HomeMy WebLinkAboutCC 12-02-2025 Searchable PacketTuesday, December 2, 2025
6:00 PM
CITY OF CUPERTINO
Televised Special Meeting (6:00) and Televised Regular City Council
Meeting (6:45)
10350 Torre Avenue, Council Chamber and via Teleconference; and
Teleconference Location Pursuant to Gov. Code 54953(b)(2): Wynn Resort,
3131 Las Vegas Blvd S, Las Vegas, NV 89109.
City Council
LIANG CHAO, MAYOR
KITTY MOORE, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER
SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER
IN PERSON AND TELECONFERENCE MEETING
AGENDA
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IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
OPTIONS TO OBSERVE:
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) Watch a live stream online at www.Cupertino.gov/youtube and
www.Cupertino.org/webcast
OPTIONS TO PARTICIPATE AND COMMENT:
Members of the public wishing to address the City Council may do so in the following
ways:
1) Appear in person for Open Session at Cupertino Community Hall.
A. During “Oral Communications”, the public may comment on matters not on the agenda,
and for agendized matters, the public may comment during the public comment period for
each agendized item.
B. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards
is voluntary and not required to attend the meeting or provide comments, it is helpful for
the purposes of ensuring that all speakers are called upon.
C. Speakers must wait to be called, then proceed to the lectern/podium and speak into the
microphone when recognized by the Mayor.
D. Speakers are limited to three (3) minutes each. However, the Mayor may reduce the
speaking time depending on the number of people who wish to speak on an item. A
speaker representing a group between 2 and 5 members of the public in attendance may
have up to 2 minutes per group member to speak, up to 10 minutes maximum.
E. Please note that due to cyber security concerns, speakers are not allowed to connect any
personal devices at the lectern/podium. However, speakers that wish to share a document
(e.g. presentations, photographs or other documents) during oral comments may do so in
one of the following ways:
a) At the overhead projector at the podium, or
b) E-mail the document to cityclerk@cupertino.gov by 3:00 p.m. and staff will advance the
slides/share the documents during your oral comment.
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2) Written Communications as follows:
A. E-mail comments to the City Council for Open Session at
publiccomment@cupertino.gov as follows:
a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be
forwarded to the City Council before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the
meeting, will be posted to the City’s website after the meeting.
c. These e-mail comments will also be received by each City Councilmember, the City
Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other
email address will be included upon the sender's request.
B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre
Avenue, Cupertino, CA 95014
3) Open Session Teleconference in one of the following ways:
A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in
advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_X3Bt2qbzQEWH3SGnKGqkNQ
a) Registrants will receive a confirmation email containing information about joining the
webinar.
b) Speakers will be recognized by the name they use for registration. Once recognized,
speakers must click ‘unmute’ when prompted to speak.
c) Please read the following instructions about technical compatibility carefully: One can
directly download the teleconference (Zoom) software or connect to the meeting in their
internet browser. If a browser is used, make sure the most current and up-to-date browser,
such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.
Certain functionality may be disabled in older browsers, including Internet Explorer.
B. By Phone (Audio only): No registration is required in advance and speakers may join
the meeting as follows:
a) Dial 669-900-6833 and enter WEBINAR ID: 847 8092 2262
b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6
c) Speakers will be recognized to speak by the last four digits of their phone number.
C. Via an H.323/SIP room system:
Join from an H.323/SIP room system:
H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 847 8092 2262
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City Council Agenda December 2, 2025
SIP: 84780922262@zoomcrc.com
SPECIAL MEETING
ROLL CALL
ACTION CALENDAR
1.Subject: Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; Adopt a
resolution authorizing the Mayor to sign and transmit the comment letter to MTC and
ABAG
Recommended Action: 1. Submit comments for Draft Plan Bay Area 2050+ and the
Draft EIR; and
2. Adopt Resolution No. 25-100 authorizing the submittal of a comment letter on the
Draft Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and
authorizing the Mayor to sign and transmit the letter to the Metropolitan
Transportation Commission (MTC) and the Association of Bay Area Governments
(ABAG)
Staff Report
A - Draft Resolution
B - Draft Letter
ADJOURNMENT
REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
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City Council Agenda December 2, 2025
1.Subject: Proclamation recognizing the work of the City Manager’s Office
Present proclamation recognizing the work of the City
Manager’s Office
A - Proclamation
2.Subject: Proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to
Grassroots Democracy and Civic Engagement
Recommended Action: Present proclamation recognizing Dr. Darrel Lum for His
Exemplary Contributions to Grassroots Democracy and Civic Engagement
A - Proclamation
PRESENTATIONS
3.Subject: Presentation from Solving Fun on the First Cupertino Puzzle Hunt
Month-Long Event
Recommended Action: Receive presentation from Solving Fun on the First Cupertino
Puzzle Hunt Month-Long Event
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 4-9)
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.
4.Subject: Approval of November 18, 2025 City Council minutes
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City Council Agenda December 2, 2025
Recommended Action: Approve the November 18, 2025 City Council minutes
A - Draft Minutes
5.Subject: Second reading and enactment of amendments to the Municipal Code, Title 5
(Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film
Production
Recommended Action: Conduct the second reading and enact Ordinance No. 25-2279:
“An Ordinance of the City Council of the City of Cupertino Amending City Code Title
5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film
Production.”
Staff Report
A - Draft Ordinance (Clean)
B - Draft Ordinance (Redline)
C - Feedback from California Film Commission
6.Subject: Declare properties as having potential fire hazards from weeds or other
potential nuisances for the Cupertino Weed Abatement Program; set hearing on March
3, 2026 to declare a public nuisance and to consider objections for proposed removal
Recommended Action: Adopt Resolution No. 25-101 declaring properties as having
potential fire hazards from weeds or other potential nuisances (Attachment A) and set
hearing on March 3, 2026 to declare a public nuisance and to consider objections for
proposed removal
Staff Report
A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)
7.Subject: Receive the Monthly Treasurer's Report for October 2025
Recommended Action: Receive the Monthly Treasurer's Report for October 2025
Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances October 2025
B – Report of City-wide Fund BalancesNet Position October 2025
8.Subject: Receive the Monthly Treasurer's Investment Report for October 2025
Receive the Monthly Treasurer's Investment Report for October
2025
Staff Report
A - Chandler Investment Report Oct 2025
9.Subject: Establishment of New Friendship City Relationships with Xuhui District,
Shanghai, People’s Republic of China and Danzhou, Hainan Province, People’s
Republic of China
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Recommended Action: Approve the establishment of new Friendship City
relationships with:
1. Xuhui District, Shanghai, People’s Republic of China; and
2. Danzhou, Hainan Province, People’s Republic of China
Staff Report
A - Friendship City Application - Xuhui District, Shanghai, People's Republic of China
B - Friendship City Application - Danzhou, Hainan Province, People’s Republic of China
C - Sister and Friendship City Policy
D - Letter of Intent - Xuhui District
E - Letter of Intent - Danzhou
PUBLIC HEARINGS
Government Code Section 65103.5 limits the distribution of copyrighted material associated with the
review of development projects. Members of the public wishing to view plans that cannot otherwise be
distributed under Govt. Code Section 65103.5 may make an appointment with the Planning Division to
view them at City Hall by sending an email to planning@cupertino.gov. Plans will also be made
available digitally during the hearing to consider the proposal.
10.Subject: Amendments to the Fiscal Year (FY) 2025-26 Fee Schedule to establish a new
fee for Film Permit Applications and Film Production
Recommended Action: Adopt Resolution No. 25-102 to amend the City’s Master Fee
Schedule - Schedule A - to establish a new fee for Film Permit Applications and Film
Production
Staff Report
A - Draft Resolution
B - Exhibit A - FY 2025-26 Fee Schedule A - General Fees (Redline)
C - Exhibit A - FY 2025-26 Fee Schedule A - General Fees (Clean)
ACTION CALENDAR
11.Subject: OpenGov Budget Format Review Presentation and Finalize Recommendations
a. Receive Budget Format Review presentation as outlined in
the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17,
18, 19, and 30
b. Approve OpenGov budget format recommendations
Staff Report
A – Sample Current Budget Council & Commissions Department Overview through budget financials
page
B – Budget Format Implementation Action Plan
STUDY SESSION
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City Council Agenda December 2, 2025
12.Subject: Conduct Study Session on the Mary Avenue Project (“Project”), including
project history, project siting, the conditional transfer of City-owned property rights,
affordability restrictions, and remaining steps prior to entitlement and closing on the
Project; and 2) Consider Appointing Negotiator(s) for the possible transfer of certain
rights to City-owned property (APN: 326-27-053), in the form of a ground lease or a sale
with the City’s future right to repurchase
Recommended Action: Consider Mary Ave. project and provide direction on next
steps including appointing the City Manager and Interim City Attorney as Negotiators
with the Nonprofit Public Benefit Corporations Cupertino Rotary Housing
Corporation, Housing Choices Coalition for Persons with Developmental Disabilities,
Inc., and Charities Housing Development Corporation of Santa Clara County
(collectively, the “Developer”), regarding the possible transfer of property rights in the
form of a ground lease or sale with the City’s future right to repurchase on terms
established by the City Council
Staff Report
A - Staff Report dated March 15, 2022
B - Parcel Map recorded on May 2, 2023
C - Staff Report dated February 6, 2024
D – Exclusive Negotiating Agreement executed on April 9, 2024
E - Staff Report dated September 4, 2024
F - Staff Report dated April 15, 2025
G - Staff Report dated July 15, 2025
H - Existing Conditions and Demolition Plan
I - Mary Avenue Project FAQ
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
13.Subject: City Manager Report
A - City Manager Report
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
14.Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
D - Councilmember Report, Moore
FUTURE AGENDA ITEMS
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists
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upcoming City Council meeting dates and tentative agenda items, all of which are subject to change.
15.Subject: Upcoming Draft Agenda Items Report
A - Upcoming Draft Agenda Items Report
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300
Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email 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
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
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communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
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CITY OF CUPERTINO
Agenda Item
Subject: Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; Adopt a resolution
authorizing the Mayor to sign and transmit the comment letter to MTC and ABAG
1. Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; and
2. Adopt Resolution No. 25-100 authorizing the submittal of a comment letter on the Draft Plan Bay Area 2050+
and the associated Draft Environmental Impact Report and authorizing the Mayor to sign and transmit the
letter to the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments
(ABAG)
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; Adopt a resolution
authorizing the Mayor to sign and transmit the comment letter to MTC and ABAG
Recommended Action
1.Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; and
2.Adopt Resolution No. 25-__ authorizing the submittal of a comment letter on the Draft
Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and
authorizing the Mayor to sign and transmit the letter to the Metropolitan Transportation
Commission (MTC) and the Association of Bay Area Governments (ABAG)
Background
Plan Bay Area 2050+ serves as the Bay Area’s federally required regional plan and outlines
long-range strategies intended to guide transportation investments, housing needs, economic
development, and environmental resilience through mid-century. As the latest update to the
region’s long-term planning framework, the 2050+ cycle focuses on refreshing assumptions
from the adopted Plan Bay Area 2050, addressing post-pandemic shifts in travel, land use, and
fiscal conditions, and aligning with the concurrent Transit 2050+ effort to improve transit
reliability and financial sustainability. The plan provides the foundation for future regional
funding decisions and policy initiatives, making local feedback essential during the public
review period.
Reasons for Recommendation and Available Options
The City has received notice that MTC and ABAG have released the Draft Plan Bay Area 2050+
and its Draft Environmental Impact Report (EIR) for public review and comment after over two
years of work. Mayor Liang Chao has requested this item be added to the December 2 City
Council meeting agenda in order to receive councilmember feedback to incorporate into a letter
by the MTC-ABAG December 18 deadline. A resolution (Attachment A) and draft letter
prepared by the Mayor is included here as Attachment B.
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Residents are encouraged to provide feedback directly to MTC-ABAG and may submit
comments here:
Draft Plan Bay Area 2050+ comment form: https://planbayarea.org/draftplan
Draft Environmental Impact Report (EIR) for Plan Bay Area 2050+ comment form:
https://planbayarea.org/2050/environmental-impact-report-eir
The plan outlines 35 strategies and investments to be implemented by 2050. This planning cycle
also includes the parallel Transit 2050+ effort, which aims to re-envision Bay Area public transit
in partnership with regional operators.
Residents are welcome to learn about the draft plan and provide feedback at the upcoming
hybrid public hearings scheduled for December 3 and December 4 at 6:00 p.m. Details on how
to join the zoom can be found at the MTC meeting and events page.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None
Council Goal:
Quality of Life, Transportation, Housing, Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Draft Resolution
B – Draft Letter
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RESOLUTION NO. 25-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING SUBMITTAL OF A COMMENT LETTER
ON THE DRAFT PLAN BAY AREA 2050+ AND THE
ASSOCIATED DRAFT ENVIRONMENTAL IMPACT REPORT
WHEREAS, the Metropolitan Transportation Commission (MTC) and the
Association of Bay Area Governments (ABAG) have released the Draft Plan Bay
Area 2050+ and its accompanying Draft Environmental Impact Report (Draft EIR)
for public review and comment; and
WHEREAS, the Draft Plan Bay Area 2050+ serves as the region’s long-range
transportation, housing, economic, and environmental plan and will guide major
regional investments, local planning expectations, and statutory processes such as
the Regional Housing Needs Allocation (RHNA); and
WHEREAS, the Draft EIR evaluates the environmental impacts associated
with implementation of the Draft Plan Bay Area 2050+, including impacts related
to wildfire risk, emergency evacuation, water supply, wastewater, stormwater,
landfill capacity, air quality, transportation, public services, hazardous materials,
and other environmental resources; and
WHEREAS, the City Council of the City of Cupertino has carefully
reviewed the Draft Plan and the Draft EIR and identified substantial concerns
regarding:
reliance on an overstated regional population and employment
forecast;
use of a non-standard modeling approach that diverges from State
demographic projections;
voluntary and non-enforceable mitigation measures that leave
numerous impacts Significant and Unavoidable (SU);
deficiencies in wildfire, evacuation, and public-safety analysis;
inconsistencies in the water-supply and cumulative-impact findings;
and
risks associated with sea-level rise, tidal flooding, freeway-adjacent
air-quality exposures, and overstressed public-service and
infrastructure systems; and
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major funding risks and unfunded local obligations associated with
many strategies and mitigations that rely on future regional, state,
or federal revenues that have not yet been secured; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the City Council Comment Letter on the Draft Plan Bay Area 2050+ and
Draft Environmental Impact Report, attached as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, “CEQA”) because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, the proposed action would have no or only a de minimis effect on
the environment. The foregoing determination is made by the City Council in its
independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Reserved for Exhibit A
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MAYOR LIANG CHAO
lchao@cupertino.gov
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3192 •
CUPERTINO.GOV
December 2, 2025
Metropolitan Transportation Commission (MTC)
Association of Bay Area Governments (ABAG)
375 Beale Street, Suite 700
San Francisco, CA 94105
Re: City Council Comments on the Draft Plan Bay Area 2050+ and Draft Environmental Impact
Report
Dear MTC and ABAG Board Members:
The City Council of Cupertino appreciates the opportunity to comment on the Draft Plan Bay
Area 2050+ and its accompanying Draft Environmental Impact Report (Draft EIR). As local
elected officials responsible for public safety, fiscal stewardship, infrastructure planning, and
environmental protection, we have substantial concerns that the Draft Plan relies on an
overstated population and employment forecast, and that the Draft EIR does not adequately
analyze or mitigate the resulting environmental, public safety, and infrastructure impacts.
Specifically, our concerns center on:
1. The Draft Plan’s inflated and non-standard regional growth forecast, which diverges
sharply from the State’s official projections and does not account for potential reduct ions
in jobs due to the impact of Artificial Intelligence (AI) and increased out-migration
driven by demonstrated trends in remote or gig work; and
2. The Draft EIR’s reliance on mitigation measures that are voluntary, deferred, non-
enforceable, and dependent on optimistic assumptions about infrastructure expansion—
resulting in numerous impacts remaining Significant and Unavoidable (SU).
3. The Draft Plan’s and Draft EIR’s dependence on major future regional, state, and federal
funding streams that have not been secured, creating substantial funding risks and
unfunded local obligations for the infrastructure, public services, and hazard-mitigation
measures required to support the Plan’s growth assumptions.
Throughout the Draft EIR, mitigation is deferred to voluntary actions by local jurisdictions,
relies on non-binding guidance (“where feasible”), presumes infrastructure expansion under
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optimistic conditions, and lacks measurable performance standards. As a result, the Draft EIR
itself acknowledges that many impacts remain Significant and Unavoidable (SU) unless every
jurisdiction independently implements the recommended measures—an approach that does not
meet the feasibility or enforceability requirements of the California Environmental Quality Act
(CEQA).
Our concerns fall into six primary categories:
1. The Growth Forecast Is Overstated and Uses a Non-Standard Modeling Approach
The Draft Plan’s demographic assumptions significantly exceed State forecasts:
The Draft Plan projects 9.6 million residents in 2050, an increase of +1.84 million
people—nearly four times the California Department of Finance (DOF) projected
increase of approximately +0.49 million.
In percentage terms, the Draft Plan assumes a 24% regional population growth
rate, compared to the DOF’s much lower 6.5% projection.
In addition to overstating regional growth, the Draft Plan’s assumptions are out of
alignment with statewide demographic trends. According to the DOF/Demographic
Research Unit (DRU):
California as a whole is projected to grow by only about +1.0 million residents
through 2050.
Under the Draft Plan, the Bay Area alone would account for +1.84 million
residents—nearly double the State of California’s total expected population
increase.
These inconsistencies raise serious concerns about the plausibility of the Draft Plan’s
regional assumptions.
The Plan uses a policy-driven economic model (REMI) in which population is derived
from assumed job levels rather than demographic fundamentals. This approach does not
incorporate major structural shifts in the Bay Area economy, including:
Sustained out-migration driven by remote work and the gig economy, reducing
long-term residential demand.
Office vacancy rates approaching 30%, signaling reduced demand for
commercial space and slower office-based employment growth.
Workforce reductions from AI-driven automation in key white-collar sectors,
lowering future job and population growth.
Because the growth forecast drives Regional Housing Needs Allocation (RHNA)
requirements, CEQA baselines, transportation modeling, and infrastructure planning,
reliance on an inflated forecast risks significant regional planning misalignment.
Inflated forecasts also create a risk of “paper demand”: developers will not build units
for which no real market exists, yet cities may still be penalized under State housing
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laws for failing to meet housing production targets that are based on unrealistic
population projections.
2. Wildfire, Emergency Evacuation, and Public Safety Impacts Are Significant and
Unavoidable (SU)
The Draft EIR identifies several impacts as Significant and Unavoidable (SU):
Impact HAZ-7 — Significant and Unavoidable (SU): Wildfire exposure, pollutant
release, and post-fire geohazards in and near Fire Hazard Severity Zones
(FHSZs).
Impact HAZ-6 — Significant and Unavoidable (SU): Increased population and
congestion impair emergency response and evacuation performance.
Impact CUM-8 — Significant and Unavoidable (SU): Cumulative wildfire and
evacuation impacts.
Although the Draft Plan excludes certain Wildland–Urban Interface (WUI) areas from
Priority Development Areas (PDAs), the Draft EIR notes that development may still
occur near high-risk locations, infrastructure will continue passing through fire-prone
areas, and congestion will constrain evacuation capacity. Mitigation measures for HAZ-
7, HAZ-8, and CUM-8 are discretionary, rely on voluntary implementation by local
jurisdictions, and use “where feasible” language; therefore, wildfire and evacuation
impacts remain Significant and Unavoidable (SU).
3. Water Supply, Wastewater, Stormwater, and Landfill Capacity Are Significant and
Unavoidable (SU)
The Draft EIR finds the following impacts to be Significant and Unavoidable (SU):
Impact PUF-1 — Significant and Unavoidable (SU) if not fully mitigated:
Environmental impacts from new or expanded utility infrastructure.
Impact PUF-2 — Significant and Unavoidable (SU): Insufficient water supplies in
normal, dry, and multiple-dry-year scenarios.
Impact PUF-3 — Significant and Unavoidable (SU): Wastewater treatment
capacity shortfalls.
Impact PUF-4 — Significant and Unavoidable (SU): Solid waste and landfill
capacity limitations.
Regional landfill facilities are already operating near capacity, and many jurisdictions
face long-term solid waste constraints that the Draft EIR does not fully address.
Similarly, stormwater systems in numerous Bay Area communities are undersized or at
or near capacity, particularly under projected climate-driven increases in extreme
precipitation. These constraints contribute to the Draft EIR’s findings that solid waste
and stormwater impacts remain Significant and Unavoidable (SU).
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The Draft EIR is internally inconsistent: project-level and program-level water-supply
impacts under Impact PUF-2 are Significant and Unavoidable (SU), yet cumulative
hydrology and water-resource impacts in the Other CEQA-Mandated Sections are
classified as “less than significant (LTS).” This is not credible, as cumulative impacts
cannot be less severe than project-level Significant and Unavoidable (SU) impacts.
Many of the region’s water, wastewater, and stormwater facilities lie in sea-level-rise
zones, yet the Draft EIR relies on external agencies to undertake future adaptation
projects without identifying funding, timelines, feasibility, or enforceable regional
mitigation measures.
Accordingly, these infrastructure impacts remain Significant and Unavoidable (SU).
4. Hospitals, Emergency Services, Police, Fire, and Schools — Mitigation Deferred; Impacts
Remain Significant and Unavoidable (SU)
Under Impact PSR-1 — Significant and Unavoidable (SU) if mitigation is not fully
implemented, the Draft EIR identifies increased demand for:
Fire and police services,
Emergency Medical Services (EMS),
Hospital and Emergency Room (ER) capacity,
Intensive Care Unit (ICU) and behavioral-health resources,
K–12 school facilities, including special education,
Libraries and civic facilities.
The Draft EIR provides no regional analysis of hospital or ER capacity, fire/EMS
response-time feasibility, police staffing constraints, or school district facility needs.
Because mitigation consists of voluntary, future local actions, PSR-1 remains Significant
and Unavoidable (SU).
5. Air Quality, Seismic, Flooding, and Hazardous Materials Impacts Are Under-Analyzed;
Many Are Significant and Unavoidable (SU)
The following impacts remain Significant and Unavoidable (SU) or are inadequately
mitigated:
Impact AQ-2 — Significant and Unavoidable (SU) if not fully mitigated:
Freeway-adjacent pollutant exposure for sensitive receptors.
Impact AQ-3 — Significant and Unavoidable (SU): Conflict with air-quality
plans.
Impact NOI-1 / NOI-2 — Significant and Unavoidable (SU): Construction and
traffic noise.
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Impact GEO-1 through GEO-5: Seismic and liquefaction hazards in unstable-soil
or bayfill areas (classified as Less Than Significant with Mitigation, but still
substantial).
Impact HAZ-4 / HAZ-5 — Significant and Unavoidable (SU): Hazardous
materials exposure and vapor intrusion risks.
Impact BIO-1 through BIO-4 — Significant and Unavoidable (SU): Biological
resource impacts, including riparian disturbance and habitat fragmentation.
Many Priority Development Areas (PDAs) lie immediately adjacent to freeways—
corridors with some of the highest PM2.5 and ultrafine particle concentrations in the
state. The Draft EIR underestimates these risks by relying largely on existing regulations
and generalized best practices rather than enforceable, performance-based mitigation,
leaving freeway-adjacent air-quality impacts Significant and Unavoidable (SU) where
local implementation is uncertain.
Many Plan Bay Area growth areas are projected to face tidal flooding, storm-surge
impacts, overtopping of levees, or sea-level-rise hazards by 2050 and 2100. The Draft EIR
repeatedly cites future coordination with external agencies to address these risks but
does not identify funding, timelines, feasibility, or enforceable mechanisms for
implementation. This constitutes mitigation deferral, which is not permissible unless
performance standards and enforcement mechanisms are established.
Mitigation in this section depends heavily on existing regulations or discretionary local
actions, without enforceable regional performance standards. As a result, these impacts
remain Significant and Unavoidable (SU).
6. Transportation, Vehicle Miles Traveled (VMT), Congestion, and Evacuation Impacts Are
Significant and Unavoidable (SU)
The Draft EIR identifies the following transportation and evacuation-related impacts as
Significant and Unavoidable (SU):
Impact TRA-2 — Significant and Unavoidable (SU): Conflicts with CEQA Vehicle
Miles Traveled (VMT) standards.
Impact TRA-4 — Significant and Unavoidable (SU): Emergency access delays
and evacuation constraints.
Impact HAZ-6 — Significant and Unavoidable (SU): Increased population and
congestion impair emergency response and evacuation performance.
Evacuation performance is not evaluated for earthquakes, Public Safety Power Shutoff
(PSPS) events, flooding, or multi-hazard scenarios. The Draft Plan nonetheless places
substantial growth in evacuation-constrained corridors.
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Impact HAZ-6 highlights a critical fact: concentrating growth in certain corridors under
the proposed plan can worsen traffic-related evacuation constraints, even if per-capita
Vehicle Miles Traveled (VMT) is reduced region-wide.
7. Funding Risks and Unfunded Local Liabilities
The Draft Plan and Draft EIR assume that local governments, utilities, school districts,
and special districts will fund and deliver many of the improvements needed to support
Plan Bay Area 2050+ growth. However, many of these obligations lack identified
funding, creating substantial uncertainty about the feasibility of required mitigation.
Local Funding Required for Major Mitigations
Several impacts identified as Significant and Unavoidable (SU)—including fire
and police protection, Emergency Medical Services (EMS), hospital and ER
capacity, K–12 and special-education facilities, water supply reliability,
wastewater and stormwater capacity, flood protection, and evacuation
performance—are expected to be addressed using local agency resources, with
no secured regional, state, or federal funding.
Reliance on Developer Impact Fees and Utility Rates
The Draft EIR assumes that water, wastewater, stormwater, solid-waste, and
school facilities will be funded through developer impact fees,
capacity/connection fees, and customer utility rates. Recent State legislation,
including SB 937 (fee deferral) and AB 602 (fee constraints), makes these revenue
sources increasingly uncertain and inconsistent with the Plan’s assumptions.
Major Regional Initiatives Without Funding
Large-scale Plan strategies—such as the EN1 sea-level-rise adaptation program
(estimated at $96 billion, with only $6 billion identified), major transit
expansions, and regional housing initiatives—depend on future regional tax
measures and new State or federal funding that have not been secured.
Together, these gaps create significant unfunded liabilities for local jurisdictions. Many
impacts remain Significant and Unavoidable (SU) not because mitigation is infeasible,
but because no reliable funding mechanism has been established to carry it out.
City Council Requests
A. Corrections and Technical Revisions
i. Align growth assumptions with California Department of Finance (DOF) and
Demographic Research Unit (DRU) projections.
ii. Add Reduced-Growth, Remote-Work, and AI-Impact alternatives.
iii. Resolve inconsistencies between PUF and HYDRO findings.
iv. Include enforceable, performance-based mitigation for wildfire, emergency
evacuation, water supply, wastewater, hospitals, and schools.
v. Ensure that development in high wildfire-hazard areas proceeds only where
enforceable mitigation measures—such as adequate evacuation capacity and fire-
hardening standards—are in place.
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vi. Ensure that development in high flood-risk or sea-level-rise-vulnerable areas
proceeds only where long-term flood protection and clearly defined, feasible, and
enforceable mitigation measures are assured.
B. Mitigation Improvements
i. Require development in wildfire-hazard areas to meet minimum evacuation-
capacity ratios, fire-hardening requirements, and defensible-space implementation
before growth allocations are approved.
ii. Mitigation should address ER, ICU, and behavioral-health capacity triggered by
population growth, rather than deferring to unfunded future local expansions.
iii. Conduct regional analyses of wastewater, stormwater, landfill, and electric-grid
capacity.
iv. Adopt functional-recovery standards so critical facilities and corridors remain
operable—or recover quickly—after earthquakes, wildfires, or extreme-weather
events.
v. Identify funding gaps for major Plan strategies—such as the $96 billion EN1 sea-
level-rise program—and evaluate feasible phased or reduced-scale alternatives
where funding is uncertain.
vi. Provide an assessment of the local capital and operating costs needed to support
Plan Bay Area 2050+ growth, including the extent to which cities, counties, school
districts, utilities, and special districts would need to rely on developer impact fees
and local revenues.
vii. Reconcile the Plan’s reliance on developer impact fees with recent State legislation
that limits fee timing and justification.
C. Transparency
i. Clearly identify all impacts that are Significant and Unavoidable (SU).
ii. Provide a thorough Statement of Overriding Considerations if adopting the Plan
despite its Significant and Unavoidable (SU) impacts.
In conclusion, the Draft Plan and Draft EIR do not yet demonstrate enforceable mitigation or
provide sufficiently realistic, internally consistent analysis. To protect public safety, ensure
infrastructure and environmental resilience, and maintain fiscal responsibility, the City Council
urges MTC and ABAG to revise both documents accordingly.
Thank you for your consideration.
Sincerely,
Liang Chao
Mayor
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CITY OF CUPERTINO
Agenda Item
Subject: Proclamation recognizing the work of the City Manager’s Office
Present proclamation recognizing the work of the City Manager’s Office
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Proclamation
WHEREAS, The City Manager’s Office serves as the organizational and
operational center of City government, providing leadership,
strategic direction, and administrative management to ensure that
City services are delivered efficiently, responsibly, and in
alignment with community priorities; and
WHEREAS,
Council, and all municipal departments to guide policy
implementation, steward public resources, and maintain the
highest standards of transparency, accountability, and ethical
public service; and
WHEREAS,
broad spectrum of essential functions, including citywide
administration, legislative affairs, community engagement,
communications, emergency management, economic
development, long range planning, and the City Clerk’s Office;
and
WHEREAS,
professionalism, and service of the City Manager’s Office, whose
work directly contributes to a high quality of life for residents,
businesses, and visitors.
THEREFORE, I, Mayor Liang Chao, and the Cupertino City Council do hereby
proclaim and acknowledge
The City Manager’s Office
and encourage all residents to recognize the outstanding contributions of the City Manager
and staff, whose continued dedication supports a strong, well-managed, and community-
focused municipal government.
IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of
Cupertino to be affixed this Tuesday, December 2, 2025.
____________________________
The Honorable Liang chao
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
Subject: Proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots
Democracy and Civic Engagement
Present proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots
Democracy and Civic Engagement
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Proclamation
WHEREAS, Dr. Darrel Lum, a longtime Cupertino resident and beloved local dentist, moved
to Cupertino in the mid-1970s and opened his dental practice on Pacifica Drive
near City Hall, where he served generations of Cupertino families with kindness,
professionalism, and integrity; and
WHEREAS,
and grassroots democracy, and
WHEREAS, As Cupertino experienced rapid growth in the late 1990s and early 2000s, Dr.
Lum became a leading voice for citizen participation in local government,
working tirelessly to expand public notifications, transparency, and community
awareness of proposed developments and planning decisions; and
WHEREAS, His dental office became an informal civic classroom, where city plans and project
maps adorned the walls and where countless residents—including future
community leaders—first learned about the General Plan, the Planning
Commission process, and how to engage meaningfully in city decision-making;
and
WHEREAS, Dr. Lum was instrumental in fostering grassroots organizations such as
Concerned Citizens of Cupertino and Better Cupertino, which encouraged
residents to study issues, attend public meetings, and advocate respectfully for
policies that reflected the community’s voice; and
WHEREAS,
referendums and initiatives on the ballot, empowering Cupertino voters to
directly shape the city’s future; and
WHEREAS, For over more than 25 years, Dr. Lum’s research, public testimony, and advocacy
were characterized by depth, precision, and respect for differing views, and;
WHEREAS,
civic spirit of Cupertino, in the generations of residents he mentored, and in the
enduring principle that government functions best when citizens are informed
and engaged.
THEREFORE, I, Mayor Liang Chao, and the Cupertino City Council do hereby proclaim and
recognize December 2, 2025 as
Dr. Darrel Lum Day
In the City of Cupertino, and encourage all residents to honor his remarkable life, his commitment to
democracy at the grassroots level, and his lasting contributions to the civic fabric of Cupertino.
IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be
affixed this Tuesday, December 2, 2025.
_______________________
The Honorable Liang Chao
Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
Subject: Presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event
Receive presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event
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CITY OF CUPERTINO
Agenda Item
Subject: Approval of November 18, 2025 City Council minutes
Approve the November 18, 2025 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 18, 2025
At 6:45 p.m., Mayor Chao 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 Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan, and R “Ray” Wang. Absent: None.
CLOSED SESSION REPORT – None
CEREMONIAL ITEMS
1.Subject: Recognition of Members of Armed Forces, Veterans, and their Families
Recommended Action: Present proclamation honoring Members of Armed Forces,
Veterans, and their Families
Mayor Chao recognized members of the armed forces, veterans, and their families.
2.Subject: Recognition of Police Officers, Firefighters, First Responders and their Families
Recommended Action: Present proclamation recognizing Police Officers, Firefighters,
First Responders and their Families
Mayor Chao recognized police officers, firefighters, first responder s and their families.
3.Subject: Proclamation recognizing the 80th Anniversary of the End of World War II
Recommended Action: Present proclamation recognizing the 80th Anniversary of the
End of World War II
The following organizations received the proclamation:
Jennifer Cheung and Ignatius Y. Ding, representing the Global Alliance for
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City Council Minutes November 18, 2025
Page 2
Preserving the History of WWII in Asia
Hon. Judge Lillian Sing and Hon. Judge Julie Tang, representing the “Comfort
Women” Justice Coalition
Ling Li and Cathy Tsang, representing the Alliance for Preserving the Truth of
the Sino-Japanese War
Betty Yuan and Deborah Zhao, representing the WWII Pacific War Memorial
Hall
Mayor Chao presented the proclamation recognizing the 80th anniversary of the end of
World War II.
4. Subject: Recognition of November 29, 2025 as Small Business Saturday
Recommended Action: Present proclamation recognizing November 29, 2025 as Small
Business Saturday
Economic Development Manager Daniel Degu and the following Economic
Development Committee members received the proclamation:
Manjari Asawa
Jennifer Yip (EDC and business owner of two Cupertino businesses: Paint Nail
Beauty Spa and Sense Head Spa)
Tracy Kosolcharoen
Vice Chair Selina Kaing
Mayor Chao presented the proclamation recognizing November 29, 2025 as Small
Business Saturday.
PRESENTATIONS
5. Subject: Emergency Operations Center (EOC) Operational Overview presentation
Recommended Action: Receive presentation on EOC Operational Overview
Written communications for this item included a presentation.
Jim Frawley, Emergency Manager Consultant, and Ken Ericksen, Citizen Corps
Coordinator for the City of Cupertino, gave a presentation.
POSTPONEMENTS AND ORDERS OF THE DAY
6. Subject: Appeal of fee determination made by the City Collector for Business License
renewal; public hearing pursuant to Cupertino Municipal Code (CMC) Section
5.04.480(C); Appellant: Annie Lee; Business: Lee's Sandwiches; Business Address: 20363
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City Council Minutes November 18, 2025
Page 3
Stevens Creek Blvd, Cupertino, CA 95014 (Postponed from September 3, 2025)
Recommended Action: Postpone to a date to be determined the Appeal of fee
determination made by the City Collector for Business License renewal; public hearing
pursuant to Cupertino Municipal Code (CMC) Section 5.04.480(C); Appellant: Annie
Lee; Business: Lee's Sandwiches; Business Address: 20363 Stevens Creek Blvd,
Cupertino, CA 95014
MOTION: Mohan moved and Fruen seconded to postpone this item to the next meeting
when the Council will discuss the business license policy. The motion passed with the
following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain:
None. Absent: None.
ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.
The following members of the public spoke:
Mark Fantozzi discussed state housing laws, development in neighborhoods, and local
control.
Anand Chhatpar discussed the Tessellations School organization.
Dennis Whittaker discussed Veterans Day and the Wreaths Across America event.
Brooke Ezzat discussed food insecurity and Cupertino Lions Club food drives.
Helene Davis and Gilbert Wong Cupertino, representing Cupertino Copertino Sister Cities
Association, discussed Cupertino Copertino Sister Cities Association updates and an
upcoming Cupertino Union School District meeting.
Ling Cheng discussed the Tessellations School organization.
Rhoda Fry discussed the Cupertino Public Facilities Corporation, the City’s tax-exempt status,
and Certificates of Participation.
Ranjan Desai discussed the Mary Avenue Villas project and the City’s procedural process.
At 7:48 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 7:56 p.m. with all
Councilmembers present.
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Aref discussed the Mary Avenue Villas project and the City’s procedural process.
Aditya discussed the Mary Avenue Villas project and the City’s procedural process.
Planning Commissioner San Rao (representing self) discussed the Mary Avenue Villas project
and the City’s procedural process.
CONSENT CALENDAR (Items 7-16)
Councilmember Wang removed Items 13 and 16 from the Consent Calendar.
Mayor Chao opened the public comment period and the following members of the public spoke.
Peggy Griffin (Item 8)
Planning Commissioner San Rao (representing self) (Item 8)
Mayor Chao closed the public comment period.
Councilmembers made brief comments.
Mayor Chao gave an oral report for Item 15.
MOTION: Wang moved and Chao seconded to approve the items on the Consent Calendar,
except Items 13 and 16, which were removed for consideration. The motion passed with the
following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None.
Absent: None.
Items 13 and 16 were moved after the Action Calendar per rule.
7. Subject: Approval of November 4, 2025 City Council minutes
Recommended Action: Approve the November 4, 2025 City Council minutes
8. Subject: Ratifying Accounts Payable for the periods ending October 10, 2025 and
October 24, 2025
Recommended Action: A. Adopt Resolution No. 25-093 ratifying Accounts Payable for
the Period ending October 10, 2025; and
B. Adopt Resolution No. 25-094 ratifying Accounts Payable for the Period ending
October 24, 2025
Written communications for this item included emails to the Council.
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City Council Minutes November 18, 2025
Page 5
9. Subject: Adopt a maximum rate schedule for Rate Period Six (RP 6) for Recology to
provide recycling, organics, and solid waste collection, recycling and organics
processing services, and transport for disposal as calculated using the allowed and
approved methodology in the Franchise Agreement (Attachment A)
Recommended Action: Adopt Resolution No. 25-095 (Attachment B) to adopt a
maximum rate schedule with an increase of 4.39% ($2.03 per month for average
resident) for RP 6 for Recology to provide recycling, organics, and solid waste
collection, recycling and organics processing services, and transport for disposal
pursuant to the Franchise Agreement (Attachment A (FA Exhibit E1))
Written communications for this item included emails to the Council.
10. Subject: Second reading and enactment of Municipal Code Amendments to Cupertino
Municipal Code Chapter 16 (Building Code) to Adopt the 2025 California Title 24
Building Standards with Local Amendments
Recommended Action: Conduct the second reading and enact Ordinance No. 25-2278:
“An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02,
16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and
16.80 of Title 16 of the Cupertino Municipal Code adopting the California Building,
Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface Code,
Historical Building Code, Fire, Existing Building Code, Green Building Standards Code,
Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code,
with certain exceptions, deletions, modifications, additions and amendments.”
11. Subject: Microsoft Volume Licensing Program Agreement with Dell Marketing L. P., for
licensing of Microsoft programs, systems, and databases for a total amount not to
exceed $341,458, including a 10% contingency in the amount $31,042.
Recommended Action: Approve a Microsoft Volume Licensing Program Agreement
with Dell Marketing L. P. (Attachment A), utilizing Riverside County’s statewide
competitively awarded Microsoft Enterprise Agreement for licensing of Microsoft
programs, systems, and databases for a total amount not to exceed $341,458, including
a 10% contingency in the amount of $31,042, for a 3-year term beginning from January
1, 2026, to December 31, 2028.
12. Subject: Receive the Treasurer's Investment Report for the Quarter Ending September
30, 2025
Recommended Action: Receive the Treasurer's Investment Report for the Quarter
Ending September 30, 2025
Written communications for this item included emails to the Council.
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City Council Minutes November 18, 2025
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14. Subject: First Amendment to Managed Detection and Response (MDR) Security
Services Agreement with Arctic Wolf Networks, Inc., for a total amount of $266,548,
including a 2% contingency, for a total not to exceed of $486,100
Recommended Action: Approve a First Amendment to the Managed Detection and
Response (MDR) Security Services Agreement with Arctic Wolf Networks, Inc., for a
total amount of $266,548, including a 2% contingency, for a total not to exceed of
$486,100, for a term ending on July 12, 2029.
15. Subject: Approval of City Manager Employment Agreement; Proposed Amendments
to the Appointed Employees’ Compensation Program
Recommended Action: 1. Adopt Resolution No. 25-096 approving the City Manager
Employment Agreement between the City of Cupertino and Tina Kapoor, and
authorize the Mayor to execute the agreement; and
2. Adopt Resolution No. 25-097 amending the Appointed Employees’ Compensation
Program
Written communications for this item included a supplemental report and attachments:
A – Draft Resolution approving the City Manager Employment Agreement , B – Draft
Employment Agreement for City Manager, C – Draft Resolution amending the
Appointed Employees’ Compensation Program, D – Draft Amended Appointed
Employees’ Compensation Program (Redline), E – Draft Amended Appointed
Employees’ Compensation Program (Clean), F – Press Release announcing City
Manager, and emails to the Council.
Mayor Chao gave an oral report prior to the adoption of this item.
PUBLIC HEARINGS
17. Subject: Amendment to FY 25-26 Fee Schedule to establish fee for ministerial two lot
Urban Lot Split Applications
Recommended Action: Adopt Resolution No. 25-098 to amend the City’s FY 25-26 Fee
Schedule - Schedule C - to establish a new, reduced fee for Ministerial Urban Lot -Split
Applications
Luke Connolly, Assistant Director of Community Deve lopment, reviewed the staff
report.
Councilmembers asked questions and made comments.
At 8:33 p.m., Council recessed the meeting. The meeting reconvened at 8:53 p.m. with all
Councilmembers present.
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Page 7
This item was continued to a Special Meeting on Thursday, December 1, 2025.
ADJOURNMENT
At 8:55 p.m., Mayor Chao adjourned the Regular City Council meeting. There was no Council
discussion on the remaining agenda items.
