CC 10-17-2023 Oral Communications (2)CC 10-17-2023
Written Communications
Oral
Communications
From:Rhoda Fry
To:City Council; City Clerk
Subject:City Council October 17 Non-Agenda Comment
Date:Tuesday, October 17, 2023 3:02:13 PM
Attachments:23-094 Service Order (2).pdf
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Dear City Clerk, please include the below and attached for City Council October 17 Non-
Agenda Comment
October 17, 2023
Dear City Council,
Many of you ran your campaigns on TRANSPARENCY.
I am asking for you to uphold your campaign promises.
I have 3 transparency asks and 3 fiscal asks.
Transparency asks:
1. Record the Parks and Recreation meetings. The City Manager made a unilateraldecision to terminate recording these meetings. This is a policy decision that needs to bemade by Council. Especially because Staff is proposing sweeping changes to the SportsCenter and Golf Course, it is imperative that there is a record of these meetings beyondrudimentary minutes. We have been reimbursed $68 per hour for our video services toSilicon Valley Clean Energy. Are you telling me that we don’t have $2000 or so tocover our Parks and Rec meetings for a year?
2. I continue to be puzzled by the CDTFA audit and I am asking for candor from ourCity Staff. What did you know and when did you know it? The City stopped payingApple its share of taxes in Q1 of 2023. Consequently, we knew that we’d likely bepaying that money back. Yet in April 2023, Staff assumed that we would not be payingtaxes back in its budget estimates. Why? Why didn’t staff provide a pay-back scenario?Related News Articles:
Mahoney, L. (2023, August 30). Lawmakers ask Newsom to save Apple, eBay hometowns’ tax
deals (1). Bloomberg Tax. https://news.bloombergtax.com/daily-tax-report-state/lawmakers-
ask-newsom-to-save-apple-ebay-hometowns-tax-deals
Mahoney, L. (2023, September 7). San Jose fights California tax department over revenue from
eBay. Bloomberg Tax. https://news.bloombergtax.com/daily-tax-report-state/san-jose-fights-
california-tax-department-over-revenue-from-ebay
Mahoney, L. (2023, October 11). Confused Cupertino leaders prepare to repay tax from Apple
Sales. Bloomberg Law. https://news.bloomberglaw.com/tech-and-telecom-law/confused-
cupertino-leaders-prepare-to-repay-tax-from-apple-sales
3. Why is City Staff considering a new Sheriff building without direction fromCouncil? What happened to our work program? See attached.
Fiscal asks:
1. Cupertino should increase the business-license tax. Neighboring Cities have robustbusiness-license taxes. A head-tax is a business-license tax that is larger for businesseswith more employees. Mountain View’s maximum head-tax is $150 per employee. PaloAlto bases their business-license tax on square footage with a maximum of $500K peryear. Los Gatos bases theirs on gross receipts. The City of Santa Clara’s revisedBusiness license tax will raise $6M for that City annually. If we’re consideringincreasing sales-taxes and hotel taxeshttps://abc7news.com/google-head-tax-mountain-view-measure-p-did-
pass/5805822/#:~:text=(KGO)%20%2D%2D%20Mountain%20View's%20controversial,city's%20traffic%20and%20social%20services.https://www.cityofpaloalto.org/Business/Business-Tax-Implementation/Business-Tax-Ordinancehttps://www.losgatosca.gov/2800/Business-License-Modernization-Ballot-Mehttps://www.santaclaraca.gov/our-city/departments-a-f/finance/business-license-tax-2023-update
2. Cupertino needs to increase the percentage of property tax revenue that it receivesfrom the State. Cupertino is nearly last in Santa Clara in the percentage it receives inproperty-tax revenues.
3. My ask is that the Community SHOP IN CUPERTINO. For every $100 you spend ontaxable items in Cupertino, Cupertino gets a buck. SHOP SHOP SHOP!!!
Sincerely,
Rhoda Fry
Consultant:
Contact: Name: Katie Bipes Email:
Phone: 415.982.9130
Project:
Scope of Work:
City Project Management
Fiscal/Budget
Master Agreement Amount: 170,000.00
76,000.00
This Service Order: 7,500.00
0.00
86,500.00
Approvals
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund
for the above contract as estimated and that fund are available as of this date of signature.
City Finance:Date:
Management Analyst
City of Cupertino
MASTER AGREEMENT
SERVICE ORDER NO. 2
Total Previously Encumbered:
Evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, Sports Center, and
subsequently other target sites (Golf Course, Service Center and City Hall Annex).
iden7fy the menu of residen7al product types (market-rate and BMR) compa7ble with civic uses that are
marketable with accompanying top line product positioning and value estimates.
Iden7fy housing development op7ons based on market demand, rent levels (market and BMR), unit types and
mix, and the City’s program and services required on each parcel.
Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be
used to offset development and operating costs associated with public uses.
Iden7fy a menu of public/private partnership and project delivery approaches (i.e., financial tools and
structures) that can be used in the projects.
Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council.
Account No.: 420-99-047 700-702
Project Number: FVAR 002.01.01
Master Agreement # : 2023-031
Master Agreement Amount: $170,000.00
Effective Date: 8/29/2023
Agreement End Date: 12/31/2026
1787) Cumming Management Group, 475 Sansome St, Suite 700, SF, CA 94111
kbipes@cumming-group.com
Managing Department: Public Works Project Manager: Susan Michael
CIP Prelim Planning & Design - Cost Estimate for Sheriff's Bldg
CIP Manager:Date:
Total Liquidated Encumbrance:
Master Agreement Unencumbered Amount:
Consultant:Date:
City of Cupertino - Cumming Group, Inc.
