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05-03-11 Searchable PacketTable of Contents Agenda..... ..............................4 April 6 City Council minutes Draft minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Accounts Payable for period ending March 25, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Payroll for period ending April 1, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Accounts Payable for period ending April 1, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Accounts Payable for period ending April 8, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Accounts Payable for period ending April 15, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Payroll for period ending April 15, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Approve destruction of records from the Finance and Code Enforcement departments Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Records for Destruction . . . . . . . . . . . . . . . . . . . . . . 70 Treasurer's Investment and Budget Report for quarter ending March 2011 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Investment Portfolio . . . . . . . . . . . . . . . . . . . . . . . . 85 Retiree Health Trust Report . . . . . . . . . . . . . . . . . . . . 86 Investments by Type, Rate of Return, and Compliance Charts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Expenditure and Revenue Charts . . . . . . . . . . . . . . . . . 90 Annual adoption of City Investment Policy Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Draft Investment Policy . . . . . . . . . . . . . . . . . . . . . . 95 Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Map.... ............................108 Municipal Improvements, Kong -Yen Han and Sue -Jane Han, 21881 Dolores Avenue Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Map.... ............................110 Improvement Agreement, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Improvement Agreement . . . . . . . . . . . . . . . . . . . . . 113 1 Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Quitclaim Deed and Authorization for Underground Water Rights, Vinod Balakrishnan and Ranju Rajan, 10447 North Blaney Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Map.... ............................132 Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang and Meichuan Sun, 19089 Tilson Ave Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Map.... ............................138 Stevens Creek Corridor Project Phase II grant application for Transportation Development Act (TDA) Article 3 Pedestrian /Bicycle Project Funding Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Attachment 1 - Resolution . . . . . . . . . . . . . . . . . . . . . 141 Attachment 2 - Draft Bicycle Pedestrian Commission meeting minutes . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11 -12 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 A - Resolution, Agreement for Countywide AB939 Implementation Fee . . . . . . . . . . . . . . . . . . . . . . . . 150 B - Resolution, Agreement for Countywide Household Hazardous Waste Collection Program . . . . . . . . . . . . . . 151 C - Agreement for Countywide AB939 Implementation Fee.... ............................152 D - Agreement for Countywide Household Hazardous Waste Collection Program . . . . . . . . . . . . . . . . . . . . . 165 Renew the voluntary cap of $28,000 for campaign expenditures in the 2011 City Council election Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 194 Community Development Block Grant (CDBG) funds, Human Service grants and FY 2011 Annual Action Plan. Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 199 B - Summary of Allocations . . . . . . . . . . . . . . . . . . . . 200 C - Annual Action Plan . . . . . . . . . . . . . . . . . . . . . . 201 Green Building Ordinance, MCA - 2010 -04, and amendment to the City's Fee schedule Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 A. Ordinance No. 11 -2076 . . . . . . . . . . . . . . . . . . . . . 232 B. Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 248 C. Chapter 16.58 with strikeouts . . . . . . . . . . . . . . . . . 251 D. Global Green Cost Analysis . . . . . . . . . . . . . . . . . . 252 P E. Feb 1, 2011 City Council Minutes . . . . . . . . . . . . . . . 258 F. Feb 1, 2011 City Council Report . . . . . . . . . . . . . . . . 261 G. Planning Commission Resolution No. 6615 . . . . . . . . . . 271 H. Email of February 19, 2011 from Myron Crawford . . . . . . . 281 I. Email of March 5, 2011 from Myron Crawford. . . . . . . . . . 285 2011 Cupertino Bicycle Transportation Plan Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 A - Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 B - Bicycle Transportation Plan . . . . . . . . . . . . . . . . . . 291 Consider an ordinance to regulate smoking in recreational areas. Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 Ordinance Attachment A . . . . . . . . . . . . . . . . . . . . . 363 Consider an ordinance to place stop signs on Bandley Drive at Mariani Avenue Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 A - Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . 369 B - Diagram of Intersection . . . . . . . . . . . . . . . . . . . . 370 Introduce a resolution setting forth a policy for the City Council to use teleconferencing in connection with its City Council meetings. Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 374 B - Palo Alto Policy . . . . . . . . . . . . . . . . . . . . . . . . 376 C - San Francisco Policy . . . . . . . . . . . . . . . . . . . . . 378 3 CUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 3, 2011 5:00 PM CITY COUNCIL MEETING BOARDS AND COMMISSIONS INTERVIEWS — 5:00 p.m. 1. Interview applicants for unscheduled vacancies on the Fine Arts Commission (FAC) and the Telecommunications, Information and Communications Commission CLOSED SESSION 2. Subject Conference with Real Property Negotiator (Gov't Code 54956.8) Property: 10346 Scenic Circle Blvd., Cupertino, CA 95014 Negotiator: Carol Atwood Under negotiation: terms Page No written materials RECESS PLEDGE OF ALLEGIANCE — 6:45 ROLL CALL CEREMONIAL MATTERS — PRESENTATIONS Subject Proclamation recognizing the "Smarty Six" at Regnart School Recommended Action Present the proclamation Description The Smarty Six is a group students from Regnart School. They won first place in the Silicon Valley Region Tournament, were honored with the DaVinci Award For Outstanding Creativity, and took second place in their division at the state tournament, advancing them to finals in Tennessee. Pie: No written materials 4. Subject Proclamation declaring May 2011 as Foster Care Month in Cupertino Recommended Action Present the proclamation Page No written materials n Tuesday, May 3, 2011 5. Subject Presentation from the Teen Commission Recommended Action Receive presentation Page No written materials POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS Cupertino City Council Cupertino Redevelopment Agency This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and /or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 6. Subj ect April 6 City Council minutes Recommended Action Approve minutes Draft minutes Page 12 7. Subject Accounts Payable for period ending March 25, 2011 Recommended Action Adopt Resolution No. 11 -056 Draft Resolution Page 23 8. Subject Payroll for period ending April 1, 2011 Recommended Action Adopt Resolution No. 11 -057 Draft Resolution Page 32 9. Subj ect Accounts Payable for period ending April 1, 2011 Recommended Action Adopt Resolution No. 11 -058 Draft Resolution Page 33 10. Subject Accounts Payable for period ending April 8, 2011 Recommended Action Adopt Resolution No. 11 -059 Draft Resolution Page 47 11. Subj ect Accounts Payable for period ending April 15, 2011 Recommended Action Adopt Resolution No. 11 -060 5 Tuesday, May 3, 2011 Draft Resolution Page 58 12. Subject Payroll for period ending April 15, 2011 Recommended Action Adopt Resolution No. 11 -061 Draft Resolution Page 68 Cupertino City Council Cupertino Redevelopment Agency 13. Subject Approve destruction of records from the Finance and Code Enforcement departments Recommended Action Adopt Resolution No. 11 -062 Draft Resolution Records for Destruction Page 69 15. Subject Annual adoption of City Investment Policy Recommended Action Adopt the City Investment Policy as of May 3, 2011. Staff Re ort Draft Investment Policv Page 94 16. Subject Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action Adopt Resolution No. 11 -063 Description The property owners of this residential development agree to the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 103 grant to the City 0 Tuesday, May 3, 2011 Cupertino City Council Cupertino Redevelopment Agency 17. Subject Municipal Improvements, Kong -Yen Han and Sue -Jane Han, 21881 Dolores Avenue Recommended Action Accept Municipal Improvements Description The improvements included sidewalk, curb & gutter and driveway approach work in the City right of way Staff Report Map Page 109 18. Subject Improvement Agreement, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action Adopt Resolution No. 11 -064 Description Through the improvement agreement with the City, the applicants for a building permit for a single- family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site Resolution Improvement Agreement Map Page 111 19. Subject Quitclaim Deed and Authorization for Underground Water Rights, Vinod Balakrishnan and Ranju Rajan, 10447 North Blaney Avenue Recommended Action Adopt Resolution No. 11 -065 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property R esnl i rti on Quitclaim Deed Map Page 126 20. Subject Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang and Meichuan Sun, 19089 Tilson Ave Recommended Action Adopt Resolution No. 11 -066 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property R esnl i rti on Quitclaim Deed Map Page 133 7 Tuesday, May 3, 2011 Cupertino City Council Cupertino Redevelopment Agency 21. Subject Stevens Creek Corridor Project Phase 11 grant application for Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding Recommended Action Adopt Resolution No. 11 -067, authorizing allocation of TDA Article 3 funding Staff Report Attachment 1 - Resolution Attachment 2 - Draft Bicycle Pedestrian Commission meeting minutes Page 139 23. Subject Renew the voluntary cap of $28,000 for campaign expenditures in the 2011 City Council election Recommended Action Adopt Resolution No $28,000 for the election of 2011 Staff Report A - Draft Resolution Page 192 11 -070 setting a voluntary expenditure cap of ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 24. Subject Community Development Block Grant (CDBG) funds, Human Service grants and FY 2011 Annual Action Plan. Recommended Action Conduct public hearing; and 1. Adopt Resolution No. 11 -071 approving the allocations for the use of the 2011 -2012 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2011 -12 Annual Action Plan (Attachment C) as required by the federal Department of Housing and Urban Development (HUD). Tuesday, May 3, 2011 Cupertino City Council Cupertino Redevelopment Agency 25. Subject Green Building Ordinance, MCA - 2010 -04, and amendment to the City's Fee schedule Recommended Action 1. Conduct first reading of Ordinance No. 11 -2076 amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code Adopted (Attachment A); and 2. Adopt draft Resolution No. 11 -072 amending the City's adopted Fee Schedule to incorporate Green Building deposit fees (Attachment B). Staff Re ort A. Ordinance No. 11 -2076 B. Draft Resolution C. Chapter 16.58 with strikeouts D. Global Green Cost Anal E. Feb 1. 2011 Citv Council Minutes F. Feb 1, 2011 City Council Report G. Planning Commission Resolution No. 6615 H. Email of February 19, 2011 from Myron Crawford I. Email of March 5, 2011 from Myron Crawford Page 220 UNFINISHED BUSINESS NEW BUSINESS 26. Subj ect 2011 Cupertino Bicycle Transportation Plan Recommended Action Adopt Resolution No. 11 -055, approving the 2011 Cupertino Bicycle Transportation Plan Staff Report A - Resolution B - Bicycle Transportation Plan Page 288 27. Subject Consider an ordinance to regulate smoking in recreational areas. Recommended Action Conduct the first reading of Ordinance No. 11 -2077 of the City Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to prohibit smoking and tobacco use in recreational areas. Staff Report Ordinance Attachment A Page 358 9 Tuesday, May 3, 2011 Cupertino City Council Cupertino Redevelopment Agency 28. Subject Consider changing the budget study session scheduled for May 16, and confirm the date for the City Manager evaluation Recommended Action Select a study session date of May 23 or later; confirm date and time of City Manager evaluation currently set for May 16 Page No written materials in packet 29. Subject Consider an ordinance to place stop signs on Bandley Drive at Mariani Avenue Recommended Action Conduct first reading of Ordinance No. 11 -2078, Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections; Bandley Drive at Marian Avenue Staff Report A - Ordinance B - Di Gram of Intersection Page 367 30. Subject Introduce a resolution setting forth a policy for the City Council to use teleconferencing in connection with its City Council meetings. Recommended Action Consider adopting Resolution No. 11 -2079 clarifying the conditions under which teleconferencing may be used. Staff Report A - Draft Resolution B - Palo Alto Policv C - San Francisco Policv Page 371 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT 10 Tuesday, May 3, 2011 Cupertino City Council Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408 - 777 -3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. 11 CUPERTINO PLEDGE OF ALLEGIANCE DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, April 5, 2011 At 6:51 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS — PRESENTATIONS 1. Subject Proclamation recognizing Michael Gottwald for supporting the youth in the community and for his fund - raising efforts for major charities Recommended Action Present proclamation Mayor Wong presented the proclamation to Michael Gottwald. Mr. Gottwald read off names in memoriam and thanked those who donated over the years for his charity walks in helping to raise over $47,000. 2. Subject Council recognition of Cupertino's Green Leaders Recommended Action Recognize Green Citizen of the Year & Cupertino's Green Businesses, and announce Earth Day Festival Environmental Affairs Coordinator Erin Cooke explained that 2200 businesses are certified in the voluntary Santa Clara County Green Business program which recognizes those businesses that surpassed regulatory compliance by implementing sound practices that conserve energy, water, and resources while preventing pollution in the community. She also explained that 12 businesses are certified in the Green Biz Cupertino program, launched in 2010, to recognize those businesses seeking enrollment in the Santa Clara County Green Business program. Ms. Cooke noted that the purpose of tonight's presentation was to recognize those businesses not just certified in the Green Biz Cupertino program but who are also true partners in the program. 12 April 5, 2011 Cupertino City Council Page 2 Mayor Wong presented proclamations to the Cupertino Chamber of Commerce, The Driving Machine, Inc., Park Place, and Cypress Hotel. He also gave proclamations to Cupertino staff members: Grounds and Maintenance Supervisor John Bisely, Facilities Supervisor Chris Orr, Maintenance Worker Roger Winslow, Assistant Public Works Director Roger Lee. 3. Subject Award for the Outstanding Park & Recreation Project in California, 2010, from American Society of Civil Engineers for Stevens Creek Corridor Park Recommended Action Present award Mayor Wong announced that this award was given to the City of Cupertino for the Stevens Creek Corridor Park. Stevens Creek Corridor Restoration Manager Gail Seeds accepted the award on behalf of the Public Works department. 4. Subject Presentation from the Planning Commission Recommended Action Accept presentation. Planning Commission Chair Winnie Lee gave an overview of the Commission's past accomplishments and upcoming key projects in its Work Plan. POSTPONEMENTS Mahoney moved and Santoro seconded to postpone item Nos. 27 and 29 to May 3. The motion carried with Council member Chang voting no. Later in the meeting while discussing item No. 29 further, Council concurred to hold commission interviews at 5:00 in Conference Room A. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • A staff PowerPoint presentation for item No. 22 • A staff memo regarding video /audio service fees for item No. 23 • A revised fee Schedule A for item No. 23 • An email and attached letter from attorney Paul Albritton on behalf of T- Mobile urging Council to deny the petition for reconsideration, item No. 25 ORAL COMMUNICATIONS Yoriko Kishimoto introduced herself as the new appointment on the Mid - Peninsula Regional Open Space District, representing Cupertino and Ward H. She noted some open space projects that the District has purchased and managed, including Rancho San Antonio, Picchetti, and Fremont Older; and current projects including Mount Umunhum and Cooley Landing. John Bartas talked about carpooling at the Cupertino schools. He suggested an idea for students to be able to use a web server to organize rideshares to school. He would like to go forward with a resolution of support from Council. He said he already has a pilot website and server up and is working on getting funding. Commissioner Santoro suggested Mr. Bartas contact the Teen Commission for possible collaboration. 13 April 5, 2011 Cupertino City Council Page 3 CONSENT CALENDAR Mahoney /Chang moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 11 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5. Subject March 15 City Council minutes Recommended Action Approve minutes 6. Subject Payroll for period ending March 4, 2011 Recommended Action Adopt Resolution No. 11 -039 7. Subject Payroll for period ending March 18, 2011 Recommended Action Adopt Resolution No. 11 -040 8. Subject Accounts Payable for period ending March 4, 2011 Recommended Action Adopt Resolution No. 11 -041 9. Subject Accounts Payable for period ending March 11, 2011 Recommended Action Adopt Resolution No. 11 -042 10. Subject Accounts payable for period ending March 18, 2011 Recommended Action Adopt Resolution No. 11 -043 12. Subject Development Agreement, Mimi Tsui, 10292 Orange Avenue Recommended Action Adopt Resolution No. 11 -044 Description Through the development agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site 13. Subject Development Agreement, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Recommended Action Adopt Resolution No. 11 -045 Description Through the development agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site 14. Subject Quitclaim Deed and Authorization for Underground Water Rights, Mimi Tsui, 10292 Orange Avenue Recommended Action Adopt Resolution No. 11 -046 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property 15. Subject Quitclaim Deed and Authorization for Underground Water Rights, Hantyng Kenneth Hsieh and Jean Lai, 20557 Blossom Lane 14 April 5, 2011 Cupertino City Council Page 4 Recommended Action Adopt Resolution No. 11 -047 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 16. Subject Quitclaim Deed and Authorization for Underground Water Rights, Paul A. Lassa and Palmyra S. Pawlik, 21700 Alcazar Ave Recommended Action Adopt Resolution No. 11 -048 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 17. Subject Quitclaim Deed and Authorization for Underground Water Rights, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Recommended Action Adopt Resolution No. 11 -049 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 18. Subj ect Grant of Easement for Roadway Purposes, Mimi Tsui, 10292 Orange Avenue Recommended Action Adopt Resolution No. 11 -050 Description The property owner of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property 19. Subject Grant of Easement for Streetlight Purposes, Vincent C. Wong Senior and Vincent C. Wong Junior, 18996 Pendergast Avenue Recommended Action Adopt Resolution No. 11 -051 Description The property owners of this residential development agree to grant to the City an easement for streetlight purposes, together with the right to construct, operate, repair and maintain streetlight improvements, over a portion of the property 20. Subject Grant of Easement for Roadway Purposes, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Avenue Recommended Action Adopt Resolution No. 11 -052 Description The property owner of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property 21. Subject Alcoholic Beverage License, Bonjour Sandwiches & Crepes, 20371 Stevens Creek Boulevard (near Torre) Recommended Action Approve application for On -Sale Beer & Wine for Bona Fide Public Eating Place ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 11. Subj ect City Project, Pavement Restoration, Project No. 2009 -08 Recommended Action Accept Project No. 2009 -08 15 April 5, 2011 Cupertino City Council Page 5 Public Works Director Timm Borden noted the upcoming pavement projects. Chang moved and Mahoney seconded to accept the project. The motion carried unanimously. PUBLIC HEARINGS 22. Subject Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Recommended Action Conduct public hearing and continue final approval of the funding allocations and FY 2011 Annual Action Plan to May 3 in order to complete the 30 -day review period Description This is the first of two required public hearings regarding use of 2011 -12 CDBG funds, Human Service grants, and the FY 2011 Annual Action Plan Written communications for this project included a staff PowerPoint presentation. Senior Planner Vera Gil reviewed the staff report. Mayor Wong opened the public hearing at 7:40 p.m. Bob Campbell talked about the Senior Housing Solutions and asked Council for funds to complete the rehabilitation of Phase II construction of the house. He noted that this project would serve five seniors who are residents of Cupertino and whose income is less than $1500 per month. They would be charged 30% of their income for rent. He also announced that the Cupertino Rotary and Habitat for Humanity will be doing a hole -in -one contest at Deep Cliff Golf Course on May 4 at 6:00 p.m. and invited Council to attend. Mayor Wong closed the public hearing at 7:43 p.m. Council members asked questions of staff and took no action. 