fiscal Impact Option 1: Continued Support and Partnerships Should the City Council determine that the existing framework of the City's Unhoused Task Force, the Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara sufficiently meet the needs of the current unhoused population, the fiscal impact will primarily involve the maintenance of the existing system. Under this scenario, staff will continue seeking partnerships and potential grant opportunities, which could provide supplementary funding. This approach may incur minimal additional costs beyond the current budget allocations, provided that there are no significant changes in service demand or in the costs associated with maintaining the 127 CC 10-15-2024 127 of 328 Page 9 of 9 current level of support. Additionally, the $50,000 grants received from the County of Santa Clara in Fiscal Years 2023 – 2024 and 2024 – 2025 may not continue. Option 2: Development of an Encampment Management Policy If the City Council directs staff to develop an encampment management policy for inclusion in the Fiscal Year 2025-2027 City Work Program, this will likely require a more substantial fiscal commitment. The creation, implementation, and ongoing maintenance of a new policy will necessitate resources for evaluating best practices, drafting policy documents, and potentially hiring additional staff or consultants. Continuous funding will be required to support the ongoing management and enforcement of the policy. An estimated cost of this option would be provided as part of the Fiscal Year 2025-2027 Work Program process. California Environmental Quality Act Not applicable. _____________________________________ Prepared by: Thomas Chin, Emergency Manager Reviewed by: Christopher D. Jensen, City Attorney Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – City of Cupertino Process For Assisting Unhoused Residents B – Santa Clara County Community Plan to End Homelessness 2020-2025 C – 2024 Mid-Year Progress Report on the 2020-2025 Community Plan to End Homelessness D – City of Berkeley City Council Policy Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code 128 CC 10-15-2024 128 of 328 City Of Cupertino Process For Assisting Unhoused Residents September 16, 2022 Cupertino City Council Resolution 20-140, adopted on December 15, 2020, endorsed the Santa Clara County Community Plan to End Homelessness. The City of Cupertino’s (City) process listed below addresses Strategy 3: Improve quality of life for unsheltered individuals and create healthy neighborhoods for all. The City has received input from the community regarding concerns of unhoused individuals living on Cupertino property. Working to address these concerns as quickly and effectively as possible is important to the City. There are many social and legal hurdles that must be considered when working on these scenarios. Recent court cases have upheld the rights of unhoused individuals to occupy public property if alternative housing options and certain levels of support are not available to these individuals. These necessary services are not directly provided by the City and therefore the City must engage with other entities to ensure these services are available. Many individuals experiencing homelessness simply need assistance to change their unhoused situation. For this reason, the City of Cupertino has taken an approach that focuses first on ensuring the well-being of the unhoused individuals, second on informing the individuals of the assistance available to them, and third on assisting the individual to a setting that can provide services. These steps require time to properly implement. For emergency situations, call 911. To request a non-emergency welfare check, call 408- 299-2311. The City’s Process for Assisting Unhoused Individuals: 1) To notify the City of unhoused individuals or encampments, submit a request through Cupertino 311 app or www.cupertino.org/311. 2) City contacts County Office of Supporting Housing (OSH) who engages the individual, offering available assistance services to them. In cases where individual accepts services, the individual is typically taken to facilities where assistance is provided. 3) City may request County Sheriff’s Office to engage with individual(s) and perform a wellness check. For individuals needing immediate medical assistance, the 129 CC 10-15-2024 129 of 328 Sheriff’s Office will initiate emergency medical services. The Sheriff’s Office will notify the City of its assessment. 4) Where individuals are not willing to immediately accept services, the City continues to coordinate with OSH in additional outreach. OSH and non-profit contractors work to build trust with the individual towards having the individual accept the assistance available. 5) During the OSH outreach period, OSH provides the City with its assessment of its efforts. If continued efforts do not result in the individual accepting assistance, OSH provides the City with a determination that continued efforts will not result in the individual relocating to assistive services. 6) City initiates an encampment resolution process. This process follows the steps required to notice the encampment occupants of the City’s intent to dismantle the encampment and to have the area cleared of any items that remain at the location. The resolution process requires the City to work with OSH to secure available shelter options for each individual at the location. Any items of apparent value will be stored for up to 90 days. A posted notice at the location will provide guidance to individuals on how to retrieve their belongings. An encampment resolution is the final effort to have an encampment removed from City property. This step typically results in individuals relocating to another site, whether a sanctioned shelter or another unsanctioned location, and the site is cleaned up by City led forces. If individuals relocate to another unsanctioned location, the City’s process steps are reinitiated upon notification of the new encampment. The City makes every effort to engage with unhoused individuals and to provide to them the services available to help them off the streets. The encampment resolution phase is considered a last resort as this typically does not result in the individual being assisted off the street. The process to prioritize outreach and engagement to build trust and rapport has shown to be the most effective approach at helping unhoused individuals on a path to housing and addressing the community’s concerns. 130 CC 10-15-2024 130 of 328 2020–20252020–2025 COMMUNITY PLAN TO END HOMELESSNESS SANTA CLARA COUNTYSANTA CLARA COUNTY 131 CC 10-15-2024 131 of 328 Acknowledgements The Community Plan Steering Committee would like to thank the many community stakeholders, people with lived experience of homelessness, and organizations for their participation in the process to update the plan and their valuable input. For a full list of organizations that participated in the process, see page 14. 132 CC 10-15-2024 132 of 328 Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 1 Table of Contents Introduction Our Homelessness Crisis Ending Homelessness in Santa Clara County The Strategies Strategy 1: Address the Root Causes of Homelessness Through System and Policy Change Strategy 2: Expand Homelessness Prevention and Housing Programs to Meet the Need Strategy 3: Improve Quality of Life for Unsheltered Individuals and Create Healthy Neighborhoods for All Thank you! 2 4 6 10 11 13 14 16 133 CC 10-15-2024 133 of 328 2 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Helped 8,884 households resolve their homelessness, representing 14,132 people Doubled the number of supportive housing units in Santa Clara County Doubled our temporary housing and emergency shelter capacity Launched a new homelessness prevention system that now serves about 1,000 households annually Led a community-wide campaign that has successfully housed more than 1,600 veterans and engaged nearly 800 private landlords in the effort Voters approved $950 million to develop affordable housing through the 2016 Measure A Affordable Housing Bond and raised another $100 million in private contributions to support the implementation of the community plan Supportive Housing System Progress 2015-2019 Thanks to the collective efforts of partners throughout the community, over the past five years, we have done the following: In 2015, the community came together to create a roadmap for ending homelessness in Santa Clara County. This plan— which was centered around a collective impact response and the proven Housing First model—set an ambitious goal to create 6,000 new housing opportunities and identified innovative strategies and programs for reducing homelessness. Introduction Introduction 134 CC 10-15-2024 134 of 328 Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 3 Introduction Despite our progress creating a supportive housing system that assists thousands of homeless individuals and families each year, the crisis continues to grow. The systemic factors driving homelessness in our community— from the failed policies at the local, state, and national level to the extreme lack of housing options that are affordable for low-income residents—remain stronger than ever and are pushing more of our neighbors onto the streets every day. These challenges have been compounded by the novel coronavirus (COVID-19) pandemic that arrived in our community as this plan was in development, making implementation of many of these strategies even more urgent. This public health crisis has ground our local economy to a halt, leaving many more households on the brink of homelessness due to job loss, lack of childcare, and economic uncertainty. The pandemic has also required a massive and immediate response by our crisis response system to quickly ramp up shelter capacity, increase access to hygiene services for people living outside, and protect those people experiencing homelessness who are particularly vulnerable. As a result, as this plan goes into effect, we anticipate there will be many more people experiencing or at risk of homelessness who will need immediate support, which will require our community to continue to be flexible and innovative in our responses to homelessness. To truly end homelessness in Santa Clara County, we must summon the collective will and resources to not only respond to the current crisis and scale our successful housing strategies, but also address and eliminate the root causes of homelessness in our community. Community Plan Steering Committee Members Ky Le, Co-Chair Jennifer Loving, Co-Chair Jan Bernstein Chargin Louis Chicoine Erin Connor Katherine Harasz Miguel Marquez Jacky Morales-Ferrand Joel John Roberts Claudine Sipili Leland Wilcox 135 CC 10-15-2024 135 of 328 1 Applied Survey Research, “Santa Clara County Homeless Census & Survey Comprehensive Report 2019.” 2019. https://www.sccgov.org/sites/osh/ContinuumofCare/ReportsandPublications/Pages/HomelessnessCensusandSurvey.aspx 2 Public Policy Institute of California, “Income Inequality in California.” 2020. https://www.ppic.org/publication/income-inequality-in-california/ 3 Bay Area Equity Atlas, “Earned income growth for full-time wage and salary workers: Santa Clara County, CA, 2000–2015.” https://bayareaequityatlas.org/indicators/income-growth#/?geo=04000000000006085 4 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Our Homelessness Crisis According to the 2019 Point-in-Time count, there are 9,706 individuals experiencing homelessness on any given night in Santa Clara County.1 Families with children, seniors, individuals with disabilities, veterans, youth and young adults are all represented in the county’s diverse homeless population. More than 80% of these individuals are unsheltered—sleeping outside, in cars, or other places not meant for human habitation. We expect that these numbers will increase over the coming months as the full impact of the COVID-19 pandemic is felt. The gap between the rich and the poor in our community, combined with the lack of housing development particularly at the lowest income levels, is fueling the homelessness crisis. According to the Public Policy Institute of California, families at the highest income levels in the Bay Area (the 90th percentile) have more than 12 times the income of families at the bottom (the 10th percentile).2 Those at the bottom rung of the economic ladder have also not shared in the region’s significant economic growth. Between 2000 and 2015 in Santa Clara County, workers with earnings in the 10th percentile saw their income decline by 12%.3 This income inequality has been further exacerbated by the economic slowdown caused by the COVID-19 pandemic as many low-income households living paycheck-to-paycheck struggle to make rent and pay for other basic needs. Our Homelessness Crisis -20% -10% 0% 10% 20% -12%-10% 2% 10%12% 10th percentile 0 to Extremely Low-Income Threshold 0 to 50% of AMI 0 to 80% of AMI 0 to 100% of AMI 20th percentile 50th percentile 80th percentile 90th percentile Earned income growth for full-time wage and salary workers Santa Clara County, CA: 2000-2015 Affordable & Available Rental Homes “Per 100 Renter Households” San Jose Metropolitan Area: 2018 0 20 40 60 80 100 34 8046 94 Black/African Americans 0% 5% 10% 15% 20%16.9% 2.5% Homeless Population General Population Bl a c k / A f r i c a n A m e r i c a n s American Indian/Alaskan Natives <1% Am e r i c a n I n d i a n / N a t i v e A l a s k a n s Homeless Population General Population 0%1%2%3%4%5%6%7%8%7.4% Hi s p a n i c / L a t i n x Hispanic/Latinx 0% 10% 20% 30% 40% 50% Homeless Population General Population 43.7% 27% 136 CC 10-15-2024 136 of 328 4 National Low-Income Housing Coalition, “The Gap: A Shortage of Affordable Homes.” 2020. https://reports.nlihc.org/sites/default/files/gap/Gap-Report_2020.pdf Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 5 Our Homelessness Crisis In addition, longstanding and structural racial inequities continue to affect who becomes homeless in our community. A recent report commissioned by Destination: Home found that people of color are dramatically more likely than their white counterparts to become homeless in Santa Clara County, and that poverty alone cannot explain disparities in homelessness. For example: While the brunt of this crisis is borne by our unhoused neighbors, we know its impacts are felt much more broadly. Our neighborhoods, first responders, businesses, and environment are also suffering the consequences of our region’s severe homelessness crisis. Even worse, the problem continues to grow as more people are slipping into homelessness than ever before—the result of growing income inequality, gentrification and displacement, rising housing costs, an extreme housing shortage, and a lack of sufficient safety net services to adequately care for the most vulnerable in our community. In fact, for every homeless family or individual we connect to housing, between two and three more are experiencing homelessness for the very first time. If this trend continues, in addition to the nearly 10,000 individuals currently experiencing homelessness, another 20,000 are at-risk of falling into homelessness over the next five years—far more than our supportive housing system currently has the capacity to serve. -20%-10%0%10%20%-12%-10%2%10%12%10th percentile 0 to Extremely Low-Income Threshold 0 to 50% of AMI 0 to 80% of AMI 0 to 100% of AMI 20th percentile 50th percentile 80th percentile 90th percentileEarned income growth for full-time wage and salary workers Santa Clara County, CA: 2000-2015 Affordable & Available Rental Homes “Per 100 Renter Households” San Jose Metropolitan Area: 2018 0 20 40 60 80 100 34 8046 94 Black/African Americans 0% 5% 10% 15% 20%16.9% 2.5% Homeless Population General Population Bl a c k / A f r i c a n A m e r i c a n s American Indian/Alaskan Natives <1% Am e r i c a n I n d i a n / N a t i v e A l a s k a n s Homeless Population General Population 0%1%2%3%4%5%6%7%8%7.4% Hi s p a n i c / L a t i n x Hispanic/Latinx 0% 10% 20% 30% 40% 50% Homeless Population General Population 43.7% 27% -20% -10%0%10%20%-12%-10%2%10%12% 10th percentile 0 to Extremely Low-Income Threshold 0 to 50% of AMI 0 to 80% of AMI 0 to 100% of AMI 20th percentile 50th percentile 80th percentile 90th percentile Earned income growth for full-time wage and salary workers Santa Clara County, CA: 2000-2015 Affordable & Available Rental Homes “Per 100 Renter Households” San Jose Metropolitan Area: 2018 0 20 40 60 80 100 34 8046 94 Black/African Americans 0% 5% 10% 15% 20%16.9% 2.5% Homeless Population General Population Bl a c k / A f r i c a n A m e r i c a n s American Indian/Alaskan Natives <1% Am e r i c a n I n d i a n / N a t i v e A l a s k a n s Homeless Population General Population 0%1%2%3%4%5%6%7%8%7.4% Hi s p a n i c / L a t i n x Hispanic/Latinx 0% 10% 20% 30% 40% 50% Homeless Population General Population 43.7% 27% Compounding the impacts of this inequality is the fact that housing costs are higher than ever and housing that is affordable to the lowest-income families is not being produced. In fact, the National Low-Income Housing Coalition’s most recent report, The Gap: A Shortage of Affordable Homes, found that in 2018 there were only 34 affordable and available units for every 100 extremely low-income renter households in the San Jose metro area.4 137 CC 10-15-2024 137 of 328 6 | Ending Homelessness Ending Homelessness in Santa Clara County Photo of Villas on the Park. Courtesy of Dahlin Group Architecture Planning and Mark Davidson Photography 138 CC 10-15-2024 138 of 328 Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 7 Solving this crisis is one of the great moral challenges facing us. It will require tremen- dous effort, new partnerships, and even bolder strategies—and it will require the entire community to be a part of the solution. We must take immediate actions that can improve the quality of life for the huge number of unsheltered residents in our community. We must increase shelter capacity and increase interim housing options, and we must expand services to meet their basic health and safety needs. We need to significantly scale our housing development and programs to meet the growing need in our community. This includes building many thousands more supportive housing units, expanding our homelessness prevention strategies, and enhancing the way our supportive housing system serves those in need. Most importantly, we will never end homelessness in our community if we do not attack the systemic root causes that continually push more of our neighbors into homelessness. As a result, we must address inequitable land use and housing policy to allow every jurisdiction to achieve their Regional Housing Needs Allocation goals for very low and extremely low-income housing production. We must ensure every resident who is able to work can access living wage employment and we must reverse decades-long structural inequities that have driven people of color and other vulnerable residents onto the streets. None of this will be easy or cheap. In fact, just meeting the affordable housing needs of our community would require several billion dollars. But we cannot accept a future in which thousands of our neighbors are forced to live outside. Every member of our community deserves a safe and stable home—and it is our collective responsibility to make this vision a reality. Ending Homelessness in Santa Clara County As we implement the strategies in this plan, we will raise the voices of people with lived experience and share power with our unhoused and recently-housed neighbors. We will focus on policies and programs that reduce racial inequity, in an effort to reverse the disproportionately high rates of people of color who are unhoused. Ending Homelessness in Santa Clara County 139 CC 10-15-2024 139 of 328 8 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Our Plan The 2020–2025 Community Plan to End Homelessness will serve as our roadmap for ending homelessness in Santa Clara County and is organized around three main strategies: Our Plan The strategies included in this plan are grounded in evidence-based practices, lessons learned over the past five years, and robust conversation and input from more than 8,000 members of our community; including people with lived experience of homelessness, subject matter experts, key stakeholders, and community members. In addition, this plan sets aggressive targets designed to reverse the current growth in home- lessness we are experiencing and bring us one step closer to our collective goal of eliminating homelessness in our community. Address the root causes of homelessness through system and policy change Expand homelessness prevention and housing programs to meet the need Improve quality of life for unsheltered individuals and create healthy neighborhoods for all STRATEGY 1 STRATEGY 2 STRATEGY 3 140 CC 10-15-2024 140 of 328 Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 9 Our Plan Our Targets *The reduction in annual inflow target was based on annual inflow prior to the COVID-19 pandemic. This target will be reevaluated once the longer term impacts of COVID-19 are known. By 2025, we will: Achieve a 30% reduction in annual inflow of people becoming homeless* Expand the Homelessness Prevention System and other early interventions to serve 2,500 people per year House 20,000 people through the supportive housing system Double temporary housing and shelter capacity to reduce the number of people sleeping outside Address the racial inequities present among unhoused people and families and track progress toward reducing disparities 141 CC 10-15-2024 141 of 328 10 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Reaching these ambitious goals will require a collaborative community response based on proven, evidence-based strategies to end homelessness as well as innovative approaches that maximize the resources available. The strategies are organized under three areas of focus that make up the basic framework for the plan. The Strategies The Strategies 142 CC 10-15-2024 142 of 328 To end homelessness in our community, we must address its root causes. This plan sets a five-year goal of reducing new unhoused individuals and families in a given year by 30%. The strategies below are targeted to address the entrenched economic and societal causes of homelessness through transformational systemic and policy change. The system we live in has created social, economic, and racial disparities and it will take monumental shifts in policies and priorities to make effective change. While eliminating these disparities across our community will take more than the five years covered by this plan, we can make substantial progress towards this important goal by implementing the strategies below. Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 11 The Strategies STRATEGY 1 Address the Root Causes of Homelessness Through System and Policy Change Ensure that people accessing safety net services have the support they need to obtain and maintain housing. Ensure that people involved in the criminal justice system do not become homeless. 1 2 Adopt housing screening and referral processes for individuals and families accessing safety net services. Support households with incarcerated family members to prevent homelessness. Expand housing resources available to Medi-Cal recipients accessing services in the Specialty Mental Health System. Expand housing programs for families involved in the child welfare system. Expand existing and develop new housing and workforce development programs to successfully reintegrate people leaving probation, parole, jails, and prisons into the community. Advocate for the state and the federal government to increase funding and access to safety net services. Expand and diversify housing programs for foster youth to meet their long-term housing needs, so no foster youth become homeless. A A D B B E C 143 CC 10-15-2024 143 of 328 12 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Create the conditions to develop enough affordable housing to meet the need in our community. Protect residents from evictions, displacement, and housing discrimination. Ensure all residents who are able to work have access to living wage employment. Expand public and private sector support for ending and preventing homelessness. 3 4 5 6 Work with cities to change local land use and housing policy to allow for development of more affordable housing and help reverse housing disparities that have negatively impacted people of color. Adopt and implement new fair housing plans for the region. Support efforts to increase the minimum wage to a living wage in Santa Clara County. Increase community engagement and support for affordable and supportive housing development throughout the county. Advocate for flexible funding that can speed up and create more affordable housing. Identify underutilized land across the county to be used for dense affordable housing development. Strengthen local rent control and tenant protections. Partner with corporations to create living wage job opportunities for people who are unhoused or at risk of homelessness. Provide leadership opportunities for people with lived experience of homelessness to shape how we address homelessness in our community. Prioritize development of housing for extremely low-income individuals and families making 30% of Area Median Income or less and set joint targets. Provide legal assistance to ensure that individuals and families most severely impacted by the lack of affordable housing, namely people of color, have equal access to housing. Provide training, internships, and mentorships to help people who are unhoused or at risk of homelessness to obtain access to living wage jobs. Create a county-wide education campaign that increases awareness of the causes and impacts of homelessness and ongoing efforts to end homelessness. Create a fund to preserve both naturally affordable and income-restricted affordable housing. Invest in social enterprises that train and employ people who are unhoused or at risk of homelessness. A A A A DB B B B C C C C D D STRATEGY 1 Address the Root Causes of Homelessness Through System and Policy Change (Continued) The Strategies 144 CC 10-15-2024 144 of 328 Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 13 While Strategy 1 aims to close the gaps in our social safety net and address the other systemic causes of homelessness, we know that there will be some people over the next five years who will still become unhoused due to a severe shortage of affordable and accessible housing. To end homelessness, we will need to continue to build capacity to provide a broad array of housing and services over the next five years. The Strategies STRATEGY 2 Expand Homelessness Prevention and Housing Programs to Meet the Need Increase the capacity of supportive housing programs for people experiencing homelessness. 1 Expand the supportive housing system to provide housing and services to help 20,000 unhoused people secure stable, permanent housing. Expansion would target the following: • 7,000 people housed in Permanent Supportive Housing programs that provide long-term support. • 10,000 people housed through Rapid Rehousing programs that provide short- and medium-term support. • 3,000 people housed through Housing Problem Solving and other short-term or one-time assistance. Develop programs tailored to the needs of specific populations of people experiencing homelessness, including: • Youth and young adults • Older adults (55+) and seniors • Families with children • Adults (ages 25 to 54) without children A B Provide a broad range of supports to prevent homelessness.2 Expand the Homelessness Prevention System to prevent homelessness for an additional 7,000 households who are at risk by providing targeted financial assistance and supportive services. Provide targeted financial resources to prevent homelessness and eviction for severely rent- burdened residents living in existing affordable units. A B Create a state-of-the-art supportive housing system.3 Center the voices of people who have lived experience of homelessness, especially people of color, in the policy and program design decisions of the supportive housing system. Increase access to supportive housing programs for people of color by addressing racial bias in our system. Invest in professional development and competitive pay to attract and retain a highly qualified workforce of homeless service provider staff. Incentivize hiring of people who have lived experience of homelessness to reflect the client population— especially people of color and LGBTQI+ persons. A DBC 145 CC 10-15-2024 145 of 328 14 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 The first two strategies of the plan seek to end and prevent homelessness for as many people as possible over the next five years. However, the reality is that many people will remain unhoused due to an extreme housing crisis and increasing income inequality. To address this immediate crisis in our community and ensure healthy neighborhoods for all, we must begin by doubling our temporary housing and shelter capacity to serve 2,000 additional households each night and increase investment in health, safety and other basic services to better meet the needs of people living in unsheltered conditions and build connections to housing programs and safety net services offered throughout the county. STRATEGY 3 Improve Quality of Life for Unsheltered Individuals and Create Healthy Neighborhoods for All Double the number of year-round temporary housing beds and offer a variety of welcoming temporary housing options throughout the county.1 Build new partnerships to host emergency shelter, safe places to park and access services, and sanctioned encampments that are not swept and include hygiene and supportive services. Ensure that all families with children under 18 years old who are unhoused have access to emergency shelter or temporary housing. Provide opportunities for people who have lived experience of homelessness to provide peer-to-peer support. Reduce barriers to shelter such as allowing for pets, storage of personal items, greater privacy, longer stays, and provide higher levels of safety for residents. Provide more public services in neighborhoods hosting emergency shelter or temporary housing programs. Expand hours at new and existing shelters to remain open during the day. Increase the number of street outreach staff and case managers working in encampments. A D D B E C C Increase street outreach, hygiene services, and transportation options to match the needs of unsheltered residents. 2 Increase access to basic hygiene resources, including bathrooms, showers, and laundry Increase the number of free public transit passes and other transportation options for people who are unhoused to access services. A B Increase mental health and substance use services.3 Increase the number of mobile crisis teams with clinical staff, and expand their hours, to support individuals experiencing severe mental health and substance use crises. Develop a plan to eliminate service access and treatment gaps for unsheltered people struggling with chronic and severe mental illness. Increase the number of beds available for substance use treatment and provide the follow-up supportive services needed to prevent relapses. Increase access to mental health treat- ment for people who are unhoused and struggling with mental illness. A DBC The Strategies 146 CC 10-15-2024 146 of 328 • Share data across safety net, criminal justice, and housing systems to better predict and target households who are experiencing homelessness or at risk of homelessness. • Better utilize data collected in the homeless system of care and across County departments to know what is working well, what programs need improvement, and to identify inequities in the system. • Provide demographic data, including race and ethnicity, in all reports on homelessness to highlight and address inequities. • Create accessible dashboards that show our progress and hold our systems accountable. • Provide trauma-informed care and racial equity/anti-racism training to all staff working with people experiencing homelessness. • Increase access to services, including providing system navigation resources and training to all staff working with people experiencing homelessness. • Align racial equity work in the homelessness sector with other racial equity initiatives in Santa Clara County. • Expand partnerships with corporations, philanthropic institutions, and individual donors to secure private funding to reduce and prevent homelessness. • Align and coordinate with other community efforts to address homelessness, such as the Homelessness Task Force. Process Improvements Across Strategies 1, 2, and 3 Throughout our work, we must continue to expand coordination between systems, increase the use of data to improve programs, and increase training opportunities for all partners, including: Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 15 The Strategies STRATEGY 3 Improve Quality of Life for Unsheltered Individuals and Create Healthy Neighborhoods for All (Continued) Engage a cross-section of community partners to address the needs of unsheltered residents. Ensure that community spaces are safe and welcoming for housed and unhoused residents. 