CC05-02-2023 Item No. 8 Art in Lue Fees_Written Communications (Udated 5-2-23)CC 05-02-2023
#8
Art In-Lieu Fees for
Jollyman All-Inclusive
Playground
Written Communications
From:Jean Bedord
To:City Council; Cupertino City Manager"s Office; City Clerk
Subject:Agenda Item 8: Art in-Lieu fees for Jollyman All-Inclusive Playground, May 2, 2023 Council meeting
Date:Monday, May 1, 2023 9:17:34 PM
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recognize the sender and know the content is safe.
Honorable Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao,
J.R. Fruen and Kitty Moore,
I support the staff recommendation for this item, and encourage the council to unanimously
approve this item.
As the first in-lieu art fee received by the city, it's an opportunity to match restricted funds
with a capital project which could benefit from additional public art (as requested by the
public), which was not included in the original design and funding. Traditionally,
required public art has been placed in the project providing the funding. This will be
happening with the Marina Plaza Project which has an estimated $1.75 M+ for public art,
which includes:
• Major art pieces shall be placed at the major intersection focal points
• North DeAnza Blvd. & Alves Drive, and Bandley & Alves Drive
• Works of art from each of the Sister Cities’ areas to highlight the Sister City relationship and
history,
created by local artists.
• Artistic hardscape elements such as bicycle racks, and benches crafted by local artist(s)
Actual placement of public art, however, can be quite problematic. The Public Storage
site is not appropriate for public art. Staff is to be commended for recognizing that the
Jollyman all-inclusive playground is an excellent match for placement of public art. The
timing is good, since placement can coincide with construction of an already approved CIP
project, thus leveraging costs and time, so will be available to the public in 2024. when the
park opens. This in-lieu fee was approved by the Art and Culture Commission in 2021, so it
has taken years to get to the point of identifying a suitable location. The next step is to
develop a proposal.
Please approve this assignment of funds -- don't create unnecessary
bureaucratic barriers to improving a highly anticipated project.
Warm regards,
Jean Bedord
Cupertino resident
From:Rhoda Fry
To:City Clerk; City Council
Subject:May 2 City Council - Agenda #8 don"t use our $338,146.86 funds earmarked for public art for playground
construction
Date:Tuesday, May 2, 2023 2:51:58 AM
Attachments:Playground Staff Report.pdf
B- Art Concept Options.pdf
CMC 19.148 Artwork.pdf
A- Draft Resolution.pdf
CC 06-15-2021 Searchable Packet.pdf
CC 11-16-2021 Searchable Packet.pdf
Importance:High
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Dear City Clerk – please include the text below and the contents of the attachments in Public
Comment on agenda #8 for the May 2, 2023 City Council Meeting – Thank You.
Dear City Council,
I am writing you because I am deeply troubled by the proposal to use $338,146.86 in funds
earmarked for public art for playground funding. The playground should be funded through
Capital Budget Funds and not through our Public Art Money. The Public Art Money came
from fees paid by developers for public art. The developers chose to not install public art and
instead paid “Art In-Lieu Fees.” These fees must be used for public art and not for
playgrounds.
This is on Today’s May 2 City Council Agenda #8:
Consider approving the use of funds from the Art In-Lieu Fees for the Jollyman All-
Inclusive Playground (AIPG) Capital Improvement Programs (CIP) project.
There are many reasons to deny the diversion of public-art funding to playground
construction. The playground concept has been known for years and is already funded with
$2.1M of City funds and $2.5M in grants for a total of $4,895,381.86. (By the way, on
6/15/2021, the cost was $3,678,000 and by 11/16/2021 it was $5,465,361. See last 2
attachments.) The proposal to use our Public Art Money is not being used to enhance the
existing project’s design, rather it is taking our Public Art Money that could be used anywhere
in our City. The City should either scale back on the project or instead draw from the General
Fund or even our investment account that has a balance of $150M. Additionally, there are
allocated portions of our budget that we have not used in years, such as the extra library hours
that the County no longer charges for – that would more than cover the playground budget.
Finally, at the 6/2/22 Parks and Recreation Meeting, the survey results said that artistic /
colorful elements ranked #2 in the desires of the public – it would make no sense for these
colorful elements to be eliminated if our Public Art Money wasn’t made available.