23. Subject Fiscal Year 2011/12 Fee Schedule Recommended Action Adopt Resolution No. 11 -053, approving the 2011 -12 fee schedule Page 170 Written communications for this item included a staff memo regarding video /audio service fees and a revised fee Schedule A. Finance Director David Woo reviewed the staff report. Mayor Wong opened the public hearing at 8:08 p.m. No speaker cards were submitted and Mayor Wong closed the public hearing. Council members asked questions of staff and the applicant. Mahoney moved and Chang seconded to adopt Resolution No. 11 -053 accepting the fee schedule as presented but increasing the Planning, Building and Engineering fees to 3.5 %; 16 April 5, 2011 Cupertino City Council Page 6 keep the Small Income Business License fee flat (at $65.00); and directed staff to provide a report to review the possibility of charging a time - demand based fee for Community Hall. Wong added a friendly amendment to change the fee percentage to 3% as was recommended by staff. Mahoney agreed to the friendly amendment. The motion carried unanimously. Council recessed from 8:27 p.m. to 8:37 p.m. UNFINISHED BUSINESS 24. Subject Alternative Bridge Locations and Trail Alignments for Stevens Creek Corridor Project Phase II Recommended Action Adopt the Base Alignment bridge location and a general trail alignment between the second row of orchard trees and the creek riparian zone for the Stevens Creek Corridor Park Phase II Page 227 Public Works Director Timm Borden reviewed the staff report. John Benz commented about each of the alternatives and urged Council to adopt the Base trail alignment. Robert George asked Council to adopt the Base trail alignment. He showed pictures of the area from his house and how he would be affected by the other trail alignments. Ann Ng said that she is a Board member of Friends of Stevens Creek Trail and represents that board on the Stocklmeir Task Force. She noted that the Friends would be happy with a multi- use trail that goes out to Stevens Creek Blvd. She urged Council to go along with the Task Force recommendation to use the Base Plan trail alignment. Deborah Jamison, member of the Stocklmeir Task Force said that she supports the Base bridge position and trail alignment outside of the 50 -foot setback. She urged Council to give the creek at least 50 -feet of riparian woodland in Stocklmeir so nature could return. She explained about a riparian ecosystem. Bob Hirt said that he is on the board of the Stevens Creek County Audubon society and is glad the Task Force has decided to move forward. He said he supports the Bas trail alignment. Gail Cheeseman said that she is impressed with the Blackberry Farm restoration and supports the Base trail alignment. Doug Cheeseman said he has been involved with McClellan ranch and hopes to continue with the project to protect the corridor. He said he supports the Base trail alignment. Gary Bailey said that he is the Board Chair of the Stevens and Permanente Watershed Council and is pleased with the restoration of Blackberry Farm. He noted the group has no 17 April 5, 2011 Cupertino City Council Page 7 position on a specific trail alignment but would be happy with the staff recommendation as long as there is a 50 -foot setback from the creek. Council asked questions from staff. Mahoney moved and Wang seconded to adopt the Base alignment bridge location and a general trail alignment between the second row of orchard trees and the creek riparian zone for the Stevens Creek Corridor Park Phase H project. The motion carried unanimously. NEW BUSINESS 25. Subject Petition for reconsideration for a personal wireless service facility at 11371 Bubb Road (continued from March 15) Recommended Action Conduct hearing and adopt Resolution No. 11 -054, denying the petition for reconsideration Description Application: DIR- 2010 -28 Reconsideration; Applicant: Dayna Aguirre (for T- Mobile); Petitioner: Shaul Berger; Location: 11371 Bubb Road, APN 356 -23 -047; Application Summary: Petition for reconsideration of the City Council's November 29, 2010 decision to deny an appeal of a Director's Approval for a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG &E pole located in front of 11371 Bubb Road Page 235 Written communications for this item included an email and attached letter from attorney Paul Albritton on behalf of T- Mobile urging Council to deny the petition for reconsideration. Senior Planner Colin Jung reviewed the staff report. Petitioner Shaul Berger said that his assumptions and T- Mobile's assumptions are different regarding height and radiofrequency (RF) levels. He said they also differ regarding the statement that the best location was found, and that he now needs to compromise. He asked Council to use the same methods that other providers use and wondered why T- Mobile can't provide the same coverage as Verizon. He said that decisions must be based on facts and not feelings. He said that Council voted without asking for technical evidence about how the antennas could work and noted that the project should have gone through a Design Review process. T- Mobile representative Dayna Aguirre said that they have made every effort to resolve the issues and reached out to the appellant and the neighbors about the electromagnetic field issue to help clarify the report. She noted that they looked at all three locations again and it is based on fact that those locations wouldn't be feasible. Linda Vista Park too far and wouldn't provide the coverage needed; Results Way was too far away; and the other location is below ground. Outside Counsel for T- Mobile Paul Albritton said that there is no new evidence that has come up to overturn the previous decision. He noted that the firm that provided the appellant in April 5, 2011 Cupertino City Council Page 8 with the error of his calculations is reputable. He reviewed the State law about RF's noting that Council can't make a decision on that and there has to be substantial evidence to deny a wireless application. He explained that Council also can't make a decision that prohibits service and there is a significant gap in T- Mobile coverage. He said that they have followed all the requirements from the Cupertino Municipal Code and the General Plan and asked Council to deny the petition to reconsider. Suresh Vasa questioned how many cell companies we need to provide coverage in Cupertino. He wants 100% coverage with a single service provider as is the case with his water and power providers. Pragna Parmar asked Council to reconsider putting the antenna in a residential neighborhood and suggested the mountains as an alternate location. He said this would provide better coverage and maintain home values in the neighborhood. John Gaddy said the proposal would set a precedent to install an increasing number of towers which would affect the quality of life and nearby nature. He said the business industry is taking control of the area and Council would be supporting commerce over local residents. Rita Chao said that she objects to the proposal and cares about the community. She said that the tower would impact the environment, property values, and quality of life. Teresa Liao said that she opposes the issue because she cares for all human beings and radiation isn't good for one's health. Prasao Marayana said that aesthetic issue and safety issue need to be considered. Other cities have denied petitions so it is wrong to say that the City has to approve the permit. He read from a US EPA letter regarding the "RF radiation exposure guidelines and non thermal effects of radio frequency radiation" which is "thermally based and do not apply to chronic non thermal exposure" so the generalization of many of those guidelines to protect humans are not justified. Michael Chen said that he chose to live in Cupertino because of the good schools and neighborhoods. The City's Wireless Master Plan is ruining Cupertino by allowing T- Mobile to install antennas. He asked the Council to think about the upcoming T- Mobile and AT &T merger which would make the antenna installations redundant. Installing the antenna will cause people to become more aware of the health hazards. Leslie Fowler said that the safety of EMF antennae towers is hotly disputed in the scientific community and they shouldn't be put in a neighborhood. The cell service providers should share the antennae's. Jei Chen said that he disagrees with T- Mobile's decision that the Linda Vista site is too far. He said that 100% coverage is not possible. He said the security of people's health has no conclusion yet but the fear of his health and safety affects his quality of life. 19 April 5, 2011 Cupertino City Council Page 9 Vincent Tien has worked on wireless communications for the last ten years. He said that putting the tower on the hill would be more powerful and provide more coverage. The health of the residents should be considered. Willie Lu had a technical issue with the antenna height allowance. And he had emailed some questions to Council and didn't receive an answer. He wanted to know how the "worst case of .022 %" was calculated and said that 25 feet from the antenna and 15 feet from ground was a false statement. He said that T- Mobile and its partners are willfully providing false statements to the public. Madliu Gi asked Council to see from the community perspective before making the decision. AT &T will be buying T- Mobile so why can't T- Mobile share the tower that's already been approved for AT &T? She never heard the complete reason why Linda Vista was not being used instead. Mayor Wong asked the T- Mobile representative to answer the questions asked by the public during the public comment section. Council asked questions of staff and the applicant. Mahoney moved and Santoro seconded to adopt Resolution No. 11 -054, denying the petition for reconsideration, as presented by staff. The motion carried with Chang voting no. Chang said he voted no because he didn't like the way the process went. He said his major concern is the data that T- Mobile provided vs. what the industry provided. He also noted that the site is so close to Regnart Elementary School and he agrees with the cities that have ordinances requiring cell towers to be at least 1500 away from any school. He also said that some areas may end up with more than 100% coverage and there is a fear of unnecessary radiation. Wang also made a statement that the Council's hands are tied and they can't consider certain things in their decision, or the City may be subject to a lawsuit. 26. Subject Department of Energy grant for an electric vehicle charging station at City Hall Recommended Action Accept Department of Energy grant and authorize the City Manager to negotiate and execute the necessary agreements with Coulomb Technologies, Inc., and REJ Electric Company in substantially the same form as attached Page 303 Public and Environmental Affairs Director Rick Kitson and Environmental Affairs Coordinator Erin Cooke reviewed the staff report via a PowerPoint presentation. Council asked questions of staff. Santoro moved and Mahoney seconded to accept the grant; authorize the City Manager to negotiate and execute the agreements; and directed staff to create two new parking spots for two new charging stations on Rodrigues Avenue, east of the driveway, with these conditions: 20 April 5, 2011 Cupertino City Council Page 10 the station will be 100% grant funded; the grant will cover installation costs; and the conduit trenching costs will be paid for by the City and appropriated from City reserves. The motion carried unanimously. 27. Subj ect 2011 Cupertino Bicycle Transportation Plan Recommended Action Adopt Resolution No. 11 -055, approving the 2011 Cupertino Bicycle Transportation Plan Page 353 Under "Postponements" this item was continued to May 3. 28. Subject Cancellation of April 19 City Council meeting and scheduling of Budget Study Session Recommended Action Consider canceling meeting of April 19 and schedule Budget Study Session between May 23 and June 2 Santoro moved and Mahoney seconded to cancel the April 19 meeting and schedule the budget study session at 3:00 p.m. on May 16 in the Community Hall, if possible, or the EOC if the Community Hall is not available. 29. Subject Resignations of Fine Arts Commissioner Joelle Lieb, and Technology, Information, and Communications Commissioner William Allen Recommended Action Accept resignations and, if the April 19 Council meeting is cancelled, direct staff to set interview deadlines Under "Postponements" this item was continued to May 3. Council concurred to hold interviews at 5:00 in Conference Room A on that date. 30. Subject Date for study session regarding teleconferencing Recommended Action Select May 3 beginning at 6:00 Jennifer Griffin asked Council to explain to the public what this item was about. She said she was concerned about teleconferencing and thinks it's important to have all five members present at the meeting in person. She noted that a dialogue with the public needs to happen before making a decision like this. Council concurred to agendize the item for May 3. 31. Subj ect Date for City Manager evaluation Recommended Action Set date for closed session on May 12 beginning at 5:00 PM Council concurred to schedule a closed session regarding the City Manager's evaluation on May 16 following the budget study session. 21 April 5, 2011 Cupertino City Council Page 11 ORDINANCES STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:52 p.m., the meeting was adjourned to May 3 at 5:00 p.m. for commission interviews. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.org Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 22 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MARCH 25, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment Hereof; and WHEREAS, the said claims and demands have been audited as required by law, NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the finds as hereinafter set forth in Exhibit "A" CERTIFIED Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: AB SENT: ABSTAIN: ATTEST: City Clerk = y J, 1 . 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H lD H %D ' W A 1 h� W W N 1n m iO to In O m lD M M M m m a Ir'I ul to W OI H NN h In Mmmm rnro m r r Mm tlr V' H w w v 'IV It -f r- N N N N co W W co OD F HH Hri H H " r1 riH H H HH rf H Hri" I I R H H HH " .A H H HH r-I 11 ri H,A H 14 l HHH ul Irl til ul In In W W In m ul ul N N N N IV -;q lt' W V N N N N N N N N N N N N N N N N N N N N N w \ \ \\ \ \ \ \ \\ \ \ \ \\ \ \ \\ \ \ M M M M m m m M M M m M M M m m m m m M M H H 0 0 p p o o O O O p q p 0 0 0 0 0 0 0 0 0 O O H H N N m V' ul w h r- w OI Ell r r H li N A H H r r r ri 11 H r lii o hh h h h h r- h h h h h r r Vr �v W 11 O r H u in LO In in W In to ul Lo ul In W N N N N N N N N N U H W l0 to tD Co to lD w 14 lD SD w lD M M M m M M m m m u U 0 0 0 0 00000 1 x U 333U 3�c �c �c :5:U U V O o o N H " A 00 N N F O O O O O O O O 0 0 0 0 0 0 0 0 0 O O O O p 0 N O N o N O N O N N H 000 N p N O N N N N N O O O O p N N N N N E+ 0 0 0 0 0 0 H O F H O O H H Hrf rf .-i H H r-4 A H H "H A HO HHH H H E .ti F H C'J z H O U U a H U z k I to h to w H H ri >n N O W R 31 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON April 1, 2011 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of fiends for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the Rinds set forth: GROSS PAYROLL $ 536,423.63 Less Employee Deductions $(168,096.43) NET PAYROLL $ 368,327.20 Payroll check numbers issued 98585 through 98621 Payroll voucher numbers issued V30726 through V30932 Void check/voucher number(s) Manual check/voucher number(s) CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 32 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING APRIL 1, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof, and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the finds as hereinafter set forth in Exhibit "A ". CERTIFIED: fy Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES; NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED; Mayor, City of Cupertino 33 34 µµMN NNY W NNl -+YN W NN7 -•NY W NN!-+M N NY W W W W W Y HH µµ µ µ W Y µ '> W t o n n d d p d p 0 Q 0 0 4 0 P Q P 4 4 0 4 p O Q 0 4 4 0 0 0 0 0 0 0 0 0 0 O O o 0 o 2(� q' n Lis H>1 N N N N N N N N N N N N N N N N N N N N N N N tJ N N N N N N N N N y N N N N N N N N UU3S n Li t-3 n O p P 4 P 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O Q 0 0 0 0 0 0 0 0 0 y a o 0 0 o d O Q '�.' to L'3 "q t� ��Ott • • H •�j �7 n .. 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NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the Rinds as hereinafter set forth in Exhibit "A ", CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABS'T'AIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 47 El b n M CD � A 0 H H H r Ja N N I H H n n n 0 7 O H H H Y H H H H H H H Y H H H H H H H Y Y Y H Y H H Y H H H H H H Y {] � (n H b 0 0 0 0 o O o o o 0 00000<3 o o o o o o 0 000 0 0 0 0 0 O o o 7y OM H 'g 1 N n N a N n N 0 N n H N N N coon H N N N N N N �oaoa0o N O 1-3 N N N N `.V otlotl H N N N N �oaan N n N O N o N 0 y t•) N bon x 0 tl om N H t�1h] n n t n n H H o b W t 1 t9 y C7 L4 nz CI n n n n G1 m m m m m m m m a)mmmm M m m m m or mm m m 9% m m W mH �A H Ut In L" Ul Ul Ul Ul Ul ul en Ul Ul Ul ul Ul Ul Ul Ul ul Ul ul W In w In w ul n w :j y W W 3 J J J -3 J J-1J J J�lJ J J J J J -j -3 �jJ J-) J J J J C< x , HW n w w w w w w W w W w w W W w W w w w w w w w w w w W w H Y O w n m m m D? m mmm 0)mmm Co to 03 mmmm wm co 07 J J J -) -3 -j z I UJ A O 1D m J m [n 9. wwwww N r rS-'H oQOO 1D m J m p O •• ,b • ai W H 0 r z r p O Q Q Q Q 0 0 0 O O O O O O O 0 0 0 0 O O O O O O O Cl 0 0 rA V1 .A •A .A .A .A rQ a .A ,A IN A r A Sa •P h .P iP A .4 A .A ,{a ,p •P A m » 0 0 0 0 0 m o o 0 0 0 0 0 0 0 0 0 0 0 Q o 0 0 0 o 0 0 0 rt I P W W W W moo W m W Lit m U) m m [q m f 4 m m m m m w W m m W m m \ H \ H \ H \ Y' \ H \\\ H Y H \ \ \\ \\ H W H H H H \ H \\ \\ Y H Y w \\--\ w H H \ Y \ H \ Y \ H \\ H H w r !{ N W W w W W Y w H Y Y Y Y w Y Y Y Y Y P H I - ' Y Y Y H Y Y pp y .A •A N H H H !s r Y H H !-' N w w w w w N J •P w Ul 1 N H w N N m Ul Ul Ul W W W W W w m Ul Ul US Ul N W H Y J O N Ul •P •A I to tD o o N NNN NNNNNN w p HY Y HHH N H O W Ul In I ¢ .P w H W m w J J J J Y H Y" N w N H 1 Q (s) tC fD n n n n n non wwww ww ro w w w w !� c + rr n 0 m t7 U7 h7 0000 yy3yy y y y xl to l E O O C w W W w biww KKKK K K H N h1ti# I fc r C Gl nnn 0z 0z0 1 4 hi hi MMM M 0�0 I�j 0 co rn to t) �� road l p o �u r w n yH z v co En +a n M H H m H H H H H H H H H H 3 3 rh m m o m Z Li hi zz 3y Y ?x ?� 2 S ?y 0000 'a '�) 'd M z b " (n 'd r n 1 I to to � �+ x K H l 0 a 9' G}OG] HHHHHH I d ro Rib U) U) OO 0 I o L�] I� L31 w b3 LiJ (,] k) hi r q m m mm C+3 m H H Vi I t*] lit ;a 'fJ ',rl ',>t ?i O 0 t+ L"'I C+ N d ;v f ',v xi N w I G3 n tj tj d ti ci tj 4 C1 d t Ul N R+ Ri Rl R' H r o In y H Y Hyy ;n � ,ro r`a�x1 CCCCCC 7J C bC7 tlb �Y.m';� O [-� z Gs 1 l 0 o ;00 (n H H H H H H H H•H H H H H H l •• M L-1 000 nnnnnn n v n a Pd zzz mmmmmm m H 0 a n � O\ w W w w wwY p lJ wY" Y m m mm Y HYY Y m m In Ul o H N H r r rwr W HYHwr H ww ww HPPH H w w J MP C Q (nti O n n tl b Ono aaaaab o 0000 ooao O o 0 0 Oa o Ld ' W W N H H m W a) m m m m m m m m Y at m ! m m a) m m t z 1 J w W UI tD •A ul w w Ul ul co m0. 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'd O u1 H 0 wNN to w N NN roro H A H o ul ul u1 N u1 ul u1 ul -3 O L to z I �U I H H ti ww n 1 EQ r bi 0 0 0 0 o P o 0 0 0 0 0 0 0 0 0 0 0 0 o P 1-3 0 0 0 0000 000000 0000 0 0 0 o y n 0 o a oaao ooaaoo ooao o o 0 o pc nG� m m to w N w � J J iP J w a1N w o m N rr m H,P ui W r Jow N H J :v rw w tu iA W (n - ]w W N.oN m -7 o N m m m W OF+W W NNm4 Fl. mmw o m o ul LO m ama W a 4P wa mW � W -] 4P CO ryy�� J -3 J 40µu1 0 mw w 6)N o10 t[1 M p] o o IH3 0 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING APRIL 15, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RN r-E H o N H 4'tn m N Ntl' O H to m Ln N OIm Nr mr w A dN N o O m o Ln r mrm W N r H �jl N mo MOMO 'r Nmm(i H HHm m L H o o O o N w I VL O o W Ln m Lf) U w 1Dr ri v m m 1Dm p m CI- N Ln ri o H m Ln W o 0 0 Ql ClHQO M M mNH H N (n " 0) mm mHm r Dlm mrm C11 '"W d H H lO r ID mm h w ri N m N 'v H U ul Ln m H IT -4 H M m N If N N a 07 in H 4 w i ryHry �i w E C.7 G Q O 0 0 0 O O P Q P O Q Q O O O Q O O 0000 O P O P d Q O O 0000 0 0 o00 0 0 0000o00aoo00 0000 000 0 0 0 0 0 0000 aU H a o 0 0 0 0 0 0 0 0 0 0 0 0 0 o P 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to W rn m I r I � P I I H O r m [J o m 0 O m Q U 5 o LL N r$ mmm No W U La w71.]>a H I \ Q P P I Ln - H U H H a s ( 1 4 0 a =4! w d� mMm OLn O U G W rr m , 1 Hri Ho V] Ln w U w N N m m m m \ m U] H m m9 � 0 -1 -1 FC o�alo A I a 11 H r HH HH HHHH HHH s..a - ILa W.a 'Ze 0 U Ln V' L� as as o I € mm H H HH 11 11 H H HH LL LL PI P4 W H I Pi 000 O I H Z �\ > P NN W 04 W a04 W O'F07 D �H H n1 -- �> 0 C f m I i� is m m £ ul u4 E4 F4 r4 ><4 r-4 ..� x4 .0 co U) w 3 04 a w Ln w H It 0 r-i vi Q N El O W W Hri o m o00 00 o H o o � o u1M O d 0 d W OOO dd L7 HH dbN o o HHOONO Ln UI dUl H d o ON oo H \ N In L LO m ul Ul Ln Ln N N Ln Ul m m m Ln [IL I 31 m N m m Ln N ul U Ei Ry d o 0 mm 0 0 m O m O W W 01 mm m 0 00 0 0 mm mm 0 0 0 0 0 0 0 0 0 0 m H O O m0 O O H l 0 O O a0 O 0 O O m Q U m 0 O O 0 O W m o H H H H H m H H H H r H H H H H H H H H H r H H H H m H H H H PL F- -1 H o H H HH H w HHHH u1H HH HHH HHH Hul H H H U H A p U I d P I I In tlI z W 00000000000 lkw a w a Ps P4 PL Ps LL PL Lh0 '7.z H z H W W WW El El El El N I I P7 H H W 0000 O Li: o I H ? 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O 0 P o4 o W o EH H H ilJ o u H n U Ch W H � H U H N U7 8 it N N 11 Si is >J CJ H U' H H 3S O H H c U W0 Ht- H H to H W \•• a W H �r U C7 U 0H 7., 1' t77 O H o H H H H •• U Ej wn qH m.y H vv Door o in w N N m m 'Z ww uoomo)H Nd'r o P o om�ntntn�t'w� mrul a' d' � �In HrU)N Hd' M W o W w ko ko O H H H 10 H N w H H N r rq N Cq N N N d' d' It o0 oo0o0o oao In In Isl p p p P p p p 0 P p p r r r H 0 0 0 0 0 0 0 0 n o P 0 0 0 W M M fn rn c m i \ t � t l 4 fA P4 A E c x x£ £ �A w HH HHH HH w f� A vl W to vl w w� Ll # W i I HHHHHHH Ul [x1 $ MM MM MMM PIA H iL W o a o 0 0 0 0 q o 0 0 o r H o \ P M M M P M M Hcp dct'H"' c#' p H o p p H H H H H H H H H HH H HriH H H H U U U u U mmp P fA P] CA PO c4 cq P7 H HcHc��HH H w CA CaWa� HH HHHH H 'z� �I W �1 w x w W H H I H H H H H H H I MfR M f`'1 M N N I N N N N N N H H H H H H H p H H H H H H H H H H H H H H CA m o o a H 0 0 0 0 0 0 0 W O O mmvmmmmW Z H H H H H H H H H H H H H H H U H H H H H H H I U 3 k u u u ',x a00000a`r� Y 000000a O H H H H H H H H H H Ol 41 rW H H H \\ N in H H O O H H In Ln O H H U C,m cN a U 0 N ��EA � B &1 7w H O U U H U H W 0) 1 2 N r1 N W H H H W A P4 P4 67 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON April 15, 2011 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said clairns and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the firnds set forth: GROSS PAYROLL Less Employee Deductions NET PAYROLL Payroll check numbers issued 98622 through 98653 Payroll voucher numbers issued V30933 through V31132 Void check/voucher number(s) Manual check/voucher number(s) CERTIFIED: Director of Administrative Services $ 525,754.40 $(164,787.60) 360.966.80 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino .: RESOLUTION NO. 11 -062 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING DESTRUCTION OF CERTAIN RECORDS FROM THE FINANCE AND CODE ENFORCEMENT DEPARTMENTS WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02- 037 establish rules and regulations for records retention and destruction; and WHEREAS, it has been determined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the departmental request for permission to destroy all said records in excess of two years old has been approved by the City Clerk and the City Attorney pursuant to Resolution Nos. 8894 and 02 -037; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino authorizes destruction of the records specified in the schedule attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino .• p Q Q " U 0 O 4 ON r� -d Q O O 0 CJ c7 � d O ! i c7 N o 00 q z �• C cD 0 o O o O C) CJ P-, q r_v C'I � U � Q i W z z W -0 "emu' OF .. ] r i "' O u U U - - Cn 0 H z M W � z o Itj O w 2 Q � h O A4 P-` f'. p Q Q " U 0 O 4 p Q Q Q Q p ON �. 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Please review the list and contact me if you believe any of these files are of historical or administrative significance and should not be destroyed. if approved, a resolution authorizing destruction will be on the council agenda for April 20. f° City Clerk - Date iI NO OBJECTION TO DESTRUCTION: Administrative Services Director Date Encls: Code Enforcement and Finance records City Attorney Date :. ADMINISTRATIVE SERVICES DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3220 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subs ect Treasurer's Investment and Budget Report for quarter ending March 2011 Recommended Action Accept the report Discussion Investments The market and book value of the City's portfolio both totaled $48.2 million at March 31, 2011. The portfolio's March yield of 0.32% was up from the December 2010 yield of 0.28% but down from a year ago rate of 0.44% due to the decision to take the portfolio to a safe and liquid mix of investments given the risk and volatility of the market. The LAIF benchmark was at 0.50% for March, up from 0.46% in December but down from 0.55% a year ago, reflective of their move to a higher percentage of investments backed by the full faith and credit of the federal government. The portfolio decreased from the previous quarter by $3 million due to housing and retiree health trust contributions, and energy conservation project payments. Maturing Treasuries totaling $17.5 million were re- invested into new Treasuries. Investments are in full compliance with the City investment policy and State law and are tiered to provide sufficient cash flows to pay City obligations over the next six months. Market values on individual securities in the investment portfolio are provided by Wells Fargo Bank Institutional Trust Services using valuations from Interactive Data Pricing and Reference Data, Inc. The retiree health trust market value grew from $7.4 million to $8.4 million during the quarter, due to investment gains and a $700,000 contribution from the City. The portfolio of equity, fixed income and money market mutual funds returned 3.1% for the quarter and 10% since inception nine months ago. Short-term volatility of market value is anticipated, with positive returns expected in the long -run to fund future retiree medical obligations. General Fund Budget Report Current year revenues through March are up 22% over the prior year, exceeding projections of 14 %. Sales taxes, transient occupancy taxes, and charges for services are showing particular strength. Corresponding expenditures through March are 2% over last year, which is on track with last year results and this year's projections, with budget savings anticipated by year -end. Prepared by. David Woo, Deputy Treasurer Reviewed by. Carol A. Atwood, City Treasurer Approved for Submission by. David W. Knapp, City Manager Attachments: Investment Portfolio Retiree Health Trust Report Investments by Type, Rate of Return, and Compliance Charts General Fund Budget Report Expenditure and Revenue Charts ., City of Cupertino Investment Portfolio March 31, 2011 ACTIVITY DATE I COUPON YIELD ADJUSTED MATURITY MARKET UNREALIZED PURCHASE MATURITY DESCRIPTION RATE To Maturit3 COST VALUE VALUE PROFIT /LOSS SECURITIES MATURED 11/23/10 01/20/11 US Treasury Bill 0.11% 0.11 0 /0 3,000,000 3,000,000 3,000,000 0 01/29/10 01/31/11 US Treasury Note 0.88% 0.28% 2,500,000 2,500,000 2,500,000 0 04/26/10 02/28/11 US Treasury Note 0.88% 0.39% 5,000,000 5,000,000 5,000,000 0 02/02/11 03/17/11 US Treasury Bill 0.13% 0.13% 2,000,000 2,000,000 2,000,000 0 03/26/10 03/31/11 US Treasury Note 0.88% 0.44% 5,000,000 5,000,000 5,000,000 0 SECURITIES PURCHASED 01/19/11 11/30/11 US Treasury Note 0.75% 0.23% 3,010,348 3,000,000 3,010,440 92 01 /11 /11 01/31/12 US Treasury Note 0.88% 0.30% 6,029,060 6,000,000 6,029,760 700 02/02/11 03/17/11 