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04-034 Goldfarb and Lipman AGREEMENT BETWEEN CITY OF CUPERTINO AND GOLDFAIZB &LIPMAN. FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT MALE AS OF Apri122, 2004, BETWEEN CITY OF CUPERTINO (hereinafter referred to .~s CITY), and GOLDFARB &LIPMAN (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, CITY intends to provide Le~~al Analysis of Potential Height. Setback and Density Initiatives (hereinafter referred to as Project) and, WHEREAS, CITY requires certain professional legal services in connection with Project (hereinafter referred as Services); and WHEREAS, Consultant is qualified and prepared to provide such Services; NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: ARTICLE 1 -SERVICES TO BE PERFC)RMED BY CONSULTANT 1.1 Specific Services and the associatf;d scope of services, payment, schedule, and personnel will be defined in specii is Task Order as mutually agreed by City and Consultant. 1.2 All Task Orders will by reference incorporate the terms and conditions on this Agreement, and become formal amendments hereto. ARTICLE 2 -COMPENSATION 2.1 Compensation for Consulting services performed under this Agreement shall be compensated for on a Cost Plus Fixed Fee basis. When using this basis of PC/DIR/CITY/FRMS/A92502 compensation, the City agrees to pity Consultant actual costs incurred, subject to an agreed upon Cost Ceiling, plus ~t Fixed Professional Fee (Fixed Fee). For purposes of this Agreement, the actual costs shall include: Direct Labor Cost Overhead Cost • Other Direct Costs (Direct l~Ton-salary Costs) Outside Services Labor rates shall be based on a normal 8-hour day, 40-hour week, with overtime paid for authorized work. Technicians, drafters, and support personnel are paid at one and one-half times their regular rate for overtime. Professional personnel are paid at their regular rate for overtime. Overhead Cost shall be the sum of Fringe Benefits and Indirect Costs. As a portion of the total compensation to be paid to Consultant, City shall pay a Fixed Professional Fee negotiated for each Task Order as profit for services rendered by Consultant covered by this Agreement and its Task Orders. The Fixed Fee may be increased for ad~3itional authorized services only by subsequent task order or amendment changing the scope of work: Definitions are as follows: a) Direct labor is salaries and wages paid to personnel for time directly chargeable to the project. Direct labor does not include the cost of Consultant's statutory and customary benefits, such as sick leave, holidays, vacations; and medical and retirement benefits nor the cost of the time of executive and administrative personnel and others whose time is not identifiable to the project. b) Fringe benefits include Consultant's statutory and customary benefits, such as sick leave, holidays, vacations, medical and retirement benefits, incentive pay, tuition, and ether costs classified as employee benefits. c) Indirect costs are allocations of costs that are not directly chargeable to a specific engagement and are commonly referred to as Consultant's overhead. Indirect costs include provisions for such things as clerical support, office space, light and heat, insurance, statutory and customary employee benefits, and the time of executive and administrative personnel and others whose time is not identifiable to the Le ag 1 Ana~sis of Potential Height. Setback and Density Initiatives Project or to any other project. Under no circumstances ca.n the same labor costs be charged as direct labor and also appear at th~~ same time as indirect costs, and visa versa. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 2 d) Other (non-labor) direct costs include such typical expenses as cost of transportation and subsistence, printing and reproduction, computer time and programming costs, identifiable supplies, and charges by reviewing authorities. e) Outside Services shall include all charges from outside consulting firms or subconsultants. 