The proposed diversion of funds clearly violates our Municipal Code’s 19.148 Public Art
Purpose and Intent. The Purpose and Intent is to “Enhance community and identity” and
to “Provide attractive public arts to residents and visitors alike.” The short list of over
nearly $340K in playground features do nothing to support our Municipal Code’s Purpose
and Intent. Not only does the proposal violate the spirit of our Municipal Code, it also
violates specific line items. Although the Municipal Code deems the following to be
ineligible, “Directional or other functional elements such as supergraphics, signing, or color
coding,” “playground equipment,” and “Landscaping and garden features,” the proposal
suggests using our Public Art Money for a “Multilingual Tactile Sign,” “Decorative sun
kaleidoscope feature,” and even “viewing binoculars.” The CMC states, “Artwork shall be
identified by an appropriate plaque or monument not less than eight by eight inches.” How
do you put a plaque that size on binoculars? Moreover, “The artwork shall be easily visible
from the public street” and this would not be the case. The draft resolution even obfuscates
the objective of this diversion – nowhere does it mention diverting our precious Public Art
Money. If approved, this misappropriation of our Public Art Money would be well-hidden
behind a General Fund account number.
We must invest our Public Art Money in Public Art. Find another way to add funds to
the already well-funded project or scale back the project. PLEASE VOTE NO on item #1
and #2.
(I was glad to see that #3 has already been removed from this agenda item.)
Attachments:
Council Packet - Playground Staff Report
Council Packet - Playgorund Art Concepts
Municipal Code
Council Packet – Draft Resolution to divert funds
2 budget documents
Link to City Council Agenda Item #8:
https://cupertino.legistar.com/LegislationDetail.aspx?ID=6180931&GUID=F55E1791-D0F4-
4E9E-AB6C-E401784EE15C&Options=&Search=
Sincerely,
Rhoda Fry
(408) 529-3560
CITY COUNCIL STAFF REPORT
Meeting: May 2, 2023
Subject
Consider approving the use of funds from the Art In-Lieu Fees for the Jollyman All-
Inclusive Playground (AIPG) Capital Improvement Programs (CIP) project.
Recommended Action
1. Approve the use of appropriations of $338,146.86 from the Art In-Lieu Fee in the
General Fund, for artwork within the Jollyman AIPG CIP project;
2. Adopt Resolution No. 23-XXX (Attachment A) approving budget modification
no. 2223-274 increasing appropriations and revenue by $338,146.86 in the Capital
Improvement Program Capital Projects Fund and increasing apportions in the
General Fund to transfer out restricted funds for the Jollyman All-Inclusive
Playground Project (budget unit 420-99-051, PVAR 007); and
3. Authorize the City Manager to execute any necessary contract amendments for a
contingency of $100,489 for a total contract amount of $490,000 on the
professional design services agreement between the City of Cupertino and MIG,
Inc. for the Jollyman AIPG Project (Project 2019-15).
Reasons for Recommendation
Per Cupertino Municipal Code (CMC) Section 19.149.020(A), private development
projects are required to provide public artwork in any development of 10,000 square feet
or more for the construction of new buildings, and/or the expansion of existing
buildings. In some instances, the placement of artwork on a particular property may not
be feasible. The applicant may then apply to the Arts and Culture Commission for an in-
lieu alternative if the development lacks an appropriate location for public art. In certain
cases, an in-lieu payment of 1.25% of the construction valuation may be made to the City
pursuant to the approval authority provisions of CMC Section 19.148.090.
Art and Culture commissioners approved the in-lieu payment for artwork at the “Public
Storage” development site on November 22, 2021, at the Art and Culture Commission
meeting. As this is the first art in-lieu fee received by the City, no policy has been
developed, and the CMC does not provide guidance. Staff recommends that these funds
be used for commissioning artwork within the Jollyman Park AIPG CIP project. Staff
placed the restricted funds in the General Fund in Fiscal Year (FY) 2022-23 in a
Restricted Fund balance category. Restricted fund balance means that the use of these
funds has been restricted by the governing board of the organization. Jollyman AIPG
would be a pilot project involving the art in-lieu fee and could serve as a model for
future projects. At a future date, a policy and procedural document, which could be
based on this project’s successes and lessons-learned, will be developed for ongoing use
and application of this fund.