ACTION CALENDAR
18. Subject: City Manager's First Quarter Financial Report for Fiscal Year 2025 -26; Budget
Modification No. 2526-419, decreasing appropriations by $674,221 and increasing
revenues by $503,628 resulting in a $1,177,849 increase to unassigned fund balance
Recommended Action: 1. Accept the City Manager’s First Quarter Financial Report for
Fiscal Year 2025-26; and
2. Adopt Resolution No. 25-099 approving Budget Modification No. 2526-419,
decreasing appropriations by $674,221 and increasing revenues by $503,628 resulting in
a $1,177,849 increase to unassigned fund balance
Written communications for this item included a presentation, a supplemental report
with staff responses to councilmember questions, and emails to the Council.
The Council did not hear this item, and it was continued to a future City Council
meeting.
19. Subject: Review first quarterly update for the FY 25-27 City Work Program and make
modifications with items from the TBD list
Recommended Action: 1) Receive first quarterly update for the FY 2025-27 City Work
Program;
2) Review the TBD list and the FY 25-27 City Work Program, make any desired
modifications to finalize the council priority projects
Written communications for this item included a supplemental report and attachments:
D - TBD List as of November 2025 – Updated, E - Q1 Dashboard Printout – Updated,
and emails to the Council.
The Council did not hear this item, and it was continued to a future City Council
meeting.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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13. Subject: OpenGov Budget Format Review Presentation and Finalize Recommendations
Recommended Action: a. Receive Budget Format Review presentation as outlined in
the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17,
18, 19, and 30
b. Approve OpenGov budget format recommendations
This item was removed from the Consent Calendar for discussion.
The Council did not hear this item, and it was continued to a future City Council
meeting.
16. Subject: Consider the potential sale of and appoint a negotiator for City -owned
property along Mary Avenue (APN: 326-27-053)(“Property”)
Recommended Action: Appoint the Interim City Attorney and Interim City Manager
to negotiate with the nonprofit public benefit corporations Cupertino Rotary Housing
Corporation, Housing Choices Coalition for Persons with Develo pmental Disabilities,
Inc., and Charities Housing Development Corporation of Santa Clara County
(collectively, the “Developer”) regarding the possible sale and development of the
Property on terms established by the City Council
Written communications for this item included a supplemental report with staff
responses to councilmember questions and emails to the Council.
This item was removed from the Consent Calendar for discussion.
The Council did not hear this item, and it was continued to a future City Council
meeting.
CITY MANAGER REPORT
20. Subject: City Manager Report
City Manager Tina Kapoor reported on recent highlights and upcoming events as
provided in the published agenda.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
21. Subject: Councilmember Reports
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Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
The Council did not hear this item.
22. Subject: Upcoming Draft Agenda Items Report
A tentative council meeting agenda calendar was provided in the published agenda.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
Subject:Second reading and enactment of amendments to the Municipal Code, Title 5 (Business Licenses and
Regulations) to Establish Chapter 5.51 to Regulate Film Production
Conduct the second reading and enact Ordinance No. 25-2279: “An Ordinance of the City Council of the City
of Cupertino Amending City Code Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to
Regulate Film Production.”
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Second reading and enactment of amendments to the Municipal Code, Title 5 (Business
Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production
Recommended Action
Conduct the second reading and enact Ordinance No. 25-2279: “An Ordinance of the City
Council of the City of Cupertino Amending City Code Title 5 (Business Licenses and
Regulations) to Establish Chapter 5.51 to Regulate Film Production.”
Reasons for Recommendation and Available Options
On November 4, 2025, the City Council introduced and conducted the first reading of an
ordinance amending Cupertino Municipal Code Title Five (Business Licenses and Regulations)
to establish chapter 5.51 to regulate film production with the following modifications:
Section 5.51.060(A) – Noticing requirements were increased from 48 hours to 72 hours
prior to the first day of filming.
Section 5.51.060(B) – Filming hours were reduced from 10:00 p.m. to 8:00 p.m. for
residential areas.
In accordance with California Government Code Section 14999.21, staff submitted the proposed
ordinance to the California Film Commission (Commission) for review, and received feedback
included in Attachment C, and summarized below:
The Commission recommended issuing the filming permit within 2-5 business days
instead of the 14-30 days we have in the current proposed ordinance.
o Staff considered this option and determined that 2-5 business days was
insufficient timing to administratively review and approve a permit with all
necessary documentation and insurance.
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The Commission recommended going back to the standard filming hours 7:00 a.m. –
10:00 p.m. for residential zones (with the option to extend hours with the approval of
affected residents and business owners).
o Reducing the filming hours to 8:00 p.m. in residential zones was a specific
Council directive at the first reading therefore this recommendation was not
incorporated.
The Commission recommended that the ordinance should include a section on
violations and fining those found filming without a permit.
o Ordinance section 5.51.070 covers permit denial, revocation, or suspension for
those found in violation of this ordinance. The fees are being discussed as a
separate item and Council can consider a violation fee at that time.
If the City Council approves the second reading and enactment at the December 2, 2025,
meeting, the proposed ordinance will be in effect thirty days after.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The proposed ordinance authorizes the City to collect permit fees and require such permittees
to carry insurance limits at levels expected to protect the City from liability and to cover the
various costs incurred by the City associated with such film production activity within the City.
In adopting the associated fee schedule, future film production within the City should not
create a fiscal impact on the City’s finances.
City Work Program (CWP) Item/Description
None
Council Goal:
Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/ City Clerk
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Draft Ordinance (Clean)
B – Draft Ordinance (Redline)
C – Feedback from California Film Commission
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1
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND
REGULATIONS) TO ESTABLISH CHAPTER 5.51 TO REGULATE FILM
PRODUCTION
The City Council of the City of Cupertino finds that:
1. The purpose of this Chapter is to: (a) establish a standardized film permit process
to regulate commercial, television, motion picture, and nonprofit filming activities
conducted within the City; and (b) ensure coordination with appropriate City
departments to protect public health, safety, and welfare, and minimize
disruptions to residents, businesses, and public spaces.
2. This Chapter further authorizes the City to recover administrative and operational
costs associated with the processing, review, and issuance of film permits through
the collection of film permit fees pursuant to a reasonable fee schedule
implemented herewith.
3. The establishment of a film permit process, including the associated fee schedule
is consistent with the City’s goals of transparency, accountability, and fiscal
responsibility.
4. The City desires to encourage filming activity that is compatible with the City’s
character, preserves public safety and welfare, and supports local businesses while
ensuring that applicants contribute to the costs incurred by the City in facilitating
such activity.
5. The City Council of the City of Cupertino held a duly noticed public hearing on
November 4, 2025, 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 OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
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Ordinance No. __________
Page 2
The Cupertino Municipal Code is hereby amended as set forth in Attachment A,
attached hereto and incorporated herein by this reference.
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.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment; therefore, the activity is not subject to CEQA. Future filming activities will
remain subject to applicable City regulations and may be further reviewed for CEQA
compliance on a case-by-case basis, if warranted. The foregoing determination is made
by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after final adoption as provided by
Government Code Section 36937.
SECTION 5: 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
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Ordinance No. __________
Page 3
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
November 4, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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Attachment A – Page 1
Attachment A – An ordinance to regulate film production
A new Chapter 5.51 is hereby added to Title 5 of the Cupertino Municipal Code, to be adopted in
its entirety and shall read as follows:
Chapter 5.51: Regulation of Film Production Permits
5.51.010 Purpose and Intent
This Chapter establishes procedures for the review and issuance of permits for filming
activities on location within the city. The intent of this Chapter is to facilitate the
production of such work while protecting the residents, property owners, and
businesses for the potential adverse impacts of filming activities.
5.51.020 Definitions
A. "Charitable or student film" means any filming by (i) a nonprofit organization,
which qualifies under Section 501 (c)(3) or (4) of the Internal Revenue Code as a
charitable organization; or (ii) an accredited educational institution, and for
which no person, directly or indirectly, shall receive a profit from the marketing
and production of the film or from showing the films, tapes or photos.
B. "Film Production'' means all activities related to staging or shooting of
commercial motion pictures, television shows or programs, commercials and
advertisements, commercial still photography, video tapes, computer-based
programs or other visual reproduction technology now known or hereafter
created and the filming of commercial radio station promotional events. The
period of filming includes the set-up, all on-site production time, and striking the
set, including but not limited to removing scenery, equipment or props at the
conclusion of filming.
C. "News Media" means filming for the purpose of spontaneous, unplanned
television news reporting by journalists, reporters, photographers or camera
operators.
D. "Private Property'' means any property in the City not owned by the City.
E. "Studio" shall mean a fixed place of business where filming activities, including
motion or still photography, are regularly conducted upon the premises.
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 2
5.51.030 Permit Requirements and Exemptions
No person, including students, shall use any public or Private Property, facility or
residence within the City for the purpose of Film Production without first applying for
and receiving a permit from the City, with the following exemptions:
A. News Media. The provisions of this Chapter shall not apply to or affect reporters,
photographers or cameramen in the employ of a newspaper, news service or
similar entity engaged in on-the-spot print media, publishing or broadcasting of
news events concerning those persons, scenes or occurrences which are in the
news and of general public interest.
B. Private Non-Commercial Video. Filming, videotaping or still photography solely
for private non-commercial use.
C. Studio Filming. Filming activities, motion or still photography conducted at a
studio.
D. Charitable or Student Films. Projects as defined in CMC 5.51.020(A) are exempt
from permit-related fees but still require a permit.
1. Nonprofit organizations desiring a film permit must complete an
application form and must provide a copy of their proof of tax-exempt
status.
2. Student film projects require students to supply a written certificate from
the school of their attendance stating that the filming project is an
assignment for their class and is not intended for commercial distribution.
E. City-sponsored Events. Film Production conducted or commissioned by the City,
or produced with City funding, sponsorship, or direction.
5.51.040 Permit Application and Fees
A. The issuing authority shall be the City Manager or their designee. The City shall
only issue a permit if it is determined that at least the following criteria have
been met:
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 3
1. The proposed use will not unreasonably interfere with traffic or
pedestrian movement, or unreasonably interfere with or endanger the
public peace or rights of nearby residents and merchants to the quiet,
peaceable enjoyment of their property, or otherwise be detrimental to the
public peace, health, safety or general welfare;
2. The proposed use will not unduly impede, obstruct or interfere with the
operation of emergency vehicles or equipment in or through the permit
area, or adversely affect the City's ability to perform municipal functions
or furnish City services in the vicinity of the permitted area;
3. The proposed use will not constitute a fire or safety hazard and all proper
safety precautions will be taken as are reasonably necessary to protect the
public peace, health, safety or general welfare; and
B. A complete application for a filming permit shall be filed with the City at least
fourteen (14) calendar days prior to the date of the requested Film Production
activity, or, if such Film Production activity interferes with traffic or involves
potential public safety hazards, an application shall be submitted at least thirty
(30) calendar days in advance of commencement. In either case, the applicable
filing timelines may be adjusted from time to time as established by the City
Manager or his or her designee, with any such changes to be duly noted in the
permit application and on the City’s Official webpage. The City, in its sole
discretion, may have availability to process an urgent request for a permit within
three (3) business days, subject to staff availability. Any such expedited
processing shall incur an additional fee.
C. An application for a film permit shall be submitted on the City’s form and shall
include all information, materials, and documentation required by this Chapter,
including but not limited to (i) a certificate of insurance demonstrating
compliance with all insurance requirements set forth in this Chapter, and (ii)
evidence of any and all permits, approvals, or personnel required under the
CMC or other applicable laws to proceed with the proposed use. An application
shall not be deemed complete until all required items have been submitted and
all information provided is accurate and complete. The City may require
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 4
supplemental information as reasonably necessary to evaluate the application
and ensure compliance with applicable local regulations.
D. A schedule of fees for City services and use of City property shall be established
as part of the City’s master fee schedule.
E. The City’s Communications and Marketing Coordinator, or such other staff
member as may be designated by the City Manager, shall serve as the primary
point of contact for the applicant.
F. The applicant shall obtain any required business license and encroachment
permit pursuant to CMC 5.04 et. seq. and 14.08 et. seq., respectively, from the
City’s respective departments. The applicant shall also coordinate with the City’s
Office of Emergency Management to secure any necessary public safety
personnel, including police and fire personnel, to assist with the Film
Production.
G. A filming permit shall be valid for the production period set forth in the
approved application. Upon the request of the applicant, the issuing authority
shall have the power, upon a showing of good cause, to change the date for
which the permit has been issued, provided applicant is in compliance with
established limitations to time and location.
5.51.050 Film Production Insurance, Liability and Indemnification
A. For Film Production on public property, including on the public right of way, a
permittee is required to carry commercial general liability and automobile
liability insurance and provide a certificate of insurance in an amount of at least
one million dollars ($1,000,000) per occurrence or higher, if required by the
permit, naming the City, its City Council, commissions, officers, employees,
agents and volunteers as additional insureds for protection against claims for
personal injury, wrongful death and/or property damage. The certificate shall not
be subject to cancellation or modification until after thirty (30) days' written notice
to the City. A copy of the certificate will remain available upon request by City.
Student applicants must conform to the provisions listed in this subsection by
providing a certificate of insurance from their educational institution.
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Ordinance No. __________
Page 5
An Ordinance on Regulating Film Production - Page 5
B. If the Film Production will involve the use of helicopters, cranes, lifts, aircrafts, or
other aerial vehicles or equipment, the applicant shall obtain additional insurance
coverage satisfactory to the City, including but not limited to aircraft liability
coverage or unmanned aircraft liability coverage, in an amount not less than five
million dollars ($5,000,000) per occurrence. The applicant shall provide the City
with a copy of the certificate of insurance as proof of coverage prior to the
commencement of any aerial filming activities. All aerial filming activities shall
comply with applicable federal, state, and local laws, including but not limited to
all regulations of the Federal Aviation Administration and any other governing
authority having jurisdiction over the operation of an aircraft.
C. An applicant shall conform to all applicable Federal and State requirements for
worker's compensation insurance for all persons operating under a Film
Production permit under this Chapter.
D. An applicant shall execute an indemnification and hold harmless agreement in a
form provided by the City prior to the issuance of a permit under this Chapter.
Such indemnification and hold harmless agreement may be incorporated into the
terms and conditions of the film permit.
E. To ensure cleanup and restoration of the site, an applicant may be required to
submit a refundable security deposit, in the amount to be determined by the City
Manager or their designee. Upon completion of filming and the City’s inspection
of the site and determination that the site has been restored to its prior condition,
the security deposit will be returned to the applicant.
5.51.060 General Requirements for Film Production
A. Notice. All residents and merchants within a three hundred (300) foot radius of
the film location must receive notice of filming at least seventy-two (72) hours
prior to the first day of filming. Notwithstanding the foregoing, the City reserves
the right to impose additional notice requirements if, in the City's discretion,
extraordinary circumstances of the filming warrant additional notice. The City
Manager may waive some or all of the notification requirements contained in this
section.
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 6
B. Filming Hours. The hours for filming are 7:00 a.m. to 8:00 p.m. Filming activities
occurring outside the designated hours require signature approval by eighty (80)
percent of residents and businesses within a three hundred (300) foot radius. The
City Manager may waive the signature approval requirements contained in this
section.
C. No Interference. Filming shall not interfere with normal activities of any
neighborhood, such as refuse collection, street sweeping, gardening, deliveries or
ingress or egress to public or Private Property without permission of the
appropriate authority.
D. Roadwork and Construction. Any roadwork or construction by City crews
and/or private contractors under permit or contract to the City or any other
public agency has priority over filming activities.
E. Inspections. The permittee must allow site inspections by City staff at any time.
A copy of the approved City license and permit must remain at the filming
location.
F. Crew Behavior. Cast and crew are to refrain from unscripted, off-camera
language that is loud or lewd within earshot of the general public.
G. Condition of the Site. The permittee shall conduct operations in a neat and
orderly fashion, and upon completion of filming, the area shall be cleaned of
trash and debris and restored to its original condition.
H. Oversight Personnel. The permittee shall ensure that any required personnel
pursuant to CMC 5.51.040(D)(3) are on site during filming.
I. At the City's request, a briefing between City staff and the permittee may be
required.
J. For filming that would impact public movement within the right-of-way, an
applicant must submit a traffic control and handling plan to the City for review
and approval. The plan shall consider:
1. The furnishing and installation of warning signs and any other traffic
control devices necessary for conformance with the California Department
of Transportation’s California Manual on Uniform Traffic Control devices.
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Ordinance No. __________
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An Ordinance on Regulating Film Production - Page 7
2. Use of Santa Clara County Sheriff’s personnel for traffic handling
assistance may be required, at the discretion of the City.
3. Traffic may be restricted to non-peak hour periods, depending upon
location and potential impacts to traffic.
4. Additional restrictions may apply for filming in the vicinity of schools.
5. Unless authorized by the City, camera cars must be driven in the direction
of traffic and must observe all traffic laws.
5.51.070 Permit Denial, Enforcement, and Revocation
A. The City shall deny the permit if the conditions of CMC 5.51 and any other
applicable laws or regulations have not been met or if the application contains
incomplete or false information.
B. The City may immediately revoke or suspend a permit which has been granted,
if the conditions of CMC 5.51 and all applicable laws and regulations are no
longer being met, if the information supplied by the applicant becomes or is
determined to be false or incomplete, or if any substantial change in
circumstances results in the proposed use becoming detrimental to the public
peace, health, safety or general welfare.
C. Upon revocation of a permit, the permittee may be prohibited from applying for
another permit for a period of one (1) year if it is determined by the City
Manager or City Attorney that the application was filed under false pretenses or
that future filming may be detrimental to the public peace, health, safety or
general welfare.
D. The City further reserves the right to initiate criminal, civil and/or administrative
penalties pursuant to CMC 1.12.010, depending upon the nature of the violation.
E. The City Manager, or designee, may waive or modify any requirement of this
Chapter upon determining that the waiver is in the public interest and consistent
with the purpose of this Chapter.
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1
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND
REGULATIONS) TO ESTABLISH CHAPTER 5.51 TO REGULATE FILM
PRODUCTION
The City Council of the City of Cupertino finds that:
1. The purpose of this Chapter is to: (a) establish a standardized film permit process
to regulate commercial, television, motion picture, and nonprofit filming activities
conducted within the City; and (b) ensure coordination with appropriate City
departments to protect public health, safety, and welfare, and minimize
disruptions to residents, businesses, and public spaces.
2. This Chapter further authorizes the City to recover administrative and operational
costs associated with the processing, review, and issuance of film permits through
the collection of film permit fees pursuant to a reasonable fee schedule
implemented herewith.
3. The establishment of a film permit process, including the associated fee schedule
is consistent with the City’s goals of transparency, accountability, and fiscal
responsibility.
4. The City desires to encourage filming activity that is compatible with the City’s
character, preserves public safety and welfare, and supports local businesses while
ensuring that applicants contribute to the costs incurred by the City in facilitating
such activity.
5. The City Council of the City of Cupertino held a duly noticed public hearing on
November 4, 2025, 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 OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
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Ordinance No. __________
Page 2
The Cupertino Municipal Code is hereby amended as set forth in Attachment A,
attached hereto and incorporated herein by this reference.
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.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment; therefore, the activity is not subject to CEQA. Future filming activities will
remain subject to applicable City regulations and may be further reviewed for CEQA
compliance on a case-by-case basis, if warranted. The foregoing determination is made
by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after final adoption as provided by
Government Code Section 36937.
SECTION 5: 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
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Ordinance No. __________
Page 3
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
November 4, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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Attachment A – Page 1
Attachment A – An ordinance to regulate film production
A new Chapter 5.51 is hereby added to Title 5 of the Cupertino Municipal Code, to be adopted in
its entirety and shall read as follows:
Chapter 5.51: Regulation of Film Production Permits
5.51.010 Purpose and Intent
This Chapter establishes procedures for the review and issuance of permits for filming
activities on location within the city. The intent of this Chapter is to facilitate the
production of such work while protecting the residents, property owners, and
businesses for the potential adverse impacts of filming activities.
5.51.020 Definitions
A. "Charitable or student film" means any filming by (i) a nonprofit organization,
which qualifies under Section 501 (c)(3) or (4) of the Internal Revenue Code as a
charitable organization; or (ii) an accredited educational institution, and for
which no person, directly or indirectly, shall receive a profit from the marketing
and production of the film or from showing the films, tapes or photos.
B. "Film Production'' means all activities related to staging or shooting of
commercial motion pictures, television shows or programs, commercials and
advertisements, commercial still photography, video tapes, computer-based
programs or other visual reproduction technology now known or hereafter
created and the filming of commercial radio station promotional events. The
period of filming includes the set-up, all on-site production time, and striking the
set, including but not limited to removing scenery, equipment or props at the
conclusion of filming.
C. "News Media" means filming for the purpose of spontaneous, unplanned
television news reporting by journalists, reporters, photographers or camera
operators.
D. "Private Property'' means any property in the City not owned by the City.
E. "Studio" shall mean a fixed place of business where filming activities, including
motion or still photography, are regularly conducted upon the premises.
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An Ordinance on Regulating Film Production - Page 2
5.51.030 Permit Requirements and Exemptions
No person, including students, shall use any public or Private Property, facility or
residence within the City for the purpose of Film Production without first applying for
and receiving a permit from the City, with the following exemptions:
A. News Media. The provisions of this Chapter shall not apply to or affect reporters,
photographers or cameramen in the employ of a newspaper, news service or
similar entity engaged in on-the-spot print media, publishing or broadcasting of
news events concerning those persons, scenes or occurrences which are in the
news and of general public interest.
B. Private Non-Commercial Video. Filming, videotaping or still photography solely
for private non-commercial use.
C. Studio Filming. Filming activities, motion or still photography conducted at a
studio.
D. Charitable or Student Films. Projects as defined in CMC 5.51.020(A) are exempt
from permit-related fees but still require a permit.
1. Nonprofit organizations desiring a film permit must complete an
application form and must provide a copy of their proof of tax-exempt
status.
2. Student film projects require students to supply a written certificate from
the school of their attendance stating that the filming project is an
assignment for their class and is not intended for commercial distribution.
E. City-sponsored Events. Film Production conducted or commissioned by the City,
or produced with City funding, sponsorship, or direction.
5.51.040 Permit Application and Fees
A. The issuing authority shall be the City Manager or their designee. The City shall
only issue a permit if it is determined that at least the following criteria have
been met:
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An Ordinance on Regulating Film Production - Page 3
1. The proposed use will not unreasonably interfere with traffic or
pedestrian movement, or unreasonably interfere with or endanger the
public peace or rights of nearby residents and merchants to the quiet,
peaceable enjoyment of their property, or otherwise be detrimental to the
public peace, health, safety or general welfare;
2. The proposed use will not unduly impede, obstruct or interfere with the
operation of emergency vehicles or equipment in or through the permit
area, or adversely affect the City's ability to perform municipal functions
or furnish City services in the vicinity of the permitted area;
3. The proposed use will not constitute a fire or safety hazard and all proper
safety precautions will be taken as are reasonably necessary to protect the
public peace, health, safety or general welfare; and
B. A complete application for a filming permit shall be filed with the City at least
fourteen (14) calendar days prior to the date of the requested Film Production
activity, or, if such Film Production activity interferes with traffic or involves
potential public safety hazards, an application shall be submitted at least thirty
(30) calendar days in advance of commencement. In either case, the applicable
filing timelines may be adjusted from time to time as established by the City
Manager or his or her designee, with any such changes to be duly noted in the
permit application and on the City’s Official webpage. The City, in its sole
discretion, may have availability to process an urgent request for a permit within
three (3) business days, subject to staff availability. Any such expedited
processing shall incur an additional fee.
C. An application for a film permit shall be submitted on the City’s form and shall
include all information, materials, and documentation required by this Chapter,
including but not limited to (i) a certificate of insurance demonstrating
compliance with all insurance requirements set forth in this Chapter, and (ii)
evidence of any and all permits, approvals, or personnel required under the
CMC or other applicable laws to proceed with the proposed use. An application
shall not be deemed complete until all required items have been submitted and
all information provided is accurate and complete. The City may require
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Ordinance No. __________
Page 4
An Ordinance on Regulating Film Production - Page 4
supplemental information as reasonably necessary to evaluate the application
and ensure compliance with applicable local regulations.
D. A schedule of fees for City services and use of City property shall be established
as part of the City’s master fee schedule.
E. The City’s Communications and Marketing Coordinator, or such other staff
member as may be designated by the City Manager, shall serve as the primary
point of contact for the applicant.
F. The applicant shall obtain any required business license and encroachment
permit pursuant to CMC 5.04 et. seq. and 14.08 et. seq., respectively, from the
City’s respective departments. The applicant shall also coordinate with the City’s
Office of Emergency Management to secure any necessary public safety
personnel, including police and fire personnel, to assist with the Film
Production.
G. A filming permit shall be valid for the production period set forth in the
approved application. Upon the request of the applicant, the issuing authority
shall have the power, upon a showing of good cause, to change the date for
which the permit has been issued, provided applicant is in compliance with
established limitations to time and location.
5.51.050 Film Production Insurance, Liability and Indemnification
A. For Film Production on public property, including on the public right of way, a
permittee is required to carry commercial general liability and automobile
liability insurance and provide a certificate of insurance in an amount of at least
one million dollars ($1,000,000) per occurrence or higher, if required by the
permit, naming the City, its City Council, commissions, officers, employees,
agents and volunteers as additional insureds for protection against claims for
personal injury, wrongful death and/or property damage. The certificate shall not
be subject to cancellation or modification until after thirty (30) days' written notice
to the City. A copy of the certificate will remain available upon request by City.
Student applicants must conform to the provisions listed in this subsection by
providing a certificate of insurance from their educational institution.
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Ordinance No. __________
Page 5
An Ordinance on Regulating Film Production - Page 5
B. If the Film Production will involve the use of helicopters, cranes, lifts, aircrafts, or
other aerial vehicles or equipment, the applicant shall obtain additional insurance
coverage satisfactory to the City, including but not limited to aircraft liability
coverage or unmanned aircraft liability coverage, in an amount not less than five
million dollars ($5,000,000) per occurrence. The applicant shall provide the City
with a copy of the certificate of insurance as proof of coverage prior to the
commencement of any aerial filming activities. All aerial filming activities shall
comply with applicable federal, state, and local laws, including but not limited to
all regulations of the Federal Aviation Administration and any other governing
authority having jurisdiction over the operation of an aircraft.
C. An applicant shall conform to all applicable Federal and State requirements for
worker's compensation insurance for all persons operating under a Film
Production permit under this Chapter.
D. An applicant shall execute an indemnification and hold harmless agreement in a
form provided by the City prior to the issuance of a permit under this Chapter.
Such indemnification and hold harmless agreement may be incorporated into the
terms and conditions of the film permit.
E. To ensure cleanup and restoration of the site, an applicant may be required to
submit a refundable security deposit, in the amount to be determined by the City
Manager or their designee. Upon completion of filming and the City’s inspection
of the site and determination that the site has been restored to its prior condition,
the security deposit will be returned to the applicant.
5.51.060 General Requirements for Film Production
A. Notice. All residents and merchants within a three hundred (300) foot radius of
the film location must receive notice of filming at least seventy-two (72) forty-
eight (48) hours prior to the first day of filming. Notwithstanding the foregoing,
the City reserves the right to impose additional notice requirements if, in the
City's discretion, extraordinary circumstances of the filming warrant additional
notice. The City Manager may waive some or all of the notification requirements
contained in this section.
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Ordinance No. __________
Page 6
An Ordinance on Regulating Film Production - Page 6
B. Filming Hours. The hours for filming are 7:00 a.m. to 8:0010:00 p.m. Filming
activities occurring outside the designated hours require signature approval by
eighty (80) percent of residents and businesses within a three hundred (300) foot
radius. The City Manager may waive the signature approval requirements
contained in this section.
C. No Interference. Filming shall not interfere with normal activities of any
neighborhood, such as refuse collection, street sweeping, gardening, deliveries or
ingress or egress to public or Private Property without permission of the
appropriate authority.
D. Roadwork and Construction. Any roadwork or construction by City crews
and/or private contractors under permit or contract to the City or any other
public agency has priority over filming activities.
E. Inspections. The permittee must allow site inspections by City staff at any time.
A copy of the approved City license and permit must remain at the filming
location.
F. Crew Behavior. Cast and crew are to refrain from unscripted, off-camera
language that is loud or lewd within earshot of the general public.
G. Condition of the Site. The permittee shall conduct operations in a neat and
orderly fashion, and upon completion of filming, the area shall be cleaned of
trash and debris and restored to its original condition.
H. Oversight Personnel. The permittee shall ensure that any required personnel
pursuant to CMC 5.51.040(D)(3) are on site during filming.
I. At the City's request, a briefing between City staff and the permittee may be
required.
J. For filming that would impact public movement within the right-of-way, an
applicant must submit a traffic control and handling plan to the City for review
and approval. The plan shall consider:
1. The furnishing and installation of warning signs and any other traffic
control devices necessary for conformance with the California Department
of Transportation’s California Manual on Uniform Traffic Control devices.
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Ordinance No. __________
Page 7
An Ordinance on Regulating Film Production - Page 7
2. Use of Santa Clara County Sheriff’s personnel for traffic handling
assistance may be required, at the discretion of the City.
3. Traffic may be restricted to non-peak hour periods, depending upon
location and potential impacts to traffic.
4. Additional restrictions may apply for filming in the vicinity of schools.
5. Unless authorized by the City, camera cars must be driven in the direction
of traffic and must observe all traffic laws.
5.51.070 Permit Denial, Enforcement, and Revocation
A. The City shall deny the permit if the conditions of CMC 5.51 and any other
applicable laws or regulations have not been met or if the application contains
incomplete or false information.
B. The City may immediately revoke or suspend a permit which has been granted,
if the conditions of CMC 5.51 and all applicable laws and regulations are no
longer being met, if the information supplied by the applicant becomes or is
determined to be false or incomplete, or if any substantial change in
circumstances results in the proposed use becoming detrimental to the public
peace, health, safety or general welfare.
C. Upon revocation of a permit, the permittee may be prohibited from applying for
another permit for a period of one (1) year if it is determined by the City
Manager or City Attorney that the application was filed under false pretenses or
that future filming may be detrimental to the public peace, health, safety or
general welfare.
D. The City further reserves the right to initiate criminal, civil and/or administrative
penalties pursuant to CMC 1.12.010, depending upon the nature of the violation.
E. The City Manager, or designee, may waive or modify any requirement of this
Chapter upon determining that the waiver is in the public interest and consistent
with the purpose of this Chapter.
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Feedback Received from the CA Film Commission
November 10, 2025
Permitting
A complete application for a filming permit shall be filed with the City at least fourteen
(14) calendar days prior to the date of the requested Film Production activity, or, if such
Film Production activity interferes with traffic or involves potential public safety hazards,
an application shall be submitted at least thirty (30) calendar days in advance of
commencement. In either case, the applicable filing timelines may be adjusted from
time to time as established by the City Manager or his or her designe e, with any such
changes to be duly noted in the permit application and on the City’s Official webpage.
The City, in its sole discretion, may have availability to process an urgent request for a
permit within three (3) business days, subject to staff availability. Any such expedited
processing shall incur an additional fee.
Commission Feedback: We recommend rapid film permit issuance: 2 – 5 business days
from permit application submission to permit issuance. I see you guys leave open the
option for adjusted time tables but if bandwidth can allow for a shorter published
timeframe – we’d recommend you amend this section.
Filming Hours
The hours for filming are 7:00 a.m. to 10:00 p.m. Filming activities occurring outside the
designated hours require signature approval by eighty (80) percent of residents and
businesses within a three hundred (300) foot radius. The City Manager may waive the
signature approval requirements contained in this section.
Commission Feedback: We see you adjusted the filming hours below [from 10:00 p.m.
to 8:00 p.m.], we recommend standard hours typically 7:00 a.m. – 10:00 p.m. for
residential zones (with the option to extend hours with the approval of affected residents
and business owners).
Illegal Filming
Commission Feedback: You may want to also include a section on violations related
to that fines for filming without permitting or permission.
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CITY OF CUPERTINO
Agenda Item
Subject:Declare properties as having potential fire hazards from weeds or other potential nuisances for the
Cupertino Weed Abatement Program; set hearing on March 3, 2026 to declare a public nuisance and to
consider objections for proposed removal
Adopt Resolution No. 25-101 declaring properties as having potential fire hazards from weeds or other
potential nuisances (Attachment A) and set hearing on March 3, 2026 to declare a public nuisance and to
consider objections for proposed removal
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Declare properties as having potential fire hazards from weeds or other potential nuisances for
the Cupertino Weed Abatement Program; set hearing on March 3, 2026 to declare a public
nuisance and to consider objections for proposed removal
Recommended Action
Adopt Resolution No. 25-____ declaring properties as having potential fire hazards from weeds
or other potential nuisances (Attachment A) and set hearing on March 3, 2026 to declare a public
nuisance and to consider objections for proposed removal.
Background
The Cupertino Weed Abatement Program is in place to prevent fire hazards and other
nuisances posed by vegetative growth (weeds) and the accumulation of combustible materials.
This program is managed by the Santa Clara County Department of Agriculture.
Brush Abatement Program
The City’s Brush Abatement Program, managed by the Santa Clara County Fire Department, is
separate from the County Weed Abatement Program and addresses wildfire risk by requiring
property owners in the Wildland-Urban Interface (WUI) to maintain defensible space (Cupertino
Municipal Code Section 16.40.200). Brush inspections occur on a different cycle than weed
inspections. Non-compliant properties may also be abated, with the costs placed on the property
tax bill. The Council will consider the lien assessments at the July hearing.
Reasons for Recommendation and Available Options
Cupertino Municipal Code Chapter 9.08 requires property owners to remove or destroy weeds
on their property for fire and public health protection. Cupertino Municipal Code Section 9.08.020
states:
Whenever any weeds are growing upon any private property or properties or in
any street or alley within the City. The City Council shall pass a resolution
declaring the same to be a public nuisance and order the County Agricultural
Commissioner to give notice of the passage of such resolution as provided in this
chapter, and state therein that, unless such nuisance is abated without delay by
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the destruction or removal of such weeds, the work of abating such nuisance will
be done by the County Agricultural Commissioner, and the expense thereof
assessed upon the lots and lands from which, and/or in the front and rear of which,
such weeds have been destroyed or removed. Such resolution shall fix the time
and place for hearing any objections to the proposed destruction or removal of the
weeds.
The weed abatement process is in place to notify the property owners of this responsibility,
authorize the County to remove the weeds if the property owner does not do so, and allow the
County to recover the costs of abatement.
Process for Weed Abatement Program Outlined
The weed abatement process consists of nine steps that begin in November and go through
August of the following year, as shown on the following list. Step One of the process is for the
City Council to adopt a resolution declaring properties as having potential fire hazards from
weeds or other potential nuisances and to set a hearing on March 3, 2026, to declare a public
nuisance and to consider objections for proposed removal. On November 20, 2025, the County
filed with the City the report of properties that have been identified as being noncompliant with
the abatement program requirements (Attachment B, Exhibit A in Resolution).
The steps in the process are outlined below:
1. County prepares a report of all properties that have been non -compliant in removing
weeds in the last three years and provides that report to the City and the City sets a
hearing date. The County filed the report on November 20, 2025 (Attachment B, Exhibit
A in Resolution). Please note that the City's hearing must be scheduled for March, rather
than the customary January date, because the County of Santa Clara will not have its new
fee schedule for 2026 approved by the Board of Supervisors until January 6, 2026. This
delay requires the City to shift the hearing timeline accordingly. (November )
2. County sends a notice to the property owners on the report notifying them of the hearing
date and explaining that they must remove or destroy weeds by the abatement deadline
of April 30, 2026 or it will be done for them, with cost of the abatement plus administrative
costs assessed to their property (January).
3. City sends a courtesy letter to property owners listed on the report, notifying them of the
hearing and the abatement deadline. (January-February).
4. City Council holds the hearing to consider objections by property owners and adopts a
resolution declaring weeds a public nuisance and ordering abatement. (March)
Please note that the City’s hearing date has been shifted from the typical January
timeframe to March to accommodate the revised timeline for Step 1.
5. City sends a courtesy letter to property owners listed on the report, reminding them of
the abatement deadline (March).
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6. After April 30, the properties are inspected by the County to verify that weeds were
removed. The County sends a subsequent letter to property owners listed on the report,
after an inspection determines that they are out of compliance; and proceeds with
abatement if the property fails the inspection.
7. The County makes a report of all costs associated with the abatement and provide s that
report to the City (June-July).
8. City notifies the property owners listed on the assessment report, notifying them of the
hearing date (July-August).
9. City Council holds a hearing, considers any disputes, and adopts a resolution placing a
lien assessment on the properties to allow the County to recover the cost of weed and/or
brush abatement (July)
The attached draft resolution (Attachment A) will declare the listed properties as being a potential
fire hazard due to weeds and/or combustible materials, or a potential nuisance due to weeds that
are noxious, dangerous, or pose health risks. If Council adopts the resolution, property owners
on the report will receive notices from the County and the City indicating that public nuisance
declared their property must be abated, and that the City Council will conduct a public hearing
on March 3, 2026 in order to consider objections to the proposed abatement.
During the public hearing on March 3, 2026, the Council will be asked to approve the Weed
Abatement Program report and to declare a public nuisance. If approved, the County will be
authorized to perform an inspection of the properties on the report to determine if the property
has met the Weed Abatement Program requirements. Property owners will have until April 30,
2025 to abate their property.
Sustainability Impact
No sustainability impact.
City Work Program (CWP) Item/Description
None.
Council Goal:
Quality of Life.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
The weed abatement program is exempt from the California Environmental Quality Act pursuant
to CEQA Guidelines section 15304 (minor alterations to land) and section 15321 (enforcement
actions by regulatory agencies).