4 5 Increase outreach to city and County staff and business and neighborhood associations about available resources to assist people who are unhoused. Partner with new private sector, community-based, and faith-based organizations to create safe and welcoming community spaces in every community for unhoused people to access services during the day. Engage the private sector to contribute funding to support health and safety services and shelter for people who are unhoused. Work with community organizations, cities, County agencies, and neighborhood associations to ensure that public spaces such as parks, libraries, and community centers remain clean, well-maintained, and welcoming to all. Increase coordination between agencies engaging people living in encampments to ensure consistent and humane approaches to encampment resolution. Create a referral system where unhoused residents can access information and services, such as available temporary housing and homeless services. A A B B C D 147 CC 10-15-2024 147 of 328 16 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Thank You! The Community Plan Steering Committee would like to thank the following agencies and staff who participated in the Community Plan Work Group to gather community input and update the community plan: The Steering Committee and Work Group would like to thank the many people who are currently or formerly unhoused who shared their input and experiences to inform the community plan, including the following: The Steering Committee and Work Group would like to thank the following community stake- holders, agencies, and organizations for participating in the process: • County of Santa Clara: Jackie MacLean, Hilary Barroga, Kathryn Kaminski, Hilary Armstrong • City of San José: Sarah Zárate, Ragan Henninger • Destination: Home: Ray Bramson, David Low • City of Morgan Hill: Rebecca Garcia • City of Mountain View: Wayne Chen • LifeMoves: Bruce Ives • Sacred Heart Community Service: Erin Stanton • Community Solutions: Erin O’Brien • Lived Experience Advisory Board • Sacred Heart’s Survivors of the Streets • HomeFirst Sunnyvale Shelter’s Client Collaborative • Clients/residents from Hope’s Corner, Bill Wilson Center, New Haven Inn, and Second Street Studios • Abode Services • Alta Vista High School • Amigos de Guadalupe • Anthem Blue Cross • Bill Wilson Center • Bitfocus • Catholic Charities of Santa Clara County • Charities Housing • Cisco • Cities Association of Santa Clara County • City Team • City of Cupertino • City of Morgan Hill • City of Mountain View • City of Palo Alto • City of San José • City of Milpitas • City of Santa Clara • Community Services Agency • Community Solutions • County of Santa Clara: o Behavioral Health Services o Office of the District Attorney o Probation Department o Public Defender Office o Public Health Department o Reentry Services o Santa Clara Valley Medical Center o Social Services Agency o Office of Supportive Housing o Office of Equity and Social Justice o Offices of Supervisors Cindy Chavez, Dave Cortese, Susan Ellenberg, Joe Simitian, and Mike Wasserman o Valley Homeless Healthcare Program • David and Lucile Packard Foundation • Destination: Home • Dependency Advocacy Center Thank You! 148 CC 10-15-2024 148 of 328 Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 17 • Downtown Business Association • Downtown Streets Team • EAH Housing • East Side Union High School District • Family Supportive Housing • First Community Housing • Gilroy Compassion Center • HomeFirst • Housing Trust Silicon Valley • Humane Society of Silicon Valley • Hunger at Home • Kaiser Permanente • Kids in Common • Law Foundation of Silicon Valley • LifeMoves • LinkedIn • Los Altos Community Foundation • Mental Health Systems • Next Door Solutions • On Lok • PATH • Razing the Bar • Resources for Community Development • Santa Clara County City Managers Association • Santa Clara County Housing Authority • Santa Clara County Office of Education • Santa Clara County Domestic Violence Advocacy Consortium • Santa Clara Family Health Plan • Sacred Heart Community Service • Salvation Army • Silicon Valley Community Foundation • Silicon Valley Council of Nonprofits • Silicon Valley at Home • Silicon Valley Independent Living Center • Silicon Valley Organization • South Bay Coalition to End Human Trafficking • Spectrum Equity • St. Joseph Family Center • Sunnyvale Community Services • The Health Trust • United Way Bay Area • U.S. Department of Veterans Affairs • West Valley Community Services • YWCA of Silicon Valley Thank You! 149 CC 10-15-2024 149 of 328 150 CC 10-15-2024 150 of 328 OU R PROGRESS TO DATE *includes people served via Covid-related Financial Assistance 15,810 People Housed 2025 goal: 20,000 People Housed SYSTEM PERFORMANCE The systemic factors driving homelessness are stron- ger than ever, and forcing more of our community members onto the streets and into shelters every day. The 2020-2025 Community Plan to End Homelessness guides our community’s collective work to reverse the current growth in homelessness and bring us closer to our goal of ending homelessness in Santa Clara County. We are forging new partnerships, changing systems, and investing strategically to accomplish meaningful progress, however, we must continue to scale up these effective solutions to reduce overall homelessness in our community. To learn more visit destinationhomesv.org/community-plan OUR GUIDING STRATEGIES: STRATEGY 1 Address the root causes of homelessness through system and policy change STRATEGY 2 Expand homelessness prevention and housing programs to meet the need STRATEGY 3 Improve quality of life for unsheltered individuals and create healthy neighborhoods for all KEY INITIATIVES BUILDING MORE PERMANENTLY AFFORDABLE HOUSING Our community is aligning public resources — like the Measure A housing bond, Housing Authority vouchers and San Jose’s Measure E transfer tax — and private funds from partners such as Cisco and Apple, to spur 56 deeply affordable and supportive housing developments. ENDING FAMILY HOMELESSNESS In 20 21, partners launched the HEADING HOME campaign to end family homelessness. Leveraging federal emergency housing vouchers and other resources, the campaign has enrolled all eligible families with children in a housing program. PREVENTING HOMELESSNESS Launched as a pilot seven years ago, a broad public-private partnership has expa nded the countywide Home- lessness Prevention System to serve more than 2,500 households a year, by providing at-risk households with relatively small amounts of money and key support services. DEPLOYING NEW SHELTER MODELS Local jurisdictions are embracing new emergency and interim shelter models - like modular developments, tiny homes and hotel conversions - to quickly provide dignified shelter for people on their path to permanent housing. Hundreds of additional units are in development. 96% of households remained stably housed while enrolled Shelter options have grown 53% since 2020 another 1.7 become homeless For every 1 household housed More than 1,700 families connected to permanent housing More than 5,800 homes are open, under construction or in the pipeline In 2023, 24% Increase in New Households Becoming Homeless in 2023 15,810 People Connected to Stable Housing 21,425 People Placed in Temporary Housing & Shelter 30,868* People Received Homelessness Prevention Assistance THE 2020-2025 COMMUNITY PLAN TO END HOMELESSNESS 2024 MID-YEAR PROGRESS REPORT Data reflects progress from Jan. 1, 2020 - June. 30, 2024 151 CC 10-15-2024 151 of 328 15,810 People Housed 2025 goal: 20,000 People Housed Seniors (65+) 9% KEY SUB-POPULATIONS 26% Veterans 15% 13% *Based on number of households housed PEOPLE HOUSED BY YEAR 80% havea San Joséaffiliation 2021 2,792 2022 3,484 2023 4,560 2024 1,916 JAN-JUN2020 3,058 Transition-AgeYouthFamiliesw/ Children Data reflects progress from Jan. 1, 2020 - June. 30, 2024 THE 2020-2025 COMMUNITY PLAN TO END HOMELESSNESS 2024 MID-YEAR PROGRESS REPORT 152 CC 10-15-2024 152 of 328 WHO IS SEEKING HELP? Families w/ Children21% Veterans3%Transition-Age Youth18% Seniors (65+)5% 2019Baseline 2021 2022 2023 2020 3,440 3,175 3,468 4,744 4,298 LAST 12MONTHS 4,313 3,320 2025 GOAL JUL 2023 - JUN 2024 NEW HOUSEHOLDS ENTERING HOMELESSNESS BY YEAR 24% Increase in New HouseholdsBecoming Homeless in 2023 Data reflects progress from Jan. 1, 2020 - June. 30, 2024 THE 2020-2025 COMMUNITY PLAN TO END HOMELESSNESS 2024 MID-YEAR PROGRESS REPORT 153 CC 10-15-2024 153 of 328 96% Remained Housed71% Remained Housed Rapid Rehousing Living with Friends/Family Rental Unit w/out Subsidy Rental Unit w/ Subsidy Permanent Supportive Housing 3,440 3,220 2,069 Long-Term Care Facility111 5,418 Supportive Housing Capacity* 15% since Jan. 1, 2020 1,057 units in the pipeline 5,748 units/subsidies 1,552 EXPANDING OUR SYSTEM Permanent HousingSYSTEM PERFORMANCE PEOPLE ASSISTED 15,810 People Connected to Stable Housing 22% 13% 10%20% 34% *Includes Rapid Rehousing & Permanent Supportive Housing Data reflects progress from Jan. 1, 2020 - June. 30, 2024 THE 2020-2025 COMMUNITY PLAN TO END HOMELESSNESS 2024 MID-YEAR PROGRESS REPORT 154 CC 10-15-2024 154 of 328 12% EXPANDING OUR SYSTEM 21,425 People Placed in Temporary Housing & Shelter Temporary Housing & ShelterSYSTEM PERFORMANCE Temporary Housing & Shelter Capacity 53% since Jan. 1, 2020 384 units in the pipeline 2,871 units PEOPLE ASSISTED Breakdown by Type Interim Housing Shelter Utilization Rates 1,416 725 80% 89% Safe Parking 267 77% Other Transitional Housing Programs 328 84% In FY24, 24% of all people served in temporary housing and shelter exited to permanent housing. 62% of those, did so with a the help of subsidized housing (rental/own with subsidy). Data reflects progress from Jan. 1, 2020 - June. 30, 2024 THE 2020-2025 COMMUNITY PLAN TO END HOMELESSNESS 2024 MID-YEAR PROGRESS REPORT 155 CC 10-15-2024 155 of 328 SYSTEM PERFORMANCEHomelessness Prevention Homelessness Prevention Capacity 65% since Jan. 1 2020 30,868 People Received Homelessness Prevention Assistance Goal to reach 2,500 households 96% of families remained stably housed while receiving services. ONE YEAR LATER Only 6% of households became homeless. 2,547 households EXPANDING OUR SYSTEM *Total people assisted includes those served via temporary COVID-related financial assistance; outcome stats are for ongoing Homelessness Prevention programs only PEOPLE ASSISTED Data reflects progress from Jan. 1, 2020 - June. 30, 2024 THE 2020-2025 COMMUNITY PLAN TO END HOMELESSNESS 2024 MID-YEAR PROGRESS REPORT 156 CC 10-15-2024 156 of 328 VSHouseholds Connectedto Housing New HouseholdsBecoming Homeless NARROWING THE GAP TO‘FUNCTIONAL ZERO’ THE 2020-2025 COMMUNITY PLAN TO END HOMELESSNESS 2024 MID-YEAR PROGRESS REPORT For every 1 household housed, another 2.5 became homeless For every 1 household housed, another 1.7 became homeless 2019 2023 1,000 2,000 3,000 4,000 5,000 4,751 New Households BecomingHomeless 1,947 Households Connected to Housing New Households BecomingHomeless 4,297 Households Connected to Housing 2,509 Data reflects progress from Jan. 1, 2020 - Dec. 31, 2023 157 CC 10-15-2024 157 of 328 1 Rashi Kesarwani Councilmember, District 1 ACTION CALENDAR September 10, 2024 TO: Honorable Mayor and Members of the City Council FROM: Councilmember Rashi Kesarwani (Author) and Councilmember Susan Wengraf (Co-Sponsor) SUBJECT: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code RECOMMENDATION Adopt a resolution affirming that the City of Berkeley will continue to offer interim housing (i.e., a shelter offer, with a preference for non-congregate options) when closing encampments, in accordance with the City’s existing “Housing First” approach1 and best practices guidance from the federal government. In order to account for nuanced health and safety situations, the resolution allows for six specific exceptions to this practice, based on City staff experience. Offering shelter and housing to homeless individuals is considered a best practice, according to the United States Interagency Council on Addressing Homelessness.2 It will continue to be the City’s practice to make shelter offers whenever practicable and to invest in more shelter options. However, in the event that the City cannot make a shelter offer, then the City Manager is nonetheless authorized to enforce, including the use of citation and arrest, only under the following circumstances: ●The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, Berkeley Municipal Code (BMC) Chapter 19.48; or ●The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or 1 Arreguin, Jesse, Joining the House America Initiative that adopts a Housing First approach in accordance with the federal government, July 12, 2022, Consent Calendar Council item, unanimously approved, https://berkeleyca.gov/sites/default/files/documents/2022-07- 12%20Item%2013%20Joining%20the%20House%20America%20Initiative.pdf 2 United States Interagency Council on Addressing Homelessness: 7 Principles for Addressing Encampments, June 17, 2022: https://www.usich.gov/sites/default/files/document/Principles_for_Addressing_Encampments_1.pdf Page 1 of 127 158 CC 10-15-2024 158 of 328 2 ●The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or ●The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or ●The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section 13.36.045; or ●The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair. The City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e)3; or citation and arrest, even if a shelter offer cannot be made. Adopt revisions to BMC Chapter 14.48 (Ordinance No. 7632) on miscellaneous use of streets and sidewalks to delete portions of 14.48.020, 14.48.120A and 14.48.120B in order to give the City Manager authority to make conforming changes to Administrative Regulation 10.2 to effectuate the above-stated encampment policy. Administrative Regulation 10.2 Regulating Temporary Non-Commercial Objects on Sidewalks and In Parklets Pursuant to BMC 14.48.120 is to be revised by the City Manager to enable enforcement of temporary non-commercial objects of less than nine-square-feet within less than 24 hours in a designated public area marked with signage to deter re- encampment. CURRENT SITUATION AND ITS EFFECTS Federal Ninth Circuit Court of Appeals Legal Decision in Martin v. City of Boise (2018) Has Guided City’s Encampment Approach to Always Offer Shelter In All Circumstances Prior to Encampment Closure. In 2018, the Ninth Circuit Court of Appeals, with jurisdiction over California, ruled that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”4 In practice, the Martin decision meant that the City of Berkeley was prevented from closing encampments—even when deemed a health and safety hazard—without offers of shelter, constituting an Eighth Amendment violation against cruel and unusual punishment. Due to limited shelter options and movement among unsheltered individuals, certain encampments have persisted, such as the encampments along the Harrison Corridor (between Ninth and Seventh streets and north of Harrison on Eighth Street), and the encampments in the Cedar and Second Street area (Second Street 3 Penal Code Section 647(e) states: “Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.” 4 Martin v. City of Boise, 920 F .3d 584 (9th Cir. 2019): https://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/01/15-35845.pdf, p. 3 Page 2 of 127 159 CC 10-15-2024 159 of 328 3 between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth). Supreme Court Decision in Grants Pass v. Johnson (2024) Removes Shelter Offer Requirement, And Further Allows Local Jurisdictions to Ban Camping in Public Spaces. On June 28, 2024, the Supreme Court overruled the Ninth Circuit’s Martin v. Boise ruling in their 6-3 decision in Grants Pass v. Johnson. In this decision, the Court ruled that applying anti-camping ordinances to homeless individuals, as had been done in the town of Grants Pass, Oregon, was not a violation of the Eighth Amendment’s prohibition of cruel and unusual punishment. The Court removed the requirement to offer shelter before closing an encampment.5 The ruling gives cities like Berkeley greater authority to set encampment policy for nuanced health and safety situations. Significantly, the Supreme Court Decision in Grants Pass Does Not Impact the City’s Requirements Related to the Fourth, Fifth and Fourteenth Amendments. The City must still abide by the Fourth Amendment protecting individuals against unreasonable search and seizure, the Fifth Amendment guaranteeing due process and the Fourteenth Amendment guaranteeing equal protection under the law. The City’s administrative regulations pertaining to regulating temporary non-commercial objects on the sidewalks (AR 10.1) and the temporary storage of unattended property (AR 10.2) ensure compliance with these Constitutional law requirements. BACKGROUND Housing First Is a Best Practice, With City of Berkeley Opening Hope Center, Two Homekey Sites, and Two Transitional Housing Motels Within the Last Three Years . . . Housing First is an approach to serving people experiencing homelessness that recognizes a homeless person must first be able to access a decent, safe place to live before stabilizing, improving health, reducing harmful behaviors, or increasing income, according to the California Department of Housing and Community Development (HCD).6 In 2018, Berkeley voters approved an increase to the real estate transfer tax for the top third of real estate transactions to augment General Fund resources available for homeless services, known as Measure P. These funds, along with state encampment resolution funds, have supported the leasing of two motels: ●The Berkeley Inn operated by Dorothy Day House provides 25 rooms, as well as meals, supportive services, and housing navigation services; ●Campus Hotel (formerly Super 8) operated by Insight Housing provides 23 rooms, as well as meals, supportive services, and housing navigation services with homeless individuals at the Harrison Corridor encampment granted first priority for these rooms; ●The Hope Center (2012 Berkeley Way) operated by Insight Housing provides a congregate emergency shelter with 32 beds and 12 transitional 5 Grants Pass, 144 S.Ct at 2211: https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf 6 Housing First, California Department of Housing and Community Development, https://www.hcd.ca.gov/grants-funding/active-funding/docs/housing-first-fact-sheet.pdf Page 3 of 127 160 CC 10-15-2024 160 of 328 4 housing beds for veterans. The Hope Center was funded by various local7, state, and federal sources. The offer of motel rooms has dramatically increased the City’s shelter acceptance rate— from 43 percent to 79 percent—among unsheltered people living in encampments.8 Measure P funds have also been used as local match funding for two permanent supportive housing sites that have received state funding via the Homekey program, the statewide program to expand and fund housing opportunities for people experiencing homelessness.9 ●The Rodeway Inn operated by Housing Consortium of the East Bay provides 42 permanent supportive housing units funded in part by the state Homekey program, including meals and supportive services; ●Golden Bear Homes operated by Bay Area Community Services provides 43 permanent supportive housing units funded in part by the state Homekey program, including on-site property management, case management, and supportive services. ●The Hope Center, funded by various local10, state, and federal sources, is operated by Insight Housing and provides 53 permanent supportive housing units, as well as meals, physical and mental health care, and case management. The City is poised to add an additional 39 units of permanent supportive housing in the near future via the Step-Up Housing site currently in construction at 1367 University Avenue to be operated by Building Opportunities for Self Sufficiency (BOSS). Further, a $53 million local funding reservation from the Measure O affordable housing bond has been made for the North Berkeley and Ashby developments, with the first 100 percent affordable building at the North Berkeley site likely to break ground next year. The City Council has also acted to place Measure W on the November 2024 ballot to authorize a renewal and graduated increase in the Measure P real estate transfer tax for voter consideration to continue to ensure resources are available for future investments in permanent housing, interim housing, and homelessness prevention. . . . Permanent and Interim Housing Placements Have Coincided with a Dramatic 45 Percent Reduction in the Count of Unsheltered Individuals, according to the 2024 Point-In-Time Homeless Count. Between 2022 and 2024, the City saw a 45 percent reduction in street homelessness corresponding with a 54 percent increase in sheltered homelessness. Overall, the City of Berkeley experienced a 21 percent 7 The Hope Center was not funded by Measure P proceeds. 8 City Manager Off Agenda Memo, May 16, 2024: As shelter and permanent housing investments have increased, Berkeley’s homelessness has declined, https://berkeleyca.gov/sites/default/files/documents/2024-05- 16%20As%20shelter%20and%20permanent%20housing%20investments%20have%20increased%2 C%20Berkeley%E2%80%99s%20homelessness%20has%20declined.pdf 9 Homekey, California Department of Housing and Community Development, https://www.hcd.ca.gov/grants-and-funding/homekey 10 The Hope Center was funded locally by Measure O affordable housing bond funds, Housing Trust Fund proceeds, and measure U1 funds that increased gross receipts tax on owners of five or more rental units. Page 4 of 127 161 CC 10-15-2024 161 of 328 5 reduction in homelessness, compared to just a 3 percent reduction in Alameda County.11 From 2015 through 2019, prior to enhanced local investment associated with Measure P, the City’s homeless count increased by 33 percent, as shown in Figure 1 (834 individuals in 2015 compared to 1,108 individuals in 2019). In 2024, with the addition of transitional motels, Homekey permanent supportive housing sites, and the Hope Center, the City of Berkeley experienced a dramatic 21 percent reduction in overall homelessness—far higher than the 3 percent reduction experienced by Alameda County overall. Figure 1: Berkeley Homeless Point-In-Time Counts Increased from 2017 to 2019 Before Decreasing in 2022 and 2024, Coinciding with Shelter and Permanent Housing Investments Year Sheltered Count Unsheltered Count Total Homeless Population % Increase/ Decrease from last PIT count 2015 266 568 834 Not available 2017 308 664 972 16.5% increase 2019 295 813 1,108 14% increase 2022 254 803 1,057 5% decrease 2024 339 445 844 21% decrease Sources: 2015 Homeless Point-In-Time Count, Jan. 26, 2016 (https://newspack-berkeleyside- cityside.s3.amazonaws.com/wp-content/uploads/2016/06/2016-01-26-Item-21-Berkeley-2015- Homeless.pdf); 2017, 2019, 2022 Point-In-Time Counts (https://everyonehome.org/wp- content/uploads/2022/05/Berkeley-PIT-2022-Infographic-Report.pdf); and 2024 Point-In-Time Count (https://everyonehome.org/main/continuum-of-care/point-in-time-count-2024/) The West Berkeley Encampments at (1) the Harrison Corridor (Between Ninth and Seventh Streets, Including Eighth Street north of Harrison), and (2) the Second and Cedar Area (Second between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth)12 are the Most Persistent and Hazardous in the City, With Documented Impacts Since 2019. Despite significant reductions in the number of people who are homeless in Berkeley, a total of about 445 individuals continue to experience unsheltered homelessness, according to the 2024 point-in-time count. These individuals are largely in West Berkeley, with significant health and safety impacts in the Harrison Corridor, including dead animals, open food sources and spoiled food, used uncapped drug needles, combustible materials like flammable gas containers inside unsafe wooden structures, bottles of urine, human feces, animal feces, soiled clothing and sheltering material, and other unidentifiable liquid and waste products, according to an August 2023 off-agenda memo from the City Manager.13 Additionally, a large accumulation of bulky objects and sheltering structures completely block the sidewalk in several areas and extend into the roadway, creating numerous fire and traffic safety hazards. Since the Homelessness Response Team was established in 2021, City staff have documented 16 environmental 11 Alameda County Health Department May 15, 2024 press release: Alameda County Homelessness County Shows Improvements As More Unhoused Residents Access Shelter and Housing: https://everyonehome.org/wp-content/uploads/2024/05/2024-PIT-Count-Press-Release_FINAL_v3.pdf 12 See Second St, Page St, Jones St, Cedar St encampment map, attached 13 City Manager Dee Williams-Ridly’s Aug. 31, 2023 Off Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts, pp. 7, 8 (attached) Page 5 of 127 162 CC 10-15-2024 162 of 328 6 health abatements city-wide, with nine of those abatements occurring in the Harrison encampment and Cedar/Second Street area encampments. Calls for Service and Fire-Related Incidents Associated with the Harrison Corridor are Elevated Compared to a Similar Area South of Gilman, Averaging One Police Call Every 1.5 Days and One Fire Service Call Every 4.5 Days. Call data underscores the intensive level of emergency response resources associated with the Harrison Corridor encampments. On average, BPD is called for service every day-and-a-half and Fire is called every four-and-a-half days. For the one-year period from August 2023 through July 2024, a total of 252 calls for police service were received by dispatch from the Harrison Corridor area. Of those calls, 45 percent were deemed high priority (either priority one or two on a nine-point scale, with one reflecting the highest level of urgency and nine reflecting the least). Berkeley’s Fire Department received a total of 78 calls for service during the same one-year timeframe; of those, 60 calls were for fire-related incidents, and 18 were for emergency medical services. For comparison, the same-sized area just south of Gilman Street (bounded by Seventh and Ninth Streets and Gilman to Camelia) had 152 calls for service over the same time period (100 fewer calls), and the percentage of high priority calls (levels one and two) was also less (32 percent versus 45 percent for the Harrison Corridor).14 Like the Harrison Corridor, the area south of Gilman is zoned Mixed Use Light Industrial and has significant numbers of RVs and other vehicles being used for habitation on the streets; however, the area does not have encampments similar to those in the Harrison Corridor. Figure 2: Calls for Service Related for Harrison Corridor Encampments (12 months, Aug. 1, 2023 - July 31, 2024) Berkeley Police Department Calls for Service Total: 252 High priority calls15: 45% Berkeley Fire Department Calls for Service Total: 78 Types of calls: 60 fire-related responses; 18 emergency medical services responses Sources: Berkeley Police Department (BPD) calls for service taken from the Berkeley Police Transparency Hub Calls for Service, https://bpd-transparency-initiative- berkeleypd.hub.arcgis.com/pages/cfs-stats. Berkeley Fire Department (BFD) calls for service data provided by BFD Fire Prevention Inspector. Note: Calls are associated with the Harrison Corridor based on where the incident in question takes place. Similar Health and Safety Concerns Persist at Second and Cedar Area. The encampments in the area of Second and Cedar (Second between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth) have been equally challenging, staff intensive, unhealthy, and unsafe. From December 2021 through January 2024, the City’s operations at these encampments have included six deep cleaning efforts entailing: ●Removal of large accumulations of debris and trash from the public right-of-way; 14 Information gathered from City of Berkeley’s Police Transparency Hub, Calls for Service: https://bpd-transparency-initiative-berkeleypd.hub.arcgis.com/pages/cfs-stats 15 This percentage reflects priority level 1 and 2 calls, indicating a high level of urgency. BPD categorizes calls from 1 being the most urgent to 9 being the least. Page 6 of 127 163 CC 10-15-2024 163 of 328 7 ●Removal of hazardous materials including syringes, human waste, rotting food, and soiled clothing and bedding; ●Removal of unsafe unpermitted structures; ●Treatment of rat harborages; ●Decontamination of City’s stormwater drainage system.16 Calls for Service and Fire-Related Incidents for Second and Cedar Street Area are Comparable to Harrison Corridor, Averaging One Police Call Every 1.5 Days and One Fire Service Call Every 4.5 Days. In 2023, calls for service to both BPD and Berkeley Fire were as high, and in some cases higher, in the Cedar and Second Street area compared to the Harrison Corridor. In a document prepared for the state’s Encampment Resolution Fund-3 grant application, BPD noted: In 2023, calls for service jumped to 247 from 169 (+46 percent) from the previous year, and reported crimes rose to 69 from 60 (+15 percent). Commercial burglary was the most prevalent crime type, with 27 incidents reported. The data suggest a worsening safety situation, particularly around the Second Street encampments.17 Conditions in this area continue to deteriorate to this day. In the seven-month period from January 2024 through July 2024, there were a total of 234 police service calls, just shy of the 247 calls made for the entire 2023 calendar year. The total of 234 calls over a seven-month period is slightly more than one call per day, exceeding calls for service for the Harrison Corridor. Berkeley Fire noted at least 20 fires associated with the Cedar and Second encampment area in 2023 with one becoming a two-alarm fire requiring mutual aid. A total of seven different fire code violations have been associated with these encampments and include code violations related to outdoor storage of combustible materials, insufficient clearance from ignition sources, deliberate and/or negligent burning of combustible materials, unwanted fire ignitions, obstructed access to and insufficient clearance of fire hydrants.18 Figure 3: Calls for Service for Second and Cedar Street Area Encampments (12 months, Aug 1. 2023 - July 31, 2024) Berkeley Police Department Calls for Service Total: 369 High Priority19: 33.1% Berkeley Fire Department Calls for Service Total: 81 Types of Calls: 38 fire related responses; 43 emergency medical services responses Source: BPD calls for service taken from the Berkeley Police Transparency Hub Calls for Service: https://bpd-transparency-initiative-berkeleypd.hub.arcgis.com/pages/cfs-stats. BFD calls for service data collected and provided by BFD Fire Prevention Inspector. Note: Calls are associated with the Second and Cedar Street area based on where the incident in question takes place. 16 City of Berkeley Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration, p. 4, attached. 17 City of Berkeley Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration, p. 1, attached. 18 City of Berkeley Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration, pp 20 - 29, attached 19 This percentage reflects priority level 1 and 2 calls, indicating a high level of urgency. BPD categorizes calls from 1 being the most urgent to 9 being the least. Page 7 of 127 164 CC 10-15-2024 164 of 328 8 City Has Made Significant Investment to Offer Shelter and Abate Hazards at Harrison Corridor Encampments . . . The City has a long history of providing a wide range of services for the residents of the Harrison Corridor encampments, including 107 shelter offers, with a 53 percent uptake rate. In February 2022, Alameda County Winter Shelter 28-day motel vouchers were provided to all individuals and included an 83 percent uptake rate, and three other partial closures for deep cleaning have occurred since that time. City staff conducted the following activities through August 31, 2023: ●Case Management and Engagement. Weekly by-name case conferences hosted by the Homeless Response Team and attended by relevant city and county agencies20; three community meetings (in May and July 2023) among City staff, residents, and advocates of the encampment to discuss resources and safety.”21 ●Abating Rodent Harborage Conditions. Major nuisance abatement of rodent harborage conditions in October 2022 and subsequent multiple targeted treatments of the extensive network of rodent burrows by the City’s Environmental Health Division of the Health, Housing and Community Services Department; provision on numerous occasions of new tents and Sterilite tubs to help maintain cleaner and more rodent-proof conditions; ●Deep Cleanings and Trash Removal. Nine deep cleanings removing a total of 124.9 tons (249,800 pounds) of debris; placement of a dumpster on Eighth Street in April 2022 with service four times weekly, addition of a second dumpster on Seventh and Harrison in August 2023 also serviced four times weekly, and weekly illegal dumping removal service by the City’s Public Works Department; ●Basic Sanitation, including Portapotties, Handwashing Station, Weekly Showers and Laundry Services. Placement of two portapotties with wash station located at the corner of Eighth and Harrison Streets, serviced regularly; weekly free mobile shower and laundry service since June 2022. City Offered All 23 Rooms at Campus Hotel (formerly Super 8) to Homeless Individuals Residing in the Harrison Corridor . . . In June 2023, the City of Berkeley was awarded $4.9M from the state’s Encampment Resolution Fund-2 grant program, which is currently being used to master lease the Campus Hotel (formerly Super 8) located at 1619 University Avenue. The transitional housing site is operated by Insight Housing, and includes meals, supportive services, and housing navigation services. Unsheltered individuals residing in the Harrison Corridor were given priority for this site, with 34 people accessing the site to date and 18 individuals remaining from the Harrison Corridor, according to City staff. 20 Agencies include: Alameda County Healthcare for the Homeless; Berkeley’s Health, Housing and Community Services Department; Homeless Action Center; Bay Area Community Services (BACS); LifeLong Medical Care; East Bay Community Law Center; Options Recovery Services; Berkeley Mental Health; and Building Opportunities for Self-Sufficiency (BOSS). Alameda County’s Street Medicine Teams also had an intensive presence at the encampments accompanied by multiple other service providers including the homeless advocacy group Where Do We Go Berkeley; Consider the Homeless, which provides meals; and Berkeley Needle Exchange, which provides clean needles and substance use services. 