CC 12-05-2023 Agenda1
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408)777-3200 │ www.cupertino.org
AGENDA OF THE
CUPERTINO CITY COUNCIL
Tuesday, December 5, 2023
Televised Special Meeting (5:00) and
Regular City Council Meeting (6:45)
CITY COUNCIL
HUNG WEI, MAYOR
SHEILA MOHAN, VICE MAYOR
LIANG CHAO, COUNCILMEMBER
J.R. FRUEN, COUNCILMEMBER
KITTY MOORE, COUNCILMEMBER
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of
the public may speak on any item on the agenda for up to three
minutes. All statements and questions must be addressed to the
Mayor.
City Council hearings serve as a venue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and
refrain from cheering or clapping. That may delay the meeting or
intimidate other persons wishing to express alternate views. Actions
that disrupt the meeting will result in a warning, followed by removal
if disruption continues.
Oral public comments will be accepted during the meeting. Comments
may be made during “oral communications” for matters not on the
agenda, and during the public comment period for each agenda item.
Identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Speakers submit a Request to Speak
card, and are allowed up to 3 minutes
per individual. Council members may
ask questions of speakers.
Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
The Mayor may request a motion and
a second after the close of the public
hearing. Council then deliberates and
votes.
Mayor closes the public hearing
Councilmembers ask clarifying
questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.
Mayor invites
applicant/appellant to
respond to public
comments (2 min)
City Council votes on
the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Councilmembers ask
questions of staff or
applicant/appellant
Mayor opens the public hearing
CITY OF CUPERTINO
CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, December 5, 2023
5:00 PM
Televised Special Meeting (5:00) and Regular City Council Meeting (6:45)
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall.
2) E-mail comments by 4:00 p.m. on Tuesday, December 5 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
Members of the public may provide oral public comments during the Meeting as follows :
Oral public comments will be accepted during the meeting. Comments may be made
during “oral communications” for matters not on the agenda, and during the public
comment period for each agenda item.
Oral public comments may be made during the public comment period for each agenda
item.
Members of the audience who address the City Council must come to the
lectern/microphone, and are requested to complete a Speaker Card and identify themselves .
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City Council Agenda December 5, 2023
Completion of Speaker Cards and identifying yourself is voluntary and not required to
attend the meeting or provide comments.
3) Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_1qDtPC31RsmLVc4WXjeYxw
Phone
Dial: 669-900-6833 and enter Webinar ID: 938 7738 4168 (Type *9 to raise hand to speak, *6 to
unmute yourself). Unregistered participants will be called on by the last four digits of their
phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 938 7738 4168
SIP: 93877384168@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,
if you are calling in, press *9. Speakers will be notified shortly before they are called to
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City Council Agenda December 5, 2023
speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
5. Members of the public that wish to share a document must email cityclerk@cupertino.org
prior to speaking. These documents will be posted to the City’s
website after the meeting.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Tuesday, December 05, 2023, commencing at 5:00 p.m. in Community Hall
Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference.
Said special meeting shall be for the purpose of conducting business on the subject matters
listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:00 PM
STUDY SESSION
1.Subject: Receive presentation regarding revenue tax measure options for the City’s
General Fund and provide direction to staff on which revenue tax measure(s), if any, to
explore for feasibility through opinion research for the November 2024 election
Recommended Action: Provide direction to staff regarding exploring the feasibility of
one or more potential revenue tax measures-Transaction and Use Tax, Transient
Occupancy Tax, Parcel Tax, and/or Business Operations Tax-through opinion research
for the November 2024 election
Presenter: Kristina Alfaro, Director of Administrative Services
Staff Report
A - Presentation
ADJOURNMENT
REGULAR MEETING
CALL TO ORDER - 6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
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City Council Agenda December 5, 2023
CEREMONIAL ITEMS
1.Subject: Certificates of appreciation to volunteers at the Silicon Valley Korean School
(SVKS)
Recommended Action: Present certificates of appreciation to volunteers at the Silicon
Valley Korean School (SVKS)
A - Certificates of Appreciation
2.Subject: Recognition of Manny Barragan as the City of Cupertino's longest serving
employee
Recommended Action: Present certificate of recognition recognizing Manny Barragan
as the City of Cupertino's longest serving employee
A - Certificate of Recognition
3.Subject: Recognition of Cupertino Sister City relationships
Recommended Action: Present certificates of recognition to Cupertino Sister Cities
representing Copertino, Italy; Toyokawa, Japan; Hsinchu, Taiwan; and Bhubaneswar,
India
A - Certificates of Recognition
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, including informational items. 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
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City Council Agenda December 5, 2023
Mayor asks for public comments on the Consent Calendar.