2.2 Reimbursement for mileage shall not exceed the prevailing Internal Revenue Service's standard mileage rate. 2.3 A Cost Ceiling will be established i'or each Task Order which is based upon estimated labor-hours and cost estimates. Costs as described above, comprising direct labor, overhead cost, and other direct costs, shall be payable up to a Cost Ceiling as specified in the Task Orcier. A Maximum Fee Ceiling, or Task Order Firm Ceiling, will also be established for each Task Order which includes the Cost Ceiling plus the Fixed Fee. 2.4 Consultant shall invoice City monthly for the actual costs incurred, and apro- ratedportion of the Fixed Fee for v~~ork-performed during the previous month. If the Maximum Fee Ceiling is reacht;d, the Consultant will complete the agreed- upon work for the Maximum Fee Ceiling. With City staff approval, labor hours may be reallocated within the tasks without renegotiation in such a manner so as not to exceed the Maximum Fee Cc;iling. 2.5 The Consultant shall provide the City with a review of the budget amounts when 75 percent of the Cost Ceiling for a.ny task has been expended. Consultant may request a revision in the Cost Ceili~lg for performance of this Agreement, and will relate the rationale for the revision to the specific basis of estimate as defined in the Scope of Services. Such notification will be submitted to the City at the earliest possible date. The authori~:ed Cost Ceiling shall not be exceeded without written approval of the City. 2.6 The fixed professional fee will not be changed except in the case of a written amendment to the Agreement, which alters the Scope of Services. City and Consultant agree to negotiate an in~~rease or decrease in Cost Ceiling and Fixed Fee for any change in Scope of Services required at any time during the term of this Agreement. Consultant will not commence work on the altered Scope of Services until authorized by City. 2.7 Direct labor rates are subject to revision to coincide with Consultant's normal salary review schedule. Adjustments in direct labor rates shall not affect the firm ceiling without prior written authorization of the City. 2.8 City shall pay Consultant in accordance with each Task Order for Services. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 3 2.9 Consultant shall submit monthly statements for Services rendered. City will make prompt monthly payments in response to Consultant's monthly statements. ARTICLE 3 -PERIOD OF SERVICE 3.1 Consultant's services will be performed and the specified services rendered and deliverables submitted within the time period or by the date stipulated in each Task Order. 3.2 Consultant's services under this Agreement will be considered complete when the services are rendered and/or final deliverable is submitted and accepted by City. 3.3 If any time period within or date by which any of the Consultant's services are to be completed is exceeded through rio fault of Consultant, all rates, measures and amounts of compensation and the t~~me for completion of performance shall be subject to equitable adjustment. ARTICLE 4 -CITY'S RESPONSIBILITIES. City will do the following in a timely marvier so as not to delay the services of Consultant. 4.1 Provide all criteria and full information as to City's requirements for the services assignment and designate in writing; a person with authority to act on City's behalf on all matters concerning the Consultant's services. 4.2 Furnish to Consultant all existing studies, reports and other available data pertinent to the Consultant's services, obtain or authorize, Consultant to obtain or provide additional reports and data as required, and furnish to Consultant services of others required for the performa~ice of Consultant's services hereunder, and Consultant shall be entitled to use a.nd rely upon all such information and services provided by City or others in performing Consultant's services under this Agreement. 4.3 Arrange for access to and make all provisions for Consultant to enter upon public and private property as required for• Consultant to perform services hereunder. 4.4 Perform such other functions as are indicated in each Task Order related to duties of City. 4.5 Bear all costs incident to compliance with the requirements of this Section. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 4 ARTICLE 5 -STANDARD OF CARE 5.1 Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is o rdinarily provided by a professional Consultant under similar circumstance and Co~isultant shall, at no cost to City, re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 6 -OPINIONS OF COST ANI) SCHEDULE 6.1 Since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or c-ver competitive bidding or market conditions or economic conditions, Consultan~'s cost estimate and economic analysis shall be made on the basis of qualification and experience as a professional. 