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CC 05-16-2023 Item No. 6 City Manager's Third Quarter Financial Report for 2022-23_Written CommunicationsCC 05-02-2023 Written Communications Item #6 Consider the City Manager's Third Quarter Financial Report for 2022-23 From:Rhoda Fry To:City Clerk; City Council Subject:Cupertino City Council May 16 #6 regarding the 3rd quarter Date:Monday, May 15, 2023 8:51:04 AM 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, Cupertino City Council May 16 #6 regarding the 3rd quarter I am very surprised to see the new city hall still listed on these reports and I am concerned to see it bundled with improvements to community hall. These items need to be kept separate. How much was wi-fi being used in the City’s public areas? I see that it has been cancelled. I don’t use it but I can see that it could be a quality of life item for people to get outside. Regarding attachment C. Please provide a full accounting for fund 280 – the park dedication fee. I recall it had been around $12M. Why is it $8M now? Where did the money come from and what can it be used for? Moving forward to the 4th quarter, please start cutting costs now. Sell Byrne. Get TOT increase on ballot for 2023. Thanks, Rhoda Fry From:Peggy Griffin To:Thomas Leung; Pamela Wu; City Council Cc:City Clerk Subject:2023-05-16 City Council Agenda Item #6 - City Manager"s 3rd Qtr Budget Amendment Proposal - BUDGET QUESTION Date:Sunday, May 14, 2023 7:12:20 PM Attachments:Agreement 19-082 City of Sunnyvale, Cost Sharing Agreement, VERBS Project at Homestead High School.pdf 2019-07-16 CC Mtg Item26 Att D - Budget Detail Modified.pdf CC 04-13-23 Item #2 Accounts Payable_Supplemental Report (Updated 04-12-23).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. PLEASE INCLUDE THIS EMAIL AND ATTACHMENTS AS WRITTEN COMMUNICATIONS FOR THE CITY COUNCIL AGENDA ITEM LISTED ABOVE. Dear City Manager Wu, City Council and Staff, Below is a question I have asked multiple times but it’s not been answered. In the 4-13-2023 CC Meeting Item #2 Accounts Payable Supplemental Report the city’s response was “It’s a budget-related question that will be addressed when the City Manager’s proposed budget is considered by Council.” So, I’m asking again… Q: Why was the Homestead High School Bike/Ped Improvement amount of $126,500 charged to “100 – General Fund” instead of to the Walk Audit CIP fund or another CIP fund? I keep asking this because there is a fixed amount of money in the Walk Audit CIP Fund. This Homestead HS project was presented as a Walk Audit CIP project. Recently, I’d heard there was only about $68k left in the fund. If that’s the case, the $126,500 would have made it go negative so charging the General Fund instead avoids the issue of going over budget or having to get Council approval to amend the budget or having to cut back on projects. Below are supporting documents and information. I would very much appreciate an answer to this question. Thank you. Sincerely, Peggy Griffin This City Council agenda item #6 is the City Manager’s proposed budget amendment so I’m asking again…now with additional information I’ve found. Attached are 2 supporting documents: 1. CC 04-13-23 Item #2 Accounts Payable_Supplemental Report (Updated 04-12-23).pdf 2. Agreement 19-082 City of Sunnyvale, Cost Sharing Agreement, VERBS Project at Homestead High School.pdf This shows the City of Cupertino agreed to pay $126,500 for their part of the bike/ped improvements. 3. 2019-07-16 City Council Mtg, Agenda Item #26, FY19-20 Bike-Ped CIP, Attachment D – Budget Detail Modified.pdf Page 2 of this shows that for the Homestead HS Bike/Ped Improvement Project, “Cupertino to contribute $126,500 from Walk Audit CIP” CIP projects have a fund number of 420, not 100 Page 2 of 2 of 2019-07-16 CC Mtg, Agenda Item #26, FY19-20 Bike-Ped CIP The Accounts Payables for the Period Ending Feb. 10, 2023 (bottom of the page), paid the City of Sunnyvale $126,500.00 as the City of Cupertino’s share of the improvements as per the signed agreement between the two cities but it was charged to “100 – General Fund” instead of Payment Register for Period Ending Feb. 10, 2023 Page 1 and 2 of 19 The 2023-05-16 CC Meeting Agenda Item #6, Attachment I – CIP Projects Ranking May 2023.pdf shows that School Walk Audit Implementations are “Fully funded by outside sources. No use of City funds anticipated…” Attachment I – CIP Projects Ranking May 2023.pdf Page 4 of 6 COST-SHARING AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND CITY OF CUPERTINO FOR A VEHICLE EMISSION REDUCTIONS BASED AT SCHOOLS (VERBS) FUNDED PROJECT AT HOMESTEAD HIGH SCHOOL THIS AGREEMENT, for convenience dated P 161 A) , 2019, is entered into by and between the CITY OF SUNNYVALE, a municipal corporation of the State of California, referred to herein as "SUNNYVALE" and the CITY OF CUPERTINO, a municipal corporation of the State of California, referred to herein as "CUPERTINO." RECITALS WHEREAS, SUNNYVALE received a Vehicle Emission Reductions Based at Schools ("VERBS") grant from the VTA for the purpose of increasing walking and bicycling to school to reduce greenhouse gases and improve air quality. SUNNYVALE and CUPERTINO are partnering to perform pedestrian and bicycle improvements on Homestead Road at Homestead High School (the "PROJECT"), more specifically defined in Exhibit A, which is incorporated by this reference.; and, WHEREAS, CUPERTINO submitted a letter of support (Exhibit B) to provide matching funds in an amount not to exceed 10% of the total PROJECT cost; and, WHEREAS, SUNNYVALE passed a Resolution of Local Support (Exhibit C) indicating it will provide its non-federal matching funds. WHEREAS, CUPERTINO's letter of support has been accepted and by virtue of the parties' execution of this Agreement, SUNNYVALE will provide PROJECT services to Cupertino under the terms of this Agreement; NOW, THEREFORE, the parties hereto agree as follows: SECTION I SUNNYVALE AGREES: 1) To provide PROJECT advertisement, bid procurement, contract award, contract administration, and all necessary construction engineering services for the PROJECT. 