CC 03-21-2023 Item No. 3 Staff Reports and attachments for Chamber of Commerce_Written CommunicationsCC 03-21-2023
Written Communications
Item No.3
Consider staff reports
and the attachments
provided at the June 21,
2022 and March 7, 2023
for Chamber of
Commerce
From:Kitty Moore
To:City Clerk; Kirsten Squarcia
Subject:Pull Consent Agenda Item 3 and add Written Communications
Date:Tuesday, March 21, 2023 3:10:38 PM
Attachments:Purchasing Policy Cupertino.pdf
Chamber Summary .pdf
5. Cupertino Chamber PAC - Stip.pdf
Dear City Clerk,
Please pull Consent Item 3 and please add the attachments to Agenda Item 3 today.
Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
Kmoore@cupertino.org
(408) 777-1389
Cupertino, CA Municipal Code
CHAPT ER 3.22: PURCHASE OF SUPPLIES, M AT ERIALS, EQUIPM ENT AND SERVICES
Section
3.22.010 Purpose of c hapter.
3.22.020 Definitions .
3.22.030 Purchasing Officer.
3.22.040 Purchase orders or c hec k reques ts needed-Us e of petty c as h funds .
3.22.050 Availability of funds .
3.22.060 Purchasing requirem ents.
3.22.070 Exemptions.
3.22.010 Purpose of Chapte r.
This c hapter is enacted to set forth policy to es tablish effic ient procedures for the purc has e of supplies , m aterials ,
equipment and s ervic es at the lowest possible cost comm ens urate with quality needed, and to c learly define authority for
the purc has ing function of the City.
(Ord. 1582, § 1 (part), 1992)
3.22.020 De finitions.
For the purpos es of this c hapter, the following words and phrases s hall have the meanings ascribed to them by this
section.
1. "Bid" means any propos al s ubm itted to the City in c om petitive bidding for City purchases and contracts for
supplies , m aterials , equipm ent, and/or s ervic es .
2. "Lowest res pons ible bidder" means the lowest monetary bidder who has demonstrated the attribute of
trustworthines s as well as quality, fitnes s , c apac ity and experience to s atis factorily perform the c ontrac t.
3. "Purc has es ." Purc has es of supplies and equipment shall include leases or rentals , as well as trans ac tions by
whic h the City acquires owners hip.
4. "Purc has ing Offic er" m eans the City Manager or any other offic ial or officials des ignated in writing by the City
Manager for adm inis tration of this c hapter.
5. "Servic es " m eans any and all s ervic es including, but not lim ited to, equipm ent s ervic e contracts .
The term does not inc lude s ervices rendered by City officers or employees , or profes s ional or other s ervic es which are
by nature unique or for whic h the proc edure for procurem ent is s pec ific ally provided by law.
6. "Supplies ," "m aterials " and "equipment" means any and all artic les, things or tangible personal property furnis hed
to or to be us ed by the City.
(Ord. 1897, § I (part), 2002; Ord. 1582, § 1 (part), 1992)
3.22.030 Purchasing Office r.
A. The Purchasing Officer of the City is ves ted with the authority for the purc has e of supplies , m aterials , equipm ent and
services. W hen the provis ions and intent of this c hapter may be best served by s o doing, the Purc has ing Officer may
authoriz e in writing any department to inves tigate, s olic it bids or to negotiate the purc has e or award of contracts for
supplies , m aterials , equipm ent or s ervic es for that department, provided that s uc h shall be done in c onformity with the
proc edures pres c ribed by this c hapter or by duly adopted adm inis trative rules and regulations pertaining thereto.
B. The Purc has ing Officer s hall have the res pons ibility and authority to:
1. Purchase or c ontrac t for materials, supplies, equipment and s ervic es to be performed as m ay be required by any
departm ent of the City in ac c ordance with procedures prescribed by this c hapter or by s uc h adm inis trative rules and
regulations as the Purchasing Offic er m ay adopt purs uant thereto;
2. Prepare and adopt adm inistrative rules and regulations not in conflic t with the provisions of this c hapter for the
purpos e of carrying out the requirem ents and intent of this purchasing system.
(Ord. 1582, § 1 (part), 1992)
3.22.040 Purchase Orde rs or Che ck Re que sts Ne e de d-Use of Pe tty Cash Funds.
A. Purc has es of supplies, m aterials , equipm ent or s ervic es shall be m ade only by means of purc has e orders or c heck
reques ts proc es s ed and is s ued pursuant to this c hapter. The purc has e orders or check requests shall be valid only when
signed by the City Manager, the Purchasing Officer or other pers ons as may be designated by the Purchasing Offic er to
act in his behalf.
B. Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their es tablis hm ent.
(Ord. 1582, § 1 (part), 1992)
3.22.050 Av ailability of Funds.
The Purchasing Officer shall not is s ue any purc has e order or check request, or award any c ontrac t for the ac quisition of
supplies , m aterials , equipm ent or s ervic es , unless there exis ts an unencum bered appropriation in the funds as approved
by City Counc il res olution adopting proc edures for adm inis tration of the annual budget. The appropriate ac c ount and
funds shall be encum bered im m ediately after the is s uanc e of the purchase order or c hec k reques t or award of contrac t.
(Ord. 1582, §I (part), 1992)
3.22.060 Purchasing Re quire me nts.
A. Open Market Purc has es . The Purc has ing Offic er m ay award c ontrac ts or issue purchase orders or c hec k requests
for the ac quisition of supplies , m aterials , equipm ent or s ervic es in the open market without observing the c ompetitive
bidding procedure contained in this Chapter when the dollar value will fors eeably equal, or be less than, the amount for
public works c ontracts described in s ec tion 22032(a) of the Public Contrac ts Code.
B. Purc has es Approved by City Council-Application of Formal Competitive Bidding Proc edures . In instanc es where the
acquis ition of supplies, m aterials , equipm ent or servic es will fores eeably result in the is s uanc e of a purc has e order, c hec k
reques t, or the award of a c ontrac t with a dollar value in exc es s of the required dollar value for public works c ontrac ts
described in s ec tion 22032(b) of the Public Contracts Code, s uc h will be authorized only by ac tion of the City Counc il.
Suc h ac tion s hall be taken after the form al c ompetitive bidding procedures des c ribed in this section are followed, unless
purs uant to a written rec om mendation of the City Manager, the City Counc il finds that the us e of the formal com petitive
bidding procedure is not prac tic al due to lim itations on s ource of s upply, necessary res trictions in s pec ific ations ,
necessary standardiz ation, quality cons iderations, or if other valid reas ons for waiving the formal c om petitive bidding
proc es s proc edures appear. Upon m aking s uc h a finding, the Counc il may direc t the Purc has ing Offic er to dispense with
the form al c om petitive procedure and m ake the purc has e on the open market or through any other procedure which
m eets the City's requirements .
C. Form al Competitive Bidding Procedures . The form al bidding proc edures required for purchases des c ribed in
Section 3.22.060B are as follows:
1. Notice Inviting Bids .
a. Notic e inviting bids shall include:
i. A dis tinc t des c ription of the supplies , m aterials , equipm ent or s ervic es to be purchased;
ii. The location where bid blanks, specific ations and requests for propos als may be secured;
iii. The tim e and plac e for opening bids ;
iv. A statem ent that the City has the authority to reject any and all bids and m ay waive any minor technic ality or
variance found in a bid doc um ent.
b. The notice inviting bids s hall be published at least fourteen c alendar days before the date of opening of bids in a
news paper of general circulation printed or published in the City. Suc h notice may als o be m ailed to any vendor or
provider whic h the Purchas ing Officer has reas on to believe m ay be in a position to provide the s ubject supplies , m aterial,
equipment or services to the City.
2. Opening of Bids. Bids s hall be opened in public by the City Clerk at the time and plac e stated in the notice inviting
bids . A tabulation of all bids rec eived s hall be open for public inspection during regular bus iness hours for a period of not
les s than fifteen c alendar days after the bid opening. Any bid whic h is rec eived after the time s pec ified in the notic e shall
be returned unopened.
3. Award of Contrac t. Contracts shall be awarded by the City Counc il to the lowest res pons ible bidder exc ept as
otherwise provided in this chapter.
4. Award to Next Lowes t Bidder-Failure to Exec ute Contract. The City Council m ay, on refus al or failure of the
successful bidder to execute the contract within ten days after the date the notice of award of contrac t is m ailed, unless
the City is responsible for the delay, award it to the next lowest responsible bidder.
5. Award of Contrac t to the Next Lowest Bidder-Lowes t Bidder Irres ponsible-Notic e and Hearing.
A. The City Counc il, in its s ole dis c retion, may rejec t the lowes t monetary bid for purc has es of s upplies, m aterials ,
equipment or services upon a s pec ific finding that the lowes t m onetary bidder is not responsible. To determine
res pons ibility, the City Counc il m ay consider, am ong other things, the bidder's financ ial res pons ibility, level of experienc e
and whether the bidder has failed to c omplete or deliver any supplies , m aterials , equipm ent or s ervic es in other projec ts.
B. If the City Counc il rejec ts the lowes t bid upon its determination that the lowes t bidder is not res pons ible, the City
shall:
i. Give notic e of the City Council's dec ision to the lowest m onetary bidder, s etting forth the reasons why the bidder
is not considered the lowes t responsible bidder;
ii. Give the bidder the opportunity to ask for a pre-award hearing before the City Council on the issue;
iii. If the hearing is reques ted, agendiz e the matter before the City Council, giving written notic e of such hearing to
all bidders ;
iv. After hearing, the City Counc il shall make a finding, supported by the evidenc e on the rec ord as to the
nonres pons ibility of the lowest m onetary bidder.