US Treasury Bill 0.13% 0.13% 2,000,000 2,000,000 2,000,000 0 02/02/11 02/29/12 US Treasury Note 0.88% 0.28% 4,021,899 4,000,000 4,020,920 (979) 03/28/11 03/31/12 US Treasury Note 1.00% 0.27% 1,007,284 1,000,000 1,006,680 (604) 03/28/11 09/30/12 US Treasury Note 0.38% 0.52% 997,824 1,000,000 997,500 (324) 03/28/11 12/31/12 US Treasury Note 0.63% 0.64% 999,689 1,000,000 999,140 (549) 03/28/11 03/15/13 US Treasury Note 1.38% 0.72% 1,012,759 1,000,000 1,011,600 (1,159) 03/28/11 09/15/13 US Treasury Note 0.75% 0.96% 995,017 1,000,000 993,670 (1,347) CITY PORTFOLIO CASH 03/31/11 Wells Fargo - Cash 1,875 1,875 1,875 0 03/31/11 Wells Fargo - Workers Comp Checking 19,681 19,681 19,681 0 03/31/11 Wells Fargo - Regular Checking 52,261 52,261 52,261 0 03/31/11 Wells Fargo - Repurchase Agreements 0.05% 0.05% 2,823,817 2,823,817 2,823,817 0 2,897,634 2,897,634 2,897,634 0 LAIF 03/31/11 LAIF - State Pool 0.50% 0.50% 595,492 595,492 595,492 0 MONEY MARKET FUNDS 03/31/11 Wells Fargo 100% Treasury 0.01% 0.01% 5,507,662 5,507,662 5,507,662 0 5,507,662 5,507,662 5,507,662 0 US TREASURY SECURITIES 04/29/10 04/30/11 US Treasury Note 4.88% 0.43% 6,021,862 6,000,000 6,022,740 878 05/27/10 05/31/11 US Treasury Note 4.88% 0.41% 5,037,195 5,000,000 5,039,050 1,855 06/28/10 06/30/11 US Treasury Note 1.13% 0.33% 2,003,932 2,000,000 2,004,920 988 07/28/10 07/31/11 US Treasury Note 1.00% 0.32% 2,004,558 2,000,000 2,005,700 1,142 08/27/10 08/31/11 US Treasury Note 1.00% 0.28% 2,006,025 2,000,000 2,006,880 855 09/28/10 09/30/11 US Treasury Note 1.00% 0.25% 2,007,480 2,000,000 2,008,040 560 12/20/10 10/31/11 US Treasury Note 1.00% 0.26% 2,008,598 2,000,000 2,009,220 622 01/19/11 11/30/11 US Treasury Note 0.75% 0.23% 3,010,348 3,000,000 3,010,440 92 01 /11 /11 01/31/12 US Treasury Note 0.88% 0.30% 6,029,060 6,000,000 6,029,760 700 02/02/11 02/29/12 US Treasury Note 0.88% 0.28% 4,021,899 4,000,000 4,020,920 (979) 03/28/11 03/31/12 US Treasury Note 1.00% 0.27% 1,007,284 1,000,000 1,006,680 (604) 03/28/11 09/30/12 US Treasury Note 0.38% 0.52% 997,824 1,000,000 997,500 (324) 03/28/11 12/31/12 US Treasury Note 0.63% 0.64% 999,689 1,000,000 999,140 (549) 03/28/11 03/15/13 US Treasury Note 1.38% 0.72% 1,012,759 1,000,000 1,011,600 (1,159) 03/28/11 09/15/13 US Treasury Note 0.75% 0.96% 995,017 1,000,000 993,670 (1,347) 39,163,531 39,000,000 39,166,260 2,729 Total Managed Portfolio 1 48.164.319 1 48,000,788 1 48.167.048 2,729 Average Yield 0.32% Average Length to Maturity (in years) 0.52 TRUST PORTFOLIO MONEY MARKET FUNDS Kester Trust 03/31/11 Wells Institutional Money Mkt Acct 0.15% 0.15% 48,422 48,422 48,422 0 BOND RESERVE PORTFOLIO Bond Reserve Acct Ambac Assurance Security Bond 1 1 1 07 H IGHM9V Selected Period Performance a manes CAPITAL MANAGEMENT PARS/CITY OF CUPERTINO PRHCP Period Ending: 03/31/2011 Year Inception to Date to Date Sector Market Value 1 Month 3 Months (3 Months) (9 Months) Cash Equivalents 224,269 R .01 .01 .06 iMoneyNet, Inc. Taxable (All) .00 .00 .00 .00 Total Fixed Income 3,605,183 .09 .98 .98 3.00 BC US Aggregate Bd Index (USD) .06 .43 .43 1.60 Total Equities 4,589,894 .61 5.02 5.02 32.69 S &P 500 Composite Index .04 5.92 5.92 30.56 Total Managed Portfolio 8,377,049 37 3.13 3.13 10.01 Account Inception: 07/01/2010 Returns are gross-of-fees unless otbenvise noted Returns for periods Dyer one) or are annualized. The infominlion presented bas been obtained Gom sources believed to be accurate and rdiabla Past perfomoce is not indicative of fuhue returns. Securities are not FDIC insured, have no bank guarantee, and may losctalue. Es! ASSET ALLOCATION As of March 31, 2011 Equity 54.82% Large Cap Core ° 4.54% DN VYX Davis New York Venture Fund Y 380,223 4.76% EXEYX Manning and Napier Equity Fund 398,717 Large Cap Value 6.28% HMIEX HighMark Large Cap Value 525,493 6.77% PRFDX T Rowe Price Equity Income Fund 566,887 Large Cap Growth 5.04% HACAX Harbor Capital Appreciation Instl 421,773 5.03% PRGFX T. Rowe Price Growth Stock Fund 421 Mid Cap Value 2.81% TIMVX TIAA -CREF Mid -Cap Value Instl 235,103 Mid Cap Growth 1.80% PNMFX HighMark Geneva Mid Cap Growth Fund 150,922 Small Cap Value 4.10% NSVAX Columbia Small Cap Value Fund II 343 Small Cap Growth 2.61% PRNHX T. Rowe Price New Horizons Fund 218,904 International Core 2.73% HIOFX HighMark International Opportunity Fund 228 International Value 1.73% DODFX Dodge & Cox International Stock Fund 144,999 International Growth 1.75% MQGIX MFS International Growth Fund 146,899 Emerging Markets 3.36% RSENX RS Emerging Markets Y 281,596 Real Estate 1.49% FARCX Frist American Real Estate Sec Y 125,076 Fixed Income 42.50% Short -Term 8.87% VFSUX Vanguard Short -Term Corp Adm Fund 742,823 Intermediate -Term 16.78% HMBDX HighMark Bond Fund 1,405,387 16.85% PTTRX PIMCO Total Return Instl Fund 1,410,676 Cash 2.68% 2.68% HMDXX HighMark Diversified MM Fund 224,260 TOTAL 100.00% $8,373,041 H 1GHM9K@ March 31, 2011 PARS: City Of Cupertino CAPITAL MANAGEMENT 2 Investments by Type Managed Portfolio LAIF Cash 1% 6% usl 81% Money Market 2% 0.70% 0.60% 0.50% 0.40% 0.30% 0.20% 0.10% 0.00% Rate of Return Comparison tLAIF —0—Cupertino i Compliance Schedule COMPLIANCE WITH INVESTMENT POLICY City of Cupertino March 31, 2011 Category Standard Comment Treasury Issues No limit Complies US Agencies No limit Complies Medium Term Corporate Bonds 30% with A rating Complies LAIF $50 million Complies Money Market Funds 20% Complies Maximum Maturities Up to 5 years Complies Per Issuer Max 10% (except for Treasuries and US Agencies) Complies Bankers Acceptances 180 days & 40% Complies Commercial Paper 270 days & 25% Complies Negotiable Certificates of Deposit 30% Complies Repurchase Agreements 365 days Complies Reverse Repurchase agreements Prohibited Complies Page 2 :• General Fund Expenditures Projected vs. Actual 30,000 V! 25,000 N a 0 20,000 o � 6 15,000 L / } 10 , 000 — Projected, per current budget f Actual 5,000 0 9/10 12/10 3/11 Month General Fund Revenues Projected vs. Actual 69 a is 0 0 L R a r 35,000 V! 30,000 V! 0 25,000 20,000 15,000 10,000 5,000 0 ---* — Projected, per current budget f Actual 9/10 12/10 3/11 Month •X Sales Tax Projections vs. Actual $12,000 V! ca $10,000 V! 7 $8,000 $6,000 L $4,000 } $2,000 $0 / / — Projected, per current budget --E—Actual 9/10 12/10 Month Property Tax Projections vs. Actual 3/11 _ - -- -6 1 ---* — Projected, per current budget --O--Actual $0 9/10 12/10 3/11 Month 91 $8,000 y C R V! 'o $6,000 a � L $4,000 R a $2,000 3/11 _ - -- -6 1 ---* — Projected, per current budget --O--Actual $0 9/10 12/10 3/11 Month 91 Transient Occupancy Tax Projected vs. Actual y 2,000 v c 1,600 v3 O a, 1,200 is ~ 0 t ° , 800 400 0 — Projected, per current budget t Actual 9/10 12/10 Month Licenses & Permits Projected vs. Actual y 3,000 v c R V! 7 2,000 is 0 0 R 1,000 a a 3/11 — Projected, per current budget f Actual 9/10 12/10 3/11 Month M Charges for Services Projected vs. Actual 0 1,500 c R V! fR � 01,000 R � 0 O H 500 a 0 ---* — Projected, per current budget f Actual 9/10 Use of Money & Property Projected vs. Actual 0 1,000 v c R V! ER 0 O a t D 0 500 L R 0 ---* — Projected, per current budget f Actual / / / 12/10 Month 3/11 / / 9/10 12/10 Month 93 3/11 ADMINISTRATIVE SERVICES DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subs ect Annual adoption of City Investment Policy Recommended Action Adopt the City Investment Policy as of May 3, 2011. Description No substantive policy changes are proposed. Discussion The California Government Code requires a statement of investment policy to be reviewed and adopted by the City Council on at least an annual basis. This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash and outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. No substantive changes are proposed for this year's policy. Two minor revisions, related to investment performance and security safekeeping reporting, are recommended in order to make the overall document consistent with the move to quarterly reporting that was authorized by this policy a year ago. The changes are indicated in the attached policy. The Audit Committee accepted the policy and the proposed changes on April 21, 2011. Prepared by. David Woo, Deputy Treasurer Reviewed by: Carol A. Atwood, City Treasurer Approved for Submission by. David W. Knapp, City Manager Attachments: Draft Investment Policy ., City of Cupertino Investment Policy May 3, 2011 pnT TCv Under authority granted by the City Council, the City Treasurer and Deputy Treasurer are responsible for investing the surplus funds of the City. The investment of the funds of the City of Cupertino is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the California Government Code, Sections 53601 through 53659. The primary objective of the investment policy of the City of Cupertino is SAFETY OF PRINCIPAL. Investments shall be placed in those securities as outlined by type and maturity sector in this document. Effective cash flow management and resulting cash investment practices are recognized as essential to good fiscal management and control. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. Portfolio management requires continual analysis and as a result the balance between the various investments and maturities may change in order to give the City of Cupertino the optimum combination of necessary liquidity and optimal yield based on cash now projections. SCOPE The investment policy applies to all financial assets of the City of Cupertino as accounted for in the Comprehensive Annual Financial Report (CAFR). Policy statements outlined in this document focus on the City of Cupertino's pooled, surplus funds, but will also apply to all other funds under the City Treasurer's span of control unless specifically exempted by statute or ordinance. This policy is applicable, but not limited to all funds listed below: • General Fund • Special Revenue Funds • Capital Project Funds • Enterprise Funds • Internal Service Funds • Trust and Agency Funds • Any new fund unless specifically exempted Investments of bond proceeds shall be governed by the provisions of the related bond indentures and /or cash flow requirements and therefore may extend beyond the maturity limitations as outlined in this document. Other post employment benefit (OPEB) trust investments are governed by California Government Code Sections 53620 through 53622 and trust documents. The trust has discretionary investment authority. Mutual funds, exchange- traded funds, closed - end funds, and securities comprising equities, fixed income, cash equivalents, and cash, with maturities possibly extending beyond five years, are allowed investments for an OPEB trust. g:AfinanceAtreasury \investment policy and treasurer appointments \investment policy 5 -3 -11 draft.doc 95 City of Cupertino Investment Policy May 3, 2011 PRUDENCE The standard to be used by investment officials shall be that of a "prudent person" and shall be applied in the context of managing all aspects of the overall portfolio. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, direction and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. It is the City's full intent, at the time of purchase, to hold all investments until maturity to ensure the return of all invested principal dollars. However, it is realized that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized that in a well- diversified investment portfolio, occasional measured losses are inevitable due to economic, bond market or individual security credit analysis. These occasional losses must be considered within the context of the overall investment program objectives and the resultant long -term rate of return. The City Treasurer and Deputy Treasurer, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments. nR TF C TTVF C The primary objectives, in order of priority, of the City of Cupertino's investment activities shall be: Gl Safety of principal is the foremost objective of the City of Cupertino. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker - dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk. Credit risk defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the City's capital base and cash flow. 2 City of Cupertino Investment Policy May 3, 2011 Market risk defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio (see maximum maturities) and structuring the portfolio based on historic and current cash flow analysis eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation. B. Liquidity The City's investment portfolio will remain suffic_ requirements which might be reasonably anticipated an flows to pay its obligations over the next six months consist largely of securities with active secondary resale C. Yield The City's investment portfoli return throughout budgetary investment risk constraints and Maturities of investment, rate and maximize earnin set forth in the California limitation on the term or made in any security that of five years_ unless the specifically or as a part months prior to the inves Reserve funds may investments is made 7 liquid to meet all operating de the City with adequate cash litionally, the portfolio should be designed with the objective of ;conomic cycles, commensurate ,w characteristics of the portfolio. attaining a rate of with Cupertino's will be selected based on liquidity requirements to minimize interest s. Investment of surplus funds shall comply with the maturity limits as iovernment Code 53600, et seq. Where this section does not specify a ,maining maturity at the time of the investment, no investment shall be t the time of the investment has a term remaining to maturity in excess ,ouncil has ,granted express authority to make that investment either f an investment program approved by the Council no less than three invested in securities exceeding five years if the maturity of such 4ncide as nearly as practicable with the expected use of the funds. Investment performance is continually monitored and evaluated by the City Treasurer. Investment performance statistics and activity reports are generated on a fneathly quarterly basis for presentation to the oversight (audit) committee, City Manager and City Council. 3 97 City of Cupertino Investment Policy May 3, 2011 Yield on the City's investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. The City's investment portfolio shall be designed to attain a market average rate of return through economic cycles. The market average rate of return is defined as the average return on the Local Agency Investment Fund (assuming the State does not adversely affect LAIF's returns due to budget constraints). Whenever possible, and consistent with risk limitations as defined herein and prudent investment principles, the Treasurer shall seek to augment return above the market average rate of return. DELEGATION OF AUTHORITY The Treasurer is responsible for investment in Council Resolution. The Treasurer shall designate a staff person as timely action and the Treasurer is not present.,,, No officer or designee may engage in an of this policy and the procedures by the _T The Treasurer shall be responsible for controls to regulate the activities of sub An audit committee cc City Council, shall be policy related to manap shall serve in a staff an( policy changes, new le€ isions and activities per City deputy in circumstances require i except as by the City ded under terms suer /Council. ons undertaken and shall establish a system of 61 )priate internal and external members, appointed by the arovide general oversight and direction concerning the y's investment pool and OPEB trust. The City Treasurer ty. The committee shall meet at least quarterly to review folio status. Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program, or impairs their ability to make impartial investment decisions. Additionally the City Treasurer and the Deputy Treasurer are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC). SAFEKEEPING OF SECURITIES To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party custodian acting as agent for the City under the terms of a custody agreement. All trades executed by a dealer will settle delivery versus payment (DVP) through the City's safekeeping agent. M City of Cupertino Investment Policy May 3, 2011 In order to verify investment holdings, an external auditor, on an annual basis, shall independently verify securities held in custody for the City. All exceptions to this safekeeping policy must be approved by the City Treasurer in written form and included in the fneathly quarterly report to City Council. INTERNAL CONTROL Separation of duties between the Treasurer's function and Finance is designed to provide an ongoing internal review to prevent the potential for converting assets or concealing transactions. Wire transfers shall be approved prior to being submitted to the financial institution. Wire transfers initiated by the Treasury Section must be reconfirmed by the appropriate financial institution to non - treasury staff. Proper documentation obtained from confirmation and cash disbursement wire transfers is required for each investment transaction. Timely bank reconciliation is conducted to ensure proper handling of all transactions. Separation of duties, transaction approvals, security, an( wire, receipting, and account receivable ,processes. I reports provided by financial institutions shall be used to The investment portfolio and all related transactions ar general ledger accounts by Finance on a monthly basis.' " An independent analysis by an control, account activity, and c reported to the audit committee. The City Treasurer shall prep summary that provides a cle report will be prepared in a m the California Government C the second regular council _m covered by the report. iliations shall be included in the on controls, notifications, and element these controls. balanced to appropriate auditor shall be conducted annually to review internal with policies and procedures. The analysis shall be quarterly investment report, including a succinct management ;ture of the status of the current investment portfolio. The that will report all information required under this policy and The Treasurer will submit the report to Council no later than or approximately 45 days following the end of the quarter Following its annual or interim adoption by the City Council, this investment policy shall be remitted to the California Debt and Investment Advisory Commission. QUALIFIED BROKER/DEALERS Minimum eligibility criteria for dealers /brokers include a minimum of $1 billion in assets and a minimum of five years in business. The registration status of all dealers is checked with the National Association of Securities Dealers. E 99 City of Cupertino Investment Policy May 3, 2011 Dealers are required to acknowledge the receipt and review of the Statement of Investment Policy, to be familiar with the government code restrictions, and have experience with dealing with other municipal investors. Dealers are then selected on the basis of yields, services offered, and references obtained. They may be primary or secondary dealers. The financial institutions must submit a current annual audited financial statement to ascertain capital adequacy. COLLATERAL REQUIREMENTS Collateral is required for investments in certificates of deposit and repurchase agreements. In order to reduce market risk, the collateral level will be at least 102% of market value of principal and accrued interest. In order to conform with the provisions of the Federal Bankruptcy Code which provides for liquidation of securities held as collateral, the only securities acceptable as collateral shall be certificates of deposit, commercial paper, eligible banker's acceptances, medium term notes or securities that are the direct obligations of, or are fully guaranteed as to principal and interest by, the United States or any agency of the United States. AUTHORIZED INVESTMENTS Investment of City funds is governed by Within the context of the limitations, the herein: Code Sections 53600 et seq. tuthorized. as further limited 1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio that can be invested in this category, although a five -year maturity limitation is applicable. 2. Obligations issued by the Government National Mortgage Association (GNMA), the Federal Farm Credit System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Federal Home Loan Mortgage Association (FHLMC). There is no percentage limitation of the portfolio that can be invested in this category. A five -year maturity limitation is applicable. 3. Banker's Acceptances (bills of exchange or time drafts drawn on and accepted by commercial banks) may not exceed 180 days to maturity or 40% of the cost value of the portfolio. 4. Local Agency Investment Fund (LAIF), which is a State of California managed investment pool, may be used up to the maximum permitted by California state law. Investment officers will review LAIF's investment policy, investment mix, rate of return, etc. on a monthly basis. 0 100 City of Cupertino Investment Policy May 3, 2011 Investments detailed in items 5 through 10 are further restricted to percentage of the cost value of the portfolio in any one - issuer name to a maximum of 10 %. The total value invested in any one issuer shall not exceed 5% of the issuers' net worth. Again, a five -year maximum maturity limitation is applicable unless further restricted by this policy. 5. Commercial paper ranked P1 by Moody's Investor Services or A1+ by Standard & Poors, and issued by domestic corporations having assets in excess of $500,000,000 and having an AA or better rating on its long -term debentures as provided by Moody's or Standard & Poors. Purchases of eligible commercial, paper may not exceed 270 days to maturity nor represent more than 10% of the outstanding paper of the issuing corporation. Purchases of commercial paper may not exceed 25% of the cost value of the portfolio. 6. Negotiable Certificates of Deposits issued by nationally or state chartered banks, state or federal savings institutions, or state or federal credit unions. These institutions may use a private sector entity to assist in the placement of the certificates of deposit under the conditions specified by the Government Code. Purchases of Negotiable Certificates of Deposit may not exceed 30 % of the cost value of the portfolio. A maturity limitation of five years is applicable.' 7. Repurchase agreements that specify terms and conditions may be transacted with banks and broker dealers. The maturity of the repurchase agreements shall not exceed one year. The market value of the securities used as collateral for the repurchase agreements shall be monitored by the investment staff and shall not be allowed to fall below 102% of the value of the repurchase agreement. A PSA Master Repurchase Agreement is required between the City of Cupertino and the broker /dealer or financial institution for all repurchase agreements transacted. are not authorized. 9. Certificates of Deposit (time deposits), non - negotiable and collateralized in accordance with the California Government Code, may be purchased through banks, savings and loan associations, or credit unions. Within a limit of 30% of the cost value of the portfolio, these institutions may use a private sector entity to assist in the placement of the time deposits under the conditions specified by the Government Code. 10. Medium Term Corporate Notes issued by corporations organized and operating in the United States with a maximum maturity of five years may be purchased. Securities eligible for investment shall be rated A or better by Moody's or Standard & Poor's rating services. Purchase of medium term notes may not exceed 30% of the cost value of the portfolio. 11. Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue producing property owned, controlled or operated by the local agency or by a department, board, agency, or authority of the local agency. 7 101 City of Cupertino Investment Policy May 3, 2011 12. Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue producing property owned, controlled or operated by the state or by a department, board, agency or authority of the state. 13. Bonds, notes, warrants or other evidences of indebtedness of any local agency within this state. 14. Various daily money market funds administered for or by trustees, paying agents and custodian banks contracted by the City of Cupertino may be purchased as allowed under State of California Government Code. Only funds holding U.S. Treasury obligations, Government agency obligations, or repurchase agreements collateralized by U.S. Treasury or Government agency obligations can be utilized and may not exceed 20% of the cost value of the portfolio. 15. Ineligible investments are those that are not described herein, including but not limited to, common stocks and long term (over five years in maturity) notes and bonds are prohibited from use in this portfolio. It is noted that special circumstances arise that necessitate the purchase of securities beyond the five -year limitation. On such occasions, requests must be approved by City Council prior to purchase. TIFPn cTTc To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisorial agency of its record of meeting the credit needs of California's communities. All moneys earned and collected from investments authorized in this policy shall be allocated monthly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio. POLICY REVIEW The City of Cupertino's investment policy shall be adopted by resolution of the City Council on an annual basis. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. 102 RESOLUTION NO. 11 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JAGRITI MUKHERJEE AND ANIRUDDHA MUKHERJEE, 21856 HERMOSA AVENUE, APN 357 -16 -052 WHEREAS, Jagriti Mukherj ee and Aniruddha Mukherj ee, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 103 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -16 -052 21856 Hermosa Avenue, Cupertino, CA 95014 Ja riti Mukher'ee and Aniruddha Mukher`ee wife and husband as communi property with right of survivorship hereinafter referred to as the "GRANTOR ", this day of Afa ti(-- t , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying Iands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 104 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Jagriti Mukherj cc Aniruddha Mukherjcc (Acknowledgment and Notarial Seal Attached) 105 E State of California Counity of 19P tO Tt' A CLik On A P R l t_ t g before me, K, o_ & ,,3 N 7 SRw x L- t (Here insert name and title of die officer) personally appeared ICU "aRSeC- A7 AW P-v D_�1VA , who proved to me on the basis of satisfactory evidence to be the persolos whose namt�is are ubscribed to the within instrument and acknowledged to lne that he /she/ he executed the same in his/he lei authorized ze' signatur on the inshulnelst the persol�('s , or the entity upon behalf of capacity ( D I and that by his/her which the persor9s "acted, executed the instrument. F certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L RENEE SQUAR IA Commission 0 1908898 WITNESS my hand and official sea]. "Notary Public - California Santa Clara County y Comm. Expires Oct A, 2014 ignaturc of Notary Public (Notary Sea]) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date ¢4pKl�!)', Qi (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ individual (s) ❑ Corporate Officer (Title) ❑ I'artner(s) ❑ Attomoy -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ack nowledgment con�pleled in California must contain verbbtage exacrly as appears above in the notary section or a separate acknowledgment form ??rust be properly completed and attached to that document. The only exception is if a document is to be regorded outside of California. In ,such instances, any alter'natire act,ztowledgment verbiage as may be printed an smut? a documehr so long as tl?e verbiage does not require d?e notarp to do something that is illegal fora noraq in Califunria (i.e. ccrdA�ing the authorized capacigp of the signet). Please check the document carefully for proper notarial wording and alrach this form if required • State and County information must be the State and County where the document signor(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed, • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.c. Wsheftey, is /am) or circling, the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impressieu must,not cover text.or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise.compicte a different acknowledgment fomL • Signature of the notary public must match the signature on file with the office of the county clerk. +� Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v22,10.07 800- 873 -9865 wvnv.NotaryClasses.eom 106 EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: The West 56.0 Feet by uniform depth of 110,82 feet (measured from the center line of Hermosa Avenue 90 feet wide) of Section 64, as ...the same are so designated upon that certain Map entitled, "Map of Subdivision 'A'Monta Vista', and which said Map was filed For record In the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1971 in Book" P" of Maps, at Page 20, APN: 357 -16 -052 ARS:.357-16 -Q52 107. iuuoa ro v N N N iA O O W W N N .,, N ° N N � N o �p03a z m N 10056 l0 N � � r ro r O � N CO N N N 10 10222 N m N N N 21915 21910 21885 N N N : :071 21750 1pp�9 1pp N8 21846 21825 N N N N N r N N 030 rn o r r (V N O m r N 10090 21710 �d 21881 21920 21905 21890 21830 MAN [J .rn 10101 0038 10051 21742 - 0052 110. ^ O�O� N rn n N N W N in 10104 ro ° o °0 21925 rn N °' N N 2 1815 N N N ° r N ' u N O. F "' 21810 m l J ° r m r � STEVENS CREEK 10292 21801 Z o N N 10120 ° � 10121 N O o O BYRNE 10130 10005 0 0 10015 N N 10025 10035 10045 10055 10067 10079 10091 10103 10115 10127 10139- 10151 10175 10187 10199 10211 10235 10239 10247 10263 10279 10295 10301 10066 ro v N N O m N O O W W N N m M N ° N N � N ° ° N z m ro O m N w N � � r ro r O � N CO N N N 10 10222 N m N N N N N N N N : :071 21750 21846 r N N N N N N r N N of N rn o r r (V N O m r N 10090 21710 0 21881 v ° 0028 10030 21744 10095 [J r (O 10101 0038 10051 21742 - 0052 N 10290 n N N W N ro 10104 ro 004 N N N N N N N ° r N ' u N 10121 ntmiviv 10204 ro v N N O m N O O W W N N m M N ° N N ° N N N ° ° N z 10210 N m O m N °2 N � � r ro r O � N CO N N 21825 21835 " 21815 10217 10222 N O m N 10240 O rn N 21845 21805 s GRANADA AL IVI uEN o 10065 Q 10068 102 60 OLIVE z 10270 _ 10053 N ` 0 N o o J� Q rn � rn 21800 - 21750 r N N N N N N r N N of N rn o r r (V N O m r N 21710 0 0028 10030 21744 10036 10040 0038 10051 21742 - 0052 10290 0054 0056 004 10261 10284 w 21740 .0056 1005 rn ° r N ' u � o F "' �. N N ,�, N N l J ° r m r � GRANADA 10292 21801 Z o N N 10120 ° � 10121 Q O o O N N 10130 w Q 10120 10136 10135 Q 10140 10141 10130 1014 J- m m LOMITA O N O 10181 N N NNNN 10185 10190 10206 10195 10205 10210 10208 10217 10218 10228 10216 1022310221 10232 10238 M N N�N r LL� r N V M N O O N N s GRANADA AL IVI uEN o 102 60 OLIVE V N 10270 N o o J� 21800 - 21750 of N of N 10268 10207 21736 N m 21738 ` 10284 21744 10276 21742 10290 ° o 10261 10284 w 21740 rn ° r N ' u � ffnn V 10296 10300 "' �. N N ,�, N N 10292 21801 Z ": 21730 N N Q 10300 � s GRANADA PUBLIC WORKS DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subs ect Municipal Improvements, Kong -Yen Han and Sue -Jane Han, 21881 Dolores Avenue. Recommended Action Accept Municipal Improvements. Discussion The applicants have completed City - specified improvements in the City right -of -way including sidewalk, curb & gutter and driveway approach as required by the improvement agreement with the City. Prepared by Chad Mosley, Associate Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attachments: Map 109 RESOLUTION NO. 11 -064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, JAGRITI MUKHERJEE AND ANIRUDDHA MUKHERJEE, 21856 HERMOSA AVENUE, APN 357 -16 -052 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Jagriti Mukherjee and Aniruddha Mukherjee, for the installation of certain municipal improvements at 21856 Hermosa Avenue, and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk am - slum Mayor, City of Cupertino 111 Resolution No. 11- Page 2 DEVELOPERS: LOCATION: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS JAGRITI MUKHERJEE AND ANIRUDDHA MUKHERJEE 21856 HERMOSA AVENUE, APN 357 -16 -052 PART A Faithful Performance Bond: $ 2,674.00 1102211 PART B Labor and Material Bond: $ 2,674.00 1102211 PART C. Checking and Inspection Fee: $ 2,468.00 1104538 PART D. Development Maintenance Deposit: $ 1,000.00 1102211 PART E. Storm Drainage Fee — Basin 3 $ 150.61 2154073 PART F. Street Light - One -Year Power Cost: N/A 1104537 PART G. Map Checking Fee: N/A 1104539 PART H. Park Fee - ZONE III N/A 2804083 PART I. Reimbursement Fee: N/A 112 AGREEMENT 21856 Hermosa Avenue APN: 357 -16 -052 This AGREEMENT made and entered into this - [' T-s-r day of AP i2-t L- , 2011, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and JaLrriti Mukher'ee and Aniruddha Mukher'ee wife and ity p , p, ,ty_ husband as community ro er with right of survivorship, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit to construct a single family dwelling hereinafter referred to as "Project ". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Craftsmen's Guild, Inc., a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans ", and the work to be done under the Plans shall be called the "Work ". r 113 WHEREAS, pursuant to the provisions 6f this AGREEMENT, the CITY Hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: , Page 2 of 11 $2,674.00 $2,674..00 $2,468.00 $1 -` $150.61 NIA NIA NIA NIA 114 SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110 -2211 PART B. Labor and Material Bond: 110 -2211 PART C. Checking and Inspection Fee: 110 -4538 PART D. Development Maintenance Deposit: 1102211 PART E. Storm Drainage Fee — Basin 3 215 -4073 PART F. Street Light — One -Year Power Cost: 110 -4537 PART G. Map Checking Fee: 110.4539 PART H. Park Fee: Zone III 2804083 PART I. Reimbursement Fee , Page 2 of 11 $2,674.00 $2,674..00 $2,468.00 $1 -` $150.61 NIA NIA NIA NIA 114 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A ", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those, which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open Until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A ", and such other executed' conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: i. A preliminary title report issued by a title insurance company relating to the property offered for dedication. ii. A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of NIA and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is fizrther agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time „the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. B. , The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Page 3 of 11 115 Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, and standards approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. D. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. E. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his /her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him/her for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his /her full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond is as set forth in Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY, a labor and materials bond in a penal sum as set forth in ,Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and have been approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT ar otherwise indemnify the CITY for the DEVELOPER'S failure to do so.. Page 4 of 11 116 B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: i. Cash; or, ii. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, iii. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the- equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful performance surety bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the City Council. Schedule for bond and insurance release for paper bonds are as follows: i. Release of 90 percent of the faithful performance bond upon acceptance by City Council. ii. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iii. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iv. Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 5. CHECKING AND INSPECTION FEE It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof Page. 5 of 11 117 6. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part D) as a development maintenance deposit. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise during or after the construction of the development. The deposit shall also be used for copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 4 of this agreement. 7. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part E). 8. STREET LIGHT - ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents the power cost for street lights for one year. 9. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part G). 10. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the CITY approved list. 11. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such Iand to the CITY, prior to execution of this AGREEMENT, as is required within Section 18- 1.602,_, Park Land Dedication, Cupertino Municipal Code, and which is further stipulated herein at, Page 2 (Part H). bees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18 -1.602 of the Cupertino Municipal Code. Page 6 of 11 118 12. REIMBURSEMENT FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for the street improvements that have been installed by the City, or by another property owner. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part 1). Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: A. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. B. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within. said Project. Page 7 of 11 119 15. GOVERNMENT COSTS It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66193, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. PACIFIC GAS AND ELECTRIC/ AT &T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to AT &T, any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in. Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and/or AT &T that said fees are due and payable. 17. EASEMENTS AND RIGHT -OF -WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his/her own cost and expense. It is provided, however, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right -of -way, that the DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall be deposited with the City of Cupertino. 18. HOLD HARMLESS It is further agreed that commencing with the performance of the Work by the DEVELOPER or his/her contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees qpd independent contractors, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 19. INSURANCE It is further agreed that: the DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy .of Page S of 11 120 insurance naming the CITY and members of the City Council of the City of Cupertino individually and collectively, and the officers, agents and employees of the CITY individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with an aggregate Iimit of not less than $2,000,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof, The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy of policies of insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to policy as specified above. V7 20. MAPS AND /OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and /or plans at the DEVELOPER'S expense: A. A mylar blackliAc and five (5) prints of fully executed parcel map. B. A mylar blackline and twelve (12) prints of fully executed improvement plans. Page 9 of 11 121 C. A scan in raster format of all executed improvement plans and map. . D. One (1) % size prints of fully executed plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is .required to pay actual overage prior to return of original plans. V Page 10 of 11 122 21. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors successor, assignee and transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused their name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to form- City Attorney Mayor City Cleric DEVELOPER: .Ia�kherjee Attach Notary acknowledgement Page I I or I I Q-Qj-- N"'� Aniruddha Mukherjcc u 123 State of California County of SAN On 6�t� 1 9. j . � i�. t _ before nee, R_g_ P E 5 u Were insert name and lid of the officer) personally appeared JA C; M u -�9' who proved to me on the basis of satisfactory evidence to be the perso s) Dose nam6) is/ re subscribed to the within instrunient and acknowledged to ine that lie /she he execute the same in his/he lei authorized capaci des and that by his /her ei signatur s) u the instrument the persol a or the entity upon behalf of which the persol s cted, executed the instrument. I certify under PENALTY OF PER-JURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. k 't4� &nsz "- ignature of Notary Public rA KiRSTEN RENEE SQUARCIA Commission 0 008898 Notary Public e Calitomia Santa Clara County M Comm. Expires Oct 4, 2014 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Z ;� aSla v uE (Title or description ofattached document continued) Number of Pages ..."— Document Date t- I AP 1J 35-7 _ 1 2 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer. (Title) ❑ Partzier(s) ❑ Attorney -in -Fact ❑ Trustee(s) C] Other INSTRUCTIONS FOR COMPLETING THIS FORM Ally acknowledgment completed in California must contain verbiage exactly as appears above in the notmy seclion or a separate aaA'vvw1edgment, form crust be properly completed and attached to that document. The only exception is if a document is to be recorded outside ofCatifolrnia. In Stich instances, any alter13ative acknowledgment verbiage as pray be printed on such a document so long as the verbiage does not require the notary to do sonrelhing that is illebal fa• a notary in California (i.e. cerlt)5+ntg the authorized capacity of the signer). Please check the docurent carefully far proper notarial wording and attach this jinn if required. • State and County information must be the state and County where the document signcr(s) personally appeared before the notary public for acknowledgment. • Date of rtotarization'must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or tier commission followed by a comma and then your title (notary public). • Print the name(s) of document signor(s) who personally appear at the time of notarization, • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /she/t (e , is /aro) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must,no$. cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is trot required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date, Indicate the capacity claimed by the signner. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA x12.10.07 800 - 873 --9865 www.NotaryClasscs.com 124 iuuoa ro v N N N iA O O W W N N .,, N ° N N � N o �p03a z m m N 10056 l0 N � � r ro r O � N CO N N N : :071 10 10222 N N N N 21915 21910 21885 N N N 21800 - 21750 1pp�9 1pp N8 21846 21825 N N N N N r N N 030 rn o r r (V N O m r N 10090 21710 �d 21881 21920 21905 21890 21830 MAN [J .rn 10101 0038 10051 21742 - 0052 110. ^ O�O� N rn n N N W N in 10104 ro ° o °0 21925 rn N °' N N 2 1815 N N N ° r N ' u N O. F "' 21810 m l J ° r m r � STEVENS CREEK 10292 21801 Z o N N 10120 ° � 10121 N O o O BYRNE 10130 10005 0 0 10015 N N 10025 10035 10045 10055 10067 10079 10091 10103 10115 10127 10139- 10151 10175 10187 10199 10211 10235 10239 10247 10263 10279 10295 10301 10066 ro v N N O m N O O W W N N m M N ° N N � N ° ° N z m m ro O m N w N � � r ro r O � N CO N N N : :071 10 10222 N N N N N N N N N 21800 - 21750 21846 r N N N N N N r N N of N rn o r r (V N O m r N 10090 21710 0 21881 v ° 0028 10030 21744 10095 [J r (O 10101 0038 10051 21742 - 0052 N 10290 n N N W N ro 10104 ro 004 N N N N N N N ° r N ' u N 10121 ntmiviv 10204 ro v N N O m N O O W W N N m M N ° N N ° N N N ° ° N z 10210 N m O m N °2 N � � r ro r O � N CO N N 21825 21835 " 21815 10217 10222 N O m N 10240 O rn N 21845 21805 68 s GRANADA AL IVI uEN o 10065 Q 10068 102 60 OLIVE z 10270 _ 10053 N ` 0 N o o J� Q rn � rn 21800 - 21750 r N N N N N N r N N of N rn o r r (V N O m r N 21710 0 0028 10030 21744 10036 10040 0038 10051 21742 - 0052 10290 0054 0056 004 10261 10284 w 21740 .0056 1005 rn ° r N ' u � o F "' �. N N ,�, N N l J ° r m r � GRANADA 10292 21801 Z o N N 10120 ° � 10121 Q O o O N N 10130 w Q 10120 10136 10135 Q 10140 10141 10130 1014 J- m m LOMITA O N O 10181 N N NNNN 10185 10190 10206 10195 10205 10210 10208 10217 10218 10228 10216 1022310221 10232 10238 M N N r N N O O O r r N N 68 s GRANADA AL IVI uEN o 102 60 OLIVE V N 10270 N o o J� 21800 - 21750 of N of N 10268 10207 21736 N m 21738 ` 10284 21744 10276 21742 10290 ° o 10261 10284 w 21740 rn ° r N ' u � ffnn V 10296 10300 "' �. N N ,�, N N 10292 21801 Z ": 21730 N N Q 10300 � 68 s GRANADA RESOLUTION NO. 11 -065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, VINOD BALAKRISHNAN AND RANJU RAJAN, 10447 NORTH BLANEY AVENUE, APN 316 -33 -111 WHEREAS, Vinod Balakrishnan and Ranju Rajan, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 126 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -33 -111 10447 North Blaney Avenue Cupertino, CA 95014 Vinod Balakrishnan and Ranju Raian, husband and wife as community property with right of survivorship hereinafter referred to as the "GRANTOR ", this day of / fl,' , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 127 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. }fx Vinod _, ii.i Ranju Raj an (Acknowledgment and Notarial Seal Attached) 128 EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CJIY OF CUPERTINU, COUNTY OF SANTA C l ARA, STATE OF CALIFORNIA, AND I5 DESCRIBED AS FOLLOWS: Lot 2, as shown on that certain Map entitled, "Tract No. 3086 Belmont ", which Map was flied for record in the O flue of the Recorder of the County of Santa Clara, State of California, on January 29, 1962 in Book 142 of Maps, at Page(s) 30. APN: 316 - 33-111 - - -. ...... ....... ..129. . r . , IL State of California County of On / 9 &/ a / 7a ll ' before me, personally appeared Ll "'Y' w (Here insert name and title of the P ; s P i tie, 16 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to tree that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, su>tar>�I�c WITNESS my hand and o ial seal. CM. 9 tatN7is i '- Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL. INFORMA'T`ION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) El Corporate Officer (Title) ❑ Partner(s) 11 Attorney -in -Fact ❑ Trustee( L1 Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ach- rowledgment compleled iii Califor=nia 171UNI earifa..in Verbiage exactly as appears abpve fn the nafaiy section or a separate acknawledgment must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment mr•biage as pray be printed on such a document so long as the verbiage does not require the notary to do something that is illegal far a nolaiy in Califonda (i.e. cert�ing the auihorized capacity of the signer). Please check the document carefully for proper' rratar•tal wording and attach this form (required. • State and County information must he the state and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission.followed by a coma and then your title (notary public). • Print the names) or document signcr(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fours (i.e. ha /she /the;;• is /are.) or circling the correct forms, Failure to correctly indicate this information may lead to rejection ofdoeument recording. • The. notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of tlta notary public must match the signature on file with the office of the county clerk. •. Additional, information is not required but could help to ensure this acknowledgment is not misuscd or attached to a different document S• htdicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer, if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), e Sccutcly attach this document to the signed document 2008 Version CAPA v12.1o_Q7 800- 873 -9865 www,NotaryClasscs.eom a � � NOTARY PUBLIC - C&VL�ORNIAN r SANTA cL�tr�a COUNTY i-.T- 1Ay COMM. expires 5ept.1�, 2072 130 State of California � j�� County of :: � k [ r On 4 A00 Z 1 9 before me, u �f' d vI Cc 5 r Z r .� (insert name and title of the officer) personally appeared , f Q�.y ,? ° ` who proved to me on the basis of satisfactory evidence to be the person(s) w ose name is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUM 18MASZAK 9 COMM. 0 1913793 o . w: 4 NOTARY ptlBM - CAUFORNiAM SANTA CLAM COUNTY Signature (Seal) My Comm. expims is, 2D72 131 " 10685 10684 f f 10698 f 10697 10689 O 10706 10696 D 10671 f f 0678 10677 O 10670 10654 > _ n 1065 1066 9 0668 10667 >0686 W 10657 10656 10659 rr/^� 10658 10657 vJ 10656 10666 10676 10649 0648 10647 O 10643 10642 10639 O' A'NGEWOOD 10646 S 10629 10628 1061 0626 10622 .a 10615 ,. -- BEEKMAN } 10601 p 10600 s o 0 0 0 0 o o � 0 10587 LL 10586 TREE ,0570 10570 10564 , j ,955 7, , CEDAR 6, 10573 10572 10575 W 10574 10573 10572 10571 16554 10558 10555 10558 W -. 10$44 0551 < 10557 10556 10555 10554 10553 10552 10551 . 10540 10541 10546 ,0545 / �/ LL 10546 f�" 10541 10540 10545 f I'1 10544 �3 7 0 10541 10534+ 'o, �� 10535 10534 10535 O 10534 Z � 1p51a W -10525 10524 10535 < 10522:_ �� 2 10531 10532�� 10521 ;, N 10522 10521 Q 10522 ^LL 10511 10510 O 10510 10511 >- 10510 10511 10510 _ ,0515 10514 N 10521 .. U • MERRITT 10500 :10491 16496 °491 1649 6 "' N N 20046 10471 10480 10481 10484 10480 10462 10463 10460 10461 � N N N N N 10460 m APPLE TREE 0454 1 °455 0450 0451 16456 1( ^ 104: 20150 20130 10446 10449 10436 10433 10446. 10447 BAYWOO D 1g gd5 104240 T1100443497 10438 0439 10438 10439 10438 10439 19835 19821 10 10420 19805 10424 10430 10431,.. 