2) Prior to advertisement for construction of PROJECT, to submit plans and specifications to CUPERTINO for review and concurrence as to conformity to Page 1 of 4 CUPERTINO'S standards and/or existing facilities with respect to the portion of the PROJECT work scope that will be done in CUPERTINO. 3) To provide for the construction of PROJECT by contract in accordance with the mutually agreed upon plans and specifications. 4) To provide one hundred percent (100%) of the expense of preparation of plans and specifications, construction engineering, construction costs and necessary traffic signal equipment purchase required to complete the PROJECT, offset by the partial reimbursement by CUPERTINO as set forth below. Currently, the total PROJECT cost estimate is $1,265,000. 5) To operate and maintain the PROJECT upon completion. SUNNYVALE shall pay for all costs of maintenance and operation of the traffic control signal system and safety lighting. SECTION II CUPERTINO AGREES: 1) Prior to award of contract for construction of PROJECT, CUPERTINO shall review the plans and specifications for conformity to CUPERTINO'S standards and/or existing facilities for the portion of the PROJECT that will be located within CUPERTINO. 2) Upon completion of PROJECT, CUPERTINO shall reimburse SUNNYVALE ten percent (10%) of the total PROJECT cost, but in an amount not to exceed 126,500, within thirty (30) days of invoicing from SUNNYVALE. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1) SUNNYVALE shall not approve a contract for the construction of PROJECT until after receipt of CUPERTINO'S approval of the plans and specifications required in SECTIONS I and II, above. 2) Neither SUNNYVALE nor any officer, agent or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted by CUPERTINO under or in connection with any work, authority, or jurisdiction delegated to CUPERTINO under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CUPERTINO shall fully indemnify and hold SUNNYVALE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted by CUPERTINO under or in connection Page 2 of 4 with any work, authority or jurisdiction delegated to CUPERTINO under this Agreement. 3) Neither CUPERTINO nor any officer, agent or employee thereof shall be responsible for and damage or liability occurring by reason of anything done or omitted by SUNNYVALE under or in connection with any work, authority or jurisdiction delegated to SUNNYVALE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, SUNNYVALE shall fully indemnify and hold CUPERTINO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reasons of anything done or omitted by SUNNYVALE under or in connection with any work, authority or jurisdiction delegated to SUNNYVALE under this Agreement. 4) Should any portion of PROJECT be financed with Federal funds or State Gas Tax funds, all applicable procedure and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 5) In the construction of the work, SUNNYVALE will furnish a representative to perform the usual functions of a Resident Engineer. CUPERTINO may, at no cost to SUNNYVALE, furnish a representative, if they so desire. The representative and Resident Engineer will cooperate and consult with each other, but the orders of SUNNYVALE'S engineer shall be final. 6) If existing public and private utilities conflict with the construction of PROJECT, SUNNYVALE and CUPERTINO will make all necessary arrangements with the owners of such utilities for their removal, vacation or relocation. Encroachment permits will be issued by either SUNNYVALE or CUPERTINO, depending upon the location of the utility for which removal is required by the PROJECT. All private utilities and public utilities not owned by either SUNNYVALE or CUPERTINO, shall be required to remove or relocate at their own cost. The cost of removing or relocating public utilities owned by either SUNNYVALE or CUPERTINO shall be shared equally by the two cities. 7) CUPERTINO hereby grants to SUNNYVALE and its agents and contractors all necessary authority to perform the PROJECT, as approved by CUPERTINO, within the boundaries of CUPERTINO, any and all work required to perform the terms of this Agreement, as approved by CUPERTINO, and agrees to provide such documentation as may be required by CUPERTINO to confirm such authority. Page 3 of 4 CITY OF CUPERTINO CITY OF SUNNYVALE By: By: -J `L City Manager City Manager Attest Attes City Clerk S^Z(`' City Clerk APPROVED AS TO FORM: APPROVED A5 TO FORM: City Attorney City Attorney Page 4 of 4 Exhibit A Santa Clara Valley aura Transportation Authority Vehicle Emissions Reductions Based at Schools VERBS) FY2018-22 Application INCLUDES: Section One - Project Overview Section Two - Project Details Section Three - Project Narrative VERBS Application SECTION ONE PROJECT OVERVIEW Homestead Road @ Homestead High School Pedestrian Project Title and Bicycle Improvements Project Location Intersection of Homestead Road &South Mary Avenue Limits Homestead Road between Mackenzie Drive and Kennewick Drive including influence