21 City Manager Dee Williams-Ridly’s August 31, 2023 Off Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts, attached Page 8 of 127 165 CC 10-15-2024 165 of 328 9 . . . But Hazardous Harrison Corridor Encampments Continue to Persist. In a City Manager Feb. 20, 2024 off-agenda memo, staff wrote: “Despite having non-congregate shelter beds dedicated to this encampment, nearly every effort that the City has made to resolve portions of the encampment have been met with significant opposition and/or legal challenges.”22 Between August 2023 through December 2023, the City tried on four separate occasions to resolve encampments in the Harrison corridor in accordance with pending construction and maintenance projects and formally declaring the area as an imminent hazard resulting in an order for a summary abatement on the basis of public health and safety hazards but legal entanglements kept this from happening. During each of these efforts, offers of non-congregate shelter at the Campus Hotel and other available transitional housing at hotel sites preceded attempts to close and clean the encampment areas. In November 2023, the City installed temporary fencing designating the area a pending construction zone to repair and maintain City infrastructure, including sidewalks and street trees, but the fencing was soon breached and the area was re- encamped quickly. To address the encampments in the Cedar and Second Street area, this past spring the City applied for another state Encampment Resolution Funds grant with the intent to master lease another motel for conversion to transitional housing for homeless individuals. As in the past, the City committed to matching any incoming dollars using Measure P funds. This potential new site would provide housing for another 26 individuals, have on-site services, meals, and housing navigation services. All of the rooms are intended to be prioritized for those living in the encampments in the Cedar and Second Street area. Presence Of Encampments Yielding a High Rate of Police and Fire Calls for Service Impacts Safety of Nearby Residents, Workers, and Visitors and Is Detrimental to Business Operations. For many years, the District 1 Council office has received e-mail complaints about the hazardous street conditions in the Harrison Corridor and the Cedar and Second Street encampments areas. The Harrison Corridor is home to an electric range of businesses and organizations, including Fieldwork Brewing, Boichick Bagels bakery and storefront, Urban Adamah (a Jewish urban farm with programming for children and families), Harrison Skate Park and sports fields, Berkeley Repertory Theater Administrative Offices, Wilderness Travel Tour Agency, The Tile Shop, Blue Willow Teaspot, East Bay Tow Company, The Plant Library, United States Federal Detached Del Unit Post Office, Covenant Winery, Makers Workspace, Griffin Motorwerke and other automotive businesses, and several architecture and landscaping offices. The Cedar and Second Street area is home to manufacturing companies creating in-ground and above ground traffic detection systems, energy gels for endurance athletes, and AI-powered robotics. Industrial businesses in that area include construction companies, large equipment rentals, paper shredding, computer technology, glass installation, cutlery sharpening services, and automotive businesses. Other businesses, such as landscaping, automotive companies and an active travel tour 22 City Manager Dee Williams-Ridly’s August 31, 2023 Off Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts, attached Page 9 of 127 166 CC 10-15-2024 166 of 328 10 company are also located in this area as are single family-homes and residences, starting on Fourth Street. Communications from residents, visitors, and workers in these two areas describe hazards and concerning interactions and behaviors, such as: ●Traffic and Pedestrian Safety. Tents and bulky structures protruding into lanes of traffic; and complete blockage of sidewalks on both sides of the street. ●Pest Control Issues. In July 2022, an organization in close proximity to the Harrison encampment reported rats in their buildings, and a considerable amount of resources expended in addressing pest control issues. The rats also climb into the parked cars and chew on the wiring causing thousands of dollars of damage to people’s cars. ●Fire-Related Concerns. In July 2024, a constituent reported a big dumpster fire that “spewed all kinds of toxic chemicals into the air,” settling onto their property where the operators were conducting outdoor summer programs. In May 2024, two fires in the Cedar and Second Street areas were classified as arson, according to Fire Chief David Sprague.23 Anecdotal Reports Describe Assaults and Other Dangerous Conditions. Residents and employees near the Harrison Corridor and Second and Cedar Street encampments report being chased, yelled at and threatened by encampment residents. One local business, right at the northeast corner of Ninth and Harrison, is familiar with all of the encampment residents due its location. One employee shared in 2022 that their security camera caught on film instances of vandalism: the same individual, an encampment resident at the time, was seen kicking side mirrors off nearby parked cars repeatedly over several days. One employee going to her 4 a.m. shift was robbed at gunpoint when coming to work (2020) while a business owner relayed how a customer was attacked by two people when driving down Eighth just north of Harrison: one stood in front of the car to block it while the other attempted to pull the woman out of her vehicle (2022). In 2021 the office received an email from a Berkeley based business outside of the Gilman District trying to make a delivery to a business at Ninth and Harrison: “Yesterday, my driver told me that the guy threw a bottle of urine on our truck, then threw rocks, and lumber trying to break our windows of the truck. Only after my driver had to show some force and not back down (along with another homeless person helping my driver), did the occupant of the pictured tent leave and allow my driver to do his job.” More recently neighbors in the Cedar and Second Street encampment area wrote with a list of troubling behaviors they had recently witnessed: ●“Barely clothed woman, clearly impaired by drugs, exiting an RV on Cedar between railroad tracks and 4th street. ●Human feces just about anywhere you dare to look. ●Needles on sidewalks and in grass and bushes. ●Drug dealing. ●Infighting among the un-housed people, many times resulting in retaliatory arson. ●Trespassing ●A stabbing.” 23 District 1 e-mail communication with Fire Chief Sprague, May 2024. Page 10 of 127 167 CC 10-15-2024 167 of 328 11 The above examples represent a small fraction of the myriad stories shared with the District 1 Council office. For years, stakeholders in these two areas of West Berkeley have lived and worked alongside a host of dangerous public health and safety hazards. FISCAL IMPACT It is expected that implementation of this encampment policy will result in no net change in staff time. CONTACT Rashi Kesarwani, Councilmember District 1 (510) 981-7110 Attachments: 1)Amendments to Chapter 14.48 (Ordinance No. 7632) on miscellaneous use of streets and sidewalks 2) Administration Regulation 10.1 Temporary Storage of Unattended Property 3) Administrative Regulation 10.2 Regulating Temporary Non-Commercial Objects on Sidewalks and In Parklets Pursuant to BMC 14.48.120 4)City Manager Dee Williams-Ridley’s August 31, 2023 Off-Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts 5) 2nd and Cedar Street, Jones and Page Street encampment map 6) CoB Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration 7)City Manager’s September 30, 2021 After Action Report: Harrison Street Corridor RV Operation 8) Second Street Deep Cleaning - After Action Reports: December 2, 2021 9) Second Street Deep Cleaning - After Action Report April 19, 2022 10)Second Street and Page Encampment Closure - After Action Report November 30, 2022 11)East Side of Page at Second Partial Closure, and Second Street Deep Cleaning Between Cedar and Page - After Action Report March 22, 2023; 12)Second Street Between Page and Cedar, and on Page Street East of Second Street Deep Cleaning - After Action Report May 9, 2023 Page 11 of 127 168 CC 10-15-2024 168 of 328 12 RESOLUTION NO. ##,###-N.S. Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods WHEREAS, offering shelter and housing to homeless individuals is considered a best practice, according to the United States Interagency Council on Addressing Homelessness; and WHEREAS, the City of Berkeley expresses its continued commitment to a Housing First approach, in which we recognize that people experiencing homelessness must first be able to access a decent, safe place to live before stabilizing, improving health, reducing harmful behaviors, or increasing income; and WHEREAS, in 2018, Berkeley voters approved an increase in the real estate transfer tax for the top third of real estate transactions to augment General Fund resources available for homeless services, known as Measure P, which has helped to fund transitional housing motels Berkeley Inn and Campus Hotel (formerly Super 8) and permanent supportive housing sites Golden Bear Homes, The Rodeway Inn, and Step-Up Housing (under construction), and will be considered by the voters for extension in November 2024 as Measure W; and WHEREAS, from 2022 to 2024, the City saw a dramatic 45 percent reduction in street homelessness corresponding with a 54 percent increase in sheltered homelessness, and an overall 21 percent reduction in homelessness, illustrating that the provision of transitional and permanent supportive housing can successfully reduce overall homelessness; and WHEREAS, in 2018, the Ninth Circuit Court of Appeals ruled in Martin v. City of Boise that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property,” which required the City of Berkeley to make a shelter offer in all circumstances; and WHEREAS, the recent Supreme Court decision in Grants Pass v. Johnson overturns the Martin standard, thus giving cities like Berkeley the authority to set a more nuanced encampment policy that considers exigent circumstances of fire, health, and nuisance abatement pursuant to the Berkeley Municipal Code; and WHEREAS, certain encampments have persisted, such as the encampments in the Harrison Corridor (between Ninth and Seventh Streets and Eighth Street north of Harrison), and the Second and Cedar Area (Cedar between Eastshore and Fourth, and Second between Page and Cedar and on Page and Jones west of Fourth), despite documented fire, environmental health, and nuisance hazards as defined in the Berkeley Municipal Code and ongoing exhaustive City staff efforts to offer shelter when available and abate hazards; and WHEREAS, City staff have provided extensive services for individuals sheltering in the Harrison Corridor area, including reserving the 23 rooms at the Campus Hotel (formerly Super 8) for residents of the Harrison corridor. City staff have also provided case management and engagement, abatement of rodent harborage conditions, deep cleaning Page 12 of 127 169 CC 10-15-2024 169 of 328 13 and trash removal four times per week, and basic sanitation services including portapotties, a handwashing station, weekly showers, and laundry services; and WHEREAS, calls for Berkeley Police and Fire service are exceedingly high at both encampment areas with Berkeley Police calls for service at the Harrison encampment during 12 months (August 1, 2023 - July 31, 2024) totaling 252 and at Cedar and Second Streets encampment totaling 369—on average one call every day to day-and-a-half— and calls for Berkeley Fire service totaling 78 and 81, for each encampment respectively, during that same timeframe, with safety impacts for nearby residents, workers, and visitors and detrimental impacts on business operations. NOW THEREFORE, BE IT RESOLVED that the City of Berkeley will continue to offer interim housing (generally a shelter offer, with a preference for non-congregate options) when closing encampments, in accordance with the City’s existing “Housing First” approach and best practices guidance from the federal government; BE IT FURTHER RESOLVED, in the event that the City cannot make a shelter offer, then the City Manager is nonetheless authorized to enforce, including the use of citation and arrest, only under the following circumstances: ●The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, BMC Chapter 19.48; or ●The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or ●The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or ●The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or ●The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section 13.36.045; or ●The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair. BE IT FURTHER RESOLVED, the City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e); or citation and arrest, even if a shelter offer cannot be made. BE IT FURTHER RESOLVED, that the City Council determines that the Harrison Corridor (Harrison Street between Ninth and Seventh Streets, including Eighth Street north of Harrison) and the Second and Cedar area (Second Street between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth) meet all six health and safety exceptions as proscribed by the above-stated policy and should therefore be prioritized for enforcement. Page 13 of 127 170 CC 10-15-2024 170 of 328 Page 1 of 16 ORDINANCE NO. -N.S. AMENDING BERKELEY MUNICIPAL CODE CHAPTER 14.48 BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. That Berkeley Municipal Code Chapter 14.48 is amended as follows: Chapter 14.48 MISCELLANEOUS USE OF STREETS AND SIDEWALKS Sections: 14.48.010 One-way streets. 14.48.020 Obstructions on streets and sidewalks. 14.48.030 Objects in transit. 14.48.040 Construction materials and barricades. 14.48.050 Trees and shrubs. 14.48.060 Poles, hydrants, signs, etc. 14.48.070 Bicycle racks. 14.48.080 Bus benches and bus shelters. 14.48.090 Mail boxes and armed forces recruiting signs. 14.48.100 Newspaper racks and newspapers. 14.48.110 Authorized retail displays. 14.48.120 Temporary Noncommercial Objects. 14.48.130 Decorative noncommercial installations. 14.48.140 Public telephones. 14.48.150 Sidewalk seating, benches and planters. 14.48.160 Removal of obstructions on streets and sidewalks. 14.48.170 Use of streets and sidewalks by vendors. 14.48.180 Trap doors in sidewalks. 14.48.190 Parklets. Page 14 of 127 171 CC 10-15-2024 171 of 328 Page 2 of 16 14.48.010 One-way streets. The City Traffic Engineer is authorized and directed to suitably indicate by appropriate signs those streets or portion of streets designated by resolution of the Council as one-way streets. 14.48.020 Obstructions on streets and sidewalks. It is unlawful for any person to place or cause to be placed anywhere upon any Sidewalk, Parklet or roadway, any object which obstructs, restricts, or prevents the use of any portion of such Sidewalk, Parklet or roadway, except as set forth in this Chapter or in a regulation promulgated by the City Manager and adopted by the City Council. For purposes of this Chapter, Sidewalk is defined as provided in BMC Section 1.04.010(18) as that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. Parklet is defined as provided in BMC Section 14.48.190(B)(4). 14.48.030 Objects in transit. Goods, wares, merchandise, containers, furniture, suitcases and other similar objects in the immediate custody and control of individuals readily able to move or remove such objects may be allowed on the outer one-third of the sidewalk for up to one hour while in the actual course of receipt, delivery, transport, transit or removal. 14.48.040 Construction materials and barricades. Materials used in the construction or repair of any building or structure, together with the necessary pedestrian walkways, barricades and warning signs, when required permits have been obtained from the City. 14.48.050 Trees and shrubs. Trees, shrubs and flowers with the necessary barricades when planted or maintained by the City, or by private parties when expressly allowed by Council action or by the City Manager. Page 15 of 127 172 CC 10-15-2024 172 of 328 Page 3 of 16 14.48.060 Poles, hydrants, signs, etc. Poles, fire and police boxes, lamp posts, parking, street directional or warning signs, parking meters, drinking fountains, poster kiosks, hydrants, flag poles or standards, decorations for public events, sidewalk clocks, refuse cans, book return receptacles, barriers and any other similar installation; provided, however, that any such installation belongs to the City or is authorized by Council action. 14.48.070 Bicycle racks. Bicycle racks of a type and at locations approved by and under such conditions as may be imposed by the City Manager. 14.48.080 Bus benches and bus shelters. Bus benches and bus shelters at such locations and in accordance with such rules and regulations as may be prescribed by the City Manager. 14.48.090 Mail boxes and armed forces recruiting signs. Mail boxes and armed forces recruiting signs that are placed in such locations that they do not interfere with the normal use of the sidewalk by pedestrians. 14.48.100 Newspaper racks and newspapers. Newspaper racks which are installed and maintained in accordance with Chapter 16.40 or Chapter 16.44 of the Berkeley Municipal Code. 14.48.110 Authorized retail displays. Objects such as, but not limited to, tables, chairs, umbrellas and canopies that are permitted pursuant to Chapter 9.48. Page 16 of 127 173 CC 10-15-2024 173 of 328 Page 4 of 16 14.48.120 Temporary Noncommercial Objects. A.  Temporary Noncommercial Objects ("TNC Objects") are personal belongings: 1.  In the immediate custody and control of a person or persons at substantially all times; 2.  Not offered for sale or exchange or involved in the solicitation of money for immediate payment; 3.  Not otherwise prohibited and of a size, weight and quantity that can be easily moved by the owner. 4.  Not furniture. Furniture is only allowed pursuant to BMC Chapter 9.48 or pursuant to BMC § 14.48.030 Objects in Transit. The City Manager may adopt regulations specifying what TNC Objects may be permitted under this Section and where such TNC Objects may be permitted, as well as procedures and limitations to implement this Section. Any such regulation shall contain provisions and shall be applied in such a manner as to ensure that it does not deprive any person of rights protected by the state or federal constitutions, including freedom of expression, and any size limitation contained therein shall not apply to dogs, or to limited cushioning material being used to sit on such as, but not limited to, blankets, cushions or mats. Regulations adopted by the City Manager under this Section shall not take effect until they have been presented to the City Council for approval at a regularly scheduled meeting. B.  After approval by the City Council, tThe City Manager shall ensure that regulations adopted pursuant to this Section are publicized in a manner substantially equivalent to the manner in which ordinances are published, and that materials summarizing such regulations are available for dissemination in Commercial and Manufacturing zones. The City may also post fixed signage in Commercial and Manufacturing zones informing the public of such regulations. C.  No person may be cited for a violation of this Section or the regulations adopted pursuant to it unless that person has first been warned that their conduct is in violation hereof, is allowed a reasonable opportunity to comply but refuses to do so. D.  Violations of this Section or City Manager regulations adopted pursuant to this Section shall be charged as infractions, and not as misdemeanors. 14.48.130 Decorative noncommercial installations. Decorative noncommercial installations subject to the following regulations and requirements: Page 17 of 127 174 CC 10-15-2024 174 of 328 Page 5 of 16 A.  At least six feet of improved sidewalk area measured at right angles to the curb shall be kept open and unobstructed. B.  Such decorative noncommercial installations shall be placed and maintained in the portion of the sidewalk area farthest from the curb; provided, however, that subject to all other conditions herein specified, such installations may be placed and maintained in the portion of the sidewalk area adjacent to the curb if such installations will not interfere with access to or from any parked vehicle and are: 1.  Not closer than twenty-five feet to any curb return or fire hydrant; 2.  Not located adjacent to any commercial or passenger loading zone; 3.  Not closer to the curb than eighteen inches; 4.  Not affixed to any City or utility company-owned poles or appurtenances; 5.  Not mounted in or affixed to the sidewalk; 6.  Not inconsistent with safety, development in the area, or other decorative noncommercial installations. C.  No decorative noncommercial installation shall be placed or maintained in the sidewalk area without a permit therefor. Application for such permit shall be made to the office of the City Manager, who may require as part of the application such information as may be deemed necessary to determine compliance with this Section and other applicable laws and regulations, including but not limited to a scaled site plan, signature of the fronting property owner and permittee, and agreement to indemnify the City as specified in Subsection D. The application shall be referred to the Public Works Department and the Civic Art Commission for review to determine that it is in the public interest to grant the permit, and that the granting thereof will not be detrimental to the public health, safety or general welfare. The permit shall not be granted without the approval of both the Public Works Department and the Civic Art Commission. If such approval is given and the City Manager concurs, the permit shall be granted subject to the conditions hereinabove set forth, and such additional conditions as may reasonably be imposed. Such permit shall be subject to revocation by the City Manager without cause; the decorative noncommercial installation for which the permit has been given shall be removed within ten days after notice. D.  Anyone granted a permit for a decorative noncommercial installation shall agree to indemnify and hold harmless the City, its officers and employees of and from any and all claims, damages or suits that may arise or in any way be occasioned by the granting of the permit or the maintenance of the decorative noncommercial installation permitted thereby. Page 18 of 127 175 CC 10-15-2024 175 of 328 Page 6 of 16 1.  The permittee shall carry liability insurance in the amount of $500,000. E.  For purposes of this Chapter, "Decorative Noncommercial Installations" shall include but are not limited to artwork, planters, and other objects that are placed within the public right-of-way by a private party for the purpose of decoration in a residential, commercial, or industrial district, not for the purpose of advertising, commerce or other economic benefit. F.  Decorative Noncommercial Installations that are not permitted under this Section are prohibited encroachments under 16.18 and shall constitute a public nuisance subject to the remedies in Chapter 1.26. G.  The City Council may by resolution establish fees for the implementation and administration of this Section. 14.48.140 Public telephones. Telephones for public use of a type and at locations approved by and under such conditions as may be imposed by the City Manager. 14.48.150 Sidewalk seating, benches and planters. A.  Notwithstanding anything to the contrary in this Chapter, the City of Berkeley Engineering Division of the Department of Public Works, or its successor, may approve Sidewalk Seating, Benches and/or Planters on sidewalks, parking lanes, street areas, and other public right of way locations as set forth in, and in compliance with, this Section. 1.  No permit may be issued under this Section for any sidewalk area in front of a single parcel if there are any current violations of this Chapter in that sidewalk area. 2.  A permit for Sidewalk Seating, Benches and/or Planters may not be issued unless the business for which the Sidewalk Seating, Benches and/or Planters is/are proposed is in full compliance with Title 23 and any Permit issued thereunder. 3.  Sidewalk Seating and Outdoor Commerce shall require a Sidewalk Seating engineering permit, renewed annually. 4.  Businesses conducting Outdoor Commerce in a parking lane shall additionally pay an annual Outdoor Commerce Use Fee in exchange for using public parking spaces for business operations. Page 19 of 127 176 CC 10-15-2024 176 of 328 Page 7 of 16 5.  Sidewalk Seating shall be permitted in any area of the public right-of-way if City Staff makes a finding that the use of the right-of-way for Sidewalk Seating purposes does not create a dangerous condition for customers, pedestrians, or bicycle or motor vehicle traffic. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate. 6.  Upon termination of any declared City emergency, any Sidewalk Seating present in the public right-of-way and not on the sidewalk shall within (365) days of date of termination either obtain a valid Sidewalk Seating Engineering Permit and pay the Outdoor Commerce Use Fee or be removed from the public right-of-way. B.  For purposes of this Chapter, the following terms shall be defined as follows: 1.  "Bench" means a seat designed for two or more persons. 2.  "Block Face" means one side of one block, e.g., the north side of Center Street between Milvia Street and Shattuck Avenue. 3.  "Bus Bench" means a bench installed and maintained under an agreement between the City, A.C. Transit and Lamar Transit Advertising or another public or semi-public transit provider. 4.  "Commercial Establishment" means, but is not limited to, a place where Business Activity is established. Business activity is defined as any activity subject to BMC Chapter 9.04 and any economic activity which generates receipts but is exempt from BMC Chapter 9.04 by state or federal law. 5.  "District-wide Sidewalk Bench/Planter Area Plan" means a City-approved plan for a specific commercial district as defined in said plan that establishes area-specific regulations for benches, planters and/or plant material, and establishes general regulations for the placement of benches and planters in the public right-of-way, for the designated district. 6.  "District-wide Sidewalk Seating Area Plan" means a City-approved plan for a specific commercial district as defined in said plan that establishes area-specific regulations for sidewalk seating, and establishes general regulations for the placement of sidewalk seating in the public right-of-way, for the designated district. 7.  "Food Service Establishment" has the same meaning as set forth in BMC Chapter 23F.04. 8.  "Furniture" means amenities such as but not limited to tables, chairs, benches, and other equipment that facilitates the stationary use of sidewalk, parking lanes, street area, and other public right of way spaces. Page 20 of 127 177 CC 10-15-2024 177 of 328 Page 8 of 16 9.  "Outdoor Commerce" means Sidewalk Seating in the public right of way. 10.  "Outdoor Commerce Use Fee" means an annual fee for the use of the parking lane for Sidewalk Seating. 11.  "Planter" means a container that is designed or used for growing plants. 12.  "Parking Lane" and "Street Area" are considered to be part of the Public right-of-way (PROW), known as, "any public street, public way, public place or rights-of-way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by City and any privately-owned area within City’s jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by City." as defined in BMC 23F.04.010. 13.  "Sidewalk" has the same meaning as set forth in BMC 1.04.010(18). 14.  "Sidewalk Seating" means tables and/or chairs (including benches) and, umbrellas and other associated furniture with lawfully operating Food Service Establishments or other commercial establishments, in or on the sidewalk. "Sidewalk Seating" includes seating and associated furniture in the public right-of-way or resting on, or projecting into, the sidewalk, parking lane, or street area, or any combination thereof which are not physically or structurally attached to a building, retaining wall or fence. 15.  "Transit Stop" means an AC Transit bus stop, UC Berkeley bus stop, a paratransit bus stop, Bay Area Rapid Transit station entrance, or another public transit provider. 16.  "Window Box Planter" means a box, designed to hold soil for growing plants, attached at or on a windowsill. C.  Sidewalk Seating, Benches and Planters shall fully conform to the following requirements of this subdivision: 1.  Any object permitted under this Section shall leave a minimum horizontal clear space of six feet for ADA-compliant path of travel, (or reduce to 5 feet at a single point of contact) or such greater (or smaller) amount of clear space as the Engineering Division finds necessary to protect and enhance pedestrian and vehicle traffic for public use in the sidewalk area, as that space is determined by the City of Berkeley Engineering Division of the Department of Public Works, or its successor. 2.  Objects permitted under this Section shall not: Page 21 of 127 178 CC 10-15-2024 178 of 328 Page 9 of 16 (a)  Unduly interfere with access by public employees and utility workers to meters, fire hydrants or other objects (street hardware) in the right-of-way; (b)  Block or obstruct the view of necessary authorized traffic devices; (c)  Unduly interfere with pedestrian traffic in the public ROW/sidewalk, pedestrian safety, access to public or private parking, traffic circulation, and/or vehicular safety; (d)  Be closer than 25 feet to any curb return or fire hydrant; except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, Sidewalk Seating, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshal as appropriate; (e)  Be affixed to any City or utility company-owned poles or appurtenances; 3.  All sidewalk seating shall be subject to the following additional standards and requirements: (a)  All Sidewalk Seating configurations shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards. (b)  All Sidewalk Seating components shall be stored in a secure location when not in use. (c)  The permittee shall regularly inspect and clean the Sidewalk Seating and that portion of the public sidewalk adjacent to the establishment. A waste receptacle shall be provided. 4.  All benches and planters shall be subject to the following additional standards and requirements: (a)  All proposals shall comply to the greatest extent possible with any design requirements adopted by the City for benches, planters and/or plant material. D.  All permits issued under this Section shall be subject to the following conditions: 1.  The permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of the area affected by any object(s) permitted by this Section, including any design requirements hereafter enacted, from the building frontage to the curb, parking lane, or street area. 2.  The permittee shall restrict any objects permitted under this Section to the approved location(s) and configuration, and ensure compliance with all applicable laws, and the Page 22 of 127 179 CC 10-15-2024 179 of 328 Page 10 of 16 number of tables and chairs shall not be increased without prior approval of the Public Works or Public Health Department. 3.  When any objects permitted under this Section are found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any existing or proposed City design plans, those objects shall, upon written demand of the City Manager or their designee, be removed or relocated in such a way as to eliminate the conflict. Should the permittee fail to comply with said written demand within a reasonable period of time, the City may cause such relocation of the placement at the expense of the permittee. Any such non-compliance shall also be a violation of this Section. 4.  Permits issued under the Section shall be posted in plain view within the commercial establishment for which the permit has been issued along with any other relevant permits that support health and safety of patrons and the general public. 5.  By accepting a permit under this Section, the permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee’s installation, operation, maintenance or removal of Sidewalk Seating, Furniture, Benches and/or Planters. 6.  Prior to permit approval, the permittee shall demonstrate possession of liability insurance in the amount of $1,000,000 for Benches and Planters, and related Sidewalk Seating furniture. Said insurance shall name the City of Berkeley as additionally insured and shall be in a form acceptable to the City Attorney. 7.  The permittee shall monitor and control the use of the Sidewalk Seating so as to prevent disturbance of the surrounding neighborhood. 8.  A food service establishment that proposes to serve alcoholic beverages within an outdoor dining area shall comply with the standards established by the State of California Department of Alcoholic Beverage Control. The dining area shall be: (a)  Physically defined and clearly part of the commercial establishment it serves; and (b)  Supervised by a commercial establishment employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages. E.  Permits under this Section are not transferable, and must be renewed annually. F.  Sidewalk Seating, Benches, Furniture, and/or Planters that are not permitted under this Section are prohibited encroachments under Chapter 16.18, and shall constitute public nuisances subject to the remedies in Chapter 1.26. Page 23 of 127 180 CC 10-15-2024 180 of 328 Page 11 of 16 G.  The City Council may by resolution establish or waive fees for the implementation and administration of this Section. Outdoor Commerce Use Fees shall be equivalent to the expected block face parking revenue from the parking spaces used by the permittee, and shall be treated as Parking Meter Fund revenue. 14.48.160 Removal of obstructions on streets and sidewalks. Anything placed or permitted to remain upon any sidewalk or roadway in violation of this Chapter, is declared to constitute a nuisance and the City is authorized and empowered to abate such nuisance by removing the same to the custodian of lost property in the Police Department or the Corporation Yard of the City, or other location designated by the City. 14.48.170 Use of streets and sidewalks by vendors. Any properly licensed vendor may use the public streets of the City in commercial or industrial zones for the sale of goods, wares, merchandise, or food when conducted under the conditions stated in this section. A.  Sidewalk vending is permitted as regulated by Chapter 9.48 of the Berkeley Municipal Code. B.  Other street vending is permitted from vehicles which are lawfully parked upon streets which are not regulated by parking meters or other posted parking time limits. C.  It is unlawful for any person to vend in violation of this section. 14.48.180 Trap doors in sidewalks. A.  Trap doors in sidewalks used to cover an opening for an elevator, stairway or chute must be kept in such a condition that they will not endanger persons or property, and it is unlawful for any person owning or being in charge or control of any such doors in sidewalks used for covering entrances to elevators, stairways or chutes, or other openings in the sidewalk leading to the basement, to allow said doors to remain open, except when such elevator, stairway or chute is being used and monitored for pedestrian safety while loading or unloading or transferring of merchandise or material. Page 24 of 127 181 CC 10-15-2024 181 of 328 Page 12 of 16 B.  