Staff recommends that the art in-lieu funds be applied to the Jollyman AIPG project
because the opportunity to apply these funds to this project is limited by the grant-
driven schedule. The Jollyman AIPG project must meet the schedule requirements set
forth in our grant agreement. If Council prefers to appropriate the funds after a policy
can be considered and initiated, the AIPG can continue its current schedule and scope
definition without the public art element. Using the developer-paid art in-lieu
fee/funding for Jollyman AIPG as a public art consignment is a single effort that
produces two returns. First, adding public-facing interactive art on an easily accessible
City-owned site enhances a sense of place and discovery. Second, the City can capitalize
on construction and site preparation already in place with the established CIP project,
which should allow for the art-in-lieu funds to be utilized more effectively than they
might if the Jollyman AIPG project were not in place.
If the use of funds from the Art in-lieu Fee for the Jollyman AIPG is approved, it will be
used to fund the following interactive art elements as part of the project:
• Decorative sun kaleidoscope feature
• Interactive Musical Bench
• Nature-related art, such as a bird-watching scavenger hunt, viewing binoculars,
and colorful peeking windows
• Multilingual Tactile Sign
• Stair Mural
Examples of the art concept options can be seen in Attachment B.
If Council approves the use of the art in-lieu fee/funding, the next steps will include:
1. Project Team/Design consultant develops the artwork concepts and proposal
within the context of the AIPG’s design, visual style, and site constraints.
2. Project Team/Design consultant presents the artwork proposal to the Arts and
Culture Commission for their review.
3. After Art and Culture Commission approval of the artwork proposal, the Project
Team/Design consultant will finalize the designs and proceed with fabrication
and installation of the artwork in conjunction with the construction of the
Jollyman AIPG. (The art will be included in the City’s ARTour program which
catalogs and displays art inventory throughout the City.)
4. Create a policy and procedure document for this fund based on the project’s
successes and lessons learned.
If City Council does not approve the transfer of the art-in-lieu funds to the Jollyman
AIPG budget, the funds will stay in the current account, and the fully funded project
will move forward without these unique art features. Since the Jollyman AIPG project is
on a set schedule to meet grant requirements, the City would need to continue to
advance the project without the public art element.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The restricted fund balance category for art in-lieu totals $338,146.86. Staff recommends
an appropriation of all the funds to a general fund non-departmental transfer out, and
then transferring these funds into the Jollyman Park All-Inclusive Playground budget
unit. This will result in a transfer in of revenue to the project. In addition, the project
budget will be increased by a corresponding amount.
The Jollyman AIPG Project Budget (budget unit 420-99-051) has $4,532,235. The City has
encumbered $554,428 to date, leaving a remaining budget of $3,977,807. The City is a
recipient of two grants. The first was $1,448,201 from the AIPG Grant Funds from Santa
Clara County. The second was $1,000,000 from the Specified Grant Funds from the State
of California. The City has also funded $2,084,034 for the project. The City also received
a $25,000 donation from Pacific Gas & Electric. With the approval of the recommended
actions, the overall project funding would increase by $338,146.86 for the artwork
features.
SOURCE AMOUNT
City funds $2,084,034.00
County of Santa Clara AIPG $1,448,201.00
State Allocation (Specified Grant Funds) $1,000,000.00
PG&E Donation $25,000.00
Art in-lieu Fee $338,146.86
TOTAL $4,895,381.86
California Environmental Quality Act (CEQA)
The project is categorically exempt from CEQA per CA type and section numbers:
15301(c), 15302(c), and 15304(a), (b), (e), and (f).
_____________________________________
Prepared by: Evelyn Moran, Project Manager
Reviewed by: Chad Mosley, Interim Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Resolution
B – Art Concept Options
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
Inspiration Images
Description: The kaleidoscope art installation will tower above
the play area like a beacon, centered at the top of the slide hill.
Colored glass will cast rainbow reflections below.
Process: Artist commissioned.
KALEIDOSCOPE INSTALLATION AT SLIDE HILL DRAFT ART INSTALLATIONS
Attachment B
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
Inspiration Images
Description: Colored plexiglass windows
set into the fence along the elevated
pathway to the slide hill create a rain-
bow of reflections and chances to peek
in on the action below.
Process: Custom design collaboration
between MIG and the wall fabricator.
COLORFUL PEEKING WINDOWS DRAFT ART INSTALLATIONS
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
Inspiration Images
Description: Accessible binoculars offer
a view of the play area from the elevated
path to the slide hill. This feature is one of
several that turn a necessary walkway into
a Path of Discovery that invites play all
along it.
Process: Purchased from a manufacturer.