6. Rejec tion of Bids-Identic al Bids -Absence of Bids . The City Counc il, in its s ole discretion, m ay:
a. Rejec t any bids pres ented and re-advertis e for new bids;
b. Rejec t any bid that fails to m eet the requirements of the formal bidding proc edure in any respect;
c . If two or more bids are the s ame and the lowest, the City Counc il m ay accept the one it chooses;
d. If no bids are received, the City Counc il m ay direct the Purchasing Offic er to purc has e the supplies, m aterials ,
equipment or services without further adherenc e to the form al bidding proc edure;
e. W aive any minor irregularities or varianc es in any bid rec eived.
D. Informal Competitive Bidding Proc edures . In instanc es where the purc has e of supplies, m aterials , equipm ent or
services will fors eeably result in the is s uanc e of a purc has e order, c hec k reques t or the award of a c ontract with a dollar
value of greater than the am ount for public works contrac ts des c ribed in section 22032(a) of the public c ontrac t c ode but
equals , or is les s than the amount for public works c ontrac ts des c ribed in section 22032(b) of the public contracts code,
the Purchasing Offic er m ay award c ontrac ts or issue purc has e orders or check requests for the purc has e of supplies ,
m aterials , equipm ent or s ervic es .
Suc h ac tion s hall be taken only after the inform al c ompetitive bidding proc edure des c ribed in subsection E below is
followed unles s the City Manager finds in writing that the use of the inform al c om petitive bidding proc edure is not prac tical
due to limitations on s ourc e of supply, nec es s ary restric tions in specifications, necessary standardiz ation, quality
considerations, or if other valid reasons for waiving the informal com petitive bidding proc es s procedure appear. Upon
m aking s uc h a finding, the City Manager m ay direct the Purchasing Officer to dis pens e with the informal com petitive
bidding procedure and m ake the purc has e on the open m arket or through any other proc edure whic h meets the City's
requirements .
E. Informal Competitive Bidding Proc edure for Purc has es Described in Subparagraph D. Above.
i. The proc edures described in s ubs ec tions 3.22.060 C I a and C2-C6 of this c hapter are applic able except that
the duties des c ribed thereunder which are performed by the City Counc il are performed under thes e informal proc edures
by the Purc has ing Officer. Determinations of the Purc has ing Offic er are subjec t to appeal pursuant to Chapter 1.16 of the
City's ordinance c ode.
ii. Public ation of notice inviting informal bids is not required.
(Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992)
3.22.070 Exe mptions.
Notwiths tanding any provis ion of this c hapter to the c ontrary, the Purchasing Officer, with the written c onc urrenc e of the
City Manager, is authorized to issue a purc has e order or c hec k reques t, or award a contrac t, without adherence to the
other provis ions of this chapter under following ins tanc e:
A. Em ergency Purc has es . The im m ediate requirement of an item nec essary for the c ontinued operation of a
departm ent or for the pres ervation of life or property s hall be deemed an em ergency. A full report of the c irc umstanc es of
em ergenc y purc has e in exc es s of the amount described in s ubs ec tion 3.22.060B s hall be filed with the City Counc il at its
next regular m eeting after the purchase was made.
B. Recurring or Es s ential Servic es . Purchase orders or c hec k reques ts , inc luding paym ent of c laims against the City
where reasonable advanced es timates of costs cannot be determ ined for essential services of a rec urring nature.
Inc luded, but not limited to, this authorization are s uc h item s as utility s ervic es , approved c laims for liability under the City's
ins urance program , renewal prem ium for authoriz ed ins urance polic ies , all expenditures for the City's payroll and
em ployee benefits and other matters involving unknown es timates of c os ts .
C. Purc has es From Other Public Agencies . Purchases of s upplies , materials, equipment or services from any other
public agenc y c reated under the laws of the State of California or the United States Government are exempt from the
bidding requirem ents of this chapter.
D. Profes s ional Servic es . Profes s ional services including, but not limited to, services of lawyers, arc hitec ts, engineers,
land surveyors, artis ts and accountants are exem pt from the bidding requirem ents of this chapter.
(Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992)
CHAPT ER 3.23: PUBLIC WORKS CONT RACT AND BIDDING PROCEDURES
Section
3.23.010 Purpose.
3.23.020 Definitions .
3.23.030 Com petitive bidding.
3.23.040 Notic e inviting bids .
3.23.050 Presentation of bids -Sec urity required-Subcontractor designated in bid.
3.23.060 Opening bids.
3.23.070 Award of contract.
3.23.080 Forfeiture of s ec urity.
3.23.090 Award of contract to next lowest bidder-Failure to exec ute c ontrac t.
3.23.100 Award of contract to next lowest bidder-Lowest bidder irrespons ible-Notice and hearing.
3.23.110 Rejection of bids-Identic al bids-Absence of bids.
3.23.120 Inform al bidding proc edure for public works projects .
3.23.130 Exempt from bidding requirements .
3.23.140 Performance bond of successful bidder.
3.23.150 Depos it of proc eeds .
3.23.160 Additional work by City authority.
3.23.170 Deletions of work by City authority.
3.23.010 Purpose .
This c hapter is enacted to enhance c om petition, to prevent corruption and undue influence in the awarding of public
works c ontrac ts, and to c larify the City's com petitive bidding requirem ents es tablished pursuant to Part 3 of the California
Public Contract Code, Sec tions 20100 et s eq.
(Ord. 1583, § 1 (part), 1992)
3.23.020 De finitions.
As used in this chapter, the following term s , phrases , words and their derivations s hall have the meanings given in this
section:
1. "Bid" means any propos al s ubm itted to the City in c om petitive bidding for the c ons truction, alteration, repair or
improvement of any s truc ture, building, road or other improvem ent of any kind.
2. "Lowest res pons ible bidder" means the lowest monetary bidder who has demonstrated the attribute of
trustworthines s as well as quality, fitnes s , c apac ity and experience to s atis factorily perform the public works contrac t
sought.
3. "Public works c ontrac t" means an agreem ent for the erection, c ons truction, alteration, repair or im provement of
any public s truc ture, building, road or other public im provem ent of any kind.
4. "Public works projec t" means:
a. The erection, im provement, painting or repair of public buildings and works;
b. W ork to protec t against overflow of s treams, bays, waterfronts or em bankm ents ;
c . Street or sewer work except for m aintenance or repair thereof;
d. Furnis hing s upplies or m aterials for any such project, inc luding the m aintenanc e or repair of s treets or sewers.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)
3.23.030 Compe titiv e Bidding.
Exc ept as otherwise provided for in this chapter, public works projects with an es timated dollar value in exc es s of the
required dollar value for c ompetitive bidding es tablished by section 22032(a) of the California Public Contrac ts Code, as
m ay be amended, shall be contracted for purs uant to the proc edures prescribed in this chapter.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 1, 2016)
3.23.040 Notice Inv iting Bids.
The notice inviting bids s hall be in the form and published as follows :
A. Notic es inviting bids s hall include:
1. A distinct description of the public works projec t to be perform ed;
2. The location where bid blanks and s pec ific ations m ay be s ec ured;
3. The time and plac e for opening bids;
4. The type and am ount of bidder's s ec urity required;
5. The c lass of lic ens e required for the public works to be perform ed; and
6. A s tatem ent that the City has the authority to rejec t any and all bids and may waive any m inor tec hnicality or
variance from the bid s pec ifications.
B. The notic e inviting bids s hall be:
1. Published in a newspaper of general c irc ulation printed and published in the City at leas t the number of days
specified in Section 22037 of the California Public Contrac t Code, as may be am ended, before the opening of bids ; and
2. Provided to all c ons truc tion and trade journals s pec ified in Sec tion 22036 of the California Public Contrac t Code, or
as may be am ended, at least the number of days and by the methods set forth in Sec tion 22037 of the California Public
Contrac ts Code, as may be am ended.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 2, 2016)
3.23.050 Pre se ntation of Bids-Se curity Re quire d-Subcontractor De signate d in Bid.
A. All bids shall be pres ented under s ealed c over (identified as bids on the envelope), subm itted to the City Clerk and
accom panied by one of the following forms of bidder's s ec urity:
1. Cas h;
2. A c as hier's c hec k m ade payable to the City;
3. A c ertified c hec k m ade payable to the City;
4. A bidder's bond executed by an adm itted s urety ins urer, m ade payable to the City.
B. The s ec urity s hall be in an amount equal to at leas t ten perc ent of the amount of the bid, or s uc h other sum as m ay
be authorized by the California Public Contrac t Code. A bid shall not be c ons idered unles s one of the form s of bidder's
security is enc losed with it.
C. Upon award of the c ontrac t to the lowes t responsible bidder, the s ec urity of an unsuccessful bidder shall be returned
in a reasonable period of time, but in no event s hall s uc h s ec urity be held by the City beyond ninety days from the date the
notice of award of contract is m ailed.
D. All bidders on a public works projec t m us t des ignate in their bids the nam e, address, the portion of the work eac h
subcontractor will perform , and other inform ation as required by Sec tion 4101(a)(1) of the California Public Contrac t Code,
as may be am ended, of eac h s ubc ontrac tor:
1. W ho will perform work exc eeding one-half of one percent of the prim e contrac tor's total bid, or
2. W ho meet or exceed the thresholds for s pec ific types of work as specified in Section 4101(a)(1) of the California
Public Contracts Code, as m ay be amended.