The requirements of this section shall be in addition to and not in lieu of any other ordinance of the City having to do with doors or other openings in sidewalks. 14.48.190 Parklets. A.  Notwithstanding anything to the contrary in this Chapter, the City of Berkeley Engineering Division of the Department of Public Works, or its successor, may approve Parklets, Benches and/or Planters in the public right of way (excluding Sidewalks alone, which are subject to and governed by Section 14.48.200) as set forth in, and in compliance with, this Section. 1.  No permit may be issued under this Section for any right-of-way area in front of a single parcel if there are any current violations of this Chapter in that right-of-way area. 2.  A permit for a Parklet may not be issued unless the parklet Host is in full compliance with all applicable requirements of Title 23 and any Permit issued thereunder. 3.  A permit for a Parklet may only be issued adjacent to parcels in the following zoning districts: all Commercial (C-prefixed districts), Mixed-Use Light Industrial (MU-LI), Mixed- Use Residential (MU-R), and Mixed Manufacturing (MM). B.  For purposes of this Chapter, the following terms shall be defined as follows: 1.  "Bench" means a seat designed for two or more persons. 2.  "Bike Parking" means a location with bike racks intended for the secure parking of bicycles. 3.  "Furniture" means amenities such as but not limited to tables, chairs, benches, and other equipment that facilitates the stationary use of public space. 4.  "Parklet" means a platform or similar level surface extending into the public right of way with amenities such as but not limited to tables and/or chairs (including Benches), Bike Parking, and umbrellas, designated as public space, located in or on the public right-of-way or resting on, or projecting into, the sidewalk and parking area, which are not physically or structurally attached to a building, retaining wall or fence. Platforms that meet this definition but have received a Sidewalk Seating Permit pursuant to BMC Section 14.48.150 shall not be considered Parklets. 5.  "Planter" means a container that is designed or used for growing plants. 6.  "Sidewalk" has the same meaning as set forth in Section 1.04.010(18). Page 25 of 127 182 CC 10-15-2024 182 of 328 Page 13 of 16 7.  "Sponsoring Business", "Host", "Permit Holder" or "Permittee" means, and is limited to, any establishment engaged in insuring and caring for the Parklet as set forth in the Parklet maintenance agreement. 8.  "Transit Stop" means an AC Transit bus stop, UC Berkeley bus stop, a paratransit bus stop, Bay Area Rapid Transit station entrance, or another public transit provider. C.  Parklets, Benches and Planters shall fully conform to the following requirements of this subdivision: 1.  Any object permitted under this Section shall leave a minimum of clear space as the Engineering Division finds necessary to protect and enhance pedestrian or vehicle traffic for public use in and around the Parklet area, as that space is determined by the City of Berkeley Engineering Division of the Department of Public Works, or its successor. 2.  Parklets shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards. 3.  Objects permitted under this Section shall not: (a)  Unduly interfere with access by public employees and utility workers to meters, fire hydrants or other objects (street hardware) in the right-of-way; (b)  Block or obstruct the view of necessary authorized traffic devices; (c)  Unduly interfere with pedestrian traffic in the right-of-way, including the Sidewalk, pedestrian safety, traffic circulation, and/or vehicular safety; (d)  Be closer than 25 feet to any curb return or fire hydrant; except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, a parklet, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate; (e)  Be affixed to any City or utility company-owned poles or appurtenances; (f)  The width of the Parklet must not extend beyond six feet from the curb line, except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, a Parklet, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate. 4.  All Parklets shall be subject to the following additional standards and requirements: (a)  Parklets must remain publicly accessible and must include signage posted on site to this effect; Page 26 of 127 183 CC 10-15-2024 183 of 328 Page 14 of 16 (b)  Parklet construction materials must be of high quality, durable, and suitable for public use; (c)  A visible edge to the Parklet is required, which may consist of Planters, railing, or cabling. The edges should be visually permeable; (d)  The Permittee shall regularly inspect and clean the Parklet and that portion of the public sidewalk adjacent to the Parklet; (e)  Access panels must be included in order to maintain the gutter and area underneath the Parklet and the design must allow for drainage along the gutter to pass underneath the Parklet; (f)  Safe hit posts and wheel stops, or approved equivalents, may be required. If Bike Parking is provided, the bike racks can be at street grade; 5.  All Benches, Furniture, and Planters within the Parklet shall be subject to the following additional standards and requirements: (a)  All proposals shall comply with any design requirements adopted by the City for Benches, Planters and/or plant material; (b)  All non-secured Parklet components shall be stored in a secure location on private property when not in use; (c)  Any unsecured Furniture must be clearly different from the Furniture used by a Parklet Host in order to emphasize that the Parklet is public space, as determined by City staff; D.  All permits issued under this Section shall be subject to the following conditions: 1.  The Permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of the area affected by any object(s) permitted by this Section, including any design requirements hereafter enacted, from the building frontage to the right-of-way, including the Parklet area. 2.  The Permittee shall restrict any objects permitted under this Section to the approved location(s) and configuration, ensure compliance with all applicable laws, and the number and configuration of Benches, Furniture and Planters and overall square footage of the Parklet shall not be modified without prior approval of the Public Works Department. 3.  When any objects permitted under this Section are found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any Page 27 of 127 184 CC 10-15-2024 184 of 328 Page 15 of 16 existing or proposed City design plans, those objects shall, upon written demand of the City Manager or his or her designee, be removed or relocated in such a way as to eliminate the conflict, at the sole expense of the Permittee. Should the Permittee fail to comply with said written demand within a reasonable period of time, the City may cause such relocation of the placement at the expense of the Permittee. Any such non-compliance shall also be a violation of this Section. 4.  Permits issued under the Section, when under review prior to issuance shall be posted in plain view within the sponsoring establishment(s) for which the permit has been issued. Public notice, permitting, and appeal for Parklets are set forth in BMC Section 16.18.060 (Permit procedure for minor encroachment) of the Berkeley Municipal Code. Section D(4) is not applicable in cases of declared local emergency due to disease outbreak. Upon termination of a declared local emergency due to disease outbreak within 365 days, a permittee must: (a)  pay the permit fee for a minor encroachment and comply with all the requirements of this Section and Section 16.18.060, except that public notice requirements shall not be required; or (b)  apply for a Sidewalk Seating Permit pursuant to BMC Section 14.48.150, and pay initial annual outdoor commerce use fee (the application permit fee for transitioning permits will be waived); or (c)  remove the Parklet from the public right-of-way. 5.  By accepting a permit under this Section, the Permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the Permittee’s installation, operation, maintenance or removal of the Parklet, Benches and/or Planters. 6.  Prior to permit approval, the Permittee shall demonstrate possession of liability insurance, in the amount not less than $1,000,000, for the Parklet including any associated Benches, Planters and Furniture. Said insurance shall name the City of Berkeley as an additional insured and shall be in a form acceptable to the City Attorney. 7.  The City Manager or their designee may require a performance bond to ensure Parklet removal in the event of a permit cancellation. 8.  The Permittee shall monitor and control the use of the Parklet to prevent disturbance of the surrounding neighborhood. Page 28 of 127 185 CC 10-15-2024 185 of 328 Page 16 of 16 9.  A Sponsoring Business or other business is not permitted to perform table service at a Parklet or otherwise incorporate a Parklet into its business operations. Section D(9) is not applicable in cases of declared local emergency due to disease outbreak. 10.  Commercial signage, smoking, and advertising are prohibited at Parklets. E.  Parklets, Benches and/or Planters that are not permitted under this Section are prohibited encroachments under Chapter 16.18, and shall constitute public nuisances subject to the remedies in Chapter 1.26. F.  The City Council may by resolution establish or waive fees and guidelines for the implementation and administration of this Section. Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. Page 29 of 127 186 CC 10-15-2024 186 of 328 Page 30 of 127 187 CC 10-15-2024 187 of 328 Page 31 of 127 188 CC 10-15-2024 188 of 328 Page 32 of 127 189 CC 10-15-2024 189 of 328 Page 33 of 127 190 CC 10-15-2024 190 of 328 CITY OF BERKELEY ADMINISTRATIVE REGULATION A.R. NUMBER: ORIGINAL DATE POSTED DATE PAGE 1 OF 4 Subject: Regulating Temporary Non-Commercial Objects on Sidewalks and in Parklets, Pursuant to BMC§ 14.48.120 PURPOSE 10.2 11/13/18 PAGES This Regulation is intended to protect the City's substantial interests in access and safety on Sidewalks and Parklets for pedestrians and for persons with disabilities, aesthetically pleasing streetscapes, and vital commercial areas, all of which are critical to the City's economic and social well-being, in a manner consistent with the United States and California Constitutions, including the First, Fourth, Eighth, and Fourteenth Amendments. This Regulation provides policy and procedures regarding placing Temporary Noncommercial (TNC) Objects on Sidewalks and Parklets, pursuant to Berkeley Municipal Code (BMC) § 14.48.120. DEFINITIONS "BART Access Corridor" is a Sidewalk, including a wide plaza area, on the same side of the street as a BART Station entrance, within 25 feet of such. entrance. In the downtown area, the BART Access Corridor includes all sidewalk and plaza areas on the west side of Shattuck Avenue from Addison Street to Allston Way. "Parklet" is defined as provided in BMC § 14.48.190. "Path of Travel" is defined as: •For Sidewalks which measure less than fourteen (14) feet in width, the Path of Travel is six (6) feet wide; this 6-foot wide strip is parallel to the curb and the sides of this strip are equidistant from the curb edge of the sidewalk and the edge of private property abutting such sidewalk. •For Sidewalks which measure 14 feet or greater in width, the Path of Travel is ten (10) feet wide; This 10-foot strip is parallel to the curb and the sides of this strip are equidistant from the curb edge of the sidewalk and the edge of private property abutting such sidewalk. "Sidewalk" is defined as provided in BMC§ 1.04.010(18) as that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. "TNC Objects" are defined as provided in BMC § 14.48.120 as personal belongings: 1.In the immediate custody and control of a person or persons at substantially all times; 11/26/18 Page 34 of 127 191 CC 10-15-2024 191 of 328 A.R. NUMBER: 10.2 PAGE 2 of 4 PAGES 2.Not offered for sale or exchange or involved in the solicitation of money for immediate payment; 3.Not otherwise prohibited and of a size, weight and quantity that can be easily moved by the owner. 4.Not furniture. Furniture is only allowed pursuant to BMC Chapter 9.48 or pursuant to BMC§ 14.48.030 for Objects in Transit or BMC§ 14.48.150 for Sidewalk Cafe permits and City-installed furniture. POLICY A.Objects Subject to this Regulation This Regulation applies to all Temporary Noncommercial (TNC) Objects. It does not apply to leafleting, hawking, peddling and similar activities to the extent those activities do not involve the placement of physical objects on the Sidewalk, or to TNC or other objects expressly permitted by the Berkeley Municipal Code. B.TNC Objects Exempt from this Regulation: The following categories of TNC Objects are exempt from this Regulation: 1.Mobility devices in use by pedestrians or individuals in wheelchairs; or 2.Blankets, cushions, mats, or other material providing cushioning ("Cushioning Material") while an individual is seated on such an item, which does not expand beyond 2' x 2' in size and is outside of the Path of Travel. C.Time and Location Requirements for TNC Objects 1.TNC Objects -Residential Districts: TNC Objects are prohibited on Sidewalks in Residential Districts, except Objects in Transit pursuant to BMC § 14.48.030 or as otherwise specifically authorized by the BMC. 2.TNC Objects -Commercial and Manufacturing Districts a.TNC Objects shall not be left unattended for more than 2 hours. b.TNC Objects may not be placed in Parklets. c.TNC Objects must not interfere with access to and use of driveways, crosswalks, bus benches, bus stops, transit stops, bicycle racks, fire hydrants, faucet bibs, Page 35 of 127 192 CC 10-15-2024 192 of 328 A.R. NUMBER: 10.2 PAGE 3 of 4 PAGES utility boxes, public art installations, mailboxes, A TM machines, embedded trap doors, parking meters, parking payment machines, refuse or recycling cans, or pursuant to a City permit, construction materials, newspaper racks, or sidewalk cafe seating. d.TNC Objects may not be placed in a location that interferes with access for individuals with disabilities such as curb and wheelchair ramps, or other features for disability access. e.TNC Objects may not be placed in a location where they would obstruct, restrict, or hinder visibility of traffic devices or signs. f.TNC Objects may not be placed at or adjacent to any blue or white curb. g.TNC Objects may not be placed on a Sidewalk directly in front or within three feet of either side of a building entrance, from the building face to the curb edge of the Sidewalk, except between the hours of 10:00 p.m. and 7:00 a.m., if the building entrance will not be used during that period (i.e., not an apartment building entrance where people may be expected to enter and exit 24/7, and not the entrance to a restaurant or business that is open for customers or deliveries). h.TNC Objects may not be placed within a BART Access Corridor, except objects in transit per 14.48.030 and other objects expressly allowed by the BMC. D.ENFORCEMENT PROCEDURES To the extent possible, given resources, the initial outreach may be made by homeless outreach staff; management and/or enforcement of TNC Objects may be initiated by Code Enforcement and/or Public Works staff. To further implement BMC§§ 14.48.120(C) and (D), the City hereby adopts the following procedures: 1.If TNC Objects or Cushioning Material are located within the Path of Travel or in a BART Access Corridor, they must be immediately moved out of the Path of Travel or BART Access Corridor by their owner upon request of the enforcement officer. Should TNC objects not be immediately moved, such objects can be removed and stored by the City pursuant to BMC § 14.48.160 and Administrative Regulation 10.1, and/or a citation may be issued. 2.For TNC Objects or accumulations of TNC Objects, enforcement of this Regulation shall be a low priority, except when: •TNC Objects have been in the same approximate location for 24 hours or more, Page 36 of 127 193 CC 10-15-2024 193 of 328 A.R. NUMBER: 10.2 PAGE 4 of 4 PAGES •More than two accumulations of TNC Objects occupy a single blockface, or •TNC Objects pose a significant risk to health or safety. •Within 600 feet of a K-12 public or private school with 25 or more students located in a residential district. Enforcement officers may: •Request that TNC Objects be reduced to a 9-square-foot footprint (measured as 3' x 3', 4' x 2.25', 9' x 1 ', etc.) and/or less than 5 feet in height, •Request that TNC Objects be moved to another location, •Subject to the notice requirements below, remove and store TNC Objects pursuant to BMC § 14.48.160 and Administrative Regulation 10.1, or •Issue an administrative citiation or infraction. 3.Except in the case of a significant health or safety risk: Prior to removal of TNC Objects, 24 hour written notice of intent to remove TNC Objects shall be provided, either by attaching such notice to, or directly adjacent to, such TNC Objects, or by providing notice to the owner. Removal of TNC Objects is a low priority between 10:00 p.m. and 7:00 am. INTERPRETATION This Regulation is intended to be consistent with the United States and California constitutions, and in the event a patent or latent ambiguity in this Chapter requires interpretation by the City or a Court, such interpretation shall, to the extent permissible, be consistent with relevant constitutional provisions. RESPONSIBLE DEPARTMENT: Approved by: City Manager BERKELEY CITY COUNCIL on October 16, 2018 TO BE REVISED: As needed Page 37 of 127 194 CC 10-15-2024 194 of 328 ADDENDUM TO ADMINSTRATIVE REGULATION 10.2 In addition to the requirements in Administrative Regulation 10.2, this addendum to Administrative Rule ("AR") 10.2 clarifies an ambiguity in the enforcement provisions therein. AR 10.2 Section D provides: " ... enforcement of TNC Objects may be initiated by Code Enforcement and/or Public Works staff." While the Berkeley Police Department is not mentioned in this enforcement provision, it is not specifically excluded either, and has independent authority to enforce BMC 14.48.020. Other City staff either do not have the authority to issue an infraction citation or do not have the requisite training and experience to do so. Therefore, police officers will also will be needed to help enforce BMC 14.48.020/14.48.120. In light of the above, clarification is needed that police officers are authorized to help enforce BMC 14.48.020 / 14.48.120 with respect to TNC objects unlawfully placed on sidewalks. As such, a police officer is authorized to: •Contact the occupant of a tent or other improvised structure erected on a sidewalk during the day and evening (7:00 a.m. to 10:00 p.m.), warn the person of the violation of BMC 14.48.020 / 14.48.120, and tell the person to take down the tent/improvised structure. •If the person does not comply, the officer may issue an infraction citation. •The officer may also issue a Notice to the person or post a Notice on the tent/improvised structure advising that if the tent or structure is not removed from the sidewalk within 24 hours, it will be removed from the sidewalk pursuant to BMC 14.48.160 and handled in accordance with AR. 10.1 at the Corp Yard. •In no instance will pitched tents/improvised structures be allowed to remain in the Path of Travel on the sidewalk. An officer may move such a tent/structure out of the Path of Travel immediately. As stated in BMC 14.48.020 and AR 10.2, the word sidewalk is defined as "that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians." The dirt planting strip that sometimes exists within the sidewalk along the edge of the curb is part of the sidewalk because it is intended to be used by pedestrians walking to and from a roadway, e.g. to a parked car. RESPONSIBLE DEPARTMENT: Approved by: City Manager TO BE REVISED: As needed Date: Page 38 of 127 195 CC 10-15-2024 195 of 328 Public Office of the City Manager 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: manager@CityofBerkeley.info Website: http://www.CityofBerkeley.info/Manager February 20, 2024 To: Honorable Mayor and Members of the City Council From: Dee Williams-Ridley, City Manager Re: Eighth St and Harrison St Encampment Efforts The purpose of this memo is to inform the Council that the City’s Homeless Response Team (HRT) will be temporarily suspending efforts to resolve the remaining encampments in and around the intersection of Eighth St and Harrison St in Northwest Berkeley until the Court proceedings in two pending cases against the City at this encampment (Prado and Parnell) give us more insight and direction. The memo provides background and rationale behind this difficult decision. The HRT strives to assist people who are homeless primarily through guiding them to housing (interim or permanent) and supportive services, while also ensuring the conditions of their encampments are as safe and clean as possible. The encampments in and around 8th and Harrison Streets in Northwest Berkeley have persistently posed serious health and safety concerns to the residents of the encampments as well as their neighbors, who include both residents and merchants. They have also contributed to public infrastructure damage (damaged and inoperable street lights, damaged sidewalks and street tree wells, dead or dying city trees, etc.) in the area. The HRT’s strategy to resolve this challenging situation is laid out in greater detail below, and has included providing direct access to motels and other indoor solutions, cleaning the area regularly, and attempting to prevent re-encampment and a re-creation of the same problematic concerns and conditions so that infrastructure repairs and construction can commence. The decision to temporarily pause this work will free up resources to more proactively address encampment concerns elsewhere in Berkeley. We will offer interim housing to those who are willing to accept it, and those areas can be more effectively be maintained for a complete resolution. BACKGROUND The encampments in this corridor of the city have, for several years, posed both very dangerous living conditions for the people living in them, and serious impacts to the neighboring businesses, residents, and general public. For years, the City has offered a wide range of both service opportunities and enforcement attempts at this encampment Page 39 of 127 196 CC 10-15-2024 196 of 328 Public Page 2 February 20, 2024 Re: Harrison Street Corridor Encampments to foster safer and healthier conditions. (Both the persistent concerns and our efforts to mitigate them are documented in Attachment 1 to this memo.) However, a number of significant external challenges have consistently hindered the City’s ability to permanently resolve this encampment, including an ever-shifting and uncertain legal landscape in the wake of Ninth Circuit’s Martin v. City of Boise decision 1; suspension of encampment enforcement pursuant to CDC guidance during the height of the global COVID-19 pandemic 2; and federal Coordinated Entry guidance regulating the prioritization of limited permanent supportive housing that is silent on the impacts of encampments.3 At the same time, and largely due to the presence of the encampment, the corridor has seen significant damage to public infrastructure, (including inoperable city streetlights; damaged city sidewalks; damaged tree wells and dead or dying city street trees) that have gone unrepaired. In February 2023, the Neighborhood Services Division in the City Manager’s Office applied for, and was awarded, a State of California Encampment Resolution Fund grant that enabled the City to master lease the Super 8 motel at 1619 University Avenue as a non-congregate shelter destination for individuals in this encampment. Over the spring and early summer, Neighborhood Services conducted an extensive survey of the encampments in the area, generating a census of 51 people living there, and between May and July 2023, the Homeless Response Team conducted three community meetings with the residents, advocates, and service providers in this encampment to explain our plans to target the new Super 8 motel to this encampment and eventually resolve the encampment to perform the infrastructure repairs. In August 2023, the program opened its doors and residents began moving into the shelter. However, despite having non-congregate shelter beds dedicated to this encampment, nearly every effort that the City has made to resolve portions of the encampment have been met with significant opposition and/or legal challenges: • On August 22, 2023, the City attempted to resolve the encampments in and along the northernmost part of 8th St and Codornices Creek from 8th St to 6th St, in accordance with pending construction in the area by the City of Albany; opponents pitched a “sit-in” and the closure was only partially completed (the Creek remains encamped to this day). 1 See: https://cases.justia.com/federal/appellate-courts/ca9/15-35845/15-35845-2019-04- 01.pdf?ts=1554138051 2 See: https://stacks.cdc.gov/view/cdc/107838 3 See https://files.hudexchange.info/resources/documents/Coordinated-Entry-Core-Elements.pdf. In 2023, recognizing the insufficiency of this federal guidance with respect to dangerous encampments, the City of Berkeley sponsored a change in State law, AB 1285 (Wicks), and pressed the Alameda County Continuum of Care (CoC) to prioritize the Harrison St encampments for permanent supportive housing, in a formal memo to the CoC (included here as Attachment 2). On November 8, a subcommittee of the CoC’s Leadership Board voted 7-1 to deny Berkeley’s recommendation to prioritize this encampment (see agenda item 7 in the Nov 8, 2023 minutes of the Outreach, Access, and Coordination Committee). Page 40 of 127 197 CC 10-15-2024 197 of 328 Public Page 3 February 20, 2024 Re: Harrison Street Corridor Encampments • On September 6, 2023, and in response to a formal declaration of the area as an imminent hazard and an order for summary abatement by the City Manager (see Attachment 1), the City attempted to abate the public health and safety hazards on Harrison St between 7th St and 8th St. In response, advocates and residents in the encampment, in collaboration with East Bay Community Law Center and Disability Rights Advocates, filed a lawsuit (Prado v. City of Berkeley) and were granted a temporary restraining order (TRO), enjoining the city from action. The TRO was eventually lifted on September 27, but the numerous conditions simultaneously imposed by the Judge posed significant implementation challenges for the city, such that this health and safety abatement could not be completed until November 7, 2023. Meanwhile, the Prado case is pending. • On November 14, 2023, the City attempted to resolve the encampments along Harrison St from 7th to 8th, but was met with another TRO less than 24 hours before the planned operation. This had the effect of delaying the operation until December 5. • On December 12, the City planned an operation to resolve the encampments along 8th St and along Harrison St from 8th to 9th, both to continue clearing the area for planned street construction as well as to enable adjacent parcel owners to construct a privately-financed fence. Hours into the operation, the City learned that another lawsuit (Parnell v. City of Berkeley) and order to cease and desist had been issued, forcing the City to suspend plans to fence the areas that had been closed that morning (which were re-encamped within minutes of the court’s order). • Between the November 7, 2023 abatement operation and the date of this memo, the temporary fencing designating the area as a pending construction zone has been breached, and the area behind the fencing re-encamped, on several occasions, sometimes within hours of the City’s putting it up. DECISION AND RATIONALE The Homeless Response Team has made the decision to temporarily suspend future efforts to resolve the encampments in this area until the Court proceedings in the two pending cases against the City at this encampment (Prado and Parnell) give us more insight and direction. Because the timing is ultimately in the hands of the Court, we are unable to offer a timeline for when closure, and ultimately the street construction efforts they will precede, can continue. We will continue to serve the people living in these encampments with outreach and service offers; move those who wish to move into shelter indoors, in accordance with available resources; and perform regular clean-ups in the area to manage the footprint of the encampment. These latter efforts are ongoing and they will not stop now. The rationale for this difficult decision is as follows: • Each of these resolution operations required numerous hours of intricate legal, operational, and tactical planning by staff across numerous city departments, and pursuant to numerous case laws, required advanced written notice and careful Page 41 of 127 198 CC 10-15-2024 198 of 328 Public Page 4 February 20, 2024 Re: Harrison Street Corridor Encampments planning on how to sort and store each person’s belongings. Despite all this planning, staff have been met three times with Court orders to cease, hours before or even during the operation, effectively rendering planning efforts moot. If and when the operations do take place, each operation has been a physically and emotionally taxing endeavor for HRT staff, with many hours in the field amidst vehement protest opposition. However, sometimes within days or even hours of completing an operation, the area is re-encamped and/or fencing has been breached and destroyed, putting the City back at square one. We simply do not have the staffing resources to continue these efforts indefinitely. • The City has, since the inception of the Homeless Response Team in September 2021, focused the majority of its time and efforts in the Gilman District. More specifically: o Since September 2021, the Homeless Response Team has performed 106 encampment operations, including closures, deep cleanings, and vehicular enforcement. 28% of all interventions have occurred in the Gilman District. o Since September 2021, the Homeless Response Team has removed 998,060 pounds of debris from encampments around the City. 22% has come from the Gilman District. o Since September 2021, the Homeless Response Team has made 657 offers of shelter/interim housing to people in encampments. 