areas on all approaches within 250 ft. Detailed Description This is a joint project with the City of Cupertino, the Fremont Unified High School District, the Homestead High School and the City of Sunnyvale. The proposed improvements at Homestead Road/Mary Avenue and Homestead Road/Kennewick Drive intersections, will update the phasing from 6 phase to 8 phase at the Mary Avenue intersection, allowing protected left turns for the Project Description Summary northbound and southbound directions and timing the Specify need and expected outcome) pedestrian crosswalks concurrently; tighten the radius of the south-west corner of the intersection, shortening the south and west pedestrian crosswalks; provide direct path for bicycles to high school from EB Homestead Road to Mary Avenue Bridge Trail, install high visibility crosswalks in all directions, install accessible pedestrian system push buttons; upgrade existing traffic signal to allow for in and out circulation at Kennewick Drive signal and install high visibility crosswalks. Additionally, the project will install green buffered bike lane between McKenzie Drive and Mary Avenue on the south side, install green buffered bike lane between Mary Avenue and Kennewick Drive on the north side (south side already has a green buffered bike lane), and update bicycle specific detection in all directions. Grant Amount Requested (min $500,000) $1,000,000 Fiscal Year (FY) Grant Funds Requested 2018-19 Local Match (11.47% Min) 265,000 Total Project Cost 1,265,000 Member Agency City of Sunnyvale Page 1 VERBS Application Contact Person Shahid Abbas Address 456 W. Olive Avenue, Sunnyvale, CA 94086 Email Address sabbas@sunnyvale.c.ca.gov Phone 408) 730-7330 Other Project Partners City of Cupertino, the Fremont Unified High School District, and the Homestead High School. Page 12 VERBS Application SECTION TWO PROJECT DETAILS PROJECT TITLE: Homestead Road @ Homestead High School Signal Modifications and Pedestrian and Bicycle Improvements AGENCY NAME:Agency with day-to-day responsibility for implementing PROJECT) City/Town of: Sunnyvale PROJECT MANAGER: (Person who can answer questions about the PROJECT) Name: Shahid Abbas Title: Transportation Manager Phone: 408) 730-7330 Email: sabbas@sunnyvale.ca.gov ROADWAY CLASSIFICATION AND SITED SOURCE: Homestead Road is classified as an Other Principal Arterial and South Mary Avenue is a Minor Arterial according to the California Roadway System map developed by Caltrans with FHWA approval. PROJECT SCHEDULE: Project Phase: ENVIRON DESIGN ROW CON Start Date (MM/YY): 1 12018-2019 2019-2020 Any schedule change requires VTA prior approval. PROJECT COST BY PHASE: (Dollars rounded to nearest thousands) Funds Requested: 0 1M Local Match: 213,000 52,000 Total cost/phase: 213,000 1,052,000 Match % (xx.xx%): 100% 5% CRITICAL EXPECTED/ACTUAL SUBMITTAL DATES: (where applicable) Field Review: 01/01/2019 PES Form: 01/01/2019 PES: Exhibit 6-A Preliminary Environmental Study ROW/Permits: CON E-76 Packet' 03/01/2019 Deadline: November 1 of programmed year N PROJECT IS A STAND-ALONE PROJECT. PROJECT IS PART OF A LARGER PROJECT. (Describe larger project: Provide project title, identifying ID numbers, total project cost, larger project schedule and impact on THIS project schedule.) Page 13 VERBS Application SECTION THREE PROJECT NARRATIVE Use Section Three to respond to the Evaluation Criteria and Procedures for the Infrastructure Improvements found in Attachment A) SCREENING CRITERIA Provide Letters of Support from school officials, school-based associations, local traffic engineers, local elected officials, law enforcement agencies, and any other stakeholders that will inform the evaluation process and any ancillary information that will inform the evaluation process. SCORING CRITERIA 1. Infrastructure improvements to school access (Proof of current conditions and map included?) This joint project with the City of Cupertino, the Fremont Unified High School District, the Homestead High School and the City of Sunnyvale will make improvements at the Intersections of Homestead Road South Mary Avenue and Homestead Road & Kennewick Drive is located directly adjacent to Homestead High School, and is partially located in the City of Cupertino Right-of-Way. Both traffic signals are owned and operated by the City of Sunnyvale. At the intersection of Mary Avenue, the south leg of the intersection serves as the entrance point to the school and leads to the Staff and visitor parking area. In the morning, parents also use this parking lot as a student drop off zone. Additionally, there is a Bike Path that runs north-south from Mary Avenue Bicycle and Pedestrian Bridge to Mary Avenue Intersection. At the intersection of Kennewick Drive, the south leg of the intersection serves as the entrance point to student parking lot. The surrounding area is primarily residential, with posted 35 mph speed limit on Homestead Road and Mary Avenue, and 25 mph on Kennewick Drive. As a result, there is a lot of pedestrian, bicycle, and vehicular traffic that passes through both intersections, especially in the morning and afternoon school peak hours. Currently, the intersection of Homestead Road and Mary Avenue operates as a 6 phase, with protected left turns in the eastbound and westbound directions, and split phasing in the northbound and southbound directions. The northbound and southbound pedestrian crosswalks are also working in split phase operation, and are timed with each respective vehicular direction (i.e. east crosswalk with NB movement and west crosswalk with SB movement). Due to