VIEWING BINOCULARS DRAFT ART INSTALLATIONS
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
Inspiration Images
Description: Interactive musical feature to facilitate a
social experience. The MusicBall pictured above can
be programmed with any variety of sounds or music
and is human powered. The bench at upper right
plays music when two people sit and hold hands.
Process: Artist commissioned custom bench or
design collaboration with manufactured equipment.
MUSICAL BENCH DRAFT ART INSTALLATION
BIRD SCAVENGER HUNT
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
Inspiration Images
BIRD SCAVENGER HUNT DRAFT ART INSTALLATION
Description: Life-sized
animal sculptures
hidden throughout
the playground for a
scavenger hunt game.
Process: Artist
commissioned or design
collaboration with
manufacturer.
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
Inspiration Images
Description: Playground entry
sign for wayfinding and inclusive
play introduction in English,
Simplified Chinese, possibly
Hindi, and English Braille.
Process: Design collaboration
with Lighthouse for the Blind
MADLab (or similar). MIG to
provide graphic and translations,
MADLab to advise and design
tactile features
MULTILINGUAL TACTILE SIGN DRAFT ART INSTALLATIONS
ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
Inspiration Images
Description: Stairway mural at steps leading up the slide hill.
Process: Artist commissioned or design collaboration with
manufacturer of thermoplastic pavement murals.
ALTERNATE OPTION: STAIR MURAL DRAFT ART INSTALLATIONS
CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE
DEVELOPMENTS
Section
19.148.010 Purpose and intent.
19.148.020 Applicability of regulations.
19.148.030 Permitted artwork.
19.148.040 Ineligible artwork.
19.148.050 Application procedures for public artwork.
19.148.060 Design criteria and artist qualifications.
19.148.070 Minimum artwork value.
19.148.080 Maintenance requirements.
19.148.090 In lieu payment for artwork is discouraged.
19.148.010 Purpose and Intent.
The purpose of this chapter is to provide a review framework for public art in both public and private
developments in the City of Cupertino, commensurate with the following specific goals, as described
in the Cupertino General Plan:
A. Enhance community character and identity;
B. Provide attractive public arts to residents and visitors alike;
C. Stimulate opportunities for the arts through cooperative relations between local business and
the City.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.020 Applicability of Regulations.
A. Any development of ten thousand sq. ft. or larger involving construction of new buildings and/or
the expansion of existing buildings shall be subject to the requirements of this chapter.
B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other
discretionary review may be required when deemed appropriate by the City Council.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part),
2009)
19.148.030 Permitted Artwork.
Types of art that may be used to satisfy the requirements of this chapter include, but are not limited
to, the following:
A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material
or combination of materials;
B. Painting: all media, including portable and permanently affixed works, such as murals;
C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large
public scale;
D. Mosaics;
E. Functional artwork created by a professional artist, such as benches, tree grates or trash
receptacles;
F. Any other form of work of art determined by the Arts and Culture Commission to satisfy the intent
of this chapter.
(Ord. 22-2241, § 8, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part),
2009)
19.148.040 Ineligible Artwork.
The following shall not be considered eligible to satisfy the requirements of this chapter:
A. Reproductions of original works of art, whether by mechanical or other means. However,
permitted artwork may include limited editions, controlled by the artist, of original prints, cast sculpture,
photographs, or other art forms;
B. Directional or other functional elements such as supergraphics, signing, or color coding, except
where those elements are integral parts of original signed artworks;
C. Art objects which are mass-produced from a standard design, such as playground equipment,
fountains, flags or banners;
D. Landscaping and garden features, except where these elements are designed by the artist and
are an integral part of a fine artwork.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.050 Application Procedures for Public Artwork.
A. An application for public artwork shall include all requirements of Chapter 19.12.
B. Application for public art for a new development shall be made in conjunction with the review of
the permits for the entire project, in order that the design and location be taken into consideration at
the time of architectural and site planning, as outlined in Chapter 19.168.
C. The Arts and Culture Commission shall review for approval the public art application and
artwork. The decision of the Arts and Culture Commission may be appealed in accordance with
Sections 1.16.020 and 19.12.030 of the Cupertino Municipal Code, or as amended.
(Ord. 22-2241, § 9, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part),
2009)
19.148.060 Design Criteria and Artist Qualifications.
It is the intent of this chapter to provide for public art on private property without imposing the artistic
preferences of the City on the owner or the developer of the property. Artistic preferences are to be
primarily those of the owner or developer of the property, but the artwork and its location is subject to
approval of the Arts and Culture Commission.