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_____________________________________
Prepared by: Lauren Sapudar, Deputy City Clerk
Reviewed by: Kirsten Squarcia, City Clerk/Interim Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)
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RESOLUTION NO. 25-____
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A
POTENTIAL FIRE HAZARD OR OTHER POTENTIAL NUISANCES AND
SETTING A HEARING TO DECLARE PUBLIC NUISANCE AND FOR
OBJECTIONS TO PROPOSED REMOVAL
WHEREAS, weeds as described in Chapter 9.08 of the Cupertino Municipal
Code are growing in the City of Cupertino upon certain streets, sidewalks,
highways, roads and private property; and
WHEREAS, said weeds are undesirable, noxious, and dangerous and/or
due to their rapid growth are or may become a fire menace; as such, said weeds
constitute a potential public nuisance under state law and Chapter 9.08 of the
Cupertino Municipal Code; and
WHEREAS, property owners and other persons occupying or having
charge or control of any building, lot, or premises within the City are required to
remove weeds in accordance with the provisions of Chapter 9.08 of the Cupertino
Municipal Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. Weeds growing upon any private property or in any street or alley within
the City in violation of Cupertino Municipal Code, Chapter 9.08 constitute
a public nuisance;
2. The weeds found on the streets, sidewalks, highways, roads and private
property, which properties are identified by common names or by reference
to the tract, block, lot, code area, and parcel number on the report prepared
by the County Agricultural Commissioner and attached hereto as Exhibit
A, are declared as having potential fire hazards or other potential nuisances
due to weeds that are noxious, dangerous, or pose health risks;
3. That the 3rd day of March, 2026, at the hour of 6:45 p.m., or as soon thereafter
as the matter can be heard, in the Council Chamber in the Community Hall,
City of Cupertino and via teleconference, with details on how to attend the
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Resolution No. 25-____
Page 2
meeting appearing on the City Council agenda for that date, are hereby set
as the time and place to determine whether the condition is a public
nuisance and where all property owners having any objections to the
proposed removal of such weeds may be heard;
4. That the Agricultural Commissioner is hereby designated and ordered to
give notice of the adoption of this resolution, in the manner and form
provided in Chapter 9.08 of the Cupertino Municipal Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December 2025 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
________
Kirsten Squarcia, City Clerk
________________________
Date
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Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF CUPERTINO
COMMENCEMENT REPORT Exhibit A
CHIANG ALEX H AND ANNE 10213 MINER PL CUPERTINO CA 95014-220110213MINERPL316-26-0651
GALLI ROBERT J 10143 MINER PLACE CUPERTINO CA 9501410143MINERPL316-26-0722
ISLAM MOHAMMAD KAMRUL AND 10033 HILLCREST RD CUPERTINO CA 95014-102110033HILLCRESTRD326-16-0143
SOUTHERN PACIFIC 200 S Adams St.Anaheim CA 92802326-20-0394
SOUTHERN PACIFIC 200 S Adams St.Anaheim CA 92802326-20-0405
DUAN RUIYUAN AND TAN JINGHUA 10039 PENINSULA AVE Cupertino CA 9501410039PENINSULAAv326-25-0506
CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-190310301BEARDONDR326-30-0427
PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-180720847GARDEN GATE DR 326-30-0488
WEI , LI 10467 GLENCOE DR CUPERTINO CA 95014-187510467GLENCOEDR326-30-1069
WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-181610450GLENCOEDR326-30-13910
SOUTHERN PACIFIC 200 S Adams St.Anaheim CA 92802326-35-06811
MULLEN, EVA JO TRUSTEE 22645 SAN JUAN ROAD CUPERTINO CA 95015-083522645SAN JUAN RD 342-17-06712
HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-393710611SANTA LUCIA RD 342-17-09513
ITEM, WERNER TRUSTEE & ET AL 22670 SAN JUAN RD CUPERTINO CA 95014-3933EL CERRITO RD 342-21-00414
CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070VOSSAV342-45-00115
SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-266123025VOSSAV342-50-01516
LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-481921542REGNARTRD356-23-04017
REGNART LLC 3163 HAWKCREST CIR SAN JOSE CA 9513521710REGNARTRD356-23-05718
THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-481122028LINDYLN356-27-00719
THE 2009 AGRAWAL FAMILY TRUST 1074 NOVEMBER DRIVE CUPERTINO CA 9501422090LINDYLN356-27-02020
HSU HUI-CHI AND LAI HSIU-CHEN ET 22400 JANICE AVE CUPERTINO CA 9501422400JANICEAV357-01-05121
MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-260210164FOOTHILLSBLV357-01-09122
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270710209CARMENRD357-02-00123
YEN JOSEPH JENKUN AND LI 10290 MIRA VISTA RD CUPERTINO CA 95014-270510290MIRA VISTA RD 357-02-02424
Page 1Santa Clara County Weed Abatement Program24 records of 94
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Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF CUPERTINO
COMMENCEMENT REPORT Exhibit A
SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234SCENICBLV357-08-05225
SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234SCENICBLV357-08-05326
SCENIC DISTRICT LLC 10234 SCENIC BL CUPERTINO CA 9501410234SCENICBLV357-08-05427
BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-561020950STEVENSBL359-07-00628
20865 MCCLELLAN LLC 200 CENTER ST EL SEGUNDO CA 9024520865MCCLELLANRD359-13-01929
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910476STELLINGSRD359-13-13630
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910468STELLINGSRD359-13-13731
TIWAIR FAMILY REVOCABLE TRUST 10976 LINDA VISTA DRIVE CUPERTINO CA 95014-47717540MCCLELLANRD359-19-04332
ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-191120860MCCLELLANRD359-20-03033
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179CRANBERRYDR362-02-04834
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179CRANBERRYDR362-04-05835
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179RAINBOWDR362-09-02636
KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-00007898FIESTALN362-15-01237
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179362-16-03738
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179362-19-03339
ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323CLEOAV362-31-03040
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179STELLINGSRD366-09-02841
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179STAUFFERLN366-09-05342
VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-52571258STELLINGSRD366-11-10943
CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-482921670RAINBOWCT366-38-00544
KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-482422365REGNARTRD366-40-00445
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922033REGNARTRD366-46-00546
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922045REGNARTRD366-46-00647
LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 9512819990HALLCT369-04-01748
Page 2Santa Clara County Weed Abatement Program48 records of 94
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Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF CUPERTINO
COMMENCEMENT REPORT Exhibit A
KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553898BRENTDR369-24-02549
LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301885BETLINAV369-27-02850
CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-454210539BLANEYSAV369-33-00151
APRICOT VILLAGE LLC 991 W HEDDING ST SAN JOSE CA 95126-125710710DE ANZAS.BLV 369-37-02852
LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-342919361PHILLN375-05-02953
WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-354110067TANTAUSAV375-07-00754
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270719160COZETTELN375-07-02255
MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-354210080TANTAUSAV375-07-04256
YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-352210177JUDYAV375-07-05657
LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-353919148LOREEAV375-08-00258
10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-744010024BRETAV375-11-04759
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210200STERNAV375-12-00260
CHEN BILONG 18921 ARATA WAY CUPERTINO CA 95014-367018921ARATAWY375-12-04161
WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-420018904ARATAWA375-13-00362
LI BEI 18815 TILSON AVE CUPERTINO CA 95014-280818815TILSONAV375-16-03463
XIE, DEPING AND SUN , HUAMIN 18731 BARNHART AVE CUPERTINO CA 95014-380318731BARNHARTAV375-17-04864
JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 9408918755BARNHARTAV375-17-05165
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210361JOHNSONAV375-18-03966
STERLING REALTY LLC 10542 STERLING BLVD CUPERTINO CA 95014-383410542STERLINGBL375-23-03267
ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-383210460STERLINGBLV375-23-04168
HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-284710308STERLINGBLV375-24-01769
WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-386518621RUNOCT375-25-02370
VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-380418730BARNHARTAV375-27-00171
CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-534518781TUGGLEAV375-27-02572
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HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-380418760BARNHARTAV375-27-04173
CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-361510740MINETTEDR375-31-03974
MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-360910728CARVERDR375-32-01075
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210630CARVERDR375-32-02076
YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-360710616CARVERDR375-32-02177
DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-362618870TUGGLEAV375-32-02478
CULBERTON PRIME LLC 13428 CHRISTIE DR SARATOGA CA 95070-510310510CULBERTSONDr375-33-00179
HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-362118880PENDERGASTAV375-33-04480
ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-351310657MORENGODR375-34-01381
CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-351410670MORENGODR375-34-05882
THOMPSON, LARRY L AND SHIRLEY 40133 CANYON HEIGHTS DR FREMONT CA 94539-300818830HUNTERWA375-35-00183
JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-554110650JOHANSENDR375-36-00884
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210627CULBERTSONDR375-36-02785
XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-640619141MEIGGSLN375-37-00186
QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-000010720TANTAUSAV375-37-00287
LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014-000010524TANTAUSAV375-37-02088
BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015-046410593JOHANSENDR375-37-05389
SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014-350810611JOHANSENDR375-37-05690
HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014-4648891TANTAUSAV375-38-04491
LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014-4601947TANTAUSAV375-38-05192
JAN, SEAWAY AND HUNG , CHIA YIN 604 MILLER AVE CUPERTINO CA 95014-4640604MILLERAV375-42-01693
KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014-4654605PHILCT375-42-01794
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CHIANG ALEX H AND ANNE 10213 MINER PL CUPERTINO CA 95014-220110213MINERPL316-26-0651
GALLI ROBERT J 10143 MINER PLACE CUPERTINO CA 9501410143MINERPL316-26-0722
ISLAM MOHAMMAD KAMRUL AND 10033 HILLCREST RD CUPERTINO CA 95014-102110033HILLCRESTRD326-16-0143
SOUTHERN PACIFIC 200 S Adams St.Anaheim CA 92802326-20-0394
SOUTHERN PACIFIC 200 S Adams St.Anaheim CA 92802326-20-0405
DUAN RUIYUAN AND TAN JINGHUA 10039 PENINSULA AVE Cupertino CA 9501410039PENINSULAAv326-25-0506
CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-190310301BEARDONDR326-30-0427
PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-180720847GARDEN GATE DR 326-30-0488
WEI , LI 10467 GLENCOE DR CUPERTINO CA 95014-187510467GLENCOEDR326-30-1069
WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-181610450GLENCOEDR326-30-13910
SOUTHERN PACIFIC 200 S Adams St.Anaheim CA 92802326-35-06811
MULLEN, EVA JO TRUSTEE 22645 SAN JUAN ROAD CUPERTINO CA 95015-083522645SAN JUAN RD 342-17-06712
HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-393710611SANTA LUCIA RD 342-17-09513
ITEM, WERNER TRUSTEE & ET AL 22670 SAN JUAN RD CUPERTINO CA 95014-3933EL CERRITO RD 342-21-00414
CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070VOSSAV342-45-00115
SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-266123025VOSSAV342-50-01516
LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-481921542REGNARTRD356-23-04017
REGNART LLC 3163 HAWKCREST CIR SAN JOSE CA 9513521710REGNARTRD356-23-05718
THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-481122028LINDYLN356-27-00719
THE 2009 AGRAWAL FAMILY TRUST 1074 NOVEMBER DRIVE CUPERTINO CA 9501422090LINDYLN356-27-02020
HSU HUI-CHI AND LAI HSIU-CHEN ET 22400 JANICE AVE CUPERTINO CA 9501422400JANICEAV357-01-05121
MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-260210164FOOTHILLSBLV357-01-09122
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270710209CARMENRD357-02-00123
YEN JOSEPH JENKUN AND LI 10290 MIRA VISTA RD CUPERTINO CA 95014-270510290MIRA VISTA RD 357-02-02424
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SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234SCENICBLV357-08-05225
SCENIC DISTRICT LLC 20846 DUNBAR AVE CUPERTINO CA 9501410234SCENICBLV357-08-05326
SCENIC DISTRICT LLC 10234 SCENIC BL CUPERTINO CA 9501410234SCENICBLV357-08-05427
BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-561020950STEVENSBL359-07-00628
20865 MCCLELLAN LLC 200 CENTER ST EL SEGUNDO CA 9024520865MCCLELLANRD359-13-01929
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910476STELLINGSRD359-13-13630
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910468STELLINGSRD359-13-13731
TIWAIR FAMILY REVOCABLE TRUST 10976 LINDA VISTA DRIVE CUPERTINO CA 95014-47717540MCCLELLANRD359-19-04332
ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-191120860MCCLELLANRD359-20-03033
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179CRANBERRYDR362-02-04834
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179CRANBERRYDR362-04-05835
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179RAINBOWDR362-09-02636
KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-00007898FIESTALN362-15-01237
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179362-16-03738
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179362-19-03339
ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323CLEOAV362-31-03040
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179STELLINGSRD366-09-02841
UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA 68179STAUFFERLN366-09-05342
VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-52571258STELLINGSRD366-11-10943
CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-482921670RAINBOWCT366-38-00544
KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-482422365REGNARTRD366-40-00445
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922033REGNARTRD366-46-00546
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922045REGNARTRD366-46-00647
LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 9512819990HALLCT369-04-01748
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KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553898BRENTDR369-24-02549
LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301885BETLINAV369-27-02850
CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-454210539BLANEYSAV369-33-00151
APRICOT VILLAGE LLC 991 W HEDDING ST SAN JOSE CA 95126-125710710DE ANZAS.BLV 369-37-02852
LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-342919361PHILLN375-05-02953
WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-354110067TANTAUSAV375-07-00754
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270719160COZETTELN375-07-02255
MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-354210080TANTAUSAV375-07-04256
YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-352210177JUDYAV375-07-05657
LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-353919148LOREEAV375-08-00258
10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-744010024BRETAV375-11-04759
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210200STERNAV375-12-00260
CHEN BILONG 18921 ARATA WAY CUPERTINO CA 95014-367018921ARATAWY375-12-04161
WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-420018904ARATAWA375-13-00362
LI BEI 18815 TILSON AVE CUPERTINO CA 95014-280818815TILSONAV375-16-03463
XIE, DEPING AND SUN , HUAMIN 18731 BARNHART AVE CUPERTINO CA 95014-380318731BARNHARTAV375-17-04864
JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 9408918755BARNHARTAV375-17-05165
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210361JOHNSONAV375-18-03966
STERLING REALTY LLC 10542 STERLING BLVD CUPERTINO CA 95014-383410542STERLINGBL375-23-03267
ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-383210460STERLINGBLV375-23-04168
HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-284710308STERLINGBLV375-24-01769
WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-386518621RUNOCT375-25-02370
VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-380418730BARNHARTAV375-27-00171
CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-534518781TUGGLEAV375-27-02572
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HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-380418760BARNHARTAV375-27-04173
CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-361510740MINETTEDR375-31-03974
MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-360910728CARVERDR375-32-01075
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210630CARVERDR375-32-02076
YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-360710616CARVERDR375-32-02177
DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-362618870TUGGLEAV375-32-02478
CULBERTON PRIME LLC 13428 CHRISTIE DR SARATOGA CA 95070-510310510CULBERTSONDr375-33-00179
HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-362118880PENDERGASTAV375-33-04480
ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-351310657MORENGODR375-34-01381
CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-351410670MORENGODR375-34-05882
THOMPSON, LARRY L AND SHIRLEY 40133 CANYON HEIGHTS DR FREMONT CA 94539-300818830HUNTERWA375-35-00183
JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-554110650JOHANSENDR375-36-00884
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210627CULBERTSONDR375-36-02785
XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-640619141MEIGGSLN375-37-00186
QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-000010720TANTAUSAV375-37-00287
LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014-000010524TANTAUSAV375-37-02088
BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015-046410593JOHANSENDR375-37-05389
SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014-350810611JOHANSENDR375-37-05690
HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014-4648891TANTAUSAV375-38-04491
LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014-4601947TANTAUSAV375-38-05192
JAN, SEAWAY AND HUNG , CHIA YIN 604 MILLER AVE CUPERTINO CA 95014-4640604MILLERAV375-42-01693
KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014-4654605PHILCT375-42-01794
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CITY OF CUPERTINO
Agenda Item
Subject: Receive the Monthly Treasurer's Report for October 2025
Receive the Monthly Treasurer's Report for October 2025
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
1
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Receive the Monthly Treasurer's Report for October 2025
Recommended Action
Receive the Monthly Treasurer's Report for October 2025
Reasons for Recommendation
Background
California Government Code Section 41004 states:
Regularly, at least once each month, the city treasurer shall submit to the city clerk
a written report and accounting of all receipts, disbursements, and fund balances.
The city treasurer shall file a copy with the legislative body.
The City's Municipal Code Section 2.24.030 Monthly Reports states:
The Treasurer shall make monthly reports which conform to the requirements of
Government Code Section 41004. Said reports shall be delivered to the City
Council, the City Manager and made available for review by such other persons
who may so request.
The Treasurer's Report (report and accounting of all receipts, disbursements, and fund
balances) is made available to City Council in compliance with the aforementioned
requirements.
Cash vs. Accrual Basis Accounting
Cash basis accounting and accrual basis accounting differ in the way revenues and
expenses are recognized and recorded, primarily with regard to their timing.
Under cash basis accounting, revenues are recorded when payment is received, and
expenses are recorded when payment is made. This method of accounting recognizes
transactions only when cash changes hands. In contrast, accrual basis accounting
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recognizes revenues when they are earned (but not necessarily received) and expenses
when they are incurred (but not necessarily paid). This method of accounting recognizes
transactions as they occur, regardless of whether cash has been exchanged.
Receipts, disbursements, and cash balance are measured on a cash basis. The cash balance
shows the total cash and investments in the City's accounts. The ending balance is the
beginning balance plus receipts minus disbursements. Journal adjustments generally
include transactions recorded in other systems and imported into New World, Council-
approved budget adjustments, quarterly Cost Allocation Plan (CAP) charges, and
quarterly interest earnings.
Revenues, expenditures, and fund balance are measured on an accrual basis. As a result,
the amount in fund balance does not mean the City has that much cash on hand. Instead,
fund balance is the difference between assets and liabilities. The ending balance is the
beginning balance plus revenues minus expenditures.
Treasurer's Report
The report provides an update on the City's cash and fund balances for October 2025. The
report is as of November 21, 2025.
Note: Beginning balances have been updated to account for any final adjustments made
as part of the month-end close that could not be completed before the prior report’s
preparation. These adjustments were necessary due to time constraints associated with
completing the month-end close process and generating the report.
Receipts, Disbursements, and Cash Balance
The City's General Fund ending cash and investment balance was $189.3 million,
increasing by $0.9 million from the prior month. Receipts were $6.3 million,
disbursements were $(6.4) million, and journal adjustments were $1.0 million for the
month.
The City's total ending cash and investment balance was $301.1 million, increasing by $0.9
million from the prior month. Receipts were $7.3 million, disbursements were $(8.1)
million, and journal adjustments were $1.7 million for the month.
Journal adjustments included the following:
Parks and Recreation transactions imported from Active Network into New
World
Position Allocation journal correction
CAP journal
Worker’s Compensation journals
Principal account transfer for investment
Returned checks
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3
Fund Balance/Net Position
The City's General Fund ending fund balance was $132.4 million, decreasing by $2.1
million from the prior month due to revenues of $5.4 million and expenditures of $7.5
million.
The City's total ending fund balance was $233.8 million, decreasing by $1.3 million from
the prior month due to revenues of $7.9 million and expenditures of $9.1 million.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: __________________
Jonathan Orozco
Finance Manager
Reviewed by: __________________
Kristina Alfaro
Director of Administrative Services
Approved for Submission by: __________________
Tina Kapoor
City Manager
Attachments:
A – Report of City-wide Receipts, Disbursements, and Cash Balances October 2025
B – Report of City‐wide Fund Balances/Net Position October 2025
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October 2025 Report of City‐wide Receipts, Disbursements, and Cash Balances
Cash and Investments (Unaudited)
Beginning Balance Ending Balance
Fund Type Fund Number/Name as of September 30, 2025 Receipts Disbursements Journal Adjustments as of October 31, 2025
General Fund 100 General Fund 188,342,583 6,272,300 (6,374,656) 1,014,869 189,255,095
General Fund 130 Investment Fund 0 ‐ ‐ 270,869 270,869
Special Revenue Funds 210 Storm Drain Improvement 149,735 ‐ ‐ 425 150,160
Special Revenue Funds 215 Storm Drain AB1600 2,276,401 7,313 ‐ 6,467 2,290,182
Special Revenue Funds 230 Env Mgmt Cln Crk Strm Drain 723,625 4,233 (107,519) 2,508 622,847
Special Revenue Funds 260 CDBG 579,627 662 (10,194) 2,301 572,397
Special Revenue Funds 261 HCD Loan Rehab 230,372 ‐ ‐ ‐ 230,372
Special Revenue Funds 265 BMR Housing 5,019,710 ‐ (21,283) 14,274 5,012,701
Special Revenue Funds 270 Transportation Fund 14,461,675 713,129 (451,402) 42,017 14,765,420
Special Revenue Funds 271 Traffic Impact 914,446 ‐ ‐ 2,598 917,044
Special Revenue Funds 280 Park Dedication 20,904,375 30,000 (15,064) 59,389 20,978,699
Special Revenue Funds 281 Tree Fund 72,379 2,052 ‐ 206 74,636
Debt Service Funds 365 Public Facilities Corp 2,676,600 ‐ ‐ ‐ 2,676,600
Capital Project Funds 420 Capital Improvement Fund 35,138,287 ‐ (34,928) ‐ 35,103,359
Capital Project Funds 427 Stevens Creek Corridor Park 157,338 ‐ ‐ ‐ 157,338
Capital Project Funds 429 Capital Reserve*6,997,566 ‐ ‐ ‐ 6,997,566
Enterprise Funds 520 Resource Recovery 5,095,977 152,678 (173,832) 14,800 5,089,623
Enterprise Funds 560 Blackberry Farm 960,386 ‐ (66,473) 66,278 960,192
Enterprise Funds 570 Sports Center 1,751,902 66,383 (128,737) 78,300 1,767,849
Enterprise Funds 580 Recreation Program 3,211,216 19,869 (51,409) 70,969 3,250,645
Internal Service Funds 610 Innovation & Technology 3,331,219 ‐ (287,551) 7,252 3,050,920
Internal Service Funds 620 Workersʹ Compensation 3,863,303 ‐ (7,565) 1,732 3,857,470
Internal Service Funds 630 Vehicle/Equip Replacement 1,384,771 ‐ (209,048) 2,995 1,178,719
Internal Service Funds 641 Compensated Absence/LTD 476,172 ‐ 8,778 1,361 486,311
Internal Service Funds 642 Retiree Medical 1,502,748 ‐ (149,821) 4,280 1,357,206
Total 300,222,411$ 7,268,619$ (8,080,701)$ 1,663,891$ 301,074,221$
* For reporting purposes, this fund rolls up/combines with Fund 420
Printed November 21, 2025
For more information on funds, please see cupertino.org/fund‐structure
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October 2025 Report of City‐wide Fund Balances/Net Position
(Unaudited)
Beginning Fund Balance Ending Fund Balance
Fund Type Fund Number/Name as of September 30, 2025 Revenues Expenditures as of October 31, 2025
General Fund 100 General Fund 134,577,866 5,410,864 7,542,821 132,445,909
General Fund 130 Investment Fund 229,425 270,869 ‐ 500,294
Special Revenue Funds 210 Storm Drain Improvement 2,124,067 425 ‐ 2,124,493
Special Revenue Funds 215 Storm Drain AB1600 1,892,467 13,780 ‐ 1,906,247
Special Revenue Funds 230 Env Mgmt Cln Crk Strm Drai 991,730 6,741 124,675 873,796
Special Revenue Funds 260 CDBG 1,696,001 2,425 11,814 1,686,611
Special Revenue Funds 261 HCD Loan Rehab 222,016 ‐ ‐ 222,016
Special Revenue Funds 265 BMR Housing 9,584,289 14,274 23,309 9,575,254
Special Revenue Funds 270 Transportation Fund 11,772,248 1,294,136 202,539 12,863,845
Special Revenue Funds 271 Traffic Impact 775,809 2,598 ‐ 778,407
Special Revenue Funds 280 Park Dedication 18,773,208 89,389 15,064 18,847,533
Special Revenue Funds 281 Tree Fund 79,724 2,258 ‐ 81,982
Debt Service Funds 365 Public Facilities Corp 1,750 ‐ ‐ 1,750
Capital Project Funds 420 Capital Improvement Fund 20,574,114 125,790 34,928 20,664,976
Capital Project Funds 427 Stevens Creek Corridor Park 157,343 ‐ ‐ 157,343
Capital Project Funds 429 Capital Reserve*13,744,638 ‐ ‐ 13,744,638
Enterprise Funds 520 Resource Recovery 4,705,440 167,479 193,561 4,679,357
Enterprise Funds 560 Blackberry Farm 720,490 69,199 72,218 717,471
Enterprise Funds 570 Sports Center 1,723,307 151,385 139,608 1,735,083
Enterprise Funds 580 Recreation Program 2,943,933 190,646 64,372 3,070,207
Internal Service Funds 610 Innovation & Technology 2,404,490 7,252 326,604 2,085,137
Internal Service Funds 620 Workersʹ Compensation 2,286,820 10,947 17,814 2,279,953
Internal Service Funds 630 Vehicle/Equip Replacement 2,766,834 2,995 219,879 2,549,951
Internal Service Funds 641 Compensated Absence/LTD 475,433 18,240 8,101 485,573
Internal Service Funds 642 Retiree Medical (140,716) 4,280 149,821 (286,258)
Total 235,082,727$ 7,855,972$ 9,147,129$ 233,791,570$
* For reporting purposes, this fund rolls up/combines with Fund 42
Printed November 21, 2025
For more information on funds, please see cupertino.org/fund‐structure
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CITY OF CUPERTINO
Agenda Item
Subject: Receive the Monthly Treasurer's Investment Report for October 2025
Receive the Monthly Treasurer's Investment Report for October 2025
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
1
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Receive the Monthly Treasurer's Investment Report for October 2025
Recommended Action
Receive the Monthly Treasurer's Investment Report for October 2025
Reasons for Recommendation
The Monthly Investment Report is a routine report provided to City Council and is
provided as Attachment A with this report.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program Item/Description
None.
Council Goal
Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Chandler Investment Report Oct 2025
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INVESTMENT REPORT
City of Cupertino | As of October 31, 2025
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team:
For questions about your account, please call (800) 317-4747,
or contact clientservice@chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.87
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TABLE OF CONTENTS
City of Cupertino | As of October 31, 2025
ECONOMIC UPDATE
ACCOUNT PROFILE
PORTFOLIO HOLDINGS
TRANSACTIONS
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ECONOMIC UPDATE
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ECONOMIC UPDATE
The Federal Reserve lowered the Federal Funds Rate by a quarter percentage point to the range of 3.75-4.00%at the October Federal Open
Market Committee meeting.While the move was in line with market expectations there were 2 dissenters,with Federal Reserve Governor
Stephen Miran calling for a larger 50 basis point cut and Kansas City Federal Reserve President Jeffrey Schmid calling for no cut.Chair
Jerome Powell referenced the weakening labor market despite some inflationary pressures and moderate economic growth.
The Federal Government shutdown that began on October 1st has halted the release of key economic data as agencies remain closed.At
the same time,heightened trade policy uncertainty has added to market volatility.Core levels of inflation remain above the Federal
Reserve’s target,while tariffs continue to cloud forecasts.Signs of a softer labor market are emerging,prompting expectations that the Fed
will move cautiously toward policy normalization.Given the economic outlook,we expect gradual normalization of monetary policy and a
steepening yield curve.
The US Treasury yield curve flattened in October,as the 2-year Treasury yield declined 3 basis points to 3.58%,the 5-year Treasury also
down 5 basis points to 3.69%,and the 10-year Treasury yield declined 14 basis points to 4.08%.The spread between the 2-year and 10-year
Treasury yield points on the curve decreased to +50 basis points at October month-end versus +54 basis points at September month-end.
The spread between the 2-year Treasury and 10-year Treasury yield one year ago was +11 basis points.The spread between the 3-month
and 10-year Treasury yield points on the curve was +26 basis points in October versus +21 basis points in September.
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-400
-200
0
200
400
600
800
1,000
MO
M
C
h
a
n
g
e
I
n
T
h
o
u
s
a
n
d
s
(
0
0
0
'
s
)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)
0.0%
4.0%
8.0%
12.0%
16.0%
20.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Ra
t
e
(
%
)
Source: US Department of Labor Source: US Department of Labor
EMPLOYMENT
The U.S.economy added just 22,000 jobs in August,falling short of consensus expectations and punctuating the softening trend in the
labor market.The three-month moving average and six-month moving average payrolls totaled 29,000 and 64,000 respectively.The
unemployment rate rose to 4.3%in August from 4.2%in July.The labor participation rate inched up to 62.3%,remaining below the pre-
pandemic level of 63.3%.The U-6 underemployment rate,which includes those who are marginally attached to the labor force and
employed part time for economic reasons jumped to 8.1%in August from 7.9%in July.Average hourly earnings fell to 3.7%year-over-year
from 3.9% last month.
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0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average
In
T
h
o
u
s
a
n
d
s
(
0
0
0
'
s
)
Source: US Department of Labor
JOB OPENINGS & LABOR TURNOVER SURVEY
The Labor Department’s Job Openings and Labor Turnover Survey (JOLTS)showed a modest increase to 7.227 million new job openings in
August from 7.2 million in July.The quits rate and layoffs remained relatively stable.Job openings indicate a ratio of approximately 1 job
for each unemployed individual, representing a relatively balanced labor market.
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0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YO
Y
(
%
)
C
h
a
n
g
e
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Core Deflator YOY % Change
Fed Target
YO
Y
(
%
)
C
h
a
n
g
e
Source: US Department of Labor Source: US Department of Commerce
INFLATION
Despite the Federal Government shutdown,the Bureau of Labor Statistics released the Consumer Price Index (CPI)data for September on
October 24th.Both headline and core measures came in below estimates.Headline CPI edged up 0.3%from August and 3.0%on an
annual basis,while core CPI was up 0.2%from the prior month and 3.0%on an annual basis.The release was essential as third-quarter
CPI data is used by the Social Security Administration to calculate the annual COLA,i.e.the cost-of-living adjustment.Other US
Government data releases continue to be impacted by the shutdown.
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0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Retail Sales YOY % Change
YO
Y
(
%
)
C
h
a
n
g
e
0
20
40
60
80
100
120
140
160
In
d
e
x
L
e
v
e
l
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board
All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09)
CONSUMER
Advance Retail Sales showed continued strength jumping 0.6%in August as July data was also revised up to 0.6%month-over-month.The
increase elevated retail sales to 5.0%on an annual basis after jumping 4.1%year-over-year in July.Back-to-school shopping was a likely
catalyst as online shopping,clothing,and sporting goods saw some of the largest increases.Control group sales,which feed into GDP,
also jumped 0.74%in August from the prior month.The Conference Board’s Consumer Confidence Index declined by 1.0 point to 94.6 in
October from an upwardly revised 95.6 in September,the lowest measure since April 2025.Measures of current conditions improved,
including improving views on current job availability,while expectations weakened somewhat.Consumers have remained resilient,but
rising debt burdens,higher delinquency rates,lingering inflation worries,and emerging signs of labor market cooling could weigh on
future spending.
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-25.0%
-20.0%
-15.0%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
Leading Economic Indicators (LEI)
Recession
YO
Y
(%
)
C
h
a
n
g
e
-1.00
-0.75
-0.50
-0.25
0.00
0.25
0.50
0.75
1.00
Chicago Fed National Activity Index (CFNAI)
Recession
3
M
o
n
t
h
A
v
e
r
a
g
e
Source: The Conference Board Source: Federal Reserve Bank of Chicago
LEADING INDICATORS OF ECONOMIC ACTIVITY
The Conference Board’s Leading Economic Index (LEI)fell by 0.5%in August,following a 0.1%increase in July.The LEI decreased by 3.6%
year-over-year.The Conference Board is expecting economic growth to slow in the second half of 2025 due to consumer pessimism,soft
manufacturing new orders,and negative impacts from tariffs.The Chicago Fed National Activity Index (CFNAI)came in at -0.12%in
August after a downwardly revised -0.28 in July,indicating that economic momentum remained below its historical trend for the fifth
consecutive month.The three-month moving average shows a similar trend at -0.18 in August from -0.20 in the prior month signaling
ongoing below-trend growth in national economic activity.
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0
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In
T
h
o
u
s
a
n
d
s
o
f
U
n
i
t
s
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%
0.0%
4.0%
8.0%
12.0%
16.0%
20.0%
24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YO
Y
(
%
)
C
h
a
n
g
e
HOUSING
Housing starts dropped 8.5%in August to 1.307 million units,marking a pullback amid elevated inventory levels and a softening labor
market.Single-family starts fell 7.0%in August to 890,000 units,hitting their lowest level since July 2024.The S&P Cotality Case-Shiller
20-City Home Price Index fell 0.6%month-over-monthin August and posted a 1.6%annual gain,the slowest increase in more than two
years.Most major metros saw broad declines causing homeowners to face real wealth decline,while those same high price and
mortgage rates continue to weigh on affordability for new buyers.The Freddie Mac 30-year fixed mortgage rate continued recent declines
to 6.2% as of October.
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40
45
50
55
60
65
70
Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services
EXPANDING
CONTRACTING
Source: Institute for Supply Management
SURVEY BASED MEASURES
Manufacturing activity contracted at a slightly slower rate as the Institute for Supply Management (ISM)Manufacturing Index edged up to
49.1 in September,from 48.7 in August yet remaining below the expansion threshold,signaling the seventh consecutive month of
contraction in the manufacturing sector.Production growth factored into the gain,although drops in new orders and inventories offset the
increase.The ISM Services Index fell to 50.0 in September from 52.0 in August,which is the breakeven point between expansion and
contraction.The 2.0-point decline generally indicated moderate to weak growth,with only isolated reports of supplier delivery delays.
Employment remained in contraction territory, reflecting delayed hiring plans and ongoing challenges in finding qualified workers.
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Components of GDP 9/24 12/24 3/25 6/25
2.7% 2.6% 0.4% 1.7%
0.2% -1.3% 3.8% -2.7%
-0.4% -0.1% -4.7% 4.8%
0.5% 0.3% -0.4% -0.4%
0.4% 0.3% 0.2% 0.3%
3.4% 1.9% -0.6% 3.8%
State and Local (Consumption and Gross
Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-40.0%
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce
GROSS DOMESTIC PRODUCT (GDP)
In a sharp rebound from the first quarter,real GDP increased at an annualized rate of 3.8%in the second quarter of 2025 according to the
final data revision from the Bureau of Economic Analysis.The increase in real GDP in the second quarter was driven by the drop in
imports following the significant rise in the first quarter in anticipation of higher tariffs and an increase in consumer spending.The
consensus projection calls for 1.7% growth for the third quarter and 1.8% for the full year 2025.
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Source: Federal Reserve Source: Bloomberg
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In
$
m
i
l
l
i
o
n
s
FEDERAL RESERVE
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Recession
The Federal Reserve lowered its benchmark interest rate by a quarter point to a range of 3.75%to 4.00%%at its October meeting.There
were two dissents to the rate decision,one from Federal Reserve Governor Stephen Miran in favor of a 50-basis point cut and the second
from Kansas City Federal Reserve President Jeffrey Schmid who preferred to leave rates unchanged.Chair Jerome Powell referenced the
weakening labor market despite some inflationary pressures and moderate economic growth.The Fed also announced the balance-sheet
runoff program begun in June 2022 would conclude as of December 1,2025.The Fed plans to replace Mortgage Backed securities
paydowns with purchases of US Treasury Bills.Since the campaign launched,the Fed has reduced its securities holdings by about $2.35
trillion, bringing the total down to roughly $6.6 trillion.
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Source: Bloomberg Source: Bloomberg
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yi
e
l
d
(
%
)
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Yield Curve
Oct-25
Jul-25
Oct-24
Yi
e
l
d
(
%
)
BOND YIELDS
At the end of October,the 2-year Treasury yield was 60 basis points lower,and the 10-Year Treasury yield was 21 basis points lower,year-
over-year. The spread between the 2-year and 10-year Treasury yield points on the curve decreased to +50 basis points at October month-
end versus +54 basis points at September month-end.The prior 2-year/10-year yield curve inversion,which spanned from July 2022 to
August 2024,was historically long.The average historical spread (since 2005)is about +99 basis points.The spread between the 3-month
and 10-year Treasury yield points on the curve was +26 basis points in October versus +21 basis points in September.
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ACCOUNT PROFILE
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OBJECTIVES
City of Cupertino | As of October 31, 2025
Investment Objectives
The City of Cupertino's investment objectives, in order of priority, are to provide safety to
ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash
needs and a market rate of return consistent with the investment program.
Chandler Asset Management Performance Objective
The performance objective for the portfolio is to earn a total rate of return through a market
cycle that is equal to or above the return on the benchmark index.
Strategy
In order to achieve these objectives, the portfolio invests in high quality fixed incomes
securities consistent with the investment policy and California Government Code.
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of October 31, 2025
Rules Name Limit Actual Compliance
Status Notes
AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV)100.0 10.8 Compliant
Max % Issuer (MV; Agencies & Agency CMOs)25.0 2.6 Compliant
Max Maturity (Years)5.0 4.5 Compliant
ASSET-BACKED SECURITIES (ABS)
Max % (MV; Non Agency ABS & MBS)20.0 8.0 Compliant
Max % Issuer (MV)5.0 0.8 Compliant
Max Maturity (Years)5 4 Compliant
Min Rating (AA- by 1)0.0 0.0 Compliant
BANKERS' ACCEPTANCES
Max % (MV)40.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Days)180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1)0.0 0.0 Compliant
CERTIFICATE OF DEPOSIT PLACEMENT SERVICE
(CDARS)
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
COLLATERALIZED TIME DEPOSITS (NON-
NEGOTIABLE CD/TD)
Max % (MV; FDIC & Collateralized CD/TD)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
COMMERCIAL PAPER
Max % (MV)25.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Days)270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1)0.0 0.0 Compliant
CORPORATE MEDIUM TERM NOTES
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of October 31, 2025
Rules Name Limit Actual Compliance
Status Notes
Max % (MV)30.0 26.0 Compliant
Max % Issuer (MV)5.0 1.4 Compliant
Max Maturity (Years)5 4 Compliant
Min Rating (A- by 1)0.0 0.0 Compliant
FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV; FDIC & Collateralized CD/TD)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
FEDERAL AGENCIES
Max % (MV)100.0 3.5 Compliant
Max % Issuer (MV; Agencies & Agency CMOs)25.0 2.6 Compliant
Max Callables (MV)20.0 0.0 Compliant
Max Maturity (Years)5 2 Compliant
LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV)75.0 0.0 Compliant
MONEY MARKET MUTUAL FUNDS
Max % (MV)20.0 1.9 Compliant
Min Rating (AAA by 2)0.0 0.0 Compliant
MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV)20.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
Min Rating (AA- by 1)0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV)30.0 0.9 Compliant
Max % Issuer (MV)5.0 0.9 Compliant
Max Maturity (Years)5 3 Compliant
Min Rating (A- by 1)0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, OTHER STATES)
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STATEMENT OF COMPLIANCE
City of Cupertino | Account #10659 | As of October 31, 2025
Rules Name Limit Actual Compliance
Status Notes
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
Min Rating (A- by 1)0.0 0.0 Compliant
NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit)0.0 0.0 Compliant
REPURCHASE AGREEMENTS
Max % (MV)10.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)1.0 0.0 Compliant
SUPRANATIONAL OBLIGATIONS
Max % (MV)30.0 2.9 Compliant
Max % Issuer (MV)10.0 1.7 Compliant
Max Maturity (Years)5 4 Compliant
Min Rating (AA- by 1)0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV)100.0 46.0 Compliant
Max Maturity (Years)5 4 Compliant
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PORTFOLIO SUMMARY
Sector Allocation
Performance Review
Total Rate of Return**1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception
(02/01/19)
City of Cupertino 0.31%1.66%5.25%5.66%5.92%5.13%1.60%--2.34%
Benchmark Return 0.37%1.66%4.96%5.28%5.26%4.66%1.25%--2.09%
City of Cupertino | Account #10659 | As of October 31, 2025
Portfolio Characteristics Account Summary
Maturity Distribution
Top Issuers
Credit Quality*
Average Modified Duration 2.60
Average Coupon 3.58%
Average Purchase YTM 3.81%
Average Market YTM 3.85%
Average Credit Quality*AA+
Average Final Maturity 3.04
Average Life 2.85
End Values as
of 09/30/2025
End Values as
of 10/31/2025
Market Value 204,001,801.31 204,271,199.79
Accrued Interest 1,106,379.00 1,462,124.01
Total Market Value 205,108,180.31 205,733,323.80
Income Earned 850,946.46 589,844.20
Cont/WD 27,800,000.00 0.00
Par 204,299,921.15 204,416,276.67
Book Value 202,688,318.55 202,969,256.23
Cost Value 202,164,869.60 202,435,834.11
United States 46.02%
FHLMC 10.76%
Farm Credit System 2.59%
Wells Fargo & Company 1.86%
International Bank for Recon and Dev 1.71%
Morgan Stanley 1.69%
UnitedHealth Group Incorporated 1.44%
Toyota Motor Corporation 1.39%
*The average credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch.