split phase operation of the crosswalks and the wide crossing distances, the current cycle length is very long, which results in excessive delays and queues for the vehicular traffic and student traffic that are coming to and from school. The excessive delays increase the risk of pedestrians crossing the road to the school without waiting the walk signal creating unsafe situations for all roadway users. The proposed improvements at this intersection, will update the phasing from 6 phase to 8 phase, allowing protected left turns for the northbound and southbound directions, and timing the pedestrian crosswalks concurrently. Additionally, the improvements include tightening the radius of the south- west corner of the intersection, installation the connector from Homestead Road to Mary Avenue Bridge bike trail to provide a quicker access to the trail and to reduce pedestrian/bicycle conflict at the intersection, shorten the south and west pedestrian crosswalks, installation of the high visibility crosswalks in all directions, installation of accessible pedestrian system push buttons, installation of Page 14 VERBS Application buffered bike lane and green pavement along Homestead Road between MacKenzie Drive and South Mary Avenue and between Mary Avenue and Kennewick Drive on the north side of the roadway, to match the south side. As part of the separate project and the City's ongoing effort and commitment to make a bicycle friendly community, a green bike lane with a bike box will be installed along South Mary Avenue, north of Homestead Road. The intersection of Homestead Road and Kennewick Drive, currently operates as a 5-phase intersection, with protected left turns in the eastbound and westbound directions, and only one southbound phase. This entrance is used by both, students who are looking for parking and parents who are dropping off their kids. In the AM peak hour,there is a heavy volume of vehicles entering and leaving this parking lot, with vehicles that are leaving,turning right on Homestead Road and immediately left on Kennewick Drive. This results in delays and backup on school parking lot and on Homestead Road, as vehicles are blocking through lanes. The proposed improvements at this intersection will update signal phasing from 5-phase to 6-phase, allowing for either split operation or permissive operation for the Northbound and Southbound movement. Because currently the northbound movement does not exist, the project will install the traffic signal infrastructure for future reconfiguration of the school parking lot by the school. With reconfiguration the vehicular traffic will be able to exist the parking lot at a signalized intersection, reducing the traffic exiting and entering the secondary driveway, and thus reducing conflict zones with traffic traveling along Homestead Road. Additionally to signal modification, the current project will install high visibility crosswalks in all directions, install accessible pedestrian system push buttons, and install countdown pedestrian signal heads. In December of 2016 the City of Cupertino along with Alta Planning+ Design consultant, conducted a walk audit, which outlined most of the improvements described above. The city of Sunnyvale also conducted several meetings between the City of Cupertino, Cupertino School District, and Homestead High School officials, to discuss the improvements and seek comments. As a result of this effort,the above mentioned improvements have been revised and are depicted in the Figure 1. 2. Air Quality Improvements The project is proposing to reduce vehicular emissions by reducing vehicular delays and queues at both intersections. Furthermore, the project will enhance the safety, convenience, and comfort for the students and their families walking and biking to school, and will encourage others to use other mode of transportation, such as bicycle, or walk to school. 3. Gap Closure/Connectivity(Map included?) The project proposes to shorten the crossing distances for pedestrians crossing the west and south crosswalks, as well as installation of green bike lanes and green dashed transition along north leg of South Mary Avenue. Page 1 5 VERBS Application Additional gap closure includes installation of buffered bike lane on the north side of the street between South Mary Avenue and Kennewick Drive, to match what is already installed on the south side of the street, and providing a connector for bicycles to enter Mary Avenue Bridge trail. See Figure 1 for proposed intersection improvements. 4. Safety The project is proposing to shorten the crossing distances for pedestrian which in turn reduce the pedestrian-vehicular conflict, reduce the vehicular to vehicular conflict by reconfiguring entrance and exit points, install accessible pedestrian systems pedestrian detectors, provide up to date signage, install high visibility crosswalks, green bike lanes, buffered bike lanes, and install up to date bicycle specific detection. Enhanced bicycle lanes are planned for Homestead Road as part of the project. The bike lane enhancements will include buffer bike lanes and/or colored bike lane treatments.The National Association of City Transportation Officials (NACTO) website lists several safety benefits of colored bike facilities based on an analysis of previous installations including: Increases the visibility of bicyclists. Increases motorist yielding behavior. Helps reduce bicycle conflicts with turning motorists. In addition, NACTO recommends the use of buffered bike lanes for roadways with high travel speeds. These bicycle lane enhancements are expected to increase bike ridership within the project area, while increasing safety for bicycle riders. 