A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant
that the proposed artwork meets the following criteria:
A. The artwork is of a nature specified in Section 19.148.030.
B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the
requirement may be met with several works of art when specifically found by the Arts and Culture
Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping
and/or architecture of the buildings.
C. The artwork shall be easily visible from the public street and be located in an area specifically
designated on the project site plan. Appropriate locations include, but are not limited to, entryways to
the property, greenbelts, and building exteriors. The artwork must be in permanent view to motorists
and pedestrians. Artwork located at the entrance to a development should make a major statement
and be visible from the main parking lot, if any. When located in proximity to major traffic
thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the
motorist.
D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large
in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will
most likely be sculptural: however, other forms of art may be considered if consistent with the intent of
this chapter. Artwork should have a visual impact upon passengers in a moving vehicle or pedestrians
not less than 100 feet away.
E. The composition of the artwork shall be of permanent materials requiring a low level of
maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather.
F. The nature and style of the artwork shall be considered in the context of other artwork in the
surrounding area in order to encourage a wide range of art styles and materials, and to create a
balanced and interesting aesthetic appearance. The developer is encouraged to give preference to
artists living or working in the San Francisco Bay area, and to avoid using artists whose work is
already displayed as public art within the City of Cupertino boundaries.
G. Because the artwork will necessarily be highly visible to the public and be associated with City
requirements, expressions of obvious bad taste or profanity shall not be approved.
H. Water and/or electronic sculpture may be permitted if adequate assurance of continued
maintenance is provided.
I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight
inches by eight inches. The plaque shall be made of a durable, permanent material and shall be
placed near the artwork, and shall list the date of installation, title and artist, and medium.
J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this
fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the property deed,
to advise subsequent property owners of their obligations to maintain the artwork.
K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino
Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council
Resolution No. 05-040, or as later amended.
L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The
review, however, shall be primarily for the purpose of determining the artist's experience with artwork
of monumental proportion.
(Ord. 22-2241, § 10, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part),
2009)
19.148.070 Minimum Artwork Value.
The minimum expenditure for the artwork, including but not limited to design, fabrication, and
installation, shall be one percent of the construction valuation, with the following tiers:
A 1% of the first $100 million of construction valuation.
B. 0.9% of construction valuation for valuation in excess of $100 million.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.080 Maintenance Requirements.
The property owner shall maintain the artwork in good condition continuously after its installation, as
determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and
upkeep, including the identification plaque. Artwork required or approved pursuant to this chapter
cannot be removed, except for required maintenance or repair, unless approved by the City; at which
time the City may require replacement or relocation of the artwork. In the event that the artwork is
located in the public right-of-way, a maintenance agreement with the City shall be required.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.090 In Lieu Payment for Artwork is Discouraged.
In some instances the placement of artwork on a particular property may not be feasible. The
developer or property owner may apply to the Arts and Culture Commission for an in lieu payment
alternative on projects that lack an appropriate location for public art, although such alternative is
strongly discouraged. In such cases, an in lieu payment of 1.25% of the construction valuation may be
made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter
19.12.030.
(Ord. 22-2241, § 11, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part),
2009)
Attachment A
RESOLUTION NO. ________
RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING THE CAPITAL
BUDGET FOR FISCAL YEAR 2022-23 BY APPROPRIATING MONIES FOR THE
JOLLYMAN ALL-INCLUSIVE PLAYGROUND PROJECT
WHEREAS, the orderly administration of municipal government depends on a
sound fiscal policy of maintaining a proper ratio of expenditures within anticipated
revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects and programs, and
performing staff duties and responsibilities likewise depends on the monies available for
that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds
specified in this resolution are adequate to cover the proposed amended appropriations, and
therefore recommends the fund reallocations described herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the recommended fund reallocations and ratifies the attached amended appropriations and
revenue set forth in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
2nd day of May, 2023, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
Exhibit A
Fund Revenue Expenditure (Use of) Fund
Balance
General Fund 100-90-
001
$0 $338,146.86
($338,146.86)
Capital Budget Funds
420-99-051
$338,146.86 $338,146.86 $0
Total $338,146.86 $676,293.72 ($338,146.86)
Fiscal Years 2021-2025 - AdoptedCIPCATEGORY3 - EXISTING PROJECTS - FUNDED
Description Funding
Type
Approved
Plan Budget Unit Project No.