4.Subject: Approval of the November 14 City Council minutes
Recommended Action: Approve the November 14 City Council minutes
A - Draft Minutes
5.Subject: Approval of the November 21 City Council minutes
Recommended Action: Approve the November 21 City Council minutes
A - Draft Minutes
6.Subject: Adopt a maximum rate schedule for Rate Period Four 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
Recommended Action: Adopt Resolution No. 23-131 (Attachment A) to:
1. Adopt a maximum rate schedule for Rate Period Four 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 B;
(FA Exhibit E2)); and
2. Authorize the use of $547,800 of restricted-use enterprise funds to smooth and
mitigate the Rate Period Four adjustment
Staff Report
A - Draft Resolution
B - Recology Franchise Agreement
C - HF&H Report - Review of RP 4 Application
7.Subject: Adopt the OPEB and Pension Trust Investment Policies
Recommended Action: 1. Adopt Resolution No. 23-132 for the OPEB Trust Investment
Policy; and
2. Adopt Resolution No. 23-133 for the Pension Trust Investment Policy
Staff Report
A - OPEB Trust Investment Policy (Clean)
B – OPEB Trust Investment Policy (Redline)
C – OPEB Investment Policy Draft Resolution
D – Pension Trust Investment Policy (Clean)
E – Pension Trust Investment Policy (Redline)
F – Pension Investment Policy Draft Resolution
8.Subject: Accept Silicon Valley Clean Energy Community Resilience Grant in the
amount of up to $233,963 to purchase two (2) Electric Vehicle Autonomous Renewable
Charger (EV ARC) portable solar-powered charging systems
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City Council Agenda December 5, 2023
Recommended Action: 1. Adopt Resolution No. 23-134 accepting up to $233,963 in
Community Resilience Grant funding from Silicon Valley Clean Energy and approving
budget modification #2324-316 increasing appropriation and estimated revenues by
$233,963 in 100-87-829 900-990 for procurement of Electric Vehicle Autonomous
Renewable Charger units;
2. Authorize the City Manager to execute all documentation necessary to accept the
grant funding; and
3. Authorize the purchase the two (2) Electric Vehicle Autonomous Renewable Charger
units, trailer and additional support and maintenance for a total cost of $233,963 from
Beam Global
Staff Report
A - Draft Resolution
B - Grant Agreement
C - Beam EV ARC Price Quote
D - BEAM EV ARC Product Informaiton
E - State of California Agreement
9.Subject: Cancellation of the December 19, 2023 City Council meeting
Recommended Action: Cancel the December 19, 2023 City Council meeting
Staff Report
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino .org. Plans
will also be made available digitally during the hearing to consider the proposal.