35% of all offers have been given to people living in the Gilman District. The amount of time, resources, and effort given to this area have been immense—frankly, they have exceeded what a City of our size, considered by the State too small to be eligible for direct State homelessness funding, could reasonably be expected to provide. But there are numerous other encampments around the city, including in other historically redlined areas of West and South Berkeley, that need our attention and resources as well. • The District Court has repeatedly required that we hold non-congregate shelter beds open for any closure of these encampments, even though our offers of shelter have been continuously declined, and congregate housing is available. It is unethical to continue to withhold vacant beds from people in other areas of the City who might benefit from them now. (Of lesser importance, beds at the Super 8 motel are paid for by a State grant with aggressive expenditure deadlines, and continuing to keep the beds vacant jeopardizes compliance with the deadlines.) • The Homeless Response Team is a multi-disciplinary, multi-departmental team comprised of staff from numerous departments, including Neighborhood Services; Police; Public Works; Health, Housing and Community Services; Parks, Recreation, and Waterfront; and others as needed. Notably, the HRT is not sufficiently budgeted to pay for dedicated encampment staff from each of these departments; to staff a major encampment operation, the HRT relies on the same Police officers who respond to violent calls for service across the City and the same Public Works staff who perform street construction work. With vacancies in each of these departments hovering at 1 in 5 positions, we do not have the staff Page 42 of 127 199 CC 10-15-2024 199 of 328 Public Page 5 February 20, 2024 Re: Harrison Street Corridor Encampments to perform more than a handful of encampment operations every month, and other health and safety concerns elsewhere in the city need our attention as well. Once again, we will not abandon the Gilman District nor the people living unsheltered in it, and will continue to make every effort to provide available services to those unsheltered here and provide clean-ups in the area as frequently as our resources allow. But we must be realistic about what a City of our size and capacity can accomplish in the wake of so much judicial risk and uncertainty, and the very real costs to limited staff time and budgetary resources this uncertainty poses. If you should have any questions, please do not hesitate to contact Peter Radu, Assistant to the City Manager, at 510-981-7045 or pradu@berkeleyca.gov. cc: Peter Radu, Assistant to the City Manager LaTanya Bellow, Deputy City Manager Anne Cardwell, Deputy City Manager Farimah Brown, City Attorney Andrew Murray, Interim Public Works Director Jennifer Louis, Chief of Police David Sprague, Chief of Fire Matthai Chakko, Assistant to the City Manager Jenny Wong, City Auditor Mark Numainville, City Clerk Page 43 of 127 200 CC 10-15-2024 200 of 328 Office of the City Manager To: Dee Williams-Ridley, City Manager From: Peter Radu, Assistant to the City Manager Date: August 31, 2023 Re: Nuisance Declaration and Summary Abatement of Conditions on Harrison St INTRODUCTION AND HISTORY OF SERVICE EFFORTS The encampments in and around Harrison Street, especially those between 8th and 7th Streets, in West Berkeley have presented ongoing challenges to the City. The City has provided a wide range of services for the residents in this area as well as full scale operations to reduce the debris and dangerous conditions. Since September 2021, when the City first resumed encampment operations after a COVID hiatus, these include: • The placement of a dumpster on 8th St in April 2022, with service 4 times a week, and a second dumpster on 7th and Harrison in August 2023, as well as weekly illegal dumping removal service from the city’s Public Works Department; • The placement of two port-a-potties with wash station located at the corner of Eighth and Harrison St; both are serviced on a regular basis. • Free mobile shower and laundry service to the residents of this encampment on a weekly basis since June 2022. • A major effort to relocate RVs in the area in September and October 2021 to the City’s Safe RV parking program; multiple offers of an off-street parking spot were offered to all 35 vehicles being used as shelter in the encampment, and 18 moved in or voluntarily relocated. • One full closure of the encampment, in February 2022, and 3 partial closures since that time. The full closure in Feb 2022 included motel room offers for everyone living there, using Alameda County Winter Shelter motel vouchers and with an 83% uptake rate. Only two arrests and 0 criminal citations have been issued during these operations. • Nine deep cleanings of the encampment, in which a total of 124.9 tons (249,800 pounds) of debris have been removed, and a major nuisance abatement of rodent harborage conditions in October 2022, in which a total of 32.1 tons (64,200 pounds, or nearly the weight of a humpback whale) of debris were removed. • Multiple targeted treatments by the City’s Environmental Health Division of the extensive network of rodent burrows in and around the encampment, and the provision on numerous occasions of new tents and Sterilite tubs to help maintain cleaner and more rodent-proof conditions. Page 44 of 127 201 CC 10-15-2024 201 of 328 • The provision of 107 shelter offers to the residents in this area, with an 53.3% uptake rate. Not including the major independent effort to resolve the People’s Park encampment with UC Berkeley, this represents 23% of all shelter provisions the City’s Homeless Response Team has made since September 2021. For lack of housing exits, many of those moved into shelter have returned back to this encampment over time. • Weekly by-name case conferences, focusing heavily on this encampment, hosted by the Homeless Response Team and attended by Alameda County Healthcare for the Homeless, Berkeley’s Health, Housing and Community Services Department, Homeless Action Center, Bay Area Community Services (BACS), LifeLong Medical Care, East Bay Community Law Center, Options Recovery Services, Berkeley Mental Health, and Building Opportunities for Self-Sufficiency (BOSS). • Three community meetings (in May and July 2023) between city staff and residents and advocates of the encampment to discuss resources and how to improve safety. All of these services are in addition to the intensive presence of the County’s Street Medicine Teams in the encampment. On June 14, 2023, the City of Berkeley was awarded $4.9M from the State of California’s Encampment Resolution Fund-2 grant program, which the City now uses to master lease the 23-room Super 8 motel on University Avenue and contract with Insight Housing to provide low- barrier, service-rich, noncongregate shelter to the residents of this encampment. Since August 1, the HRT has maintained a daily presence in the area to schedule move-ins and begin assisting people from the encampment into places of greater safety. So far, 14 people have moved into the Super 8 from this encampment, with an additional 4 scheduled; 3 people have been matched directly to permanent supportive housing, and one more has moved into the Berkeley Inn. In addition, the HRT has attempted to foster a more transparent and collaborative working relationship with the residents and advocates of this encampment to maintain cleaner conditions. Since May of 2023, the HRT and the encampment have had three community meetings to discuss the City’s concerns about the conditions, the encampment residents’ stated needs, and how to better work together in maintaining cleaner conditions. These “Good Neighbor Guidelines” are 5 common sense standards which, if maintained, reduce the likelihood of a large city clean-up. Though these Guidelines have not been officially adopted,1 they received a good deal of stated support and understanding from residents themselves in the encampment. ASSESSMENT OF PRESENT ENCAMPMENT CONDITIONS Nevertheless, and despite these numerous efforts, for months (and at present) the HRT continues to observe dead animals, open food sources and spoiled food, used uncapped drug needles, combustible materials like flammable gas containers inside unsafe wooden structures, bottles of urine, human feces, animal feces, soiled clothing and sheltering material, and other unidentifiable liquid and waste products. In addition, the large accumulation of debris and ad-hoc sheltering 1 Advocates in the encampment specifically recommended engaging businesses, housed residents, and other stakeholders for their input before adoption, and so Neighborhood Services will be bringing them to the October 4, 2023 meeting of the Homeless Services Panel of Experts for discussion and a possible referral to the Council or a Council policy subcommittee. Page 45 of 127 202 CC 10-15-2024 202 of 328 structures has completely blocked the sidewalk and extended into the roadway, creating numerous concerning fire and traffic safety hazards. RECOMMENDATION The HRT and City Manager’s Office will continue to work to finalize the Good Neighbor Guidelines for future implementation at encampments around the City and will continue the ongoing process of moving residents inside the new Super 8 or other City shelter resources. The City has also formally engaged the Alameda County CoC with a recommendation to prioritize this encampment for permanent supportive housing referrals, with a memo dated July 20, 2023, and that recommendation is under discussion. In the meanwhile, however, the Berkeley Fire Department and Environmental Health Divisions have observed alarming conditions that justify their declaring Harrison St between 7th and 8th Streets an imminent health hazard (see attached memos and reports). Therefore, to resolve these dangerous nuisance conditions now as we work towards a fuller resolution of the entire encampment in the near future, we recommend a summary nuisance abatement of the encampment conditions Harrison St between 7th and 8th Streets. Respectfully submitted, Peter T Radu Assistant to the City Manager – Neighborhood Services Page 46 of 127 203 CC 10-15-2024 203 of 328 Department of Fire and Emergency Services Division of Fire Prevention & Investigations M E M O R A N D U M Date: August 30, 2023 To: Peter Radu, Assistant to the City Manager, City of Berkeley Neighborhood Services From: Shannon Shaffer-Killey, Fire Prevention Inspector, Berkeley Fire Department Subject: Fire Department Response and Inspection of Encampments at Harrison Street between Seventh and Eighth Streets The Division of Fire Prevention & Investigations reviewed fire-related incidents on Harrison Street between Seventh and Eighth Street in Berkeley, CA. The time period reviewed was from January 2023 through August 28, 2023. The following are the twenty-nine incidents that occurred in the vicinity: Searched under “Harrison, Harrison & 7th, Harrison & 8th” 2023-000068 on 1/02/2023 at 11:08 AM - small fire in the roadway, initially dispatched as encampment fire 2023-000927 on 1/19/2023 at 04:56 PM - contained cooking fire, initially dispatched as a van on fire 2023-000979 on 1/20/2023 at 07:16 PM - pallet on fire 2023-001683 on 2/04/2023 at 04:58 PM - RV fire 2023-002343 on 2/18/2023 at 01:17 PM - trash burning in the middle of the roadway 2023-002665 on 2/25/2023 at 05:20 AM - small encampment fire 2023-004252 on 3/23/2023 at 10:16 PM - rubbish fire 2023-004471 on 3/28/2023 at 04:30 PM - individual burning garbage in the roadway 2023-005720 on 4/23/2023 at 10:30 AM - trash in a BBQ grill 2023-005856 on 4/26/2023 at 02:17 AM - large encampment fire 2023-005909 on 4/27/2023 at 08:15 AM - wood warming fire 2023-006403 on 5/07/2023 at 08:34 AM - multiple warming fires in metal containers next to encampments 2023-008467 on 6/23/2023 at 09:15 AM - cooking fire 2023-008595 on 6/27/2023 at 05:05 AM - mattress fire due to smoking 2023-008618 on 6/27/2023 at 02:46 PM - clothing and garbage burning in roadway 2023-008924 on 7/04/2023 at 07:32 PM - cooking fire in the creek area 2023-009110 on 7/09/2023 at 01:03 AM - dumpster fire 2023-009175 on 7/10/2023 at 12:43 PM - cooking and warming fires Page 47 of 127 204 CC 10-15-2024 204 of 328 2023-009202 on 7/10/2023 at 09:21 PM - Tent fire 2023-009859 on 7/25/2023 at 10:43 AM - barrel fire in the middle of the roadway 2023-010331 on 8/04/2023 at 12:46 PM - large cooking fire in the middle of roadway 2023-010408 on 8/06/2023 at 12:21 PM - debris fire 2023-010455 on 8/07/2023 at 05:55 AM - cooking fire 2023-010609 on 8/10/2023 at 08:23 AM - debris fire in middle of roadway 2023-010662 on 8/11/2023 at 06:54 AM - cooking fire 2023-010800 on 8/14/2023 at 05:20 AM - burning leaves and cardboard in roadway 2023-011051 on 8/19/2023 at 08:07 AM - warming and cooking fire 2023-011078 on 8/19/2023 at 05:49 PM - cooking fire under the brush near creek 2023-011238 on 8/22/2023 at 11:40 AM - tent and surrounding belongings on fire Additionally, on August 23 2023, a joint inspection was completed with Fire Prevention, Homeless Response Team, and Environmental Health to assess the current situation on the north side Harrison St between Seventh and Eighth St. During this inspection, multiple fire and building code violations were identified, and include (but not limited to) the following: 1. Constructing and maintaining this structure constitutes an unlawful act - BFC 112.1 2. The structure does not have adequate fire separation distance and fire-resistive construction to separate it from adjacent property lines and structures - BBC 602 3. As constructed the design, materials, methods of construction, and the structure as a whole have not been approved and do not comply with important provisions of the Berkeley Building Code including Chapter 23, “Wood” of the Berkeley Building Code. 4. Accumulations of combustible waste materials are present in and around the structure and the adjacent encampment areas - BFC 304.1 5. Combustible materials are being stored within ten feet of the lot line - BFC 315.4 The volume of fire-related calls for service in this specific area is unusually high for the time period when compared to similar areas that do not have encampments. Based on the nature of the calls, the great majority of these calls appear to be directly related to human activity, specifically habitation in this area. The number and types of calls combined with the observed code violations are sufficiently concerning for the Berkeley Fire Department to recommend that the encampments on the north side of Harrison St. be abated summarily. This action will significantly reduce the likelihood of severe injury or death from fire, as well as reduce the likelihood of substantial damage to property and public infrastructure. Cc: David Sprague, Fire Chief, Berkeley Fire Department Keith May, Deputy Fire Chief, Berkeley Fire Department Steve Riggs, Fire Marshal, Berkeley Fire Department Attachment: August 23, 2023 Inspection Photos Page 48 of 127 205 CC 10-15-2024 205 of 328 Internal Page 1 of 5 Harrison Street Encampments Location: Northside of Harrison St. between Seventh St. and Eighth St. Berkeley CA Date of Inspection: August 23, 2023 Page 49 of 127 206 CC 10-15-2024 206 of 328 Internal Page 2 of 5 Page 50 of 127 207 CC 10-15-2024 207 of 328 Internal Page 3 of 5 Page 51 of 127 208 CC 10-15-2024 208 of 328 Internal Page 4 of 5 Page 52 of 127 209 CC 10-15-2024 209 of 328 Internal Page 5 of 5 Page 53 of 127 210 CC 10-15-2024 210 of 328 Internal Health, Housing & Community Services Department Environmental Health Division Date: August 30, 2023 To: Peter Radu, Assistant to the City Manager From: Ron Torres, Environmental Health Division Manager cc: Amy Davidson, HHCS Deputy Director Subject: Declaration of Imminent Health Hazard for areas along Harrison St between Seventh and Eighth Street Per your request, Environmental Health staff assessed the conditions of the subject area and found significant areas of concern with regard to the health and safety of the residents in this area and to the public in general. These concerns are included in the attached report which identifies several areas along the north side of Harrison St. I believe that the conditions documented in attached report rise to the level of an imminent health hazard, particularly findings of used syringes, areas where raw sewage was observed and the proliferation of rat burrows all along the Harrison St corridor. Per Section 11.40.030 of the Berkeley Municipal Code, I am recommending to the City Manager that those areas identified in the attached report be summarily abated to minimize the impact to the residents and general public. Page 54 of 127 211 CC 10-15-2024 211 of 328 Internal August 23, 2023 Report of Findings on the Health and Safety Conditions of the Harrison St Corridor between Seventh and Eighth Street, Berkeley, CA Areas inspected by Environmental Health staff are designated as Locations “1”, “2” and “3” above and are detailed on the following pages. 1 2 3 Page 55 of 127 212 CC 10-15-2024 212 of 328 Internal Location 1: Page 56 of 127 213 CC 10-15-2024 213 of 328 Internal Page 57 of 127 214 CC 10-15-2024 214 of 328 Internal Note: The presence of raw sewage and the proliferation of rat burrows due to abundant food sources and harborage are of utmost concern in this area Page 58 of 127 215 CC 10-15-2024 215 of 328 Internal Location 2: Page 59 of 127 216 CC 10-15-2024 216 of 328 Internal Note: the presence of the used hypodermic needles are of utmost concern in this area of the Harrison St corridor Page 60 of 127 217 CC 10-15-2024 217 of 328 Internal Page 61 of 127 218 CC 10-15-2024 218 of 328 Internal Page 62 of 127 219 CC 10-15-2024 219 of 328 Internal Page 63 of 127 220 CC 10-15-2024 220 of 328 Internal Page 64 of 127 221 CC 10-15-2024 221 of 328 Internal Location 3: Page 65 of 127 222 CC 10-15-2024 222 of 328 Internal a. VIOLATIONS: i. BMC 11.32.050. Rodent harborage--Maintenance prohibited. ii. BMC 11.32.070. Accumulations creating rodent harborage prohibited. iii. BMC 11.36.030. Imminent health hazards designated. iv. BMC 17.20.030 No matter other than stormwater may be discharged into the storm drain system. v. BMC 17.20.050 Affirmative duty to prevent contamination of stormwater by pollutants. b. PROPOSED REMEDY: PROPOSED REMEDY: Removal of all debris, food sources, and vehicles. Treat with C02 where necessary. Glossary of Violations: i. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line. ii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.2.2 Pipe and Fittings, 5.2.2.2 Sprinkler piping shall not be used to support non-system components. iii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.4.1 Sprinklers, 5.4.1.7 Sprinklers shall not be altered in any respect or have any type of ornamentation, paint, or coatings applied after shipment from the place of manufacture. iv. California Code of Regulations, Title 19, Division 1, §3.07(a) Clearances. 1. (a) General. No combustible material shall be placed or stored within 10 feet of any building or structure. 2. 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, Page 66 of 127 223 CC 10-15-2024 223 of 328 Internal 3. parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure. v. BFC 114.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. vi. BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare. vii. BFC 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material. viii. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line. ix. BMC 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. x. BMC Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. xi. BMC 11.36.030. Imminent health hazards designated. For the purpose of this chapter, the existence of the following condition is declared to constitute an imminent health hazard: the discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom. xii. BMC 14.48.020. Obstruction on Streets and Sidewalks. It is unlawful for any person to place or cause to be placed anywhere upon any Sidewalk, Parklet or roadway, any object which obstructs, restricts, or prevents the use of any portion of such Sidewalk, Parklet or roadway, except as set forth in this Chapter or in a regulation promulgated by the City Manager and adopted by the City Council. xiii. BMC 17.20.030. No matter other than stormwater may be discharged into the storm drain system. xiv. BMC 17.20.050. Affirmative duty to prevent contamination of stormwater by pollutants--Manner of conducting specified activities. Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce or prevent the contamination of stormwater by pollutants. Such measures shall include, but are not limited to, adherence to the following requirements: (A.) Littering prohibited. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned Page 67 of 127 224 CC 10-15-2024 224 of 328 Internal objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant that enters the storm drain system; provided however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner as provided in Berkeley Municipal Code Chapter 11.16 (Waste Collection and Disposal) or Chapter 12.32 (Refuse Disposal), or the disposal of recycled materials in the manner provided for pursuant to Chapter 12.36 (Recycled Materials Collection Program), or the disposal of garbage, rubbish or other waste in lawfully established dumping grounds. Page 68 of 127 225 CC 10-15-2024 225 of 328 Office of the City Manager To: Members of the Systems Coordination Committee, Alameda County Continuum of Care From: Peter Radu, Assistant to the City Manager, City of Berkeley Date: July 20, 2023 Re: Pilot Approach to Prioritizing Residents of the Harrison Street Encampments in Berkeley RECOMMENDATION The encampments in and around Harrison Street from 10th St to 6th/7th in West Berkeley have presented ongoing challenges to the City of Berkeley, and pose acute threats to the health and safety of the residents living in them. With new State ERF-2 resources and the City Council’s commitment of local resources, the City of Berkeley has an exciting opportunity to resolve one of the most persistently challenging encampments in all of Alameda County. To do so as rapidly and effectively as possible, we respectfully request a partnership with the County and CoC to explicitly prioritize, on a pilot basis, the PSH-eligible residents of this encampment for all new upcoming permanent supportive housing vacancies in the CoC. Beyond the obvious benefits of improved public health and decreased need for costly services in this encampment, we believe that this request is (1) permissible and justified under our CoC’s current Coordinated Entry policies; (2) allowable under federal Fair Housing law; and (3) especially urgent because of the considerable fire and life safety hazards at the encampment. The remainder of this memo outlines the rationale for this recommendation. HISTORY OF SERVICES AND RESOURCES AT THE ENCAMPMENT The City of Berkeley’s Homeless Response Team (HRT) is the multi-departmental team, coordinated by the City Manager’s Office, charged with responding to unsheltered homelessness with resource and shelter offers, and resolving dangerous encampments without the use of citation and arrest. The HRT is committed to the USICH 7 Principles of Encampment Resolution, and has provided countless hours and resources in an attempt to better the lives of those living in this encampment, and better the conditions of the encampment. Since September 2021, when the City first resumed encampment operations after a COVID hiatus, these include: • The placement of a dumpster on 8th St in April 2022, with service 4 times a week, and weekly illegal dumping removal service from the city’s Public Works Department; • The placement of a port-a-potty located at the corner of Eighth and Harrison St. The residents here also have access to another port-a-potty located at Eighth St and the Creek. Both are serviced on a regular basis. Page 69 of 127 226 CC 10-15-2024 226 of 328 • Free mobile shower and laundry service to the residents of this encampment on a weekly basis since June 2022. • A major effort to relocate RVs in the area in September and October 2021 to the City’s Safe RV parking program; multiple offers of an off-street parking spot were offered to all 35 vehicles being used as shelter in the encampment, and 18 moved in or voluntarily relocated. • One full closure of the encampment, in February 2022, and 3 partial closures since that time. The full closure in Feb 2022 included motel room offers for everyone living there, using Alameda County Winter Shelter motel vouchers and with an 83% uptake rate. Only two arrests and 0 criminal citations have been issued during these operations. • Nine deep cleanings of the encampment, in which a total of 124.9 tons (249,800 pounds) of debris have been removed, and a major nuisance abatement of rodent harborage conditions in October 2022, in which a total of 32.1 tons (64,200 pounds, or nearly the weight of a humpback whale) of debris were removed. • Multiple targeted treatments by the City’s Environmental Health Division of the extensive network of rodent burrows in and around the encampment, and the provision on numerous occasions of new tents and Sterilite tubs to help maintain cleaner and more rodent-proof conditions. • The provision of 107 shelter offers to the residents in this area, with an 53.3% uptake rate. Not including the major independent effort to resolve the People’s Park encampment with UC Berkeley, this represents 23% of all shelter provisions the City’s Homeless Response Team has made since September 2021. For lack of housing exits, many of those moved into shelter have returned back to this encampment over time. • Weekly by-name case conferences, focusing heavily on this encampment, hosted by the Homeless Response Team and attended by Alameda County Healthcare for the Homeless, Berkeley’s Health, Housing and Community Services Department, Homeless Action Center, Bay Area Community Services (BACS), LifeLong Medical Care, East Bay Community Law Center, Options Recovery Services, Berkeley Mental Health, and Building Opportunities for Self-Sufficiency (BOSS). • Two community meetings (in May and July 2023) between city staff and residents and advocates of the encampment to discuss resources and how to improve safety. All of these services are in addition to the intensive presence of the County’s Street Medicine Teams in the encampment. Nevertheless, and despite these numerous efforts, for months the HRT has repeatedly observed dead animals, open food sources and spoiled food, used uncapped drug needles, bottles of urine, human feces, animal feces, soiled clothing and sheltering material, and other unidentifiable liquid and waste products. In addition, the large accumulation of debris and ad-hoc sheltering structures has completely blocked the sidewalk and extended into the roadway, creating numerous concerning fire and traffic safety hazards. On June 14, 2023, the City of Berkeley was awarded $4.9M from the State of California’s Encampment Resolution Fund-2 grant program, which the City will use to master lease the 23- room Super 8 motel on University Avenue and contract with Insight Housing to provide low-barrier, service-rich, noncongregate shelter to the residents of this encampment. On June 22, 2023, the Berkeley City Council’s Budget and Finance Policy Committee voted unanimously to approve an additional $5M in City general fund to match this State grant, and on July 11th, the City Council Page 70 of 127 227 CC 10-15-2024 227 of 328 approved the lease, contract, and funding. Altogether, this means Berkeley has everything in place to open this new noncongregate shelter by August 1, and to keep it open for at least four years. Because of the serious and persistent health and safety concerns at this encampment, we will prioritize this new resource to the residents there, with the goal of ultimately resolving the encampment to make way for long-overdue infrastructure repairs and other construction-related activity later this calendar year. W e will also prioritize all North County Coordinated Entry resources, including City-funded housing navigation slots and other services, to this encampment, and we have recently approved an exception to our internal HIPAA Privacy Rule interpretations to allow for need-to-know information sharing with our Mental Health Division to better coordinate mental health resources for the encampment as well. Put simply, the City has done--and with this new State grant, will be doing--everything within our power to prioritize these vulnerable residents for shelter and every other resource at our direct disposal that can improve their lives. However, we do not have the administrative authority to prioritize permanent supportive housing to these residents; by Federal regulation, only the CoC, through the Coordinated Entry process, can prioritize and match permanent supportive housing. RATIONALE FOR RECOMMENDATION Beyond the obvious benefits of improved public health and decreased need for services resources in this encampment, we believe that this request is (1) permissible and justified under our CoC’s current Coordinated Entry policies; (2) allowable under federal Fair Housing law; and (3) especially urgent because of the considerable fire and life safety hazards at the encampment. (1) This request is permissible and justified under our CoC’s current Coordinated Entry policies. From April 19 – May 1 and again from June 14 - 30, 2023, the HRT performed daily outreach to the residents (both in tents and vehicles) at this encampment, with the purposes of building and refining an accurate by-name census of everyone known to be living in the encampment. In addition to allowing us to better serve these residents with tailored outreach, this effort has allowed us to collect both information on Coordinated Entry scores and vulnerabilities, as well as demographics on race, ethnicity and gender at the encampment. Our analyses of these data found 47 total people known to us and our partner providers to be living in this encampment. Of those: • 28 of the 47 residents (59.6%) staying in the Harrison Street encampment have been assessed for Coordinated Entry. • 22 (78.6% of those assessed) qualify for Permanent Supportive Housing (PSH) – i.e., are already on the PSH Priority list. An additional 4 residents (14.3%) qualify for rapid rehousing. • Only 2 residents (7.1%) do not score high enough to qualify for a traditional housing intervention. The chart immediately below provides a breakdown of the assessment scores of those who have been assessed: only five people assessed for Coordinated Entry do not meet the threshold score in our CoC for PSH: Page 71 of 127 228 CC 10-15-2024 228 of 328 In addition, the chart below provides a breakdown of the self-reported vulnerabilities of those in the encampment, relative to the self-reported vulnerabilities in our overall homeless population, showing how disproportionately vulnerable the residents of this encampment are: By all accounts, these are people who would already otherwise be eligible and prioritized for Permanent Supportive Housing in Alameda County. Importantly, this proposal would not make anyone who is not already on the PSH Priority List eligible for permanent supportive housing. 57 57 66 72 75 78 81 81 84 84 84 84 84 84 87 87 90 90 90 93 93 93 93 96 96 99102102 0 20 40 60 80 100 120 Harrison Street Encampment: Resident CES Assessment Scores 51.7% 65.5% 79.3%86.2%82.8% 0.0% 88.9% 18.3% 33.1% 41.4% 62.3% 30.6% 0.8% 24.2% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0% Developmental Health Condition Physical Health Condition Substance Use Condition Mental Health Condition Chronic Health Condition HIV/AIDS Chronically Homeless Harriosn Street Encampments: Resident Disabling Conditions Harrison Street Berkeley PIT Count Page 72 of 127 229 CC 10-15-2024 229 of 328 Instead, it would offer those residents in the encampment census who otherwise are already on the priority list the first referrals to any upcoming permanent housing vacancies. In other words, it would, temporarily and on a pilot basis, limit the County’s priority pool only to those in the encampment census who otherwise qualify for permanent supportive housing under the existing established Federal and CoC Coordinated Entry policies, and keep it that way until everyone has had a housing offer. It does not otherwise change the prioritization algorithm in any way. (2) This request is allowable under Federal Fair Housing law. The essence of Federal Fair Housing law is that housing access must not discriminate against, or cause disproportionate impacts on the basis of, a protected class status. To preempt any Fair Housing concerns associated with the targeting of this encampment for housing resources, the City of Berkeley contacted the HUD Region IX Program Compliance Division for guidance (see Attachment 1). We were advised that such an analysis can be performed by comparing the demographics (race, ethnicity, disability, and gender) of all residents currently living in encampments in the encampment and who are on the PSH priority list to their representation in the North County and Alameda County PSH priority lists, to determine if any protected class groups will be disproportionately impacted by giving a priority or preference to the encampment. To this end, Berkeley staff and our nonprofit contractors spent weeks collecting and compiling into HMIS the demographic data of everyone known to be living in the encampment, and found the following demographics for persons on the priority list within the encampment: 4 2.2 48.1 3.1 5.2 1.8 35.5 2.9 2.5 47.3 3.6 3.8 1.7 38.2 4.5 0 50 0 4.5 0 40.9 0 10 20 30 40 50 60 American Indian, Alaska Native, or Indigenious Asian or Asian American Black, African, or African American Doesn't know/not collected Multi-Racial Native Hawaiian or Pacific Islander White Resident Racial Background Alameda County Housing Queue North County Housing Queue Harrison Street Housing Queue Page 73 of 127 230 CC 10-15-2024 230 of 328 From these analyses, we see no compelling evidence that this proposal would disproportionately impact any protected racial and ethnic classes; if anything, it would better serve Black/African American and Indigenous homeless residents, those races most disproportionately represented in Alameda County’s homeless population and the key focus of the County’s own stated racial equity goals for our homeless response system.1 While the gender distribution in our analyses do reveal a skew towards those identifying as male, we have evidence that this skew is not necessarily a result of the Harrison St demographic make- up per se, but could reflect systematic bias in Coordinated Entry access at this encampment: of 1 See: https://everyonehome.org/wp-content/uploads/2020/10/EveryOneHome_10.20_Summary_FINAL.pdf 1.3 19.1 79.7 2.5 12.4 85.1 0 18.2 81.8 0 10 20 30 40 50 60 70 80 90 Doesn't know/not collected Hispanic/Latin(a)(o)(x)Non-Hispanic/Non-Latin(a)(o)(x) Resident Racial Background Alameda County Housing Queue North County Housing Queue Harrison Street Housing Queue 0.5 0.2 42.5 56.5 0.30.6 0.6 38.9 59.9 000 27.3 72.7 0 0 10 20 30 40 50 60 70 80 A gender other than singularily female Data not collected Female Male Transgender Resident Gender Alameda County Housing Queue North County Housing Queue Harrison Street Housing Queue Page 74 of 127 231 CC 10-15-2024 231 of 328 the 12 residents identifying as female at this encampment, 6 have been assessed for CES and 6 have not (50% of females are assessed). Meanwhile, of the 25 residents identifying as male, 22 have been assessed and 3 have not (88% of males are assessed).2 The overall distribution of females to males in the encampment is closer to 50%, but females are clearly not receiving assessments at the same rate as males—despite a recent sustained “assessment blitz” in early July by the City and its providers to all encampment residents here. Thus, we assert that the slight skew towards males in our analyses do not reflect a Fair Housing concern with the proposal per se, but rather a deeper underlying equity problem in Coordinated Entry access at encampments by gender that is worth further consideration from the CoC, and further underscores the validity of a pilot approach to prioritizing this encampment. (3) This request is especially urgent because of the considerable fire and life safety hazards at the encampment Aside from the fact that these residents are, by and large, already the very residents our Coordinated Entry system would prioritize for permanent supportive housing, they face an unusual exposure to additional health and safety threats simply by virtue of their living in this encampment setting: the area was recently declared an imminent health hazard, pursuant to Berkeley Municipal Code 11.36.030, by the City’s Environmental Health Manager, due primarily to the rodent harborage conditions and extensive network of rodent burrows in the encampment (see attachment 2), and according to the Berkeley Fire Marshal is experiencing an unusually high and concerning number of fires and fire-related calls (see attachment 3). In other words, aside from the documented personal vulnerabilities of the people living in this encampment, they are exposed to unusually intense environmental vulnerabilities. Many years ago, our nation’s health experts realized that health is not simply a factor of personal vulnerabilities; the environment one lives in can expose people to additional health risk factors, and population level health requires the mitigation of environmental risk factors. Indeed, many of our County’s recent public health initiatives have explicitly prioritized communities for interventions on the basis of environmental or geographic risk: most recently, we explicitly prioritized COVID testing and vaccine resources to those ZIP codes most likely to experience socioeconomic conditions, such as crowded housing or employment in an essential service, that made them disproportionately vulnerable to the disease. Ironically, Alameda County homeless service providers often speak about homelessness not just as a housing crisis but a health crisis too, and speak of housing as a healthcare intervention—but we have taken few affirmative steps to explicitly prioritize the environmental factors that also dictate a homeless person’s health when making Coordinated Entry prioritization decisions. If a chief moral imperative of Coordinated Entry in our CoC is to assist those people who are most vulnerable to serious illness and death on the streets, then by any measure — personal or environmental--the residents of this encampment are as or more vulnerable than any in our County. The urgency of their situation, in the opinion of the health and fire experts in our City, should increase their priority for housing. 