E. The prime c ontrac tor s hall lis t only one s ubcontractor for eac h portion of work as is defined by the prim e contractor
in their bid.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 3, 2016)
3.23.060 Ope ning Bids.
Bids s hall be opened in public at the tim e and place s tated in the notice inviting bids. A tabulation of all bids rec eived
shall be open for public ins pec tion during regular busines s hours for a period of not less than fifteen calendar days after
the bid opening. Any bid which is received after the tim e specified in the notice s hall be returned unopened.
(Ord. 1583, § 1 (part), 1992)
3.23.070 Award of Contract.
Contracts shall be awarded by the City Council to the lowest res pons ible bidder exc ept as otherwise provided in this
chapter.
(Ord. 1583, § 1 (part), 1992)
3.23.080 Forfe iture of Se curity.
If the successful bidder fails to exec ute the c ontract within ten days after the date the notic e of award of contract is
m ailed, unles s the City is res pons ible for the delay, the am ount of the bidder's s ec urity s hall be forfeited to the City except
as provided in Section 3.23.090.
(Ord. 1583, § 1 (part), 1992)
3.23.090 Award of Contract to ne xt Lowe st Bidde r-Failure to Exe cute Contract.
The City Council may, on refus al or failure to the suc c es s ful bidder to execute the c ontrac t within ten days after the date
the notice of award of contract is m ailed, unless the City is res pons ible for the delay, award it to the next lowes t
res pons ible bidder. If the City Council awards the contract to the second lowes t bidder, the amount of the lowest bidder's
security shall be applied by the City to the difference between the low bid and the second lowes t bid, and the s urplus , if
any, shall be returned to the lowest bidder if c ash or a check is us ed, or to the bidder's s urety if a bond is us ed.
(Ord. 1583, § 1 (part), 1992)
3.23.100 Award of Contract to Ne xt Lowe st Bidde r-Lowe st Bidde r Irre sponsible -Notice and He aring.
A. The City Counc il, in its s ole dis c retion, may rejec t the lowest bid upon s pec ific findings that the lowes t bidder is not
res pons ible. To determ ine responsibility, the City Council may c ons ider, among other things, the bidder's financial
res pons ibility, type of licens e, type of equipm ent, num ber of years experienc e in construc tion work, other projec ts bidder
worked on in the last five years, whether bidder has failed to com plete any c ontrac t and bidder's ability to be bonded.
B. If the City Council rejec ts the lowes t bid upon its determination that the lowest bidder is not res pons ible, the City
shall do the following:
1. Give notice of the City Counc il's dec is ion to the lowes t bidder, s etting forth the reas ons why he/s he is not
considered the lowes t "res pons ible" bidder;
2. In the notice, give bidder an opportunity to ask for a pre-award hearing before the City Council on the issue;
3. If hearing is reques ted, agenda the m atter pursuant to California Government Code hearing requirements ;
4. After the hearing, the City Counc il s hall m ake a finding, supported by the evidenc e on the record, as to the
nonres pons ibility of the lowest bidder.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)
3.23.110 Re je ction of Bids-Ide ntical Bids-Abse nce of Bids.
The City Council, in its s ole dis c retion, m ay:
A. Rejec t any bids pres ented and readvertise for new bids ;
B. Rejec t any bid that fails to meet the bidding requirem ents in any res pec t;
C. If two or m ore bids are the s am e and the lowest, the City Council m ay accept the one it choos es ;
D. If no bids are rec eived, the City Council m ay have the projec t done without further c omplying with this c hapter;
E. W aive minor irregularities in any bid received.
(Ord. 1583, § 1 (part), 1992)
3.23.120 Informal Bidding Proce dure for Public Works Proje cts.
Exc ept as otherwise required by this c hapter or under s tate or federal law, the bidding procedures of this chapter may be
dis pens ed with for public works projects with an es timated dollar value equal to or les s than the required dollar value
specified in Subdivis ion (b) of Sec tion 22032 of the Public Contrac t Code, and the following inform al bidding proc edures
substituted:
A. The City shall maintain a list of qualified contrac tors , identified ac c ording to categories of work. Minimum c riteria for
com pilation of the contractor lis t s hall be determined by the California Uniform Construction Cost Accounting Com m is s ion
("Commis s ion"). All contractors on the list for the c ategory of work being bid and/or all c ons truc tion trade journals
specified by the Commis s ion shall be m ailed a notic e inviting informal bids , unless the product or s ervice is proprietary.
B. All m ailing of notic es to contractors and c ons truc tion trade journals s hall be c ompleted not less than the number of
days s pec ified in Sec tion 22304(c ) of the California Public Contract Code, or as m ay be am ended, before the date of
opening the bids .
C. The City Counc il hereby delegates the authority to award c ontrac ts purs uant to inform al bidding to the City Manager
or other pers on designated in writing by the City Manager.
(Ord. 1632, 1993; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 4, 2016)
3.23.130 Exe mpt from Bidding Re quire me nts.
The following are exem pt from c om petitive bidding requirements :
A. Professional Servic es . Inc ludes, but is not res tricted to, s ervic es of lawyers , architects , engineers , land s urveyors ,
artis ts, and ac c ountants ;
B. Maintenance. Includes the m aintenanc e and repair of streets and s ewers , but does not inc lude the furnishing of
m aterials for s uc h maintenanc e;
C. Em ergenc y W ork. If there is a great public calam ity, such as an extraordinary fire, flood, storm, epidemic or other
dis as ter, or if it is nec es s ary to do em ergenc y work to prepare for national or local defens e, the City Counc il m ay pass a
res olution by a four-fifths vote dec laring that the public interest and nec es s ity dem and the imm ediate expenditure of public
m oney to safeguard life, health or property. Upon adoption of the res olution, the City m ay expend any s um required in the
em ergenc y without com plying with this chapter;
D. Sm all Contrac ts. Any contrac t for public works projec ts with an estim ated dollar value equal to or less than the
required dollar value for c ompetitive bidding es tablished by section 22032(a) of the California Public Contrac ts Code;
E. Meaningless Bids. W here the nature of the s ubject of the contract is such that com petitive propos als would not
produc e an advantage and when the advertis ement for com petitive bidding would be undesirable, im practicable or
impossible;
F. Perform anc e of Project After Rejec tion of Bids . After rejection of bids presented, the City Council m ay pass a
res olution by a four-fifths vote dec laring that the project can be perform ed m ore econom ically by day labor or the m aterials
or supplies furnished at a lower price in the open m arket. Upon adoption of the resolution, the City is relieved from further
com plianc e with form al bidding requirements .
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)
3.23.140 Pe rformance Bond of Succe ssful Bidde r.
The City Manager has authority to require a perform anc e bond before entering a contract, in s uc h am ount as the City
Manager finds reas onably nec es s ary to protec t the bes t interes ts of the City or as m ay be required by law. If the City
requires a performance bond, the form and amount of the bond shall be des c ribed in the notice inviting bids.
(Ord. 1583, § 1 (part), 1992)
3.23.150 De posit of Proce e ds.
The cash or proc eeds collec ted purs uant to this chapter s hall be depos ited in the fund out of whic h the expenses of
preparation and printing of the plans and specific ations , es timates of cost and public ation of notic e are paid.
(Ord. 1583, § 1 (part), 1992)
3.23.160 Additional Work by City Authority.
Notwiths tanding the provisions of this c hapter, if the Direc tor of Public W orks determ ines that additional or extra work on
any public works project is required to c omplete the projec t as originally intended, the Director of Public W orks is
authoriz ed to approve contrac t c hange orders for additional or extra work on any public works c ontrac t without com plying
with the bidding requirem ents es tablis hed in this c hapter, provided that eac h individual c ontrac t c hange order does not
exceed the required dollar value for bidding es tablis hed by Section 22032 of the California Public Contract Code; and,
further, that the aggregate total of all s uc h c ontrac t c hange orders for any one public works project does not exc eed the
value of the project contingenc y establis hed for the projec t at the tim e the contract is awarded. Under this s ame authority,
the Direc tor of Public W orks is authorized to approve extensions of tim e to public works c ontracts up to a m axim um of
sixty calendar days .
(Ord. 1900, § 1, 2002)
3.23.170 De le tions of Work by City Authority.
The City res erves the right to delete up to twenty-five perc ent of the work on a public works c ontract where s uc h
deletions would advance the projec t as originally c ontemplated.
(Ord. 1583, § 1 (part), 1992)
CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013
Type Form Category Process Authorization
General Supplies
(Operating or maintenance
supplies and materials,
general meeting expenses,
licenses, subscriptions,
memberships, mileage
reimbursements, tools,
furniture, equipment.)
General Services
(Operating or maintenance
services, recurring
services, essential or
emergency services or
purchases from public
agencies.)
Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract
Up to $45,000 No specific requirements.
Muni Code Sec 3.22.060A
Form authorized by
designated supervisor.
Note: Services of
temporary personnel
authorized by HR Mgr.
$45,001 to
$175,000
Informal competitive
bidding process or RFP.
Code Sec 3.22.060D
Form authorized by
department head. Note:
Services of temporary
personnel authorized by
HR Mgr.
Greater than
$175,000
Formal competitive bidding
or RFP with approval from
the City Manager. Code
Sec 3.22.060B.
Form authorized by
department head.
Contract approved by City
Manager/City Council.
Utility Payments Invoices Summarized and paid by
Finance; copies sent to PW
Supervisor.
Payment authorized by
PW Supervisor (may be
after payment process).
CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013
Type Form Category Process Authorization
Construction Contracts
Contract;
Construction documents
and specifications
approved by Dir. of
Public Works or his
designee
Up to $45,000
No bidding required. Code
Sec 3.23.130D
Contract authorized by
designated supervisor
$45,001 to
$175,000
Informal competitive
bidding process. Code Sec
3.23.120
Contract authorized by
department head.