Master Agreement Page 1 of 1 Service Order No. 2
John Olsson Sep 12, 2023
Sep 12, 2023
Sep 12, 2023
475 Sansome St., Suite 700 | San Francisco, CA 94111 | (415) 748-3080 | (415) 748-3090
www.ccorpusa.com
1
City of Cupertino – SHERIFF OFFICE
COST MANAGEMENT PROPOSAL
August 17th, 2023
Matt Morley – Assistant City Manager,
City Managers Office
10300 Torre Avenue
Cupertino, CA, 95014
Proposal No: 23-2362
RE: Sheriff Office, Cupertino, CA
Cost Management Services Proposal
Dear Matt:
Thank you for giving Cumming the opportunity to work with you on the above-mentioned project. Cumming has a long
history of working collaboratively with owners and developers across the United States. Our team members are skilled
in fostering an atmosphere of innovation, responsibility, responsiveness, and honest communication. Our proactive
approach, along with our communication skills, helps keep the entire team ever mindful of budget, risk, and schedule
parameters. We will work closely with all stakeholders within the team to ensure your project is delivered in a way that
exceeds your expectations.
Further to your request for provision of Cumming’s cost management services related to the New Sheriff’s Office
project, please find the following documents, for your review.
1)Project Understanding
2)Cost Management Scope of Services and Fee
3)2023 Hourly Rates
If we can answer any further questions, please do not hesitate to contact us.
Respectfully submitted,
Vaughan Clarke
Managing Director
Cost Management
vclarke@ccorpusa.com
C: 415-982-9130
475 Sansome St., Suite 700 | San Francisco, CA 94111 | (415) 748-3080 | (415) 748-3090
www.ccorpusa.com
2
City of Cupertino – SHERIFF OFFICE
COST MANAGEMENT PROPOSAL
1.SECTION 1 - PROJECT UNDERSTANDING
We understand the scope of work includes demolishing an existing building and the construction of a new 20,000 sf
single-story office building and associated sitework improvements in Cupertino, CA.
2.SECTION 2 - SCOPE OF SERVICES and FEE
Proposed Base Scope Services Include:
Prepare a single Statement of Probable Cost (SOPC) at the Feasibility stage.
Review, quantify, and price all available design documentation.
o Kick-off meeting with project team.
o Generate cost model including all direct construction and soft costs.
o Prepare a single revision to the SOPC based on project team feedback.
Exclusions:
Life cycle cost or total cost of ownership analyses.
Reconciliation with general contractor or 3rd party estimator.
Our Time and material fee, for the above service is $7,500. Based on hourly rates provided in Section 3. Below.
Our fees assume any required design information (including drawings, specifications, and reports) for the
performance of our work will be provided electronically at no cost to Cumming. PDF is the preferred electronic format.
The estimates will be presented in an industry standard or custom format to suit both design team’s review and
owner preference.
Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our scope
of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the scope of
the remaining service.
Please note we will require written authorization to proceed and acceptance of the proposed contract attached to this
letter. We are excited to work with you to provide comprehensive cost management services and look forward to the
opportunity to add value to your project.
Should this proposal be acceptable, please sign and return:
City of Cupertino
Authorized
Signature:
Print Name:
Print Title:
475 Sansome St., Suite 700 | San Francisco, CA 94111 | (415) 748-3080 | (415) 748-3090
www.ccorpusa.com
3
City of Cupertino – SHERIFF OFFICE
COST MANAGEMENT PROPOSAL
3.HOURLY RATES
2023 HOURLY RATES
COST MANAGEMENT
DISCIPLINE HOURLY RATE
Vice President $350.00
Managing Director / Director / Regional Director $300.00
Associate Director $225.00
Senior Cost Manager $200.00
Cost Manager $185.00
Assistant Cost Manager / Estimating Technician / Intern $125.00
SO_02 Cumming_sheriffs bldg cost
Final Audit Report 2023-09-12
Created:2023-09-12
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAdH1mTzCIfrC4AJEBi2K9ledJSu83PDIt
SO_02 Cumming_sheriffs bldg cost" History
Document created by Julia Kinst (juliak@cupertino.org)
2023-09-12 - 8:34:15 PM GMT- IP address: 216.198.111.214
Document emailed to John Olsson (jolsson@cumming-group.com) for signature
2023-09-12 - 8:35:17 PM GMT
Email viewed by John Olsson (jolsson@cumming-group.com)
2023-09-12 - 9:04:09 PM GMT- IP address: 213.188.78.87
Document e-signed by John Olsson (jolsson@cumming-group.com)
Signature Date: 2023-09-12 - 9:04:39 PM GMT - Time Source: server- IP address: 12.1.37.226
Document emailed to Susan Michael (susanm@cupertino.org) for signature
2023-09-12 - 9:04:40 PM GMT
Email viewed by Susan Michael (susanm@cupertino.org)
2023-09-12 - 9:26:06 PM GMT- IP address: 104.47.73.254
Document e-signed by Susan Michael (susanm@cupertino.org)
Signature Date: 2023-09-12 - 9:26:17 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Julia Kinst (juliak@cupertino.org) for signature
2023-09-12 - 9:26:19 PM GMT
Document e-signed by Julia Kinst (juliak@cupertino.org)
Signature Date: 2023-09-12 - 10:14:07 PM GMT - Time Source: server- IP address: 216.198.111.214
Agreement completed.
2023-09-12 - 10:14:07 PM GMT