6.2 Since Consultant has no control over the resources provided by others to meet contract schedules, Consultant's forecast schedules shall be made on the basis of qualification and experience as a professional. Consultant cannot and does not guarantee that proposals, bids or actual project costs will vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 7 -SUBCONTRACTING 7.1 No subcontract shall be awarded by Consultant until prior written approval is obtained from the City. ARTICLE 8 -CONSULTANT-ASSIGNF;D PERSONNEL 8.1 Consultant shall designate in writing an individual to have immediate responsibility for the performance c-f the services and for all matters relating to performance under this Agreement. Key personnel to be assigned by Consultant will be stipulated in each Task Ordt;r. Substitution of any assigned person shall require the prior written approval oFthe City, which shall not be unreasonably withheld. If the City determines th~it a proposed substitution is not responsible or qualified to perform the services thc;n, at the request of the City, Consultant shall substitute a qualified and responsible person. ARTICLE 9 -OWNERSHIP OF DOCUMENTS 9.1 All work products, drawings, data, .reports, files, estimate and other such information and materials (except proprietary computer programs, including source codes purchased or develope:d with Consultant monies) as may be C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 5 accumulated by Consultant to com~~lete services under this Agreement shall be owned by the City. 9.2 Consultant shall retain custody of all project data and documents other than deliverables specified in each Task Order, but shall make access thereto available to the City at all reasonable times the City may request. City may make and retain copies for information and reference. 9.3 All deliverables and other information prepared by Consultant pursuant to this Agreement are instruments of servr:ce in respect to this project. They are not intended or represented to be suitable for reuse by City or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant; and City shall indemnify and hold harmless Consultant against all claims, damages, losses, and expenses. including attorney's fees arising out of or resulting from such reuse. Any such verification or adaptation will entitle Consultant to further compensation at rates to be agreed upon by City and Consultant. ARTICLE 10 -RECORDS OF LABOR AND COSTS 10.1 Consultant shall maintain for all T~isk Orders, records of labor and costs used in claims for compensation under thi~~ Agreement. Records shall mean a contemporaneous record of time for personnel; a methodology and calculation of the Multiplier for fringe benefits acid indirect costs; and invoices, time sheets, or other factors used as a basis for del:ennining other nonlabor Project charges. These records must be made available to the City upon reasonable notice of no more than 48 hours during the period of the performance of this Agreement. 10.2 After delivery of Services (completion of Task Orders) under this Agreement, the Consultant's records of all costs used in claim's for compensation under this Agreement shall be available to City's accountants and auditors for inspection and verification. These records will be maintained by Consultant and made reasonably accessible to the City for a period of three (3) years after completion of Task Orders under this Agreement. 10.3 Consultant agrees to cooperate and. provide any and all information concerning the Project costs which are a factor in determining compensation under this Agreement as requested by the City or any public agency which has any part in providing financing for, or authority over, the Services which are provided under the Agreement. 