5. Local Match This joint project with the City of Cupertino, the Fremont Unified High School District, the Homestead High School and the City of Sunnyvale. The 21% local match will be equally split between the City of Cupertino and the City of Sunnyvale. 6. Project Readiness (within 5 years) The Homestead High School Walk Audit Recommendations was completed in December of 2016 which provides recommendations for improvements. The next step in the process is to prepare the environmental documents which can begin immediately once funding has been granted. No additional R-O-W will be required for the project improvements and the project can be implemented relatively quickly. 7. Community of Concern (Map included?) The project is not location within a Community of Concern. Page 1 6 VERBS Application 8. Local Plans(s) The current project is part of the City of Sunnyvale Bicycle Plan and General Plan. The City of Cupertino will incorporate all Walk Audit recommendations including the one Alta provided for Homestead High School into their Pedestrian Master Plan that is currently being updated. Page 1 7 J 1 i O O cn I U Z W W maa ao I 1 j j I I o N j mg NOIM3NN3N I l_ 1 I 1 I I Q a o O axo 1 I I I I I oj Q W a. ca I L F— gnm Wa5wWJ r--- ----7 0 I I 0 Q 0 Z q I Q Q I I O z m=wa Q o~ 0 I I I I 'Al1_Rw I Z m Oai W (n 1 I 1 _"kr'' I WwMm H W C 0 1 I >(" I 05 W W I ao o O I II c ww I I: 1 Z o WmY I I N J 3 Sao 1 1DI 1 y==< 1 i_sl I I oa L ---- — I x on 1 3AVAaVW I I I ct E<=a 1 I 1 I Mm.0 I Y 1 1 JLd ZCKowa M O 1 wz L------------- ------- ---------J mm. zjz U)mZo i 1 I z c yi' w a g zo~_ I oCOI) zoy 1 I I OILmE 0ZUI I I am coic aka 61131ZIDOM 1 1 N j W o a W j I I ? 5} Yw z; m S I a oxo11smo I 1 o Ir I I ago11 In Exhibit B CITY OF City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 408)777-3193 FAX(408)777-3366 CUPERTINO PUBLIC WORKS DEPARTMENT April 28, 2017 Shahid Abbas Transportation and Traffic Manager Department of Public Works City of Sunnyvale 456 W Olive Avenue Sunnyvale, CA 94086 RE: Vehicle Emissions Reduction Based at School (VERBS) Grant Application for the City of Sunnyvale Dear Mr. Abbas, I am writing to express my strong support for the City of Sunnyvale VERBS Program Grant Application for the Homestead Road/Homestead High School Improvements Project. We feel this project is incredibly important because the proposed improvements will help Homestead High School in the following areas: i 1. Increase the numbers of children who walk and bicycle to school 2. Reduce vehicle congestion at school 3. Contribute to a healthier environment by reducing motorized travel With the support of the VERBS program Partnership, the City of Sunnyvale, the City of Cupertino, the Homestead High School, and the Fremont Union High School District are looking forward to working together to reduce vehicular trips by making infrastructure improvements which will provide better access to the school and will inspire more children and their families to walk or bike to and from school. The City of Cupertino is committed to contribute up to,10% of the total project cost, subject to City Council approval. We are very ek'cited and look forward to this partnership and working with the City of Sunnyvale to realize the proposed improvements. Sincerely, Timm Borden Director of Public Works Exhibit C I eassft ol at;a,jrw Mpy RESOLUTION OF LOCAL SUPPORT J RESOLUTION NO. 861-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO METROPOLITAN TRANSPORTATION COMMISSION MTC) FOR HOMESTEAD HIGH SCHOOL AND PEDESTRIAN AND BIKE INFRASTRUCTURE IMPROVEMENTS AND COMMITTING THE NECESSARY NON-FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, City of Sunnyvale (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,919,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) j funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Homestead Road at Homestead High School Improvements and Pedestrian and Bike Infrastructure Improvements herein referred to as PROJECT) for the One Bay Area Grant Cycle 2 (OBAG 2) for Vehicle Emission Reductions Based at Schools (VERBS) (herein referred to as PROGRAM); and WHEREAS,the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality I Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set- aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, 182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and j the Regional Transportation Planning Agency(RTPA); and i WHEREAS,pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and T-DPW-170203/24049 2 1 Council Agenda: 1-23-18 Item No.: 11 WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: i. the commitment of any required matching funds;and ii. that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and iii. that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery PolicyMTCResolutionNo. 