**Periods over 1 year are annualized.
Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index
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HISTORICAL AVERAGE PURCHASE YIELD
City of Cupertino | Account #10659 | As of October 31, 2025
Purchase Yield as of 10/31/25 = 3.81%
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PORTFOLIO HOLDINGS
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ISSUERS
City of Cupertino | Account #10659 | As of October 31, 2025
Issuer Investment Type % Portfolio
United States US Treasury 46.02%
FHLMC Agency CMBS 10.76%
Farm Credit System Agency 2.59%
Wells Fargo & Company Money Mkt Fd 1.86%
International Bank for Recon and Dev Supras 1.71%
Morgan Stanley Corporate 1.69%
UnitedHealth Group Incorporated Corporate 1.44%
Toyota Motor Corporation Corporate 1.39%
Guardian Life Global Funding Corporate 1.32%
The Home Depot, Inc.Corporate 1.29%
Inter-American Development Bank Supras 1.19%
New York Life Insurance Company Corporate 1.18%
Caterpillar Inc.Corporate 1.10%
Royal Bank of Canada Corporate 1.01%
Massachusetts Mutual Life Insurance Corporate 0.97%
Federal Home Loan Banks Agency 0.93%
Simon Property Group, Inc.Corporate 0.91%
Amazon.com, Inc.Corporate 0.90%
Chubb Limited Corporate 0.87%
State of California Muni Bonds 0.87%
American Honda Finance Corporation Corporate 0.86%
Chase Issuance Trust ABS 0.83%
Bank of America Credit Card Trust ABS 0.81%
Berkshire Hathaway Inc.Corporate 0.77%
PepsiCo, Inc.Corporate 0.75%
Citigroup Inc ABS 0.74%
Prologis, Inc.Corporate 0.74%
Bank of America Corporation Corporate 0.74%
JPMorgan Chase & Co.Corporate 0.74%
The Progressive Corporation Corporate 0.74%
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ISSUERS
City of Cupertino | Account #10659 | As of October 31, 2025
Issuer Investment Type % Portfolio
Realty Income Corporation Corporate 0.71%
Deere & Company Corporate 0.71%
American Express Credit Master Trust ABS 0.70%
Marsh & McLennan Companies, Inc.Corporate 0.70%
WF Card Issuance Trust ABS 0.68%
GM Financial Securitized Term ABS 0.62%
Honda Auto Receivables Owner Trust ABS 0.59%
Cargill, Incorporated Corporate 0.54%
Metropolitan Life Global Funding I Corporate 0.53%
Bmw Vehicle Lease Trust 2025-2 ABS 0.51%
Mercedes-Benz Auto Lease Trust 2025-ABS 0.51%
National Rural Utilities Cooperative Corporate 0.50%
The Goldman Sachs Group, Inc.Corporate 0.50%
Northwestern Mutual Global Funding Corporate 0.50%
Mastercard Incorporated Corporate 0.47%
Toyota Auto Receivables Owner Trust ABS 0.47%
The Charles Schwab Corporation Corporate 0.46%
Meta Platforms, Inc.Corporate 0.45%
John Deere Owner Trust ABS 0.45%
Mercedes-Benz Auto Receivables Trust ABS 0.42%
Met Tower Global Funding Corporate 0.37%
BMW Vehicle Owner Trust ABS 0.34%
Hyundai Auto Lease Securitization Tr ABS 0.30%
Walmart Inc.Corporate 0.17%
Cash Cash 0.03%
WC MMF Sweep Money Mkt Fd 0.03%
TOTAL 100.00%
23 110
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
47800AAC4 JDOT 2022-B A3 3.74 02/16/2027 113,699.04 07/12/2022
3.77%
113,688.18
113,696.07
99.89
4.36%
113,576.01
188.99
0.06%
(120.05)
Aaa/NA
AAA
1.30
0.18
362585AC5 GMCAR 2022-2 A3 3.1
02/16/2027 20,790.31 04/05/2022
3.13%
20,785.96
20,789.23
99.91
4.45%
20,772.59
26.85
0.01%
(16.64)
Aaa/AAA
NA
1.30
0.06
44934FAD7 HALST 2024-B A3 5.41 05/17/2027 610,000.00 05/14/2024
5.41%
609,983.04
609,991.25
100.57
4.28%
613,463.58
1,466.71
0.30%
3,472.33
NA/AAA
AAA
1.54
0.48
47800BAC2 JDOT 2022-C A3 5.09 06/15/2027 296,956.75 10/12/2022
5.15%
296,933.71
296,948.84
100.30
4.12%
297,841.68
671.78
0.15%
892.84
Aaa/NA
AAA
1.62
0.29
89231FAD2 TAOT 2023-C A3 5.16 04/17/2028 957,196.43 11/21/2023
5.65%
953,307.82
955,022.10
100.58
4.15%
962,705.10
2,195.17
0.47%
7,682.99
NA/AAA
AAA
2.46
0.54
438123AC5 HAROT 2023-4 A3 5.67
06/21/2028 657,402.63 --
5.64%
659,029.94
658,193.79
101.06
4.15%
664,377.67
1,035.41
0.33%
6,183.88
Aaa/NA
AAA
2.64
0.65
05594HAD5 BMWLT 2025-2 A3 3.97
09/25/2028 1,050,000.00 10/08/2025
4.32%
1,049,997.06
1,049,997.11
99.94
4.04%
1,049,370.00
1,852.67
0.51%
(627.11)
NA/AAA
AAA
2.90
1.67
58769FAC9 MBART 2023-2 A3 5.95
11/15/2028 852,152.41 11/29/2023
3.88%
870,194.07
861,505.11
101.18
4.15%
862,183.95
2,253.47
0.42%
678.84
NA/AAA
AAA
3.04
0.63
05522RDH8 BACCT 2023-2 A 4.98 11/16/2026 850,000.00 01/24/2024
4.58%
858,798.83
853,261.80
101.02
4.00%
858,664.05
1,881.33
0.42%
5,402.25
Aaa/NA
AAA
1.04
0.99
47800RAD5 JDOT 2024 A3 4.96 11/15/2028 500,000.00 03/25/2024
5.13%
499,765.63
499,846.43
100.78
4.05%
503,912.50
1,102.22
0.25%
4,066.07
Aaa/NA
AAA
3.04
0.81
437930AC4 HAROT 2024-2 A3 5.27
11/20/2028 535,000.00 05/14/2024
5.27%
534,935.00
534,955.92
101.08
4.07%
540,786.03
1,018.13
0.26%
5,830.11
NA/AAA
AAA
3.05
0.86
36268GAD7 GMCAR 2024-1 A3 4.85
12/18/2028 1,233,637.14 --
4.97%
1,231,680.89
1,232,322.03
100.53
4.14%
1,240,149.51
2,492.98
0.61%
7,827.48
Aaa/NA
AAA
3.13
0.70
161571HV9 CHAIT 241 A 4.6 01/16/2029 1,690,000.00 01/24/2024
4.61%
1,689,742.61
1,689,833.52
100.83
3.93%
1,703,945.88
3,455.11
0.83%
14,112.36
NA/AAA
AAA
3.21
1.14
096919AD7 BMWOT 2024-A A3 5.18
02/26/2029 695,000.00 06/04/2024
5.18%
694,894.43
694,925.59
100.94
4.09%
701,544.12
600.02
0.34%
6,618.53
Aaa/AAA
NA
3.32
0.82
58770XAD5 MBALT 2025-B A3 3.88
04/16/2029 1,045,000.00 10/16/2025
4.57%
1,044,828.52
1,044,829.87
99.63
4.11%
1,041,147.09
1,013.65
0.51%
(3,682.78)
NA/AAA
AAA
3.46
1.91
05522RDJ4 BACCT 2024-1 A 4.93 05/15/2029 785,000.00 06/06/2024
4.93%
784,955.96
784,968.48
101.52
3.94%
796,904.53
1,720.02
0.39%
11,936.05
Aaa/AAA
NA
3.54
1.45
24 111
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
02582JKP4 AMXCA 2025-2 A 4.28 04/15/2030 1,420,000.00 05/06/2025
4.28%
1,419,974.30
1,419,976.76
100.98
3.89%
1,433,950.08
2,701.16
0.70%
13,973.32
NA/AAA
AAA
4.45
2.28
92970QAJ4 WFCIT 2025-1 A 4.34 05/15/2030 1,365,000.00 06/03/2025
4.33%
1,364,977.34
1,364,979.15
101.14
3.90%
1,380,524.15
2,632.93
0.68%
15,544.99
NA/AAA
AAA
4.54
2.35
17305EHA6 CCCIT 2025-A1 A1 4.3 06/21/2030 1,500,000.00 10/09/2025
3.90%
1,515,000.00
1,514,664.97
101.01
3.89%
1,515,157.50
22,395.83
0.74%
492.53
Aaa/AAA
NA
4.64
2.43
16,213,473.29 100.77 16,300,976.00 7.98%3.27
Total ABS 16,176,834.70 4.67%16,200,708.01 4.03%50,704.44 100,267.99 1.36
AGENCY
3130B0TY5 FEDERAL HOME LOAN BANKS 4.75
04/09/2027 1,875,000.00 04/10/2024
4.85%
1,870,050.00
1,872,626.90
101.67
3.55%
1,906,218.75
5,442.71
0.93%
33,591.85
Aa1/AA+
AA+
1.44
1.37
3133ERDS7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 05/06/2027 2,400,000.00 06/20/2024
4.55%
2,412,552.00
2,406,593.09
101.57
3.67%
2,437,593.60
55,416.67
1.19%
31,000.51
Aa1/AA+
AA+
1.51
1.41
3133EPC60 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.625 11/15/2027 2,800,000.00 11/09/2023
4.73%
2,789,612.00
2,794,710.01
101.85
3.67%
2,851,909.20
59,713.89
1.40%
57,199.19
Aa1/AA+
AA+
2.04
1.89
7,072,214.00 101.71 7,195,721.55 3.52%1.70
Total Agency 7,075,000.00 4.70%7,073,930.00 3.64%120,573.26 121,791.55 1.59
AGENCY CMBS
3137BSP72 FHMS K-058 A2 2.653 08/25/2026 650,000.00 11/12/2021
1.36%
687,451.17
655,951.20
98.85
3.97%
642,538.00
1,437.04
0.31%
(13,413.20)
Aa1/AA+
AAA
0.82
0.75
3137FBBX3 FHMS K-068 A2 3.244 08/25/2027 1,000,000.00 09/28/2022
4.36%
950,664.06
982,146.16
98.85
3.83%
988,452.00
2,703.33
0.48%
6,305.84
Aaa/AA+
AA+
1.82
1.67
3137FKUP9 FHMS K-087 A2 3.771 12/25/2028 2,000,000.00 07/01/2024
4.86%
1,913,359.38
1,939,405.38
99.55
3.87%
1,991,060.00
6,285.00
0.97%
51,654.62
Aa1/AAA
AA+
3.15
2.79
3137FL6P4 FHMS K-089 A2 3.563 01/25/2029 1,288,000.00 07/03/2024
4.70%
1,228,178.44
1,245,719.28
98.87
3.89%
1,273,448.18
3,824.29
0.62%
27,728.90
Aa1/AA+
AA+
3.24
2.96
3137H5YC5 FHMS K-748 A2 2.26 01/25/2029 2,000,000.00 07/03/2024
4.74%
1,801,718.75
1,859,858.64
95.01
3.93%
1,900,238.00
3,766.67
0.93%
40,379.36
Aa1/AA+
AAA
3.24
2.97
3137FKZZ2 FHMS K-088 A2 3.69 01/25/2029 2,550,000.00 07/17/2024
4.50%
2,465,830.08
2,490,034.11
99.28
3.88%
2,531,726.70
7,841.25
1.24%
41,692.59
Aaa/AA+
AA+
3.24
2.92
25 112
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3137FLN91 FHMS K-091 A2 3.505 03/25/2029 2,500,000.00 03/20/2025
4.25%
2,431,738.28
2,442,236.43
98.84
3.84%
2,470,940.00
7,302.08
1.21%
28,703.57
Aa1/AAA
AA+
3.40
3.05
3137FMCR1 FHMS K-093 A2 2.982 05/25/2029 1,976,444.72 09/19/2024
3.82%
1,906,805.93
1,923,510.95
97.04
3.90%
1,917,880.69
4,911.47
0.94%
(5,630.26)
Aa1/AA+
AAA
3.56
3.11
3137FNAE0 FHMS K-095 A2 2.785 06/25/2029 2,200,000.00 07/17/2024
4.47%
2,039,382.82
2,081,907.10
96.21
3.91%
2,116,664.00
5,105.83
1.04%
34,756.90
Aa1/AA+
AAA
3.65
3.30
3137FPHK4 FHMS K-098 A2 2.425 08/25/2029 1,600,000.00 09/03/2024
4.00%
1,488,375.00
1,514,628.70
94.75
3.93%
1,516,009.60
3,233.33
0.74%
1,380.90
Aa1/AA+
AAA
3.82
3.48
3137FPJG1 FHMS K-099 A2 2.595 09/25/2029 1,500,000.00 06/05/2025
4.21%
1,407,011.72
1,415,684.20
95.22
3.94%
1,428,363.00
3,243.75
0.70%
12,678.80
Aa1/AA+
AAA
3.90
3.54
3137FRUT6 FHMS K-106 A2 2.069 01/25/2030 2,000,000.00 06/06/2025
4.37%
1,810,078.13
1,826,389.74
92.70
3.96%
1,853,934.00
3,448.33
0.91%
27,544.26
Aa1/AA+
AAA
4.24
3.94
3137FTZQ3 FHMS K-110 A2 1.477 04/25/2030 1,500,000.00 09/03/2025
3.96%
1,348,652.34
1,353,557.97
90.17
3.97%
1,352,577.00
1,846.25
0.66%
(980.97)
Aa1/AA+
AAA
4.48
4.10
21,479,246.10 96.65 21,983,831.16 10.76%3.42
Total Agency CMBS 22,764,444.72 4.28%21,731,029.85 3.90%54,948.63 252,801.31 3.10
CASH
CCYUSD Receivable 62,359.47 --62,359.47
62,359.47
1.00
0.00%
62,359.47
0.00
0.03%
0.00
Aaa/AAA
AAA
0.00
0.00
62,359.47 1.00 62,359.47 0.03%0.00
Total Cash 62,359.47 62,359.47 0.00%0.00 0.00 0.00
CORPORATE
023135BX3 AMAZON.COM INC 1.0
05/12/2026 1,875,000.00 05/10/2021
1.09%
1,866,900.00
1,874,148.30
98.49
3.92%
1,846,773.75
8,802.08
0.90%
(27,374.55)
A1/AA
AA-
0.53
0.51
91324PEC2 UNITEDHEALTH GROUP INC 1.15
05/15/2026 1,035,000.00 --
1.37%
1,025,051.35
1,033,778.33
98.49
4.04%
1,019,382.89
5,488.37
0.50%
(14,395.44)
A2/A+
A
0.54
0.52
89236TJK2 TOYOTA MOTOR CREDIT CORP
1.125 06/18/2026 1,385,000.00 06/15/2021
1.13%
1,384,390.60
1,384,923.57
98.21
4.06%
1,360,155.87
5,756.41
0.67%
(24,767.70)
A1/A+
A+
0.63
0.61
57629WDE7 MASSMUTUAL GLOBAL FUNDING
II 1.2 07/16/2026 1,000,000.00 08/19/2021
1.15%
1,002,230.00
1,000,320.53
98.02
4.09%
980,173.00
3,500.00
0.48%
(20,147.53)
Aa3/AA+
AA+
0.71
0.69
26 113
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
58989V2D5 MET TOWER GLOBAL FUNDING
1.25 09/14/2026 770,000.00 09/07/2021
1.27%
769,291.60
769,877.02
97.67
4.02%
752,085.95
1,256.60
0.37%
(17,791.07)
Aa3/AA-
AA-
0.87
0.84
931142ER0 WALMART INC 1.05 09/17/2026 350,000.00 09/08/2021
1.09%
349,338.50
349,884.08
97.64
3.82%
341,744.20
449.17
0.17%
(8,139.88)
Aa2/AA
AA
0.88
0.85
59217GER6 METROPOLITAN LIFE GLOBAL
FUNDING I 1.875 01/11/2027 1,115,000.00 01/03/2022
1.90%
1,113,728.90
1,114,696.50
97.54
4.01%
1,087,594.42
6,388.02
0.53%
(27,102.08)
Aa3/AA-
AA-
1.20
1.15
808513BY0 CHARLES SCHWAB CORP 2.45
03/03/2027 960,000.00 03/01/2022
2.46%
959,729.90
959,924.27
97.99
4.01%
940,724.16
3,789.33
0.46%
(19,200.11)
A2/A-
A
1.34
1.29
084664CZ2 BERKSHIRE HATHAWAY FINANCE
CORP 2.3 03/15/2027 1,615,000.00 03/07/2022
2.30%
1,614,693.15
1,614,916.15
98.01
3.80%
1,582,897.03
4,746.31
0.77%
(32,019.12)
Aa2/AA
A+
1.37
1.32
14913UAL4 CATERPILLAR FINANCIAL SERVICES
CORP 5.0 05/14/2027 1,000,000.00 05/10/2024
5.04%
998,930.00
999,453.26
101.67
3.86%
1,016,745.00
23,194.44
0.50%
17,291.74
A2/A
A+
1.53
1.43
24422EXZ7 JOHN DEERE CAPITAL CORP 4.65
01/07/2028 1,430,000.00 01/06/2025
4.66%
1,429,571.00
1,429,687.18
101.58
3.88%
1,452,599.72
21,056.75
0.71%
22,912.54
A1/A
A+
2.19
2.03
57636QAW4 MASTERCARD INC 4.875
03/09/2028 945,000.00 03/06/2023
4.90%
944,083.35
944,569.02
102.17
3.90%
965,520.68
6,654.38
0.47%
20,951.66
Aa3/A+
NA
2.36
2.12
61690U8E3 MORGAN STANLEY BANK NA
4.968 07/14/2028 1,950,000.00 07/17/2024
4.97%
1,950,000.00
1,950,000.00
101.39
4.43%
1,977,130.35
28,793.70
0.97%
27,130.35
Aa3/A+
AA-
2.70
1.59
74340XBL4 PROLOGIS LP 4.375 02/01/2029 1,500,000.00 07/18/2024
4.68%
1,481,235.00
1,486,554.39
100.78
4.11%
1,511,773.50
16,406.25
0.74%
25,219.11
A2/A
NA
3.25
2.75
78016HZV5 ROYAL BANK OF CANADA 4.95
02/01/2029 2,000,000.00 10/31/2024
4.69%
2,019,920.00
2,015,238.22
102.73
4.04%
2,054,616.00
24,750.00
1.01%
39,377.78
A1/A
AA-
3.25
2.95
743315AV5 PROGRESSIVE CORP 4.0
03/01/2029 1,500,000.00 07/16/2024
4.72%
1,455,495.00
1,467,939.53
100.12
3.96%
1,501,762.50
10,000.00
0.74%
33,822.97
A2/A
A
3.33
2.85
64952WFG3 NEW YORK LIFE GLOBAL FUNDING
5.0 06/06/2029 1,000,000.00 07/01/2024
5.12%
994,880.00
996,265.24
102.56
4.22%
1,025,593.00
20,138.89
0.50%
29,327.76
Aa1/AA+
AAA
3.60
3.20
437076BY7 HOME DEPOT INC 2.95
06/15/2029 1,663,000.00 09/17/2024
3.93%
1,593,203.89
1,609,695.29
96.62
3.96%
1,606,793.93
18,533.21
0.79%
(2,901.36)
A2/A
A
3.62
3.35
437076DC3 HOME DEPOT INC 4.75
06/25/2029 1,000,000.00 07/01/2024
4.93%
992,260.00
994,332.23
102.39
4.04%
1,023,944.00
16,625.00
0.50%
29,611.77
A2/A
A
3.65
3.20
756109CB8 REALTY INCOME CORP 4.0
07/15/2029 1,463,000.00 08/08/2024
4.69%
1,419,212.41
1,430,128.92
99.51
4.14%
1,455,888.36
17,230.89
0.71%
25,759.44
A3/A-
NA
3.70
3.37
713448FX1 PEPSICO INC 4.5 07/17/2029 1,500,000.00 07/15/2024
4.53%
1,497,675.00
1,498,275.99
102.04
3.90%
1,530,672.00
19,500.00
0.75%
32,396.01
A1/A+
NA
3.71
3.28
27 114
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114 of 273
HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
46647PAV8 JPMORGAN CHASE & CO 4.203
07/23/2029 1,500,000.00 09/17/2024
4.27%
1,496,610.00
1,497,597.54
100.14
4.47%
1,502,032.50
17,162.25
0.74%
4,434.96
A1/A
AA-
3.73
2.52
06051GHM4 BANK OF AMERICA CORP 4.271
07/23/2029 1,500,000.00 09/17/2024
4.29%
1,498,710.00
1,499,085.79
100.38
4.47%
1,505,631.00
17,439.92
0.74%
6,545.21
A1/A-
AA-
3.73
2.52
30303M8S4 META PLATFORMS INC 4.3
08/15/2029 912,000.00 08/12/2024
4.33%
910,584.09
910,927.60
100.97
4.02%
920,815.39
8,278.93
0.45%
9,887.79
Aa3/AA-
NA
3.79
3.36
171239AL0 CHUBB INA HOLDINGS LLC 4.65
08/15/2029 1,750,000.00 --
4.44%
1,765,746.34
1,762,147.92
101.97
4.08%
1,784,552.00
17,179.17
0.87%
22,404.08
A2/A
A
3.79
3.34
91324PDS8 UNITEDHEALTH GROUP INC 2.875
08/15/2029 2,000,000.00 09/17/2024
3.94%
1,906,080.00
1,927,515.98
95.72
4.11%
1,914,408.00
12,138.89
0.94%
(13,107.98)
A2/A+
A
3.79
3.51
02665WFQ9 AMERICAN HONDA FINANCE
CORP 4.4 09/05/2029 1,750,000.00 10/02/2024
4.29%
1,758,102.50
1,756,326.98
100.73
4.19%
1,762,818.75
11,977.78
0.86%
6,491.77
A3/A-
NA
3.85
3.48
40139LBJ1 GUARDIAN LIFE GLOBAL FUNDING
4.179 09/26/2029 1,205,000.00 09/23/2024
4.18%
1,205,000.00
1,205,000.00
99.96
4.19%
1,204,462.57
4,895.81
0.59%
(537.43)
Aa1/AA+
NA
3.90
3.55
61748UAK8 MORGAN STANLEY 4.133
10/18/2029 1,470,000.00 10/17/2025
4.25%
1,470,184.60
1,470,182.91
99.77
4.40%
1,466,564.61
1,518.88
0.72%
(3,618.30)
A1/A-
A+
3.96
2.75
38141GD27 GOLDMAN SACHS GROUP INC
4.153 10/21/2029 1,025,000.00 10/14/2025
4.37%
1,025,000.00
1,025,000.00
99.70
4.43%
1,021,967.03
1,182.45
0.50%
(3,032.98)
A2/BBB+
A
3.97
2.76
14913UAU4 CATERPILLAR FINANCIAL SERVICES
CORP 4.7 11/15/2029 1,200,000.00 11/14/2024
4.74%
1,198,092.00
1,198,458.76
102.60
4.00%
1,231,198.80
26,006.67
0.60%
32,740.04
A2/A
A+
4.04
3.58
64952WFK4 NEW YORK LIFE GLOBAL FUNDING
4.6 12/05/2029 1,365,000.00 12/02/2024
4.61%
1,364,221.95
1,364,362.99
101.46
4.21%
1,384,913.99
25,464.83
0.68%
20,551.00
Aa1/AA+
AAA
4.10
3.63
89236TNA9 TOYOTA MOTOR CREDIT CORP
4.95 01/09/2030 1,445,000.00 01/06/2025
5.00%
1,441,907.70
1,442,408.97
103.07
4.14%
1,489,336.94
22,253.00
0.73%
46,927.96
A1/A+
A+
4.19
3.70
63743HFX5
NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP 4.95
02/07/2030
1,000,000.00 02/05/2025
4.88%
1,002,873.61
1,002,446.17
102.92
4.19%
1,029,172.00
11,550.00
0.50%
26,725.83
A2/NA
A
4.27
3.71
571748CA8 MARSH & MCLENNAN
COMPANIES INC 4.65 03/15/2030 1,400,000.00 03/11/2025
4.69%
1,397,340.00
1,397,673.96
101.65
4.23%
1,423,158.80
8,318.33
0.70%
25,484.84
A3/A-
A-
4.37
3.83
57629TBX4 MASSMUTUAL GLOBAL FUNDING
II 4.55 05/07/2030 1,000,000.00 05/01/2025
4.58%
998,670.00
998,799.65
100.96
4.31%
1,009,562.00
21,991.67
0.49%
10,762.35
Aa3/AA+
AA+
4.51
3.96
66815L2W8 NORTHWESTERN MUTUAL
GLOBAL FUNDING 4.6 06/03/2030 1,000,000.00 06/12/2025
4.51%
1,004,040.00
1,003,726.32
101.48
4.24%
1,014,822.00
18,911.11
0.50%
11,095.68
Aa1/AA+
AAA
4.59
4.03
28 115
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
828807DK0 SIMON PROPERTY GROUP LP 2.65
07/15/2030 2,000,000.00 08/19/2025
4.32%
1,853,380.00
1,859,359.47
93.36
4.22%
1,867,104.00
15,605.56
0.91%
7,744.53
A3/A
NA
4.70
4.31
40139LBN2 GUARDIAN LIFE GLOBAL FUNDING
4.327 10/06/2030 1,500,000.00 09/30/2025
4.33%
1,500,000.00
1,500,000.00
100.05
4.31%
1,500,786.00
4,507.29
0.73%
786.00
Aa1/AA+
NA
4.93
4.38
141781CF9 CARGILL INC 4.125 10/23/2030 1,100,000.00 10/20/2025
4.14%
1,099,171.70
1,099,175.78
99.48
4.24%
1,094,269.00
1,008.33
0.54%
(4,906.78)
A2/A
NA
4.98
4.45
Total Corporate 53,178,000.00 3.98%
52,757,534.14
52,844,804.80
100.02
4.13%
53,162,145.66
510,450.67
26.03%
317,340.85
3.21
2.76
MONEY MARKET
FUND
992995944 WC MMF SWEEP 52,594.74 --
2.85%
52,594.74
52,594.74
1.00
2.10%
52,594.74
0.00
0.03%
0.00
NA/NA
NA
0.00
0.00
VP4520004 WF ADV 100% TREAS MM FD-SVC
CL #008 3,807,043.04 --
0.01%
3,807,043.04
3,807,043.04
1.00
3.55%
3,807,043.04
0.00
1.86%
0.00
Aaa/AAAm
NA
0.00
0.00
Total Money Market
Fund 3,859,637.78 0.05%
3,859,637.78
3,859,637.78
1.00
3.53%
3,859,637.78
0.00
1.89%
0.00
0.00
0.00
MUNICIPAL BONDS
13063EGT7 CALIFORNIA STATE 4.5 08/01/2029 1,740,000.00 10/30/2024
4.38%
1,749,169.80
1,747,256.33
102.55
3.76%
1,784,389.14
19,575.00
0.87%
37,132.81
Aa2/AA-
AA
3.75
3.39
Total Municipal
Bonds 1,740,000.00 4.38%
1,749,169.80
1,747,256.33
102.55
3.76%
1,784,389.14
19,575.00
0.87%
37,132.81
3.75
3.39
SUPRANATIONAL
4581X0DV7 INTER-AMERICAN DEVELOPMENT
BANK 0.875 04/20/2026 2,460,000.00 04/13/2021
0.97%
2,448,733.20
2,458,951.06
98.59
3.98%
2,425,222.98
657.71
1.19%
(33,728.08)
Aaa/AAA
NA
0.47
0.46
459058LN1
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 3.875 10/16/2029
1,750,000.00 12/12/2024
4.25%
1,721,510.00
1,726,714.90
100.60
3.71%
1,760,501.75
2,817.50
0.86%
33,786.85
Aaa/AAA
NA
3.96
3.63
459058LR2
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 4.125 03/20/2030
1,700,000.00 03/14/2025
4.20%
1,694,220.00
1,694,935.38
101.58
3.73%
1,726,861.70
7,986.46
0.85%
31,926.32
Aaa/AAA
NA
4.38
3.96
29 116
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Supranational 5,910,000.00 2.89%
5,864,463.20
5,880,601.35
100.06
3.83%
5,912,586.43
11,461.67
2.89%
31,985.08
2.65
2.43
US TREASURY
91282CAZ4 UNITED STATES TREASURY 0.375
11/30/2025 2,250,000.00 03/26/2021
0.76%
2,209,658.20
2,249,314.64
99.73
4.02%
2,243,952.00
3,550.20
1.10%
(5,362.64)
Aa1/AA+
AA+
0.08
0.07
91282CBH3 UNITED STATES TREASURY 0.375
01/31/2026 2,500,000.00 05/27/2021
0.75%
2,456,445.31
2,497,680.82
99.15
3.91%
2,478,807.50
2,369.23
1.21%
(18,873.32)
Aa1/AA+
AA+
0.25
0.24
91282CBW0 UNITED STATES TREASURY 0.75
04/30/2026 2,500,000.00 05/27/2021
0.80%
2,493,652.34
2,499,364.53
98.52
3.82%
2,462,910.00
51.80
1.21%
(36,454.53)
Aa1/AA+
AA+
0.50
0.48
91282CCZ2 UNITED STATES TREASURY 0.875
09/30/2026 1,400,000.00 10/18/2021
1.19%
1,379,054.68
1,396,140.13
97.45
3.76%
1,364,365.80
1,076.92
0.67%
(31,774.33)
Aa1/AA+
AA+
0.91
0.89
91282CDG3 UNITED STATES TREASURY 1.125
10/31/2026 1,400,000.00 11/15/2021
1.25%
1,391,468.75
1,398,283.37
97.47
3.74%
1,364,617.80
43.51
0.67%
(33,665.57)
Aa1/AA+
AA+
1.00
0.97
91282CJP7 UNITED STATES TREASURY 4.375
12/15/2026 2,500,000.00 12/28/2023
4.01%
2,525,097.66
2,509,487.01
100.70
3.73%
2,517,382.50
41,538.59
1.23%
7,895.49
Aa1/AA+
AA+
1.12
1.06
91282CKJ9 UNITED STATES TREASURY 4.5
04/15/2027 2,300,000.00 04/17/2024
4.77%
2,283,109.38
2,291,802.17
101.18
3.65%
2,327,133.10
4,833.79
1.14%
35,330.93
Aa1/AA+
AA+
1.45
1.39
91282CKR1 UNITED STATES TREASURY 4.5
05/15/2027 3,200,000.00 05/08/2024
4.65%
3,186,500.00
3,193,095.89
101.26
3.65%
3,240,249.60
66,521.74
1.59%
47,153.71
Aa1/AA+
AA+
1.54
1.44
91282CEW7 UNITED STATES TREASURY 3.25
06/30/2027 3,250,000.00 --
3.18%
3,260,312.50
3,253,335.18
99.40
3.62%
3,230,574.75
35,591.03
1.58%
(22,760.43)
Aa1/AA+
AA+
1.66
1.58
91282CFB2 UNITED STATES TREASURY 2.75
07/31/2027 400,000.00 08/22/2022
3.12%
393,218.75
397,604.18
98.53
3.63%
394,125.20
2,779.89
0.19%
(3,478.98)
Aa1/AA+
AA+
1.75
1.67
91282CFH9 UNITED STATES TREASURY 3.125
08/31/2027 4,500,000.00 --
3.28%
4,468,902.34
4,488,563.09
99.14
3.61%
4,461,502.50
24,084.94
2.18%
(27,060.59)
Aa1/AA+
AA+
1.83
1.75
91282CFM8 UNITED STATES TREASURY 4.125
09/30/2027 3,450,000.00 --
4.31%
3,421,152.34
3,438,793.18
100.94
3.61%
3,482,478.30
12,510.99
1.70%
43,685.12
Aa1/AA+
AA+
1.91
1.81
91282CFZ9 UNITED STATES TREASURY 3.875
11/30/2027 850,000.00 12/05/2022
3.81%
852,656.25
851,107.74
100.55
3.60%
854,681.80
13,858.95
0.42%
3,574.06
Aa1/AA+
AA+
2.08
1.95
91282CGC9 UNITED STATES TREASURY 3.875
12/31/2027 2,750,000.00 --
3.67%
2,775,107.42
2,761,031.66
100.58
3.59%
2,765,897.75
35,906.93
1.35%
4,866.09
Aa1/AA+
AA+
2.17
2.03
30 117
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CGH8 UNITED STATES TREASURY 3.5
01/31/2028 3,000,000.00 02/07/2023
3.81%
2,957,929.69
2,981,001.25
99.80
3.59%
2,993,907.00
26,535.33
1.47%
12,905.75
Aa1/AA+
AA+
2.25
2.12
91282CGP0 UNITED STATES TREASURY 4.0
02/29/2028 3,700,000.00 --
4.01%
3,699,113.28
3,699,649.18
100.89
3.60%
3,732,952.20
25,348.07
1.83%
33,303.02
Aa1/AA+
AA+
2.33
2.19
91282CNY3 UNITED STATES TREASURY 3.375
09/15/2028 5,000,000.00 10/28/2025
3.50%
4,982,812.50
4,982,861.51
99.39
3.60%
4,969,530.00
21,909.53
2.43%
(13,331.51)
Aa1/AA+
AA+
2.88
2.69
91282CKG5 UNITED STATES TREASURY 4.125
03/31/2029 2,300,000.00 04/17/2024
4.62%
2,249,867.19
2,265,450.51
101.57
3.63%
2,336,116.90
8,340.66
1.14%
70,666.39
Aa1/AA+
AA+
3.41
3.15
91282CKX8 UNITED STATES TREASURY 4.25
06/30/2029 2,000,000.00 07/01/2024
4.41%
1,985,546.88
1,989,405.80
102.06
3.64%
2,041,250.00
28,641.30
1.00%
51,844.20
Aa1/AA+
AA+
3.66
3.32
91282CLK5 UNITED STATES TREASURY 3.625
08/31/2029 3,500,000.00 09/11/2024
3.45%
3,527,480.47
3,521,205.28
99.88
3.66%
3,495,761.50
21,729.97
1.71%
(25,443.78)
Aa1/AA+
AA+
3.83
3.52
91282CLN9 UNITED STATES TREASURY 3.5
09/30/2029 5,000,000.00 --
3.83%
4,925,039.06
4,940,933.23
99.43
3.66%
4,971,290.00
15,384.62
2.43%
30,356.77
Aa1/AA+
AA+
3.91
3.61
91282CLR0 UNITED STATES TREASURY 4.125
10/31/2029 3,000,000.00 10/31/2024
4.17%
2,993,789.06
2,995,031.25
101.69
3.67%
3,050,742.00
341.85
1.49%
55,710.75
Aa1/AA+
AA+
4.00
3.66
91282CMD0 UNITED STATES TREASURY 4.375
12/31/2029 4,400,000.00 --
4.53%
4,369,171.88
4,374,103.55
102.68
3.67%
4,518,078.40
64,864.13
2.21%
143,974.85
Aa1/AA+
AA+
4.17
3.73
91282CMG3 UNITED STATES TREASURY 4.25
01/31/2030 4,000,000.00 02/07/2025
4.34%
3,983,906.25
3,986,245.87
102.22
3.68%
4,088,908.00
42,961.96
2.00%
102,662.13
Aa1/AA+
AA+
4.25
3.82
91282CGQ8 UNITED STATES TREASURY 4.0
02/28/2030 4,500,000.00 --
4.01%
4,496,958.99
4,497,302.46
101.27
3.68%
4,557,303.00
30,828.73
2.23%
60,000.54
Aa1/AA+
AA+
4.33
3.92
91282CNK3 UNITED STATES TREASURY 3.875
06/30/2030 5,000,000.00 --
3.78%
5,020,507.81
5,020,996.08
100.76
3.69%
5,038,085.00
65,285.33
2.47%
17,088.92
Aa1/AA+
AA+
4.66
4.18
91282CHR5 UNITED STATES TREASURY 4.0
07/31/2030 5,000,000.00 10/23/2025
3.59%
5,089,062.50
5,088,653.25
101.27
3.71%
5,063,280.00
50,543.48
2.48%
(25,373.25)
Aa1/AA+
AA+
4.75
4.25
91282CNX5 UNITED STATES TREASURY 3.625
08/31/2030 5,000,000.00 --
3.66%
4,991,425.79
4,991,743.36
99.65
3.70%
4,982,420.00
31,042.82
2.44%
(9,323.36)
Aa1/AA+
AA+
4.83
4.36
91282CPA3 UNITED STATES TREASURY 3.625
09/30/2030 5,000,000.00 --
3.59%
5,008,789.06
5,008,742.45
99.63
3.71%
4,981,250.00
15,934.07
2.44%
(27,492.45)
Aa1/AA+
AA+
4.91
4.44
Total US Treasury 93,650,000.00 3.58%
93,377,736.33
93,568,928.63
100.40
3.68%
94,009,552.60
694,410.34
46.02%
440,623.97
3.05
2.79
31 118
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HOLDINGS REPORT
City of Cupertino | Account #10659 | As of October 31, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Portfolio 204,416,276.67 3.81%
202,435,834.11
202,969,256.23
98.07
3.85%
204,271,199.79
1,462,124.01
100.00%
1,301,943.56
3.04
2.60
Total Market Value +
Accrued 205,733,323.80
32 119
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TRANSACTIONS
33 120
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TRANSACTION LEDGER
City of Cupertino | Account #10659|10/01/2025 Through 10/31/2025|
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 10/10/2025 17305EHA6 1,500,000.00 CCCIT 2025-A1 A1 4.3
06/21/2030 101.000 3.90%(1,515,000.00)(18,633.33)(1,533,633.33)0.00
Purchase 10/15/2025 05594HAD5 1,050,000.00 BMWLT 2025-2 A3
3.97 09/25/2028 100.000 4.32%(1,049,997.06)0.00 (1,049,997.06)0.00
Purchase 10/21/2025 38141GD27 1,025,000.00
GOLDMAN SACHS
GROUP INC 4.153
10/21/2029
100.000 4.37%(1,025,000.00)0.00 (1,025,000.00)0.00
Purchase 10/21/2025 91282CPA3 2,500,000.00
UNITED STATES
TREASURY 3.625
09/30/2030
100.184 3.58%(2,504,589.84)(5,228.37)(2,509,818.21)0.00
Purchase 10/22/2025 58770XAD5 1,045,000.00 MBALT 2025-B A3 3.88
04/16/2029 99.984 4.57%(1,044,828.52)0.00 (1,044,828.52)0.00
Purchase 10/22/2025 61748UAK8 710,000.00 MORGAN STANLEY
4.133 10/18/2029 100.026 4.12%(710,184.60)0.00 (710,184.60)0.00
Purchase 10/22/2025 61748UAK8 760,000.00 MORGAN STANLEY
4.133 10/18/2029 100.000 4.36%(760,000.00)0.00 (760,000.00)0.00
Purchase 10/23/2025 141781CF9 165,000.00 CARGILL INC 4.125
10/23/2030 99.741 4.18%(164,572.65)0.00 (164,572.65)0.00
Purchase 10/23/2025 141781CF9 275,000.00 CARGILL INC 4.125
10/23/2030 99.982 4.13%(274,950.50)0.00 (274,950.50)0.00
Purchase 10/23/2025 141781CF9 385,000.00 CARGILL INC 4.125
10/23/2030 99.928 4.14%(384,722.80)0.00 (384,722.80)0.00
Purchase 10/23/2025 141781CF9 275,000.00 CARGILL INC 4.125
10/23/2030 99.973 4.13%(274,925.75)0.00 (274,925.75)0.00
Purchase 10/24/2025 91282CNX5 2,000,000.00
UNITED STATES
TREASURY 3.625
08/31/2030
100.160 3.59%(2,003,203.13)(10,814.92)(2,014,018.05)0.00
Purchase 10/24/2025 91282CHR5 5,000,000.00
UNITED STATES
TREASURY 4.0
07/31/2030
101.781 3.59%(5,089,062.50)(46,195.65)(5,135,258.15)0.00
Purchase 10/24/2025 91282CPA3 2,500,000.00
UNITED STATES
TREASURY 3.625
09/30/2030
100.168 3.59%(2,504,199.22)(5,975.27)(2,510,174.49)0.00
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TRANSACTION LEDGER
City of Cupertino | Account #10659|10/01/2025 Through 10/31/2025|
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Purchase 10/29/2025 91282CNK3 2,500,000.00
UNITED STATES
TREASURY 3.875
06/30/2030
101.164 3.60%(2,529,101.56)(31,852.92)(2,560,954.48)0.00
Purchase 10/29/2025 91282CNY3 5,000,000.00
UNITED STATES
TREASURY 3.375
09/15/2028
99.656 3.50%(4,982,812.50)(20,511.05)(5,003,323.55)0.00
Total Purchase 26,690,000.00 (26,817,150.63)(139,211.51)(26,956,362.14)0.00
TOTAL
ACQUISITIONS 26,690,000.00 (26,817,150.63)(139,211.51)(26,956,362.14)0.00
DISPOSITIONS
Maturity 10/28/2025 459058JL8 (1,400,000.00)
INTERNATIONAL BANK
FOR RECONSTRUCTION
AND DEVELOPM 0.5
10/28/2025
100.000 0.60%1,400,000.00 0.00 1,400,000.00 0.00
Maturity 10/31/2025 91282CAT8 (1,950,000.00)
UNITED STATES
TREASURY 0.25
10/31/2025
100.000 0.49%1,950,000.00 0.00 1,950,000.00 0.00
Total Maturity (3,350,000.00)3,350,000.00 0.00 3,350,000.00 0.00
TOTAL
DISPOSITIONS (3,350,000.00)3,350,000.00 0.00 3,350,000.00 0.00
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IMPORTANT DISCLOSURES
City of Cupertino | As of October 31, 2025
2025 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.
Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the
price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation
policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include
the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any
specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors,
market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or
custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not
possible to invest directly in an index.
Source ICE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “as is” basis; ICE, its affiliates and their respective third party
suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use,
including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the
quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof
are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler
asset management, or any of its products or services.
This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from
sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on
current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied
upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice
regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.
Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the
possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on
greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.
Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee
its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency
guarantees the full and timely payment of both principal and interest.
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BENCHMARK DISCLOSURES
City of Cupertino | Account #10659 | As of October 31, 2025
Benchmark Disclosure
ICE BofA 1-5 Yr US Treasury & Agency Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and
nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating
(based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final
maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed
coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.
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CITY OF CUPERTINO
Agenda Item
Subject:Establishment of New Friendship City Relationships with Xuhui District, Shanghai, People’s
Republic of China and Danzhou, Hainan Province, People’s Republic of China
Approve the establishment of new Friendship City relationships with:
1. Xuhui District, Shanghai, People’s Republic of China; and
2. Danzhou, Hainan Province, People’s Republic of China
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Establishment of a New Friendship City Relationships with Xuhui District, Shanghai, People’s
Republic of China and Danzhou, Hainan Province, People’s Republic of China
Recommended Action
Approve the establishment of new Friendship City relationships with:
1. Xuhui District, Shanghai, People’s Republic of China; and
2. Danzhou, Hainan Province, People’s Republic of China
Background
The Cupertino City Council established its Friendship City program in September 2016.
Although less formal than a Sister City relationship, a Friendship City relationship is an
additional way to foster international cooperation at a local level. The City currently has four
Friendship Cities that were recently renewed this year, which can be viewed at the Sister and
Friendship City webpage.
In November, the City received new Friendship City applications from Xuhui District,
Shanghai, People’s Republic of China (Xuhui) (Attachment A) and Danzhou, Hainan Province,
People’s Republic of China (Attachment B). The Sister and Friendship City policy (Attachment
C) requires that all proposed Friendship City relationships must have Councilmember or
community sponsorship and be approved by the City Council. Mayor Liang Chao has
sponsored this organization and has requested that the City Council consider approving them
as a new Friendship City.
Reasons for Recommendation and Available Options
The Friendship City relationships within Cupertino are coordinated and managed by local
committees of community members and require minimal staff involvement. These committees
maintain communication with the affiliate city, while coordinating and implementing activities
related to the Friendship City Program. Both applicants have indicated that a formal committee
will be established upon approval of their application.
If approved, the City will issue a signed Letter of Intent (Attachments D and E) establishing the
Friendship City relationships between Cupertino and Xuhui and Cupertino and Danzhou. Each
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Friendship City relationship would last for two years and may be renewed administratively in
2027.
Sustainability Impact
No sustainability impact.
City Work Program (CWP) Item/Description
None
Council Goal:
Quality of life
Fiscal Impact
The Sister and Friendship City policy (Attachment C) states that each member of a delegation
may receive a gift not exceeding $25. There is staff time involved with the preparation of gifts,
presentations, and tours, but Friendship Cities do not receive direct funding or facility waivers
from the City.
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/ City Clerk
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Friendship City Application - Xuhui District, Shanghai, People’s Republic of China
B - Friendship City Application - Danzhou, Hainan Province, People’s Republic of China
C – Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations for
the City of Cupertino
D – Letter of Intent –Xuhui District
E - Letter of Intent –Danzhou
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CITY OF CUPERTINO
FRIENDSHIP CITIES PROGRAM
APPLICATION FOR DESIGNATION
Instructions
This application is to be completed by the Friendship City Committee of the requesting international
city and submitted electronically to the Cupertino City Manager’s Office by emailing
&LW\0DQDJHU@cupertino.gRY.
Background
A Friendship Cities Designation is an established relationship between the City of Cupertino and
a partnering international organization that is mutually beneficial. The first step towards
establishing a Friendship Cities Designation is to complete this application. This application helps to
identify proposed goals of the relationship, the supporting activities expected, and highlights the areas
of interest strengths, or needs of each party. The proponents of establishing such a relationship must
be a collaboration of a community organization (a Friendship City Committee) and an elected
official of the participating international city.
Who May Request a Friendship Cities Designation?
Any established Friendship City Committee of the proponent Friendship City may submit an
application. The most successful applications will have more than one sponsor and will represent
multiple agencies or organizations.
Processing and Approval of the Application
This application will clearly state the rationale and the goals of the relationship and the mutual benefits
in establishing this relationship. Once the designation is in place, all information in the application will
be shared with the community and stakeholders upon request.
Complete information for key contacts and authorizing individuals (the signing authorities) must
be provided before the relationship can be finalized. In addition, the committee must have a
Cupertino Councilmember sponsorship. Incomplete information will delay the process. A
Friendship Cities Designation will be authorized for a period of two (2) years as outlined in the City of
Cupertino’s “Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations”
and will be subject to all guidelines therein.
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Today's date:
Name of person requesting relationship:
Title:
Affiliation:
Address:
Email: Phone:
City of Cupertino Sponsor(s):
Friendship City Elected Official Sponsor:
Name and Country of the proposed
Friendship City and the
Friendship City Committee:
CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR DESIGNATION
To be completed in English by the requesting organization
Xuhui District, Shanghai, People's Republic of China
Shanghai Xuhui Friendship City Committee
11/10/2025
Lanru Huang, Xianchen Xu
Cupertino - Shanghai Xuhui Friendship City Committee
Board Members: Cupertino - Shanghai Xuhui Friendship City Committee
20830 Stevens Creek Blvd #1048
Cupertino, CA 95014
CupertinoShanghaiFriendship@gmail.com (408) 806-7026
Liang Chao, Mayor (2024-2025)
Gang Wei, Deputy Director, Foreign Affairs Office of Xuhui
District, Shanghai, People's Republic of China
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RESOURCES: Please address monetary and in-kind resources that may be necessary to conduct the activities of
this relationship, how they are to be obtained, and from whom. If none, state “no funding required”. Please note
that the City of Cupertino does not currently provide funding for Friendship Cities.
No funding required.
We do not intend to utilize any resources from the City of Cupertino. All proposed activities will be
supported by community members, non-profit organizations, or other volunteer-based groups.
Any in-kind resources used, if applicable, will be in full compliance with the relevant Friendship
Cities policies.
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PROFILE: Please attach a brief profile of your city and Friendship City Committee including, but not limited to:
background, location, nature, size, and relevant programs.
Shanghai is China’s largest and most developed city, serving as a global financial center and a
major hub for trade, innovation, and culture. Known for its dynamic economy, modern skyline,
and historical landmarks, Shanghai plays a leading role in shaping China's economic and
international outlook.