10.4 Failure to provide documentation or substantiation of all Project costs used as a factor in compensation paid under Article 2 hereof will be grounds for City to refuse payment of any statement submitted by the Consultant and~for a back charge for any City funds, including interest from payment; or grant, matching or C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 6 other funds from agencies assisting City in financing the Services specified in this Agreement. ARTICLE II -INSURANCE Consultant shall provide and maintain at al l times during the performance of the Agreement the following insurances: 11.1 Workers' Compensation and Employer's Liability Insurance. Consultant agrees to carry Workers' Compensation and Employer's Liability Insurance for protection of Consultant's employees as required by law and as will protect Consultant from loss or damage because of personal injuries, including death, to any of his employees. 11.2 Comprehensive Automobile Liability Insurance. Consultant agrees to carry a Comprehensive Automobile Liability Policy providing bodily injury liability. This policy shall protect Consultant against all liability arising out of the use of owned or leased automobiles both passenger and commercial. Automobiles, trucks, and other vehicles and equipment (owned, not owned, or hired, licensed or unlicensed for road use) shall be covered under this policy. Limits of liability for Comprehensive Automobile Liability Insurance shall not be less than $1,000,000 Combined Single Limit. 11.3 Comprehensive General Liability. Insurance as will protect Consultant and City from any and all claims for damages or personal injuries, including death, which may be suffered by persons, or for damages to or destruction to the property of others, which may arise; from the Consultant's operations under this Agreement, which insurance shall dame the City as additional insured. Said insurance shall provide a minimum of $1,000,000 Combined Single Limit coverage for personal injury, bodil:~ injury, and property damage for each occurrence arid aggregate. Such insurance will insure Consultant and City from any and all claims arising from the following: 1. Personal injury; 2. Bodily injury; 3. Property damage; 4. Broad form property damage; 5. Independent contractors; 6. Blanket contractual liabilit}~. 11.4 Consultant shall maintain a policy ~~f professional liability insurance, protecting it against claims arising out of negligent acts, errors, or omissions of Consultant pursuant to this Agreement, in an amount of not less than $1,000,000. The said policy shall cover the indemnity provisions under this Agreement. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 7 11.5 Consultant agrees to maintain such insurance at Consultant's expense in full force and effect in a company or companies satisfactory to the City. All coverage shall remain in effect until completion o~~ the Project. 11.6 Consultant will furnish the City wi~:h certificates of insurance issued by Consultant's insurance carrier and c;ountersigned by an authorized agent or representative of the insurance corripany. The certificates shall show that the insurance will not be cancelled, altered, or reduced without at least thirty (30) days prior written notice to the Cit}~. The certificates for liability insurance will show that liability assumed under this Agreement is included. ARTICLE 12 -LIABILITY AND 1NDEM[NIFICATION 12.1 Having considered the risks and potential liabilities that may exist during the performance of the Services; and ire consideration of the promises included herein, City and Consultant agree to allocate such liabilities in accordance with this Article 12. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 12.2 Consultant shall indemnify and save harmless and defend the City and all of their agents, officers, and employees from and against all claims, demand, or cause of action of every name and nature arising out of negligent error, omission, or act of Consultant, its agents, servants, or employees in the performance of its services under this Agreement. 12.3 In the event an action for damages is filed in which negligence is alleged on the part of City and Consultant, Consultant agrees to defend City. In the event City accepts Consultant's defense, City ;agrees to indemnify and reimburse Consultant on a pro rata basis for all expenses of defense and any judgment or amount paid by Consultant in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 12.4 Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 12.5 Indemnity provisions will be incorporated into all Project contractual arrangements entered into by City ;and will protect City and Consultant to the same extent. 