Revenue
Funding
Sources
Total Project Budget FY 2022
Projected
FY 2023
Projected
FY 2024
Projected
FY 2025
Projected
FY 2026
Projected
Bicycle Wayfinding GF BTP 420-99-036 ST 017 - 60,000 - - - - -
Bicyle Boulevard Interim Improvements, Phase 2 GF BTP 420-99-036 ST 030 - 220,000 - - - - -
Bicycle Boulevard Interim Improvements, Phase 3 GF BTP 420-99-036 ST 030 - 1,197,000 - - - - -
Blackberry Farm Golf Renovation / Alternative Use BBF P&R, SCC 560-99-088 BGC 002 - 50,000 - - - - -
Citywide Building Condition Assessment Implementation GF 420-99-063 BAI 001 - 1,006,470 - - - - -
Citywide Community Garden GF P&R 420-99-083 PVAR 009 - 300,000 - - - - -
Civic Center Parking Analysis GF CCMP 420-99-078 CIV 009 - 1,000,000 - - - - -
Interim City Hall (deferred)GF CCMP 420-99-074 CIV 006 - 501,162 - - - - -
Lawrence-Mitty Park Design and Construction DIL GP, P&R 280-99-009 P LM 001 - 5,471,084 - - - - -
Library Expansion Room GF CCMP 420-99-077 CIV 007 - 8,705,438 - - - - -
Quinlan Preschool Shade Structure GF 580-99-082 QCC 005 - 125,000 - - - - -
Regnart Creek Trail Fencing GF BTP 420-99-036 ST 054 - 1,954,883 - - - - -
Regnart Road Improvements GF 420-99-068 ST 033 - 1,303,646 - - - - -
Retaining Wall Repair - Cordova Road GF 420-99-040 ST 020 - 25,000 - - - - -
Sports Center Community Needs Analysis SC P&R 570-99-089 SPCT 007 - 25,000 - - - - -
Stevens Creek Bank Repair Concept GF P&R, SCC 420-99-014 SCCP 004 - 100,000 - - - - -
Stevens Creek Boulevard CL IV Bikeway - Phase 2 - Design GF BTP 420-99-036 ST 053 - 350,000 - - - - -
Stevens Creek Corridor Park Chain Master Plan - McClellan Rd to Stevens Creek Blvd. (deferred)GF GP, SCC 420-90-898 - 406,470 - - - - -
Street Light Replacement - Citywide (Labor Only)GF GP 420-99-072 ST 037 - 200,090 - - - - -
Traffic Calming TF 270-99-087 ST 049 - 200,000 - - - - -
Totals Category 3 -$ 23,201,243$ -$ -$ -$ -$ -$
CATEGORY 4 - EXISTING PROJECTS WITH EXTERNAL FUNDING
Description Funding
Type
Approved
Plan Budget Unit Project No.
Revenue
Funding
Sources
Total Project Budget FY 2022
Projected
FY 2023
Projected
FY 2024
Projected
FY 2025
Projected
FY 2026
Projected
All Inclusive Play Area GF P&R 420-99-051 PVAR 007 2,448,000 3,678,000 - - - - -
Bubb Road Separated Bikeway - McClellan Rd to Stevens Creek Blvd AP BTP 420-99-080 ST 041 1,980,555 1,980,555 - - - - -
City Bridge Maintenance Repairs TF GP 270-90-960 ST 002 628,623 710,068 - - - - -
Homestead/De Anza - Design Grant 270-99-856 213,300 213,300 - - - - -
Junipero Serra Trail - Central Segment AP/Grant BTP, PTP 420-99-036 ST 050 600,000 600,000 - - - - -
Junipero Serra Trail - East Segment AP/Grant BTP, PTP 420-99-036 ST 046 600,000 600,000 - - - - -
Junipero Serra Trail - West Segment AP/Grant BTP, PTP 420-99-036 ST 051 600,000 600,000 - - - - -
Mary Avenue Protected Bikeway AP 420-99-079 ST 042 165,000 165,000 - - - - -
McClellan Road Separated Bike Corridor, Phase 3
AP/GF/
Grant BTP 420-99-036 ST 047 1,160,000 1,324,410 - - - - -
McClellan Road Separated Bike Corridor - Byrne Ave to Imperial Ave, Phase 4
AP/GF/
Grant/DIL BTP 420-99-036 ST 048 1,000,000 1,000,000 - - - - -
QCC Multi-Site Sustainable Infrastructure Upgrade GF/RP 580-99-090 QCC 006 217,551 502,000 - - - - -
Regnart Creek Trail GF/Grant BTP 420-99-036 ST 039 1,885,000 2,898,000 - - - - -
School Walk Audit Implementation AP/GF 420-99-069 ST 034 1,221,863 1,245,852 - - - - -
Sidewalk Improvements - Orange & Byrne TF/DIL GP, PTP 270-90-958 ST 013 34,495 5,158,188 - - - - -
Stevens Creek Blvd. and Bandley Dr. Signal Upgrades DIL/GF 420-99-070 ST 044 25,658 150,090 - - - - -
Totals Category 4 12,780,045$ 20,825,463$ -$ -$ -$ -$ -$
CATEGORY 5 - COMPLETED PROJECTS
Description Funding
Type
Approved
Plan Budget Unit Project No.