10430' 10431 10430 10431 10431 >— may' 19841 19840 10415 W 10416 10415 L LJ 10416' 10415 10416 1041 Z '99)3 �� 9�1 1 10 10404 W W Q 0�6^ S. 19844 LLLLr f '() J 0390 19975 u i 19843 L� 10401 10400 10401 L 10400 ;10401 10400 104 m � 19850 10 (n 10384• > W 10370 19981 m m m m 19895 19851 \ N 10386 10385 Z 10386 10385 10386 1 85 c _� r n 19854 10 10385 L U J - - PEAR TREE E: 10364 i..i..i , 6376 3„ 10£ ' 10371 2 10370 10371 A L L 10370 10371 ui 7 B� U I n 2 S� 10344 10356 10355 10356 10355 10356 0355 - f 103 ® 1 1 1 JI M �� _ 1 � 1 ��5 1 �� sw■�w� 10255 10253 'Ii C N � RESOLUTION NO. 11 -066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, TAIPING WANG AND MEICHUAN SUN, 19089 TILSON AVENUE, APN 375 -08 -056 WHEREAS, Taiping Wang and Meichuan Sun, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 133 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375 -08 -056 19089 Tilson Avenue Cupertino, CA 95014 Taiping Wang and Meichuan Sun, husband and wife as community property with right of survivorship hereinafter referred to as the "GRANTOR ", this 4 i'�t day of 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 134 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. T ping an ' Meichuan Sun (Acknowledgment and Notarial Seal Attached) 135 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 206, as shown on that certain Map entitled Tract No. 550 Loree Estates Unit No. 2, which Map was fled for record in the Office of the Recorder of the County of Santa Clara, State of California, on January 03, 1949 in Book 22 of Maps at page(s) 4 and 5. APN:375 -08 -056 136. O State of California County of Ctywa C(a/ l� On before me, personally appeared /A-U 1 \1ol roy Pt, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s), /are subscribed to the within instrument and acknowledged to me that Wrhe /they executed the same in hider /their authorized capacity(ies), and that by bi*Aw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. $ _ _ _ _ _ _ ADDITIONAL., OPTIONAL, INFORMATION D OF THE ATTACHED DOCUMENT / (Title or description of attached docu cat) _L ti owro WX �' b (Title or description of attached document continued Number of Pages 3 Document Date A �� 1 (Additional information) CAPY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) © Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPUTING THIS FORM Any ackrrowledenent completed in California must contain verbiage exactly as appears above in The notary section or a separate acknowledgment form roust be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as pray he printed on such a docrmrent so long as the verbiage does not require the notay to do sontelhing that is illegal for a notary in California (i.e. cer116 the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this for•rrr if required. • State and County information must be the State and County where the document signcr(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her, name as it appears within his or her commission followed by a comma and then "your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e. helsbcAhey is late) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document rceording. • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a dif ferent document, Indicato title or type of attached document, number of pages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800 - 873 -9865 wwwNutaryClasses.com (Here insert name and title of the offs �? kI-e� &kL _� 137 .I � F 10265 - 1 10264 10265 10264 10265 10264 1 10279 ro 10278 10279 10278 10279 10278 1 m 10276 10293 ° 1 10292 10293 10292 10293 10292 MURIEL 1 10306 10307 10306 10307 10306 1 50 c `' N 10311 rn rn M rn 10320 10321 10320 10321 10320 1 10325 1 10334 10335 10334 10335 10334 10339 1 rn M` 10348 10349 C) 10348 10349 LLJ 10348 1 O 10351 3 m 10362 10363 10362 10363 10362 TWIG 1 10374 10377 10376 10377 10376 O rn M 10375 1 rn rn 10380 10381 10380 10381 10380 1 10385 1 m 10395 10 � 10394 10394 10395 10394;;1 �^ 10409 1 10 421 10408 10409 10408 1i rn 0 0 rn r- 0 0 0 rn rn rn rn rn CD rn 10422 10422 10423 10422 LO 0) rn 10455 _ TILSON °° 10466 rn 10479 00 v o 0 0 0 0 61 r 0 O 0 p N o O 00 o r V O PHIL 10478 ° ° o a 00 10490 9141 O O O co O) p W W W W � W co W m m W BARNHART W co 10510 19144 v 1051 9090 c , 0 0 10511 0° 0 0 `r ro N ° °� C) p p o 10510 18980 rn 10524 w 10525 1 20 4 10536 ��s Lo o v M n LO N 0 0 0 o J 10540 18981 r `u 10548 0541 �0S6 0) rn V a Q � 10560 PENDERGAST Q f 0 h o � S,r0S69 05 6, 19050 10570 ^�� A Ei ■ - - . .. AiWt acff fa, r I 1-ff,iinrwrz,irff,i VILinfor _.4w .. .. .. ll tiin-ff 0 t :. 8954 .I � PUBLIC WORKS DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subs ect Stevens Creek Corridor Project Phase 11 grant application for Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding. Recommended Action Adopt Resolution No. 11- , authorizing allocation of TDA Article 3 funding. Discussion The Transportation Development Act (TDA) is a source of funds created by state legislation which annually returns to each region in the state 1/4 of 1% of sales tax revenues to be used for transportation projects. A portion of these funds are set aside for bicycle and pedestrian projects. In order to receive funds in the 2011 -12 funding cycle, the City of Cupertino must submit an eligible project to the Santa Clara Valley Transportation Authority (VTA) and to the Metropolitan Transportation Commission (MTC). VTA has estimated that the City of Cupertino can receive up to $103,179 for an eligible project in Fiscal Year 2011 -12, inclusive of banked funds from prior years. The MTC requires that the City Council adopt a resolution (Attachment 1) to authorize filing for FY 2011 -12 TDA funding. Staff and the Bicycle Pedestrian Commission (BPC) recommend applying this funding toward implementation of the Stevens Creek Trail and associated features in the Stevens Creek Corridor Phase II project. Seventy percent of the annual allocation is guaranteed to member agencies based on population. For eligibility, projects must be • reviewed by the City's Bicycle Pedestrian Commission, • included in an approved bicycle plan if a bicycle project, • have environmental clearance prior to expenditures for construction, • have an authorizing resolution, and • be able to begin implementation within one year. The VTA reviews the submitted projects for eligibility and then submits their list of recommended projects to MTC for approval. The Bicycle Pedestrian Commission (BPC) considered this TDA funding opportunity at its March 16, 2011 meeting (Attachment 2 — draft BPC meeting minutes from March 16). The BPC supports allocating the available TDA Article 3 funding toward design engineering and construction of the Stevens Creek Corridor Phase 11 project, specifically to extend Stevens Creek 139 Trail and provide the associated improvements that support trail use by pedestrians and cyclists. Based on BPC's recommendation, staff filed an application by the April 15, 2011 deadline to direct Cupertino's available TDA funding toward those eligible expenses. This report requests that the City Council endorse using Cupertino's guaranteed share of TDA Article 3 funds to provide funding toward the design engineering and construction for eligible elements of Project 9134, Stevens Creek Corridor Phase 11. This project will provide a new multi -use pedestrian and bicycle trail, bridge, crosswalk, parking modifications to accommodate trail users, and trailside amenities. With the Council's endorsement of this request and adoption of the resolution, the City can receive its share of TDA funds and apply them toward Stevens Creek Corridor Phase 11. Fiscal Impact TDA Article 3 is a program that reimburses cities for the incurred costs of approved projects. The VTA estimates the City will receive funds in the amount of $103,179 from the City Guarantee Fund apportionment. New grant revenue is a positive fiscal impact. Sustainability Impact Implementation of the new trail segment to be funded by this grant program would fully support the City's sustainability goals. Prepared by: Gail Seeds, Stevens Creek Corridor Restoration Manager Reviewed by : Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attachments: Attachment 1 — Resolution Attachment 2 — Draft Bicycle Pedestrian Commission meeting minutes 140 ATTACHMENT 1 RESOLUTION NO. 11 -067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2011 -12 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIANBICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and /or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled "Transportation Development Act, Article 3, Pedestrian/Bicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of "TDA Article 3" funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Cupertino desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and /or use of pedestrians and /or bicyclists; NOW, THEREFORE BE IT RESOLVED, that the City of Cupertino declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Cupertino to carry out the project; and furthermore, be it RESOLVED, that the City of Cupertino attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim. 141 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3 rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk IR S - 11W Mayor, City of Cupertino 142 RESOLUTION NO. 11- Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2011 -12 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 That the City of Cupertino is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Cupertino legally impeded from undertaking the project(s) described in "Attachment B" of this resolution. 2. That the City of Cupertino has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right -of -way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right -of -way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and /or design engineering; and /or for the maintenance of a Class I bikeway which is closed to motorized traffic; and /or for the purposes of restriping Class 11 bicycle lanes; and /or for the development or support of a bicycle safety education program; and /or for the development of a comprehensive bicycle and /or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Cupertino within the prior five fiscal years. 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.). 9. That any project described in Attachment B that is a "Class I Bikeway," meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the proj ect(s) described in Attachment B are ready to commence implementation during the fiscal year of the requested allocation. 11. That the City of Cupertino agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 143 RESOLUTION NO. 11- Attachment B Short Title Description of Project: Stevens Creek Corridor Park, Phase II Amount of claim: $ 103,179 Description of Project: Design and construct % mile of multi -use trail along Stevens Creek in Cupertino. The new trail segment will extend from Blackberry Farm Park to Stevens Creek Boulevard. The trail will be all- weather, accessible, open year -round and will serve pedestrians and cyclists. The new trail will link % mile of existing trail that was completed in 2009 to VTA bus stops and bike lanes on Stevens Creek Boulevard. The project includes a new clear -span bridge over Stevens Creek. The bridge will link park land and open space on the creek's east bank to five acres of city property on the west bank that this project will open to the public. The project includes a new trail, fencing, amenities (such as benches, signage, trash receptacles), trailside plantings, new crosswalk, and parking modifications to accommodate trail users. 144 ATTACHMENT 2 DRAFT MINUTES MINUTES OF THE REGULAR MEETING OF THE BICYCLE PEDESTRIAN COMMISSION March 16, 2011 The meeting was called to order at 7:01 pm ROLL CALL: Present: Commissioners Alan Takahashi, Mark Fantozzi, Ashish Kolli, Jill Mitsch, William Chan Absent: None Staff: David Stillman VISITORS: James Wiant, VTA BPAC Gail Seeds Mike Bullock (via phone) ORAL COMMUNICATIONS Mike Bullock presented via phone the unbundling of car parking proposal. Commissioner Takahashi reports that he was in contact with Carl Hagemeyer of Los Altos BPAC regarding the 280/Foothill Striping. CalTrans will go along with what County decides. Commissioner Chan reported that Public Safety wants safe route to school maps. Mr. Stillman may need a subcommittee to go school by school to define safe routes. Commissioner Chan reported that the Teen Commission will have a walk to school week the last Wednesday in March for two weeks. Commissioner Chan reported that library parking is resolved by negotiating with private lot for after hours and weekend parking. WRITTEN COMMUNICATIONS Commissioner Chan reported that he e- mailed the new Sheriff, Carl Neusel and received slides for safety presentation for students. Bicycle accidents in 2011 are: January: 0 and February: 1. ORDERS OF THE DAY 1) Receive VTA BPAC Report: Jim Wiant • The National Household Travel Survey • 2011 TFCA Program Manger Fund • Popular County Bike Ride workshop was discussed APPROVAL OF MINUTES 2) February 16, 2011 The Commission approved the minutes 5 -0. 145 NEW BUSINESS 3) Stevens Creek Trail Update Ms. Seeds presented the report for Stevens Creek Corridor Park Phase 2 project. The project includes construction of a new segment of Stevens Creek Trail. The new segment will connect the existing trail within McClellan Ranch and Blackberry Farm parks to Stevens Creek Boulevard. Staff will report to City Council on this project in May in time for capital program funding in May /June. Ms. Seeds would like Commission to consider Phase 2 project for TDA Article 3 Funding. 4) Call for Projects, Transportation Development Act Article 3 Commissioner Takahashi moved to recommend TDA Article 3 Funding for Stevens Creek Corridor Park Phase 2. Commissioner Fantozzi seconded. The Commission unanimously approved the motion. 5) Bike to Work Day Commissioner Takahashi reported that May 12 is Bike to Work Day and the Commission will sponsor an energy station at Quinlan Community Center. The Commissioners are encouraged to volunteer at the stations. Commissioner Chan will meet with businesses that are having energizer stations to see how they are promoting the event. 6) Fun Run Pace Bike Commissioner Takahashi will close loop on plan for Pace Bike at Big Bunny Run on April 23 and finish action item by the April meeting. 7) School Bike Repair Nights Commissioner Takahashi will follow up with schools on list to confirm dates for Bike Repair dates. OLD BUSINESS 8) Hotlist Review #1 Item has closed #18 Mr. Stillman will recommend 3 -way stop to Council #28 Work has begun #30 Still putting beacons in island, happening within next couple months #33 Patched, done #34 Mr. Stillman to check if loops are marked #35 Installing new loops all around in 4 directions, striping after loop, will be completed in one month #36 Mr. Stillman needs to check on this #37 Brought to Contractor (Public Works Communicated #38 Public Works to check out FUTURE AGENDA ITEMS No items were proposed at this time. 146 ADJOURNMENT Meeting adjourned at 8:55 p.m. SUBMITTED BY: Jill Mitsch, Commission Chair 147 PUBLIC WORKS DEPARTMENT CUPERTINO Subs ect CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11 -12. Recommended Action Adopt Resolution Nos. 11- and 11- Description The current agreements will expire on June 30, 2011. The new agreements have been approved by the County of Santa Clara and presented to the fifteen cities for approval. Components of the Implementation Fee have been set at the appropriate levels to fund the AB939 and HHW programs. Discussion AB939 Implementation Fee for FY 11 -12 The Recycling and Waste Reduction Commission (RWRC) of Santa Clara County has determined that in order to fund the HHW services and expanded Universal Waste management in the fifteen cities and the unincorporated area of the County, the Fee should be set at $4.10 per ton, which includes two components, $1.50 to fund AB939 Programs and $2.60 to fund the Countywide HHW Program. This fee reflects no increase from FY 2009 -10 and from FY 2010- 11. Since July 1992, the County of Santa Clara has collected a Countywide AB939 Implementation Fee (Fee) from landfills and non - disposal facilities within the County. The Fee is levied on each ton of waste delivered to the landfills and non - disposal facilities. That portion of the Fee collected on behalf of the cities of Santa Clara County (approximately $50,000 to 60,000 annually for the City of Cupertino) is distributed to the cities quarterly for the purpose of funding city - specific programs required for meeting AB939 waste stream diversion goals. am Countywide Household Hazardous Waste Collection program for FY 11 -12 As in the past, the County recommends that the City augment its FY 2011 -12 budgeted amount to meet estimated residential participation. The same augmentation that Cupertino budgeted for FY 10 -11, $65,000, is recommended to ensure that its residents are not turned away from the County's drop -off events for safe disposal of household hazardous waste. The City of Cupertino recently started a pilot HHW collection program as part of its waste collection franchise Agreement with Recology. Beginning November 1, 2010, Recology began providing, by sub - contract with Waste Management Curbside LLC, door -to -door household hazardous waste collection service to Cupertino residents. Based on preliminary numbers, an average of fifty -five (55) households are using this service each month. It is too soon to determine the success of Cupertino's new pilot HHW collection program. The sub - contracted company recently changed owners and City staff is beginning to evaluate the City's role and responsibility as a permitted residential hazardous waste collector. Therefore, staff recommends that the City continue to participate in the County HHW collection program in parallel with offering its door -to -door collection -by- appointment during fiscal year 2011 -2012. Next year the County AB 939 and HHW agreements will be brought back to Council for annual review and approval. At that time there will be over a year's worth of data and residential feedback, which will help to determine the success or drawbacks of the City's pilot program. By keeping the HHW budget at $65,000 for FY 11 -12, the City will provide Cupertino residents with access to the County's drive- through collection events in case there are setbacks involving the pilot program. The City is invoiced annually for the residential participation that took place during the preceding fiscal year. The City pays only for residents that actually participated in the County's drive- through events. In November 2010 the City was invoiced for $44,000 for participation in FY 09 -10, leaving $21,000 in unspent budget for FY 09 -10. Fiscal Impact Approving the AB939 Implementation Fee for FY 11 -12 will have no fiscal impact. Approving the Countywide Household Hazardous Waste Collection program for FY 11 -12 and setting the budget at $65,000 for an additional year will ensure that Countywide HHW program is funded at the appropriate amount for Cupertino residents. Prepared by Cheri Donnelly, Environmental Programs Manager Reviewed by. Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attachments: A - Resolution, Agreement for Countywide AB939 Implementation Fee B - Resolution, Agreement for Countywide Household Hazardous Waste Collection Program C - Agreement for Countywide AB939 Implementation Fee D - Agreement for Countywide Household Hazardous Waste Collection Program 149 ATTACHMENT A RESOLUTION NO. 11 -068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FOR FY 11 -12 WHEREAS, there has been presented to the City Council the "Agency Agreement for the Countywide AB939 Implementation Fee ", between the County of Santa Clara and the City of Cupertino; and WHEREAS, a countywide AB939 Implementation Fee was established in 1992 to assist the fifteen cities and the county unincorporated area to fund the costs of preparing, adopting, and implementing an integrated waste management plan in each jurisdiction as specified in the agreement; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined the fee should be $4.10 per ton for fiscal year 2011 -12 of the 1 -year term of the new Agency Agreement for Countywide AB939 Implementation Fee (Agreement) (July 1, 2011 to June 30, 2012) and imposed on each ton of waste landfilled or incinerated within the county or generated within the county and subsequently transported to non - disposal facilities or collection facilities located outside the county; and WHEREAS, the Agency Agreement provides for the County to administer the program to collect fees, and distribute the fees to each jurisdiction; and WHEREAS, said Agreement states the terms and conditions under which County will collect and distribute the fee for a 1 -year term that begins July 1, 2011, and provides for subsequent one -year extensions upon the written agreement of the County and cities; and WHEREAS, the provisions of the new Agency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "the Agency Agreement for the Countywide AB 939 Implementation Fee for FY 11 -12" and authorizes the Mayor and the City Clerk to execute said agreements on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 150 ATTACHMENT B RESOLUTION NO. 11 -069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 11 -12 WHEREAS, there has been presented to the City Council a new "Agreement For Countywide Household Hazardous Waste Collection Program ", between the County of Santa Clara and the City of Cupertino; and WHEREAS, the Agreement will provide for continued city participation in the household hazardous waste collection program for fiscal year 2011 -2012; and WHEREAS, the provisions of the Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "The Agreement for Countywide Household Hazardous Waste Collection Program for FY 11 -12" and authorizes the Mayor and the City Clerk to execute said Agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 151 ATTACHMENT C AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the day of 2011. The term CITIES may refer to CITIES collectively or individually. RECITALS WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management plans and programs in the fifteen cities and the unincorporated area of the county; and WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non - disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste (HHW) services; and WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the requirements of state law; and WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and car batteries; and AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 152 WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton in FY 2012 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a HHW Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non - disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Non - Disposal Facilities are defined as those facilities included in the County of Santa Clara Non - Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein. 2. SERVICES PROVIDED BY COUNTY COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non - disposal facilities listed in Exhibit A, and any landfill or non - disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non - disposal facility operators with the County Integrated Waste Management Division. The COUNTY shall require each landfill and non - disposal facility to submit required payment, documentation of tonnages disposed, and state - mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and /or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non - disposal facility operators. FA // AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 153 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non - disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HHW operations. 5. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self - insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement. Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY's sole negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non - disposal facility payments and disposal documentation required for calculation of Fee AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 154 distribution amounts. Distributions shall begin December 15, 2011, and continue quarterly through October 15, 2012. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter into the Agreement, CITIES's share of funds collected for Abandoned Waste Disposal Costs will be paid directly to the Countywide HHW Program as described in Exhibit C, Section 3. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non - disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of moneys received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non - disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non - disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 155 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2011 to June 30, 2012, or until all funds from the last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non - disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2011. Said landfills and non - disposal facilities will be billed for the Fee through June 30, 2012. 16. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of Contact: Title: Address: County of Santa Clara Contact: Program Manager Program: Integrated Waste Management Division Address: 1553 Berger Drive Building 1 City: San Jose, CA 95112 17. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 156 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. 19. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below: "COUNTY" Signature: Kevin O'Day Director of the Department of Agriculture and Environmental Management Date: APPROVED AS TO FORM AND LEGALITY Mark Bernal Deputy County Counsel Date: "CITY" CITY OF A municipal corporation By: Title: Date: APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE Sylvia Gallegos Deputy County Executive Date: AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 157 EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON - DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility Environmental Resource Recovery, Inc. (Valley Recycling) Green Earth Management LLC Kings Row Recycling Facility Green Waste Recovery Facility GreenTeam of San Jose Material Recovery Facility and Transfer Station Guadalupe Landfill Material Recovery Systems Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Transfer Station Pacific Coast Recycling, Inc. Premier Recycling Facility Recology Silicon Valley Processing and Transfer Facility The Recyclery at Newby Island San Martin Transfer Station Smurfit -Stone Recycling San Jose Facility South Valley Organics Stanford Recycling Center and Direct Transfer Facility Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z -Best Composting Facility Zanker Materials Processing Facility Zero Waste Energy Development Company Anaerobic Digestion Facility AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 158 EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste disposed of in landfills or taken to non - disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction's percent of countywide population, according to the latest available population report issued by the California Department of Finance. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 159 EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under A13939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, $2.60 per ton in FY 2012, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services. Funds derived from the HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Cities and Counties." B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance from previous years will fund the Abandoned Wastes Disposal Costs for FY 2012. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined by the most recent "Population Estimates for California Cities and Counties" Report as published by the California Department of Finance, Demographic Research Unit. D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $1.85 per household in FY 2012. Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit increases. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 160 3. ABANDONED WASTE DISPOSAL COST The existing unexpended abandoned waste fund balance of $110,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations for FY 2012. Therefore it is not necessary to apportion any of the Fee for FY 2012 for abandoned waste disposal costs. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $67 per car for Fiscal Year 2012. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and /or provide additional services in that jurisdiction where the level of 4% is not reached the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of fixed program cost and variable per car cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, universal waste collection, emergency HHW services, funding HHW public education, or providing special programs such as door -to -door collection of HHW for the elderly and /or persons with disabilities and neighborhood clean -up events. 7. PROGRAM FUNDING PASS - THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 10 161 their pro -rata share of funding received by the COUNTY from the HHW Fee, with the exception of funds for the abandoned waste cost, described above. If CITIES not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The pro -rata share of liability will be shared as defined in Section 28 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 11 162 EXHIBIT D SECTION 28 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non - county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 12 163 for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 13 164 ATTACHMENT D AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the County of Santa Clara (COUNTY) on the _ RECITALS day of 2011. WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps containing mercury, household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring household hazardous wastes to any household hazardous waste collection event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the County Board of Supervisors approved on February 7, 2006 to modify the Countywide Household Hazardous Waste Program to include the collection and management of electronic waste (e- waste) which includes, but not limited to, radios, televisions, computers, printers, monitors, photocopying machines, fax machines, oscilloscopes, computing accessories; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2012; and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2012 on each ton of waste AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM (CITY) and the 165 landfilled or incinerated within the county, received at any non - disposal or collection facility located within the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the county, or removed from any location in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under A13939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, $2.60 per ton in FY 2012, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most Report, "Population Estimates for California Cities and Counties." B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance of approximately $110,000 from previous years will fund Abandoned Waste Disposal Costs for FY 2012. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined by the most recent "Population Estimates for California Cities and Counties" Report as published by the California Department of Finance, Demographic Research Unit. D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2 166 The projected Fiscal Year 2012 AB939 HHW Fee funding allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. 3. FIXED PROGRAM COST Fixed Program Costs shall be $1.85 for FY 2012. Estimated HHW Fixed Costs for FY 2012 are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. 4. ABANDONED WASTE DISPOSAL COST The existing unexpended non - profit abandoned waste fund balance of approximately $110,000, will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $67 per car for Fiscal Year 2012. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and /or provide additional services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e- waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop -off and collection events, or providing special programs such as door -to -door collection of HHW for the elderly and /or persons with disabilities and neighborhood clean -up events. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 167 7. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. 8. PROGRAM PUBLICITY The COHHW Program shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events, community fairs. The brochure will also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The COHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: • Serving as the formal contact to the local media such as local newspapers and television news stations; • Providing participating jurisdictions with educational materials developed for the COHHW Program; • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and, • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY's public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: • Providing a copy of HHW promotional materials to the COHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing communications to residents for local and city newsletters, newspapers and to the electronic media; • Providing the COHHW Program with a copy of locally produced materials; and, AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4 •i • Conducting and supporting outreach and publicity to attain the 4% goal of household participation. 9. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all vendor contracts necessary to operate the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to form and legality and the Office of the County Executive. 10. TEMPORARY HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at the following two County Household Hazardous Waste Collection Facilities (CoHHWCF): Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale, and 13055 Murphy Avenue, San Martin. The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators ( CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on -site collection, transportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating businesses. The fees collected by the COUNTY are established in Attachment D, Santa Clara County CESQG Drop -off Price List. The COUNTY retains the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 169 discretion to change the Santa Clara County CESQG Drop -off Price List at any time to reflect increases or decreases in CoHHW Program costs. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for conditionally exempt small quantity generators (CESQGs). 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization as established in Public Resources Code Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 15. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218.1(e), as amended from time to time, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e -waste and other common hazardous consumer products. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 170 16. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 of this Agreement shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), door -to- door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $ to the Countywide HHW Program during Fiscal Year 2012 for the purpose of increased resident participation above the 4% service level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated at the Variable Cost Per Car rate which is estimated at $67.00 per car. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY'S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refiurd that amount to CITY within 30 days following delivery of the annual cost statement. 18. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately when indicated resident participation approaches the 4% base level of service. itgw* - Iet of1►I M 1—#M-1Nwwo W43 0 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 171 COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the COHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2012 of Temporary Events and collections at COHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 20. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 21. ELECTRONIC WASTE COLLECTION The COI-II-1W Program will accept electronic waste (e- waste) from residents and businesses throughout the county. A contractor has been selected to perform services and shall reimburse the County Pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill 50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the COUNTY. Any and all revenues generated by this service will be applied to lowering the Variable Cost Per Car for all cities and COUNTY. 22. REGIONAL GRANT PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and grant administrator. The COHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 23. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment E sets out CITY and COUNTY responsibilities for the collection of AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 172 household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY's written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment E, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice. 24. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 28 of this Agreement. Summary information concerning these corporate sponsored events will be included in the COHHW Program's annual report to the participating jurisdictions. 25. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment F, Exhibit B -2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. 26. WASTE TRACKING AND REPORTING COUNTY will provide a mid -year report to CITY regarding participation rates from each participating jurisdiction by March 15, 2012. Mid -year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY's fiscal year. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 173 It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi- annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. COUNTY will make every effort to keep the Variable Cost Per Car at approximately $67. 27. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the COHHW Program. 28. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10 174 treatment or disposal of household hazardous waste at corporate sponsored events where non - county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the COHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 29. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 30. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2011 to June 30, 2012, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 31. EXTENSION OF TERM This Agreement may be extended for succeeding one -year term if COUNTY and participating jurisdictions so agree in writing. 32. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 33. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11 175 34. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 36. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of Santa Clara County Director Department of Agriculture and Environmental Management 1553 Berger Drive San Jose, CA 95112 Attachments: A Projected FY 2012 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for FY 2012 C HHW Schedule of Collection Events for FY 2012 D Santa Clara County CESQG Drop -off Price List E Household Hazardous Waste Emergency Collection Plan F Exhibit B -2D (revised) Insurance Requirements for Environmental Services Contracts AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12 City Representative Representative's Title City Address 176 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" Signature: Kevin O'Day Director of the Department of Agriculture and Environmental Management Date: "CITY" CITY OF A municipal corporation By: _ Title: Date: APPROVED AS TO FORM AND LEGALITY: APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE Mark Bernal Deputy County Counsel Date: AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Sylvia Gallegos Deputy County Executive Date: 13 177 Attachment A: Projected FY 2012 AB 939 HHW Fee Funding Allocation by Jurisdiction Fiscal Years 2012 at 4% of Households Jurisdiction Number of Households 61112010 4% of HHs Total Tons of Waste for AB939 Fee Share Annual Revenue $2.60 Fixed Cost $1.851HH Est Variable Cost at $671car City Discretionary Fund Campbell 16,989 680 27,643.8 $71,874 $31,430 $45,531 $5,086 Cupertino 20,3021 812 30,643.47 $79,673 $37,559 $54,409 $12,295 Gilroy 14,891 596 34,692.78 $90,201 $27,548 $39,908 $22,745 Los Altos 10,887 435 18,636.07 $48,454 $20,141 $29,177 $864 Los Altos Hills 3,151 126 2,029.80 $5,277 $5,829 $8,445 ($8,997) Los Gatos 12,989 520 18,181.90 $47,273 $24,030 $34,811 ($11,567) Milpitas 19,4121 776 50,393.21 $131,022 $35,912 $52,024 $43,086 Monte Sereno 1,267 51 841.25 $2,187 $2,344 $3,396 $3,552 Morgan Hill 12,977 519 26,628.54 $69,234 $24,007 $34,778 $10,448 Mountain View 33,840 1,354 54,737.97 $142,319 $62,604 $90,691 $10,976 Palo Alto 28,445 1,138 54,483.74 $141,658 $76,233 $65,425 San Jose 314,309 12,572 566,186.94 $1,472,086 $581,472 $842,348 $48,266 Santa Clara 44,944 1,798 112,522.99 $292,560 $83,146 $120,450 $88,963 Saratoga 11,105 444 14,020.75 $36,454 $20,544 $29,761 $13,852 Sunnyvale 55,782 2,231 88,768.14 $230,797 $103,197 $149,496 $21,895 Unincorporated 28,218 1,129 39,378.60 $102,384 $52,203 $75,624 $25,443 Countywide Totals 629,5081 25,180 1 1,139,7901 $2,963,454 1 $1,111,967 1 $1,687,081 $1!64,406 178 ATTACHMENT B Estimated HHW Proaram Fixed Costs For Fiscal Year 2012 FIXED COST FY 2012 Salary And Benefits Admin Overhead Counsel and Communications ities Lease Costs ehicle Lease Costs re License Supplies and postage itaff Training ,STIMATED ANNUAL TOTAL HMPM,Sr. HMS, .5 AMA, 3 HMT,Acct, Sr MA 20% of Salary above Sunnyvale $846,225 $169,245 $10,000 $10,000 $30,000 $28,000 $5,000 $6,000 $5,000 $2,500 $1,111,970' 15 179 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012 2011 /Month Day Date Location Type of Event County Holidays/ Notes July Saturday 2 No Event No Event FOURTH OF JULY Friday 8 San Martin Permanent Saturday 9 San Martin Permanent Saturday 16 Sunnyvale Permanent Saturday 23 San Jose Temporary Saturday 30 Santa Clara Temporary August Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Saturday 13 San Jose Temporary Saturday 20 Sunnyvale Permanent Friday 26 San Martin Permanent Saturday 27 San Martin Permanent September Saturday 3 No Event No Event SEPT 51LABOR DAY Saturday 10 San Jose Temporary Saturday 17 Sunnyvale Permanent Saturday 24 Santa Clara Temporary October Friday 30 San Martin Permanent Saturday 1 San Martin Permanent Saturday'' 8 No Event No Event OCT !101COLUMBUS'DAY Saturday 15 Sunnyvale Permanent Saturday 22 San Jose Temporary Saturday 29 Cupertino Temporary November Friday 4 San Martin Permanent Saturday 5 San Martin Permanent Saturday 12 San Jose Temporary Saturday 19 Sunnyvale Permanent Saturday 26 No Event No Event THANKSGIVING' December Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Friday 9 San Martin Permanent Saturday 10 San Martin Permanent Saturday 17 San Jose Temporary Saturday 24 No Event No Event CHRISTMAS 2012/Jan Saturday 31 No Event No Event NEW YEARS Friday 6 San Martin Permanent Saturday 7 San Martin Permanent Saturday 14 San Jose Temporary Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary 16 180 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012 - continued 20121Month Day Date Location Type of Event County Holidays/ Notes February Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Friday 10 San Martin Permanent Saturday 11 San Martin Permanent Saturday 18 1 Sunnyvale Permanent Saturday 25 San Jose Temporary March Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Friday 9 San Martin Permanent Saturday 10 San Martin Permanent Saturday 17 Sunnyvale Permanent Saturday 24 San Jose Temporary Saturday 31 No Event No Event CESAR CHAVEZ DAY April Friday 6 San Martin Permanent Saturday 7 San Martin Permanent Saturday 14 Los Altos Temporary Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary May Friday 4 San Martin Permanent Saturday 5 San Martin Permanent Saturday 12 San Jose Temporary Saturday 19 Sunnyvale Permanent Saturday 26 No Event No Event MAY 281MEMORIAL DAY June Friday 1 San Martin Permanent Saturday 2 San Martin Permanent Friday 8 San Martin Permanent Saturday 9 San Martin Permanent Saturday 16 Sunnyvale Permanent Saturday 23 San Jose Temporary Saturday 30 Milpitas Temporary *SUBJECT TO CHANGE 111312010 181 17 Attachment D: SAN IA GLAKA GUUN I Y GMU UKUF-UFF PKIGt LIS I HAZARD GATEGORY DESGRIPTION OF WASTES ESTIMATE GUST MOTOR OIL FREE ANTIFREEZE, TRANSMISSION FLUID, HYDRAULIC FLUID $3.00 /GAL RECYCLE CAR BATTERIES $5.00 EACH PCB BALLASTS (MOST TODAY ARE NON- PCB- - >GOES TO E -WASTE RECYCLER) $2.00 /LB MIXED BATTERIES (Li -Ion batteries must be taped) $2 /LB AEROSOL AEROSOL CANS $1,25 EACH FLAMABLE LIQUID POURABLE LIQUIDS: ALCOHOLS, SOLVENTS, GASOLINE, ACETONE, MEK, $7.00 /GAL W/O SOLIDS KEROSENE, DIESEL, CLEAN PAINT THINNER (SLUDGE FREE) LATEX PAINT LATEX /WATER- CHARGED BY LIQUID AMOUNT (BULKED) $8.00 /GAL BASED CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT $2 /QUART CONTAINER POURABLE LIQUIDS WITH SOLIDS: INK (LIQUID), FLUX, OIL & WATER, $10 /GAL DIRTY PAINTTHINNER (W /SLUDGE), MACHINE OIL, COMPRESSOR OIL CHARGED BY LIQUID AMOUNT $10.00 /GAL FLAMABLE LIQUIDS W/ SOLIDS OIL BASE PAINT CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT $2 /QUART CONTAINER DHESIVES, ROOFING TAR, SLUDGES /SOLIDS, GREASE, EPDXY PART (RESIN), $2 /QUART CONTAINER INK(POWDERED), EPDXY, RESINS $10/1 GAL CONTAINER CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL $50/5 GAL CONTAINER LAB CHEMICALS, POISONS, BASES, ACIDS, NON- CORROSIVE AQUEOUS SOLUTIONS, $20/1 GAL CONTAINER, GLUTARALDEHYDE, PHOTOCHEMICALS, NEUTRAL CLEANERS, $100/5 GAL CONTAINER, COMPATIBLE MIXTURES, AMMONIA, ACIDS, BASES, METALS (LIQUID OR SOLID), OIL (LIQUID) OR LAB PACK FILTERS, ABSORBENT, CONTAMINATED SOIL, CHLORINATED LIQUIDS, REFRIG, OIL, $2 /LB (SOLID) FREON, COLD STERILE, VAPO STERILE, CONTAMINATED OIL, DEGREASER, EPDXY PART B (HARDENER), MERCURY WASTE, ASBESTOS, ETC CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL LAB PACK PRM PAINT RELATED MATERIALS (OILY RAGS, FLAM LIQUIDS SMALLER THAN 1 GALLON,ETC) $10 /GAL CONTAINER PROPANE TANKS 16.4 OZ /$5 OR 5 GAL /$10 EA TREATED WOOD REFERTO LANDFILLS PAINT CHIPS $11,55/GAL FLUORESCENT TUBES + MUST BE BOXED AND LABELED $0.15/FT OTHER SODIUM & HID BULBS + MUST BE BOXED AND LABELED $2 EA COMPACT FLUORESCENT BULBS (U, Circ, CFL) + MUST BE BOXED AND LABELED $1,50 EA FIRE EXTINGUISHERS $10 SMALL & $20 LARGE FIXER & DEVELOPER + DO NOT MIX $15 /GAL CONTAINER MINIMUM CHARGE FOR ANY DROP -OFF regardless of type or quantity of waste $40.00 HOURLY OFFICE /SITE FEE (PER HOUR WHEN APPLICABLE) $40.00 /HR. PRICES AS OF 311312009. PRICES SUBJECT TO CHANGE FOR QUESTIONS PLEASE CALL (408) 299 -7300. 18 Attachment E HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1: PURPOSE The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (H1-1W) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster - related H1 as soon as possible to avoid illegal disposal or harm to people and /or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the City H1-1W Coordinators is essential. 3. Public Information/Notification Cities should be prepared to provide the public with information related to the problems associated with H1 along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City's responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City's public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to -door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HIM Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for H1-1W collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM IN 183 5. Collection Events Temporary collection events can be set -up at various sites including parking lots, city maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the HHW Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. Neighborhood Drop -off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and /or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events. • CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale • San Martin, 13055 Murphy Ave, San Martin 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 20 ., Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on -site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris management, January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 21 185 Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental Health Household Hazardous Waste Program Rob D' Arcy Hazardous Materials Program Manager 408 - 918 -1967 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for H1-1W and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262 -1843 916/262 -1841 (voice /TDD) OES - Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286 -0895 510/286 -0877 (voice /TDD) CHEMTREC Emergency number (800) 424 -9300 Non - emergency (800) 262 -8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 22 186 Attachment F EXHIBIT B -2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County "), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and /or its agents, employees or sub - contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Tnenrnnre Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. Rev. 4/2002 1 23 187 EXHIBIT B -213 (revised) C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products /Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products /Completed C. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the Rev. 4/2002 2 24 IM EXHIBIT B -213 (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials /wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all - states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence /aggregate. b. If coverage contains a deductible or self - retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence /event. Rev. 4/2002 3 25 :• EXHIBIT B -213 (revised) C. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self - insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self - insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self - insurance programs or self - insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or Rev. 4/2002 4 26 190 EXHIBIT B -213 (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15 %) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. Rev. 4/2002 27 191 OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subs ect Consider renewing the voluntary cap of $28,000 for campaign expenditures in the 2011 City Council election. Recommended Action Adopt the attached resolution setting a voluntary expenditure cap of $28,000 for the election of 2011, or provide other direction to staff. Description Beginning in 1997, the City Council has set voluntary campaign expenditure limits for each election. There will be no expenditure limit, voluntary or otherwise, unless the Council takes action to set a limit for the 2011 election. T)i ern i eci nn If a limit is established for the 2011 election, it would be voluntary and would have no force of law. If candidates indicate in writing their intention to abide by the limitation, a black diamond will be printed by their names in the sample ballot. First -class postage costs have increased from $.41 to $.44 since May of 2007, and Cupertino's population increased by 593 from 2009 to 2010 to a total of 56,431. (The 2011 estimates are not yet available from the Department of Finance). ELECTION YEAR VOLUNTARY EXPENDITURE LIMIT NOTES 1997 $15,000 1999 $20,000 Rancho Rinconada Annexation 2001 $20,000 2003 $20,000 2005 $26,000 Postage increases Garden Gate and Morita Vista Annexations 2007 $26,500 Postage increases 2008 Special Election $26,500 2009 $28,000 Postage increases 192 Prepared by. Kimberly Smith, City Clerk Approved for Submission by David W. Knapp, City Manager Attachments: A. Draft Resolution 193 Attachment A RESOLUTION NO. 11 -070 A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING A VOLUNTARY EXPENDITURE LIMIT FOR THE NOVEMBER 8, 2011 ELECTION WHEREAS, the City Council adopted Resolution No. 09 -036 which established a voluntary expenditure limit of $28,000 for the November 2009 election. WHEREAS, on November 8, 2011, a General Municipal Election will be held to fill vacant seats, and the City Council also wishes to apply an expenditure limit of $28,000 to that election. NOW, THEREFORE, BE IT RESOLVED: 1) Candidates for City Council are requested to limit their campaign expenditures to $28,000 for the City Council election of 2011. 2) Any non - monetary contribution is deemed to be a campaign expenditure made by the receiving committee on the date of receipt, and it counts against the voluntary expenditure limits established by this resolution if an expenditure for equivalent goods or services would have been a campaign expenditure described in Attachment A. The amount of the expenditure shall be the fair market value of the contribution on the date of receipt. 3) The voluntary expenditure limit does not establish a recommended voluntary campaign expenditure ceiling within the meaning of Government Code section 85400 et seq. It is the intent of the City Council, in adopting this resolution, not to trigger the enhanced campaign contribution limits contained in Government Code section 85402(a) et seq. 4) In the event that any candidate wishes to abide by the campaign contribution limit requested by the City Council, he or she may file with the City Clerk a written notice of his or her intent to limit his or her campaign expenditures to $28,000 for the 2009 election, and such intent will be indicated in the official voter's pamphlet. 5. The cost of printing and translating Candidate Statements shall not be counted against the voluntary expenditure cap of $28,000. 6. The provisions of this resolution have no force of law. 194 Resolution No. 11- Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3 rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 195 Resolution No. 09 -036 Attachment A Page 3 1. Expenditures related to mailing or distribution of campaign literature, signs, buttons, bumper stickers and similar items, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditures were made, to the election held on that date. 2. Expenditures related to publications in broadcast, print or electronic media shall be allocated to the next election following the date(s) specified in the contract for broadcast, publication, or dissemination or, if the election is held on the date specified for publication, broadcast, or dissemination, to the election held on that date. 3. Expenditures related to telephone banks, including costs of design and operation, costs of installing or renting telephone lines and equipment, toll charges, personnel costs, rental of office space, and associated consultants' fees, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditures were made, to the election held on that date. 4. Expenditures on professional services, including fees and costs of campaign consultants and pollsters, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditure was made, to the election held on that date. In the event that a contract for professional services allocates specific fees and costs to particular elections, the terms of the contract will govern allocation of expenditures to each election. If a contract provides for a bonus payment should the candidate win a particular election, the bonus payment is an expense of the election whose result triggers the payment obligation. 5. Overhead expenditures, including expenditures related to the lease of office space, payments for utilities, rental or purchase of office equipment and furnishings, miscellaneous supplies, costs of internal copying and printing, monthly telephone charges, personnel costs, and candidate or staff travel expenses, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditures were made, to the election held on that date. 6. Expenditures related to campaign fundraising shall be allocated to the election for which the funds were raised. If fundraising expenditures cannot be assigned in this manner to a particular election, fundraising expenditures shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expense was incurred, to the election held on that date. 7. Unless there is a clear indication to the contrary, campaign expenditures not described in subdivisions (a)(1) through (a)(6) shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditure was made, to the election held on that date. Refunds of any expenditure on goods or services not provided to or used by the campaign shall be credited to the election for which the expenditure would otherwise have been allocated. 8. The candidate shall maintain records establishing that his or her allocation of campaign expenditures was consistent with this resolution. 196 COMMUNITY DEVELOPMENT DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subiect Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Recommended Action Conduct public hearing; and 1. Adopt Resolution No. 11- approving the allocations for the use of the 2011 -2012 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2011 -12 Annual Action Plan (Attachment C) as required by the federal Department of Housing and Urban Development (HUD). Description This is the second of two required public hearings regarding use of 2011 -12 CDBG funds, Human Service grants and FY 2011 Annual Action Plan Background The City of Cupertino is expecting to receive a CDBG entitlement of approximately $353,012 for fiscal year 2011 -12, plus a reallocation of $10,300 in projected program income from rehabilitation loan payoffs for a total of $363,312. The allocation represents an approximate decrease of 16% from last fiscal year's entitlement. On April 5, 2011, the City Council held the first public hearing for both the allocation of CDBG funds and the Annual Plan. The Annual Plan has been in distribution since March 11, 2011 and no comments have been received. It is therefore recommended that the City Council adopt both the Annual Plan and the allocations as recommended by the Housing Commission Below are summaries of the Housing Commission actions and basic information regarding the content and purpose of the Annual Actual Plan. Cupertino Housing Commission: On May 18, 2010, the City Council approved a revised Citizen Participation Plan as part of its 2010 -2015 Consolidated Plan. Prior to expending CDBG dollars, the City is required to have a Citizen Participation Plan, Consolidated Plan and an Annual Plan in place. As part of the revised Citizen Participation Plan, the City declared that the Cupertino Housing Commission would serve as the advisory body on CDBG matters. The Housing Commission's responsibility is to make recommendations on policy, evaluate proposals received and make funding recommendations to the City Council. 197 May 3, 2011 Page 2 of 2 Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On March 10, 2011, the Housing Commission met and conducted a public hearing on the FY 2011 -12 CDBG and Human Service funding allocations. The recommendations from the Housing Commission are shown in Attachment B, Summary of Funding Allocations. FY 2010 -11 Annual Action Plan: Federal regulations require that each entitlement jurisdiction prepare an Annual Action Plan and submit the plan no later than May 15 of each year. The Annual Action Plan is a one - year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2011 -2012) and their relationship to the priority housing, homeless and community development needs outlined in the approved Consolidated Plan. Furthermore, Federal regulations require the plan be made available for 30 days for public review and comment. The FY 2011 -2012 Annual Action Plan (Attachment C) was released for public review on March 11, 2011 for the 30 -day review period. A notice was placed in the local paper informing the public of its availability. The May 3, 2011 meeting is the final public hearing to approve the Annual Action Plan, with funding recommendations, for submittal to HUD. Fiscal Impact The City of Cupertino is expecting to receive $353,012 for fiscal year 2011 -12, plus a reallocation of $10,300 in projected program income from rehabilitation loan payoffs for a total of $363,312. Since HUD has not released the 2011 allocations yet, any decrease in the City's entitlement will be reflected in a proportional decrease to all public service agencies. Rebuilding Together Silicon Valley and Senior Housing Solutions will not be affected by a decrease since they qualify for Affordable Housing Funds which will be used to make up any decrease in CDBG funding. Prepared by: Vera Gil, Senior Planner Reviewed by: Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachments: Attachment A: Resolution No. 11- Attachment B: Summary of Funding Allocations Attachment C: Fiscal Year 2010 -11 Annual Action Plan UM DRAFT RESOLUTION NO. II- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE 2011 -12 ANNUAL ACTION PLAN AND THE USE OF NINTH PROGRAM YEAR (2011 -12) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND HUMAN SERVICE GRANTS WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant program and Human Services Grants; and WHEREAS, the City of Cupertino wishes to apply for funds as an Entitlement Jurisdiction under said Act; and WHEREAS, the City of Cupertino understands that it shall receive approximately $353,012 in CDBG funds, plus a reallocation of $10,300 in projected program income from for a total of $363,312; and WHEREAS, the City of Cupertino is required to submit an Annual Plan prior to being allowed to expend said funds; NOW, THEREFORE BE IT RESOLVED that the City of Cupertino hereby certifies that the projects being proposed for funding meet the certifications outlined in Section 570.303 of the Community Development Block Grant Administrative Regulations; and BE IT FURTHER RESOLVED that the City of Cupertino hereby approves the 2011 -12 Annual Plan and the use of ninth program year (2011 -12) Community Development Block Grant (CDBG) funds and Human Service Grants; and BE IT FURTHER RESOLVED that the public service grant and human service grant allocations will be decreased /increased based on final budget allocations. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit the project proposals and the 2010 -11 Annual Plan approved by the City Council to HUD; and BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute the agreements for allocation of ninth program year (2011 -12) Community Development Block Grant funds. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3 rd day of May, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk • = Mayor, City of Cupertino 199 Public Service Agencies Catholic Charities - Long Term Care Ombudsman $ 5,000.00 $ 3,187.00 $ 3,187.00 Community Technology Alliance $ 2,500.00 $ 2,000.00 $ 2,000.00 Live Oak Adult Day Services — Senior Adult Day Care $ 15,098.00 $ 14,379.00 $ 14,379.00 Maitri - Domestic Abuse Services $ 30,000.00 $ 3,430.00 $ 3,430.00 Outreach and Escort — Special Needs Transportation $ 7,115.00 $ 7,115.00 $ 7,115.00 Santa Clara Family Health Foundation - Healthy Kids Program $ 5,160.00 $ 3,987.00 $ 3,987.00 Senior Adults Legal Assistance — Legal Assistance $ 9,717.00 $ 8,240.00 $ 8,240.00 Support Network for Battered Women — Domestic Violence $ 5,000.00 $ 4,202.00 $ 4,202.00 United Way 2 -1 -1 Santa Clara Co. Information and Referral $ 4,000.00 $ 2,000.00 $ 2,000.00 WVCS — Comprehensive Assistance Program $ 38,695.00 $ 28,527.00 $ 28,527.00 WVCS- Affordable Placement Program $ 96,250.00 $ 75,000.00 $ 75,000.00 WVCS -Haven to Home Program $ 24,050.00 $ 17,730.00 $ 17,730.00 Subtotal S 242,585.00 S S 54,497.00 S 75,000.00 S 40,300.00 S 169,797.00 Construction/Acquisition/Rehab Senior Housing Solutions $ 196,195.00 $ 196,195.00 $ 196,195.00 Cleo Habitat for Humanity Reallocation 2 $ - $ ( 196,195.00) $ 196,195.00 $ - Rebuilding Together Silicon Valley -Home repairs & Mod. $ 60,000.00 $ 20,043.00 $ 39,957.00 $ 60,000.00 Subtotal S 256,195.00 S 20,043.00 S 236,152.00 S S S 256,195.00 Program Administration Administration $ 77,985.00 $ 65,507.00 $ 65,507.00 Eden Council for Hope and Opportunity $ 9,850.00 $ 7,156.00 $ 7,156.00 Subtotal S 87,835.00 S S 72,663.00 S $ S 72,663.00 Estimated 2011112 Grantfunding S 353,012.00 S 75,000.00 S 40,300.00 S 468,312.00 Estimated 2011112 Program Income S 10,300.00 S - S - S 10,300.00 Total Estimated Program Funds S 363,312.00 S 75,000.00 S 40,300.00 S 478,612.00 Total Allocation S 363,312.00 S 75,000.00 S 40,300.00 S 478,612.00 Balance S - S - S - S Notes: Staff wants to ensure Senior Housing Solution can begin Phase 11 of its project in May. So that funs are available in May 2011, funds have been reallocated from Habitat for Humanity to Senior Housing Solutions. Habitat for Humanity will then receive funding from the 2011 -12 CDBG entitelment which becomes available for use in July 2011. 'Reallocation from 2010 -11 CDBG 2 Reallocation from 2011 -12, project originally funded in 2007 200 Summary of Funding Allocations Attachment B ATTACHMENT C CITY OF CUPERTINO Fiscal Year 2011 Annual Action Plan Prepared by the Department of Community Development 10300 Torre Avenue Cupertino, CA 95014 Aarti Shrivastava, Director Approved by City Council May _3 , 2011 Resolution 11- For information regarding this document, please contact: Vera Gil, Senior Planner Phone: (408) 777 -3251 E -mail: verag@cupertino.org 201 EXECUTIVE SUMMARY The Action Plan is an annual plan, which the City of Cupertino, as lead agency, oversees pursuant to the goals outlined in the Consolidated Plan. The Action Plan details the activities Cupertino will undertake to address the housing and community development needs and local objectives using funds received during that program year from the Community Development Block Grant (CDBG) plus anticipated Program Income. The Action Plan consists of HUD - developed forms plus a supplemental narrative. The largest portion of the CDBG resources continues to be used for housing and homeless programs available on a citywide basis. Fair housing activities and administrative costs will not exceed 20% of the annual allocation. Evaluation of Past Performance Over the course of fiscal year 2010/2011 the City of Cupertino anticipates providing financial assistance to 4 affordable housing units through the use of CDBG funds. The funds will be used to assist in the construction of four units by Habitat for Humanity of local CHDO. The portion of CDBG funds that will be allocated to public service subrecipients will be used to provide approximately 800 persons with food, clothing and housing counseling, 90 days of shelter to 80 homeless and adult day care to 11 households. Cupertino was successful in addressing a majority of the goals and objectives cited in the fiscal year 2010/11 Annual Action Plan. Most of the CDBG funds were used to carry out activities that benefit low and moderate - income persons. Only CDBG administration funds and a portion of ECHO'S fair housing funds did not directly serve low and moderate - income persons. Some of the funded activities include fair housing, senior services, food and clothing and emergency housing. These activities continue to make a positive impact on identified needs and are providing services that might have gone unmet. As can be expected, community needs continue to exceed the available resources. INTRODUCTION The Annual Action Plan is a one -year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2010 -2011) and their relationship to the priority housing, homeless and community development needs outlined in the Consolidated Plan. FEDERAL RESOURCES The City of Cupertino's Annual Action Plan for the 2011 -12 Program Year is a comprehensive approach to addressing the immediate community needs of people who are very low and low income. The Action Plan is based on a Community Development Block Grant (CDBG) entitlement of $353,012 that the City anticipates will be received from the federal Department of Housing and Urban Development (HUD) and $10,300 in program income. Exhibit A describes the agencies proposed to receive funding in the 2011 -12 fiscal year. Also detailed in the exhibit are the goals and proposed funding amount for each of the agencies. 202 Anticipated CDBG program income during the 2011 -12 Program Year is estimated to total $10,300 derived from outstanding rehabilitation program loans. A portion of that program income will be allocated to support Public Service activities and administration. The city of Cupertino will allocate $64,950 to public service activities. Consistent with CDBG regulations, this amount represents no more than 15% of the combined total of the City's projected 2011 -12 Program Year income and the 2011 -12 entitlement. In 1999 HUD informed the Santa Clara County that the San Jose Metropolitan Statistical Area is one of the high- income areas where the income limits were increased to the actual 80% of median income, adjusted for household size. The City of Cupertino will continue to use the actual 80% of median income limits for all of its CDBG programs in the 2010 Program Year. Individual activities may use a lower income eligibility criterion. OTHER RESOURCES Housing Mitigation Program The Office and Industrial Mitigation Program acknowledges housing needs created by the development of office and industrial projects. A fee is applied to new square footage of office and industrial development in the City. The fees collected are deposited in the City's Affordable Housing Fund and are to be used for the provision of affordable housing. The City's Residential Mitigation Program applies to all new residential development of one unit or greater. Residential developers are required to designate at least 15% of the units in an ownership development as affordable and are required to pay a mitigation fee for rental developments. These designated units are identified as the "BMR" (Below Market Rate) units. For ownership developments of six or fewer units or in the case of all rental developments, the developer may pay a fee in -lieu of building the affordable units. All affordable units developed under the BMR program must remain affordable for 99 years from the date of first occupancy and, if for sale units are resold during that period, a new 99 year time period is established. The City administers the Affordable Housing Fund, which is currently supported with fees paid through the Housing Mitigation Program. Potential options for use of the housing funds include: a. Development of new affordable units. b. Conversion of existing market rate units to affordable units. C. Down payment assistance programs. d. Second mortgage programs. West Valley Community Services — West Valley Community Services (WVCS) is a non - profit organization that assists in administering housing programs on behalf of the City of Cupertino. WVCS administers the Rotating Shelter Program for homeless individuals and also manages a transitional housing facility. Further, WVCS acts as the administrative agent on behalf of the City in managing and monitoring the BMR program. Housing Trust of Santa Clara County ( HTSCC) — The HTSCC is a public /private venture, dedicated to increasing affordable housing in the Silicon Valley. The Trust makes available funds for developers to borrow for the construction of the affordable units. Cupertino originally contributed $250,000 to the fund and accessed the fund to assist in the development of Vista 203 Village, a 24 -unit affordable apartment complex constructed by BRIDGE Housing and Cupertino Community Services. Subsequently, the City contributed $25,000 in 2008 and 2009. "Move In For Less" Program - In cooperation with the Tri- County Apartment Association, this program recognizes the high cost of securing rental housing. The program is geared to classroom teachers in public or private schools who meet income criteria. Apartment owners /managers who agree to participate in the program require no more than 20% of the monthly rent as a security deposit from qualified teachers. This reduced security deposit hopefully makes it more financially feasible for a teacher to move into rental housing. Mortgage Credit Certificate (MCC) Program -The MCC program provides assistance to first - time homebuyers by allowing an eligible purchaser to take 20% of their annual mortgage interest payment as a tax credit against federal income taxes. Santa Clara County administers the MCC Program on behalf of the jurisdictions in the County, including Cupertino. The program does establish maximum sales price limits on units assisted in this program and, due to the high housing costs in Cupertino, there have been few households assisted in Cupertino in recent years. Second Unit Program -- The City's Second Unit Ordinance allows an additional unit to be built on any single - family residential parcel. The objective of this Ordinance is to encourage additional units on already developed parcels, such as parcels with single - family dwellings. Santa Clara County Affordable Housing Fund (AHF) In July 2002, the Santa Clara County Board of Supervisors created an Office of Affordable Housing and established a housing trust fund in the amount of $18.6 million to be used for affordable housing developments. The primary goal of the fund is to leverage funding with other sources and create affordable housing in Santa Clara County. Section 8 The Housing Authority of the County of Santa Clara (HACSC) provides rental subsidies and develops affordable housing for low- income families, seniors and persons with disabilities living in Santa Clara County, California, the heart of Silicon Valley. This past year, the Housing Authority provided voucher assistance to 74 Cupertino households. Density Bonus Ordinance -- The City's Density Bonus Ordinance allows a 25% increase in density for developments greater than 5 units that provide a proportion of units for very low or low- income households or housing for senior citizens. In addition to the density bonus, certain concessions can also be provided to the development, which can include: a. Reduction of Parking Requirements, b. Reduction of Open Space Requirements, C. Reduction of Setback Requirements, d. Approval of Mixed Use Zoning, e. Reduction of Park Dedication Fees, f Reduction of application or construction permit fees, or g. Provision of tax - exempt or other financial assistance. 