Greater than
$175,000
Formal competitive bidding
approved by Department
Head. Formal construction
documents approved by Dir.
of Public Works. Code Sec
3.23.030 through 3.23.120
Contract approved by City
Manager/City Council.
Professional Services
(including but not limited
to lawyers, architects,
engineers, land surveyors,
artists and accountants)
Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract
Up to $45,000
No bidding required. Code
Sec 3.22.070D and
3.23.130A
Form authorized by
designated supervisor.
$45,001 to
$175,000
No bidding required. Code
Sec 3.22.070D and
3.23.130A
Form authorized by
department head.
OR from another Public
Agency created under
California or US Gov’t
laws
Greater than
$175,000
No bidding required. Code
Sec 3.22.070D and
3.23.130A
Form authorized by
department head.
Contract approved by City
Manager/City Council.
Expense Reimbursements
and Advance Payment
Petty Cash Voucher (up to
$75); or
Check Request; or
Reimbursement of
Expenses
Any amount See Administrative
Procedure I-12 and
Unrepresented Employees’
Compensation Program
Policy No. 3
Form authorized by
designated supervisor.
Educational
Reimbursements
Request for Educational
Reimbursement of
Expenses
Up to $1,200 per
year
See Administrative
Procedure II-2;
Memorandum of
Understandings with CEA
and OE3
Authorized by Human
Resources and department
head.
G:\Finance\Procedures and Policies\Purchasing Policy Effective 9-1-13.docx
Recipient Committee
Campaign Statement
Cover Page
Government Code Sections 84200-84216.5)
SEE INSTRUCTIONS ON REVERSE
Statement covers period
from 07/01/2016
through 12/31/2016
1. Type of Recipient Committee: All Committees—Complete Parts 1,2,3,and 4.
Officeholder,Candidate Controlled Committee Primarily Formed Ballot Measure
0 State Candidate Election Committee Committee
0 Recall 0 Controlled
Also Complete Part 5) 0 Sponsored
Also Complete Part 6)
General Purpose Committee
xD Sponsored
0 Small Contributor Committee
0 Political Party/Central Committee
Primarily Formed Candidate/
Officeholder Committee
Also Complete Part 7)
3. Committee Information I I.D. NUMBER
1299673
COMMITTEE NAME (OR CANDIDATE'S NAME IF NO COMMITTEE)
CUPERTINO CHAMBER OF COMMERCE PAC
STREET ADDRESS (NO P.O. BOX)
ul l y STATE ZIP CODE AREA CODE/PHONE
MAILING ADDRESS (IF DIFFERENT) NO.AND STREET OR P.O. BOX
CITY STATE ZIP CODE AREA CODE/PHONE
GOVER PAGE
D k-
Date of election if applic i I
Month, Day, Year) FEB 1 v 2017 a e 1 of 12
For Official Use Only
PERTINO CITY CLE K
2. Type of Statement:
Preelection Statement Quarterly Statement
x Semi-annual Statement Special Odd-Year Report
Termination Statement Supplemental Preelection
Also file a Form 410 Termination) Statement-Attach Form 495
x Amendment(Explain below)
UPDATED SCHEDULE D
Treasurer(s)
NAME OF TREASURER
ANDREW WALTERS
MAILING ADDRESS
CITY STATE ZIP CODE AREA CODE/PHONE
NAME OF ASSISTANT TREASURER, IF ANY
MAILING ADDRESS
CITY STATE ZIP CODE AREA CODE/PHONE
OPTIONAL: FAX/E-MAIL ADDRESS
OPTIONAL: FAX/E-MAIL ADDRESS
4. Verification
I have used all reasonable diligence in preparing and reviewing this statement and
Executed on
Date
Executed on
Date
Executed on
Date
By
Signature of Controlling Officeholder,Candidate,State Measure Proponent or Responsible Officer of Sponsor
By
Signature of Controlling Officeholder,Candidate,State Measure Proponent
By
Signature of Controlling Officeholder,Candidate,State Measure Proponent
FPPC Form 460(Jan/2016)
FPPC Advice:advice @fppc.ca.gov(866/275-3772)
www.fppc.ca.gov
Schedule A
Scl-IFnt 11 F A
monetary L;ontrinutions Keceived y — 1-lucu
Statement coversperiodtowholedollars.
from 07/01/2016
SEE INSTRUCTIONS ON REVERSE through 12/31/20169
NAME OF FILER
CUPERTINO CHAMBER OF COMMERCE PAC
CALIFORNIA
FORM
Page4of12
I.D. NUMBER
1299673
DATE FULL NAME,STREET ADDRESS AND ZIP CODE OF CONTRIBUTOR CONTRIBUTOR
IF AN INDIVIDUAL, ENTER AMOUNTCUMULATIVETODATEPERELECTION
RECEIVED IF COMMITTEE,ALSO ENTER I.
D.NUMBER)
CODE *
OCCUPATION AND EMPLOYER RECEIVED THISCALENDARYEARTODATE
IFSELF-EMPLOYED,ENTER NAME PERIODJAN. 1 -DEC.31)IFREQUIRED)
07/01/2016 KEITH WARNER MIND
OF BUSINESS)
MANAGING PARTNER 100.00100.00 10601 M DRIVE PACIFIC WORKPLACES
CUPERTINNOO,, C
A 95104C COM
OTH
PTY
SCC
08/22/2016 SAN JOSE WATER COMPANY IND 1,000.001,000.00 110 W. TAYLOR STREET
COMSANJOSE, CA 95196
x OTH
PTY
SCC
11/02/2016 SAND HILL PROPERTY COMPANY AND AFFILIATED IND 6,906.6625,000.00 ENTITIES
MULTI FAM PROPERTY, LLC, SAME
ADDRESS SCC
11/02/2016 SAND HILL PROPERTY COMPANY AND AFFILIATED IND 5,023.1225,000.00 ENTITIES
RETAIL PROPERTY, LLC, SAME ADDRESS SCC
11/02/2016 SAND HILL PROPERTY COMPANY AND AFFILIATED
IND 650.5325,000.00 ENTITIES
HOTEL PROPERTY, LLC, SAME ADDRESS
SCC
SUBTOTAL$ 13,680.31
Schedule A Summary
1. Amount received this period—itemized monetary contributions.
Include all Schedule A subtotals.)............................................
2. Amount received this period—unitemized monetary contributions of less than$100 .
3. Total monetary contributions received this period.
Add Lines 1 and 2. Enter here and on the Summary Page, Column A, Line 1.)........
26,100.00
0.00
TOTAL $ 26,100.00
Contributor Codes
IND-Individual
COM-Recipient Committee
other than PTY or SCC)
OTH-Other(e.g., business entity)
PTY-Political Party
SCC-Small Contributor Committee
FPPC Form 460(Jan/2016)
FPPC Advice:advice @fppc.ca.gov(8661275-3772)
www.fppc.ca.qov
Schedule A (Continuation Sheet)
RA—w..4..... I7_SCHEDULE A (CONT)
IWw UARy VvlIL!1LJULIV11.E 11C%.C1VCU vlwunwmayoerounueo Statement coversperiod
to whole dollars.CALIFORNIA
1 from 07/01/2016
through 12/31/2016Page5of12
NAME OF FILER
I.D.NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC
1299673
DATE FULL NAME,STREET ADDRESS AND ZIP CODE OF CONTRIBUTOR CONTRIBUTOR
IF AN INDIVIDUAL, ENTER AMOUNTCUMULATIVETODATEPERELECTION
RECEIVED IF COMMITTEE,ALSO ENTER I.
D.NUMBER)
CODE
OCCUPATION AND EMPLOYER RECEIVED THISCALENDARYEARTODATE
IF SELF-EMPLOYED,ENTER NAME
OF BUSINESS)
PERIODJAN. 1 -DEC.31)IFREQUIRED)
11 02/2016 SAND HILL PROPERTY COMPANY AND AFFILIATED I ND 12,419.6925,000.00 ENTITIES
OFFICE PROPERTY, LLC, SAME ADDRESS SCC
IND
COM
OTH
PTY
SCC
IND
COM
OTH
PTY
SCC
IND
COM
OTH
PTY
SCC
IND
COM
OTH
PTY
SCC
SUBTOTAL$ 12,419.69
Contributor Codes
IND–Individual
COM–Recipient Committee
other than PTY or SCC)
OTH–Other(e.g., business entity;
PTY–Political Party
SCC–Small Contributor Committee
FPPC Form 460(Jan/2016)
FPPC Advice:advice @fppc.ca.gov(8661275-3772)
www.fppc.ca.gov
Schedule D
C..r„rN. —. _4 C.. ...I:a.......crruc:n u C n
Amounts may be roundedSupporting/Opposing Other
Statement coversperiod
CALIFORNIA
to whole dollars.