Revenue
Funding
Sources
Total Project Budget FY 2022
Projected
FY 2023
Projected
FY 2024
Projected
FY 2025
Projected
FY 2026
Projected
Blackberry Farm Entrance Road Improvements - Feasibility GF SCC, P&R 560-99-061 BBF 003 - 77,002 - - - - -
Lawrence-Mitty Acquisition AP/DIL GP, P&R 280-99-009 P LM 001 2,800,000 2,800,000 - - - - -
Linda Vista Trail GF BTP, PTP 420-99-084 ST 040 - 615,500 - - - - -
McClellan Ranch Community Garden GF P&R, SCC 420-99-004 MRP 005 - 1,306,622 - - - - -
McClellan Road Separated Bike Corridor, Phase 2
AP/GF/
Grant BTP 420-99-036 ST 045 1,000,000 1,526,021 - - - - -
McClellan Sidewalk Improvements, Phase 2 AP PTP 270-90-976 ST 009 2,035,000 4,089,871 - - - - -
McClellan West Parking Lot Improvements GF SCC, P&R 420-99-030 MRW 002 - 1,069,682 - - - - -
Sports Center Seismic Retrofit GF P&R 570-99-081 SPCT 006 BAI 002 - 1,275,000 - - - - -
Stevens Creek Boulevard Class IV Bikeway Installation, Phase 1 AP BTP 420-99-036 ST 036 1,800,000 1,800,000 -
Street Light Installation - Randy Lane and Larry Way GF 420-99-058 ST 025 - 200,000 - - - - -
Totals Category 5 7,635,000$ 14,759,698$ -$ -$ -$ -$ -$
Total All Categories 20,800,997$ 73,594,404$ 665,000$ 670,000$ 675,000$ 605,000$ 110,000$
406
CC 06-15-2021
406 of 547
ATTACHMENT C
FUND BUDGET ADJUSTMENT TYPE DESCRIPTION AMOUNT
DETAILED CARRYOVERS,COUNCIL APPROVED ADJUSTMENTS,AND ENCUMBRANCE CARRYOVERS
270 Transportation Fund Budget Carryover Annual asphalt project work in progress 1,270,505
270 Transportation Fund Budget Carryover Annual SW Curb Gutter project in progress 76,985
270 Transportation Fund Budget Carryover Bridge Rehab Minor project in progress 514,270
270 Transportation Fund Budget Carryover Guard Rail Repair Work in progress 25,750
270 Transportation Fund Budget Carryover Homestead/De Anza Signal Upgrade 160,645
270 Transportation Fund Budget Carryover Orange Byrne Sidewalk Improvements 2,382,398
270 Transportation Fund Budget Carryover Ph 1 Ph 2 Pavement digouts,crack seal fog seal 250,000
270 Transportation Fund Budget Carryover Ph2 McClellan Sidewalk 100,000
270 Transportation Fund Budget Carryover Regnart Road Repairs work scheduled. 105,235
270 Transportation Fund Budget Carryover SBI Funds work scheduled.Covid delay. 800,000
270 Transportation Fund Budget Carryover Traffic Calming project in progress 198,241
280 Park Dedication Budget Carryover Lawrence Mitty Park 5,438,179
SPECIAL REVENUE FUND TOTAL 11,749,252
420 Capital Improvement Fund Budget Carryover ADA Improvements project in progress 43,545
420 Capital Improvement Fund Budget Carryover Banner Bank retainage (23,496)
420 Capital Improvement Fund Budget Carryover Bike Plan Implementation project in progress 5,899,816
420 Capital Improvement Fund Budget Carryover BKF Engineers 052421 062721 inv#21070933 (50,056)
420 Capital Improvement Fund Budget Carryover Bubb Rd Separated Bikeway Improv project in progress 1,101,882
420 Capital Improvement Fund Budget Carryover Citywide Community Garden project scheduled 265,685
420 Capital Improvement Fund Budget Carryover Civic Center Parking Analysis project in progress 848,350
420 Capital Improvement Fund Budget Carryover CW Bldg Condition Assess Impl project in progress 673,770
420 Capital Improvement Fund Budget Carryover Inclusive Play Area Planning project in progress 5,465,361
420 Capital Improvement Fund Budget Carryover Library Expansion project in progress 1,299,707
420 Capital Improvement Fund Budget Carryover Linda Vista Trail project in progress 47,066
420 Capital Improvement Fund Budget Carryover Mary Ave Protected Bikeway project scheduled 158,148
420 Capital Improvement Fund Budget Carryover McClellan Ranch West Parking Lot Impro 55,891