3606,revised); and iv. the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and V. that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and vi. that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and vii. that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA),MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and viii. in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC's Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and WHEREAS, the APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and T-DPW-170203/24049 2 2 Council Agenda: 1-23-18 Item No.: IT i WHEREAS, APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT asreferencedinthisresolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSUNNYVALETHAT: 1. APPLICANT will provide any required matching funds; and 2. APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING i for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and j 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation.projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrang, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and deliveryprocessforallFHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and 4. PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and 5. APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and 6. PROJECT will comply with the requirements as set forth in MTC programming i guidelines and project selection procedures for the PROGRAM; and 7. In the case of a transit project, APPLICANT agrees to comply with the- requirements of MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866,revised; and i T-DPW-170203/24049 2 3 Council Agenda: 1-23-18 Item No.: 1.F 8. In the case of a highway project, APPLICANT agrees to comply with the requirements of MTC's Traffic Operations System (TOS) Policy as set.forth in MTC Resolution No. 4104; and 9. In the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC's funding agreement with the countywide transportation agency; and 10. APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and 11. APPLICANT ' is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and 12. There is no legal impediment to APPLICANT making applications for the funds; and 13. There is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT,or the ability of APPLICANT to deliver such PROJECT; and 14. APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and 15. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and 16. The MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming. T-DPW-170203/24049 2 4 Council Agenda: 1-23-18 Item No.: 11 Adopted by the City Council at a regular meeting held on January 23, 2018, by thefollowingvote: AYES: HENDRICKS, KLEIN, LARSSON, GRIFFITH, MELTON, SMITH, GOLDMANNOES: NONE ABSTAIN: NONE ABSENT: NONE RECUSAL: NONE ATTEST: APPROVED: a 4KATLEE RANCO City Clerk NS G` ENN HENDRICKS( SEAL) Mayor APPROVED AS TO FORM: ROBERT L. BOCO Sr. Assistant City Attorney I i I i T-DPW-170203/24049_2 5 Council Agenda: 1-23-18 Item No.: IT r June 7, 2019 Sunnyvale City Hall 456 West Olive Avenue Sunnyvale,CA 94088-3707DavidStillman TDD/TYY 408-730-7501 Transportation Manager sunnyvale.ca.gov Public Works 408) 777-3249 Re: Cost—Sharing Agreement—City of Sunnyvale and City of Cupertino, VERBS Project at Homestead High School Enclosed is one fully executed contract for the above-stated agreement for your records. If you have any questions or need additional information,please contact Carmen Talavera at Public Works Department at 408-730-7522. Sincerely, 1 i Lynette Jaramillo Principle Office Assistant City of Sunnyvale Heart of Silicon Valley"" Bike Plan Ped Plan Bike Plan Ped Plan Feasibility Study Design Construction Changes in Scope Bike Plan Ped Plan Feasibility/ Concept Study Design Construction Comments Prior Years Funding Proposed FY19/20 Grants Donations Bicycle Pedestrian Commission City Council 1 Tier 1 (Score 91) Project Title: Class IV Separated Bikeway N/A Conceptual design completed 65% Complete $171,555 $1,628,445 Phase 1 $1,800,000 $1.8M from Apple 10/18 15 Tier 1 (Score 55) Project Title: Configure Intersection - Wolfe Rd/Stevens Creek Blvd N/A Program Level estimate only 2 2 Tier 1 (Score 80) Project Title: Class IV Separated Bikeway Tier 2 (Score 75) Project Title: Sidewalk - McClellan Road, north side, Hwy 85 to Rose Blossom Conceptual design completed Complete between Imperial and Stelling. In progress between Imperial and Stelling $286,000 $158,000 $426,182.00 2,122,574‬Phase 1A - Stelling to Imperial;$430,000 $1M VERBS, $55K local TFCA, $85,822 regional TFCA, $157,237 DIL for De Anza/Pacifica Intersection $2,000,000 from Apple 7/17, 8/17, 10/17,11/17, 1/18, 10/18 5 N/A Tier 1 (Score 70) Project Title: Configure Intersection - McClellan Rd/Stelling Rd N/A Complete Construction Starts 6/17/19 $550,000 N/A $0 $1,581,920 Phase 1B - Intersection Imps Bubb & Stelling; Design Costs included in Phase 1A 8 N/A Tier 1 (Score 68) Project Title: Configure Intersection - McClellan Rd/Westacres/Kim St N/A Complete In-Progress Project Limits and scope under review $200,000 N/A $148,000 $1,475,000 Phase 2 - Stelling to Torre 14 8 Tier 2 (Score 56) Project Title: Configure Intersection - De Anza Blvd/McClellan Rd Tier 2 (Score 60) Project Title: Reconfigure intersection - De Anza Blvd at McClellan Rd Complete Not Started Project Limits and scope under review $200,000 $9,707,000 $247,000 $1,814,100 Phase 3 - De Anza/Pacifica Intersection;$160,000 from Apple 21 N/A Tier 3 (Score 33) Project Title: Class II Bike Lane - Pacifica Dr, De Anza Blvd to Torre Ave N/A Complete Not Stareted Design depends on ROW Acquisition $11,000 N/A $130,000 $888,000 Phase 4 - Byrne to Imperial Bike Boulevards (General - see detail below)Neighborhoods #1 through #7 N/A N/A Conceptual design completed N/A $52,537 regional TFCA 6/17 Project update on 2/6/2018 6 N/A Tier 1 (Score 70) Project Title: Class III Bike Blvd - Portal Ave Bike Blvd (#5) N/A $35,000 N/A $34,000.00 12 11 Tier 2 (Score 60) Project Title: Class III Bike Blvd - Mary Ave to Portal Ave Bike Blvd (#4) Tier 3 (Score 45) Project Title: Construct curb extensions - Bandley Dr at Mariani Ave $75,000 $217,000 $68,000.00 17 N/A Tier 2 (Score 52) Project Title: Reconfigure Wall/Fence - Greenleaf Dr/Mariani