2 The remaining 10 clients on the census have not provided us with any information as to their gender identity. Page 75 of 127 232 CC 10-15-2024 232 of 328 CONCLUSION The City of Berkeley has done—and with the recent State ERF-2 grant announcement, will do— everything within our power to serve and end the homelessness of those living in the deplorable conditions at the Harrison and 8th St encampments. But we cannot resolve this encampment on our own, which is why we respectfully request a pilot program that would offer these residents — assuming they otherwise qualify for PSH—the first offers for new PSH vacancies, until such time as everyone eligible has been made an offer. Rationing scarce resources efficiently—which is the fundamental essence of Coordinated Entry— requires that we start somewhere. This memo has argued that starting with the residents of the Harrison and 8th Street encampment is justified, legal, and especially urgent. Necessarily, when rationing resources, there will always be “winners” and “losers.” In our current system, residents of entrenched and dangerous encampments have systematically been the “losers” for far too long—and it’s time we put them at the front of the line. Respectfully submitted, Peter T. Radu Assistant to the City Manager - Neighborhood Services City of Berkeley 2180 Milvia St, 5th Floor | Berkeley, CA 94704 Desk: 510-981-7045 | Cell: 510-853-2368 Email: pradu@cityofberkeley.info ATTACHMENTS: 1. Correspondence with HUD Region IX Program Compliance Division on Fair Housing Law analysis guidance, Feb – May 2023 2. Memo from City of Berkeley Environmental Health Division Manager re: Conditions of Imminent Health and Safety Hazards at the Eighth St. and Harrison St. corridor, May 2023 3. Memo from City of Berkeley Deputy Fire Marshall re: Fire Department Incident Responses to Encampment at Harrison, Seventh and Eighth Streets, May 2023 Page 76 of 127 233 CC 10-15-2024 233 of 328 Encampment Map: 2nd St, Page St, Jones St, Cedar St – Berkeley, CA Areas circled in RED are the streets and sidewalks where encampments currently reside. Page 77 of 127 234 CC 10-15-2024 234 of 328 Berkeley Police Department Date: January 10, 2024 To: Peter Radu, Assistant to the City Manager From: Arlo Malmberg, Data and Policy Analyst, Berkeley Police Department Subject: Public Safety Concerns at the 2nd Street Encampment Zone The data from the area bounded by Eastshore Hwy, Cedar St., 3rd St., and Page St. indicates a significant public safety concern, with a marked increase in calls for service and crimes over the past year. In 2023, calls for service jumped to 247 from 169 (+46%) in the previous year, and reported crimes rose to 69 from 60 (+15%). Commercial burglary was the most prevalent crime type, with 27 incidents reported. The data suggests a worsening safety situation, particularly around the 2nd St. encampments. In the opinion of BPD, any resources that can resolve this encampment by moving its residents inside and away from this encampment is likely to improve the public safety issues in this area. 2023: Page 78 of 127 235 CC 10-15-2024 235 of 328 Page 79 of 127 236 CC 10-15-2024 236 of 328 2023: Page 80 of 127 237 CC 10-15-2024 237 of 328 Health, Housing & Community Services Department Environmental Health Division Date: January 12, 2024 To: Peter Radu, Assistant to the City Manager From: Ron Torres, Environmental Health Manager cc: Amy Davidson, HHCS Deputy Director Subject: Declaration of Imminent Health Hazard for areas of Second Street between Page and Cedar Streets Environmental Health staff assessed the conditions of the subject area and found significant areas of concern with regard to the health and safety of the residents in this area and to the public in general. In addition, significant environmental impacts to water quality were observed. These concerns are included in the attached report which identifies several areas along the Second Street corridor between Page and Cedar Streets. I believe that the conditions documented in attached report rise to the level of an imminent health hazard with significant environmental impacts. Findings include: • Used hypodermic needles • Extensive rat burrow systems and harborages with abundant food sources and putrescible waste (rotting food) helping to support a significant rat population • Direct contamination of the of the City’s storm water drainage system To minimize the impact to the residents of this encampment and general public, we strongly recommend prioritizing this encampment for any resources, including the State of California Encampment Resolution Funding program, that can lead to a quick and humane resolution of this encampment and its conditions. Respectfully, Ron Torres Environmental Health Manager Page 81 of 127 238 CC 10-15-2024 238 of 328 City of Berkeley January 4, 2024 2nd St Between Cedar St and Second St 2 3 4 5 6 1 7 8 9 10 11 Page 82 of 127 239 CC 10-15-2024 239 of 328 1. Violations: a. Rodent Harborage: rat burrows PROPOSED REMEDY: Treatment of CO2 (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. b. Rodent harborage - food sources & rubbish (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. Page 83 of 127 240 CC 10-15-2024 240 of 328 Page 84 of 127 241 CC 10-15-2024 241 of 328 2. Violations: Storm Drain with rubbish (BMC) 17.20.030 No matter other than stormwater may be discharged into the storm drain system (BMC) 17.20.050 Affirmative duty to prevent contamination of stormwater by pollutants--Manner of conducting specified activities. Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce or prevent the contamination of stormwater by pollutants. Such measures shall include, but are not limited to, adherence to the following requirements: (A.) Littering prohibited. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant that enters the storm drain system; provided however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner as provided in Berkeley Municipal Code Chapter 11.16 (Waste Collection and Disposal) or Chapter 12.32 (Refuse Disposal), or the disposal of recycled materials in the manner provided for pursuant to Chapter 12.36 (Recycled Materials Collection Program), or the disposal of garbage, rubbish or other waste in lawfully established dumping grounds. Page 85 of 127 242 CC 10-15-2024 242 of 328 3. Violations: Rodent harborage – rat run & burrow PROPOSED REMEDY: Treatment of CO2 (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. 4. Violations: Rodent harborage - food sources & rodent droppings (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. Page 86 of 127 243 CC 10-15-2024 243 of 328 5. Violations Rodent harborage - food sources & rubbish (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. Page 87 of 127 244 CC 10-15-2024 244 of 328 6. Violations: Rodent harborage - rubbish (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. Page 88 of 127 245 CC 10-15-2024 245 of 328 7. Violations a. Rodent Harborage – rubbish (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. Page 89 of 127 246 CC 10-15-2024 246 of 328 8. Violations: Rodent harborage - food sources & rubbish (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. 9. Violations: Rodent Harborage – rubbish Page 90 of 127 247 CC 10-15-2024 247 of 328 (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. 10. Violations Rodent Harborage – rat burrow (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. Page 91 of 127 248 CC 10-15-2024 248 of 328 11. Violations a. Exposed hypodermic syringes (BMC) 11.36.030. Imminent health hazards designated. For the purpose of this chapter, the existence of the following condition is declared to constitute an imminent health hazard: the discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom. Page 92 of 127 249 CC 10-15-2024 249 of 328 b. Rodent Harborage – rubbish, food sources & indications of rat gnawing (BMC) 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. Page 93 of 127 250 CC 10-15-2024 250 of 328 Page 94 of 127 251 CC 10-15-2024 251 of 328 Glossary of Violations: i. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line. ii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.2.2 Pipe and Fittings, 5.2.2.2 Sprinkler piping shall not be used to support non-system components. iii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.4.1 Sprinklers, 5.4.1.7 Sprinklers shall not be altered in any respect or have any type of ornamentation, paint, or coatings applied after shipment from the place of manufacture. iv. California Code of Regulations, Title 19, Division 1, §3.07(a) Clearances. 1. (a) General. No combustible material shall be placed or stored within 10 feet of any building or structure. 2. 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, 3. parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure. v. BFC 114.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. vi. BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare. vii. BFC 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material. viii. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line. ix. BMC 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. x. BMC Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the Page 95 of 127 252 CC 10-15-2024 252 of 328 ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. xi. BMC 11.36.030. Imminent health hazards designated. For the purpose of this chapter, the existence of the following condition is declared to constitute an imminent health hazard: the discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom. xii. BMC 14.48.020. Obstruction on Streets and Sidewalks. It is unlawful for any person to place or cause to be placed anywhere upon any Sidewalk, Parklet or roadway, any object which obstructs, restricts, or prevents the use of any portion of such Sidewalk, Parklet or roadway, except as set forth in this Chapter or in a regulation promulgated by the City Manager and adopted by the City Council. xiii. BMC 17.20.030. No matter other than stormwater may be discharged into the storm drain system xiv. BMC 17.20.050. Affirmative duty to prevent contamination of stormwater by pollutants--Manner of conducting specified activities. Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce or prevent the contamination of stormwater by pollutants. Such measures shall include, but are not limited to, adherence to the following requirements: (A.) Littering prohibited. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant that enters the storm drain system; provided however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner as provided in Berkeley Municipal Code Chapter 11.16 (Waste Collection and Disposal) or Chapter 12.32 (Refuse Disposal), or the disposal of recycled materials in the manner provided for pursuant to Chapter 12.36 (Recycled Materials Collection Program), or the disposal of garbage, rubbish or other waste in lawfully established dumping grounds. Page 96 of 127 253 CC 10-15-2024 253 of 328 1 Fire & Emergency Services Department Fire Prevention Division Date: January 23, 2024 To: Peter Radu, Assistant to the City Manager From: Dori Tieu, Deputy Fire Marshal Subject: Assessment of fire hazards for areas along Second Street between Page and Cedar Streets On January 9, 2024, Berkeley Fire Department Fire Prevention staff assessed fire safety conditions along the Second Street corridor between Page and Cedar Streets, including half the block of Cedar Street west of Second Street. Staff found some areas of concern with regard fire safety in this area and to the public in general. A majority of the concerns were related to storage of combustible items and rubbish along the corridor providing potential fuel for a fire:  BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare.  BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line. There were a handful of fire code violations related to:  BFC 305.1 Clearance from ignition sources. Clearance between ignition sources, such as luminaires, heaters, flame-producing devices and combustible materials, shall be maintained in an approved manner.  BFC 305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property.  BFC 305.5 Unwanted fire ignitions. Acts or processes that have caused repeated ignition of unwanted fires shall be modified to prevent future ignition.  BFC 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.  BFC 507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Environmental Health Division Staff completed an assessment of the same area on January 4, 2024. In their memo to Peter Radu, Assistant to the City Manager, they provided an aerial photo of the area and numbered the locations on the map. Below is the photo that Fire will also reference to in this report. Page 97 of 127 254 CC 10-15-2024 254 of 328 2 2nd St Between Cedar St and Second St 2 3 4 5 6 1 7 8 9 10 11 Page 98 of 127 255 CC 10-15-2024 255 of 328 3 The subsequent photos document examples of the following fire code violations: BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line. Area #11 – Encampments along north side of Page Street, east of Second Street Page 99 of 127 256 CC 10-15-2024 256 of 328 4 Area #11 – Encampments along south side of Page Street, east of Second Street Page 100 of 127 257 CC 10-15-2024 257 of 328 5 Area #10 – Encampment at southeast corner of intersection of Second Street and Page Street Area #4 – Storage area approximately a half block south of Jones Street on east side of Second Street Page 101 of 127 258 CC 10-15-2024 258 of 328 6 Area #4 – Encampments along west side of Second Street, midblock between Jones and Cedar Streets Page 102 of 127 259 CC 10-15-2024 259 of 328 7 Area #1 – Encampments along south side of Cedar Street, west of Second Street Area #1 – Encampments along north side of Cedar Street, west of Second Street Page 103 of 127 260 CC 10-15-2024 260 of 328 8 The following four photos document examples of the following fire code violations: BFC 305.1 Clearance from ignition sources. Clearance between ignition sources, such as luminaires, heaters, flame-producing devices and combustible materials, shall be maintained in an approved manner. BFC 305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. BFC 305.5 Unwanted fire ignitions. Acts or processes that have caused repeated ignition of unwanted fires shall be modified to prevent future ignition. Area #11 – Eastern most encampment along north side of Page Street, east of Second Street Area #11 – Midblock encampment along south side of Page Street, east of Second Street Area #1 – Solar panel charging a DC battery along the north side of Cedar Street, west of Second Street Page 104 of 127 261 CC 10-15-2024 261 of 328 9 The following two photos document examples of the following fire code violations: BFC 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. BFC 507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Area #1 – Encampment at northwest corner of Second Street and Cedar Street intersection There have been multiple fires at abandoned warehouses and nuisance fires in proximity to the encampment. A quick search of fires in 2023 resulted in 20 fires within one to two blocks of the encampment. The most recent building fire occurred on January 13, 2024, at 2:15 AM. It became a two- alarm fire with mutual aid that started as an offensive attack and moved to a defensive attack because of the large size of the fire and heavy content loading inside the building. Embers cast from nearby fires could ignite the combustible materials among the encampment and endanger the residents. The Berkeley Fire Department is concerned about the numerous fire and life safety hazards associated with this encampment, and would recommend prioritizing this encampment for any shelter resources, including the State of California Encampment Resolution Funding program, that can lead to resolution of this encampment and its conditions. We also recommend fire safety education, clean-up of combustible materials, removal of obstructions and tampering of the fire hydrant, and removal of potential ignition sources. We look forward to partnering with you towards a safer future for this encampment Respectfully, Dori Tieu, Deputy Fire Marshal CC: Fire Chief David Sprague Fire Marshal Steve Riggs Fire Prevention Inspector Shannon Shaffer-Killey Fire Prevention Files Page 105 of 127 262 CC 10-15-2024 262 of 328 Harrison Street Corridor RV Operation – Day 1 After Action Report 9/30/21 Harrison between 8th and 7th 8th between Harrison and Gilman Harrison between 9th and 8th SE Corner of 9th and Harrison Page 106 of 127 263 CC 10-15-2024 263 of 328 On Wed, Sept 29, 2021, City staff from Neighborhood Services, Public Works, and BPD including Parking Enforcement collaborated in the first of two planned operations to address the RVs encamped along the Harrison St Corridor and neighboring side streets. The City Attorney signed off on the final notice and advised during the planning process. This report provides a brief after-action summary of the operation and its outcomes: • Reason for operation and timing: o The operation was planned to coincide with the opening of the Safe RV Parking Program on Grayson Street. A deep cleaning of the area’s streets and sidewalks was planned to help reduce/remove the debris associated with the vehicles after vehicles moved into the program. o Vehicles in the area were provided a notice of a street sweeping, TNC regulations, and the City’s storage policy for unattended belongings on Friday, Sept 24th. Temporary tow- away signage for the day and time of the operation (9/29 and 10/6, 7am – 3pm) was posted on Fri, Sept 24th as well. • Number of Vehicles and Brief Site Assessment: o On Sept 23, Neighborhood Services performed a final census of the area. Staff identified 38 oversized vehicles, 35 of which were being used as shelter and potentially eligible for Rv Parking Program referral. o No vehicles that moved into the area after the census were eligible for referral into the program. • History of Outreach/Engagement Attempts: o Outreach began in preparation for the operation in early September. Neighborhood Services performed numerous visits to advise people of the opening of the Safe RV Parking program, build a referral list, and advise residents there of the possibility of impending parking enforcement. • Outcomes: o At the conclusion of yesterday’s operation, Neighborhood Services counted 17 remaining oversized vehicles in the area. This is a roughly 50% reduction in vehicles. The debris/belongings footprint associated with most of the remaining vehicles was substantially reduced. o A total of 23 vehicles were issued citations for parking violations in the street sweeping zone. Six were dismissed when the vehicle moved. One vehicle was towed. No vehicles being used as shelter were towed. o Public Works picked up 3.49 tons of debris from Harrison Street, Ninth Street, Eighth Street, Fourth Street and 2nd Street from Camelia Street to Cedar Street. Harrison Street was mechanically swept and pressure washed. o As of 5:30pm on 9/29, 6 vehicles from the area had moved into the Safe RV Parking Program. The destination for the other vehicles that relocated is unknown at this time. • Next Steps: o City staff will reconvene on Friday, Oct 1 to plan for addressing the remaining vehicles. o The second of the two planned operations will be conducted on Wed., October 6th. Notices will be reposted by Neighborhood Services on Friday, Oct. 1. Page 107 of 127 264 CC 10-15-2024 264 of 328 City Manager’s Office 2nd Street Deep Cleaning - After Action Report 12/2/21 Page Street - Before Page Street - After Page 108 of 127 265 CC 10-15-2024 265 of 328 City Manager’s Office Cedar and 2nd - Cleaned 2nd b/w Camelia and Page - Cleaned On Wednesday, December 1, 2021, City staff from Neighborhood Services, Public Works, and BPD collaborated to perform a deep cleaning of the 2nd Street Corridor from Cedar to Camelia in West Berkeley. The scope of the operation was to remove the huge accumulation of debris in the area, as well as address an encampment on private property on Page between Eastshore and 2nd. No one on public property was required to move or relocate, nor to part with anything they did not want to. This report provides a brief after-action summary of the operation and its outcomes: • Reason for the operation: o A large accumulation of debris, trash, and hazardous materials (large quantities of loose and uncapped syringes, human waste) in the public right of way that required a dedicated crew to fully address. o An encampment that was located on private property, where the owner had submitted trespassing complaints and requested removal of the encampment pursuant to CA Penal Code 602. • Scope of the operation: o The target area was 2nd Street between Camelia and Cedar, as well as an encampment on private property on Page St between 2nd and Eastshore. o The public right of way in the area had roughly 25 RVs and 4 tents/structures on the day of the operation. o The private parcel had 8 tents/structures on the day of the operation. Page 109 of 127 266 CC 10-15-2024 266 of 328 City Manager’s Office • Outcomes: o 7.47 tons (14,900 pounds) of debris were removed from the area. o One referral for an RV (parked adjacent to the private parcel) was made for the Grayson Street Safe Parking Program and was accepted. One RV, known to be unoccupied, was towed. o No arrests/citations were issued. o On the private parcel: ▪ Five tents were unattended and were removed. Nothing was stored as there were serious health hazards including numerous loose and scattered syringes. ▪ Three tents/structures were attended at the time of the operation; two voluntarily relocated. The third did not and so was not removed, and will be addressed at a later time. ▪ Two shelter offers were made to Horizon and one was accepted. Page 110 of 127 267 CC 10-15-2024 267 of 328 City Manager’s Office 2nd Street Deep Cleaning - After Action Report 4/19/22 2nd near Cedar - Before 2nd near Cedar - After 2nd near Jones - Before 2nd near Jones - After Page 111 of 127 268 CC 10-15-2024 268 of 328 City Manager’s Office Page St - Before Page St - After On Tuesday, April 19, 2022 the Homeless Response Team performed a deep cleaning of the 2nd Street Corridor from Cedar to Camelia in West Berkeley. The scope of the operation was to remove the huge accumulation of debris and rodent harborage conditions in the area, which negatively affects both the residents and the surrounding businesses. No one was required to move or relocate, nor to part with anything they did not want to. This report provides a brief after-action summary of the operation and its outcomes: • Scope and Reason for the operation: o The target area was 2nd Street between Camelia and Cedar, as well as Page St between 2nd and Eastshore. o A large accumulation of debris, trash, and hazardous materials (large quantities of loose and uncapped syringes, human waste, appliances, flammable materials like propane tanks and gasoline containers) and rodent harborage conditions (open and rotting food sources) in the public right of way that required a dedicated crew to fully address. o Recent fires in the area (one on the southwest corner of 2nd and Page that destroyed an RV, another on Page St between Eastshore and 2nd) pose safety risks to the unsheltered as well as the surrounding business community. • Outreach/Assessment and Notification Efforts: o Neighborhood Services staff performed a site assessment on April 11 and noted 20 RVs and 8 tents/structures in the target area. On the day of the operation, staff noted 19 RVs and 7 tents/structures. o Written notice was provided to residents in the area on April 12. Page 112 of 127 269 CC 10-15-2024 269 of 328 City Manager’s Office o Outreach was provided by Neighborhood Services on April 12, 13, 15, and 18, to inform residents of the upcoming intervention and make shelter offers. No shelter offers were accepted. o Neighborhood Services also coordinated with Street Medicine staff from LifeLong Medical Care in the week prior to the operation, allowing outreach from trusted (non-City) providers and thus providing additional notice and preparation for the operation. • Outcomes: o 11.67 tons (23,340 pounds) of debris were removed from the area. o Shelter was offered to 2 individuals but it was declined. o Animal Services was engaged to assess two RVs with dogs on Page St, including one with a suspected abandoned/neglected dog inside. Notice was provided and Animal Care Services will continue to engage. o No arrests/citations were issued. Page 113 of 127 270 CC 10-15-2024 270 of 328 City Manager’s Office 2nd Street & Page St Encampment Closure - After Action Report 11/30/22 2nd Between Page and Camelia - Before 2nd Between Page and Camelia - After Page 114 of 127 271 CC 10-15-2024 271 of 328 City Manager’s Office Page St - Before Page St - After On Tuesday, August 31, 2022 the Homeless Response Team (HRT) closed the vehicle and tent encampments along 2nd and Page Streets in West Berkeley. Beginning in September, this area has been undergoing major street and sidewalk construction as part of the Gilman/I-80 interchange project. Phase II of this construction project, which includes 2nd St from Camelia to Page and the north side of Page St from 2nd to Eastshore, is scheduled to begin on December 1. To meet this deadline, the scope of the present operation was to remove all tents and vehicles in the construction corridor. This report provides a brief after-action summary of the operation and its outcomes: • Scope and Reason for the operation: o The target area for the operation was the north side of Page St between Eastshore Hwy to 2nd St, and 2nd St from Page St north to Camelia St. Beginning in September, the greater area has been undergoing major street and sidewalk construction as part of the Gilman/I-80 interchange project, with Phase II in the target area beginning on December 1. Neighborhood Services and Public Works have been coordinating closely with CalTrans on construction phasing and timing. o The target area was found to be in violation of the City’s street and sidewalk policies (BMC sections 14.48.020 and 14.48.120). o Growing accumulation of debris, trash, and hazardous materials (syringes, rodent harborage conditions) in the public right of way. • Brief Site Assessment o The Homeless Response Team has performed numerous assessments of the target area alongside outreach efforts. On both November 15 and Nov 12 (date of first and second rounds of written noticing, respectively), staff observed 6 residents and 4 trailers/RVs, and posted 10-12 written notices. On the day of the operation, staff encountered 6 residents and 3 trailers/RVs remaining in the construction area. Page 115 of 127 272 CC 10-15-2024 272 of 328 City Manager’s Office o The HRT repeatedly observed numerous health and safety violations in the area, including loose and scattered syringes; live and dead rodents and rodent harborage conditions including accumulated trash and debris and open food sources; and debris and belongings, including tents, spilling into the lane of traffic. • Outreach/Assessment and Notification Efforts: o The HRT as well as the City’s contracted homeless providers have provided regular outreach to this area for many months, including garbage service and the provision of a port-a-potty and wash station. o Beginning in August, once the HRT learned of the timeline for construction in the target area, Neighborhood Services convened a weekly case conference of numerous contracted homeless providers and outreach workers, including representatives from HHCS and Alameda County, to build a robust by-name list of everyone in the area, with the goal of (1) connecting them to as many services and housing opportunities as possible; (2) coordinating their care across multiple agencies; and (3) providing thorough and advance notification of the upcoming construction and City encampment interventions to prepare for it. o Two rounds of written notice of the operation were provided to residents in the area (on Nov 15 and 22), providing 2 weeks of formal notice. This was accompanied by outreach to explain the scope and purpose of the operation to residents in the area, along with the distribution of maps to clearly identify the construction zone to be vacated. o No Parking/Tow Away signage was posted on November 23, providing more than 72 hours’ notice. • Outcomes: o All residents, including those living in vehicles, voluntarily relocated by or before the morning of the operation. Shelter was not offered on the morning of the operation, as the population in the area had been previously offered shelter and had all declined. HRT will continue to collaborate with our nonprofit service providers to assist these residents into permanent housing wherever possible and as outreach resources allow. o No vehicles being used as residences were towed, but three passenger vehicles (all unattended and inoperative) were towed to impound, one after having received targeted treatment to abate rodents living in the vehicle. o 5.75 tons (11,500 pounds) of debris were removed from the area. As residents were given ample notice to vacate, as well as some time during the morning of the operation to remove a last round of wanted belongings, no storage for belongings was provided. o No arrests/citations were issued. Page 116 of 127 273 CC 10-15-2024 273 of 328 Homeless Response Team East side of Page at 2nd Partial Closure, and 2nd Street Deep Cleaning Between Cedar and Page - After Action Report 03/22/23 East side of Page at 2nd Street- Before East side of Page at 2nd Street- After 2nd Street – Structural Fire 2nd and Page Street- Burnt RV Page 117 of 127 274 CC 10-15-2024 274 of 328 Homeless Response Team 2nd and Page Street- Stole Vehicle On Wednesday, March 22, 202, the Homeless Response Team performed a Partial closure on the East Side of Page (at 2nd St) and a Deep Cleaning on 2nd Between Cedar and Page. This report provides a brief after-action summary of the operation and its outcomes: Reason for closures and closure’s timing: • East side of Page at 2nd St. o Debris and belongings impeding the vehicular right-of-way; excessive trash and debris. o Impeding access to a gate for a City sanitary sewer construction project. o Violation of Shared Sidewalk Policies (BMC sections 14.48.020 and 14.48.120) • 2nd Street Between Cedar and Page o Debris and belongings impeding the vehicular right-of-way; excessive trash and debris; remains of an RV fire. o Violation of Shared Sidewalk Policies (BMC sections 14.48.020 and 14.48.120) • Final notice of closure was posted on March 17, 2023 for location listed, providing more than 72 hours’ notice. Number of Individuals at the Encampment and Brief Site Assessment: • East Side of Page Street at 2nd St. o Documented conditions of the encampment include: rotting food; loose and scattered syringes; soiled clothing and bedding; dismantled camping gear; evidence of recent fire activity and excessive debris and personal belongings. o The population at this encampment has remained consistent with approximately 6 individuals, all of whom have resided in the area for over a year and was relocated Page 118 of 127 275 CC 10-15-2024 275 of 328 Homeless Response Team from the area of 2nd from Page through Camelia due to construction which began December 2022. • 2nd Street between Cedar and Page o Documented conditions of the encampment include: rotting food; soiled clothing and bedding; dismantled camping gear; evidence of recent fire activity; and excessive debris and personal belongings. o An RV which was burned out completely. o The population at this encampment remained consistent with approximately 15 RV’s parked at the location. However, the area is a highly sought out encampment location due to being less visible. The area does experience a high level of criminal activity in comparison to other encampments throughout the city. History of Outreach/Engagement Attempts and Shelter Placements: • East Side of Page at 2nd St. o Public Works Clean City staff performs weekly cleanings in order to manage the debris and reduce the footprint that builds up quickly and frequently by both the residences of the area and illegal dumping. o Offers of housing coordination with City contractor BACS. o Receives care from Lifelong Medical Street Medicine Team. o Connection with local organizations such as HAC, and Where do we Go Berkeley o HHCS provides a mobile shower and laundry services through Dignity on Wheels resource to all residences in the area. o There has been on going outreach beginning mid- March up until the day of the operation by both Berkeley Police CSB unit and Neighborhood Services staff as a way to gain voluntary compliance. • 2nd street Between Cedar and Page o Neighborhood Services has attempted outreach, but since many reside in RV’s. engagement has not been successful since they indicate they do not consider themselves homeless. o Public Works Clean City staff performs weekly cleaning in order to manage the debris and reduce the footprint that builds up quickly and frequently by both the residences of the area along with illegal dumping. o Receives care from Lifelong Medical Street Medicine Team o Offers of housing coordination with the City contractors BACS o Connection with local organizations such as HAC, and Where do we Go Berkeley. o HHCS provides a mobile shower and laundry service through Dignity on Wheels resources to all residences in the area. Outcomes: Page 119 of 127 276 CC 10-15-2024 276 of 328 Homeless Response Team • East Side of Page at 2nd Street o Upon arrival there had been some voluntary removal. There needed to be a bit more for the sanitary sewer project access gate to be fully accessible for construction equipment to safely come in and out. There was one Berkeley Inn referral to a resident in the area which was accepted. He stated that he would need help transporting his dogs’ belongings which BPD agreed to. He then biked over to the motel where he met with a member of the Neighborhood Services Team and was successfully moved in. While the other residents in the area remained, some did in fact voluntarily reduce their footprint by sorting through belongings and disposing to the Public Works crew. • 2nd Street Between Cedar and Page o Upon arrival previously there had been a fire in the area where a vehicle was completely burned and displaced 3 people. The owner of the vehicle stated the vehicle could be removed he would need a notice of when that was to