420 Capital Improvement Fund Budget Carryover MR Community Garden Improv project in progress 18,553
420 Capital Improvement Fund Budget Carryover Playground Equipment Creekside Varian) 300,000
420 Capital Improvement Fund Budget Carryover Regnart Road Improvements project in progress 850,382
420 Capital Improvement Fund Budget Carryover Retaining Wall Repair Cordova Rd project in progress 25,000
420 Capital Improvement Fund Budget Carryover Rodan Library expansion thru 6/30/21 (446,429)
420 Capital Improvement Fund Budget Carryover SCB/Bandley Signal Median Imps project in progress 142,208
420 Capital Improvement Fund Budget Carryover SCCP Chain MP MCLN to SCB project in progress 203,322
420 Capital Improvement Fund Budget Carryover School Walk Audit Implementation project in progress 1,084,133
420 Capital Improvement Fund Budget Carryover Senior Center Walkway Replacement 14,288
420 Capital Improvement Fund Budget Carryover SLTG/280 Ped Bridge Lighting project to be scheduled 46,449
420 Capital Improvement Fund Budget Carryover St Light Install Annual Infill project in progress 128,416
420 Capital Improvement Fund Budget Carryover St Light Replacement CW labor)project scheduled for FY 21 98,929
420 Capital Improvement Fund Budget Carryover Stevens Crk Bank Repair Concept project to be scheduled 30,216
35
4
From:nancy canter
To:City Clerk
Subject:Please leave Public Art monies alone
Date:Tuesday, May 2, 2023 12:32:45 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
I am a resident and home owner in Cupertino and I want Public Art funding in Cupertino to remain for Public Art.
I understand the city is short of funding
But Public Art once acquired lasts a lifetime and is for the visual enjoyment of all residents and visitors of
Cupertino.
Playgrounds in Public Parks are important but are for children only and have to be updated and upgraded often.
A city like Cupertino that has such expensive property taxes should be able to afford both Public Art and upkeep on
Parks with playgrounds.
Respectively submitted,
Dr. Nancy Canter
From:Rhoda Fry
To:City Clerk; City Council
Subject:More on Appropriating Art Funds for Playground item #8
Date:Tuesday, May 2, 2023 3:02:56 PM
Attachments:Page14-Final2 JOLLYMAN 50CD DWGS_.dated Feb 2023pdf.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear City Council,
It is my understanding now that the items that are being considered to be art were not part of
the project’s original scope.
In December 2021, $1.2M of City funds was to be allocated to the Jollyman project.
In May 2023, we’re at near double that at $2.1M.
And now, with only 50% designed, the project team is asking for a 16% boost with an
additional $340K.
This issue continues to eat at me. The playground has already anticipated colorful artistic
elements. It seems excessive to me to add in more to this place while other playgrounds are
suffering. Certainly among a long list of items, the new items would have been the least
desirable and didn’t make the original cut.
It also saddens me that this item was put on the consent agenda and that the Arts Commission
would be stuck with using all of our Public Art Money at one location.
Increasing the budget by 16% is a bad idea.
Using our earmarked Public Art Money is a terrible idea.
Let’s put real Public Art at Quinlan or at our other parks.
Attached you’ll find the plans that suddenly dropped in new features, which are highlighted, in
February of this year.
Here is the link for the plan set:
https://www.cupertino.org/home/showpublisheddocument/33141/638186228935922375
Regards,
Rhoda Fry
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Checked:
Drawn:
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Date:02-21-2023
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