Ave N/A $25,000 N/A $34,000.00 21 9 Tier 3 (Score 28) Project Title: Class III Bike Route - Civic Center to Creekside Park Bike Route (#2) Tier 2 (Score 60) Project Title: Reconfigure intersection - Torre Ave at Town Center Lane $3,000 $271,000 $5,500.00 $68,365.00 12 Tier 2 (Score 60) Project Title: Class III Bike Blvd - Mary Ave to Portal Ave Bike Blvd (#4) N/A $75,000 $68,000.00 18 Tier 2 (Score 52) Project Title: Class III Bike Blvd - Civic Center to Jollyman Park Bike Blvd (#1) N/A $43,000 $5,500.00 Neighborhood #6 3 Tier 1 (Score 75) Project Title: Class III Bike Blvd - Tri School East/West Bike Blvd (#7) Conceptual design completed Design to be revisited with input from neighborhood $33,000 N/A $23,575.00 $293,037.25 7 Tier 1 (Score 69) Project Title: Class III Bike Blvd - West Cupertino North/South Bike Blvd (#9) $32,000 $24,400.00 $303,292.00 13 Tier 2 (Score 59) Project Title: Class III Bike Blvd - Tri-School North/South Bike Blvd (#8) $38,000 $4,400.00 $54,692.00 Bicycle Wayfinding Program N/A N/A N/A N/A N/A Complete N/A N/A N/A $60,000 $65k proposed Design complete $60,000 $65,000 8/17, 9/17 $469,000.00 TDA Article 3 = $166,259 $10,000,000 (through construction) Sources of Funding $70,000 Design to be revisited with input from neighborhood N/A $300,000 (Study only) Current Estimated Cost N/A Total Design Costs = $170,000 Budget 6/20/2017 6/20/2017 Public Hearing Bids rejected on 5/7/19 $242,941 Constructino of a bicycle/pedestrian bridge across Stevens Creek Blvd at Carmen Rd $100,000.00 3/6/2018 10 N/A N/A 3/18, 1/19, 2/19, 3/19 3/18, 1/19, 2/19, 3/19 $2,113,000.00 Tier 2 (Score 52) Project Title: Class III Bike Blvd - Civic Center to Sterling Barnhart Park Bike Blvd (#2) None to-dateIn Progress Yes $100,000 added at mid-year FY 2018/19 Cost estimate based on May 29, 2019 consultant estimate + 10% construction contingency, $100,000 in utility relocation and $100,000 in "other improvements" $1,876,000.00 $100,000 100% Complete Conceptual design completed $565,565.00 Cross Reference Neighborhoods #1 and #5 Spot Improvements within Neighborhoods #3 and #7 Neighborhood #2 Bike Boulevards - Phase 1 Bike Boulevards - Phase 1A N/A 5 Bike Boulevards - Phase 3 N/A Bike Boulevards - Phase 2 Carmen Road Pedestrian/Bicycle Bridge N/A Project Narrative Construction of Class IV bike lanes along Stevens Creek Blvd between Foothill Blvd and Tantau Avenue. Includes traffic signal mofications throughout Construction of Class IV bike lanes along McClellan Rd between Byrne Ave and Torre Ave. Includes traffic signal mofications at Bubb Rd, Stelling Rd and De Anza Blvd Status of Project Conceptual design completed Bulb-outs to be completed with pop- ups until project rebid 100% Complete; bids rejected. Conceptual design completed Class IV Separated Bike Lanes - McClellan Phase 1A - Stelling to Imperial; Phase 1B - Intersection Imps Bubb & Stelling; Phase 2 - Stelling to Torre Phase 3 - De Anza/Pacifica Intersection; Phase 4 - Byrne to Imperial Priority Assigned in: Class IV Separated Bike Lanes - SCB Phase 1: Wolfe to Tantau Phase 2: Wolfe to Hwy 85 Phase 3: Hwy 85 to Foothill N/A Tier 2 (Score 62) Project Title: Grade Separated Crossing Study Tier 1 (Score 70) Project Title: Grade Separated Crossing 11 Project Name Original Estimate at Concept N/A $68,365.00 N/A N/A N/A $5,500.00 N/A $4.120,000 Phase 2: $1,900,000 Phase 3: $2,000,000 $7,266,000 Bike Plan Ped Plan Bike Plan Ped Plan Feasibility Study Design Construction Changes in Scope Bike Plan Ped Plan Feasibility/ Concept Study Design Construction Comments Prior Years Funding Proposed FY19/20 Grants Donations Bicycle Pedestrian Commission City Council Historic De Anza Trail Study Construction of a bicycle-pedestrian shared-use path along the UPRR right-of-way within Cuupertino city limits 4 10 Tier 1 (Score 71) Project Title: Class I Path - Union Pacific Trail Tier 2 (Score 60) Project Title: Shared-use path - UPRR trail $1,678,000 $1,678,000 $250,000 Mary Avenue Buffered Bike Lane 16 N/A Tier 2 (Score 55) Project Title: Class II Buffered Bike Lane - Mary Ave N/A $100,000 N/A $6,837 $68,365 $165,000 from Apple Homestead Road @ Homestead High School Pedestrian and Bicycle Improvement Project Roadway and traffic signal improvements along the Homestead Road frontage of Homestead High School. Project is being completed through a VERBS grant administrered by the City of Sunnyvale with cooperation from the City of Cupertino 19 N/A Tier 2 (Score 49) Project Title: Trail Crossing - Homestead Rd/Mary Ave N/A $10,000 N/A Project is being funded through a VERBS grant administered by the City of Sunnyvale. Cupertino to contribute $126,500 from Walk Audit CIP $1,000,000 VERBS grant and $126,500 from Sunnyvale McClellan Road Sidewalk Installation Phase 2 N/A 1 N/A Tier 1 (Score 80) Project Title: Sidewalk - McClellan Rd, San Leandro to Orange Complete Complete Substantial Completion N/A $2,040,000 $343,000 891,710 Several properties opted out $2,035,000 $2,465,000 from Apple Orange Ave and Byrne Ave Sidewalk Installation Construction of sidewalks along Orange Avenue between Granada and Alcazar N/A 3 N/A Tier 1 (Score 75) Project Title: Sidewalk - Orange Ave, Granada to Alcazar Complete 65% Design Complete, awaiting ROW Acquisition Scheduled Start Fall, 2020 Design changes based on ROW Acquisition N/A $2,000,000 $57,062 255,234 2,350,000 Construction estimate based on Byrne estimate + escalation Design costs were shared with Orange Save through 65% includes $85,000 for each street ROW svcs Orange Ave and Byrne Ave Sidewalk Installation Construction of sidewalks along Byrne