take place so that he had time to salvage some of his personal belongings he wished to keep, that requested was accepted by the Neighborhood Services Team and he was given notice on 3/17/2023 providing him 6 days to gather what he needed. There was no shelter provided, the owner was able to establish shelter for himself within the corridor. The vehicle was stripped of all the metal and was not in the same condition as it was on the day which notice was provided, this was not done by the owner. It was later during the clean-up that the resident stated he would be utilizing a vehicle on scene to transport the material, but the vehicle was determined to in fact be stolen and the owner of the vehicle was contacted. He came to retrieve the vehicle. The individual originally wanting to utilize the vehicle to transport the material stated he was housed and left the scene. The driver of the stolen vehicle is someone which the Neighborhood Services Team is familiar with and had previously placed into a motel, she had left the scene shortly after arriving stating a claim that she had lost the keys and was going elsewhere to retrieve a spare and never returning while staff was on scene. The frame of the burnt RV was towed after being stripped of debris. o On the East side of 2nd between Page and Cedar there was a makeshift structural shelter made of plywood and pallets which caught fire and was engulfed in flames within a matter of seconds. Fire arrived on scene determined there was no one inside and extinguished the fire. The fire captain expressed his safety concern for the recent fires in the area stating they have been responding to fires in the area daily. • No arrests/citations were issued. • No storage pursuant to AR 10.1 provided. Page 120 of 127 277 CC 10-15-2024 277 of 328 Homeless Response Team • 12.68 tons of debris were removed and discarded by Public Works. Page 121 of 127 278 CC 10-15-2024 278 of 328 Homeless Response Team 2nd St. between Page and Cedar, and on Page St. East of 2nd St. Deep Cleaning - After Action Report 5/9/23 2nd and Cedar- Before 2nd and Cedar- After Page 122 of 127 279 CC 10-15-2024 279 of 328 Homeless Response Team 2nd and Jones (Unsafe Structure)- Before 2nd and Jones (Unsafe Structure)- After 2nd and Jones- Before 2nd and Jones- After Page 123 of 127 280 CC 10-15-2024 280 of 328 Homeless Response Team 2nd and Jones- Before 2nd and Jones- After 2nd and Page (Unsafe Structure)- Before 2nd and Page (Unsafe Structure)- After Page 124 of 127 281 CC 10-15-2024 281 of 328 Homeless Response Team 2nd and Page- Before 2nd and Page- After On Tuesday, May 9, 2023, City staff from Neighborhood Services, Public Works, Fire, Environmental Health and BPD collaborated to perform a deep cleaning of the 2nd Street Corridor from Cedar to Page in West Berkeley. The scope of the operation was to remove the huge accumulation of debris, hazardous materials, and unsafe unpermitted structures. No one was asked to relocate from the area. This report provides a brief after-action summary of the operation and its outcomes: Page 125 of 127 282 CC 10-15-2024 282 of 328 Homeless Response Team Reason for deep cleaning and removal of structures: 2nd St. between Page and Cedar and on Page St. East of 2nd St. o Violation of Shared Sidewalk Policies (BMC sections 14.48.020 and 14.48.120) o Debris and belongings impeding the vehicular right-or-way. o Berkeley Fire Code 114.1.1 Unsafe conditions o Berkeley Fire Code 315.4 outside storage o Berkeley Fire Code 304.2 Storage o Berkeley Fire Code 307.4.3 Portable Outdoor Fireplaces o California Code of Regulations, Title 19, Division 1, §3.07(a) Clearances o Building Code 116.1 o Berkeley Municipal Code 11.36.030 Imminent Health Hazards Designated o Berkeley Municipal Code 17.20.030 o Berkeley Municipal Code 17.20.050 Final Notice of Deep Cleaning was posted May 5, 2023 for the location listed, providing more than 72 hours’ notice. Number of Individuals at the Encampment and Brief Site Assessment: 2nd St. Between Page and Cedar and on Page St. East of 2nd St. o The population of this area has remained consistent with approximately 25 RVs and 8 tents and 4 structures on the day of the operation. However, the area is a highly sought out encampment location due to being les visible, we frequently see new encampment pop up once one relocates others move in within a day or so. o Documented conditions of the encampment including; human waste; rotting food; soiled clothing and bedding; dismantled camping gear; and excessive debris and personal belongings. o Data provided by the Fire Deparments indicates there has been History of Outreach/Engagement Attempts and Shelter Placements: 2nd St. Between Page and Cedar and on Page St. East of 2nd St. o Public Works Department conducts weekly cleanings in order to manage the debris and reduce the footprint that builds up frequently, primarily due to safety concerns of the residents and business whom are impacted due to close proximity and the great concern of rodents which affects their businesses. o Offers of housing coordination with City contractor BACS. o Receives care from Lifelong Medical Street Medicine Team. o Homeless Response Team conducted daily outreach in the are beginning on April 19th. o There was weekly meeting with partner organization in which there was discussion around on how to best serve the population at the encampment. o A community meeting was held on April 21, 2023 in the area of 2nd St. present was City staff (Neighborhood Services Team, Fire, and Environmental Health), Page 126 of 127 283 CC 10-15-2024 283 of 328 Homeless Response Team advocates, and resident as a way we all could best coordinate on best efforts to assist them with the resources required to sustain a safe environment. There was a report provided to all in attendance which was developed by an assessment conducted within the corridor on April 5, 2023 where Fire and Environment Health documented the conditions of the area and determined the desired outcome of the deep cleaning. o Neighborhood Services had tents on hand for the residents whom structures would need to be removed due to Fire recommendations. As a way to mitigate the rodent activity each resident in the corridor received 2 (27 gallon) storage containers where they would be able to store food and other personal belongings. Outcomes: o 10.85 of debris were removed from the area. o One RV parked on the East side of 2nd was towed and one van on the West/North corner of Jones and Eastshore Highway. o Neighborhood Services offered a motel room to a resident whom had previously been on 3rd and Camelia, after several attempts’ appointments made for intake and him being unavailable, the room remained available for him an additional 3 weeks and he successfully moved in on May 9th. o May 3rd a meeting was held with Public Works to discuss placement of a dumpster to reduce the debris in the vehicular right-of way and it was agreed upon that one would be placed at the S/W corner of 2nd and Page St. and would receive service weekly. o No arrests/citations were issued. Page 127 of 127 284 CC 10-15-2024 284 of 328 285 CC 10-15-2024 285 of 328 CITY OF CUPERTINO Agenda Item 24-13308 Agenda Date: 10/15/2024 Agenda #: 7. Subject:Amendments to Cupertino Municipal Code Chapter 2.32 (Planning Commission), Chapter 2.74 (Technology, Information, and Communications Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks System - Rates and Charges). Conduct the first reading of and introduce Ordinance No. 24-2267: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04.” Presenter: Christopher Jensen, City Attorney CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™286 CC 10-15-2024 286 of 328 CITY COUNCIL STAFF REPORT Meeting: October 15, 2024 Subject Amendments to Cupertino Municipal Code Chapter 2.32 (Planning Commission), Chapter 2.74 (Technology, Information, and Communications Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks System – Rates and Charges). Recommended Action Conduct the first reading of and introduce Ordinance No. 24-____: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04.” Reasons for Recommendation The City periodically adopts minor amendments to the Cupertino Municipal Code to reflect changes in law and circumstances and improve the administration of City business. Attachments A and B present proposed amendments to the Municipal Code. The following changes to the Cupertino Municipal Code are recommended:  Chapter 15.04: The proposed ordinance repeals Chapter 15.04 in its entirely because the City does not set rates and charges for use of the Municipal Water System. Rather, the rates are addressed by the lease between the City and San Jose Water Company and are tied to rates set by the California Public Utility Commission.  Section 2.32.060: Minor amendments are proposed to clarify Planning Commission voting requirements; the amendments are declarative of existing law.  Chapter 2.74: Amendments to Chapter 2.74 are proposed to (1) allow non-citizen Cupertino residents to serve as members of the Technology, Information, and Communications Commission (TICC); and (2) modernize the jurisdiction of the TICC to reflect changes in state law, current practices of the Commission, and increased awareness of the risks posed by the misuse of technology. At its 287 CC 10-15-2024 287 of 328 September 25 meeting, the TICC reviewed the proposed amendments to Chapter 2.74 without objection.  Section 2.86.010: Amendments are proposed to conform Section 2.86.010 with other amendments to Chapter 2.86 adopted in March 2024 (Ordinance No. 24- 2256).  Section 11.08.180: Transportation Division staff recommends amending Section 11.08.180 to allow bicycle riding on two sections of sidewalk, to facilitate connectivity to the Regnart Creek Trail.  Section 13.04.020: An amendment is proposed to clarify that the City Manager may delegate authority under Chapter 13.04 to their selected designee (e.g., the Parks and Recreation Director).  Section 13.04.130: An amendment is proposed to prohibit the use of drones in City parks, except in areas designated by the Parks and Recreation Department. Staff recommends that the City Council conduct a first reading and introduce the proposed ordinance. If approved by Council, the ordinance will return for a second reading at the November 4 City Council meeting. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. California Environmental Quality Act Not applicable. _____________________________________ Prepared by: Christopher D. Jensen, City Attorney Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Ordinance No. 24-______ B – Redline of proposed Municipal Code amendments 288 CC 10-15-2024 288 of 328 1 ORDINANCE NO. 24 - ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2.74, 2.86, 11.08, AND 13.04 The City Council of the City of Cupertino finds that: 1. The City Code of the City of Cupertino requires periodic updates in order to improve City operations and bring the Code up to date with current law and policy. 2. This Ordinance makes minor revisions to the Cupertino Municipal Code to reflect changes in law, provide clarification to the community, and provide for improved customer service and administration of City business. NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: Repeal and Adoption. (a) Cupertino Municipal Code Chapter 15.04 is hereby repealed in its entirety. (b) The Cupertino Municipal Code is hereby amended as set forth in Attachment A. SECTION 2: Severability and Continuity. The City Council 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 Council 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. 289 CC 10-15-2024 289 of 328 Ordinance No. 24-___ Page 2 SECTION 3: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 4: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on October 15, 2024 and ENACTED at a regular meeting of the Cupertino City Council on November 4, 2024 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ______________________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: _______________________ Kirsten Squarcia, City Clerk ________________________ Date APPROVED AS TO FORM: _______________________ Christopher D. Jensen, City Attorney ________________________ Date 290 CC 10-15-2024 290 of 328 Page 1 Attachment A – Amendments to Municipal Code Chapters 2.32, 2.74, 2.86, 11.08, and 13.04 1. Amendments to Chapter 2.32: Planning Commission 2.32.060 Amendments–Records. A. The affirmative vote of not less than a majority of its total voting members is required to approve a recommendation to amend the zoning ordinance; a majority vote is required to take any other action. B. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the Council as may be required by ordinance or resolution, and shall submit an annual report to the Mayor. These records shall be filed with the City Clerk. 2. Amendments to Chapter 2.74: Cupertino Technology, Information, and Communications Commission 2.74.010 Established. The Technology, Information, and Communications Commission (formerly Telecommunications Commission of the City) is established and shall consist of five members, none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. All members shall be City of Cupertino residents. Members of the Technology, Information, and Communications Commission shall be appointed by the City Council. . . . . 2.74.060 Duties, Powers and Responsibilities. The Cupertino Technology, Information, and Communications Commission shall have the following duties, powers and responsibilities, and such others as the members shall be entrusted with by the City Council from time to time. The commission shall: 1. Advise the City Council and City Manager on all matters relating to technology, information, and communications within the City of Cupertino; 2. Serve as a liaison between the City, the public and the technology, information, and communications providers in enhancing information and education. Such activities include providing an opportunity for input to residents and disseminating 291 CC 10-15-2024 291 of 328 Ordinance No. 24-___ Page 2 2024 Code Cleanup Ordinance – Page 2 noncommercial, educational materials about technology, information, and communications services; 3. Provide support for community access television, especially public and educational access, and give guidance when needed for development and implementation of access channels and programming; 4. Recommend ways to foster the City’s best use of technology, information, and communications infrastructure and services for the maximum benefit of the community; and 5. Provide education to the community on the responsible and safe use of technology, information, and communications infrastructure and services, including cybersecurity education and best practices. 3. Amendments to Chapter 2.86: Housing Commission 2.86.010 Established–Composition. A. The Housing Commission of the City is established. The Housing Commission shall consist of five members, none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage, to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. All members shall be City of Cupertino residents. Members of the Housing Commission shall be appointed by the City Council. B. The Director of Community Development or their designee shall provide technical assistance to the Commission. 4. Amendments to Chapter 11.08: Bicycles 11.08.180 Exemptions. The prohibition in Section 11.08.160 against riding, using, or operating a bicycle on a sidewalk shall not apply to the following: A. A child age twelve years and under. B. An adult accompanying a child age twelve years and under who is also riding, using, or operating a bicycle. 292 CC 10-15-2024 292 of 328 Ordinance No. 24-___ Page 3 2024 Code Cleanup Ordinance – Page 3 C. Any person riding, using or operating a bicycle on a pedestrian path, unless specifically posted as prohibited. D. Any person riding, using or operating a bicycle on the north side of Pacifica Drive, between Regnart Creek Trail and Torre Avenue. E. Any person riding, using or operating a bicycle on the east side of Finch Avenue, between Tilson Ave and 200 feet north of Calle de Barcelona. 5. Amendments to Chapter 13.04: Parks 13.04.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: A. “Buildings” includes those buildings, or any portion thereof, under the supervision of the parks and recreation department made available to exclusive use permittees. B. “City” means the City of Cupertino. C. “City Manager” means the City Manager of the City of Cupertino or their designee. D. “Park” means a park, reservation, playground, swimming pool, recreation center or any other area in the City, owned or used by the City or county and devoted to active or passive recreations. E. “Permit” means a permit for exclusive use of parks or buildings as provided for and defined in this chapter. F. “Persons” include persons, associations, partnerships, firms and corporations, or any company organization of any kind. G. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment” does not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound amplifying equipment,” as used in this section, does not include warning devices on 293 CC 10-15-2024 293 of 328 Ordinance No. 24-___ Page 4 2024 Code Cleanup Ordinance – Page 4 authorized emergency vehicles or horns or other warning devices of any vehicle used only for traffic safety purposes. H. “Vehicle” means any wheeled conveyance, whether motor-powered, animal- drawn, or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages, wheelchairs, and vehicles in the service of the City parks. I. “Nature and/or rural preserve” means a park so designated by the City Council pursuant to Section 13.04.201. . . . . 13.04.130 Behavior of Persons in Parks. No person in a park shall do any of the following: A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picknickers, who may bring to a park, and drink, beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner; B. Enter or remain in a park while under the influence of intoxicating liquor or any drug; C. Have brought, or have in his possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any ot her substance or compound would be dangerous from any of the foregoing standpoints; D. No person having the control or care of any dog, shall suffer or permit such dog to enter or remain in a park or sport field, unless posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length, unless it is permitted to be off-leash by the City as part of a City-authorized event or program; and the owner and the attendant shall be responsible for any damage caused, in any event, by such dog, even if on leash; E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without a permit to do so from the Director of parks and recreation; 294 CC 10-15-2024 294 of 328 Ordinance No. 24-___ Page 5 2024 Code Cleanup Ordinance – Page 5 F. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefor from the Director; G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet the use of, any area in violation of posted notices; H. Play or bet at or against any game which is played, conducted, dealt, or carried on for money, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City; I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace; J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wild life or to human safety. Shooting into park areas from beyond park boundaries is prohibited; K. Solicit alms or contributions for any purpose, whether public or private, without prior permission from the City Council; L. Use or allow the use of powered model airplanes or drones except in areas so designated by the department of parks and recreation; M. Play or practice golf or use golf clubs in any area of the park not designated for such use; N. Indulge in riotous, boisterous, threatening or indecent conduct. O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed. P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food to any waterfowl (geese, ducks, or coots) in any City park. 295 CC 10-15-2024 295 of 328 1 ORDINANCE NO. 24 - ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2.74, 2.86, 11.08, AND 13.04 The City Council of the City of Cupertino finds that: 1. The City Code of the City of Cupertino requires periodic updates in order to improve City operations and bring the Code up to date with current law and policy. 2. This Ordinance makes minor revisions to the Cupertino Municipal Code to reflect changes in law, provide clarification to the community, and provide for improved customer service and administration of City business. NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: Repeal and Adoption. (a) Cupertino Municipal Code Chapter 15.04 is hereby repealed in its entirety. (b) The Cupertino Municipal Code is hereby amended as set forth in Attachment A. SECTION 2: Severability and Continuity. The City Council 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 Council 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. 296 CC 10-15-2024 296 of 328 Ordinance No. 24-___ Page 2 SECTION 3: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 4: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on October 15, 2024 and ENACTED at a regular meeting of the Cupertino City Council on November 4, 2024 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ______________________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: _______________________ Kirsten Squarcia, City Clerk ________________________ Date APPROVED AS TO FORM: _______________________ Christopher D. Jensen, City Attorney ________________________ Date 297 CC 10-15-2024 297 of 328 Page 1 Attachment A – Amendments to Municipal Code Chapters 2.32, 2.74, 2.86, 11.08, and 13.04 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 (example) and text to be deleted in shown in strikethrough (example). 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. Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text. This ordinance amends several portions of the Municipal Code. For ease of review, the amendments advancing the primary objective are presented first followed by conforming amendments. There is a separate heading in bold italics for each portion of the Code being amended. Each portion is shown beginning on a separate page. 1. Amendments to Chapter 2.32: Planning Commission 2.32.060 Amendments–Records. A. The affirmative vote of not less than a majority of its total voting members is required to approve a recommendation to amend the zoning ordinance; the affirmative vote of a majority vote present with a quorum present is required to take any other action. B. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the Council as may be required by ordinance or resolution, and shall submit an annual report to the Mayor. These records shall be filed with the City Clerk. 2. Amendments to Chapter 2.74: Cupertino Technology, Information, and Communications Commission 2.74.010 Established. The Technology, Information, and Communications Commission (formerly Telecommunications Commission of the City) is established and shall consist of five members from among the qualified electors of the City, none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) 298 CC 10-15-2024 298 of 328 Ordinance No. 24-___ Page 2 2024 Code Cleanup Ordinance – Page 2 assigned to this Commission. All members shall be City of Cupertino residents. Members of the Technology, Information, and Communications Commission shall be appointed by the City Council. . . . . 2.74.060 Duties, Powers and Responsibilities. The Cupertino Technology, Information, and Communications Commission shall have the following duties, powers and responsibilities, and such others as the members shall be entrusted with by the City Council from time to time. The commission shall: 1. Advise the City Council and City Manager on all matters relating to technology, information, and communications within the city City of Cupertino; 2. Evaluate compliance with any franchise or other agreement between the City and technology, information, and communications providers and make recommendations to the City Council; 3. Conduct periodic reviews of technology, information, and communications providers, facilities and products and make recommendations on such subjects to the City Council; 4. Recommend amendments to the City’s telecommunications policy of the City Council; 5.2. Serve as a liaison between the City, the public and the technology, information, and communications providers in enhancing information and education. Such activities include providing an opportunity for input to residents and disseminating noncommercial, educational materials about technology, information, and communications services; 6. At the request of the City Manager, provide assistance in examining methods to obtain equivalent franchise fees or other economic benefits from service providers; 7.3. Provide support for community access television, especially public and educational access, and give guidance when needed for development and implementation of access channels and programming; 299 CC 10-15-2024 299 of 328 Ordinance No. 24-___ Page 3 2024 Code Cleanup Ordinance – Page 3 8.4. Recommend ways to foster the City’s best use of technology, information, and communications infrastructure and services for the maximum benefit of the community.; and 9.5. Provide education to the community on the responsible and safe use of technology, information, and communications infrastructure and services, including cybersecurity education and best practices. 3. Amendments to Chapter 2.86: Housing Commission 2.86.010 Established–Composition. A. The Housing Commission of the City is established. The Housing Commission shall consist of five members, as follows: 1. Representative from a Cupertino business, 2. Four community members, B. The representatives from a Cupertino business and the community members shall not be none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage, to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. All members shall be City of Cupertino residents. Members of the Housing Commission shall be appointed by the City Council. C B. The Director of Community Development, or his or her their designee, shall provide technical assistance to the Commission. 4. Amendments to Chapter 11.08: Bicycles 11.08.180 Exemptions. The prohibition in Section 11.08.160 against riding, using, or operating a bicycle on a sidewalk shall not apply to the following: A. A child age twelve years and under; and. B. An adult accompanying a child age twelve years and under who is also riding, using, or operating a bicycle. 300 CC 10-15-2024 300 of 328 Ordinance No. 24-___ Page 4 2024 Code Cleanup Ordinance – Page 4 C. Any person riding, using or operating a bicycle on a pedestrian path, unless specifically posted as prohibited. D. Any person riding, using or operating a bicycle on the north side of Pacifica Drive, between Regnart Creek Trail and Torre Avenue. E. Any person riding, using or operating a bicycle on the east side of Finch Avenue, between Tilson Ave and 200 feet north of Calle de Barcelona. 5. Amendments to Chapter 13.04: Parks 13.04.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: A. “Buildings” includes those buildings, or any portion thereof, under the supervision of the parks and recreation department made available to exclusive use permittees. B. “City” means the City of Cupertino. C. “City Manager” means the City Manager of the City of Cupertino or their designee. D. “Park” means a park, reservation, playground, swimming pool, recreation center or any other area in the City, owned or used by the City or county and devoted to active or passive recreations. E. “Permit” means a permit for exclusive use of parks or buildings as provided for and defined in this chapter. F. “Persons” include persons, associations, partnerships, firms and corporations, or any company organization of any kind. G. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment” does not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound amplifying equipment,” as used in this section, does not include warning devices on 301 CC 10-15-2024 301 of 328 Ordinance No. 24-___ Page 5 2024 Code Cleanup Ordinance – Page 5 authorized emergency vehicles or horns or other warning devices of any vehicle used only for traffic safety purposes. H. “Vehicle” means any wheeled conveyance, whether motor-powered, animal- drawn, or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages, wheelchairs, and vehicles in the service of the City parks. I. “Nature and/or rural preserve” means a park so designated by the City Council pursuant to Section 13.04.201. . . . . 13.04.130 Behavior of Persons in Parks. No person in a park shall do any of the following: A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picknickers, who may bring to a park, and drink, beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner; B. Enter or remain in a park while under the influence of intoxicating liquor or any drug; C. Have brought, or have in his possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints; D. No person having the control or care of any dog, shall suffer or permit such dog to enter or remain in a park or sport field, unless posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length, unless it is permitted to be off-leash by the City as part of a City-authorized event or program; and the owner and the attendant shall be responsible for any damage caused, in any event, by such dog, even if on leash; E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without a permit to do so from the Director of parks and recreation; 302 CC 10-15-2024 302 of 328 Ordinance No. 24-___ Page 6 2024 Code Cleanup Ordinance – Page 6 F. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefor from the Director; G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet the use of, any area in violation of posted notices; H. Play or bet at or against any game which is played, conducted, dealt, or carried on for money, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City; I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace; J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wild life or to human safety. Shooting into park areas from beyond park boundaries is prohibited; K. Solicit alms or contributions for any purpose, whether public or private, without prior permission from the City Council; L. Use or allow the use of powered model airplanes or drones except in areas so designated by the department of parks and recreation; M. Play or practice golf or use golf clubs in any area of the park not designated for such use; N. Indulge in riotous, boisterous, threatening or indecent conduct. O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed. P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food to any waterfowl (geese, ducks, or coots) in any City park. 303 CC 10-15-2024 303 of 328 CITY OF CUPERTINO Agenda Item 24-13427 Agenda Date: 10/15/2024 Agenda #: 8. Subject: Unassign funds from the Committed Sales Tax Repayment Reserve Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to uncommit $74.5 million dollars from the Sales Tax Repayment Reserve, resulting in those funds becoming unassigned fund balance Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™304 CC 10-15-2024 304 of 328 CITY COUNCIL STAFF REPORT Meeting: October 15, 2024 Subject Unassign funds from the Committed Sales Tax Repayment Reserve Recommended Action Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to uncommit $74.5 million dollars from the Sales Tax Repayment Reserve, resulting in those funds becoming unassigned fund balance Reasons for recommendation The City has reached a settlement with California Department of Tax and Fee Administration (CDTFA) on previously disputed sales and use tax revenues. Background CDTFA is responsible for administering the distribution of sales and use tax in California. Businesses in California must register for a sales tax permit, collect taxes from customers, and report their sales taxes accurately and timely. These taxes, along with information about their allocation to jurisdictions, are then forwarded to the CDTFA, which distributes them to the appropriate jurisdictions. Additionally, the CDTFA conducts audits on businesses to ensure compliance with tax laws and regulations. In October 2023, to prepare for a potential adverse CDTFA decision and the uncertain outcome of the anticipated legal challenge, City staff recommended, and City Council approved the establishment of a committed General Fund Sales Tax Repayment Reserve. Committed fund balance, as described on page 167 of the FY 2024-25 Adopted Budget, “includes amounts that can only be used for the specific purposes determined by formal action of the City’s highest level of decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action that imposed the constraint originally.” 305 CC 10-15-2024 305 of 328 The City Council approved the creation of Sales Tax Repayment Committed Reserve at $56.5 million for the period covering April 2021 through June 30, 2023. In May 2024, City Council approved increasing the reserve to $74.5 million to account for the estimated disputed sales tax to be received through June 30, 2024. In June, the City Council approved changes to the Committed, Unassigned, and Use of One-Time Fund Balance allowing the Sales Tax Repayment Reserve to grow up to $77.6 million, accounting for estimated interest earnings. However, the Council did not take formal action to officially increase the Sales Tax Repayment Reserve at that time or at the start of the current fiscal year. As a result, staff is requesting the $74.5 million, approved by Council as part of the FY2023-24 Third Quarter Financial Report, be uncommitted. On October 2, the City reached a settlement with CDTFA, rendering the maintenance of the Sales Tax Repayment Reserve unnecessary. Staff recommends that City Council uncommit the funds in Sales Tax Repayment Reserve and transfer the funds to the unassigned fund balance. Unassigned fund balance is defined in page 167 of the FY 2024- 25 Final budget as “the residual classification for the General Fund and includes all amounts not contained in other classifications. Unassigned amounts are technically available for any purpose”, and the General Fund is the only fund that would have an unassigned fund balance, as other fund types (e.g., Special Revenue, Debt Service, Capital Projects, Enterprise, and Internal Service) are either restricted, committed, or assigned.” Sustainability Impact No Sustainability Impact. Fiscal Impact Uncommitting the funds does not appropriate the dollars for spending. Council must take formal action as part of the budget process to appropriate the funds for use. Staff will bring a proposed spending plan for these one-time dollars to Council for review and approval as part of the FY 2024-25 First Quarter Financial Report in November. Uncommitted dollars will become unassigned fund balance. Total estimated Fund Balance in the General Fund will remain unchanged from the FY 2024-25 Final Budget at $150.8 million. California Environmental Quality Act Not applicable Not Applicable. Prepared by: Jonathan Orozco, Finance Manager 306 CC 10-15-2024 306 of 328 Reviewed by: Kristina Alfaro, Director of Administrative Services Christopher Jensen, City Attorney Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A - Redlined Policy B - Clean Policy 307 CC 10-15-2024 307 of 328 Committed, Unassigned Fund Balance, and Use of One Time Funds Policy Purpose  To establish assigned and unassigned fund balance and one‐time use policies.  