Candidates, Measures and Committees from o7/0l/2016FORM
SEE INSTRUCTIONS ON REVERSE through 12/31/2016Page6of12
NAME OF FILER
I.D. NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC
1299673
DATE
NAME OF CANDIDATE,OFFICE,AND DISTRICT,OR
TYPE OF PAYMENT DESCRIPTIONCUMULATIVETODATEPERELECTION
MEASURE NUMBER OR LETTER AND JURISDICTION,IF REQUIRED)
AMOUNT THISCALENDARYEARTODATE
OR COMMITTEE PERIODJAN.1-DEC.31)IFREQUIRED)
10/31/2016 LIANG CHAO
SCHOOL BOARD MEMBER Monetary
LIT 2,393.696,219.25
CUPERTINO UNION SCHOOL DISTRICT Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
10/31/2016 MEASURE C
CITY OF CUPERTINO Monetary LIT 2,393.6917,695.92
Contribution
x Nonmonetary
Contribution
Independent
Support Oppose Expenditure
10/31/2016 MEASURE D
CITY OF CUPERTINO Monetary
LIT 2,393.692,393.69
Contribution
Nonmonetary
Contribution
Independent
x Support Oppose Expenditure
SUBTOTAL $ 7,181.07
Schedule D Summary
1. Contributions and independent expenditures made this period of$100 or more. (Include all Schedule D subtotals.)......................
2. Unitemized contributions and independent expenditures made this period of under$100............................................................
3. Total contributions and independent expenditures made this period. (Add Lines 1 and 2. Do not enter on the Summary Page.) ....
34,921.81
0.00
TOTAL $ 34,921.81
www.netfile.com FPPC Form 460(Jan/2016)
FPPC Advice:advice @fppc.ca.gov(866/275-3772)
www.fppc.ca.gov
Schedule D
Continuation Sheet)
Summary of Expenditures
Supporting/Opposing Other
Candidates, Measures and Committees
SCHEDULED(CONT.)
Amounts may be rounded Statement covers period
to whole dollars. CALIFORNIA
from 07/01/2016
www.neffile.com
SUBTOTAL $ 14,396.60
FPPCForm460(Jan/2016)
FPPCAdvice:advice@fppc.ca.gov(866/275-3772)
www.fppc.ca.qov
through 12/31/2016Pa712ePageof
NAME OF FILER
I.D.NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC
1299673
DATE
NAME OF CANDIDATE,OFFICE,AND DISTRICT,OR
MEASURE NUMBER OR LETTER AND JURISDICTION,TYPE OF PAYMENT DESCRIPTION AMOUNT THIS
CUMULATIVETODATE
CALENDARYEAR
PERELECTION
OR COMMITTEE
IF REQUIRED)PERIODJAN.1-DEC.31)
TODATE
IFREQUIRED)
10/31/2016 STEVEN SCHARF
City Council Member Monetary
LIT 2 393 696219.25
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
10/31/2016 MEASURE B
COUNTY OF SANTA CLARA Monetary
LIT 2,393.702,393.70
Contribution
Nonmonetary
Contribution
x Independent
Support Oppose Expenditure
11/01/2016 LIANG CHAO
SCHOOL BOARD MEMBER Monetary
LIT 1,921.846,219.25
CUPERTINO UNION SCHOOL DISTRICT Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
11/01/2016 MEASURE C
CITY OF CUPERTINO Monetary
LIT 7,687.3717,695.92
Contribution
Nonmonetary
Contribution
Independent
Support x Oppose Expenditure
www.neffile.com
SUBTOTAL $ 14,396.60
FPPC Form 460(Jan/2016)
FPPC Advice:advice @fppc.ca.gov(866/275-3772)
www.fppc.ca.qov
Schedule D
Continuation Sheet)
Summary of Expenditures
Supporting/Opposing Other
Candidates, Measures and Committees
SCHEDULED(CONY.)
Amounts may be rounded Statement covers period
to whole dollars. CALIFORNIA
from 07/01/2016
through 12/31/2016Pageg12gof
NAME OF FILER
I.D.NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC
1299673
DATE
NAME OF CANDIDATE,OFFICE,AND DISTRICT,OR
MEASURE NUMBER OR LETTER AND JURISDICTION,
TYPE OF PAYMENT DESCRIPTION AMOUNT THIS
CUMULATIVETODATE
CALENDARYEAR
PERELECTION
OR COMMITTEE
IF REQUIRED)PERIODJAN.1-DEC.31)
TODATE
IFREQUIRED)
11/01/2016 STEVEN SCHARF
City Council Member E] Monetary
LIT 192184, .6,219.25
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
11/03/2016 LIANG CHAO
SCHOOL BOARD MEMBER Monetary
LIT 1,903.726,219.25
CUPERTINO UNION SCHOOL DISTRICT Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
11/03/2016 MEASURE C
CITY OF CUPERTINO E] Monetary
LIT 7,614.8617,695.92
Contribution
x Nonmonetary
Contribution
Independent
Support x Oppose Expenditure
11/03/2016 STEVEN SCHARF
City Council Member Monetary
LIT 1,903.726,219.25
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
Independent
Support x Oppose Expenditure
www.neffile.com
SUBTOTAL $ 13,344.1
FPPC Form 460(Jan/2016)
FPPC Advice:advice@fppc.ca.gov(866/275-3772)
www.fppc.ca.qov
Recipient Committee
COVERPAGE
Campaign Statement n
a ta P
1
Cover Page
Govemment Code Sections 84200-84216.
Statement covers period Date of election if appiic bl . ' 3 t 1 af 13
l0/21/2018
Monfh, Day,Year)
from For Official Use Only
SEE INSTRUCTIONS ON REVERSE through 12/31/2018
1. Type of Recipient Committee: an comrn ttees-cor p ete Parts,2,3,a a a. 2. Type of Statement:
Officeholder,Candidate Controlled Committee Primarily Formed Ballot Measure Preelection Statement Quarterly Statement
Q State Candidate Election Committee Committee x Semi-annual Statement
Q Recall Controlled
Special Odd-Year Report
AlsoCompletePa tSJ
TerminationStatement SupplementalPreelection
Q Sponsored Also file a Form 410 Termination) Statemenf-Aftach Form 495
Also Complete Parf 6)
x General Purpose Committee Amendment(Explain below)
Q Sponsored Primarily Formed Candidate/
Q Small Contributor Committee Officeholder Committee
Political Parly/Central Committee
AlsoCompletePart7)
3. Committee Information
I.D. NUMBER
Treasurer(s)
1259673
COMMITTEE NAME(OR CANDIDATE'S NAME IF NO COMMITTcE) NAME OF TREASURER
CUPERTINO CHAMBER OF COMMERCE PAC
RICHARD ABDAT.AH
MAILING ADDRESS
SAMUEL HARVEY
MAILING ADDRESS(IF DIFFEREN NO.AND STREET OR P.O. BOX MAILING ADDRESS
OPTIONAL: FAX/E-MAIL ADDRESS OPTIONAL: FAX J E-MAIL ADDRESS
4. Verification
I have used all reasonable diligence in preparing and reviewing this statemenf and to the best of my knowledge fhe information co tained herein and in the aftached schedules is true and complete. I certify
under penaliy of perjury under the lawsQ f the State of California that the foregoing is frue and correct.
Executed on ` j ( ` ! gy
Executed on gy
ate Signahire of Controlling Officeholder,Candidate,Siate Measure Proponentor Responsible Officer oFSponsor
Executed on gy
Signature of Controlling Officeholder,Candidate,State Measure Pmponent
Executed on gy
SignawreofCormo ingOfficehdder,Candidate,SiateMeasureProponerrt
FPPC FOmt 460(Jan/2016)
FPPC Advice:advice@fppc.ca.gov(866/275-3772)
www.ne le.com
www_tPPc_ca.yov
Schedule D
Summary of Expenditures Statement covers period
SCHEDULE D
SU OI"tltl 0 OSltl Other Amounts may be rounded
Pp 9 Pp g to whoie dollars.
from l0/21/2018
Candidates, IVleasures and Corrimittees
SEEINSTRUCTIONS ON REVERSE through 12/31/2018 page 5 of 13
NAME OF FILER I.D.NUMBER
CIIPERTINO CHAMBER OF COMMERCE PAC 1299673
NAME OF CANDIDATE,OFFICE,AND DISTRICT,OR DESCRIPTION
CUMULATIVE TO DATE PER ELECTION
A
MEASURE NUMBER OR LETTER AND JURISDICTION,
TYPE OF PAYMENT
IF REQUIRED)
AMOUNT THIS CALENDAR YEAR TO DATE
OR COMMITTEE
PERIOD JAN_'I-DEC.31) IFREQUIRED)
10/26/2018 AIING WEI IND OF CANVASSING 7,222_23 29,870_00
City Council Member Monetary
CITY OF CUPERTINO Confribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
10/26/2018 HUNG WEI
Monefary
IND OF CNS l,lll.11 29,870.00
City Council Member
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
Independent
X Support Oppose Expenditure
10/26/2018 HUNG WEI IND OF WEB l,lll_11 29,870.00
city council Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribution
Q Independent
Support Oppose Expenditure
SUBTOTAL $ 5,444_45 ,i'' i', " ' , ,
Schedule D Summary
1. Contributions and independent expenditures made this period of$100 or more_ (Include all Schedule D subtotals.)........................................... $ 29.610_36
2. Unitemized contributions and independent expenditures made this period of under$100................................................................................. $ o.00
3. Total contributions and independent expenditures made this period. (Add Lines 1 and 2. Do not enter on the Summary Page.)............. TOTAL $ 29.610_36
FPPC Form 460(Jan/2016}wwW_ne le.com
FPPC Advice:advice@fppc.ca.gov(866/275-3772)
www.fppc.ca.gov
Schedule D
Continuation Sheet)scHEou corvr.