Located in the heart of Shanghai (just like Cupertino located in the heart of Silicon Valley), Xuhui
District is one of the city’s most vibrant and historically rich areas. It blends tradition with modernity,
featuring elegant French-style architecture from its days as part of the former French Concession
alongside bustling commercial zones and high-end residential neighborhoods. Xuhui is also a
cultural and educational hub, home to renowned institutions such as Shanghai Jiao Tong
University and various museums, galleries, and theaters. With its tree-lined streets, thriving business
environment, and cultural charm, Xuhui represents both the historical depth and forward-looking
spirit of Shanghai.
We will form a formal committee once the application is approved.
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Items to include:
• Areas of mutual interest upon which the relationship will focus.
•Opportunities for new activities and potential outcomes.
RATIONALE: Please explain the rationale and focus of the requested Friendship Cities Designation. Describe why
a Friendship City relationship would be beneficial to the City of Cupertino and your local community,
organization, and city. Please outline the areas of mutual strength and interest for each of the participants.
Names, titles, and affiliations of those who will be involved at the proponent Friendship City and the
Friendship City Committee. Be sure to include information for the proponent Friendship City’s Mayor
as they will have the primary signing authority of the Friendship City.
Benefits and measurable results that the City of Cupertino and proponent Friendship City can expect as
a result of the establishment of such a relationship.
•
•
Gang Wei, Deputy Director, Foreign Affairs Office of Xuhui District, Shanghai, People's Republic of
China
There is frequent movement of people, economic exchange, and cultural interaction between
the City of Cupertino and Shanghai's Xuhui District. The District Mayor of Xuhui has written a letter
expressing the hope to establish an official sister-city relationship with Cupertino, in order to
promote bilateral cooperation in business, culture, education, and other areas. This proposal
received a warm response from the Mayor of Cupertino. The letters will be provided later.
The Friendship City relationship will center on areas of mutual interest, with a focus on ongoing
collaboration and exchange between the two cities. City officials and staff will continue to
engage in both virtual and in-person meetings to share best practices and experiences in
municipal services. Once the formal Friendship City partnership is established, the Friendship City
Committee will encourage increased people-to-people exchanges and coordinate official
delegations to visit Xuhui District in Shanghai.
The establishment of this relationship is expected to yield a variety of benefits for both the City of
Cupertino and its Friendship City partner. These include:
• Strengthened international cooperation and mutual understanding
• Enhanced educational and cultural exchange opportunities for local students and educators
• Knowledge sharing in areas such as urban planning, public services, and community
engagement
• Development of long-term relationships that support future collaboration in education, culture,
and economic development
• Measurable outcomes such as implemented exchange programs, successful delegation visits,
and documented improvements in shared service practices This partnership aims to create
meaningful, lasting impact through mutual learning and international friendship.
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RATIONALE (continued):
CITY GOVERNMENT
Friendship city programs foster meaningful connections between international municipal officials,
institutions, and businesses. These relationships build trust, open new channels for collaboration,
and provide access to valuable expertise—helping local organizations identify fresh opportunities
and resources.
Through peer learning and exchange, municipal employees and elected officials can share best
practices and innovative approaches to public service. These collaborations can enhance policy
development and management in key areas such as sanitation, water, public health,
transportation, sustainability, economic development, and education.
In times of crisis, friendship city partnerships can also play a vital role in mobilizing support—raising
funds or coordinating the collection of essential supplies for natural disasters, health emergencies,
or other urgent situations, including pandemic response efforts.
EDUCATIONAL
Non-governmental organizations may collaborate to develop additional programs, such as
summer camps for students from both cities. These initiatives provide a wide range of valuable
benefits and outcomes, including:
• Cultural Understanding: Exposure to international learning environments fosters greater
acceptance of and appreciation for diverse cultures and community perspectives.
• Language Skills: Students enhance their ability to communicate across cultures through
language acquisition and daily practice.
• Adaptability in Learning: Participants gain insight into alternative educational approaches and
develop more flexible, multi-dimensional learning strategies.
• Critical Thinking: The experience strengthens analytical and problem-solving skills in real-world,
cross-cultural settings.
• Global Awareness: Exchange students often develop a deeper interest in global issues and
broaden their general knowledge.
• Personal Growth: Immersion in a new environment promotes self-awareness, confidence, and
self esteem — often one of the most noticeable changes in returning students.
• Maturity and Independence: Navigating life outside of familiar support systems builds resilience,
social poise, and emotional maturity.
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ADDITIONAL INFORMATION: Please add any additional information about this proposed relationship, the
proponent Friendship City, and/or the Friendship City Committee that you wish to share.
Famous Landmarks in Xuhui District:
Shanghai Jiao Tong University (SJTU) is one of China’s oldest and most prestigious institutions of higher
education. Founded in 1896, SJTU has played a vital role in China’s modernization and development, earning
a reputation for academic excellence, cutting edge research, and innovation.
Located in the dynamic city of Shanghai, the university offers a wide range of programs across science,
engineering, medicine, business, humanities, and the arts. It is particularly well-known for its strengths in
engineering, computer science, and business, and is home to several national key laboratories and research
centers.
As a member of China’s elite C9 League (often compared to the Ivy League in the U.S.), SJTU collaborates
extensively with top universities and institutions worldwide. It also initiated the globally influential Academic
Ranking of World Universities (ARWU), also known as the Shanghai Ranking.
With a strong commitment to global engagement and talent development, Shanghai Jiao Tong University
continues to be a leading force in education, research, and international collaboration.
The Shanghai Film Museum is a landmark institution that celebrates the rich legacy of China’s film industry,
particularly its roots in Shanghai—the birthplace of Chinese cinema. Housed in a beautifully renovated historic
building, the museum offers an immersive journey through over a century of cinematic history, showcasing how
Shanghai led the nation in film production, innovation, and artistic expression.
During the last century, Shanghai stood at the forefront of China’s film technology, representing the most
advanced cinematic techniques and equipment of its time. From sound and lighting to editing and special
effects, the city’s studios and filmmakers embraced cutting-edge technologies that set national standards and
laid the foundation for modern Chinese cinema.
The museum also reflects the profound influence of Hollywood on Shanghai’s film industry. In the early 20th
century, American films, production styles, and storytelling techniques significantly shaped Shanghai’s
cinematic culture, giving rise to a unique blend of Eastern and Western artistry. This cross-cultural exchange
helped establish Shanghai as the “Hollywood of the East,” a title that resonates throughout the museum’s
exhibits.
Today, the Shanghai Film Museum not only preserves this pioneering history but also inspires future generations
of filmmakers and film lovers through its interactive displays, historical archives, and tribute to international
cinematic influence.
Wukang Mansion
The Wukang Mansion, formerly known as the Normandie Apartments, is one of Shanghai’s most iconic
historical buildings. Located in the heart of the city’s former French Concession, this landmark was completed
in 1924 and designed by renowned Hungarian-Slovak architect László Hudec. Funded by International Savings
Society (ISS), it stands as one of the earliest examples of foreign investment in Shanghai's urban development,
symbolizing the beginning of western economic engagement in the city over a century ago.
With its distinctive wedge-shaped structure and elegant European architectural style, the Wukang Mansion has
become a symbol of Shanghai’s rich cultural heritage and its long history of international exchange. Today, it
remains a beloved city landmark, reflecting both the cosmopolitan spirit and historical depth of Shanghai.134
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Reply Regarding the Establishment of a Friendship-City
Relationship between Xuhui District,Shanghai and Cupertino,
California,USA
Ms.Jennifer Zou,
Bay Area Council,
The letter from your Council regarding the establishment of a friendship-city
relationship between Xuhui District and Cupertino,dated September 21,2025,has been
received.We sincerely appreciate the efforts and recommendations of your Council in
advancing this matter.
As one of the central districts of Shanghai,Xuhui District,upholding the concept of
openness,inclusiveness,and mutual benefit,has actively explored high-level
international exchanges and cooperation across multiple areas.Cupertino,a key city in
Silicon Valley,has achieved remarkable accomplishments in technological innovation,
talent development,and community wellbeing.
As you mentioned in your letter,on September 20,during her visit to the United States,
Ms.Wei Lan,Deputy District Mayor of Xuhui District,met with Ms.Liang Chao,Mayor of
Cupertino,to exchange information on both cities and discuss cooperation
opportunities in relevant fields.We believe that the two sides enjoy strong economic
complementarity and significant cooperation potential.Establishing a friendship-city
relationship serves the shared interests of both and will inject new momentum into
sub-national cooperation between China and the US.
Xuhui District agrees in principle to advance the establishment of a friendship-city
relationship with the City of Cupertino and promote multi-sector exchanges.We
support enterprises,universities,and social organizations in both cities in carrying out
practical cooperation in areas of mutual interest,forming a multi-tiered exchange
landscape.
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Xuhui District stands ready to work with Cupertino to steadily advance the development
of the friendship-city partnership on the principle of mutual respect,equality,and
mutual benefit.We look forward to your Council continuing to serve as a bridge and
jointly working for substantive progress in exchanges and cooperation between the two
cities.
We recommend that this reply be copied to the City of Cupertino and to Mayor Liang
Chao for their information to facilitate follow-up work.
Yours sincerely.
WEI Gang
Deputy Director,Foreign Affairs Office
Shanghai Xuhui District People’s Government
xuhuifao@hotmail.com
November 4,2025
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CITY OF CUPERTINO
FRIENDSHIP CITIES PROGRAM
APPLICATION FOR DESIGNATION
Instructions
This application is to be completed by the Friendship City Committee of the requesting international
city and submitted electronically to the Cupertino City Manager’s Office by emailing
CityManager @cupertino.gov.
Background
A Friendship Cities Designation is an established relationship between the City of Cupertino and
a partnering international organization that is mutually beneficial. The first step towards
establishing a Friendship Cities Designation is to complete this application. This application helps to
identify proposed goals of the relationship, the supporting activities expected, and highlights the areas
of interest strengths, or needs of each party. The proponents of establishing such a relationship must
be a collaboration of a community organization (a Friendship City Committee) and an elected
official of the participating international city.
Who May Request a Friendship Cities Designation?
Any established Friendship City Committee of the proponent Friendship City may submit an
application. The most successful applications will have more than one sponsor and will represent
multiple agencies or organizations.
Processing and Approval of the Application
This application will clearly state the rationale and the goals of the relationship and the mutual benefits
in establishing this relationship. Once the d esignation is in place, all information in the application will
be shared with the community and stakeholders upon request.
Complete information for key contacts and authorizing individuals (the signing authorities) must
be provided before the relationship can be finalized. In addition, the committee must have a
Cupertino Councilmember sponsorship. Incomplete information will delay the process. A
Friendship Cities Designation will be authorized for a period of two (2) years as outlined in the City of
Cupertino’s “Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations”
and will be subject to all guidelines therein.
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Today's date:
Name of person requesting relationship:
Title:
Affiliation:
Address:
Email:Phone:
City of Cupertino Sponsor(s):
Friendship City Elected Official Sponsor:
Name and Country of the proposed
Friendship City and the
Friendship City Committee:
CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR DESIGNATION
To be completed in English by the requesting organization
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RESOURCES: Please address monetary and in-kind resources that may be necessary to conduct the activities of
this relationship, how they are to be obtained, and from whom. If none, state “no funding required”. Please note
that the City of Cupertino does not currently provide funding for Friendship Cities.
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PROFILE: Please attach a brief profile of your city and Friendship City Committee including, but not limited to:
background, location, nature, size, and relevant programs.
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Items to include:
•Areas of mutual interest upon which the relationship will focus.
•Opportunities for new activities and potential outcomes.
RATIONALE: Please explain the rationale and focus of the requested Friendship Cities Designation. Describe why
a Friendship City relationship would be beneficial to the City of Cupertino and your local community,
organization, and city. Please outline the areas of mutual strength and interest for each of the participants.
Names, titles, and affiliations of those who will be involved at the proponent Friendship City and the
Friendship City Committee. Be sure to include information for the proponent Friendship City’s Mayor
as they will have the primary signing authority of the Friendship City.
Benefits and measurable results that the City of Cupertino and proponent Friendship City can expect as
a result of the establishment of such a relationship.•
•
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RATIONALE (continued):
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ADDITIONAL INFORMATION: Please add any additional information about this proposed relationship, the
proponent Friendship City, and/or the Friendship City Committee that you wish to share.
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POLICIES AND
GUIDELINES ON SISTER
CITIES, FRIENDSHIP CITIES,
AND INTERNATIONAL
DELEGATIONS FOR THE
CITY OF CUPERTINO
Citywide Policy Manual
Policy #
Attachments:
Effective Date:
October 10, 2023
Responsible Department:
City Manager’s Office
Related Policies & Notes:
Prior versions: 2005, 2013, 2016, 2018
Background:
Cupertino has four active Sister Cities registered with Sister Cities International; the
cities of Toyokawa, Japan; Hsinchu, Taiwan; Copertino, Italy; and Bhubaneswar, India.
In addition, Cupertino has established several Friendship City relationships and attracts
many international delegations for cultural, educational, business, and economic
development reasons.
SISTER CITIES
Intent of Sister City Affiliations:
The City recognizes the value of developing people-to-people contacts as a way to
further international communication and understanding. Sister City partnerships have
proved very successful in fostering educational, technical, economic and cultural
exchanges.
Sister City relationships are effective only when organizations of interested residents in
one community work with interested residents in another city to promote
communication and understanding among people of different cultures.
The ideal affiliation should involve a large number of citizens and organizations in both
cities, engaging in exchanges of people, ideas and cultures on a long-term, continuing
basis.
The City intends to provide limited financial support to those Sister City Committees
that operate student exchange programs. Those Sister City organizations which do not
operate student exchange programs shall be completely financially independent from
the City, except for limited City facility use.
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Definitions
City-Supported Committees: Sister City Committees with a student delegation are considered
City-Supported Committees.
Non-City-Supported Committees: Sister City Committees without a student delegation are
considered Non-City-Supported Committees.
Sister City Citizen Committee Responsibilities (Receiving City Support):
• Identify, manage, coordinate and implement all activities related to the Sister
City Program.
• Establish a formal, incorporated 501(c)(3) structure, with officers and
subcommittees.
• Solicit donations and in-kind contributions from the local community as
appropriate.
• Maintain communication with the affiliate Sister City Committee, ensuring the
counterpart committee is equally committed to the program.
• Finance activities from fundraising efforts and resources other than public
funding, including all travel and program expenses, postage, fax, copying, and
printing costs for events in which the City is participating. This includes
fundraising or securing gifts for special celebrations, such as anniversaries.
• Prepare a detailed budget including funds raised through fundraising efforts and
public (City) funding for events and activities and keep track of expenses. The
budget should show funds available and should identify adequate, ongoing
funding sources for program activities.
• Work with City staff at least one month in advance in arranging official
promotional gifts and meetings for foreign delegations. For local groups
traveling abroad and bringing promotional gifts, similar notice is required,
unless waived by the City Manager.
• Meet the following eligibility requirements/annual submittals:
o Proof of 501(c)(3) status
o Detailed accounting of prior year actual revenue and expenses
o Summary of prior year activities
o Proposed budget plan
o Fundraising plan
Sister City Citizen Committee Responsibilities (Not Receiving City Support):
• Identify, manage, coordinate, and implement all activities related to the Sister
City Program.
• Establish a formal, incorporated 501(c)(3) structure, with officers and appropriate
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functional sub committees.
• Solicit donations and in-kind contributions from the local community as
appropriate.
• Maintain communication with the affiliate Sister City Committee, ensuring the
counterpart committee is equally committed to the program.
City of Cupertino Responsibilities (With regard to City supported Sister City Committees):
Coordinated through the City Manager’s Office, the City will serve as a support for
programs and activities by:
• Providing for set-up and complimentary access to a large City facility for three
community events per Sister City per fiscal year. All cost of food, drinks, and
materials are the responsibility of the Sister City Committee.
• The City shall accept gifts from the Sister City, which will be considered the
property of the City and may be displayed at a City facility or offered to the
Sister City Committee at City’s discretion.
• The City will establish and maintain a written record of said gifts, regardless of
actual or perceived monetary value. The written gift log will include: donation
City, gift date, gift occasion (if applicable), and whether they are being offered to
the Sister City Committee.
• Providing up to $2,500 per year for a Sister City with a student exchange
program of 4 to 9 student delegates and up to $5,000 per year for a Sister City
with a student exchange program of 10 or more student delegates.
Coordinated through the City Manager's Office, the City will serve as a support for Sister
City programs and activities by:
• Providing access to postage, fax, copying and printing equipment to Sister City
Committee members for support of Sister City events in which the City is
participating. City staff is not responsible for preparing mailings or printed
materials.
• Providing the use of meeting room space (up to 18 per calendar year) at no cost to
the Sister City Committee for related activities. Meeting room space does not
include Cupertino Community Hall or the Quinlan Community Center’s
Cupertino Room.
• Providing City promotional gift items, when budget allows, typically given at
community events to government representatives and student delegations from
visiting countries. These include but are not limited to: branded t-shirts, pens,
reusable bags, and lapel pins. The cost of each promotional gift or gift bag shall
not exceed $25. Additional gifts presented to members of a Sister City delegation
are the responsibility of the Sister City Committee.
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• Facilitating participation of City officials.
City of Cupertino Responsibilities (With regard to non-City supported Sister City
Committees):
• The City shall maintain registration with the Sister Cities International
organization.
• Provide the use of meeting room space (up to 4 per calendar year) at no cost to
the Sister City Committee for related activities. For additional meeting room
uses, non-City supported Sister City Committees shall be charged the facility use
resident rate on the rental of any City facility. Meeting room space does not
include Cupertino Community Hall or the Quinlan Community Center’s
Cupertino Room.
Travel and Program Expenses:
Program Expenses:
• The City Council will, as part of its annual budget adoption process, establish a
program budget for anticipated City supported Sister City program activities.
This budget will include up to $2,500 for a Sister City with a student exchange
program of 4 to 9 student delegates and up to $5,000 for a Sister City with a
student exchange program of 10 or more student delegates, as funds allow. The
City Council will consider funding for student delegations with less than four
students on a case-by-case basis. An additional $5,000 will be considered for adult
delegation visits every 5 years. This adopted budget, less the cost of the Sister
City membership fee, will be remitted to the Committee once an accounting of the
prior year's expenditures has been received and reviewed by the Finance
Department. These funds represent the City's sole monetary commitment each
fiscal year with the exception of the items listed above.
Travel Expenses:
• The City will pay for 50% of one trip per year for the Mayor or their designee,
provided the trip is in conjunction with an official delegation.
• All other Council travel for Sister City programs shall be funded by Sister City
Committee fundraising activities, when feasible, or by the individual traveling
councilmember, unless authorized in advance by the City Council.
New Affiliations:
To ensure that there is a broad base of community support for a global partnership, the
citizen committee responsible for implementing the Sister City program should include
at least 10 active Cupertino residents who are committed to making a new affiliation
successful.
No more than one Sister City relationship may be established in any given country.
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Proposal Process
The new Sister City Committee will prepare and submit the following to the City of
Cupertino:
• Detailed demographic profile of the prospective city
• Application for a formal, incorporated 501(c)(3) structure, with officers and
appropriate subcommittees
• Documentation of broad-based community support, with a minimum of 10
members on the organizing committee
• A preliminary program plan outlining objectives and funding sources
If the City Council adopts a resolution establishing a new Sister City relationship, the
City shall register that new Sister City with Sister Cities International. If the proposed
new Sister City Committee desires to operate a student exchange program (with a
minimum of 4 student delegates and open to any school within the Cupertino Union
School District and/or Fremont Union High School District boundaries) and
demonstrates that it can meet its responsibilities as a City supported Sister City
Committee, the budget for the following year shall be adjusted, if approved by Council, to
provide for financial support.
Terminating a Sister City Affiliation
While regrettable, it is sometimes necessary for a city to terminate a Sister City
affiliation. Sister City affiliations are meant to be long-standing, official city linkages
that involve extensive community participation beyond government. For a variety of
reasons, a Sister City relationship may lose community interest and support, and
Cupertino or the Sister City may opt to terminate the Sister City relationship.
If a Sister City affiliation is inactive for a period of three years and there is a lack of
community support for the Sister City relationship to continue, the City may initiate the
process to terminate the Sister City affiliation with the Sister City and Sister Cities
International. Termination process resulting from inactivity shall be administered by the City
Manager or designee, who shall inform the partner Sister City of the decision through a written
letter. The City Manager’s Office will reach out to each Sister City Committee 60 days prior to
termination. City Manager’s Office shall also inform the Council of the termination through an
informational memo.
Definition of Inactivity
Sister Cities would be considered inactive if all of the following occur for three
consecutive years:
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• No event or delegation visits organized.
• No log or record provided by the Sister City Committee to the City Manager’s
Office of correspondence maintained with the affiliate Sister City Committee.
• No correspondence between the City of Cupertino and the local Sister City
Committee.
FRIENDSHIP CITIES
Intent of Friendship City Affiliations:
The City recognizes the value of developing people-to-people contacts as a way to further
international communication and understanding. Friendship city partnerships can be
effective in fostering increased global cooperation and communication. Friendship cities
may be established, however, they will not be considered official Sister Cities and are not
eligible for City funding.
New Affiliations:
All proposed Friendship City relationships must have Councilmember or community
sponsorship and be approved by the City Council. The Friendship City will submit a
Friendship City application to the City of Cupertino, which requires sponsorship from a
Council Member and a citizen' s committee to ensure the new affiliation is successful. If
approved, the City will issue a signed Letter of Intent establishing the Friendship City
relationship.
A Friendship City affiliation will be effective for two years and may be renewed
administratively every two years.
Friendship City Committee Responsibilities:
• Identify, manage, coordinate and implement all activities related to the
Friendship City program.
• Maintain communication with the affiliate Friendship City, ensuring the
counterpart is equally committed.
• Work with City staff at least one month in advance in arranging official
promotional gifts and meetings for foreign delegations. For local groups
traveling abroad and bringing city gifts, similar notice is required, unless waived
by the City Manager.
City of Cupertino Responsibilities:
Coordinated through the City Manager’s Office, the City will:
• Issue a signed Letter of Intent establishing a new Friendship City relationship in
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an effort to assist international delegation visits from the Friendship City.
• Provide City promotional items typically given at community events to
government representatives from visiting countries as the budget allows. These
may include, but are not limited to: City t-shirts, pens, reusable bags, and lapel
pins, to the extent there remains a budgeted amount to purchase such gifts and
promotional items.
• Facilitate meetings with City officials.
• Conduct tours of city facilities.
Travel and Program Expenses:
Friendship City travel and program expenses will be treated as those of international
delegations and will follow the guidelines outlined in this policy in the “Travel and Program
Expenses” section under “INTERNATIONAL DELEGATIONS.” Friendship Cities must
establish a 501(c)(3) tax exempt organization before participating in the travel program.
Renewal of Friendship City Relationship
Friendship City renewals should be requested by an official of the Friendship City with
support of the Friendship City Committee. The Friendship City Committee should submit a
renewal application, which includes:
• Intent to renew letter from Friendship City official on official letterhead.
• Summary of Friendship City delegation visits to Cupertino hosted by the Committee
over the last two years.
• Summary of Cupertino delegation visits hosted by Friendship City.
• Description of activities held and outcomes.
• How the relationship has been mutually beneficial for Cupertino and the friendship
community.
• An updated profile of the Friendship City Committee.
Notification of the intent to renew the Friendship City relationship should be sent to the City
at least 60 days in advance to ensure sufficient time to process the renewal. Renewals will be
processed administratively through the City Manager’s Office. Friendship City committees
are not required to prepare a presentation for the City Council. However, Friendship City
committees may submit presentation materials to be included as part of the renewal process.
Terminating a Friendship City Affiliation:
A Friendship City affiliation will be effective for two years. After two years the Friendship City
affiliation will automatically expire unless renewed. Renewal requests after the expiration date
has passed will be considered at the City Manager’s discretion.
While regrettable, it is sometimes necessary for a city to terminate a Friendship City
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affiliation prior to the end of the two-year term. For a variety of reasons, a Friendship City
relationship may no longer be mutually beneficial, and Cupertino or the Friendship City may
opt to terminate the Friendship City relationship by notifying the City Manager’s Office in
writing.
INTERNATIONAL DELEGATIONS
Intent of International Delegations:
The City recognizes the value of developing people-to-people contacts as a way to further
international communication and understanding.
Delegations must contact city staff at least 60 days in advance in arranging meetings,
unless waived by the City Manager.
Travel and Program Expenses:
Program Expenses -
The City Council will, as part of its annual budget adoption process, establish a program
budget for promotional items for delegations. Promotional gifts shall not exceed the cost of
$25 each.
Councilmembers on an official delegation visit to a Sister City or Friendship City typically
present a gift to the host city dignitary, such as the Mayor. This host-City dignitary gift
should not exceed $200.
Travel Expenses -
International travel shall be at the expense of the traveling Councilmember or any
accompanying staff member unless authorized in advance by the City Council.
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
Letter of Intent between
Xuhui District, Shanghai, People’s Republic of China and
Cupertino, California, United States of America
This document establishes that Xuhui District, Shanghai, People’s Republic of China
and Cupertino, California, United States of America are intent on creating a Friendship
City relationship to further develop friendly cooperation and deepen mutual
understanding between the two cities.
I. This Letter of Intent states that the two cities will move forward in the future
to establish an official Friendship City relationship.
II. The parties agree to jointly promote friendly exchange on the basis of equality
and mutual benefit.
III. The parties should exchange information with each other and strengthen the
exchange and cooperation in economics, culture, education, innovation and
entrepreneurship, and other areas.
Friendship City Representative City of Cupertino Representative
Xuhui District, Shanghai Cupertino, California
People’s Republic of China United States of America
Date: Date:
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
Letter of Intent between
Danzhou, Hainan Province, People’s Republic of China and
Cupertino, California, United States of America
This document establishes that Danzhou, Hainan Province, People’s Republic of China
and Cupertino, California, United States of America are intent on creating a Friendship
City relationship to further develop friendly cooperation and deepen mutual
understanding between the two cities.
I. This Letter of Intent states that the two cities will move forward in the future
to establish an official Friendship City relationship.
II. The parties agree to jointly promote friendly exchange on the basis of equality
and mutual benefit.
III. The parties should exchange information with each other and strengthen the
exchange and cooperation in economics, culture, education, innovation and
entrepreneurship, and other areas.
Friendship City Representative City of Cupertino Representative
Danzhou, Hainan Province Cupertino, California
People’s Republic of China United States of America
Date: Date:
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CITY OF CUPERTINO
Agenda Item
Subject:Amendments to the Fiscal Year (FY) 2025-26 Fee Schedule to establish a new fee for Film Permit
Applications and Film Production
Adopt Resolution No. 25-102 to amend the City’s Master Fee Schedule - Schedule A - to establish a new fee for
Film Permit Applications and Film Production
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Amendments to the Fiscal Year (FY) 2025-26 Fee Schedule to establish a new fee for Film Permit
Applications and Film Production
Recommended Action
Adopt Resolution No. 25-___ to amend the City’s Master Fee Schedule – Schedule A – to establish
a new fee for Film Permit Applications and Film Production
Background
On December 2, the City Council is scheduled to conduct the second reading and enact Ordinance
No. 25-2279 to establish Chapter 5.51 to regulate film production in the City. The proposed
Ordinance establishes an efficient mechanism for entities desiring to undertake commercial
filming in the City, authorizes the City to collect permit fees to recover administrative and
operational costs associated with the processing, review, and issuance of film permits.
Reasons for Recommendation and Available Options
The City Attorney’s Office reviewed film permit fees from neighboring cities and others with
demographics comparable to Cupertino, considered its own expected costs related to such film
activities within the City and developed proposed fees to ensure the City recovers its costs
associated with commercial film production within the City. Staff recommends amending the
Fiscal Year 2025-26 Fee Schedule A to incorporate the proposed film production fees, as shown
in Attachments B and C.
This fee schedule amendment, accompanied with the new Ordinance, will allow the City to
establish a permitting procedure that provides a clear process for organizing filming within the
City and generates revenue to reimburse the City for its efforts in supporting the commercial
efforts of film production activities within the City.
Sustainability Impact
No sustainability impact.
Fiscal Impact
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In adopting the associated fee schedule, future film production within the City should not be a
drain on the City’s finances. Revenue collected from this fee will be deposited in the City
Manager’s Office Communication Division budget (100-12-126).
City Work Program (CWP) Item/Description
None
Council Goal:
Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager and City Clerk
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Draft Resolution
B – Exhibit A - FY2025-26 Fee Schedule A - General Fees (Redline)
C – Exhibit A - FY2025-26 Fee Schedule A - General Fees (Clean)
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RESOLUTION NO. 25-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING
PREVIOUS RESOLUTION NO. 25-058 FEE SCHEDULE A - GENERAL
WHEREAS, the State of California requires fees charged for service
rendered not to exceed the cost of delivering said services; and
WHEREAS, a public hearing has been held to review user fees; and
WHEREAS, in 2023 the City conducted a Cost of Service (User Fee) Study
and conducts annual updates pursuant to economic factors discussed in the staff
report for this item to ensure that the fees charged do not exceed the cost of
delivering the services; and
WHEREAS, on July 1, 2025 the City Council adopted Resolution 25-058
approving user fees for the Fiscal Year (FY) 2025-26 Fee Schedule, to be effective
September 1, 2025; and
WHEREAS, the City Council wishes to amend the FY 2025-26 Proposed Fee
Schedule A – General Fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Amend the user fees per attached Schedule A, which is attached hereto as
Exhibit A to this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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Resolution No. 25-___
Page 2
SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2024-25 Fee FY 2025-26 Proposed
Fee YOY $ ▲YOY % ▲
All Municipal Code Parking Violations (including County and State fees)Each $82.81 $85.04 $2.23 2.7%
Animal Establishment Permit Each $369.05 $378.98 $9.92 2.7%
Annual Lobbyist Registration Fee Per Lobbyist $296.86 $304.84 $7.98 2.7%
Bingo Permit Annual $261.41 $268.44 $7.03 2.7%
Business License Database Each $30.42 $31.24 $0.82 2.7%
Candidate Statement Fee (County Regulated Fee)Each
Each $553.58 $568.47 $14.89 2.7%
Massage Managing Employee (Includes fingerprint/background check) Each $492.07 $505.30 $13.23 2.7%
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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2024-25 Fee FY 2025-26 Proposed
Fee YOY $ ▲YOY % ▲
Outside Agency Review / Services
Application Fee Each Current County Cost Current County Cost
Annual Fee Annual Current County Cost Current County Cost
* Actual cost is: 1) Fully burdened employee costs as calculated through the 2023 Cost Allocation Plan and
2) cost of materials, contractors, and supplies.
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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2025-26 Fee
All Municipal Code Parking Violations (including County and State fees)Each $85.04
Animal Establishment Permit Each $378.98
Annual Lobbyist Registration Fee Per Lobbyist $304.84
Bingo Permit Annual $268.44
Business License Database Each $31.24
Candidate Statement Fee (County Regulated Fee)Each Current County Registrar Cost
Massage Establishment Fee (Includes fingerprinting/background check and business start-up
inspection)Each $568.47
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CITY OF CUPERTINO
Resolution 25-XXX
Fees Effective December 3, 2025
Schedule A - General
Fee Description Unit FY 2025-26 Fee
Massage Permit Appeal (Denial/Revocation)Each $1,263.26
Municipal Code Book Per Book Vendor Invoice
New Business Monthly Reports Each $46.86
Noise Variances/Special Exceptions Each $259.16
Notary Fee (State Regulated Fee)Per Signature $15.00/signature
Outside Agency Review / Services
* Actual cost is: 1) Fully burdened employee costs as calculated through the 2023 Cost Allocation Plan, and
2) cost of materials, contractors, and supplies.
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CITY OF CUPERTINO
Agenda Item
Subject: OpenGov Budget Format Review Presentation and Finalize Recommendations
a. Receive Budget Format Review presentation as outlined in the Budget Format Implementation
Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and 30
b. Approve OpenGov budget format recommendations
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 • FAX: (408) 777-3109
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Meeting: December 2, 2025
Subject
OpenGov Budget Format Review Presentation and Finalize Recommendations.
Recommended Action
1. Receive Budget Format Review presentation as outlined in the Budget Format
Implementation Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and
30.
2. Approve OpenGov budget format.
Background
As a best practice, major changes to the City’s budget document and format have
historically been presented to the City Council for their review and feedback. Most
recently, the City Council approved major changes to the FY14 and FY15 budget
documents and its format such as organizational changes, budgeting philosophy, cost
allocation and internal service fund changes, added new financial policies, and updated
program narratives/format changes. For further details on these changes, please see the
FY 2013-14 Adopted Budget pages 9-17 and FY 2014-15 Adopted Budget pages 8-10.
Reasons for Recommendation and Available Options
During the last round of budget preparation for FY 2024-25 review, feedback was received
on the budget document from City Council, residents and City staff through budget
sessions, community outreach and internal budget meetings. Additionally, the City’s
internal auditors identified the need to improve and streamline the annual budget
process. That feedback also indicated a need to reassess the City's Performance Measures
to focus on outcomes that reflect the City’s priorities rather than workload indicators.
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2
The graphic below provides a high level-level overview of key dates related to the Budget
Format Report and Implementation Action Plan (IAP).
In fall 2024, the City engaged Baker Tilly US, LLP to conduct a comprehensive review of
its Budget Document and Performance Measures. The primary objective of this
engagement was to enhance clarity and accessibility, to strategically align the City's
annual budget document, and to improve the effectiveness of performance measures in
tracking progress toward key citywide goals.
On March 4, 2025, the Draft Budget Format IAP was presented to the City Council. This
plan included 32 recommendations that were prioritized 1-3, with 1 being the highest
priority.
At the March 4, 2025 meeting the City Council recommended the following edits to the
draft IAP, with staff committing to bring back an updated IAP before the next budget
adoption:
Item 12, Remove the full financial policies to retain in an appendix with the budget
and any revision dates
Item 15, Review the architecture and links in OpenGov to ensure accuracy
Item 18, Eliminate the program budget information in the departmental sections
(pages 23 to 29) – Hold off on this for a while
Capital Improvement Program (CIP) item - set as a priority one, if possible
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3
Quarterly tracking of the CIP priorities - set as a priority two instead of priority
three
Item 26, Special Projects Policy - set as a priority one instead of a priority three
Conduct a study session to review the Performance Measures Updates in Q1
On April 28, 2025, the updated IAP was presented to the Audit Committee and forwarded
to City Council.
On May 6, 2025, the Final Budget Format IAP was presented to the City Council. Staff
then began to address Priority 1 and 2 items as listed in the IAP.
On July 28, 2025, the Audit Committee formed a Budget Format Sub-Committee which
has met four times since its formation. The topics of discussion at these Sub-Committee
meetings included:
Review, provide, and finalize budget format changes based on sample OpenGov
Budgets from other agencies and the draft Proposed FY 2025-26 Budget
Review, provide, and finalize CIP budget format recommendations
Explore options for a budget format informational video
Draft and Publish Interactive Budget Format Community Survey
Create a Budget Format Focus Group for additional feedback on prototype
OpenGov budget format
Staff worked with the Budget Format Sub-Committee to create an Interactive Budget
Format Survey to gather the community’s feedback to help guide the City’s transition
from presenting the annual budget in a static PDF format to a more interactive and
accessible format using OpenGov Stories. This survey was distributed from September 23,
2025 through October 14, 2025.
A high-level overview of the survey results are as follows:
Highest Areas of Concern Staff Response
See a clear breakdown of revenue vs
expense
Pg. 63 Financial Overview by Fund and
pgs. 77-82 General Fund Financial
schedules
See department accomplishments
A full list of accomplishments is included
in each department section
See a specific spending category
Can be found at the beginning of every
department page such as pg. 138 and
pg.141 or OpenGov)
Reliability of Data PDF + Freeze numbers option in OpenGov
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Highest Areas of Concern Staff Response
Eliminating the PDF document The PDF document will still be available
Ease of finding information* *This was discussed in the Budget Format
group
Loss of content Will have all the information plus more
Data presentation Will mostly mirror the budget book, but
we will look to enhance with drill down
capabilities
Year over Year Comparisons book and OG
Found on every department and program
page such as on pg. 138 and pg. 141
Charts and graphs showing spending
Found on every department page such as
on pg. 137 and available on OpenGov
Explanatory notes or plain language
summaries
Each program has its own summary
section such as pg. 140
Ability to filter by department
Currently have in OpenGov transparency
portal and each department is shown
separately in the budget
Searchable line items or categories Currently have search option through
filters in OpenGov transparency portal,
but will try to enhance this feature
Downloadable option for detailed data Currently have in OpenGov
Mobile-friendly Currently available in OpenGov draft but
will enhance this feature
The Budget Format Focus Group – consisting of 5 community members in addition to the
Budget Format Sub-Committee – met on October 15, 2025. This Focus Group discussed
the City’s transition to a more interactive and accessible format using OpenGov Stories.
During the session, the group reviewed results from the Budget Format Survey. The goal
of this Focus Group was to collect community feedback on the interactive budget and
ensure it met residents’ needs.
The following are highlights and takeaways from the Focus Group meeting:
There was concern about whether staff would keep the PDF version of the budget
document. Staff confirmed that the PDF will still be available, and added an
interactive budget as an additional option.
Searchable line items or categories are useful
Enhanced Artificial Intelligence options should be provided
Charts that show up as images are not mobile-friendly
Below is a high-level overview of what enhancements have been made from the PDF
document to the current draft online OpenGov version:
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Created an interactive table of contents linking to all budget sections
Embedded individual Financial Policies as PDFs
Inclusion of the CIP book
Created navigation menu pages for departments and divisions
Added links to CIP dashboard and CWP dashboard on the City Strategic Vision
and Council Goals page
Added division summaries
On October 27th, 2025, the Audit Committee received the Budget Format Review
presentation and recommended the OpenGov Format for Council consideration at
tonight’s meeting. The draft OpenGov version is not available to the public as staff is
awaiting Council approval.
The link below contains a video that provides a high-level overview of the recommended
budget format changes utilizing OpenGov stories:
https://records.cupertino.org/WebLink/Browse.aspx?id=1219796&dbid=0&repo=CityOfC
upertino
Next Steps
With Council approval, staff will implement the budget format items as listed in the
Budget Document and Performance Measures Improvements IAP. Staff anticipate
publishing the FY 2025-26 Adopted Budget in OpenGov stories in the first half of 2026.
Council's approval of tonight’s recommendations marks the first step in addressing items
outlined in attachment B, with additional updates to come as the work progresses.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None.
Council Goal:
Public Engagement & Transparency and Fiscal Strategy
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Toni Oasay-Anderson, Acting Budget Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: Tina Kapoor, City Manager
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6
Attachment:
A – Sample Current Budget: Council & Commissions Department Overview through
budget financials page
B – Budget Format Implementation Action Plan
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ATTACHMENT A
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Council and Commissions Budget Example - Current PDF Document
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67
Council and Commissions Budget Example - Current PDF Document
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Screenshots of City Council Chapter in New interactive budget book in OpenGov
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Screenshots of City Council Chapter in New interactive budget book in OpenGov
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City of Cupertino – Budget Document Improvements and Performance Measures
Updated Implementation Action Plan
April 2025
18
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City of Cupertino – Budget Document Improvements and Performance
Measures
Updated Implementation Action Plan Baker Till
1
Rec
No. Recommendation Implementation Steps Priorit 1
Department
Responsible2 Comments
1 Ensure the document includes a title page, improved table of contents,
consistent layout and orientation.
Review the budget document for consistent formatting including
font, font size, page orientation
Ensure title page and table of contents are properly formatted
1
Admin Services FY26 Implementation
2 Isolate the Budget Message as a standalone section. Move the Strategic Goals Budget Message section to the front of
the document in the Introduction Section
2 Admin Services FY26 Implementation
3 Incorporate the City’s Mission in the Budget Guide section with the
Strategic Goals subsection and move them to the Introduction section
after the City’s organization chart.
Condense the City’s Mission in the Budget Guide section areas of
the Budget Message
Move to the introduction section
2 Admin Services FY26 Implementation
4 Eliminate the Notable Accomplishments and New Initiatives sections by
condensing its content into a bulleted one or two sentence description
for each accomplishment and relocate each relevant accomplishment to
the respective Department section.
Condense Notable Accomplishments and New Initiatives sections
into small bulleted or narrative list by Department
Move each bulleted description into relevant Department
section
Remove Notable Accomplishments and New Initiatives sections
2 Admin Services FY26 Implementation
5 Summarize high‐level notable accomplishments and new initiatives
within the City Manager’s Budget Message
Summarize high‐level notable accomplishments and new
initiatives into a small paragraph
Put this paragraph in the City Manager’s Budget Message
2 Admin Services/
City Manager’s
Office
FY26 Implementation
6 Elevate the Budget Overview subsection as its own section in the budget
document.
Add the existing Budget Overview subsection as it’s own new
section
Include the following subsections:
o Budget Roadmap,
o Changes to the Budget and Policies,
o Budget by Fund,
o Service‐Level Reductions,
o Special Projects,
o Current Economic Update,
o Key Budget Assumptions, and
o Ongoing Challenges
2 Admin Services FY26 Implementation
1Priority 1: Important to accomplish without delay and/or easy to accomplish.
Priority 2: Second tier of importance to accomplish and/or may involve some complexity or time to complete.
Priority 3: Least urgent to complete and/or may take longer to set‐up or to execute.
2To establish clear accountability there should be a single manager assigned responsibility for completing implementation of each recommendation. Where more than one manager is identified in this column, responsibility should be clarified
when the Final Action Plan is prepared.
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City of Cupertino – Budget Document Improvements and Performance
Measures
Updated Implementation Action Plan Baker Till
2
Rec
No. Recommendation Implementation Steps Priorit 1
Department
Responsible2 Comments
7 Report Department reductions at the summary level and refer to the
Department section for further detail.
Use the newly created Budget Overview section in
Recommendation #6 to create a four page narrative
Refer to the individual Department sections for further detail
2 Admin Services FY26 Implementation
8 Complete and publish the FY 2024‐25 Budget at a Glance document to
summarize the budget for the casual user.
Publish the above four page narrative from Recommendation #7
as a separate City’s Budget at a Glance document
2 Admin Services April 2025
9 Move the Mission Statement to the strategic goals section. Move the Mission Statement from the Budget Guide section to
the Strategic Goals section.
2 Admin Services FY26 Implementation
10 Move the Elements of the Budget Document, Glossary of Budget
Terminology, Commonly Used Acronyms, and
Revenues/Expenditures/Fund Balance Table to the Appendix.