10.Subject: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit
and Parking Exception for the use of a former public school site by a pre-kindergarten
through 9th grade private educational facility and associated Categorical Exemption
under CEQA. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009 Applicant:
City of Cupertino; Grace Stanat on behalf of Tessellations; Location: BA-zoned (Public
Building) properties in Cupertino; 1170 Yorkshire Drive; APN# 362-08-001)
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City Council Agenda December 5, 2023
Recommended Action: That the City Council:
1.Find the proposed actions exempt from the California Environmental Quality Act
(CEQA) and CEQA Guidelines;
2.Conduct the first reading of Ordinance No. 23-2253: "An Ordinance of the City
Council of the City of Cupertino amending Cupertino Municipal Code Chapter 19.76
(Table 19.76.030) to allow privately operated educational uses and privately operated
public serving uses in the BA zoning district ";
3.Adopt Resolution No. 23-135 approving the Conditional Use Permit (U-2023-002);
and
4.Adopt Resolution No. 23-136 approving the Parking Exception (EXC-2023-009)
Presenter: Emi Sugiyama, Associate Planner
Staff Report
A - Draft Ordinance for MCA-2023-003
B - Draft Resolution for U-2023-002
C - Draft Resolution for EXC-2023-009
D - Plan Set (Abridged Pursuant to SB1214)
E - Applicant's Project Description
F - Planning Commission Resolution 2023-14
G - Planning Commission Resolution 2023-15
H - Planning Commission Resolution 2023-16
ACTION CALENDAR
11.Subject: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and
Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws .
(Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide)
Recommended Action: That the City Council conduct the public hearing and conduct
the first reading of Ordinance No. 23-2254: "An Ordinance of The City Council of the
City of Cupertino to amend Municipal Code Chapter 19.12, Chapter 19.28 and Chapter
19.112 Regarding Two-Story Permit and Accessory Dwelling Unit (ADU) Laws "
(Attachment A) to amend the following:
a.Chapter 19.12, Administration, and
b.Chapter 19.28 Single-Family Residential (R-1) Zones.
c.Chapter 19.112, Accessory Dwelling Units (ADU)
Presenter: Gian Martire, Senior Planner
Staff Report
A - Draft Ordinance (Clean)
B - Draft Ordinance (Redline)
C - Planning Commission Resolution No. 2023-17
D - Gov. Code Sections 65852.2 and 65852.22
E - Public Comment
COUNCIL REPORTS AND COMMENTS
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City Council Agenda December 5, 2023
12.Subject: Councilmember Reports
A - Council Reports, Fruen
B - Council Reports, Mohan
C - Council Reports, Moore
D - Council Reports, Wei
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
INFORMATIONAL ITEMS
Information items are intended to provide background information and routine reports to
Councilmembers and the public, without discussion by Council. Members of the public wishing to
comment on informational items should do so during oral communications .
13.Subject: Update regarding Vallco's SB 35 project approval
Recommended Action: Receive the update regarding Vallco's SB 35 project approval
Informational Memorandum
A – Email from Reed Moulds, Managing Director, Sand Hill Property Company, dated 11/29/2023
14.Subject: Update on Main Street
Recommended Action: Receive the update on Main Street
Informational Memorandum
A – November 14 Planning Commission staff report
B – Director’s Decision / Main Street Note to File
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300
Torre Avenue, Cupertino, CA 94107; 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.
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City Council Agenda December 5, 2023
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 Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
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THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by
the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to
four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐
year term.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission,
Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission,
Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC)Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District
∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for
interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager
coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the
advisor to the City Council as a whole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will
first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second
reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which
time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14
calendar days of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition
for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the
City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
(408)777‐3139
(408)777‐1326
(408)777‐3192
(408)777‐1316
(408) 777‐1389
(408)777‐3212
All Council members:
Hung Wei
Sheila Mohan
Liang Chao
J.R. Fruen
Kitty Moore
Executive Assistant
City Hall
citycouncil@cupertino.org
HWei@cupertino.org
SMohan@cupertino.org
LiangChao@cupertino.org
JRFruen@cupertino.org
KMoore@cupertino.org
Debran@cupertino.org
www.cupertino.org (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777‐CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non‐Emergency ) Santa Clara County Fire Dept.(408)378‐4010
Garbage Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000
Recreation & Community Quinlan Community Center (408) 777‐3120
Services
Police (Emergency)Santa Clara County Sheriff dispatch 911
Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600
Public Health Santa Clara County Public Health (408) 732‐3720
Sanitary Sewers Cupertino Sanitary District (408) 253‐7071
Water San Jose Water (408) 279‐7900
California Water (650) 917‐0152