Summary of E cpenditures Amounts may be ounded Statement covers period
U OPtlfl /0 OSIII ot 1@t'
towholedollars. a '
pp J pp 9 tror o Z Zola
Candidates, Measures and Committees
through 12/31/2018 page 6 of 13
NAME OF FILER I_D.NUMBER
CIIPERTINO CHAMBER OF COMMERCE PAC 1299673
NAME OF CANDIDATE,OFFICE,AND DISTRICT,OR DESCRIPTION
CUMULATIVE TO DATE PER ELECTION
DATE TYPE OF PAYMENT AMOUNT THIS
MEASURE NUMBER OR LETTER AND JURISDfCTION,CALENDAR YEAR TO DATE
OR COMMIITEE
IF REQUIRED) pER1OD JAN.1-DEC.31) IF REQUIRED)
10/26/2018 HUNG WEI IND OF I,IT 425_67 29,870.00
city council Member Monetary
CITY" Or CUPERTINO Contribution
Nonmonetary
Coniribution
Independent
Support Oppose Expenditure
10/26/2018 ORRIN MAHONEY
Monefary
IND OF CANVASSING 7,222.23 29,870.00
City Council Member
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
0 Independent
Support Oppose F penditure
10/26/2018 ORRIN MAHONEY
Moneta
IND OF CNS 1,111.11 29,870.00
City Council Member rY
CITY OE CUPERTINO Contribution
Nonmonetary
Contribution
Independenf
Support Oppose Expenditure
10/26/2018 ORRIN MAHONEY IND OF WEB 1,111.11 29,870_00
City Council Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribufion
Independent
x Support Oppose Expenditure
i i,i
Sl1BTOTAL y 9 87_7_2 ili Ih I +i III li I I il l i
i j lu I I r hl i l''
ilih
h i'lu i llii l i '
i
www.netfile.com
FPPC Form 460(Jan/2016)
FPPC Advice:advice@fppc.ca.gov(866/275-3TT2)
www.fppc.ca.gov
Schedule D
Continuation Sheet)SCHEDULED(CONT_)
Summary of Expenditures Amountsmayberounded Statementcoversperiod
Su ortin /O osin Other
towholedollars.
Pp 9 PP 9 from o z zo s
Candidates, Measures and Committees
through 12/31/2018 page of 13
NAME OF FILER I.D.NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC 1299673
DATE
NAME OF CANDIDATE,OFFICE,AND DISTRICT,OR
ypE OF PAYMENT DESCRIPTION AMOUNT THIS
CUMULATIVE TO DATE PER ELECTION
MEASURE NUMBER OR LETTER AND JURISDICTION,IF REQUIRED)
CALENDAR YEAR TO DATE
ORCOMMITTEE
PERIOD JAN.1-DEC.31) IFREQUIRED)
10/26/2018 ORRIN MAHONEY IND OF I,IT 425.67 29,870_00
City Council Member Monetary
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
0 Independent
Ox Support Oppose Expenditure
10/26/2018 SAVITA VAIDHYANATH.AN IND OF CANVP_SSING 7,222.23 29,870_00
c ty councii Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribution
x Independent
x Support Oppose Expenditure
10/26/2018 SAVITA VAIDHYANATHAN IND OF CNS 1,111_11 29,870.00
city council Merober Monetary
CITY oF CUPERTINO Contribution
Nonmonetary
Contribution
Independent
Support Oppose 6cpenditure
10/26/2018 SAVITA VAIDHYANATAAN IND OF WEB 1,111_11 29,870_00
City Council Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
i ull iil ; I i i i , il',iiiiii
SUBTOTAL W 9 i 87 0_ZZ I I i I I i
Iiliill
illP illl lill4ll
l
1 wil 11III I I ill V II I I
I
i lil
I.;'ill il i'i i i i il Iml i n I
www.netfile.cOm
FPPC Form 460(Jan/2016)
FPPC Advice:advice@tppc.ca.gov(866/275-3772)
www.fppc.ca.gov
Schedule D
Continuation Sheet)scHEou corvr.
Summary of Expenditures Amounts may be rounded Statementcovers period
Su ortin /O osin Other
towholedollars. fpp9PP9from1oZiZois
Candidates, Measures and Committees
through 12/31/2o1s page $ of 13
NAME OF FILER I.D.NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC 1299673
pA-
NAME OF CANDIDATE,OFFICE,AND DISTRICT,OR
ypE OF PAYMENT DESCRIPTION AMOUNT THIS
CUMULATIVE TO DATE PER ELECTION
CALENDAR YEAR TO DATEMEASURENUMBERORLETTERANDJURISDICTION,IF REQUIRED) PERIOD JAN.1-DEC.31) IF REQUIRED)
OR COMMITTEE
10/26/2018 SAVITA VAIDHYANATHAN IND OF LIT 425_67 29,870_00
City Council Member Monetary
CITY OE CUPERTINO Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
Monetary
Contribution
Nonmonetary
Contribution
independent
Support Oppose Expenditure
Monetary
Contribution
Nonmonetary
Confribufion
Independent
Support Oppose Expenditure
Monetary
Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
i l q i i i ,ii
SUBTOTAI .$ 425.67 I ji liil
ijl'I I 'li'ill i
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www_netfile.com
FPPC Form 460(Jan/2016)
FPPC Advice:advice@fppc.ca.gov(866/275-3772)
www.fppc_ca.gov
efile GRAPHIC rint -DO NOT PROCESS As Filed Data -DLN:93493318137849
Form990
Return of Organization Exempt From Income Tax OMB No 1545-0047
~ Under section 501(c), 527, or 4947(a)(l) of the Internal Revenue Code (except private foundations)
~ Do not enter social security numbers on this form as It may be made public
2018
Dc"IKli1I11C'llt of the"
Trt>a"uf\ ~ Go to www.irs.qov/Form990 for instructions and the latest information. Open to Public
Inspection
A Forthe2019cra~le~n~d~a~r~~~~~~~~~~~~0~1~-~0~1~-~20~1~8~~a~n~d~e~n~d~i~~1~2~-3~1-~2~0~1~8~ __ ~r-__________________________ __
C Name of organization B Check If applicable
D Address change
D Name change
D Initial return
CUPERTINO CHAMBER OF COMMERCE
DOing business as
D Employer Identification number
94-1501489
D Final return/terminated
D Amended return 1---:7""---.,.----.,......,---,-..,.----:::-::::--;----,------.,.-----.,.--;-.,-----.,..,-----,---.,----,-,----:-r-;:---.,----,-,te---------E Telephone number
D Application pe
City or town, state or proVince, country, and ZIP or foreign postal code
CUPERTINO, CA 95014
F Name and address of principal officer
ANDREW WALTERS
110 W TAYLOR STREET
SAN JOSE CA 95110
I Tax-exempt status 0 501(c)(3) ~ 501(c) ( 6 ) <II (Insert no) 0 4947(a)(1) or 0 527
J Website: ~ WWW CUPERTINO-CHAMBER ORG
K Form of organization ~ Corporation 0 Trust 0 Association 0 Other ~
1 Briefly describe the organization's mission or most significant activities
(408) 252-7054
G Gross receipts $ 381,760
H(a) Is this a group return for
subordinates?
H(b) Are all subordinates
Included?
OYes ~No
OYes ONo
If "No," attach a list (see instructions)
H(c) Group exemption number ~
L Year of formation 1954 M State of legal domicile CA
TO PROVIDE AND PROMOTE AN ACTIVE, REWARDING, PROFITABLE EXPERIENCE FOR OUR BUSINESS MEMBERS
~
~
(j;
:-". c:
2 Check this box ~ 0 If the organization discontinued ItS operations or disposed of more than 25% of ItS net a
3 Number of voting members of the governing body (Part VI, line la)
4 Number of Independent voting members of the governing body (Part VI, line lb)
5 Total number of individuals employed In calendar year 2018 (Part V, line 2a)
6 Total number of volunteers (estimate If necessary)
7a Total unrelated business revenue from Part VIII, column (C), line 12
b Net unrelated business taxable Income from Form 990-T, line 34
8
9
10
11
12
13
14
Contributions and grants (Part VIII, line lh)
Program service revenue (Part VIII, line 2g)
Investment Income (Part VIII, column (A), lines 3, 4, and 7d )
Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and lle)
Total revenue-add lines 8 through 11 (must equal Part VIII, column (A), line 12)
Grants and Similar amounts paid (Part IX, column (A), lines 1-3) •
Benefits paid to or for members (Part IX, column (A), line 4) •
15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10)
16a Professional fundralslng fees (Part IX, column (A), line 11e)
b Total fundralslng expenses (part IX, column (D), line 25) ~_O __________________ _
17 Other expenses (Part IX, column (A), lines 11a-11d, l1f-24e)
18 Total expenses Add lines 13-17 (must equal Part IX, column (A), line 25)
19 Revenue less expenses Subtract line 18 from line 12 •
Total assets (Part X, line 16) •
Total liabilities (Part X, line 26)
21
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my
knowledge and belief, It IS true, correct, and complete Declaration of preparer (other than officer) IS based on all information of which preparer has
any knowledge
~ .. *,** 2019-11-14
Sign Signature of officer Date
Here ~ANDREW WALTERS PRESIDENT
Type or print name and title
Print/Type preparer's name I Preparer's signature I Date o I PTIN 2019-11-14 Check If P01568974
Paid self-employed
Preparer Firm's name ~ WHEELER ACCOUNTANTS LLP Firm's EIN ~ 26-1508234
Use Only Firm's address ~ 1475 SARATOGA AVE STE 100 Phone no (408) 252-1800
SAN JOSE, CA 951294951
May the IRS discuss this return with the preparer shown above? (see instructions) OYes ONo
For Paperwork Reduction Act Notice, see the separate instructions. Cat No 11282Y Form 990 (2018)
Schedule G (Form 990 or 990-EZ) 2018 Page 2 'M'" Fundraising Events. Complete If the organization answered "Yes" on Form 990, Part IV, line 18, or reported more
than $15,000 of fundralslng event contributions and gross Income on Form 990-EZ, lines 1 and 6b. List events with
gross receipts greater than $5,000.