12.6 Upon completion of all services, obligations and duties provided for in the Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc g 12.7 To the maximum extent permitted ley law, Consultant's liability for City's damage will not exceed the aggregate comf~ensation received by Consultant under this Agreement or the maximum amount of professional liability insurance required by this Agreement, which ever is greater. ARTICLE 13 -INDEPENDENT CONTRACTOR Consultant undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of f~erformance. City will have no right to supervise the methods used, but City will leave right to observe such performance. Consultant shall work closely with City in performing Services under this Agreement. ARTICLE I4 -COMPLIANCE WITH Lt~.WS In performance of the Services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Consultant shall procure the permits, certificates, and licenses necessary to allow Consultant to provide L,e a~ysis of Potential Height. Setback and Density Initiatives. Consultant shall not bt; responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Consultant in Task. Order. ARTICLE 15 -NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all drawings, reports, studies, design calculations, specifications., and other documents resulting from the Consultant's performance of the Services t~~ be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior Written authorization of City or in response to legal process. ARTICLE 1.6 -TERMINATION OF CONTRACT 16.1 The obligation to continue Service. under this Agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 16.2 City shall have the right to terminate this Agreement or suspend performance thereof for City's convenience upon written notice to Consultant, and Consultant shall terminate or suspend perform~ince of Services on a schedule acceptable to City. In the event of termination oi'suspension for City's convenience, City will pay Consultant for all services performed and costs incurred including termination or suspension expenses. Upon rest;~rt of a suspended project, equitable adjustment shall be made to Consultant's compensation. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 9 ARTICLE 17 -UNCONTROLLABLE FORCES 17.1 Neither City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, l•~ut is not limited to, fire, flood, earthquake, storms, lightening, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. 17.2 Neither party shall, however, be ex~~used from performance if nonperformance is due to uncontrollable forces which are removable or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Consultant or City to prevent, settle, or otherwise avoid a strike, v/ork slowdown, or other labor action. The nonperforming party shall, within a. reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. The Consultant will be allowed reasonable negotiated extension of time or adjustments for City initiated temporary stoppage of services. ARTICLE 18 -MISCELLANEOUS 18.1 A waiver by either City or Consult~int of any breach of this Agreement shall not be binding upon the waiving party -unless such waiver is in writing. In the event of a written waiver, such a waiver ;hall not affect the waiving party's rights with respect to any other or further breach. 18.2 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way effect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 1 ARTICLE 19 -INTEGRATION AND MODIFICATION 19.1 This Agreement (consisting of pagf;s 1 to 14), together with all exhibits executed by the undersigned, is adopted by City and Consultant as a complete and exclusive statement of the terms of the Agreement between City and Consultant. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letter;, or other communications between the City and Consultant pertaining to the Services, whether written or oral. 19.2 The Agreement may not be modified unless such modifications are evidenced in writing signed by both City and Consultant. ARTICLE 20-SUCCESSORS AND ASSIGNS 20.1 City and Consultant each binds itself and its directors, officers, partners, successors, executors, administrators; assigns and legal representatives to the other party to this Agreement and t~o the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 20.2 Neither City nor Consultant shall a;~sign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the co~itrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing; such independent consultants, associates, and subcontractors as he may deem apf~ropriate to assist him/her in the performance of the Services hereunder and in accordance with Article 7. 