Move the following Elements of the Budget Document to the
appendix
o Glossary of Budget Terminology
o Commonly Used Acronyms
o Revenues/Expenditures/Fund Balance Table
2 Admin Services FY26 Implementation
11 Eliminate the City Profile, Education, Programs and Applications,
Community and Recreation Services and Things to Do and See
subsections of the Community Profile section from the budget
document.
Remove the following subsections of the Community Profile
section
o City Profile
o Education
o Programs and Applications
o Community and Recreation Services
o Things to Do and See
2 Admin Services FY26 Implementation
12 Update all policies to provide a summary of the policy and include a link
to the official policy on the City’s website.
Remove the full financial policies from the budget document to
retain in an appendix with the budget and any revision dates
Include a summary of the relevant financial policies and a link to
the full policy on the City’s website
3 Admin Services FY26 Implementation
13 Eliminate the Flow of Funds Chart and replace it with a narrative
description of how taxes are used to fund City services within the Budget
Overview section of the budget.
Eliminate the Flow of Funds Chart in the All Funds Financial
Schedule section
Include a narrative of how taxes are used to fund City services
within the Budget Overview section
3 Admin Services FY28 Implementation
14 Revise the General Fund Contribution Schedule subsection to include a
brief narrative of General Funds resources that are being contributed to
other funds, refer to the General Fund Transfers subsection, and
eliminate the existing table.
Develop a draft narrative summary for City Manager’s Office
review and feedback
Eliminate the existing table of the General Fund Contribution
Schedule in the General Fund Financial Schedules sections
Refer to the General Fund Transfers subsection in the narrative
2 Admin Services FY27 Implementation
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City of Cupertino – Budget Document Improvements and Performance
Measures
Updated Implementation Action Plan Baker Till
3
Rec
No. Recommendation Implementation Steps Priorit 1
Department
Responsible2 Comments
Publish the updated section for incorporation into the annual
budget document
15 Refer the reader to the Department section or OpenGov for further
detail.
Review architecture and links in OpenGov to ensure accuracy
and usability of financial schedules that provide the same or
similar information as in the current budget document
Make revisions to OpenGov as required
Modify text references in the General Fund Financial Schedules
section in each department to direct readers to the department
sections, appendix and/or OpenGov
Condense Revenues section detail
Add reference to Open Gov to show further detail
2 Admin Services FY27 Implementation
16 Condense the General Fund Revenues to provide an overview of the key
revenue sources, and include the more detailed descriptions and
analysis in the General Fund Forecast subsection.
Develop a revised draft of a condensed General Funds revenue
section (e.g., start with an outline, then complete a draft based
on prior budget)
Move the more detailed descriptions and analysis in the General
Fund Forecast subsection
Ensure consistency in formatting and align structure across both
sections for clarity
Publish the updated section as part of the draft budget
2 Admin Services FY26 Implementation
17 Review each Department section to include the following components:
1) Department description; 2) Organizational chart (by division/program
including number of assigned personnel FTE equivalents); 3) Personnel
summary (subtotals by position); 4) Key priorities, with emphasis on how
they achieve the citywide strategic plan/priorities; 5) Performance
measures with a reference to key departmental priorities and citywide
strategic plan/priorities; and 6) Revenue and Expenditure summary by
division/program and by expenditure type (personnel costs, materials
and services, capital outlay, etc.).
Review each Department section to ensure there is consistency
in including the following components:
o Department description
o Organizational chart
o Personnel summary
o Key priorities
o Performance measures
o Revenue and Expenditure summary
3 Admin Services FY27 Implementation
18 Eliminate the program budget information in the Department sections
and refer the user to OpenGov to obtain further detail.
Eliminate the program budget information in the departmental
sections
Add reference to Open Gov for the reader to obtain further
detail at the program budget level
2 Admin Services Per Council hold off on this for
awhile.
FY27 Implementation
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City of Cupertino – Budget Document Improvements and Performance
Measures
Updated Implementation Action Plan Baker Till
4
Rec
No. Recommendation Implementation Steps Priorit 1
Department
Responsible2 Comments
19 Develop a minimum five‐year Capital Improvement Plan (CIP) and
incorporate the CIP plan into the budget document.
Develop the Capital Improvement Plan should be created and
include the following elements:
o CIP Overview
o CIP Process that explains the definition of a
project and the planning process
o Project descriptions
o Financial Summary by Year
o Funding Availability
The CIP should be included as part of the annual budget with
similar timelines so that the recommended operating and capital
budgets are published within the budget schedule.
1 Public Works/
Admin Services
FY26 Implementation
20 Affirm primary responsibility and lead role of the development of the
CIP Plan to Public Works as a shared responsibility and collaboration
with other departments.
Assign the lead role of development of the CIP to the Public
Works Department
Conduct cross‐departmental CIP meetings to ensure input is
received
Develop a department coordination framework that defines
roles, responsibility for input and collaboration
Discuss and disseminate the framework with departments.
Conduct periodic check‐ins on CIP plan development to include
the City Manager, and representatives from Public Works and
Administrative Services
1 City Manager’s
Office, delegated
to Public Works
FY26 Implementation, internal
Standard Operating Procedure
(SOP)
21 Assign compilation and publication of the CIP Plan section of the budget
document to the Administrative Services Department’s Budget division.
Assign the lead role of compilation and publication of the CIP to
the Admin Services Department
Standardize CIP formatting and structure to ensure consistency
in CIP descriptions, budget projections and reporting
Establish a review and submission timelines for the draft and
final CIP version in the context of the broader budget process
Collaborate with Public Works to inform final development of
the finalized CIP plan
Incorporate the capital budget in the recommended budget
document.
1 City Manager’s
Office, delegated
to Admin Services
FY26 Implementation
22 Complete the FY 2024‐25 Capital Budget and issue as Volume 2 of the
current adopted budget.
Complete the FY 2024‐25 Capital Budget already in progress
(performed by Public Works)
1 Public Works/
Admin Services
Completed April 2025
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City of Cupertino – Budget Document Improvements and Performance
Measures
Updated Implementation Action Plan Baker Till
5
Rec
No. Recommendation Implementation Steps Priorit 1
Department
Responsible2 Comments
Issue the Capital Budget as Volume 2 of the current adopted
budget.
23 Provide clear quarterly tracking of CIP priorities, progress, and
alignment with Council work programs.
Develop a quarterly reporting framework to define reporting
element such as progress tracking, estimated time of
construction and completion, and tracking against budget
Establish a reporting calendar to set quarterly review deadlines
on City Council agendas
Implement the CIP progress reporting
Check‐in with City Council and department leaders to evaluate
CIP progress reporting and opportunities to improve it
2 City Manager’s
Office, delegated
to Public Works
FY27 Implementation
24 Create a detailed appendix for fund transfers, enterprise funds, and
grant funding usage.
Create a framework to report the following:
o Fund transfers
o Enterprise funds
o Grant funding
Compile the fund transfer and grant data to document all
sources and uses of funds
Publish the developed report(s)
2 Admin Services FY27 Implementation
25 Ensure all appropriated funds and consulting services are tracked and
reported against original purposes.
Review current trancking mechanisms and implement any
necessary changes based on feedback received from City
Councilmembers regarding past reports
Review the current expense report that shows budget and actual
expenditures for all appropriated funds
Create a report in OpenGov that highlights the consulting
services expenses compared to the original budget.
Keep clear documentation of all consulting services budgets.
3 Admin Services FY28 Implementation
26 Develop and implement a Special Projects policy to address such issues
as definitions, approval authorities, timelines, projects spanning multiple
fiscal years, budget carryovers for projects extending into a subsequent
fiscal year, and periodic reporting timelines and form.
Develop a special projects policy that addresses:
o Definition of special projects
o Form of reporting
o Frequency of reporting
o Follow‐up on items and direction from City
Council
1 City Manager’s
Office
Completed April 2025
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City of Cupertino – Budget Document Improvements and Performance
Measures
Updated Implementation Action Plan Baker Till
6
Rec
No. Recommendation Implementation Steps Priorit 1
Department
Responsible2 Comments
27 Review the City’s annual budget resolution and/or expenditure and
budget policies to ensure they align with City Council authorities
provided to the City Manager or designee in managing the annual
budget, including use of contracted and/or consulting services to
achieve the City’s annual service delivery goals expressed in the adopted
budget.
Review the City’s annual budget resolution and/or expenditure
and budget policies to ensure the following:
o Authorities provided to the City Manager
o Use of contracted or consulting services
Make any changes or updates as needed
1 City Manager’s
Office
FY26 Implementation
28 Review the City’s current budget community engagement strategy with
the City Council to ensure it is successfully meeting the needs for
identifying community priorities and to inform the community about
how City services are funded.
Present the City’s current budget community engagement
strategy to the City Council
Solicit feedback on additional community engagement strategies
Make any changes or updates as needed
1 City Manager’s
Office
FY26 Implementation
29 Review educational content on the budget’s role as a financial planning
tool and document in light of any changes to the engagement strategy
using easy‐to‐understand content and graphics.
Review the proposed changes to the community engagement
strategies
Update educational content and engagement strategy with easy‐
to‐understand content and graphics based on proposed changes
1 Admin Services/
City Manager’s
Office
FY26 Implementation
30 Leverage tools like OpenGov to create interactive, department‐focused
summaries for each user type including the community, council and
staff.
Review the current OpenGov design and layout for departments
and solicit feedback for improvements
Move the current year so the newest information is listed first on
the main page
Develop content based on the needs of the community and
council
Include links in the budget document to OpenGov to create
more tailored content
1 Admin Services FY27 Implementation, will
need more time to develop
and implement this
recommendation
31 Develop a citywide strategic plan that includes a review of the core
values, mission and vision by the City Council to form the appropriate
strategic goals and priorities for the organization and its operating
departments.
Determine if the strategic plan will be done with assistance from
consultants or in house
Work with City Council to create a city‐wide strategic plan
according to the following framework
o Core Values
o Mission
o Vision
o Organizational Goals
o Organizational Strategies
o Strategic Priorities
o Personal Priorities
1 City Manager’s
Office
FY26 Implementation, a FY26
Proposed Budget request will
be made for dollars to
complete a strategic plan.
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City of Cupertino – Budget Document Improvements and Performance
Measures
Updated Implementation Action Plan Baker Till
7
Rec
No. Recommendation Implementation Steps Priorit 1
Department
Responsible2 Comments
Incorporate strategic plan into planning for the budget document
and performance measures
32 Establish performance standards for each performance measure and
reevaluate at least biennially.
Review Baker Tilly’s suggested performance measures by
Department
Obtain City Council approval on the set of performance
measures to be implemented, informed by the Baker Tilly report
and any subsequent creation of a citywide strategic plan
Identify roles and responsibilities within each department to
identify the metrics to be tracked, gather the data, and develop
the reports
Implement a tracking mechanism by developing a reporting
structure to monitor compliance and effectiveness (e.g.,
quarterly, semi‐annually)
Create a process for reviewing performance and updating
performance measures with the City Council periodically (semi‐
annually) and as part of the annual budget process
1 City Manger’s
Office, delegated
to each
department
FY26/FY27 Implementation
this will follow the strategic
plan to ensure alignment with
City Council vision and
priorities
33 Conduct a study session to review the Performance Measures update in
Q1
Review updated performance measures
Bring to City council as a study session
1 City Manger’s
Office, delegated
to each
department
FY26/FY27 Implementation,
this will follow the strategic
plan to ensure alignment with
City Council vision and
priorities.
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CITY OF CUPERTINO
Agenda Item
Subject:Conduct Study Session on the Mary Avenue Project (“Project”), including project history, project
siting, the conditional transfer of City-owned property rights, affordability restrictions, and remaining steps
prior to entitlement and closing on the Project; and 2) Consider Appointing Negotiator(s) for the possible
transfer of certain rights to City-owned property (APN: 326-27-053), in the form of a ground lease or a sale
with the City’s future right to repurchase
Consider Mary Ave. project and provide direction on next steps including appointing the City Manager and
Interim City Attorney as Negotiators with the Nonprofit Public Benefit Corporations Cupertino Rotary
Housing Corporation, Housing Choices Coalition for Persons with Developmental Disabilities, Inc., and
Charities Housing Development Corporation of Santa Clara County (collectively, the “Developer”), regarding
the possible transfer of property rights in the form of a ground lease or sale with the City’s future right to
repurchase on terms established by the City Council
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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1
COMMUNITY DEVELOPMENT DEPARTMENT
CITY ATTORNEY’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: December 2, 2025
Subject
Study Session on Mary Avenue project (“Mary Ave.” or “Project”) with history, timeline, status,
and recommended next steps
Recommended Action
Consider Mary Ave. project and provide direction on next steps
Executive Summary
Over the past five years the City has been planning a housing project to accommodate the
Intellectually Developmentally Disabled (“IDD”) population with Extremely Low Income (“ELI”)
housing units and subsequently issued a Request For Proposal (“RFP”) for s uch development.
The project was initiated at City Council direction through the City Work Program. The
Cupertino Rotary Housing Corporation, Housing Choices Coalition, and Charities Housing were,
together, the sole respondent to that RFP. In April 2025, the City authorized just over $4 million
in funding for the Project. In July 2025, the City received an Article 34 allocation from the County
of Santa Clara, satisfying the State Constitutional requirement that voters approve the use of
public funds for such housing.
Now, various additional City approvals will be required to enable the development, including
entering into an agreement to transfer certain real property rights to the developer via a sale or
ground lease, vacating certain interests in the City right-of-way, filing a declaration with the
California Department of Housing and Community Development’s (“HCD”) stating that the
property is exempt surplus land owned by the City that will be used for below market rate
housing, and issuing the entitlements under the State’s housing laws and the City’s municipal
code.
Project History
Starting with the Fiscal Year (FY) 2019-20 City Work Program, the City has included a project
item to engage with philanthropic organizations to find a way to facilitate the construction of ELI
housing units for the IDD populations within the City. Specifically, the objective had been to
explore the possibility of building six to eight affordable ownership townhomes for this
population. During the FY 2021-2022 City Work Program update, the project objective evolved to
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analyze the feasibility of developing housing for this target population on City owned property
within the public right-of-way along Mary Avenue. Since this time, the City has taken the
following actions to address the City Work Program item:
March 10, 2021 – City sought legal counsel regarding the requirements of the Surplus
Land Act and its applicability to the Project.
December 15, 2021 – Execution of a Permanent Local Housing Allocation Consortium
Agreement with County of Santa Clara (relevant to funding of Project).
December 22, 2021 – Execution of a First Amendment to Permanent Local Housing
Allocation Consortium Agreement with County of Santa Clara.
March 15, 2022 – City Council directed staff to initiate the RFP for the Project,
specifically pointing out that Council would like the Project to be developed as 100%
affordable with a preference for the IDD population, and to provide flexibility to staff
members compiling the RFP to optimize our chances of having a successful project. The
draft parcel map was introduced to the City Council as well as the steps necessary to
transfer the City-owned property in compliance with the Surplus Land Act. The motion
was carried unanimously.
August 18, 2022 - an RFP was circulated to qualified housing developers.
October 10, 2022 - the first draft of the Housing Element was made public with the Mary
Avenue parcel identified as a Housing Element Site.
October 18, 2022 - the City received a single response to the RFP submitted jointly by
The Cupertino Rotary Housing Corporation Housing Choices Coalition, and Charities
Housing.
May 2, 2023 – Parcel Map recorded
February 6, 2024 - City Council unanimously approved an Exclusive Negotiating
Agreement.
April 9, 2024 - Execution of Exclusive Negotiating Agreement.
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May 14, 2024 - City Council adopted the 6th Cycle Housing Element, which designated
this site as a Priority Housing Site (HE Site 10), with an R4 zoning designation and a
residential density of 50-65 DU/acre.
September 4, 2024 – City Council authorized the remaining budget amount (up to
$235,000) to evaluate the proposal received for the City-owned property on Mary
Avenue. The motion passed 4-0-1, with one Councilmember absent.
September 4, 2024 - HCD notified the City that the Housing Element adopted by the City
Council on May 14, 2024, is in compliance with the State Housing Element Law. This
included the Mary Avenue parcel as a Housing Element Site.
April 3, 2025 - Charities Housing applied for an Architectural and Site Approval (ASA-
2025-006) consistent with the Municipal Code requirements for Housing Element Sites
that are over 20% low-income units.
April 15, 2025 – City Council authorized an allocation of $4,083,250 of cash assistance for
the Project. The allocation is comprised of $3 million of funds from the City’s BMR
Affordable Housing Fund, $908,683 of Permanent Local Housing Allocation (“PLHA”)
funds, and $174,567.37 of Community Development Block Grant (“CDBG”) funds to be
used for public infrastructure improvements. These three allocations provided a total of
$4,083,250 in cash assistance to the Project.
July 15, 2025 – City Council conducted a Study Session on the Project. City Council
adopted a motion (3-2) to allow the project to proceed as previously described; to
address the newly raised Article 34 issue; and to address the questions of parking in an
additional informational memo.
July 29, 2025 – Article 34 allocation awarded from County of Santa Clara to Charities
Housing for Mary Ave Project.
The proposal envisions a 100% affordable, 40-unit, two-story, rental housing development project
on city-owned surplus property of approximately 0.79 acres along the Mary Avenue right-of-
way, adjacent to Highway 85. The individual apartments will be a mix of studio, one-, and two-
bedroom units with one three-bedroom staff unit. The proposal is structured as a special needs
project which requires a minimum of 45% (19 units) to be reserved for the special needs
population, in this case, IDD. The remaining 21 apartments will serve extremely low and very
low-income residents of the community. The affordability levels of the proposed units will range
from 30% to 60% of the Area Median Income (AMI). The Mary Avenue right-of-way will be
modified to accommodate the proposed development, as well as maintain the sidewalk, bike
lanes, and vehicle lanes along Mary Avenue. Approximately 79 of the existing angled street
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parking spaces located along the west side of Mary Avenue, including those within the limits of
the parcel, will be replaced by 33 parallel spaces in the right-of-way. Along the eastern side of
Mary Avenue, 43 parallel parking spaces will also be removed, resulting in a net on-street parking
loss of 89 spaces (79+43-33 spaces). Please reference Attachment H – Existing Conditions and
Demolition Plan to review an outline of the parcel and the existing parking on the westside of
Mary Avenue. Bike lanes in both directions will continue to be provided, with the addition of a
sidewalk in front of the Project where one does not exist currently.
Charities Housing has proactively conducted three community outreach efforts at the Quinlan
Center on the following dates and locations:
Community Listening Session #1, July 23, 2024
Community Listening Session #2, January 28, 2025
Community Open House, September 11, 2025
Financial Status
The City engaged an independent firm to assess the reasonableness of the developer’s pro forma
assumptions and inputs in order to analyze the Project’s financial feasibility and need for a
financial subsidy from the City. The review concluded that the developer’s pro forma was
reasonable. As the Project has developed, changes have been made to the Project and the
developer’s financial position, necessitating updates to the pro forma. The City has committed
the following financial support for the Project:
1. The sale of the property under a Disposition and Development Agreement (“DDA”) for
the nominal price of $1 with a repurchase option under certain circumstances or a long-
term Ground Lease with nominal rent.
2. A hard money loan of approximately $3 million from the City’s BMR Fund with
repayment at 3% simple interest per annum. Payments commence once the Project
achieves positive cash flow, with accrued interest capitalized until such time.
3. A payment of $908,683 in PLHA funds for predevelopment expenses.
4. CDBG grant funds in the amount of approximately $174,567.37.
5. City is waiving Park Development Impact Fees in the amount of $2.16 million.
Current State of Project
On April 3, 2025, Charities Housing applied for an Architectural Site Approval (ASA-2025-006).
The application was deemed complete on September 4, 2025. Currently, the application is being
reviewed for consistency with the objective standards as set forth in the General Plan and the R4
Zoning District, as well as being reviewed by Public Works, Cupertino Sanitary, and the Santa
Clara County Fire Department. Before California's 2025 Building Code takes effect on January 1,
2026, the applicant is hoping to submit building plans for review with the understanding that
permit issuance will be subject to Project approval by City Council.
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The 2026 California State Low Income Tax Credit program application deadlines have not yet
been confirmed. However, the tentative deadline to apply for 9% tax credits is anticipated to be
April 7, 2026, or another date in early Spring. There are two rounds of applications per year, with
the next available date being July 21, 2026. In order to have a competitive application and ensure
the success of the project, it is optimal to have the City’s financial commitments, funding loans,
and transfer of property rights executed by late February 2026. Execution of regulatory
documents, such as affordability restrictions, shall be completed concurrently with closing.
Adhering to this schedule will allow Charities Housing, as the developer, enough time to prepare
a successful application.
Legal Questions
Vacation
1. The Streets and Highways Code (“SHC”) (§8300 et seq.) does not establish any specific
timing requirements regarding when a non-summary vacation must occur within a
broader project or transactional timeline, as long as it is completed prior to disposition of
the property. Accordingly, the City remains within the permissible timeframe to
undertake the vacation process and plans to do so at the appropriate stage.
2. The SHC sets forth two vacation procedures: a summary vacation and a non-summary
vacation. Because the property does not qualify for the summary procedure, this Staff
Report addresses only the non-summary vacation process. Govt. C §66434(g) also allows
for abandonment of public streets and public easements through the filing of a map in
lieu of the formal vacation process under the SHC; however, such subsection does not
apply to this Project and therefore is not discussed herein.
3. The non-summary vacation procedure is as follows:
a. Planning Commission: If the City’s general plan applies to the property that is
proposed to be vacated, then the proposed vacation must be submitted to the
planning commission for review pursuant to Government Code (“Govt. C”)
§65402(a); SHC §8313. The Planning Commission must make a report regarding
the conformity of the proposed street vacation with the City’s general plan
within 40 days of submission unless a longer period of time is designated by the
City Council pursuant to Govt. C §65402.
b. Notice: After the Planning Commission’s finding of conformity, the City Council
may initiate proceedings by setting a hearing pursuant to SHC §8320. A notice
which sets forth the time and place of the hearing must be (i) published in a
daily, semiweekly, or weekly newspaper (SHC §8322), and (ii) posted along the
street line no more than 300 feet apart, with at least three notices posted. SHC
§8323. The hearing must be held at least 15 days after the publication and posting
of the notice. SHC §8320. Additional requirements are imposed for streets
exceeding 1 mile which do not apply here and have therefore been omitted.
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c. Hearing: At the hearing, City Council must hear evidence presented by
interested persons. SHC §8324(a).
d. Resolution: If the street is found to be unnecessary for present or prospective
public use, the City Council may adopt a resolution vacating the street. The
resolution may (i) impose conditions of approval (SHC §8324(b)), and (ii) reserve
from vacation any easements related to future sewers, storm drains, other
utilities, future streets, existing utilities, future vehicular and nonvehicular trails
for use by the public. SHC §8340. A certified copy of the resolution must be
recorded. SHC §8325(a). From the date of recordation and compliance with any
applicable conditions, the vacation is complete. SHC §8325(b).
Surplus Land Act
1. The Surplus Land Act (“SLA”) is codified in Govt. C §§54220-54234 and implemented in
accordance with the HCD’sSurplue Land Act Guidelines (“HCD Guidelines”). The SLA
does not impose a specific deadline for a local agency to designate property as surplus
land or exempt surplus land as long as it is completed prior to disposition of the
property. Accordingly, the City remains within the permissible timeframe to make the
required SLA declaration. Common municipal practice is for the City making the
exempt surplus land determination to do so concurrently with approval of the DDA.
2. The SLA sets forth two procedures, one for surplus land and another for exempt surplus
land. The Project was structured from inception to qualify as exempt surplus land.
Therefore, the procedures for surplus land shall only be described to the extent that it is
relevant in clarifying questions that have arisen from the public. However, please note
that an exhaustive description of the procedure for surplus land is not included herein.
3. The determination of whether the Project is surplus land or exempt surplus land is made
based on the following:
a. Surplus land is defined in Govt. C §54221(b)(1) and HCD Guidelines §102(dd) as
“land owned in fee simple by any local agency for which the local agency's
governing body takes formal action in a regular public meeting declaring that the
land is surplus and is not necessary for the agency's use. Land shall be declared
either ‘surplus land’ or ‘exempt surplus land,’ as supported by written findings,
before a local agency may take any action to dispose of it consistent with an
agency's policies or procedures.”
i. Disposition of surplus land must comply with Govt. C §54222 and
Articles II and III of HCD Guidelines. These requirements include, among
other things, issuing a Notice of Availability to all entities that have filed a
statement of interest with HCD, adhering to prescribed negotiation
procedures and restrictions, following the required prioritization of
qualifying proposals, and engaging in a good-faith negotiation process.
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b. Section 103(a) of the HCD Guidelines, exempts surplus land from compliance
with Articles II and III of such guidelines (a more detailed description of the
process of exempt surplus land is included in Section 4 below). The Project was
structured from its inception to meet the requirements for an exemption. The
Project likely qualifies for either of the following two exemptions from the SLA:
i. Surplus land that is transferred pursuant to Govt. C §§25539.4 or 37364,
Govt. C §54220 (f)(1)(A), and
ii. Surplus land that is to be developed for a housing development, which
may have ancillary commercial ground floor uses, that restricts 100
percent of the residential units to persons and families of low or moderate
income, with at least 75 percent of the residential units restricted to lower
income households, as defined in §50079.5 of the Health and Safety Code
(“HSC”), with an affordable sales price or an affordable rent, as defined in
HSC §50052.5 or HSC §50053, for a minimum of 55 years for rental
housing, land use for ownership housing, and 50 years for rental or
ownership housing located on tribal trust lands, and in no event shall the
maximum affordable sales price or rent level be higher than 20 percent
below the median market rents or sales prices for the neighborhood in
which the site is located. Govt. C §54220 (f)(1)(F)(i).
4. The procedure for exempt surplus land is as follows:
a. Declaration of Exemption: The exemption of surplus land can be effectuated in
one of two ways:
i. The City Council may declare the property to be “exempt surplus land”
at a regular public meeting and the declaration must be supported by
written findings demonstrating that the land meets the requirements of
the applicable exemption. Govt. C §54221(b)(1), HCD Guidelines §103(c).
ii. The City may identify the land in a notice that is published and available
for public comment, including notice to the entities identified in Govt. C
§54222(a) and HCD Guidelines §201(a), at least 30 days before the
exemption takes effect. Govt. C §54221(b)(4), HCD Guidelines §103(c)(1).
The notice must include the information required in HCD Guidelines
§400(e)(3).
b. Notice to HCD: The City must provide HCD with a copy of the resolution (or
other document recording formal action) declaring the property exempt surplus
land, written findings supporting such a declaration, and a copy of the DDA at
least 30 days prior to disposition. HCD Guidelines §§103(c)(2)(A), 400(e)(1-4).
Disposition and Development Agreement (Not Development Agreement)
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1. A Development Agreement is a contract authorized by Govt. C §65864 et seq. that allows
a city and a developer to vest development rights and “freeze” applicable land use
regulations as of the date of the agreement’s approval. Development Agreements were
historically created to provide certainty to developers, particularly for multi-year
projects, by protecting them from subsequent changes in zoning or other land use
regulations. State law establishes a defined approval process: the agreement must be
consistent with the City’s General Plan and applicable policies, must undergo a noticed
public hearing before both the Planning Commission and the City Council, and must
ultimately be approved by ordinance.
2. A Disposition and Development Agreement is not created under a specific statutory
scheme; it is a contract governed by general contract principles and the City’s
discretionary authority to dispose of property. A DDA typically combines elements of a
purchase and sale agreement with detailed development obligations, such as required
improvements, performance milestones, affordability or public benefit requirements,
and remedies for nonperformance. Because DDAs are contractual rather than statutory,
there is no prescribed approval procedure beyond the City’s standard requirements for
approving contracts involving the conveyance of public property. Generally, such
process involves City Council approval at a noticed public meeting. The form of
approval is typically a resolution authorizing the City Manager to execute the agreement
unless a local ordinance requires otherwise.
Entitlements
1. State housing law, including the Housing Accountability Act (Govt. C §65589.5), the
Housing Crisis Act of 2019 (SB 330, Govt. Code §66300 et seq.), SB 35 (Gov. Code §65913.4),
and Housing Element Law (Gov. Code §65580 et seq.) provides a framework that guides
local decision-making on housing development. These laws establish objective standards
and timelines for certain housing projects, encourage the City to maintain adequate
zoning capacity to meet regional housing needs, and limit discretionary actions that
would conflict with these objectives. Within this framework, the City Council retains
discretion to review and shape projects, while also ensuring consistency with state
housing policy and local planning goals.
Future Required Actions and Expected Timing
Today only a few milestones are left in the development approval process:
The parties must agree on the terms of the property right transfer, via a DDA with a buyback
provision, including a clear formula for determining the repurchase price, or via a long-term
Ground Lease. Approval of the DDA or Ground lease is expected to come before the City Council
in early 2026.
The City Council must declare the property to be exempt surplus land and file such declaration
with HCD.
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The City Council must approve the vacation of the right-of-way. The final vacation approval need
not occur at the time the City approves the terms of the property right transfer via execution of
the DDA or Ground Lease. Rather, the final closing must be contingent on the final vacation of
the right-of-way.
The City Council must approve entitlements.
Reasons for Recommendation and Available Options
The Mary Avenue parcel has been contemplated as a housing site that would target the IDD and
low-income populations since the City Council FY 2020-21 Work program. The City of
Cupertino’s 2023-2032 Housing Element rezoned this site to R4, with a minimum density of 50
dwelling units per acre and a maximum density of 65 dwelling units per acre, or 40 dwelling
units of realistic capacity. HCD approved the site as one in which all 40 units would be lower
income units, consistent with what is proposed by Charities Housing. Further, the Housing
Element provides the following Policies and Strategies that support the development of housing
opportunities and partnerships with non-profits dedicated to persons with special needs:
POLICY HE-2.3: Development of Affordable Housing and Housing for Persons with
Special Needs.
STRATEGY HE-2.3.1: Support Affordable Housing Development
STRATEGY HE-2.3.10: Extremely Low-income Housing
STRATEGY HE-2.3.11: Assistance For Persons with Developmental Disabilities
Based on the above and on the direction provided to staff since 2021, it is recommended that the
City Council move forward with Project approvals and that the City Council appoint negotiators
to facilitate the property transfer to Charities Housing, in either the form of a DDA including a
sale with the right to repurchase or a Ground Lease.
Sustainability Impact
No sustainability impact.
Fiscal Impact
On April 15, 2025, the City Council authorized an allocation of $4,083,250 of cash assistance to the
Project. The allocation is comprised of $3 million of funds from the City’s BMR Affordable
Housing Fund, $908,683 of PLHA funds, and $174,567.37 of CDBG funds to be used for public
infrastructure improvements. These three allocations will provide a total of $4,083,250 in cash
assistance to the Project. Costs associated with this work program item are budgeted in the BMR
Housing Fund 265-72-71 750-052.
City Work Program (CWP) Item/Description
Preserve existing and develop new BMR/ELI Housing: Explore opportunities to preserve existing
expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing units for
Developmentally Disabled individuals (IDD) on City-owned property as well as the County-
owned sites.
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Council Goal:
Housing, Quality of Life
California Environmental Quality Act
The study session is not considered a project under CEQA.
_____________________________________
Prepared by: Michelle Hernandez, Interim Deputy City Attorney
Gian Martire, Senior Planner
Reviewed by: Chad Mosley, Director of Public Works
Benjamin Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Staff Report dated March 15, 2022
B – Parcel Map recorded on May 2, 2023
C – Staff Report dated February 6, 2024
D – Exclusive Negotiating Agreement executed on April 9, 2024
E – Staff Report dated September 4, 2024
F – Staff Report dated April 15, 2025
G – Staff Report dated July 15, 2025
H - Existing Conditions and Demolition Plan
I – Mary Avenue Project FAQ
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Progress on FY 2021-2022 Council Work Program item to develop ELI and BMR housing
units for Developmentally Disabled individuals on City-owned property along Mary
Avenue.
Recommended Action
Provide direction to staff on next steps related to potential future development options.
Discussion
Background
Starting with the Fiscal Year (FY) 2019-20 City Council Work Program, the City has
included a project item to engage with philanthropic organizations to find a way to
facilitate the construction of Extremely Low Income (ELI) housing units for the
Developmentally Disabled populations within the City. Specifically, the objective had
been to explore the possibility of building 6-8 affordable ownership townhomes for this
population. During, the FY 2021-2022 City Work Program update, the project objective
evolved to analyze the feasibility of developing housing for this target population on City
owned property within the public right-of-way along Mary Avenue.
Analysis
Current Setting
The property being considered is along the westerly edge of the Mary Avenue right-of-
way. Highway 85 is to the west, the Mary Avenue Dog Park to the north, Glen Brook
Apartments to the east, and the future Westport Development (former Oaks Shopping
Center) to the south. The width of an existing landscape buffer, between the soundwall
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 2
along Highway 85 and the Mary Avenue pavement
is approximately 15 feet, with 93 perpendicular
parking spaces along westerly edge of Mary
Avenue.
As the property is within the Mary Avenue right-
of-way, the General Plan Land Use and Zoning
designation is ‘Transportation’. Please refer to
Figure 1 for a site setting, as well as Attachment B
for the Topographic Survey which has mapped out
the existing conditions.
Proposed Parcel
Public Works staff had commissioned and
completed a Draft Parcel Map (Attachment C). The
new parcel, which is identified as ‘Parcel 1’ on the
Draft Parcel Map, has prepared parcel dimensions
for use in the housing project while also ensuring
adequate right of way to provide multi-modal
travel and parking along one side of Mary Avenue.
The resulting parcel area and approximate
dimensions as indicated in Table 1 below.
Table 1 Proposed Parcel
Approximate Length 860 feet
Approximate Width1 38 feet
Square Feet/Acreage 34,468 square feet/0.79 acres
The Mary Avenue right-of-way would have a resulting width of 56 feet with one-lane
vehicle lanes and bicycle lanes in each direction, sidewalks on both sides of the street as
well as parallel parking on the west side of the roadway. Parking would be eliminated
1 The distance between the Highway 85 sound wall and the western property line is 6.5 feet. This 6.5 feet is
part of the Highway 85 right of way.
Figure 1 Satellite image of the proposed
parcel area.
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 3
along the eastern edge of the road. Figure 2 below shows the parcel and right of way
dimensions.
Figure 2 Proposed Parcel (Draft Parcel Map)
Process for Disposition and Development of Surplus Land and Other Options
The State of California defines “surplus land” as “land owned in fee simple by any local
agency for which the local agency’s governing body takes formal action in a regular
public meeting declaring that the land is surplus and is not necessary for the agency’s
use.” (Gov. Code, § 54221(b)(1).) The Surplus Land Act imposes procedural requirements
of the disposition of surplus land by local agencies. However, property may be declared
“exempt surplus land” and disposed of through a competitive bidding process, without
complying with other requirements of the Surplus Land Act if the land will be used for
certain affordable housing purposes. Eligible affordable housing uses include “[a]
housing development . . . that restricts 100 percent of the residential units to persons and
families of low or moderate income, with at least 75 percent of the residential units
restricted to lower income households . . . for a minimum of 55 years for rental housing.”
(Gov. Code, § 54221(f)(1)(F)(i).) The local agency must invite any local public entity
within whose jurisdiction the surplus land is located and housing sponsors that have
notified the State Department of Housing and Community Development of their interest
in the surplus land to participate in the bidding process. (Ibid.)
As the project is envisioned by City Council to be 100 percent affordable to very low -
income households, would include a rental-rate restricted for at least 55 years, and the
project developer would be selected through an RFQ/RFP process, the disposition o f the
property would meet the criteria for “exempt surplus land” if the notice requirements of
the Surplus Land Act are followed. If Council wishes to move forward with the
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 4
disposition of the property for the proposed ELI housing use, staff recommends that the
City take the following steps:
Circulate an RFQ/RFP for qualified housing developers in accordance with the
State’s Surplus Land Act.
Following the selection of a qualified housing developer, initiate concurrently the
following processes:
o Parcel map for the division of the Mary Avenue right-of-way.
o General Plan and Zoning Map amendments.
o Any necessary CEQA evaluation.
o Associated Planning entitlements that may include a Development Permit,
Use Permit, and/or Architectural Site Approval.
o A City Council declaration that the site is exempt surplus land.
City Council will also need to provide direction as to the whether the city will dispose of
the parcel through a sale to a qualified developer or enter into a lease agreement.
Sustainability Impact
No sustainability impacts.
Fiscal Impact
The Mary Ave. parcel for ELI/Developmental Disability Housing Council work program
item was originally adopted in Fiscal Year 2019-20 (FY20) at $150,000 (page 360 of FY20
Final Budget) in the Housing Services, BMR Affordable Housing budget as a special
project (265-72-711 750-052). Those funds remained unspent and unencumbered for FY20
and FY21 and were carried over in both years. As part of the FY22 Final adopted budget
(page 429) an additional $100,000 was allocated bringing total funding to date to $250,000.
To date a total of $12,540 has been spent or encumbered.
Next Steps
Upon direction from City Council, an RFP/RFQ process would be initiated for qualified
affordable housing developers.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Benjamin Fu, Director of Community Development
Christopher Jensen, City Attorney
Approved for Submission: Dianne Thompson, Assistant City Manager
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 5
Attachments:
A – FY 2021-2022 City Work Program
B - Topographic Survey – Existing Conditions
C – Draft Parcel Map
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CITY COUNCIL STAFF REPORT
Meeting: February 6, 2024
Subject
Exclusive Negotiation Agreement (ENA) with an affordable housing developer on a City
owned parcel within the Mary Avenue right-of-way (APN: 326-27-053)
Recommended Action
Consider the Draft Agreement attached (Attachment A) and decide whether to enter
into the Agreement.
Reasons for Recommendation
Background:
Since Fiscal Year (FY) 2020-21, the City of Cupertino’s City Work program prioritized
engaging with philanthropic organizations to develop extremely low-income housing
(ELI) for the intellectually and developmentally disabled (IDD) community. The FY 2021-
22 City Work Program narrowed down this item to excess City-owned property within
the Mary Avenue right-of-way (the “Project Site”).
On August 18, 2022, the City of Cupertino issued a request for proposals (RFP) from
qualified and experienced housing developers interested in developing an affordable
housing project on a city-owned surplus property of approximately .79 acres. A Site Map
of the Project, as well as a Vicinity Map, is provided as Figure 1. This RFP was a solicitation
of competitive proposals to develop 100% affordable housing with a preference for the
intellectually and developmentally disabled (IDD) populations. By the October 18, 2022,
deadline, one developer had submitted a proposal.
Staff recommends entering into an Exclusive Negotiation Agreement (“ENA”) with the
nonprofit public benefit corporations Cupertino Rotary Housing Corporation, Housing
Choices Coalition for Persons with Developmental Disabilities, Inc., and Charities
Housing Development Corporation of Santa Clara County (collectively, the “Developer”)
to negotiate the terms of a ground lease at the City-owned properties located at APN: 326-
27-053.
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Analysis
As part of the RFP process, respondents were required to demonstrate relevant
experience, financial capabilities and conceptual development, financing and operations
plans. The submittal requirements included the following:
Statement of Interest
Applicant Qualifications
Project Description
Financial Terms
Other items, including, but not limited to, an outreach plan and proposed tenant
selection plan.
The Developer Proposal
The Developer team consists of registered California non-profits focused on affordable
housing development, both locally and regionally. Highlights of the Developer team
include the following:
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Charities Housing:
A San Jose-based nonprofit 501(c) (3) public benefit corporation that for decades
has developed, owned, and managed housing in Santa Clara County for extremely
low and very low-income individuals, families, senior and folks with special
needs, totaling over 1,400 units. In 2017, the City of Cupertino approved Charities
Housing’s proposal for the Veranda, an affordable senior housing development
on Stevens Creek Blvd that opened in 2019.
The Cupertino Rotary Housing Corporation:
A Cupertino-based nonprofit 501(c) (3) public benefit corporation established for
the purpose of developing low-income housing in Cupertino.
Housing Choices Coalition for Persons with Developmental Disabilities:
Housing Choices is a San Jose-based nonprofit 501 (c) (3) public benefit
corporation that supports people with developmental and other disabilities with
finding and retaining affordable housing in their community. Currently, they
provide housing stability services at 18 different multi-family affordable housing
properties, with nearly 300 units set-aside for households that include a person
with a developmental or other disability. Housing Choices has additional
commitments for another 364 rental units set-aside for people with developmental
and other disabilities at 23 new affordable housing projects in differing stages of
development.
The proposal envisions a 100% affordable, 40-unit, two-story, apartment development.
The individual apartments will be a mix of studio, one-, and two-bedroom units with one
three-bedroom staff unit. The proposal is structured as a Special Needs project, using the
Tax Credit criteria, which requires a minimum of 45% (18 units) to be reserved for a special
needs population, in this case, IDD.
The remaining 21 apartments will serve extremely low and very low-income residents of
the community. The affordability levels of the proposed units will range from 30% to 50%
of the Area Median Income (AMI). The exact affordability mix by unit type is still to be
determined, but the average affordability level for the entire development will not exceed
40% AMI. The applicant team has partnered with local architect Peter Ko of KO Architects.
If the ENA is approved by City Council, conceptual plans and drawings would be
presented to the public for community input at future public meetings, which will further
inform project design and scope as well as the necessary steps for environmental review.
Staff will continue to report the status of the proposal to City Council with updates as
appropriate.
Exclusive Negotiation Agreement (“ENA”) Terms
The ENA establishes a one-year negotiation period between the City and the Developer.
While in effect, the City shall not negotiate with any other entity for the sale, lease, or
development of the site. The Developer will hold public outreach meetings in
coordination with the City, develop the scope, and present plans to the City for review
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and approval. Both parties will work to develop the terms of a ground lease, disposition
and development agreement (DDA), affordability covenants, and related documents. The
City may terminate the ENA if the developer does not comply with or perform any
provisions of this Agreement, or if progress is not being made in negotiations as
determined by the City in good faith, but otherwise in the City’s sole and absolute
discretion. The agreement authorizes the City Manager to extend the ENA period if it is
determined that the Developer has met all its obligations pursuant to this Agreement and
that the parties are making sufficient progress toward the negotiation of a mutually
acceptable Disposition and Development Agreement and Ground Lease. A draft Term
Sheet (Attachment B) has also been provided for City Council’s review.
Sustainability Impact
No sustainability impact.
Fiscal Impact
As stated in the Developer conceptual proposal, the City is proposed to contribute
approximately $5 million in funding. However, this amount is subject to available funds
in the City’s Below Market Rate fund, as well as the final scope of the project at the
conclusion of the ENA period including commitments from the various funding sources,
which could substantially decrease (or alternately increase) as a result. In addition to
funding, the City may be asked to waive certain permitting and plan review fees. Such
terms will be evaluated and negotiated during the ENA period and will be subject to City
Council review and approval.