(a)Event #1 (b) Event #2 (e)Other events (d)
Total events
OIWALI FESTIVAL LUNAR NEW YEAR 5 (add col (a) through
(event type) (event type) (total number) col (e»)
Q)
;/
~ :::-
Q) 1 Gross receipts. 112,400 23,800 58,486 194,686 a:
2 Less Contributions.
3 Gross Income (line 1 minus
line 2) 112,400 23,800 58,486 194,686
4 Cash prizes
5 Noncash prizes
!J)
<1.' 6 Rent/facility costs Ul
C
<1.' 7 Cl.. Food and beverages
dS
U 8 Entertainment
<]) -9 Other direct expenses £5 39,295 10,076 27,234 76,605
10 Direct expense summary Add lines 4 through 9 In column (d) ~ 76,605
11 Net Income summary Subtract line 10 from line 3, column (d) ~ 118,081
• :1':1 i.". Gaming. Complete If the organization answered "Yes" on Form 990, Part IV, line 19, or reported more than $15,000
on Form 990-EZ line 6a ,
Q) (b) Pull tabs/Instant (d) Total gaming (add 2 (a) Bingo bingo/progressive bingo (e) Other gaming col (a) through col (e»
Q)
:::-
Q) a: 1 Gross revenue
!J)
<1.' 2 Cash prizes Ul
C
<1.'
Cl.. 3 Noncash prizes dS
U 4 Rent/facility costs <]) -£5 Other direct expenses 5
D Yes % D Yes % D Yes % -------------------------------------------------------------
6 Volunteer labor D No D No D No
7 Direct expense summary Add lines 2 through 5 In column (d) ~
8 Net gaming Income summary Subtract line 7 from line 1, column (d). ~
9 Enter the state(s) In which the organization conducts gaming activities _________________________ _
a Is the organization licensed to conduct gaming activities In each of these states 7
b If "No," explain
DYes DNo
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________ J
lOa Were any of the organization's gaming licenses revoked, suspended or terminated dUring the tax year7
b If "Yes," explain
DYes DNo
______________________________________________________________________________________________________________________________________________________________________________________________________________________________ .1
Schedule G Form 990 or 990-EZ 2018
990 Schedule 0, Supplemental Information
Return Explanation
Reference
FORM 990, EACH REGULAR MEMBER IS ENTITLED TO ONE VOTE ON EACH MATTER SUBMITTED TO A VOTE OF THE MEMBERS
PAGE 6,
PART VI,
LINE 7B
990 Schedule 0, Supplemental Information
Return Explanation
Reference
FORM 990, MEMBERS, OFFICERS, AND DIRECTORS ARE REQUIRED TO EXERCISE THE DUTY OF CARE AND LOYALTY
PAGE 6,
PART VI,
LlNE12C
efile GRAPHIC rint -DO NOT PROCESS As Filed Data -
SCHEDULE R
(Form 990)
Dc"IKli1I11C'llt oftht:" Trt>J"uf\
Intc:m~li Re\ ellUt:" "en ICC:
Related Organizations and Unrelated Partnerships
~ Complete if the organization answered "Yes" on Form 990, Part IV, line 33, 34, 35b, 36, or 37.
~ Attach to Form 990.
~ Go to www.irs.qov/Form990 for instructions and the latest information.
DLN:93493318137849
OMB No 1545-0047
2018
Open to Public
Ins ection
Name of the organization
CUPERTINO CHAMBER OF COMMERCE
Employer identification number
94-1501489
I@'. Identification of Disregarded Entities Complete If the organization answered "Yes" on Form 990, Part IV, line 33.
(a) (b)
Name, address, and EIN (If applicable) of disregarded entity Pnmaryactlvlty
(e)
Legal domicile (state
or foreign country)
(d)
Total Income
(e)
End-of-year assets
(f)
Direct controlling
entity
~"'IiI". Identification of Related Tax-Exempt Organizations Complete If the organization answered "Yes" on Form 990, Part IV, line 34 because It had one or more
related tax-exempt organizations dUring the tax year.
(a) (b) (e) (d) (e) (f) (g)
Name, address, and EIN of related organization Pnmaryactlvlty Legal domicile (state Exempt Code section Public chanty status Direct controlling Section 512(b)
or foreign country) (If section 501(c)(3)) entity (13) controlled
entlty7
Yes No
(l)CUPERTINO CHAMBER PAC PAC CA 527 No
20455 SILVERADO AVE
N/A
CUPERTINO, CA 95014
26-0482223
For Pa erwork Reduction Act Notice see the Instructions for Form 990. Cat No 50135Y Schedule R Form 990 2018
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
GALENA WEST
Chief of Enforcement
THERESA GILBERTSON
Senior Commission Counsel
Fair Political Practices Commission
1102 Q Street, Suite 3000
Sacramento, CA 95811
Telephone: (916) 323-6421
Email: tgilbertson@fppc.ca.gov
Attorneys for Complainant
Enforcement Division of the Fair Political Practices Commission
BEFORE THE FAIR POLITICAL PRACTICES COMMISSION
STATE OF CALIFORNIA
In the Matter of:
CUPERTINO CHAMBER PAC and
ANDREW WALTERS,
Respondents.
FPPC Case No. 2016-20089
STIPULATION, DECISION AND ORDER
INTRODUCTION
Cupertino Chamber PAC (“Committee”) is a city general purpose committee. At relevant times,
Andrew Walters (“Walters”) served as the treasurer. The Committee and Walters violated the Political
Reform Act (the “Act”)1 by failing to timely file two 24-hour independent expenditure reports and two 24-
hour contribution reports.
SUMMARY OF THE LAW
The Act and its regulations are amended from time to time. The violations in this case occurred in
2016. For this reason, all legal references and discussions of law pertain to the Act’s provisions as they
existed at that time—unless otherwise noted.
//
1 The Political Reform Act—sometimes simply referred to as the Act—is contained in Government Code sections
81000 through 91014. All statutory references are to this code. The regulations of the Fair Political Practices Commission are
contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to
this source.
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
Need for Liberal Construction and Vigorous Enforcement of the Political Reform Act
When enacting the Political Reform Act, the people of California found and declared that previous
laws regulating political practices suffered from inadequate enforcement by state and local authorities.2
Thus, it was decreed that the Act “should be liberally construed to accomplish its purposes.”3
One purpose of the Act is to promote transparency by ensuring that receipts and expenditures in
election campaigns are fully and truthfully disclosed so that voters are fully informed and improper
practices are inhibited.4 Along these lines, the Act includes a comprehensive campaign reporting system.5
Another purpose of the Act is to provide adequate enforcement mechanisms so that the Act will be
“vigorously enforced.”6
24-Hour Contribution Reports
Each committee that makes or receives a late contribution shall report the late contribution within
24-hours of making or receiving the contribution.7 A late contribution means a contribution, including a
loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a
candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a
candidate or measure during the 90-day period preceding the date of the election, or on the date of the
election, at which the candidate or measure is to be voted on.8
For the November 8, 2016 General Election, the 90-day reporting period started on August 10,
2016. Whenever the deadline falls on a Saturday, Sunday, or official state holiday, the filing deadline for
a statement shall be extended to the next regular business day.9
24-Hour Independent Expenditure Reports
Each committee that makes or receives a late independent expenditure shall report the late
independent expenditure within 24-hours of making or receiving the independent expenditure.10 A late
independent expenditure means an independent expenditure that totals in the aggregate one thousand
2 Section 81001, subdivision (h).
3 Section 81003.
4 Section 81002, subdivision (a).
5 Sections 84200, et seq.
6 Section 81002, subdivision (f).
7 Section 84203.
8 Section 82036.
9 Regulation 18116, subdivision (a).
10 Section 84204.
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election
during the 90-day period preceding the date of the election or on the date of the election.11
For the November 8, 2016 General Election, the 90-day reporting period started on August 10,
2016. Whenever the deadline falls on a Saturday, Sunday, or official state holiday, the filing deadline for
a statement shall be extended to the next regular business day.12
Joint and Several Liability
Every committee must have a treasurer.13 Under the Act, it is the duty of the treasurer of a
controlled committee to ensure that the committee complies with all the requirements of the Act concerning
the receipt, expenditure, and reporting of funds.14 The treasurer may be held jointly and severally liable,
along with the committee, for violations committed by the committee.15
SUMMARY OF THE FACTS
The Committee has been a general purpose committee since 2007 and is sponsored by the Cupertino
Chamber of Commerce. During the November 8, 2016 General Election, the Committee was responsible
for producing three mass mailings in the last nine days before the election. Specifically, the Committee
distributed mailings on October 31, 2016, November 1, 2016, and November 3, 2016 and spent
approximately $34,921. The three mailings each featured communications advocating for the support or
opposition of candidates, city measures, and a county measure.
The three mailings advocated opposing the candidacy of Steven Scharf, a candidate running for
Cupertino City Council. The three mailings advocated opposing the candidacy of Liang Chao, a candidate
running for Cupertino Union School District. The first mailer also advocated supporting Measure B, a
county measure to authorize a countywide sales tax in Santa Clara County for transportation needs. Steven
Scharf and Liang Chao were successful candidates. Measure B passed.
This financial activity was reported by the Committee as independent expenditures on a 24-hour
independent expenditure report. The report was faxed to the City of Cupertino on Friday, November 4,
2016 at 7:44pm, as the City Clerk at the time did not yet accept electronic filings in 2016. The City Clerk,
11 Section 82036.5.
12 Regulation 18116, subdivision (a).
13 84100.