20.3 Nothing herein shall be construed to give any rights or benefits to anyone other than City and Consultant. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 1 1 ARTICLE 21-EXECUTION IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF CUPERTINO GOLDFARB & LIPMAN (CONSULTANT) By C~,;~ Colin Jung, a for lanner Date: A~ri122, 2004 CHARLES T. KILIAN LEGAL COUNSEL By Le By: Richard Judd Title: ~a~rf.1.~' Date: ~ l z~-f o `~1 C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreemen[.doc 12 TASK ORDER NO. 1 to AGREEMENT BETWEEN CITY OF CUPERTINO .AND GOLDFAIZB & LIPMAN FOR PROFESSIONAL SERVICES Dated ~~pri122, 2004 I. PURPOSE The consultant shall provide Leal Analysis of Potential Height. Setback and Density Initiatives on behalf of the city of Cupertino for submission to the Cupertino City Council according to the attached Schedule for Inititiative Report Preparation (Exhibit B). 2. PROJECT COORDINATION Project shall be coordinated with Colin Jung, Senior Planner, in the Community Development Department. Consultant may need to coordinate work with other City staff and the City's housing artd economic consultants as directed. 3. SCOPE OF SERVICES Attached Proposal for Legal Analysis of Potential Height. Setback and Density Initiatives, Exhibit A, is hereby incorporated as part of this agreement. 4. COST CEILING FOR DIRECT COSTS The cost ceiling for the analysis of the potential height, density, and setback initiatives shall be set at $15,000. 'T'his fee shall include the preparation of the written analysis, consultation with City staff, City's housing and economic consultants, document review, legal research and attendance at three to four meetings. 5. COST CEILING FOR (NON-LAB',OR) DIRECT COSTS Other (non-labor) direct costs, such as cost of transportation, printing, reproduction, shipping, and identifiable supplies shall be capped at $500. C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipma:~ Agreement.doc 13 IN WITNESS WHEREOF, the parties hereto have made and executed this Task Order No. one 1 as of Apri122, 2004 anti therewith incorporate it as part of the Agreement. CITY City of Cupertino '-'`~ By: Colin ung, for er CONSULTANT Goldfarb & Lipman By: Richard Judd Title: l'~~ fn,e ~ C:\Documents and Settings\VeraG\Desktop\Goldfarb & Lipman Agreement.doc 14 EXHIBIT A Scope of Work Legal Analysis of Potential Height, Setback and Density Initiatives The City requests an impartial and objective report that analyzes three proposed initiatives, which would through the City'; General Plan restrict building heights, building setback lines and residential density throughout Cupertino (See attachments A, B, & C). The report shall examine and ev~iluate the legal implications of the proposed initiatives on the City. The legal analysis of the three initiatives should answer three basic questions. 1) Do the initiatives have any basic conflicts with State or Federal laws that would make it illegal for the City to place them on the ballot? 2) Would the initiatives cause the Cit:~ to commit any illegal acts in an effort to comply with their directives? 3) Do the initiatives result in significant conflict between the general plan elements (consistency requirement) or interfere with the City's obligation under the Vallco Development Agreement, RDA le€;islation and/or consent decree? Separate reports on the fiscal and housing implications of the initiatives are being prepared under separate contracts. The Contractor for the legal analysis shall work cooperatively with the other selected consultants in order to integrate the housing, legal and fiscal analyses as much as possible. Attachment A MEASURE: ________ GENERAL PI.~~N AMENDMENT RESTRICTING BUILDING HEIGHTS 1~.~.