Finally, the City would contribute land for a nominal fee or limited ground lease
payments over a 99-year ground lease term, which is common for 100% affordable
projects.
The Mary Ave. parcel for ELI/Developmental Disability Housing Council work program
item was originally adopted in Fiscal Year 2019-20 (FY20) at $150,000 (page 360 of FY20
Final Budget) in the Housing Services, BMR Affordable Housing budget as a special
project (265-72-711 750-052). Those funds remained unspent and unencumbered for FY20
and FY21 and were carried over in both years. As part of the FY22 Final adopted budget
(page 429) an additional $100,000 was allocated bringing total funding to date to $250,000.
This amount has been set aside to cover predevelopment costs such as creation of the new
parcel and recording the map. To date a total of $14,703.62 has been spent or encumbered
for Parcel Map and Legal Review.
California Environmental Quality Act
The execution of this agreement is not considered a project under CEQA.
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_____________________________________
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development
Approved for Submission by: Matt Morley, Assistant City Manager
Christophe Jensen, City Attorney
Attachments:
A - Draft Exclusive Negotiation Agreement
B - Draft Term Sheet
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1
EXCLUSIVE NEGOTIATING AGREEMENT
Mary Avenue
THIS EXCLUSIVE NEGOTIATING AGREEMENT ("Agreement") is entered into as
of the date this Agreement is executed, as shown on the signature page hereof (the "Effective
Date"), between the City of Cupertino, a General Law City ("City"), and the following California
nonprofit public benefit corporations: Cupertino Rotary Housing Corporation, Housing
Choices Coalition for Persons with Developmental Disabilities, Inc., and Charities Housing
Development Corporation of Santa Clara County (collectively, the “Developer” and together
with the City, the “Parties”) on the basis of the following purposes, intentions, and facts:
RECITALS
A. The City is the owner of that certain property located at APN 326-27-053,
Cupertino, California (the "Property"). The City has determined that the Property can be used to
provide housing affordable to extremely low and very low-income persons and families earning
30%-50% of Area Median Income.
B. The City issued a Request for Proposals ("RFP") for qualified developers to
lease from the City the Property in accordance with the terms of a long-term ground lease,
with a term of at least 99 years, and to develop and operate on the Property the most affordable
housing units possible, in the most expedient manner.
C. The Developer submitted a proposal to lease and develop the Property dated
October 18, 2022 (the "Proposal"), a copy of which is on file with the City. The Proposal
includes the development of 40 units of housing of which 100% is proposed to be affordable to
persons and families earning 30%-50% of Area Median Income, with 45% of the units intended
for the intellectually and developmentally disabled (“IDD”) population (the "Project").
D. On the basis of the Proposal, the City has selected the Developer as the entity
with which to negotiate a mutually acceptable Lease Disposition and Development Agreement
LDDA") which will include, but not be limited to, terms and conditions on (i) the lease of the
Property from the City to the Developer; (ii) the Developer's development of the Project on the
Property; and (iii) affordability and occupancy restrictions that will apply to the Project. The
LDDA will include as an exhibit a ground lease ("Ground Lease") to be entered into by the
Parties in accordance with the terms of the LDDA.
E. The purpose of this Agreement is to establish procedures and standards for the
negotiation by the City and the Developer of the LDDA and the Ground Lease. As more fully
set forth in Section 3.1, the parties acknowledge and agree that this Agreement in itself does not
grant the Developer the right to acquire the Property, nor does it obligate the Developer
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2
to any activities or costs to acquire the Property, other than the activities and costs reasonably
necessary to discharge the Developer's obligations under this Agreement including the obligation
to negotiate in good faith as contemplated by this Agreement.
NOW, THEREFORE, THE CITY AND THE DEVELOPER HEREBY AGREE AS
FOLLOWS:
ARTICLE 1
EXCLUSIVE NEGOTIATIONS
Section 1.1 Good Faith Negotiations. The City and the Developer, acknowledging
that time is of the essence, agree for the Negotiation Period set forth in Section 1.2 to negotiate
diligently and in good faith to prepare and execute a LDDA, including a form of Ground Lease,
in the manner set forth in this Agreement. For purposes of this Agreement a lack of diligent,
good faith negotiations on the part of the Developer will include the Developer's failure to meet
the Performance Benchmarks set forth in the Performance Schedule, subject to force majeure
delays.
The LDDA and Ground Lease shall contain terms acceptable to the City and the
Developer, in the respective exercise by each of its sole discretion. The LDDA shall include,
without limitation, the conditions precedent to the City and the Developer entering into the
Ground Lease, physical and land title conditions of the Property at the conveyance of the
leasehold interest, including environmental conditions, the proposed development schedule for
the Project and other matters that may be identified by either party during the course of
completing the negotiations of the LDDA. The Ground Lease shall include, without limitation,
the term of the Ground Lease, the ground rent and any ongoing obligations with regards to the
development and operation of the Property. The RFP and the Proposal shall serve as the guide in
the negotiation of the LDDA and the Ground Lease, although the parties recognize that review of
additional information and further discussion may lead to refinement of the issues and concepts
set forth in the RFP and the Proposal. Prior to the negotiation of the LDDA and the Ground
Lease, the City and the Developer shall negotiate a non-binding term sheet ("Term Sheet")
setting forth the principal terms to be included in the LDDA and the Ground Lease as more fully
described below. During the Negotiation Period, the City will negotiate solely with the
Developer with respect to lease and development of the Property.
Section 1.2 Negotiation Period. The negotiating period (the "Negotiation Period")
shall commence on the Effective Date and shall expire one (1) year thereafter. The City
Manager may, in her sole discretion, agree to extend the Negotiation Period if the City Manager
determines that the Developer has met all of its obligations pursuant to this Agreement and that
the Parties are making sufficient progress toward the negotiation of a mutually acceptable LDDA
and Ground Lease. An extension shall be effective only if evidenced by an amendment executed
by authorized representatives of the City and the Developer.
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The Developer acknowledges that time is of the essence to the City in negotiation of a
LDDA and the Ground Lease. Accordingly, it is essential to the City that the parties negotiate in
good faith and, if the parties do not succeed in timely negotiating a Term Sheet, LDDA and
Ground Lease, that this Agreement expire as specified herein.
Section 1.3 Identity of Developer. The legal status of the Developer, its office
address, and designated representatives to negotiate the LDDA and Ground Lease are as set forth
in Exhibit B attached to this Agreement and incorporated herein by this reference.
ARTICLE 2
NEGOTIATION PROCESS AND RESPONSIBILITIES
Section 2.1 General Process.
a) Negotiations Based on Proposal. The negotiations hereunder shall be based on a
development concept generally as set forth in the RFP and the Proposal. During the Negotiation
Period, the Developer may continue to develop the conceptual design and architecture of the
Project, may continue to conduct marketing and feasibility analysis, and shall perform such other
tasks as are reasonably necessary and appropriate to fulfill its obligation to negotiate in good
faith with the City toward initially a mutually acceptable Term Sheet and ultimately an LDDA
and Ground Lease.
b) Reports, Studies, and Related Documents. The Developer shall provide the
City with copies of all reports, studies, analyses, and similar documents in draft form, but
excluding confidential information and communications with the Developer's legal counsel,
prepared or commissioned by the Developer with respect to this Agreement and the lease and
development of the Property, promptly upon their completion. The Developer shall not be deemed
to make any representation to the City regarding the accuracy, completeness, methodology or
current status of any such reports, studies or analysis, nor shall the Developer assume any liability
with respect to any matter or information referred to or contained in such reports, nor shall the City
have any claim against the Developer or any consultant of the Developer arising out of the contents
of such reports.
While desiring to preserve its rights with respect to treatment of certain information on a
confidential basis, the Developer acknowledges that the City will need sufficient, detailed
information about the proposed lease and development of the Property (including, without
limitation, financial information) to make informed decisions about the content and approval of
the LDDA and Ground Lease.
The Developer acknowledges that the City is subject to the California Public Records
Act ("Act"). The Act generally provides that written documents retained by the City are subject
to disclosure upon the request of any third party except for specific limited exceptions provided
for in the Act. The Developer acknowledges that the City will make information regarding the
Project, the Property, the Proposal and this Agreement available to the public upon request as
required by the Act. In order to successfully negotiate the LDDA and the Ground Lease, the
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parties believe that there will be specific documents that may be sensitive or contain proprietary
information that they will want to exchange in order to review and understand the transaction.
The Developer shall designate as "Confidential" any information which the Developer provides
to the City which the Developer desires to keep confidential and a statement as to why the
request is consistent with the provisions of the Act. The City shall not be bound by the
Developer's designation of records as "Confidential" or the reasoning therefore provided by the
Developer, except as contained herein with respect for the procedure for the Developer filing a
reverse-Public Records Act action.
If a request for disclosure of any information designated as "Confidential" by the
Developer is made under the Act, the City shall timely notify the Developer in writing of the
request to permit the Developer at its discretion and sole cost to file a reverse-Public Records Act
action. If the Developer decides to file a reverse-Public Records Act action, it shall inform the
City in writing of this intention within 10 days of the date of the request for disclosure of the
specific Confidential documents that will be the subject of the action, and the date by which it
shall file the action. The City shall withhold any such Confidential documents identified by the
Developer until the date identified in writing by the Developer, and upon the filing of the
Developer’s action shall continue to withhold those Confidential documents until a final decision
is made by the Court with respect to disclosure, or the action is abandoned. If the Developer
does not timely inform the City of its intention to file a reverse-Public Records Act action, does
not file the reverse-Public Records Act action by the date indicated in its written notice to the
City, or abandons the reverse-Public Records Act action prior to judgment, the City shall be free
to disclose the Confidential documents at issue in accordance with its obligations under the Act,
and shall be held harmless from any claims from the Developer regarding said disclosure. If a
legal action is filed against the City seeking to compel disclosure of any information that the
Developer has requested remain confidential, the City shall give prompt notice of the filing of
such action to the Developer and the Developer shall defend and indemnify the City from all
costs and expenses of such defense, including reasonable attorneys' fees of the City or attorneys'
fees awarded by a court arising out of such action except to the extent liability arises solely out
of the City's exercise of its sole discretion to disclose or not disclose records and/or the City’s
willful misconduct.
c) Quarterly Reports. The Developer shall prepare and submit to the City no later
than the first day of each quarter during the Negotiation Period a meaningful summary of
activities undertaken during the previous quarter to achieve each Performance Benchmark set
forth in the Performance Schedule attached as Exhibit C. The first quarterly report shall be for
the period from April 1, 2024 to June 30, 2024and all subsequent reports will include the three
months since the last report.
Section 2.3 Developer Due Diligence.
During the Negotiation Period the Developer shall undertake such due diligence as is
necessary to determine the suitability of the Property for the Project as set forth below and within
the times set forth in the Performance Schedule attached as Exhibit C:
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a) Due Diligence. During the Negotiation Period and within the time set forth in the
Performance Schedule, the Developer shall conduct due diligence activities it deems necessary to
provide the Developer with sufficient information to determine the feasibility of developing a
Project on the Property. The Developer's due diligence activities may include but are not limited
to a physical survey of the Property. The City shall provide the Developer all requested
information regarding the Property in the City's possession in a timely fashion. The Developer
shall be responsible for the costs of all such studies, surveys and investigations. If the Developer
fails to provide notice to the City that it is infeasible to develop the Project on the Property or
that the Property is physically inadequate for the development of the Project by the date set forth
in the Performance Schedule, this condition shall be deemed satisfied and this Agreement will
remain in effect.
Developer acknowledges and recognizes that regardless of the results of Developer's
investigations of the Property, the Property will be leased to the Developer "As Is, Where Is,
And With All Faults."
b) Title Adequacy Determination. The City has provided the Developer with a
Preliminary Title Report dated March 15, 2024, Order No. 2276956 (the “Title Report”) on the
Property. If the Developer objects to any exception appearing on the Title Report or should any
title exception arise after the date of the Title Report, the Developer may object to such
exception, provided such objection is made to the City in writing on or before 5 P.M. on the
thirtieth (30th) day following the Effective Date, or if the exception is a new exception arising
after the date of the Title Report, within fifteen (15) days of receipt of notice of such new
exception. If the Developer objects to any exception to title, the City, within fifteen (15) days of
receipt of the Developer’s objection shall notify the Developer in writing whether the City
elects to (i) cause the exception to be removed of record, (ii) obtain a commitment from the title
company for an appropriate endorsement to the policy of title insurance to be issued to the
Developer, insuring against the objectionable exception, or (iii) terminate this Agreement unless the
Developer elects to take title subject to such exception. If the City fails to respond to the
Developer, such failure shall constitute the City’s election to terminate this Agreement unless the
Developer affirmatively elects to take title subject to such exception. If the City's elects not to
remove any exception objected to by the Developer, the Developer may, within fifteen (15) days
of receipt of the City's notice, elect to terminate this Agreement. If any Party elects to terminate
this Agreement pursuant to this Section 2.3(b), no Party shall thereafter have any obligations to
or rights against the others hereunder. If the Developer fails to provide any notification to the
City regarding this matter prior to expiration of the time period set forth herein, the condition set
forth in this Section 2.3(b) shall be deemed satisfied, this Agreement shall continue in effect,
and the condition of title at closing under any executed LDDA shall be as set forth in the Title
Report.
Section 2.4 Developer Obligations.
During the Negotiation Period, the Developer shall be responsible for completing the
following tasks within the time set forth in the Performance Schedule attached as Exhibit C:
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a) Community Engagement Plan. Within the time set forth in the Performance
Schedule the Developer shall submit to the City for its approval, a community engagement plan
Community Engagement Plan") that includes the Developer's proposed plan for conducting
outreach to community groups and stakeholders in the vicinity of the Project to educate the
public with respect to the Project and seek input from the public with respect to the Project. The
City shall approve or disapprove the Community Engagement Plan within thirty
30) days of receipt. If the City disapproves the Community Engagement Plan the City shall
provide specific reasons for its disapproval. If the City disapproves the Community
Engagement Plan, the Developer shall submit a revised Community Engagement Plan to the
City within thirty (30) days of such disapproval and the submission and approvals periods set
forth herein shall continue until the City approves the Community Engagement Plan, provided,
however, if the City fails to approve a Community Engagement Plan after the second
resubmission, the City may, in its discretion, elect to terminate this Agreement. Once the
Community Engagement Plan is approved, the Developer shall be responsible for implementing
the Community Engagement Plan during the Negotiation Period.
b) Financing Plan. Within the time set forth in the Performance Schedule, the
Developer shall provide to the City for its approval a financing plan (“Financing Plan”) for the
proposed development on the Property that will include proposed financing for all components
of the development, identification of all proposed sources of subsidies for the housing
affordable to extremely low and very low-income households, any proposed public financing
and an analysis of the proposed development's competitiveness for such subsidy sources. The
Financing Plan shall also include an operating pro forma including cash flows for all
components of the Project and showing the Developer's proposed ground rent with sufficient
detail for the City to evaluate the ground rent proposal. The Developer shall update the
Financing Plan periodically to reflect changes to the Project during the entitlement process,
information from the Developer's due diligence review of the Property, the results of market
studies and other information. The City shall approve or disapprove the Financing Plan within
thirty (30) days of receipt. If the City disapproves the Financing Plan the City shall provide a
detailed explanation of the reasons for such disapproval.
c) Entitlements. During the Negotiation Period and within the time set forth in the
Performance Schedule, the Developer, at its sole cost, shall be responsible for obtaining all land
use entitlements and other governmental approvals from the City and other entities as may be
necessary for the Developer's contemplated development on the Property. The City shall
cooperate with the Developer's efforts to obtain such entitlement and shall sign necessary
applications or other consents to applications, provided however, the City shall not be obligated
to incur any costs associated with such cooperation.
Prior to submitting any applications to the City or other governmental entities, the
Developer shall submit to the City the design and architecture of the Project, including the
conceptual plans, elevations, the exterior design and layout and any other information that the
Developer intends to submit as part of its entitlement application. In the exercise of its
reasonable discretion, the City shall respond to the Developer's written request for approval of
conceptual plans within thirty (30) business days of the Developer's request therefor or the
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items submitted for approval shall be deemed approved. If the City disapproves of the items
submitted, it shall specifically state the reasons for such disapproval. The Developer shall not
submit any applications for entitlements until the City has approved the conceptual plans and
application materials.
d) Environmental Documents. The Developer shall be responsible, at its sole cost,
for preparation of any environmental documents required under the California Environmental
Quality Act for (i) City approval of the LDDA and Ground Lease and (ii) approval of the
Project. The City shall determine the appropriate environmental review required for approval of
the Project and shall cooperate with the Developer in preparing environmental documents for
which the Developer is responsible (if any) by supplying available technical data and other
available information concerning the Property. The Developer shall be solely responsible for all
costs associated with preparing any environmental documents necessary for the City's approval
of the Project, inclusive of the LDDA and Ground Lease. The determination of the adequacy of
the environmental review shall be in the sole discretion of the City.
2.5 Term Sheet. Developer shall provide a draft term sheet concurrently with City
Council consideration of this Agreement for City Council review. During the Negotiation
Period and within the time set forth in the Performance Schedule, the Developer and the City
will negotiate the Term Sheet for the Project that is consistent with the Developer's Proposal as
such Proposal is refined in accordance with this Agreement. The Term Sheet shall include the
fundamental terms that will serve as a basis for the negotiation of the LDDA and the Ground
Lease, including, but not limited to, the term of the Ground Lease, the proposed ground rent, the
basic elements of the Project, the community benefits to be provided by the Project and a viable
financial plan for the Project. If following good faith negotiations, the Parties fail to agree on a
mutually acceptable Term Sheet, either Party may terminate this Agreement, in which event no
Party shall thereafter have any obligations to or rights against the others hereunder, except for
those provisions that survive termination.
Notwithstanding anything to the contrary contained herein, including execution of the LDDA
with the form of Ground Lease attached thereto, the Parties acknowledge and agree that the
Project financing partners may have additional comments to the Ground Lease and the City and
Developer shall work in good faith prior to the execution of such Ground Lease to incorporate
any such reasonable comments.
2.6 Right of Entry.
During the Negotiation Period, the City grants to the Developer and the Developer's agents the
right to enter upon the Property, subject to the terms and conditions of this Section 2.6, for the
sole and exclusive purpose of conducting studies and investigations that will assist the
Developer in negotiating a LDDA and Ground Lease and performing its obligations hereunder.
The Developer shall not interfere with any existing City operations or departments occupying
the Property during any inspection or investigation of the Property. The Developer shall be
responsible for obtaining any permits necessary for any studies or investigations to be
conducted. Prior to conducting any destructive testing or any environmental testing involving
drilling or borings, the Developer shall provide the City's Authorized Representative with
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written notification of the scope of such testing for the City's Authorized Representative's
approval in his reasonable discretion. The Developer shall bear all costs of such studies and
investigations and shall be responsible for restoring the Property to its original condition after
completion of such studies and investigations. The Developer shall be responsible for repairing
any damage to the Property caused by such investigations.
Prior to exercise of the right of entry granted in this Section 2.6, the Developer shall
provide the City with satisfactory evidence, in the form of a certificate of insurance, that the
Developer's agents who obtain access to the Property are insured under comprehensive general
liability and automobile liability insurance policy or policies terminable only after ten (10) days'
advance written notice to the City, each policy to be in an amount of not less than Two Million
Dollars ($2,000,000) combined single limit per occurrence for bodily injury and property
damage. Each insurance policy shall name the City as an additional insured and shall contain a
waiver of any right of subrogation against the City.
The Developer shall protect, indemnify and defend (with counsel reasonably acceptable
to the City) and hold harmless the City, and its respective Council members, officers,
employees, and agents (collectively the "Indemnified Parties") against, and hold the Indemnified
Parties and the Property harmless from and against, any and all costs, expenses (including,
without limitation, reasonable attorneys' fees), damages, claims, liabilities, liens (including,
without limitation, mechanics liens) encumbrances and charges arising out of or in any way
related to any entry by the Developer or the Developer's agents upon the Property, unless such
matters arise from the sole and active negligence or willful misconduct of the City or other
Indemnified Party. The foregoing obligation of the Developer shall survive the expiration of this
Agreement.
The provisions of this Section 2.6 to the contrary notwithstanding, the Developer shall not
conduct any biological investigations or studies or any invasive investigation, inspection, or test
on the Property without prior written notice to the City's Authorized Representative of the proposed
investigation, study, inspection or test (including, with respect to any hazardous substances
invasive testing, a written plan for such testing) and the City’s Authorized Representative's
approval thereof, which will not be unreasonably withheld, conditioned or delayed and will be
deemed given if the City's Authorized Representative has not given its approval or reasonable
disapproval in writing within twenty (20) business days after receipt of the Developer’s notice of
the proposed investigation, study, inspection or test (and any required written plan). Additionally,
the Developer shall provide to the City for the City’s review and approval (which approval will
not be unreasonably withheld, conditioned, or delayed) copies of drafts of any reports prepared in
connection with any such activities prior to the reports becoming final and submitted to third
parties (including governmental agencies). The City's failure to disapprove of any draft report
within twenty (20) business days of the City's receipt will conclusively be deemed approval by the
City of the draft report in question.
Section 2.7 City Cooperation. The City shall reasonably cooperate in providing the
Developer with information in the City's possession relevant to development of the Property.
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ARTICLE 3
GENERAL PROVISIONS
Section 3.1 Limitation on Effect of Agreement. This Agreement shall not obligate
either the City or the Developer to enter into an LDDA or Ground Lease or to enter into any
other agreement. By execution of this Agreement, the City is not committing itself to or
agreeing to undertake disposition of any property. Execution of this Agreement by the City is
merely an agreement to conduct a period of exclusive negotiations in accordance with the terms
hereof, reserving for subsequent City action the final discretion and approval regarding the
execution of an LDDA and Ground Lease and all proceedings and decisions in connection
therewith. Any LDDA and Ground Lease resulting from negotiations pursuant to this
Agreement shall become effective only if and after such LDDA and Ground Lease have been
considered and approved by the City Council following conduct of all legally required
procedures. No agreement drafts, actions, deliverables or communications arising from the
performance of this Agreement shall impose any legally binding obligation on either Party to
enter into an LDDA or Ground Lease, nor shall any such documents, actions or communications
constitute any oral or implied agreement by either Party to enter into any other agreement. The
Parties acknowledge that the final form of any agreement governing the development of the
Property may contain matters not covered in this Agreement, and the provisions herein are not
intended to exclude or preclude any other issues that may arise during negotiations.
Section 3.2 Compliance with CEQA. Without limiting the generality of Section 3.1,
the Developer expressly acknowledges that any agreement resulting from the negotiations
contemplated hereby shall become effective only if the agreement is approved by the City
Council following compliance with all applicable notice and hearing requirements and
compliance with all other requirements of law, including without limitation, the requirements
of the California Environmental Quality Act (“CEQA”). The Parties acknowledge that the
Project described in the Proposal is preliminary in nature and shall be described in further
detail in the LDDA to be negotiated during the Negotiation Period. Without limiting the
foregoing, the Parties acknowledge that the City retains discretion to (i) modify the proposed
development as the City may, in its discretion, determine to be necessary to comply with
CEQA, (ii) select other feasible alternatives and/or impose mitigation measures to avoid or
minimize significant environmental impacts; (iii) balance the benefits of the proposed
development against any significant environmental impacts prior to taking final action, if such
impacts cannot otherwise be avoided; and/or (iv) determine not to proceed with the proposed
development of the Property.
Section 3.3 Notices. Each notice, request, demand, instruction or other document
required or permitted to be given hereunder ("Notice") shall be in writing and shall be delivered
personally (including messenger or courier service with evidence of receipt) or sent by
depositing the same with the United States Postal Service, certified or registered mail, return
receipt requested, with proper postage prepaid, addressed to the parties at the respective
addresses set forth below and marked to the designated individual's attention. Each Notice shall
be effective upon being so deposited, but the time period in which a response to any such Notice
must be given or any action taken with respect thereto shall commence to run from the date of
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receipt of the Notice by the addressee thereof. Rejection or other refusal by the addressee to
accept or the inability of any messenger, courier or the United States Postal Service to deliver
because of a changed address of which no Notice was given shall be deemed to be the receipt of
the Notice sent. Either party shall have the right from time to time to change the address to
which a Notice to it shall be sent to another address in the continental United States (but not a
post office box) by giving Notice to the other party of the changed address at least ten (10) days
prior to such changes.
If to the City: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
With copies to: Gian Martire
Christopher Jensen
Kirsten Squarcia
Pamela Wu
If to the Developer: To the address specified in Exhibit B
Section 3.4 Developer's Financial Capacity. Prior to the execution of the LDDA,
Developer shall submit to the City evidence of its ability to finance development of the
Property pursuant to the Proposal. Prior to execution of the LDDA, the City shall make a
determination, the cost of which shall be advanced by Developer, that Developer has capacity
to finance the development and complete the Project. City shall have the right to terminate this
Agreement if Developer is unable to establish its financial capacity to the satisfaction of the
City. The Developer shall maintain full disclosure to the City of its methods of financing to be
used in the development of the Property, and shall promptly advise the City of any material
adverse change in the Developer's financial status or ability to finance development of the
Property.
Section 3.5 Costs and Expenses. Each party shall be responsible for its own costs and
expenses in connection with any activities and negotiations undertaken in connection with this
Agreement, and the performance of each party's obligations under this Agreement.
Section 3.6 Defaults and Remedies.
a) Default. Failure by either party to negotiate in good faith as provided in this
Agreement shall constitute an event of default hereunder. In addition, the failure of the
Developer to meet any of the Performance Benchmarks by the date set forth in the Performance
Schedule, subject to force majeure delays, shall constitute a Developer event of default. The
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11
non-defaulting party shall give written notice of a default to the defaulting party, specifying the
nature of the default and the required action to cure the default. If a default remains uncured ten
10) days after receipt by the defaulting party of such notice, the non-defaulting party may
exercise the remedies set forth in subsection (b).
b) Remedies. In the event of an uncured default by the City, the Developer's sole
remedy shall be to terminate this Agreement. Following such, neither party shall have any
further right, remedy or obligation under this Agreement; provided, however, that the
Developer's indemnification obligation pursuant to Sections 2.6 and 3.5 shall survive such
termination.
In the event of an uncured default by the Developer, the City's sole remedy shall be to
terminate this Agreement. Following such termination, neither party shall have any right,
remedy or obligation under this Agreement; provided, however, that the Developer's
indemnification obligation pursuant to Sections 2.6 and 3.5 shall survive such termination.
Except as expressly provided above, neither party shall have any liability to the other for
damages or otherwise for any default, nor shall either party have any other claims with respect to
performance under this Agreement. Each party specifically waives and releases any such rights
or claims they may otherwise have at law or in equity.
Section 3.7 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 3.8 Assignment. The Developer may not transfer or assign any or all of its
rights or obligations hereunder except with the prior written consent of the City, which
consent shall be granted or withheld in the City's sole discretion, and any such attempted
transfer or assignment without the prior written consent of the City shall be void.
Notwithstanding the foregoing, Developer may assign its rights hereunder to a limited
partnership where one or more of the Developers are the managing general partner (or the
managing member of the managing general partner) thereof.
Section 3.9 No Third Party Beneficiaries. This Agreement is made and entered into
solely for the benefit of the City and the Developer and no other person shall have any right of
action under or by reason of this Agreement.
Section 3.10 Time. Time is of the essence of each and every provision of this
Agreement in which time is a factor.
Section 3.11 No Agency, Joint Venture or Partnership. The City and the Developer
hereby renounce the existence of any form of agency relationship, joint venture or partnership
between the City and the Developer and agree that nothing contained herein or in any document
executed in connection herewith shall be construed as creating any such relationship between
the City and the Developer.
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Section 3.12 Interpretation of Agreement. This Agreement constitutes the entire
agreement between the parties and supersedes all prior discussions, negotiations, and agreements
whether oral or written, except to the extent that the Proposal informs the negotiations
contemplated in this Agreement. Any amendment to this Agreement, including an oral
modification supported by new consideration, must be reduced to writing and signed by both
parties before it will be effective. Both parties have had an equal opportunity to participate in the
drafting of this Agreement. The usual construction of an agreement as to the drafting party shall
not apply to this Agreement.
Section 3.13 Waiver of Lis Pendens. It is expressly understood and agreed by the
Parties that no lis pendens shall be filed against any portion of the Property with respect to this
Agreement or any dispute or act arising from it. This Section shall survive the expiration or
termination of this Agreement.
Section 3.14 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original but all of which together shall constitute one and the same
agreement.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
set opposite their signatures. The Effective Date of this Agreement shall be the date this
Agreement is signed by the City.
APPROVED AS TO FORM:
By:
Christopher D. Jensen, Cupertino City Attorney
ATTEST:
City Clerk
Date ________________________
City”
City of Cupertino, a body corporate and politic
and a subdivision of the State
By: ___________________________
Title: _________________________
Date: _________________________
Developer”
By: ___________________________
Title: _________________________
Date: _________________________
Mark Mikl (Apr 9, 2024 09:02 PDT)
Mark Mikl
Executive Director
Apr 9, 2024DirectorofCommunityDevelopment
Apr 9, 2024
Christopher D. Jensen (Apr 9, 2024 09:11 PDT)
Christopher D. Jensen
Apr 9, 2024
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EXHIBIT A
DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
All of Parcel 1, as shown on that certain Parcel Map filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on May 2, 2023, in Book 953 of Maps, Pages 53 and 54.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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EXHIBIT B
DEVELOPER INFORMATION
Name: Charities Housing Development Corporation of Santa Clara County
Legal Status: 501(c)(3) Non-Profit
Address: Charities Housing Development Corporation of Santa Clara County
ATTN: Jacob Billitteri
1400 Parkmoor Avenue, STE. 190
San Jose, CA 95126
Negotiating Representative(s):
Mark Mikl
Kathy Robinson
Marvel Ang
Jacob Billitteri
Orrin Mahoney (Cupertino Rotary Housing Corporation)
Kiran Rohra (Cupertino Rotary Housing Corporation)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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EXHIBIT C
PERFORMANCE SCHEDULE
Performance Benchmark Performance Date
1. Developer Due Diligence Activities (§2.3(a))
2. Developer determines title adequacy (§2.3(b))
3. Developer submits Community Engagement Plan to the City for
approval (§2.4(a))
4. The City approves or disapproves the Community Engagement
Plan (§2.4(a)).
Within 30 days of
submission
5. Developer submits Financing Plan to City (§2.4(b))
6. City approves or disapproves of the Financing Plan (§2.4(b)) Within 30 days of
submission
7. City Manager approves Term Sheet (§2.5)
8. Developer shall submit concept plan and entitlement
application materials to the City for its approval prior to
submitting applications for entitlements (§2.4(c))
9. City shall review and approve of disapprove design and
architecture plans (§2.4(c))
Within 30 business days
of submission
10. Developer obtains entitlements and final CEQA review for the
Project (§2.4(c))
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Exclusive Negotiating Agreement (Mary Ave) -
Final
Final Audit Report 2024- 04-09
Created:2024-04-05
By:Robert Dacanay (RobertD@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA-hq_sfQ5x81yG5MEmfazyHXX9lXzg0QT
Exclusive Negotiating Agreement (Mary Ave) - Final" History
Document created by Robert Dacanay (RobertD@cupertino.org)
2024-04-05 - 3:34:56 PM GMT- IP address: 73.222.117. 251
Document emailed to michaelw@cupertino.gov for approval
2024-04-05 - 3:39:46 PM GMT
Email viewed by michaelw@cupertino.gov
2024-04-05 - 5:14:47 PM GMT- IP address: 104.47.73.254
Signer michaelw@cupertino.gov entered name at signing as Michael Woo
2024-04-05 - 5:35:10 PM GMT- IP address: 174.160.227.130
Document approved by Michael Woo (michaelw@cupertino.gov)
Approval Date: 2024-04-05 - 5:35:12 PM GMT - Time Source: server- IP address: 174. 160.227.130
Document emailed to Mark Mikl (mmikl@charitieshousing.org) for signature
2024-04-05 - 5:35:13 PM GMT
Email viewed by Mark Mikl (mmikl@charitieshousing.org)
2024-04-07 - 9:31:24 PM GMT- IP address: 104.47.51.126
Document e-signed by Mark Mikl (mmikl@charitieshousing.org)
Signature Date: 2024-04-09 - 4:02:24 PM GMT - Time Source: server- IP address: 66.91.33.56
Document emailed to Benjamin Fu (BenjaminF@Cupertino.org) for signature
2024-04-09 - 4:02:25 PM GMT
Document e-signed by Benjamin Fu (BenjaminF@Cupertino.org)
E-signature obtained using URL retrieved through the Adobe Acrobat Sign API
Signature Date: 2024-04-09 - 4:03:21 PM GMT - Time Source: server- IP address: 108.184.90.127
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Document emailed to christopherj@cupertino.org for signature
2024-04-09 - 4:03:23 PM GMT
Email viewed by christopherj@cupertino.org
2024-04-09 - 4:11:00 PM GMT- IP address: 104.47.73.254
Signer christopherj@cupertino.orgentered name at signing as Christopher D. Jensen
2024-04-09 - 4:11:24 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-04-09 - 4:11:26 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-04-09 - 4:11:27 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-04-09 - 4:19:15 PM GMT- IP address: 104.47.73.254
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-04-09 - 4:19:26 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-04-09 - 4:19:26 PM GMT
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CITY COUNCIL STAFF REPORT
Meeting: September 4, 2024
Subject
Review City Work Program funding to develop new ELI (Extremely Low Income) and
BMR housing units for Developmentally Disabled individuals (IDD) on City-owned
property along Mary Avenue (APN: 326-27-053)
Recommended Action
Receive presentation and authorize staff to utilize the entire remaining budgeted
amount (up to $235,000) to evaluate the proposal received for the City-owned property
on Mary Ave.
Reasons for Recommendation
Background:
Since Fiscal Year (FY) 2020-21, the City of Cupertino’s City Work program prioritized
engaging with philanthropic organizations to develop extremely low-income housing
(ELI) for the intellectually and developmentally disabled (IDD) community. The FY 2021-
22 City Work Program narrowed down this item to excess City-owned property within
the Mary Avenue right-of-way (the “Project Site”). A Site Map of the .79-acre Project Site,
as well as a Vicinity Map, is provided as Figure 1. The Adopted FY 2024-25 City Work
Program continues to include this ongoing project.
On February 6, 2024, the City Council approved an Exclusive Negotiation Agreement
(“ENA”) with the nonprofit public benefit corporations Cupertino Rotary Housing
Corporation, Housing Choices Coalition for Persons with Developmental Disabilities,
Inc., and Charities Housing Development Corporation of Santa Clara County
(collectively, the “Developer”) to negotiate the terms of a ground lease at the City-owned
properties located at APN: 326-27-053. See Attachment A.
Their proposal envisions a 100% affordable, 40-unit, two-story, apartment development.
The individual apartments will be a mix of studio, one-, and two-bedroom units with one
three-bedroom staff unit. The proposal is structured as a Special Needs project which
requires a minimum of 45% (18 units) to be reserved for a special needs population, in this
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case, IDD. The remaining 21 apartments will serve extremely low and very low-income
residents of the community. The affordability levels of the proposed units will range from
30% to 50% of the Area Median Income (AMI). The exact affordability mix by unit type is
still to be determined, but the average affordability level for the entire development will
not exceed 40% AMI.
Analysis:
The Mary Avenue parcel for ELI/Developmental Disability Housing Council Work
Program item was originally adopted in Fiscal Year 2019-20 (FY20) at $150,000 (page 360
of FY20 Final Budget) in the Housing Services, BMR Affordable Housing budget as a
special project (265-72-711 750-052). Those funds remained unspent and unencumbered
for FY20 and FY21 and were carried over in both years. As part of the FY22 Final adopted
budget (page 429) an additional $100,000 was allocated bringing total funding to date to
$250,000. This amount was intended to cover predevelopment costs that include, but not
limited, to the following:
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Creation of the new parcel and recording the map.
Professional fees, including legal fees.
Consultant fees to peer review studies and reports submitted to the City, including
proforma, budget, and environmental1.
Staff time to process the disposition of the parcel, as well as development
applications.
Approximately $15,000 has been spent on the creation of the new property through the
Parcel Map process. The developer is ready to enter the next phase of the project to submit
for entitlement review. To ensure the success of this project, staff recommends City
Council to utilize the remaining allocated funding to cover for staff and consultant’s time
and payments for project review. The estimated cost to finish the entitlement process is
$230,000, which includes staff time, consultant peer review of applicant studies, and
disposition of the property.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Costs associated with this work program item are budgeted in the BMR Housing Fund
265-72-71 750-052. No additional fiscal impact would incur should the City Council direct
the remaining appropriated funds to be utilized for the entitlement review. Should the
City Council deny the use of the appropriated funds, the remaining amount would remain
in the City’s BMR Affordable Housing fund for future uses.
California Environmental Quality Act
The execution of this agreement is not considered a project under CEQA.
_____________________________________
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development
Approved for Submission by: Christophe Jensen, City Attorney
Attachments:
A – Signed Exclusive Negotiating Agreement – Mary Avenue
1 As stated in the Developer conceptual proposal, the City is proposed to contribute approximately $5
million in funding. However, this amount is subject to available funds in the City’s Below Market Rate
fund.
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CITY COUNCIL STAFF REPORT
April 15, 2025
Subject
Fiscal Year (FY) 2025-26 Community Development Block Grant (CDBG) Program, Below
Market Rate Affordable Housing Fund (BMR AHF), General Fund Human Services
Grant (HSG), Permanent Local Housing Allocation (PLHA), and County funding
allocations.
Recommended Action
Authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund
HSG, PLHA, and County funding agreements.
Background
An annual Notice of Funding Availability (NOFA) and Request for Proposals (RFP)
(Attachment A) was issued on November 4, 2024, inviting applicants to apply for
eligible public services (two-year funding cycle) and capital housing projects (one-year
funding cycle) for the upcoming FY 25-26. The NOFA/RFP deadline ended on February
4, 2025. The Housing Commission reviews CDBG, BMR AHF, and General Fund HSG
applications and makes funding recommendations to the City Council. BMR AHF and
HSG funding amounts for FY 25-26 are subject to City Council approval. CDBG funding
amounts will be reduced or increased proportionately for FY 25-26 based on final HUD
allocations. On May 11, 2017, the Housing Commission adopted Resolution 17-02
(CDBG Contingency Plan, Attachment B), in the event that the City receives more or less
CDBG funding than anticipated from the United States Department of Housing and
Urban Development (HUD). Public service funding cycles have been determined by the
timeframe in the City’s 2025-2030 Consolidated Plan. The current cycle covered FY 25-26
and 26-27.
The Below Market Rate Affordable Housing Fund (BMR AHF) is a local funding source
dedicated to increasing housing affordability within the City of Cupertino. The ten eligible
activities for the fund are as follows: BMR Program Administration, Land Acquisition,
New Construction, Acquisition and/or rehabilitation of buildings for permanent
affordability, Preserving “at-risk” BMR Units, Substantial Rehabilitation, Rental
Operating Subsidies, Down Payment Assistance, Direct gap financing, and Fair Housing.
Thus, while awarding funds for the construction of new affordable housing, two activities
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which should also be budgeted for are BMR Administration and Fair Housing
enforcement. FY 25-26 will be the final year of a four-year contract the City has enacted
for BMR administration with Rise Housing. The costs of the contract are approximately
$300,000 per year. Fair Housing costs are approximately $50,000 per year. In order to fulfill
the City’s commitment to the remainder of the administration contract, and to budget
enough reserve funds to cover the costs associated with enacting new administration, fair
housing, and other professional contracts until 2030, a minimum of $1,800,000 would need
to be maintained as a reserve.
The Permanent Local Housing Allocation (PLHA) fund is an entitlement formula grant
awarded by the California State Department of Housing and Community Development
(HCD) to cities to increase housing affordability. Since 2021, the City has been part of a
consortium to allow the County of Santa Clara to jointly administer PLHA funds on behalf
of the City alongside other participating jurisdictions throughout the County, under the
condition that the funds be used only for the predevelopment and development of new
affordable rental housing. As of 2025, the fund has collected $908,683 which has been
committed to the Charities Housing – Mary Ave project for predevelopment costs. The
City Council may award funds to affirm the commitment and begin authorizing their use.
A separate action to award funds will be brought to the County Board of Supervisors at a
later date.
The County of Santa Clara awarded the City of Cupertino a $50,000 inventory grant in
August 2024 to be used for supplementing services and support for residents experiencing
homelessness. In 2023, the City received a similar $50,000 grant from the County for
services to the unhoused and awarded the funds to the West Valley Community Services
for the Haven to Home and Rotating Safe Car Park programs. The 2024 funds have yet to
be awarded. Since the PLHA and the County funds were not included in the NOFA, the
City Council may award these funds either to applicants that responded to the NOFA or
other eligible and qualified nonprofit providers.
Discussion
CDBG Funding
HUD annually allocates CDBG funding to local jurisdictions for community development
activities. Cupertino is one of nine entitlement jurisdictions within Santa Clara County.
Jurisdictions typically must have a population of 50,000 or more to qualify as an
“entitlement jurisdiction” that receives grant funding directly from HUD rather than
through the County. Entitlement grants are largely allocated on a formula basis, based on
several objective measures of community needs, including the extent of poverty,
population, housing overcrowding, age of housing, and extent of population growth lag
in relationship to other metropolitan areas. This is Cupertino’s 21st year as an entitlement
jurisdiction receiving a CDBG grant directly from HUD.
The City anticipates that it will receive approximately $387,000 in FY 25-26 CDBG
entitlement funding. Program income in the amount of $7,944 will also be received and
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allocated from existing CDBG loan payoffs. HUD regulations implement maximum
percentages that may be allocated to CDBG administration and public services. Of the
total estimated funding, a maximum of 20% may be used for administrative costs to cover
salary and benefits of staff who operate the CDBG program, a maximum of 15% may be
used for public services, and the remaining 65% may be used for capital housing projects.
As noted earlier, CDBG funding amounts will be reduced or increased proportionately
for FY 25-26 based on final HUD allocations and City Council approval.
FY 25-26 CDBG Budget (est.)