Ave between McClellan and Granada N/A 4 N/A Tier 1 (Score 70) Project Title: Sidewalk - Byrne Ave, McClellan to Granada Complete 95% Design Complete Scheduled Start Fall, 2019 Design changes based on ROW Acquisition N/A $2,000,000 $57,062 244,080 2,200,000 Construction estimate based on HMH estimate dated 5/19/19 + 10% for CM Services Design costs were shared with Orange Save through 65% includes $85,000 for each street ROW svcs School Walk Audit Implementation N/A N/A N/A N/A N/A N/A $1,767,094 $250,000 $1,221,863 from Apple 8/17 Bubb Road Improvements N/A N/A N/A N/A N/A N/A $1,980,000 from Apple Linda Vista Trail N/A N/A N/A N/A N/A N/A $595,500 8/17 Sources of Funding Public Hearing Project Name Project Narrative Cross Reference Priority Assigned in:Status of Project Original Estimate at Concept Current Estimated Cost Budget $1,275,438$3,888,000 No Tier 2 (Score 48) Project Title: Class I Path - Regnart Creek Path $380,000 design and environmental clearance $2,000,000 3/18, 4/19Complete65% Design Plans $158,000.00$664,000 $2,100,000.00 $250,000.00 20 Tier 1 (Score 70) Project Title: Shared-use path - Regnart Creek Trail 7 $2,293,000 Tier 1 (Score 67) Project Title: Class I Path - I- 280 Channel Bike Path DIL Funding : Apple Campus 2 = $250,000, Hyatt House = $66,000, Interest = $3,650, TOTAL = $319,650 Complete $2,293,000 No $250,000 for feasibility study and $1,800,000 for design from Apple 6 Constsruction of a bicycle-pedestrian shared-use path along the Junipero Serra Channel between the Don Burnett Bicycle Pedestrian Footbridge and Calabazas Creek, and along Calabazas Creek between the Junipero Serra Channel and Vallco Parkway Regnart Creek Trail Junipero Serra Trail Construction of a bicycle-pedestrian shared-use path along Regnart Creek between Pacifica Dr and E. Estates Dr 9 Tier 1 (Score 70) Project Title: Shared-use path - Junipero Serra Trail 595,500 Feasibility Study approved on 8/21/2018 Project Updates on 3/21/18 and 10/17/18. Recommendation for approval on 12/19/18. Feasibility Study approved on 2/5/19 and corrected on 5/21/19 1 CITY COUNCIL STAFF REPORT SUPPLEMENTAL 1 Meeting: April 13, 2023 Agenda Item #2 Subject Consider ratifying Accounts Payable for the periods ending February 10, 2023; February 17, 2023; February 24, 2023; and March 3, 2023. Recommended Action A. Adopt Resolution no. 23-XXX ratifying Accounts Payable for the Period ending February 10, 2023; B. Adopt Resolution no. 23-XXX ratifying Accounts Payable for the Period ending February 17, 2023; C. Adopt Resolution no. 23-XXX ratifying Accounts Payable for the Period ending February 24, 2023; and D. Adopt Resolution no. 23-XXX ratifying Accounts Payable for the Period ending March 3, 2023 Background: Staff’s responses to questions received from councilmembers are shown in italics. Q1-Q6: Councilmember question (Chao) Q1: Shouldn’t the Homestead High School Bike/Ped improvements be charged to the Transportation or Traffic Fund instead of the General Fund? If not, why? Staff response: This question is unrelated to the agenda item. Budget-related questions will be 2 addressed when the City Manager’s proposed budget is considered by Council. Q2: Does this large amount get counted in actuals spent for bike/ped enhancements? Staff response: This question is unrelated to the agenda item. Budget-related questions will be addressed when the City Manager’s proposed budget is considered by Council. Q3: Shouldn’t the Parks & Rec brochure come out of their Recreation Program Fund instead of the General Fund? If not, why? Staff response: This question is unrelated to the agenda item. Budget-related questions will be addressed when the City Manager’s proposed budget is considered by Council. Q4: What does the description “General Fund HSG – Q2” mean? Staff response: HSG is Cupertino’s Human Services Grant Program (HSG). Annually, the City of Cupertino budgets $125,000 to issue grants to non-profit agencies providing needed services to Cupertino residents. These grants are paid for from General Fund dollars. Q5-Q7: Councilmember questions (Mohan) Q5: What do we pay ABAG $10,158 for? (2/1/23) Staff response: The City pays the Association of Bay Area Governments (ABAG) for natural gas. ABAG POWER conducts pooled purchasing of natural gas on behalf of local governments and special districts in the Bay Area who voluntarily join our program. Q6: Maitri $5504 (2/21/23) -that's a social services agency, right? Staff response: Maitri is a nonprofit organization based in the San Francisco Bay Area that primarily helps families and individuals from South Asia (Afghanistan, Bangladesh, Bhutan, India, Nepal, Pakistan, Sri Lanka, and the Maldives) facing domestic violence, emotional abuse, cultural alienation, or family conflict. Maitri provides case management services and housing search assistance to adult residents of Cupertino. Q7: 2/15/23, City paid City of San Jose $42,968 for animal services? Staff response: The City pays the City of San Jose for animal control services. The City of San Jose’s Animal Care and Services provides shelter and field services to residents of Cupertino, as well as to residents of San Jose, Los Gatos, Milpitas, and Saratoga. 3 Attachments Provided with Original Staff Report: A. Draft Resolution 2.10.23 B. Weekly AP Payment Register for the Period Ending 2.10.23 C. Draft Resolution 2.17.23 D. Weekly AP Payment Register for the Period Ending 2.17.23 E. Draft Resolution 2.24.23 F. Weekly AP Payment Register for the Period Ending 2.24.23 G. Draft Resolution 3.3.23 H. Weekly AP Payment Register for the Period Ending 3.3.23