Scope  The General Fund and Capital Funds.  Policy  To maintain sufficient committed and unassigned fund balance (General Fund only) in  each fund for the ability to meet the following economic uncertainties:  Economic Uncertainty Reserve – $21,329,593 and represents two months of General  Fund (GF) expenditures excluding transfers out plus a two year drop in total general fund  revenue of 13% or approximately 1.5 months, excluding the use of reserves. Transfers out  are primarily used to fund Capital Projects and do not represent on‐going expenditures.  This assignment will change from year to year based on budgeted general fund  expenditures and revenues.   Mitigate short‐term economic downturns and volatility in revenues (2 years or  less)   Sustain city services in the event of an emergency   Meet requirements for debt reserves   Meet operating cash flow requirements as a result of delay in the receipt of taxes,  grant proceeds and other operating revenues  Sales Tax  Repayment Reserve – $77,554,500,000 and represents the funds committed for  potential sales tax repayments. The result of the California Department of Tax  and Fee  Administration (CDTFA) audit of a City taxpayer is expected to have significant financial  implications for the City’s operations. To prepare for a potential adverse CDTFA decision  and the uncertain outcome of the anticipated legal challenge, the City established a  General Fund Sales Tax  Repayment Reserve. The purpose of this reserve is to set aside  funds for potential sales tax repayments to the CDTFA. An initial allocation of $56.5  million corresponds to sales tax revenue received between April 2021 and June 2023 that  the City may need to repay to the CDTFA. All or part of the funds will be transferred to  General Fund Unassigned if the City’s efforts to contest CDTFA’s decision are ultimately  successful, in whole or in part.  This reserve can be augmented when additional disputed sales tax revenue is received.  308 CC 10-15-2024 308 of 328 PERS – $19,088,859 and represents the funds restricted for the Cityʹs pension obligations.  In response to the increasing retirement costs based on actuarial forecasts, the City  created a secondary pension trust to help stabilize the impact of pension cost volatility  on the Cityʹs operating budget. To fund this secondary trust, the City made an initial  contribution. After that, the annual contributions are determined based on the difference  between CalPERSʹ current discount rate and a more conservative rate determined by the  City. This difference will then be transferred to the pension trust and used exclusively for  the benefit of members in the plan.  The primary goal of establishing this secondary trust is to ensure that the City can  continue to provide its employees with the retirement benefits they have earned while  maintaining fiscal responsibility. By using a more conservative rate for calculating  contributions, the City can better anticipate and manage pension costs and mitigate  potential negative impacts on the Cityʹs budget.  Funds in this trust are technically “restricted” under Governmental Accounting  Standards Board (GASB) Statement No. 54 in that the funds are legally restricted to be  used for retirement costs; however, the timing for which these funds may be used is only  at the discretion of City Council.                 Sustainability Reserve – Cupertino’s Sustainability Division oversees the City’s Climate  Action Plan (CAP), which defines strategies to reduce greenhouse gas emissions, and  provides residents, businesses and schools with programs and services focused on  energy efficiency, renewable energy, water conservation, alternative transportation and  other sustainable actions. The City receives rebates for projects that successfully meet the  eligibility requirements such as energy or water efficiency. If the rebates were not initially  budgeted, they are categorized as committed fund balance in the General Fund. The  purpose of this reserve is to help support future sustainability projects/programs.    Unassigned – $500,000 and represents 1% of the total general fund operating  budget. This assignment may change from year to year based on budgeted general fund  expenditures.   Absorb unanticipated operating needs that arise during the fiscal year that were  not anticipated during the budget process   Absorb unexpected claims or litigation settlements  Capital Improvement – $5,000,000 and represents average dollars spent for capital  projects in the last three fiscal years. This assignment may change from year to year based  on actuals dollars spent on capital projects and anticipated future capital project needs.   Meet future capital project needs so as to minimize future debt obligations  309 CC 10-15-2024 309 of 328 The City shall not use fund balances/reserves in lieu of revenues to pay for ongoing  expenses except as specifically provided in the City’s reserve policy.  The chart below summarizes reserve policy levels as described above:  Funding  Priority Reserve  Reserve  Level1 Escalator2 Description  GENERAL FUND  1  Economic  Uncertainty  Reserve  $18,000,000   GF Budgeted  Operating  Expenditures3 GF  Budgeted  Revenue4  For economic  downturns and  major revenue  changes.  2  Sales Tax  Repayment  Reserve  $77,554,500  Receipt of  additional sales  tax revenue in  dispute  For potential sales  tax repayments to  the CDTFA.  23 PERS $19,088,859  Budgeted  Citywide  Retirement Costs  For pension costs.  34 Sustainability  Reserve $127,891  GF Budget  Revenue4  For future  sustainability  projects/programs.  45 Unassigned $500,000   Budgeted GF  Operating  Expenditures3  For mid‐year  budget  adjustments and  redeployment into  the five year  budget.  CAPITAL PROJECTS FUNDS  6 Capital  Improvement  $5,000,000  None  Reserves set aside  for future capital  projects.  310 CC 10-15-2024 310 of 328   1 As of June 30, 2023  2 Rounded to the nearest hundred thousand  3 Excludes Transfers Out  4 Excludes the use of reserves     Changes to Committed Fund Balance – All reserves listed in this policy, with the  exception of the PERS restricted reserve, are classified as Committed Fund Balance under  GASB Statement No. 54. Committed fund balance is comprised of amounts that can be  used only for the specific purposes determined by a formal action of the government’s  highest level of decision‐making authority. Changes to committed fund balances must be  approved by City Council. This policy will be reviewed annually as part of the budget  process.  Replenishment process – Should the City need to utilize any of the committed fund  balances listed in this policy, a recommendation will be brought to City Council for  approval and a plan to replenish the committed balance will be developed in conjunction  with its use.  Excess – Funding of these reserves will come generally from one‐time revenues, annual  net income, and transfers from other reserves that exceed policy levels. They will be  funded in the following priority order with any remaining funds to be placed in the  Capital Reserve:   1) Economic Uncertainty Reserve  2) Sales Tax Repayment Reserve  23) PERS  34) Sustainability Reserve  45) Unassigned     Revised May 1, 2024October 15, 2024    311 CC 10-15-2024 311 of 328 Committed, Unassigned Fund Balance, and Use of One Time Funds Policy Purpose To establish assigned and unassigned fund balance and one-time use policies. Scope The General Fund and Capital Funds. Policy To maintain sufficient committed and unassigned fund balance (General Fund only) in each fund for the ability to meet the following economic uncertainties: Economic Uncertainty Reserve – $21,329,593 and represents two months of General Fund (GF) expenditures excluding transfers out plus a two year drop in total general fund revenue of 13% or approximately 1.5 months, excluding the use of reserves. Transfers out are primarily used to fund Capital Projects and do not represent on-going expenditures. This assignment will change from year to year based on budgeted general fund expenditures and revenues.  Mitigate short-term economic downturns and volatility in revenues (2 years or less)  Sustain city services in the event of an emergency  Meet requirements for debt reserves  Meet operating cash flow requirements as a result of delay in the receipt of taxes, grant proceeds and other operating revenues PERS – $19,088,859 and represents the funds restricted for the City's pension obligations. In response to the increasing retirement costs based on actuarial forecasts, the City created a secondary pension trust to help stabilize the impact of pension cost volatility on the City's operating budget. To fund this seco ndary trust, the City made an initial contribution. After that, the annual contributions are determined based on the difference between CalPERS' current discount rate and a more conservative rate determined by the City. This difference will then be transferred to the pension trust and used exclusively for the benefit of members in the plan. The primary goal of establishing this secondary trust is to ensure that the City can continue to provide its employees with the retirement benefits they have earned whil e maintaining fiscal responsibility. By using a more conservative rate for calculating 312 CC 10-15-2024 312 of 328 contributions, the City can better anticipate and manage pension costs and mitigate potential negative impacts on the City's budget. Funds in this trust are technically “restricted” under Governmental Accounting Standards Board (GASB) Statement No. 54 in that the funds are legally restricted to be used for retirement costs; however, the timing for which these funds may be used is only at the discretion of City Council. Sustainability Reserve – Cupertino’s Sustainability Division oversees the City’s Climate Action Plan (CAP), which defines strategies to reduce greenhouse gas emissions, and provides residents, businesses and schools with programs and services focused on energy efficiency, renewable energy, water conservation, alternative transportation and other sustainable actions. The City receives rebates for projects that successfully meet the eligibility requirements such as energy or water efficiency. If the rebates were not initially budgeted, they are categorized as committed fund balance in the General Fund. The purpose of this reserve is to help support future sustainability projects/programs. Unassigned – $500,000 and represents 1% of the total general fund operating budget. This assignment may change from year to year based on budgeted general fund expenditures.  Absorb unanticipated operating needs that arise during the fiscal year that were not anticipated during the budget process  Absorb unexpected claims or litigation settlements Capital Improvement – $5,000,000 and represents average dollars spent for capital projects in the last three fiscal years. This assignment may change from year to year based on actuals dollars spent on capital projects and anticipated future capital project needs.  Meet future capital project needs so as to minimize future debt obligations The City shall not use fund balances/reserves in lieu of revenues to pay for ongoing expenses except as specifically provided in the City’s reserve policy. 313 CC 10-15-2024 313 of 328 The chart below summarizes reserve policy levels as described above: Funding Priority Reserve Reserve Level1 Escalator2 Description GENERAL FUND 1 Economic Uncertainty Reserve $18,000,000 GF Budgeted Operating Expenditures3 GF Budgeted Revenue4 For economic downturns and major revenue changes. 2 PERS $19,088,859 Budgeted Citywide Retirement Costs For pension costs. 3 Sustainability Reserve $127,891 GF Budget Revenue4 For future sustainability projects/programs. 4 Unassigned $500,000 Budgeted GF Operating Expenditures3 For mid-year budget adjustments and redeployment into the five year budget. CAPITAL PROJECTS FUNDS 6 Capital Improvement $5,000,000 None Reserves set aside for future capital projects. 1 As of June 30, 2023 2 Rounded to the nearest hundred thousand 3 Excludes Transfers Out 4 Excludes the use of reserves 314 CC 10-15-2024 314 of 328 Changes to Committed Fund Balance – All reserves listed in this policy, with the exception of the PERS restricted reserve, are classified as Committed Fund Balance under GASB Statement No. 54. Committed fund balance is comprised of amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision-making authority. Changes to committed fund balances must be approved by City Council. This policy will be reviewed annually as part of the budget process. Replenishment process – Should the City need to utilize any of the committed fund balances listed in this policy, a recommendation will be brought to City Council for approval and a plan to replenish the committed balance will be developed in conjunction with its use. Excess – Funding of these reserves will come generally from one-time revenues, annual net income, and transfers from other reserves that exceed policy levels. They will be funded in the following priority order with any remaining funds to be placed in the Capital Reserve: 1) Economic Uncertainty Reserve 2) PERS 3) Sustainability Reserve 4) Unassigned Revised October 15, 2024 315 CC 10-15-2024 315 of 328 CITY OF CUPERTINO Agenda Item 23-12685 Agenda Date: 10/15/2024 Agenda #: 9. Subject: Councilmember Reports CITY OF CUPERTINO Printed on 10/9/2024Page 1 of 1 powered by Legistar™316 CC 10-15-2024 316 of 328 1 CITY COUNCILMEMBER REPORT* Meeting: Tuesday, October 15, 2024 +for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS” section Reporting Councilmember: Councilmember Liang Chao Report Dates: 9/25/24 to 10/9/24 Section 1: Activities by Date (Date, Title, and Description): NOTE: ● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager. ● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember. ● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services. 2024-09-17 Questions on TBD list Investment Policy - Estimated Interest Earnings - For each $10M that are not put in an account earning 1% more interest, we lose $100,000 of interest income that we could have earned. So, for each $20M that are not put in an account that might earn 3% more in interest, we lose $600,000 a year. 2024-09-27 Attended Multicultural Festival at Hyde Middle School - This is the second time I have attended the Multicultural Festival at Hyde. The attendees came from feeder schools, such as Eisenhower, and also nearby high schools. There were wonderful performances and food from all over the world. Some countries were hosted by only one or two Hyde families, such as Iran and Italian, while other countries have a large number of families, such as Taiwan, India and China. - The most touching moment was when I saw a group of girls sitting at a table while a Chinese- looking girl was drawing the delicate Mehndi on the hand of another girl, while others were watching with interest.These girls come from different ethnicities. A true multicultural moment. 317 CC 10-15-2024 317 of 328 2 2024-09-28 Attended CoHNA’s Bay Area Community Reception at Milpitas Tech Center - Coalition of Hindus of North America (CoHNA) is a grassroots advocacy group representing the Hindu community of North America. The coalition seeks to protect the collective interests of the Hindu community by working on the issues faced by them and educating the public about Hindu heritage and tradition. - CohNA presented a plaque to Councilmember Moore and me for our support of the Hindu community last year. 2024-09-29 Attended the Silicon Valley Residents Rally for Public Safety to support Prop. 36 - Many elected officials from surrounding cities attended and spoke. Prop. 36 would fix Prop. 47 to increase the penalty for repeat offenders of small property crimes, provide incentives for drug users to get treatment, and warn committed drug dealers that they might be charged with murder for any drug overdose caused by the product they sell. 2024-10-01 My Response to Residents - about HE and the frustrating process (email) 2024-10-01 My response on the absence of Councilmember Wei since mid July (email) - A resident asked whether Gov. Code 36513 (Absence without permission from council meetings for 60 days from the last regular meeting) applies, which states “If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.”. - My response based on what I know in email: “As far as I know, the last regular council meeting Councilmember Wei attended was the July 16 Council meeting. … That makes it 77 days from the July 16 Council meeting.” - At the 10/1 Council meeting, the Council asked the City Attorney for a memo to clarify this. 2024-10-02 VTA to Purchase UPRR track to Cupertino (email) - Follow up to a public comment brought up after the 10/1 Council meeting 2024-10-03 Cupertino Press Release on the Settlement for the audit by CDTFA - The settlement reached with the CDTFA allows the City to keep the funds previously allocated and anticipated for receipt through August 2024 and avoid lengthy and costly litigation. 2024-10-04 Stevens Creek Corridor Steering Committee and Survey - Follow up to a public comment brought up after the 10/1 Council meeting. The resident wishes that Stevens Creek Blvd. Corridor study will adopt the option to convert one vehicle lane to a dedicated bus lane, which is not the current proposal. - The survey for the Stevens Creek Blvd. Corridor study is still open. 318 CC 10-15-2024 318 of 328 3 - Councilmember Wei was absent from the last Steering Committee meeting on Sep. 4th and no alternate was notified to attend. The next Steering Committee meeting will be held in December. Steering Committee Meeting #6 (Hybrid) Wednesday, December 18, 2024 10:00 AM - 12:00 PM Santa Clara City Hall - Council Chambers 1500 Warburton Ave, Santa Clara, CA 95050 Online Zoom registration forthcoming. September 6 Steering Committee Meeting Summary (Draft) 2024-10-04 Inquiries about Finch Property - Before and after the Aug. 22, 2024 CUSD Board Meeting, multiple residents have reached out about the city’s response to CUSD on the Finch property. Thus, I followed up to inquire about it. - The City Manager responded “Chad and I met with CUSD representatives to discuss properties that the District currently owned, per CUSD Board’s direction. The City was asked if there is any plan to lease or purchase the Finch property. I informed CUSD that the City has no plan to either lease or purchase the Finch property. This is not part of the current CIP project and the City was in no financial condition to make any further purchase.” 2024-10-5 Flag Raising Ceremony of Taiwan Double Tenth Day at County Building - Presented a Proclamation to the organizing committee of the event. Gave a speech about Cupertino’s various connections with Taiwan, from sistership city with Hsinchu and friendship city with Taichung, Yilan and New Taipei City, the Kids Fun Festival and Night Market at De Anza College. Introduced other elected officials with Taiwanese ancestry from the school districts. 2024-10-06 Attended the Tai Ji Meng Anniversary Celebration for their Cupertino location and the new location in Santa Clara - They presented their message for World Peace. 2024-10-06 Attended Bollywood Dance Night at the Quinlan Center - The dance party is organized by a Cupertino resident and the tickets are sold out. The most wonderful feast is the many colorful pretty Indian dresses. 2024-10-07 - blocking free speech zone in front of the library - Multiple residents have reached out about this issue, so I followed it up with some inquiries. - Per California Election Code, there is no campaigning allowed within 100 feet of a ballot box, even though the law was originally meant for the voting center on Election Day. - Even though no one actually fills out their ballot right at the ballot box, the Election Code 319 CC 10-15-2024 319 of 328 4 prevents any campaign materials within 100 feet of the ballot box for the entire month around every ballot box. - The area right in front of the Cupertino Library entrance has been a traditional open forum area, where different groups collect signatures to support petitions or advocate for their causes. - When the city put the ballot box near the entrance of the Library in the past, Cupertino residents have reached out to the City to avoid that location. - In the past, the City had complied with the request by residents and moved the ballot box in front of the City Hall or in front of the Coffee Society. - But somehow this year, the City of Cupertino has forgotten about the past promises to the residents and now has put the ballot box right in front of the Library entrance. 2024-10-08 Response to inquiries about political signs removed from Bollinger Road - Multiple residents have reached out about this issue and referenced the San Jose Spotlight article. - City Manager responded: “city staff inadvertently removed these signs and I provided an apology to both Ms. Moore and Mr. Wang. We will also be responsible for reimbursing fully the cost of these signs.“ - The Code Enforcement process outlined by the Code Enforcement Officer Mr. Trybus in 2018 . - Relevant Muni Code for the removal of Political Signs - A list of questions which I normally ask on a code enforcement case to understand the situation - response pending 2024-10-08 Inquiry on Perimeter Fence separating Vallco site from our neighborhood (email) - response pending Section 2: Committee Assignment - No meeting this period. Section 3: Other Information of Interest to My Constituents: 1. Update on the Vallco (the Rise) project (see the 2024-10-01 report) 2. Housing Element Update - Highlights of the HE: 4,588 units are required for the HE, but the current HE has planned 5,881 units, about 28% more than required. (May 14 Agenda Item 1, Minutes) - By not counting 1,500 units in already approved projects and underestimating the realistic capacity for mixed use projects (counting only 70%), Cupertino upzoned more properties than required to meet the RHNA requirements. 320 CC 10-15-2024 320 of 328 5 - The density (units/acre) of many sites will increase from 20 units/acre to 50-65 units/acre and some will increase to 65-80 units/acre. - Some R1 lots in residential neighborhoods are upzoned to R3-TH designation to allow 5-10 units/acre. - R1 corner lots will be allowed to develop with R2 standards to allow duplex, triplex or quadruplex. (Every R1 lot already allows up to 3 ADUs due to state laws) - Broken HE Process so far…. - The final draft of the Housing Element and the General Plan amendment are approved by the majority of the Council on May 14. Unfortunately, the environmental impact analysis has minimal information, even though we are looking at an unprecedented growth rate with over 6,200 units to be permitted in 8 years. - Although this is the first Council meeting where the draft Housing Element is on the agenda for discussion, there were no written answers provided from the staff, as normally provided for other items on the Council agenda. Given the time constraints, only a few questions were covered on the dais. Thus, many questions from the community and the council members still left unanswered: - Here are some questions submitted and some with answers: 15 more questions without answers, questions are corner lots with answers, additional questions from the community without answers. - The result of the broken process is that Cupertino up-zoned 2,600 units more than the legally required 4,588 units. This overly densifies Cupertino than necessary and leaving little room for adjustment in the future. - Latest: The ordinance to upzone properties is adopted at the July 2 Council meeting (Agenda Item 7, Minutes) - The staff recommendation already meets all legal standards and HCD’s requirements, but Cupertino adopted an ordinance to upzone thes HE sites plus unnecessary provisions proposed by Councilmembers Fruen and Wei to relax the 321 CC 10-15-2024 321 of 328 6 zoning standards. - Chao moved and Moore seconded to approve the staff recommended action with minor adjustments. The motion did not pass. Councilmembers Fruen and Wei proposed several significant revisions to relax the zoning standards after the public comment closed, which increased allowed floor- area-ratio, increased allowed lot coverage, reduced parking standards. reduced setback and given the staff authority to make more changes to increase “flexibility”. The Council voted 3-2 to pass the much relaxed zoning standards. - Next Step: There will be design standard updates, such as R2 standards for the corner lots. and other ordinances to implement the policies outlined in the Housing Element. Section 4: Information Access Useful to My Constituents: 1. “Written Communication” for a City Council meeting: - When will an email sent to the City Council be included in the “Written Communication” file of a Council meeting? - From the City Clerk: - Emailed comments that are related to an agenda item and received following the agenda publication prior to or during the meeting will be posted to the City’s website. - Emailed comments related to non-agenda items and received following the agenda publication prior to or during the meeting will be posted upon request only if it is forwarded by a councilmember, to comply with the Muni Code. 2. Recordings of Commission Meetings: Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation. - Find the recordings here under each commission. 3. SB 330 Preliminary Application and Builders’ Remedy Projects - An info memo is published on July 25: “Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy” was posted (The memo was requested by the Council at the July 2 Council meeting after hearing public concerns on the project) - The memo also includes a list of eight SB330 applications received so far. Four of them are utilizing the Builders’ Remedy (BR) provisions of HAA". 4. Information Memo posted on the City website: City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Councilmembers page. You can also find the page via the “Our City” banner and by entering search terms in the “Search the Site” box at the top of the website. Anyone may use the eNotification signup to receive informational memo updates by email. New memos posted: 322 CC 10-15-2024 322 of 328 7 ● September 26, 2024 - Cupertino City Hall facility - approach and options ● September 26, 2024 - Downzoning Residential Parcels (provided to Council on September 23, 2024) ● September 26, 2024 - Monthly Treasurer’s Report for August 2024 ● September 26, 2024 - Monthly Treasurer’s Investment Report for August 2024 4. How to Search an agenda item: A community member showed me a way to search for items on the past city meetings: ● Go to this page: https://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bottom row of tabs. ○ Enter the search term, such as “investment report”. Choose the year or select “All Years” (Last Activity Report in the October 1, 2024 Council Meeting Agenda.) 323 CC 10-15-2024 323 of 328 1 CITY COUNCIL ACTIVITY REPORT Meeting: October 15, 2024 Reporting Councilmember: Vice Mayor J.R. Fruen Report Activity Dates: 9/24/24 to 10/7/24 Event Date, Title, and Description: Event 1. September 27, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters. Event 2. September 27, 2024 – City-Owned Automated License Plate Reader (ALPR) Program Preparatory Session – I attended a preparatory briefing with city staff in advance of the city council’s consideration (Item 12 on the October 1 council agenda) of a contract and lease with Flock Safety for ALPRs in the city. Tom Chin, the city’s Emergency Manager, did an excellent job of explaining the background, the lease terms, and various privacy protections in place to support the program. Event 3. September 28, 2024 – Cupertino BikeFest – I attended the annual BikeFest at Civic Center Plaza in support of fostering greater awareness of and safety for biking in the City of Cupertino. The event was extremely well-attended and the range of booth types had increased over years prior. Event 4. September 28, 2024 – Meeting with Neighbors of 20739 Scofield Drive – I met with a group of roughly 50 neighbors of this location—site of a “builder’s remedy” application—at the campus of Faria Elementary School. I explained the background of the builder’s remedy, where the current application sits in the application evaluation cycle, and what neighbors and policymakers can do about the potential project. Event 5. September 30, 2024 – Meeting with Representatives of Summerhill Homes – I met with representatives of Summerhill Homes with regard to two sites they are interested in 324 CC 10-15-2024 324 of 328 City Council Councilmember Activity Report 2 developing in Cupertino, to gain insights into their current thinking on both prospective projects, and to share community concerns, especially about the Housing Element site at Evulich Court. Event 6. October 4, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters. Event 7. October 5, 2024 – Local Electeds Panel Discussion re Saratoga Urban Village – This was a follow-on meeting to a prior, narrower community engagement study performed by SJSU graduate students in the Department of Regional and Urban Planning as part of their Capstone Project, and convened by San Jose Vice Mayor Rosemary Kamei, representing West San Jose. We were joined by representatives of Saratoga (Vice Mayor Belal Aftab and Councilmember Tina Walia) and Campbell (Councilmember Ann Bybee). This meeting’s discussion focused on the whole of the Saratoga Urban Village planning area from El Paseo de Saratoga and Westgate West in the southwest to the Saratoga Avenue entrance to I-280 in the northeast. It was a very productive and enlightening discussion. 325 CC 10-15-2024 325 of 328 1 CITY COUNCILMEMBER REPORT Meeting: October 15, 2024 Reporting Councilmember: Mayor Sheila Mohan Report Dates: 9/24/24 to 10/7/24 Item Date, Title, and Description: 9/25/24: As this year’s host for the West Valley Mayors and Managers group, we organized the September meeting at the Main Street Lofts. Mayors and City Manager of Campbell, Los Gatos, Monte Sereno and Saratoga attended. Campbell Vice Mayor Lopez gave a brief talk on VTA’s proposal to build a transit-oriented affordable housing development in Campbell. Captain Valenzuela provided statistics about crime activity in the area. 9/25/24: Along with Sheriff’s Captain Valenzuela and Emergency Manager, Tom Chin, I met with a group of residents in the Rancho Rinconada neighborhood to discuss their concerns about recent home burglaries and perceived lack of response from law enforcement. Both Captain Valenzuela and Manager Chin took the time and effort detailing the general approach to public safety in Cupertino and actions taken by law enforcement to enhance safety, outreach and education. The City received a thank you letter from grateful residents acknowledging the City’s efforts. 9/26/24: The Annual Silicon Valley Business Journal’s Structures Awards took place in San Jose. The Rise received the award for Best Speculative Project. I attended the celebration and received the award along with our Economic Development team, City Manager, and the management team from Sandhill Properties. 9/27/24 Attended a prep session conducted by staff on Automated License Plate Readers (ALPR). The issue was on the 10/1/24 agenda. At that meeting, Council unanimously approved the installation of 15 License Plate Readers at key 326 CC 10-15-2024 326 of 328 City Council Councilmember Report 2 intersections of the City. 9/28/24: Cupertino’s 11th Anniversary Fall Bike Fest took place in the Civic Center neighborhood. I made a few remarks welcoming the gathering of cyclists and acknowledging the importance of cycling in our community in creating a sustainable and safe City. Vice Mayor Fruen and Councilmember Moore also participated in this very enjoyable and well-attended event. 9/30/24 Along with the Economic Development team and City Manager, I attended a meeting with the Bhubaneswar Sister City Initiative group to discuss the upcoming visit of City Manager Wu and myself to Bhubaneswar, India. The visit will last from November 6 to 14, and the group is working with staff in both Cupertino and Bhubaneswar to explore and exchange ideas of mutual interest. 10/5/24: Attended the City of Saratoga’s Annual State of the City event where Mayor Yan Zhao spoke about the progress their city had made in various areas including the Housing Element certification. Elected officials from Sacramento, Campbell, Los Gatos, Los Altos and Mountain View attended. The highlight of the afternoon was a delightful performance by the Chinese Youth Symphony comprised of area high school students. 327 CC 10-15-2024 327 of 328 1 CITY COUNCIL ACTIVITY REPORT Meeting: October 15, 2024 Reporting Councilmember: Councilmember Kitty Moore Report Activity Dates: 9/26/24 to 10/7/24 Event Date, Title, and Description: September 27, 2024. Automatic License Plate Reader prep session with City Staff. This item was approved at the October 1, 2024 meeting. Our readers will be integrated into the county system to help law enforcement. September 28, 2024. Attended and participated in Cupertino’s 11th Annual Fall Bike Fest at the Cupertino Civic Center and Wilson Park. This great event includes a shorter family ride with a stop for singing and a longer 10-mile ride visiting our city’s parks. I again participated in the longer ride with a large group of happy cyclists. September 28, 2024. India Heritage Event. Kerala Ayurveda Academy and Wellness Center. Attended this event to learn more about the Hindu American experience. October 1, 2024. City Council Meeting. 328 CC 10-15-2024 328 of 328