Entitlement Amount (EN) $387,000.00
Program Income (FY 25-26) $7,944.00
Unexpended Funds $22,523.37
Total Revenues $417,467.37
Program Administration (20% EN) $77,400.00
Public Service (15% EN) $58,000.00
Capital/Housing Projects (65% EN + Unexpended Funds) $282,067.37
Total Expenses $417,467.37
HUD regulations require that eligible activities selected for funding must benefit very low
and low-income households, or eliminate a blighted area, or address an urgent
(emergency) community need, and must also meet a national objective. In addition, only
certain types of eligible activities qualify under the CDBG regulations. Examples of
eligible activities are:
• Acquisition of Land
• Public improvements
• Public service activities
• Affordable housing developments
• Property acquisition for affordable housing
• Rehabilitation of affordable units
2025-26 CDBG Program Administration Funds
An estimated total of $77,400.00 will be used for CDBG program administration. The City
will use these funds for administrative costs to cover the salary and benefits of staff who
operate the CDBG program.
2025-26 CDBG Capital Housing Project Funds (One-Year Funding Cycle)
An estimated total of $282,067.37 will be available for eligible CDBG capital housing
projects. This consists of FY 25-26 funding and unexpended funding from prior years. City
staff conducted extensive outreach and the NOFA/RFP was sent to over 250 contacts in
the affordable housing community. The City received one application in this cate gory
totaling $107,500.00 from Rebuilding Together Silicon Valley. The Housing Commission
recommends awarding the excess of funds, or approximately $174,567.37, to the Charities
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Housing Mary Ave project. The award is specifically for public infrastructure site work to
reconfigure areas currently in the public right away necessary for the development of
affordable housing. This includes but is not limited to redevelopment of the sidewalk,
street parking spaces, bike lanes, curbs, and gutters. The Mary Ave funding award will be
contingent on Charities Housing completing the necessary National Environmental Policy
Act (NEPA) environmental review for the project. The contingence will also include the
ability of Charities Housing to satisfy the City’s requirement to spend-down funds in
accordance with HUD CDBG timeliness guidelines. If at any point in time the City finds
it necessary to reallocate the funds, either for an immediate draw -down or because the
Mary Ave project is unable to acquire planning entitlements, the City will reserve the right
to complete a Substantial Amendment to the FY 25-26 Annual Action Plan and will award
the funds to the City Public Works Department for an applicable project. Funding
recommendations are listed in the table below.
1 CDBG Capital Housing Projects
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a
Rebuilding Together Silicon
Valley- Homeowner Repair and
Rehabilitation Program
$107,500.00 $107,500.00 $96,237.55
b Charities Housing – Mary Ave $174,567.37 $174,567.37 $0
Sub-Total $282,067.37 $282,067.37 $282,067.37 $96,237.55
2025-26 CDBG Public Service Funds (Two-Year Funding Cycle)
An estimated total of $58,000 is available to be used for eligible CDBG public service
activities: those which benefit low and moderate income households in alignment with a
CDBG priority set by the City’s 5-Year CDBG Consolidated Plan. The City received two
applications in this category totaling $109,494.00. Funding was decreased proportionally
based on the City’s Contingency Plan. Funding recommendations are listed in the table
below.
2 CDBG Public Services
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Live Oak Adult Day Services
$22,000.00 $18,000.00 $9,414.00
b
West Valley Community Services
(WVCS) – Community Access to
Resources and Education
Program (CARE)
$87,494.00 $40,000.00 $17,774.00
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Sub-Total $58,000.00 $109,494.00 $58,000.00 $27,188.00
2025-26 BMR AHF Public Services (Two-Year Funding Cycle)
The BMR AHF receives its revenue from the payment of housing mitigation fees from
non-residential (commercial, retail, hotel, research and development (R&D) and
industrial) and residential development projects. Formal agreements and monitoring are
required for this program, but the requirements are less stringent than federal funding. A
total of $50,000 is available to be used for eligible BMR AHF public services. The City
received one application in this category totaling $50,000.00. Funding recommendations
are listed in the table below.
3 BMR AHF Public Services
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Project Sentinel – Fair Housing
Activities
$50,000.00 $50,000.00 $50,000.00
Sub-Total $50,000.00 $50,000.00 $50,000.00 $50,000.00
2025-26 BMR AHF Capital Housing Project Funds (One-Year Funding Cycle)
The City estimates up to $4,800,000 will be available to fund eligible BMR AHF projects
for FY 25-26 prior to accounting for administrative and fair housing expenses. In
accordance with the staff recommendation, the Housing Commission recommends that a
minimum of $1,800,000 be reserved to budget for these other expenses until the year 2030.
Therefore, the City in practice has $3,000,000 to award for affordable housing projects. The
City received two applications for FY 25-26 BMR AHF Capital Housing Projects. The first
application, Charities Housing – Mary Ave, proposes 40 units, with 19 very low-income
units, 20 extremely low-income units, and one manager unit. Within the affordable unit
mix, 19 units will be reserved for individuals with intellectual or developmental
disabilities. The second application, Eden Housing – Wolf Rd, proposes 249 units built
across two phases. The first phase will contain 101 units of mixed-income housing for
school district employees, with approximately 34 low income units and 67 moderate
income units. The second phase will contain 148 units, with 60 very low-income units, 86
low-income units, and two manager units.
Regardless of funding awards, staff will continue to support both the Mary Ave and Wolf
Rd projects through technical assistance to the developers and supporting applications
for additional funding from state and federal sources such as Project Homekey+,
Affordable Housing Sustainable Communities (AHSC), Local Housing Trust Fund
(LHTF), Section 8 Project Based Vouchers (PBV), and other opportunities as they become
available.
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If either project is unable to acquire planning entitlements the City will reserve the right
to “uncommit” the funds and return them to the BMR fund balance. If the City receives
additional BMR funds previously unaccounted for prior to the next NOFA, staff may
recommend awarding additional funds at a future Housing Commission meeting using
the same applications submitted, if necessary. The Housing Commission recommends
that BMR funds, below, be committed in the following amounts, with commitments
becoming awards, which authorize loan agreement execution, contingent on the
developers attaining planning entitlements.
4 BMR AHF Capital Housing Projects
FY 25-26 Application Summary Funds
Available
Funding
Requests
Funding
Commitment
FY 24-25
Funding
Allocations
a Charities Housing – Mary Ave
$4,400,000 $1,916,800.00 $0
b Eden Housing, Inc. – Wolf Rd $4,800,000 $1,083,200.00 $0
Sub-Total $3,000,000 $9,200,000 $3,000,000.00 $0
2025-26 General Fund HSG Public Services (Two-Year Funding Cycle)
The General Fund HSG program is funded by the City’s General Fund. Formal
agreements and monitoring are required for this program, but the requirements are less
stringent than those for federal funding. A total of $129,000 is available to be used for
eligible General Fund HSG public service activities. The City received three applications
in this category totaling $161,380. Funding recommendations are listed in the table below.
5 General Fund HSG Public Services
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a
Catholic Charities of Santa Clara
County – Long Term Care
Ombudsman Program
$12,000.00 $11,000.00
$10,000.00
b
Senior Adults Legal Assistance
(SALA) – Legal Assistance to
Cupertino Elders
$19,500.00 $18,000.00 $16,287.55
c West Valley Community Services
– Haven to Home $129,880.00 $100,000.00 $74,034.34
Sub-Total $129,000.00 $161,380.00 $129,000.00 $100,321.89
2021-25 PLHA Affordable Rental Housing Funds (Four-Year Funding Cycle)
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The PLHA funding, which is awarded to the City of Cupertino and administered by the
County of Santa Clara has accumulated $908,683 to be spent for predevelopment and
development of new affordable rental housing. The Housing Commission considered
both applicants for the BMR AHF funds as potential recipients of PLHA funding but
recommended that all of the available PLHA funding be awarded to the Mary Ave project,
as shown in the table below.
6 PLHA Affordable Housing Projects
FY 25-26 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Charities Housing – Mary Ave $908,683.00 $908,683.00 $0
Sub-Total $908,683.00 $908,683.00 $908,683.00 $0
2025-27 County of Santa Clara Funds (Two-Year Funding Cycle)
The Santa Clara County funding, which was awarded to the City of Cupertino in the
amount of $50,000, is reserved for services that support the unhoused. The Maitri
women’s domestic violence shelter did not respond to the NOFA, making them ineligible
to receive CDBG or HSG funding. However, the organization continues to have a funding
gap of $25,000 per year. The Housing Commission recommends awarding the $50,000 in
County funds to Maitri as a two-year agreement ($25,000 per year) to cover the funding
gap and align their award with the two-year public service grants. The funding
recommendation is listed in the table below.
7 Santa Clara County Funding Unhoused Programs
FY 25-27 Application Summary Funds
Available
Funding
Requests Funding Award
FY 24-25
Funding
Allocations
a Maitri $50,000.00 $50,000.00 $24,678.11
Sub-Total $50,000.00 $50,000.00 $50,000.00 $24,678.11
Reasons for Recommendation
The Housing Commission held a public hearing on March 27, 2025, to consider funding
applications for the CDBG, BMR AHF, HSG, PLHA, and County funding programs. The
Commission recommended approval of the proposed FY 2024-25 funding allocations
above.
Sustainability Impact
No sustainability impact.
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Fiscal Impact
CDBG programs and projects are funded by HUD (Federal) grant funds. PLHA
programs and projects are funded by HCD (State) grant funds. BMR AHF public
services and projects are funded by City housing mitigation fees collected from
residential and non-residential development projects. General Fund HSG activities are
funded through the City’s General Fund. County funding was received through an
inventory grant from District 5 of the Santa Clara County Board of Supervisors. Budget
allocations for approved funding allocations will be included for City Council’s
approval as part of the proposed and final budget.
City Work Program (CWP) Item/Description
Yes, FY 24-25
Preserve existing and develop new BMR/ELI Housing: Explore opportunities to preserve
existing expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing
units for Developmentally disabled individuals (IDD) on City-Owned property as well
as the County-owned sites.
Council Goal:
Housing
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Nicky Vu, Senior Housing Coordinator
Reviewed by: Benjamin Fu, Director of Community Development
Tina Kapoor, Deputy City Manager
Floy Andrews, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A - FY 2025-26 NOFA/RFP
B - Housing Commission Resolution 17-02 (CDBG Contingency Plan)
C- PLHA Cupertino County Consortium Agreement Amendment 1
D- FY 2024-25 County of Santa Clara Unhoused Program Funding Agreement
E - FY 2025-26 CDBG, BMR AHF, HSG, PLHA, and County Funding Application
Summary
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CITY COUNCIL STAFF REPORT
Meeting: July 15, 2025
Subject
Study Session to review an application to develop new ELI (Extremely Low Income) and
BMR housing units for Developmentally Disabled individuals (IDD) on City-owned
property along Mary Avenue (APN: 326-27-053)
Recommended Action
Conduct study Session on the Mary Avenue project and provide comments to staff and
applicant.
Reasons for Recommendation
Background:
Since Fiscal Year (FY) 2020-21, the City Work Program prioritized engaging with
philanthropic organizations to develop extremely low-income housing (ELI) for the
intellectually and developmentally disabled (IDD) community. The FY 2021-22 City Work
Program narrowed down this item to excess City-owned property within the Mary
Avenue right-of-way (the “Project Site”). A Site Map of the .79-acre Project Site, as well as
a Vicinity Map, is provided as Figure 1. The Adopted FY 2025-27 City Work Program
continues to include this ongoing project.
Their proposal envisions a 100% affordable, forty (40) unit, two-story, apartment
development. The individual apartments will be a mix of studio, one-, and two-bedroom
units with one three-bedroom staff unit. The proposal is structured as a Special Needs
project which requires a minimum of 45% (18 units) to be reserved for a special needs
population, in this case, IDD. The remaining twenty-one (21) apartments will serve
extremely low and very low-income residents of the community. The affordability levels
of the proposed units will range from 30% to 50% of the Area Median Income (AMI). The
exact affordability mix by unit type is still to be determined, but the average affordability
level for the entire development will not exceed 40% AMI.
Analysis:
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The 40 units at Mary Avenue Villas will be equally split with 20 units in each building,
which are both two stories in height. Each building will include an elevator and a laundry
room with one of the buildings containing a community room and office while the other
building houses the property manager. The site will include a central parking area
providing approximately 22 spaces and will include EV charging options and 2 handicap
van accessible spaces. A trash enclosure for each building is included at either end of the
parking lot.
Approximately eighty (80) angled street parking spaces along Mary Avenue in front of
the project site will be replaced by thirty-three (33) perpendicular spaces. A bike lane and
sidewalk will front the project site, as well as landscaping which includes street trees,
shrubs, and a variety of water efficient grasses. The Plan Set can be viewed as Attachment
A.
Figure 1 Perspective of Building 2 looking south along Mary Avenue.
Next Steps:
On April 3, 2025, Charities Housing applied for the development (ASA-2025-006). As an
approved Priority Housing Element Site (HE Site 10) that is under 50 units,
this will be approved as an Administrative Review at an Administrative Hearing, exempt
from CEQA and subject only to design review based on objective standards. However,
City Council will ultimately be the decision-making body approving the lease and
disposition agreement with Charities Housing for the development on site.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Costs associated with this work program item are budgeted in the BMR Housing Fund
265-72-71 750-052. No additional fiscal impact would incur should the City Council direct
the remaining appropriated funds to be utilized for the entitlement review. Should the
City Council deny the use of the appropriated funds, the remaining amount would remain
to the City’s BMR Affordable Housing fund for future uses.
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On April 15, 2025, the City Council authorized an allocation of $4,083,250 of cash
assistance to the Project. The allocation is comprised of $3 million of funds from the City’s
BMR Affordable Housing Fund, $908,683 of Permanent Local Housing Allocation (PLHA)
funds, and $174,567.37 of CDBG funds to be used for public infrastructure improvements.
These three allocations will provide a total of $4,083,250 of cash assistance to the Project.
City Work Program Item/Description
Preserve existing and develop new BMR/ELI Housing: Explore opportunities to preserve
existing expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing
units for Developmentally Disabled individuals (IDD) on City-owned property as well as
the County-owned sites.
City Council Goal:
Housing
California Environmental Quality Act
The study session is not considered a project under CEQA.
_____________________________________
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
A – Plan Set
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E
S
E
S
HIGHWAY 85
MARY AVE
GLENBROOK APARTMENTS
MARY AVE DOG PARK
APN 326-27-037
APN 326-27-030
APN 326-27-053
38
.
0
'
7.0'
PSE TO
REMAIN
7.
0
'
PS
E
T
O
RE
M
A
I
N
56
.
0
'
N73°14'26"E
30.04'
N73°14'26"E
28.22'
R =1014.0 0'
∆=6°5 9 '4 9 "
L=123.8 3 '
R =3 0 0 0.0 0 '
∆=5 °15 '3 5 "
L =2 7 5.4 0 '
N16°25'54"W 647.26'
N16°25'54"W 586.54'
CALTRANS ROW
PL
CL
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING TRAFFIC STRIPING
TO BE DEMOLISHED
EXISTING TRAFFIC STRIPING
TO BE DEMOLISHED
EXISTING TRAFFIC STRIPING
TO BE DEMOLISHED
PROTECT IN PLACE
EXISTING PARKING STALL
EXISTING CONCRETE
TO BE DEMOLISHED EXISTING CONCRETE
TO BE DEMOLISHED
EXISTING CONCRETE
TO REMAIN
EXISTING CONCRETE
TO REMAIN
EXISTING ASPHALT
TO REMAIN
EXISTING ASPHALT
TO REMAIN
EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)
EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)
EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)EXISTING CURB TO
BE DEMOLISHED
EXISTING CURB TO
BE DEMOLISHED
EXISTING TRAFFIC STRIPING
TO BE DEMOLISHED
EXISTING ASPHALT
TO BE DEMOLISHEDEXISTING FIBER
OPTIC BOX TO
REMAIN
EXISTING FENCE
TO REMAIN
EXISTING ELEC. LINES
TO BE RELOCATED
EXISTING SOUNDWALL
TO REMAIN
EXISTING ELEC.
MANHOLE TO REMAIN
APPROXIMATE LOCATION
OF EXISTING WATER LINE
EXISTING SLIDING
GATE TO REMAIN
EXISTING 10" VCP
SS TO REMAIN
EXISTING 10" VCP
SS TO REMAIN
EXISTING AT&T FIBER
OPTIC LINES TO REMAIN
(LOCATION APPROXIMATE)
EXISTING CITY OF
CUPERTINO FIBER OPTIC
LINES TO BE RELOCATED
EXISTING STREET LIGHT
TO REMAIN (TYP.)
HIGHWAY 85
MARY AVE
APN 326-27-053
ARROYO VILLAGE
APN 326-27-042
38
.
0
'
56
.
0
'
N73°34'06"E
17.84'
N73°32'03"E
28.37'R =514.00'∆=10°12'26"
L=91.57'
CALTRANS ROW
PL
CL
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING TRAFFIC STRIPING
TO BE DEMOLISHED EXISTING TRAFFIC STRIPING
TO BE DEMOLISHED
EXISTING TRAFFIC STRIPING
TO BE DEMOLISHED EXISTING PARKING STALL
TO REMAIN
EXISTING CURB TO
REMAIN
EXISTING CURB
STOP TO REMAIN EXISTING CONCRETE
TO REMAIN
EXISTING CONCRETE
TO BE DEMOLISHED
EXISTING CONCRETE
TO BE DEMOLISHED
EXISTING CONCRETE
TO REMAINEXISTING CONCRETE
TO REMAIN EXISTING ASPHALT
TO REMAIN
EXISTING ASPHALT
TO REMAIN
EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)
EXISTING CURB STOP TO
BE DEMOLISHED (TYP.)
EXISTING CURB STOP TO
EXISTING CURB TO
BE DEMOLISHED
EXISTING CURB TO
BE DEMOLISHED
EXISTING PARKING STALL
TO BE DEMOLISHED (TYP.)
EXISTING SIGN TO
BE DEMOLISHED
EXISTING WALL TO
BE DEMOLISHED EXISTING UTILITY STRUCTURE
TO BE DEMOLISHED
EXISTING TRAFFIC
STRIPING TO REMAIN
EXISTING MAINTENANCE
BLDG TO REMAIN
APPROXIMATE LOCATION OF
EXISTING 12" SAN JOSE
WATER COMPANY WATER LINE
EXISTING SLIDING
GATE TO REMAIN
EXISTING STREET LIGHT
TO REMAIN (TYP.)
EXISTING FIRE
HYDRANT TO REMAIN
N73°38'11"E
14.23'
E
S
D
Ko Architects, Inc.
900 High Street, Suite 1
Palo Alto, CA 94301
p: 650.853.1908
MARY AVENUE
AFFORDABLE
HOUSING
CITY OF
CUPERTINO
MARY AVENUE
CUPERTINO, CA
PRELIMINA
R
Y
,
NOT FOR
CONSTRUC
T
I
O
N
NO
R
T
H
EXISTING
CONDITIONS &
DEMO PLAN
C000.0
DEMOLITION NOTES:
1. CONTRACTOR TO CLEAR THE SITE WITHIN THE DEMOLITION LIMITS, THE CONTRACTOR
SHALL DEMOLISH AND REMOVE FROM THE SITE ALL CURB, SIDEWALK, PAVEMENT,
PLANTERS AND TREE ROOTS. CONTRACTOR TO REMOVE ALL UTILITIES AND
APPURTENANCES UNLESS OTHERWISE NOTED.
2. ALL MATERIAL REMOVED FROM THIS SITE SHALL BE DISPOSED OF BY THE CONTRACTOR
IN A LEGAL MANNER.
3. REMOVAL OF LANDSCAPING SHALL INCLUDE ROOTS AND ORGANIC MATERIAL.
4. DUST CONTROL MEASURES SHALL BE USED DURING DEMOLITION. CONTRACTOR SHALL
PROVIDE A DUST CONTROL AND MITIGATION MEASURES PLAN.
5. CONTRACTOR TO CAP ALL EXISTING WET UTILITIES AT LIMIT OF DEMOLITION UNLESS
OTHERWISE NOTED. SEWER LATERALS SHALL BE CAPPED AT THE MAIN. WATER
LATERALS SHALL BE REMOVED BACK TO EXISTING METER BOXES.
6. CONTRACTOR SHALL ADJUST THE GRADE OF ANY EXISTING UTILITIES TO REMAIN.
7. THE CONTRACTOR SHALL REFER TO THE DEMOLITION PLAN, TREE PROTECTION PLAN
AND ARBORIST REPORT FOR THE DEMOLITION/PRESERVATION OF EXISTING TREES. ALL
TREES NOT SPECIFICALLY SHOWN TO BE PRESERVED OR RELOCATED WITHIN THE
LIMITS OF DEMOLITION SHALL BE REMOVED AS PART OF THIS CONTRACT. TREE
PROTECTION FENCING SHALL BE INSTALLED AS NECESSARY PRIOR TO ANY
DEMOLITION.
8. REFER TO THE TOPOGRAPHIC SURVEY FOR ADDITIONAL DETAILS OF EXISTING
STRUCTURES, ETC., LOCATED WITHIN THE PROJECT SITE. UNLESS OTHERWISE NOTED,
ALL EXISTING IMPROVEMENTS MARKED AS "REMOVE" INCLUDING UTILITIES, BUILDINGS,
STRUCTURES, SLABS, CONCRETE, ASPHALT, DEBRIS PILES, SIGNS, AND ALL
APPURTENANCES ARE TO BE REMOVED FROM THE SITE BY THE CONTRACTOR AND
PROPERLY DISPOSED OF IN A LEGAL MANNER AS PART OF THIS CONTRACT. SOME
ITEMS TO BE REMOVED MAY NOT BE DEPICTED ON THE TOPOGRAPHIC SURVEY, SUCH
AS UNDERGROUND UTILITIES THAT TIE ABOVEGROUND UTILITY STRUCTURES MARKED
AS "REMOVE". REFER TO THE DEMOLITION PLAN FOR THE LIMITS OF REMOVAL OF
EXISTING IMPROVEMENTS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VISIT THE SITE
AND DETERMINE THE FULL EXTENT OF THE ITEMS TO BE REMOVED. CONTRACTOR
SHALL VERIFY THAT ALL IMPROVEMENTS BEING REMOVED ARE FULLY CONTAINED
WITHIN THE LIMITS OF DEMOLITION, AND THAT THEY DO NOT SERVE ANY FUNCTION FOR
IMPROVEMENTS BEYOND LIMITS OF DEMOLITION. IF ANY ITEMS ARE IN QUESTION, THE
CONTRACTOR SHALL CONTACT THE OWNER PRIOR TO REMOVAL OF SAID ITEMS.
9. THE LOCATION OF EXISTING UTILITIES IS APPROXIMATE AND MAY OR MAY NOT BE
INCLUSIVE FOR THIS SITE. ANY UTILITIES ENCOUNTERED DURING DEMOLITION THAT
ARE NOT DELINEATED HEREON SHOULD BE BROUGHT TO THE ATTENTION OF THE
OWNER AND PROJECT ENGINEER IMMEDIATELY.
10. EXISTING FENCING MAY BE USED AS CONSTRUCTION FENCING ONLY IF APPROVED BY
THE ENGINEER. THE CONTRACTOR SHALL SUBMIT A SPECIFIC LAYOUT FOR
CONSIDERATION BY THE ENGINEER. IF APPROVED, CONTRACTOR SHALL BE
RESPONSIBLE FOR THE CONDITION OF ANY SUCH FENCE SEGMENT POST
CONSTRUCTION.
11. RELOCATION OR REMOVAL OF ELECTRICAL AND GAS UTILITIES SHALL BE COORDINATED
WITH PACIFIC GAS AND ELECTRIC COMPANY.
12. DEMOLITION OF SITE ELEMENTS, INCLUDING BUT NOT LIMITED TO, BUILDINGS, LIGHT
POLES, AND BOLLARDS SHALL INCLUDE THE REMOVAL, AND BACKFILL, OF ASSOCIATED
FOOTINGS AND FOUNDATIONS.
13. LIMIT OF SITE DEMOLITION SHALL NOT EXTEND OUTSIDE THE EXISTING R/W AND
PROPERTY LIMITS.
14. APPLICANT/CONTRACTOR SHALL APPLY FOR AN ENCROACHMENT PERMIT FOR STREET
TREE REMOVAL. PRIOR TO REMOVAL, THE OWNER AND/OR THE CONTRACTOR SHALL
POST A TREE REMOVAL NOTICE FOR A MINIMUM TWO WEEKS PRIOR TO REMOVAL.
DOCUMENT AND PROVIDE PROOF OF NOTICING TO THE CITY, SUCH AS TIME STAMPED
PHOTOS OF THE NOTICE POSTED TO THE TREES AT THE BEGINNING AND THE END OF
TWO WEEK NOTICING PERIOD.
LEGEND
PROPERTY LINE/ CALTRANS ROW
CENTERLINE
EASEMENT
APPROXIMATE CIVIL LIMIT OF WORK
EXISTING ASPHALT TO REMAIN
EXISTING ASPHALT TO BE DEMOLISHED
SE
E
B
E
L
O
W
F
O
R
C
O
N
T
I
N
U
A
T
I
O
N
SE
E
A
B
O
V
E
F
O
R
C
O
N
T
I
N
U
A
T
I
O
N
SURVEY NOTES:
BASIS OF BEARING:
THE BEARINGS SHOWN HEREON ARE BASED UPON
THE CENTERLINE OF MARY AVENUE, BEING
N89°11'55"W PER PARCEL MAP RECORDED IN BOOK
838 OF MAPS, PAGES 24 & 25, IN THE OFFICE OF THE
COUNTY RECORDER.
BENCHMARK:
NORTHING: 1943739
EASTING: 6110141
ELEVATION: 326.97
BM1071 SCVWD BRASS DISK (R180); ON TOP OF THE
SOUTHERLY CURB OF STEVENS CREEK BOULEVARD
AT APPROXIMATELY 200 FEET WESTERLY OF
PENINSULA/BUBB ROAD AND NEAR RAILROAD
CROSSING POLE #22118. ALSO, 2.5 FEET NORTH OF
THE RAILROAD CROSSING LIGHTS, AND 20 FEET
WEST FROM THE CENTER OF THE TRACKS. CITY OF
CUPERTINO.
SURVEY DATE: AUGUST 02, 2024
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MARY AVENUE PROJECT DEVELOPMENT: FREQUENTLY ASKED QUESTIONS
1. Has the public right-of-way been vacated?
The proposed Project will likely require a vacation of a portion of the public right -of-way.
The Streets and Highways Code (§8300 et seq.) does not establish any specific timing
requirements regarding when a non-summary vacation must occur within the broader project or
transactional timeline. Accordingly, the City remains within the permissible timeframe to
undertake the vacation process and will do so at the appropriate stage.
2. Is the parcel map recorded on May 2, 2023 (P.M. 953-M-53) valid?
The parcel map was reviewed and approved through the City’s standard subdivision
procedures and was recorded on May 2, 2023. A copy of the recorded map has been provided as
part of the materials for the City Council study session scheduled for December 2, 2025.
3. Will the council review this matter or will remaining matters be brought on the consent
calendar?
Actions that are purely procedural and do not require substantive policy discussion may
be placed on the consent calendar. This is typically determined on a case-by-case basis. If staff or
the Council believes that an item warrants additional discussion or has policy implications, it will
be scheduled as a regular agenda item rather than on consent.
4. Has the City complied with the Surplus Land Act (“SLA”) Gov. Code §§54220–54234?
The SLA does not impose a specific deadline for a local agency to designate property as
surplus land or exempt surplus land as long as it is completed prior to disposition of the
property. The property at issue qualifies for an exemption under Government Code § 54221(f)(1);
therefore, the Notice of Action and related procedures do not apply. Accordingly, the
City remains within the permissible timeframe to make the required SLA declaration. The City is
proceeding within the framework established by prior City Attorney guidance, which did not
include a formal Council resolution declaring the property exempt surplus land at an earlier stage.
This is in line with common municipal practice to make the exempt surplus land determination
concurrently with approval of the D isposition and Development Agreement.
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Page 2
5. Has the City complied with the Brown Act as it relates to a decision to sell or lease the property
to the developer?
The City Council will make its determination as to the appropriate mechanism for property
transfer when it votes to approve such mechanism, which will likely be via either a sale in the
form of a Disposition and Development Agreement (“DDA”) or a long-term Ground Lease. The
City has not made the final determination at this time, although the City Attorney recommends
that the Council approve the transfer of the property via sale pursuant to a negotiated DDA that
includes an option to repurchase in certain circumstances under a pre -negotiated formula for
determining the repurchase price, as opposed to a long-term ground lease.
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CITY OF CUPERTINO
Agenda Item
Subject: City Manager Report
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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Wednesday, November 26, 2025
A Message from the City Manager
Hello Neighbors,
As we head into this season of gratitude, I want to express my heartfelt
appreciation to our community. I am deeply honored to have been appointed
City Manager this past week and to continue serving the City. City Council’s
unanimous decision on my appointment has brought positive media attention
to Cupertino, and many of you have reached out with kind words of support,
encouragement, and excitement. Thank you. It truly means a lot to me. More
about the announcement in this newsletter.
In this edition, you’ll also find highlights of the City’s recent recognition from the
Metropolitan Transportation Commission for our smooth, well-maintained streets,
an achievement we can all take pride in. There’s also a business buzz section
with updates around all things economic development. With winter weather
approaching, we’ve included helpful reminders to support our local businesses
this holiday season and resources to help you stay prepared. You’ll also find
details about the upcoming Coyote Community Meeting, aimed at helping
residents stay informed and safely coexist with our local wildlife.
Thank you for your continued engagement and partnership. I wish you and your
loved ones a warm, joyful, and gratitude-filled Thanksgiving.
Read the full City Manager’s Newsletter November 26, 2025 and all previous
editions at cupertino.gov/cmnewsletter.
Warm Regards,
Tina Kapoor, City Manager
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CITY OF CUPERTINO
Agenda Item
Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 11/26/2025Page 1 of 1
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CITY COUNCILMEMBER REPORT
Meeting: Tuesday, December 2, 2025
Reporting Councilmember: Mayor Liang Chao
Report Dates: 11/11/25 to 11/24/25
● Last Activity Report in the November 4, 2025 Council Meeting Agenda
Section 1: Announcement - Message from the Mayor:
❖ Tina Kappor was appointed as the City Manager on December 18 unanimously by the City
Council.
➢ City press release: City Council Unanimously Appoints Tina Kapoor as New City
Manager
➢ Mayor’s comment to Mercury News reporter:
“It has been a pleasure working with Tina. She brings a can-do attitude and a
collaborative spirit to every challenge, while also demonstrating the backbone to
make tough decisions when necessary. Since stepping into her role, Tina has
helped move several previously stalled projects forward and has approached
complex issues with pragmatism and integrity.
She has proactively improved the city’s internal processes—for example,
reinstating hybrid meetings for all commission meetings without additional cost
by strategically consolidating staff support.
Tina listens. On multiple occasions, residents who voiced concerns felt their input
was genuinely heard and addressed with care. Her thoughtful leadership has
made a meaningful difference in how the city serves its community.”
➢ Find City Manager’s Weekly Letter to Council and the City Manager’s Newsletter at the
City Manager’s Page.
❖ Mayor’s Initiatives and other updates:
➢ CuperTeens Got Laughts was held on November 23rd at the Community Hall with
standup comedy, drama, dance, band, guitars, singing, kungfu from almost 20 groups
with more than 100 attendees. It was a great family event.Laughters broke out from the
audience often.
➢ Mayor’s Initiative Wrap-up Party will be held on Thursday December 11 at 5pm, right
before the 6pm Election for Mayor and Vice Mayor. Everyone is welcome to attend to see a
review of what we’ve done and thank the organizers.
❖ Monthly Chat with Mayor Community Meetings: These meetings will be generally held on the
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second Monday at 5pm each month, but it might be moved to other Mondays if needed. The location will
rotate so that we cover different businesses each month.
➢ The November Monthly Chat was held at Apple Green Bistro at the Cupertino Village Shopping
Mall. It was very well attended.
❖ Process to Request Certificate of Recognition or Commendation:
➢ To ensure such requests are handled as smoothly and efficiently as possible, the City Manager’s
Office has implemented a dedicated process.
➢ We kindly ask that you complete the following form, which will allow Mayor Chao to present a
certificate of recognition: https://cupertino.gov/councilmeetingrequest
❖ Proclamations at Council meetings: This year, I plan to follow a tradition upheld by some former
Cupertino mayors and other mayors in recognizing organizations or individuals with proclamations
during Council meetings. My goal is to honor those who have made consistent and/or significant
contributions to Cupertino, with an emphasis on those who are less well-known. If you have any
suggestions, please feel free to email me at LChao@Cupertino.gov.
Proclamations for contributions will generally be presented at the second Council meeting of each month,
while the first meeting will continue to recognize special observances (e.g., awareness months or weeks) as
before. You are also welcome to submit suggestions for these recognitions.
Section 2: Committee Assignment
2025-11-14 attended the 2x2x2 CUSD-FUHSD-Cupertino partnership meeting
- This is a quarterly meeting, where FUHSD and CUSD provide updates on their bond measure
projects and other initiatives. Cupertino provides updates on developments and
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SafeRoutes2School.
2025-11-19 bi-monthly meeting with Commission Chairs
- In this meeting, each Chair or representative provides feedback on the process so far in agenda
setting, community engagement etc.
- Each commission submit 3 bullet points: September 25, 2025 - Mayor and Commission Chairs
Meeting on September 17, 2025. The November update will be posted on the info memo page
soon.
Section 3: 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.
2025-11-11 attended and spoke the Veterans’ Day Ceremony at the Memorial Park
- Event recap in the City press release: Cupertino Recognizes Veterans Day with Ceremony at
Memorial Park
- Mayor Chao’s Remark at Veteran’s Memorial concluded with
“Here in Cupertino, we are a community of many backgrounds and stories. Some of our
families have lived here for generations, helping to build this city and shape its character.
Others came from different parts of the world, bringing with them rich histories,
traditions, and perspectives. Yet here, we live together in peace, raise our children side by
side, and share the same hopes for peace, prosperity, and unity.
Our diversity only makes us stronger when we are united — united in our love for this
country, in our belief in humanity and mutual respect, and in our faith in the economic
promise that a free and enterprising society makes possible.
Let us honor our veterans, our first responders, and their families not only with words,
but with continued gratitude and commitment to a stronger, kinder, and more
compassionate future.
Let us move forward together with our common faith in the future of the United States of
America.”
- Proclamations presented:
- Proclamation: Recognition of Members of Armed Forces, Veterans, and their Families
- Proclamation: Recognition of Police Officers, Firefighters, First Responders and their Families
2025-11-12 attended the Elected Official Reception by Stanford President Jon Levin & Dr. Amy Levin
at the President’s house
- It was an intimate gathering to get to know the many staff members in the Government Relations
Office and the deans of a few colleges.
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2025-11-14 met with Orrin Mahoney to get an update on the Mary Avenue project
- They have provided a lot of information on the Mary Avenue Villas website. Orrin gave an informal traffic
analysis.
2025-11-16 attended the 10th anniversary meeting of Business and Housing Network (BAHN) at
Cupertino Senior Center
- “Business and Housing Network (BAHN) is a non-profit organization representing
mom-and-pop housing providers in California. Founded in 2016 (as Bay Area Homeowners
Network), BAHN: advocates for private property rights; advocates for housing-friendly policies;
promotes education and professional development of housing providers.”
2025-11-15 attended a presentation “MuhammadL A Mercy for All People” hosted by the Ahmadiyya
Muslim Women Auxiliary at the Baitul Baseer Mosque in Milpitas
- The presentation shares the teachings of Mohammad, which includes love, giving, and free
enterprise.
- The presentation was followed by light food and informal chat.
2025-11-16 attended the Cricket Academy Award Ceremony in Cupertino Middle School
- Awards were given to best players and volunteers. Issued a certificate for Sabrish Prasad, the
player who qualified for the World Cut and won the team.
2025-11-16 attended the fifth annual meeting of Coalition of Hindus of North America (CoHNA) in
Fremont
- “CoHNA (pronounced: “Kohnaa”), 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.”
2025-11-16 attended the 22nd annual banquet of India Community Center (ICC) in Milpitas
- India Community Center (ICC) opened its first facility in February 2003. Today it operates 40K
square feet at the Main Center in Milpitas and added new locations like the ICC Table Tennis
Center in Milpitas, ICC West Valley in Cupertino, ICC Tri-Valley in San Ramon, and ICC
Mid-Peninsula in Palo Alto. ICC offers preschool, senior care, afterschool classes etc.
- The ICC West Valley in Cupertino operates out of the Union Church and offers free meals. They
will collaborate with the City of Cupertino to offer classes soon.
2025-11-17 gave a presentation at the FUHSD Climate Collaborative on the upcoming contract with
Sunnyvale SMaRT Station to sort recycled products at the FUHSD Board Room
- My presentation also covers other recycling and waste reduction issues from the Santa Clara
County Recycle and Waste Reduction Commission and the California Product Stewardship
Council.
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2025-11-19 meeting with the manager of Alexander Steakhouse
- They are planning to submit a proposal to renovate Alexander Steakhouse in Spring 2026
2025-11-20 Signing Ceremony for four friendship cities to renew their status at the City Hall lobby
- They include two friendship cities in Taiwan, Taichung and New Taipei City and two friendship
cities in China, Tongxian and Xianning.
2025-11-20 meeting with student representatives from the Taichung Friendship City Association
- Five students each asked a question and provided an oral summary.
2025-11-21 meeting with the Executive Director of the Silicon Valley Chamber of Commerce
- They have a $0.5M budget and 3.5 FTE staff members without any funding from any city so far.
They host monthly workshops, weekly mixer and weekly referral meetings and publish a
newsletter packed with information.
- They are also hosting regular meetings on topics, such as the 2026 Games, AI for business and
workforce development, for example.
2025-11-21 visited the Evergreen Islamic Center in Evergreen
- Took a tour of the center and observed a sermon.
- The land nestled within the beautiful hills of Evergreen was acquired in 1989. “Subsequent efforts
were made to start offering prayers at the facility, and construction of a full-blown mosque was
kicked off in 2010.”
- “EIC is committed to serving both the spiritual and practical needs of its community. It has also
actively participated in initiatives such as feeding the unhoused, operating as a voter center, and
providing educational programs for youth.”
- “EIC prides itself on its inclusive approach, welcoming individuals of all faiths and backgrounds
to participate in its activities and events. Through its outreach efforts, EIC seeks to foster
understanding, compassion, and unity within the Evergreen community and beyond.”
2025-11-23 attended the Fall Fundraiser of Be Natural Music at Dar Restaurant and Bar in Los Gatos
- The Fall Fundraiser of Be Natural Music features a mix of youth and adult Rock and Jazz bands
plus silent auction. The Fall Fundraising season will fund scholarship for 45 low to moderate
income families to afford music classes.
- Be Natural Music opened their Cupertino branch at the Stevens Creek & Blaney in 2023 to offer
classes on numerous instruments.
2025-11-24 meeting with Dr. Japra of Festival of Globe (FOG) at City Hall
- Discuss potential opportunities for FOG to collaborate with Cupertino to host events and festivals
Section 4: Information Access Useful to My Constituents (not updated):
1. Public Comments Webpage and Email
A new page has been added to the City’s website on how to submit public comments for Council
meetings. It explains the process for submitting written comments on City Council agenda and
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nonagenda
items. A dedicated email address, PublicComment@Cupertino.gov, was created for members
of the public to send in their comments. This email address is also posted on City Council
agendas.
The intent of using this dedicated email is to ensure comments are efficiently routed and
tracked. Emails sent to this address are automatically distributed to the City Council, City
Manager, Deputy City Manager, and City Clerk, and an autoresponder confirms receipt. This
process is especially helpful during periods of high public input.
Comment Submission Guidelines:
2. 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 Council page. You can also
find the page by entering search terms “info memos” at the top of the website.
★ Anyone may use the eNotification signup to receive informational memo updates by
email.
★ The info memos are now hosted in the digital archive as all other city records.
★ Click “+” to zoom in.
★ On a laptop:
○ To open the document as PDF, click on the Print icon and then click on “Download
& Print”. The downloaded PDF will appear in a new tab for viewing.
○ This does not work on Safari browser on an iPhone.
★ To copy and paste text, you must open it as PDF and then copy & paste from there.
New memos posted, since last report:
● No new info memos published since February 28
● 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.
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.
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○ Enter the search term, such as “investment report”. Choose the year or select “All
Years”
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1
CITY COUNCILMEMBER REPORT
Meeting: December 2, 2025
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 11/11/25 to 11/24/25
Item Date, Title, and Description:
Event 1. November 11, 2025 – Veterans Day Ceremony – Together with the entire City Council,
I participated in the annual Veterans Day Ceremony at Memorial Park. The ceremony was well
attended and the weather was much improved over 2024.
Event 2. November 12, 2025 – Silicon Valley Clean Energy Board Meeting – I attended this
meeting in my capacity as Cupertino’s representative on the Board. The meeting had to be cut
short on account of the unexpected unavailability of a noticed location. Meeting materials are
available on the SVCE website here.
Event 3. November 13, 2025 – Silicon Valley at Home Electeds Roundtable – Along with an
assortment of local city councilmembers, I attended Silicon Valley at Home’s most recent
roundtable for elected officials. Topics discussed ranged from the challenges of the RHNA
process to upcoming opportunities for affordable housing funding.
Event 4. November 13, 2025 – Cities Association of Santa Clara County JPA Legislative
Action Committee Meeting & Board Meeting – I chaired the final 2025 meeting of the
CASCC’s LAC in my capacity as Second Vice-President of the organization. I stayed for the
Board meeting to present the LAC Chair’s Report to the Board. The Board also elected me to
the Executive Committee as First Vice-President of the organization for the coming year.
Meeting materials are available on the CASCC website here.
Event 5. November 14, 2025 – Staff Briefing on City Hall Renovation – Together with
Councilmember Mohan, I attended a briefing offered by Public Works on the next steps and
options in the renovation of City Hall.
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City Council Councilmember Report
2
Event 6. November 17, 2025 – Meeting with Interim City Manager – I met with Interim City
Manager Tina Kapoor to go over upcoming council agenda items, items of interest, and issues
raised by residents.
Event 7. November 17, 2025 – Cupertino Public Facilities Corporation Board Meeting –
Together with the rest of the city council, we met as the Board of the Cupertino Public Facilities
Corporation to hold the Board’s required annual meeting.
Event 8. November 21, 2025 – Meeting with City Manager – I met with City Manager Tina
Kapoor to go over upcoming council agenda items, items of interest, and issues raised by
residents.
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