14 Sections 81004, 84100, 84213, and Regulation 18427.
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
as per internal policy for receiving documents after business hours, marked the report as filed on the next
business day, Monday, November 7, 2016.
Date of IE Pro Rata
Share/
Amount
In support of (S)/
In opposition of (O)
Due Filed by
Fax
Mailer 1
10/31/16
Total:
$7,179
$2,393
$2,393
$2,393
City Council candidate, Steven Scharf (O)
Cupertino Unified School District candidate,
Liang Chao (O)
County Measure B (S)
11/1/16
11/4/16
Mailers 2
11/1/16
Total:
3,842
$1,921
$1,921
City Council candidate, Steven Scharf (O)
Cupertino Unified School District candidate,
Liang Chao (O)
11/2/16
11/4/16
Mailer 3
11/3/16
Total:
$3,806
$1,903
$1,903
City Council candidate, Steven Scharf (O)
Cupertino Unified School District candidate,
Liang Chao (O)
11/4/16
11/4/16
The same three mailings also advocated opposing city Measure C and supporting city Measure D.
This activity was reported as nonmonetary contributions to the primarily formed committee, No on C and
Yes on D – Cupertino Neighbors, Educators, and the Cupertino Chamber of Commerce for the Sensible
and Sustainable Revitalization of Vallco, with major funding by Sand Hill Property Company and Vallco
Property Owner LLC. Measure C and Measure D were competing measures and related to development
standards and the disposition of the Vallco Shopping District, owned by the Sand Hill Property Company.
Both measures failed.
This activity was reported by the Committee as a non-monetary contribution on a 24-hour
contribution report. The report was faxed to the City of Cupertino on Friday, November 4, 2016 at 7:44pm.
The City Clerk, as per their internal policy for receiving documents after business hours, marked the report
as filed on the next business day, Monday, November 7, 2016.
//
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
Date of
Non-Mon
Pro Rata
Share/
Amount
In support of (S)/
In opposition of (O)
Due Filed by
Fax
Mailer 1
10/31/16
$4,787
City Measure C (O)
City Measure D (S)
Non-Mon to No on C and Yes on D (ID
#1383796)
11/1/16 11/4/16
Mailer 2
11/1/16
$7,687
City Measure C (O)
City Measure D (S)
Non-Mon to No on C and Yes on D (ID
#1383796)
11/2/16 11/4/16
Mailer 3
11/3/16
$7,614
City Measure C (O)
City Measure D (S)
Non-Mon to No on C and Yes on D (ID
#1383796)
11/4/16 11/4/16
The Committee filed 24-hour reports prior to the election. As the Committee’s only reportable
activity for 2016 occurred in the last 16-days prior to the election, no pre-election statements were required
for the November 8, 2016 General Election. As a result, the Committee’s activity was not disclosed to the
public until the day before the election, including the fact that the Sand Hill Property Company contributed
$25,000 after the mailers were ordered and distributed and that this amount constituted about 94% of the
Committee’s contributions in 2016. The Committee therefore sent the mailers without needing to disclose
on the mailers that the developer had provided substantial funding for the mailers.
VIOLATIONS
Count 1: Failure to Timely File 24-Hour Independent Expenditure Reports
The Committee and Walters failed to timely file two 24-hour independent expenditure reports to
disclose independent expenditures totaling approximately $4,787 due November 1, 2016 and $7,687 due
November 2, 2016 in violation of Section 84204.
Count 2: Failure to Timely File 24-Hour Contribution Reports
The Committee and Walters failed to timely file two 24-hour contribution reports to disclose
contributions totaling approximately $7,179 due November 1, 2016 and $3,842 due November 2, 2016 in
violation of Section 84203.
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
PROPOSED PENALTY
This matter consists of two counts. The maximum penalty that may be imposed is $5,000 per count.
Thus, the maximum penalty that may be imposed is $10,000.16
In determining the appropriate penalty for a particular violation of the Act, the Commission
considers the facts of the case, the public harm involved, and the purposes of the Act. Also, the Commission
considers factors such as: (a) the seriousness of the violation; (b) the presence or absence of any intention
to conceal, deceive or mislead; (c) whether the violation was deliberate, negligent or inadvertent; (d)
whether the violation was isolated or part of a pattern; (e) whether corrective amendments voluntarily were
filed to provide full disclosure; and (f) whether the violator has a prior record of violations.17
Failure to timely file 24-hour contribution and independent expenditure reports can cause serious
harm, as it deprives the public of timely disclosure of the Committee’s actions before an election. It is
particularly egregious when the disclosure is required during the last 16-days before the election, as it is
the only means of disclosure regarding late, potentially impactful advocacy just before votes are cast. The
Committee sent out advertisements without having the cash on hand to pay for them and the interested
party, Sand Hill Property Company, paid for a portion of the advertisements when it was too late to change
the disclosure on the mailings. In mitigation, the Committee and Walters, have no prior enforcement history
and Sand Hill Property Company was properly reported as a contributor on the 24-hour reports that were
filed by fax on November 4, 2016. The required campaign statements were filed prior to the election.
However, the Committee failed to include the required phrase “Paid for by” and did not include the exact
name of the committee listed on the statement of organization on two of the three mailers. The return
address for the mailers did list “Cupertino Chamber PAC” or “Cupertino Chamber of Commerce PAC.”
This is not being pursued as a separate charge in consideration for this stipulated agreement but is
considered an aggravating factor.
Additionally, the Commission considers penalties in prior cases with comparable violations. A
recent similar case respect to Counts 1 and 2 is: In the Matter of Tracy Firefighters Association PAC, Eric
Oliveri, Carlos Hampton, Scott Byers, and Justin Lagasa, FPPC Case No. 16/757. The respondents were
16 See Section 83116, subd. (c).
17 Regulation 18361.5, subd. (d).
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
a sponsored city general purpose committee and failed to timely file four 24-hour contribution reports for
six late contributions totaling $11,914. On December 19, 2019, the Commission imposed a penalty of
$2,500.
Here, the Committee failed to timely file two 24-hour contribution reports disclosing a total of
$12,474 and two 24-hour independent expenditures reports disclosing a total of $11,021. In mitigation, the
two late filed reports were filed prior to the election, albeit after regular business hours on Friday. However,
the untimely disclosure led to limited public notice that the mailers were supported by Sand Hill, a
developer that would be impacted by the passing or failing of Measures C or D. Therefore, a penalty of
$2,500 for Counts 1 and 2 is justified.
After considering the factors listed in Regulation 18361.5, prior similar cases, and other relevant
facts, a penalty of $5,000 is recommended against the Committee and Walters.
CONCLUSION
Complainant, the Enforcement Division of the Fair Political Practices Commission, and
Respondent Cupertino Chamber PAC and Andrew Walters, hereby agree as follows:
1. Respondents violated the Act as described in the foregoing pages, which are a true and
accurate summary of the facts in this matter.
2. This stipulation will be submitted for consideration by the Fair Political Practices
Commission at its next regularly scheduled meeting—or as soon thereafter as the matter may be heard.
3. This stipulation resolves all factual and legal issues raised in this matter—for the purpose
of reaching a final disposition without the necessity of holding an administrative hearing to determine the
liability of Respondents pursuant to Section 83116.
4. Respondents have consulted with their attorney, Jim Sutton of the Sutton Law Firm, and
understand, and hereby knowingly and voluntarily waive, all procedural rights set forth in Sections
83115.5, 11503, 11523, and Regulations 18361.1 through 18361.9. This includes, but is not limited to the
right to appear personally at any administrative hearing held in this matter, to be represented by an attorney
at Respondents’ own expense, to confront and cross-examine all witnesses testifying at the hearing, to
subpoena witnesses to testify at the hearing, to have an impartial administrative law judge preside over the
hearing as a hearing officer, and to have the matter judicially reviewed.
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
5. Respondents agree to the issuance of the decision and order set forth below. Also,
Respondents agree to the Commission imposing against them an administrative penalty in the amount of
$5,000. One or more payments totaling said amount—to be paid to the General Fund of the State of
California—is/are submitted with this stipulation as full payment of the administrative penalty described
above, and same shall be held by the State of California until the Commission issues its decision and order
regarding this matter.
6. If the Commission refuses to approve this stipulation—then this stipulation shall become null and
void, and within fifteen business days after the Commission meeting at which the stipulation is rejected,
all payments tendered by Respondents in connection with this stipulation shall be reimbursed to
Respondents. If this stipulation is not approved by the Commission, and if a full evidentiary hearing before
the Commission becomes necessary, neither any member of the Commission, nor the Executive Director,
shall be disqualified because of prior consideration of this Stipulation.
7. The parties to this agreement may execute their respective signature pages separately. A
copy of any party’s executed signature page, including a hardcopy of a signature page transmitted via fax
or as a PDF email attachment, is as effective and binding as the original.
Dated: _______________________ ________________________________________
Galena West, Chief of Enforcement
Fair Political Practices Commission
Dated: _______________________
________________________________________
Andrew Walters,
Individually and on behalf of the Cupertino Chamber
PAC
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STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
The foregoing stipulation of the parties “Cupertino Chamber PAC, and Andrew Walters,” FPPC
Case No. 2016-20089, is hereby accepted as the final decision and order of the Fair Political Practices
Commission, effective upon execution below by the Chair.
IT IS SO ORDERED.
Dated: ___________________ ________________________________________
Richard C. Miadich, Chair
Fair Political Practices Commission