~, THIS MEASURE SEEKS TO AMEND THE CUPERTINO GENERAL PLAN TO REQUIRE THAT BU11C31NG~~ HAVE A MAXIMUM HEIGHT OF 3S FEET A~EASURED F1R{3i~A GRADE LE`fEl TO THE HEGHEST POOVT OF THE BU#LDING STRUCTURE. EXEMPTED FROM THIS RESTRICTION tIVOUtD BE THE VALlCO PARK PLANN~Nf; DISTRICT (DEFINED AS THE AREA BOUN~iED SY WC?LFE: ROAD, TANTA.U AVENUE, HOMESTEAD ROAD ANfl STEVENS CREEK BOULEVARDS YCH WOiJLD BE RESTRICTEfl TO AAA-XEMLI~~I BU~.DiNG HEIGI~#TS f~ 4Ei FEET, AND THE WOLFS ROAD COMdRC1Ai. C©RFEIfl€3R I~D AS THE AREA Vin'THIN ~ MEET Of VIr~Oir.fiE Rt3Afl BNI"t3 ~ FEET 1~ORTH OF STEVENS CREE#E ~JLEVARfl AN~i EXTENfl3 Tf) H1t$HWAY 280 WHICH (MOULD 6E RESTRICTED TO MAXIIIwI BUILt~NG HEIGHTS OF 43 i`EET FOR RESINCES AND "Mpi~'A USE" FACILITIES ONLY. ALSO EXEMPTED FRf~-A THIS RESTRiCTIt3N WC~IIl.L~ RESIDENTIAL "SINGLE, tXJPLEX, TRIPLEX AND FOURPLEX" UNfiTS. EXiSTINt3 BUILDINGS COUtD BE REBUILT, URf~00 ALTERAT~C?N, f ~R BE EXPANt~l3 ONLY iI~ 1 j THEY DO NOT EXCEED THEIR f3RIGINAL HEiC~HTS AND SET BACKS OR 2j ANY ADDE© PORTIONS OF THEIR STRU{:TURFS COMPLY WITH THE ABOVE RESTRICTIONS. THE RESTRICTIONS CONTAIIfl I~ftElN CANNOT BE MOAiFIE©, AIaENDE#~ t~ ELIM~'+#ATEfl, Nt~R Iu~Y NEW OR EXISTiNCi BUILDINGS WHICH ARE SUBJECT TO TFIE$E RESTRICTIONS BE BUILT OR ALTERED IN ANY WAY ItUHICE4 IS iI~CQNSISTENT WITH THESE RESTRICI'1C?NS WITHf]UT A Vt~TE OF TIC Ci1'Y'S Ef.Ef:TORATE AT AN BLECTiON. Attachment B MEASUEtE GEN€RA~i. PiAN Ala4~NOMENT RESTR~TtNG BUtI_DiNG 5ET BACK LINES TNiS MEASURE SEEKS TO A1MENfl THE CUPERTINO GENERAL PUW TO RED Tl~f/4T BUti.DIN~.S tiAYE A M~1#l~M+i P,.lC STREET SET BACK IiNE Of~ 3~ 1~EET, OR THE DISTANCE DETERMiAIED FRt~4 A 1.3 TO 1 SLOPE LIME ttAT~ AAEASURED FRflM THE NEAREST CURB LINE(S) O~ AflJACENT P#.~ ST'IE'T{3), WHEV IS GREATIR. EXEI~TE© ~I~~A 't'MESE I~l~l"'R~CTfE~#+tS .~.© Tf WALLCO PARK PLAfVN3 AI!STR~T [~ AS THE AREA I~UNfl ®Y V'VOLFE ROAD, TANTAU AVENUE HOSE RflAD Ate Si`EVEIVB CREEK t~~'?ULEVARfl~ VVf~liCH VV~,JtO t~E ST`R#CTtfl TO ~U~! STi~' SET BACK IINgS QUAL Tfl 1 T01 ~,, L IRATE, Ate THE 1~.I~E R{3~1D CtItCIAI. COf~til~R ~t> AS TIC A~lEA V'~~ :~ FgE7" OF W4LFE ~ BEt~1N~l~ ~i13 fib"!' l~tTM ~ TFiE 3TEVENS CREEK EVARD ANfl EXTENt?~G TO t1Y ~t „~? BE RESTRlCTEfl Tfl MflN,JM ST"1' SET ®11~C LAS EQUAi. T4 A ! TO ! Slt l~ RAfiK? I`4R RES~~'"tAE. Ate "f~3CEfA USE' 1~A+CIL~S flNi.Y. ALSO ~AAP1'~D I~R~1 T~!~ ~S7"RK«T1~l~IS 1~VC~11l.C~ BL RE~IVI'1A1. `SiNC~.E, DUPLEX, TIt.EX, AJ+Ifl F4URPt.EX UNITS.' EXISTINt3 BU#LdfNGS CCU~.D ~ I~9E.T, ~I ALTERATION, Oft BE LX,PANOEi~, O~»Y iR '# j Tf+lE1(~ TO TME~ ORICtNAt.LY AUTHOfRIZEt~ ~'I" ~$, 4R ~ Af'~i1f ADD-~ PORTION OF THEIR Sl'~tiICTURES C.Y W#TI~i Tim ,AID R~STRiCTIONS. T~1E RESTfttC~ C£MiTA HEf+i Cit~T BE IIIEfl, ANfl ~t ~.1'f#, N4f t MAY 111# Q~E ;~T~IG l1.8 irVi~ l~l ARC .ACT Tfl Tim,. RLSTR~C~'Ifl~ ~ 6~lILT OR AtTER£:A ~M ANY WAY V!MEi iS iNCt~tS~TENT ~ TNESE RESTR~TICN~t3 W~lTH4UT A 1/O~ ~ 7'I E~11"S ELECTtXRATE AT AN ELEC'TfQI+i. D ~~~~ ~ ~ f~ ~f~~ 2 2 20~ ~. CU~ERTfhQ CETY CLERK Attachment C M~-SUI~E GENERAL. P1lJ1N AMENpAAENT RESTRICTIt~ H{3tJS~VG DENSITY THIS NtEASURE SEEKS TO AMENfl THE CUPERTINO GENERAL PLAN TO REQ'#.IIRE THAT ALL AEI-~,JSE FA~.iTIES ANC>~OR RESItJENCES HA11/E A DENSITY C~4t'F OF A NIA~tUM OF 1 S O'VVEILING UNITS PER NET ACRE. EXCEpTEa FROM THIS RESTRICTION V'It~C3ULD BE THE VALLCQ PARK ~'LANN dtS'I'R~CT ~I~I`iNED AS THE AR~J1 ~OUNOEfl SY VVOt.(`E ROAR, TANTALI AVI:NlJE, HOMESTEAC! RaOAD ANfl S~N~ CE#C .EVr). TIC ~ ~ E3E lN~ TO 3t'1 ©NV~.LgVO U PAR NEST ACME. A~f~- EXEMPTEt~ FROlkI TI~3 REST#~CT!€,~i ~ 'S„E,1~1Pt~EX, T'RIPL.EX, ANO I~flVI~'I.hJC' RED-IVT1~14L t1N1~"S. ~~~~ ~~45 Ccx,~ a~E RZ`.~,JM.T, UNflERQ01~,.'1"ERATfON, OR AIV~D, ONLY ~ 1) T'I~Y I~0 NOT EXCEED T~ ORKsINAL t3EId~11'IES, OR 2)1'I-~Y C~014~l.Y Y1f1'TH THE A~ REST#tICT~I~t. Tt~ I~STI,'T'I~t?NS Gt~+iTAfl I~~ CAN~1tJT 6E 11~ADp~~~,?, AVt #~ E1.iATEt'), NCB MI1Y Nit OR EXISTING #1+1GS V"~! ARE S~JECT TO THESE RE~TR~CTIONS BE BiJN.T OR ALTERE© IN ANY V11~AY I~I1C~1 ~ INC4NSIS3'E~#iT ~ 1"HESL RESTRI~CTIDN3 V1t1'I'HO~1T A V'C)'TE E~ THE CITY'S ~CTORATE AT AN ELECT~Ai. id ~~~Q~I~ ~~~ ~ ~ z~ Cl1FER34!~O CITY CLERK EXHIBIT B 2004 Schedule for Initiative Report Preparation Date April 16th April 19th - 30th May 1 May 1St -June 6th June 7th June 14th June 28th June 30th July 6th Task Director Approves Draft Scope of Work Scope of Work refined, contract amount established, contract awar~Jed. Contract Signed Initiative Report Preparation Draft Reports Delivered to Staff Staff Comme~lts Due back to Consultants Final Initiative Reports Delivered to City Deadline for (~ity Council Packet City Council :Meeting on Initiative Report