204 CITIZEN PARTICIPATION The Housing Services Division of the Community Development Department is the lead agency for overseeing the development of the Consolidated Plan and Annual Action Plan. This Annual Action Plan development process began with an advertised public hearing, held by the Cupertino Housing Commission on March 10, 2011 to make funding recommendations to the City Council. In addition, to the public notice, written notification of the hearing was made to numerous non - profit service agencies and the city's CDBG Steering Committee for the purpose of gaining greater input for determining the best use of anticipated federal funds for addressing community needs. The City Council held two advertised public hearing on April 5, 2011 and May 5, 2011, to determine the allocation of CDBG funds for the 2011 Program Year. The Annual Plan 30 day public review period occurred March 11, 2011 through April 11, 2011. The City did not receive any public comments. CONSULTATION WITH OTHER JURISDICTIONS As standard practice, CDBG entitlement jurisdictions from throughout Santa Clara County meet at least quarterly to discuss issues of common interest. Meeting agendas cover such topics as projects receiving multi juri sdictional funding, performance levels and costs for contracted public services, proposed annual funding plans, HUD program administration requirements, and other topics of mutual concern. These quarterly meetings provided the opportunity for the City to consult with other jurisdictions on its proposed use of federal funds for the 2011 Program Year. CONSOLIDATED PLAN (CON PLAN) PRIORITIES The City of Cupertino adopted a new Consolidated Plan on May 18, 2010 with the priorities listed in Table 2A and 2B. These tables are attached and incorporated by reference as Exhibit B of this document. GEOGRAPHIC DISTRIBUTION A map outlining geographic areas considered to be of low and moderate - income concentration is included as part to this submittal. In the map, three Census tracts indicate a higher percentage of low /mod population than all other Cupertino Census tracts. It is from these three Census tracts that the City of Cupertino recruits three representatives of the CDBG Steering Committee. Funding support for the listed projects is based more on expressed need within the community rather than upon geographical priority. ANTI - POVERTY STRATEGY In a continuing effort to reduce poverty, the city of Cupertino will make it a priority to fund agencies that provide direct assistance to the homeless and those in danger of becoming homeless and make a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Depending on funding availability, Cupertino will continue to provide assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive 205 services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with abused children among others. Coordinate with public agencies providing job training, life skills training, lead poisoning prevention and remediation and other education programs that listed in the City's Consolidated Plan strategies. HOMELESS AND SPECIAL NEEDS In previous years, the City of Cupertino appropriated $20,000 in CDBG funds for the Sobrato Family Living Center Project and contributed to the Home Safe -Santa Clara providing transitional housing for survivors of domestic violence who are considered at -risk for homelessness. Most recently, in a 2008 mid -year reallocation, the City contributed $800,000 to Maitri, a non - profit agency providing transitional housing to victims of domestic violence, for the purchase of a four -plex in Cupertino. In addition to these capital project subsidies, the City will fund public service activities related to homelessness. During the 2011 program year, the city will provide $19,014 to the Haven to Home Program to provide support services to Cupertino. The City of Cupertino will also continue to coordinate services to the homeless through such inter - agency efforts as the Collaborative, Help House the Homeless, and the Community Technology Alliance and support the regional Continuum of Care. Cupertino also participated in the countywide homeless count that took place in early 2009 which reported 18 unsheltered homeless. This is an update of the surveys that took place in 2005, and 2007. In addressing senior services, the City will continue advocacy for the increased dissemination of accurate information and counseling for seniors and other persons regarding housing options available. This will be accomplished through a cooperative effort with the Cupertino Senior Center, Cupertino Community Services and the Cupertino Public Library. LEAD -BASED PAINT Lead -based paint awareness and abatement will be fully integrated by the City of Cupertino into its assisted housing programs. Each tenant, landlord and property owner will be informed of the dangers, symptoms, testing, treatment and prevention of lead -based paint poisoning. Lead -based paint hazard stabilization or abatement will be provided in each and every rehabilitation project. Furthermore, adherence to Federal guidelines for reduction activities with lead -based paint is provided for in every federally funded rehabilitation loan. PUBLIC HOUSING The City will continue to encourage the local Public Housing Authority to develop affordable units in the city of Cupertino. LEVERAGING OF FUNDS To the greatest extent possible, when feasible, the City of Cupertino will leverage public and private resources to achieve the goals of the Consolidated Plan. Cupertino will continue to 206 request that affordable housing developers to seek private financing and grants and to fully utilize other state and federal funding sources, such as the State of California Multifamily Housing and the Low Income Housing Tax Credit programs. FAIR HOUSING Cupertino continues to support both the purpose and goal of fair housing and works to achieve fair housing in administering federal, State and local programs. The City also supports the development of affordable housing stock that is an important part of a fair housing initiative, given the high cost of local housing. In conjunction with other jurisdictions in Santa Clara County, the City commissioned a comprehensive survey to identify unmet needs and unidentified barriers, to assess the delivery of fair housing services, and to recommend action steps to meet the County's fair housing needs. The study was completed in 2003 and the city will be working with the other Santa Clara County to review program changes as a result of the study. The City prepared an Analysis of Impediments to Fair Housing Choice (AI) in 2004. The proposed actions to be undertaken by the City in the 2010 Program Year consist of the following: • The City will continue to require developers to provide relocation assistance when residents will be displaced. • The City will continue to provide a housing program that allows for modification of existing housing facilitating the needs of persons with disabilities. • The City will continue to support non - profit organizations whose purpose is to aid in the furthering of fair housing in the community. Methods of support could include notification of fair housing rights and responsibilities distributed in brochures located in public buildings, public service announcements on the local access channel or similar methods. • The City will continue to allow for the construction of higher occupancy housing complexes on a case -by -case basis when possible, for all economic segments of the community. PROGRAM MONITORING Performance monitoring for compliance to federal program requirements is scheduled at least once annually for projects that are under service contract. Monitoring of federally funded activities is undertaken for projects that are either under an annual or longer -term performance period. In addition, the City undertakes an annual Single Audit according to the requirements of the federal Office of Management and Budget. As standard practice, notification is made to HUD on the availability of the City's annual audit. URGENT OR COMMUNITY NEED In the event of a local, state or federal disaster declaration for areas within the boundaries of the City of Cupertino, the City will reserve the right to use CDBG funds to abate immediate and necessary hazards. The funds may be used for staff efforts, grants or loans to affected parties, as approved by the City Council and allowed under the federal regulations. 207 AMENDMENTS TO PLAN Prior to the submission of any substantial amendment in the proposed use of funds, citizens will be provided reasonable notice of, and the opportunity to comment on, any proposed Action Plan amendments. RELATIONSHIP OF THE ANNUAL PLAN TO THE CONSOLIDATED PLAN GOAL 1 ASSIST IN THE CREATION AND PRESERVATION OF AFFORDABLE HOUSING FOR LOWER - INCOME AND SPECIAL NEEDS HOUSEHOLDS. Objective: Suitable Living Environment Outcome: Sustainability Outcome Statement: Provide opportunities for suitable living environments with improved/new sustainability Indicators: 1. New housing units available to various income groups 2. Overall increase in housing stock 3. Reduction in households paying too much for housing 4. Number of parcels with changed land use designations 5. Number of second units created Proposed 2011 Activity: Below Market Rate Program 2011 Goal: Create 15 Housing Units GOAL 2 SUPPORT ACTIVITIES TO END HOMELESSNESS. Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Provide a suitable living environment with improved/new availability Indicators: 1. Number of persons assisted with homeless services 2. Number of persons assisted with emergency rental assistance. Proposed 2011 Goals: Provide homeless prevention services through Haven to Home and emergency rental assistance through WVCS Comprehensive Assistance Indicators: Provide homeless prevention services to 100 individuals Provide emergency rental assistance to 100 eligible residents a year. GOAL 3 SUPPORT ACTIVITIES THAT PROVIDE BASIC SERVICES, ELIMINATE BLIGHT, AND /OR STRENGTHEN NEIGHBORHOODS. Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Provide funding to a variety of non - profits that assist low and very -low income residents. Indicators: 1. Support programs that provide transportation. 2. Provide funding for social service organizations that assist low and very -low income households and special needs population. Proposed 2011 Activity: Fund a variety of public service agencies that provide services to low and very -low income. 2011 Goal: Serve 1,000 low and very -low income households with support services. Provide 6,200 rider subsidies. 1: GOAL 4 PROMOTE FAIR HOUSING CHOICE. Objective: Suitable Living Environment Outcome: Availability /Accessibility Outcome Statement: Provide a suitable living environment with improved/new availability Indicators: 1. Number of outreach activities 2. Number of households with resolved fair housing disputes Proposed 2011 Goals Eden Council for Hope and Opportunity — Fair Housing Services Indicators: Distribute 1000 brochures. Resolve 10 Fair Housing cases. GOAL 5 EXPAND ECONOMIC OPPORTUNITIES FOR LOW - INCOME HOUSEHOLDS Objective: Outcome: Outcome Statement: Indicators: Proposed 2011Goals Indicators: Suitable Living Environment Availability /Accessibility 1. Support local employment development and workforce training programs 2. Support programs that facilitate small business development Serve 60 households through Nova program Provide employment counseling and job resources to 60 Cupertino residents. GOAL 6 PROMOTE ENVIRONMENTAL SUSTAINABILITY Objective: Suitable Living Environment Outcome: Availability /Accessibility Outcome Statement: Encourage and fund energy efficient improvements and modifications for existing rental units serving extremely low, very low income and low income households. Indicators: 1. Fund energy efficient improvements and modifications for existing rental units serving extremely low, very low income and low income households. Proposed 2011 Goals: Provide energy efficient improvements through Rebuilding Together Silicon Valley Indicators: Provide 5 -8 homes with energy improvements. 209 Exhibit B HUD Table 2A: Priority Housing Needs /Investment Plan RENTERS Small Related Large Related Elderly Unmet Unmet Unmet Priority Niaid Goal Priority Need (a) Goal Priority Need (a) Goal 0 -30 %AMI High 232 120 Medium 48 10 High 147 70 31 -50 %AMI High 220 110 Low 31 10 Medium 49 10 51 -80 %AMI Medium 308 90 Low 43 10 Low 38 10 OWNERS Small Related Large Related Elderly Unmet Unmet Unmet Priority N iai d Goal Priority Need (a) Goal Priority Need (a) Goal 0 -30 %AMI High 113 56 High 58 29 High 173 86 31 -50 %AMI Medium 76 23 Medium 38 11 Medium 141 42 51 -80 %AMI Low 184 28 Low 42 6 Low 41 6 Section 215 Goals 16 Notes: (a) Based on households with housing problem, as reported by CHAS Data, Census, 2000 Sources: SOCDS CHAS Data, 2009; City of Cupertino, 2010; BAE, 2010. 210 Exhibit B HUD Table 2A: Priority Housing Needs /Investment Plan (cont'd) CDBG Acquisition of existing rental units Production of new rental units Rehabilitation of existing rental units Rental assistance Acquisition of existing owner units Production of new owner units Rehabilitation of existing owner units Homeownership assistance 5 -Yr Year 1 Year 2 Year 3 Year 4 Year 5 Goal Goal Goal Goal Goal Goal Plan /Act. Plan /Act. Plan /Act. Plan /Act. Plan /Act. Plan /Act. 15 3 3 3 3 3 20 17 0 3 0 0 25 5 5 5 5 5 50 10 10 10 10 10 2 1 0 0 0 1 15 4 3 3 3 2 17 8 4 4 0 0 15 3 3 3 3 3 211 ATTACHMENT A SUMMARY OF CDBG AND AFFORDABLE HOUSING FUND APPLICATIONS PUBLIC SERVICE GRANTS: A. Catholic Charities of Santa Clara County Long Term Care Ombudsman Program 2011 -12 Request: $5,000 Annual Goal: Provide advocacy for 250 unduplicated Cupertino residents and investigate and resolve 20 complaints. Project Description: Provide advocacy for Cupertino residents in long term care facilities to ensure they have a voice in their own care and treatment. The program will receive, investigate and resolve any complaints associated with the care of the long term care facility residents. Recommendation: $3,187 from Human Service Grants program. The program meets a high priority according to Table 2B of the Cupertino Consolidated Plan. This program was previously funded at the same level through the Human Services Grants program of the Cupertino General Fund. B. Community Technology Alliance Homeless Management Information System Santa Clara County 2011 -12 Request: $2,500 Annual Goal: Provide assistance to 50 Cupertino residents. Services include client case management and data collection. Project Description: Create a web -based system collecting information on homeless services and collecting uniform data countywide on the homeless served by each service provider. Recommendation: $2,000 from Human Service Grants program. The program does not meet a high priority according to Table 2B of the Cupertino Consolidated Plan since it is indirectly serving the homeless population. However, the CDBG Steering Committee feels that this is a worthy cause. 212 ATTACHMENT A C. Live Oak Adult Day Services Adult Day Care for Seniors 2011 -12 Request: $15,098 Annual Goal: Provide "scholarships" to 11 Cupertino low- income seniors enabling them to receive adult day care at the facility. Project Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $14,379 from Human Service Grants Allocation As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living setting. D. Maitri Domestic Abuse Services 2011 -12 Request: $30,000 Annual Goal: Maitri will provide 400 Case Management Services to 14 Cupertino residents staying at Maitri s Cupertino Transitional Housing Project Project Description: Maitri s Transitional Housing provides transitional housing and related supportive services to low income victims of domestic violence who are at high risk of becoming homeless and /or suffering further abuse to themselves and their children. The main objectives of Maitri s Transitional Housing program are to foster self sufficiency; help residents obtain safe, permanent housing; and assist low income domestic violence victims live a healthy, productive life for themselves and their children by breaking the cycle of domestic violence abuse and learning critical life skills. Recommendation: $3,430 from Human Service Grants 213 ATTACHMENT A Domestic violence services represent a high need in the Cupertino Consolidated Plan. E. Outreach and Escort Special Needs Transportation 2011 -12 Request: $7,115 Annual Goal: Provide 6,215 discounted trips to 140 eligible Cupertino residents. Project Description: Provides frail seniors and disabled adults with door -to- door transportation to medical appointments, shopping, adult daycare, senior nutrition programs, etc. Requested funds will be used to subsidize $1.00 of the $3.50 rider's fare charged to Cupertino residents under the ADA /Paratransit Program. Recommendation: $7,115 from Human Service Grants program. This agency provides a valuable service to seniors and should be funded from the Human Service Grants at the same level as last year. F. Santa Clara Family Health Foundation Healthy Kids Program 2011 -12 Request: $5,160 Annual Goal: Provide health coverage to five Cupertino children per year. Project Description: Healthy Kids enables low- income children in Santa Clara County to receive health services they need for healthy development. Funded entirely through local public and private sources, the program provides comprehensive health coverage for a population generally underserved. Recommendation: $3,987 from Human Service Grants program. The program provides a valuable service to Cupertino low and very -low income children. 214 ATTACHMENT A G. Senior Adults Legal Assistance Legal Aide to Seniors 2011 -12 Request: $9,717 Annual Goal: Serve 40 Cupertino seniors. Project Description: Senior Adults Legal Assistance (SALA) provides free legal services to low and very low- income seniors at the Cupertino Senior Center. Legal services provided are in the area of consumer complaints, housing, elder abuse, and simple wills. Recommendation: $8,240 from CDBG Several years ago, the city council directed staff to work with SALA to increase their services and funding level. The Cupertino Senior Center has stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue funding the agency at the current funding level. H. The Support Network for Battered Women Domestic Violence Services for Cupertino Families 2011 -12 Request: $5,000 Annual Goal: Serve a total of 18 unduplicated Cupertino residents. Project Description: The Support Network operates Santa Clara County's only 24 -hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $4,202 from Human Service Grants The Support Network for Battered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city and is considered a high priority need in the Consolidated Plan. I. United Way Silicon Valley 2 -1 -1 Santa Clara County 2011 -12 Request: $4,000 Annual Goal: Provide all Cupertino residents with access to health and human service referrals at no charge. Project Description: 2 -1 -1 Santa Clara County is a 24/7 non - emergency, confidential, 3 digit phone number, authorized by the California Public Utilities Commission for use within the 215 ATTACHMENT A County of Santa Clara. The program provides streamlined access to health and human service information and referrals at no fee to the caller. Recommendation: $2,000 from Human Service Grant funds. This agency was funded last year from the Human Service Grant funds. J. West Valley Community Services Comprehensive Assistance Program 2011 -12 Request: $38,695 Annual Goal: Provide support services to 623 unduplicated Cupertino households. Project Description: West Valley Community Services has provided support services to the West Valley's low and very -low income households since 1973. Support services include a food pantry, clothing closet and rental assistance. Recommendation: $28,527 from the CDBG 2011 -12 Allocation. The agency provides necessary services to Cupertino residents. This activity is a medium priority need in the Cupertino Consolidated Plan. K. West Valley Community Services Home to Haven Program 2011 -12 Request: $24,050 Annual Goal: Provide homeless prevention services to 100 unduplicated clients. Project Description: Support services include access to voicemail, on -site medical services, monthly bus passes, weekly laundry, and employment search assistance. Each client will also receive a case manager to help each client develop self sufficiency goals. Financial asset building is also part of the homeless prevention program. Recommendation: $17,730 from CDBG 2011 -12 Allocation West Valley Community Services successfully ran the Rotating Shelter Program for 18 years. Due to decreased funding, the agency has had to eliminate the program, however, it would like to continue to offer homeless prevention services. It is proposing to provide support services to 100 unduplicated Cupertino residents. 216 ATTACHMENT A CONSTRUCTION/REHABILITATION: L. Habitat for Humanity Cleo Avenue 2011 -12 Allocation: $196,195 Annual Goal: Construct four new single family homes through sweat equity. Project Description: Construct four new single family homes through sweat equity. Recommendation: $196,195 from 2010 -11 CDBG will be reallocated to Senior Housing Solutions and $196,195 from 2011 -12 will be allocated to Habitat for Humanity. The agency is currently undergoing NEPA review and will not be able to begin construction until the new fiscal year. However, Senior Housing Solutions is ready to begin its second phase in May. To accommodate both agencies budgets without delays, $196,195 from Habitat for Humanity will to reallocated to Senior Housing Solutions and $196,195 from the 2011 -12 fiscal year will be allocated to Habitat for Humanity. M. Senior Housing Solutions Price Avenue Rehabilitation 2010 -11 Reallocation: $196,195 Annual Goal: Complete rehabilitation of Price Avenue senior home. House five seniors. Project Description: Complete second phase of single family home rehabilitation. The home will then serve as a congregate residence for five extremely low income seniors. The agency has completed the first phase of construction and now needs $196,195 to complete the second phase. N. Rebuilding Together Silicon Valley Rebuilding Housing Repair and Home Modifications 2011 -12 Request: $60,000 Annual Goal: Repair homes for five to eight Cupertino households. 217 ATTACHMENT A Project Description: Rebuilding Together Silicon Valley will repair and rehabilitate and improve the accessibility and mobility of homes for low and very -low income households. Recommendation: $39,957 from 2011 -12 CDBG Allocation and $20,043 from 2010 -11 CDBG. We are allocating additional funding to this agency to complete additional minor rehabilitation and energy efficiency upgrades to low and very -low income Cupertino homeowners. Energy efficiency has become a high HUD priority. ADMINISTRATION/FAIR HOUSING: O. Eden Council for Hope and Opportunity (ECHO) Fair Housing Services 2011 -12 Request: $9,850 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (10 cases a year). Project Description: Provide fair housing assistance to the city of Cupertino, including conducting presentations, counseling housing providers, and investigating allegations of discrimination. Recommendation: $8,619 from 2011 -12 CDBG Administration. The program will provide a valuable service to the City of Cupertino. ECHO has been providing Cupertino's fair housing services for many years. Staff likes the consistency of having ECHO continue the program. Staff would the agency be required to meet with local apartment managers annually to review fair housing law and provide informational meeting for tenants on fair housing. AFFORDABLE HOUSING FUND: P. West Valley Community Services, Cupertino Affordable Housing Placement Program 2011 -12 Request: $96,250 Annual Goal: Provide placement and necessary support services to 75 households (250 individuals). Continue current services. Project Description: West Valley Community Services has been responsible for the monitoring, screening and placement services for 218 ATTACHMENT A ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for qualified applicants and provide services to those placed in the affordable units. Recommendation: $75,000 (Affordable Housing Fund) The agency has successfully performed the necessary task of screening and placement for the below market rate program. The agency also monitors the BMR program annually. An extra $10,000 has been allocated to offset the cost of ordering lot book reports for each ownership BMR unit. 219 COMMUNITY DEVELOPMENT DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subs ect Green Building Ordinance, MCA - 2010 -04, and amendment to the City's Fee schedule Recommended Action 1. Conduct first reading of Ordinance No. 11 -2076 amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code Adopted (Attachment A); and 2. Adopt draft Resolution 11- amending the City's adopted Fee Schedule to incorporate Green Building deposit fees (Attachment B). Description Application: MCA- 2010 -04 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendment to adopt an ordinance amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code Adopted (See Attachment A, Ordinance No. 11 -2076) and adopt related fees and deposits (See Attachment B, Draft Resolution). BACKGROUND On February 1, 2011, the City Council reviewed the draft Green Building Ordinance and directed staff to: 1. Revise the draft ordinance to be consistent with the Santa Clara County Cities Associations' Phase II Recommendations and the additional changes that Council discussed; and 2. Provide a cost analysis of representative projects, including a single - family, multi - family and office development, which provide estimates of the total cost of development, including the additional cost to comply with the proposed Green Building Ordinance requirements (Attachment D). Public comments received during and subsequent to the public hearing included: 220 • Clarify when and what part of a remodeling project is subject to the ordinance requirements; for renovations and additions, requirements should only apply to the scope of the work. • The draft ordinance exceeds the Cal Green building code standards and can make the cost of a development project infeasible. • Verification requirements could affect the tenancy of buildings if the requirement thresholds are so low that it will affect whether tenant improvements and upgrading can take place. • Certification costs add significantly to the development costs for commercial developments, including the additional administration, architectural design and time costs to construct a project. • Do not provide incentives that reduce parking requirements or increase floor area ratio allowances. • Ordinance should not exceed the Cal Green building code standards, and should not apply to tenant improvements. Since the February 1, 2011 Council meeting, the City has become aware that some local cities, including the Cities of Mountain View and Palo Alto, have recently merged their green building ordinances with their locally adopted 2010 California Green Building Standards Code (Cal Green). This was essentially done as a result of the new Cal Green building codes that took effect on January 1 of this year. Merging these two codes essentially allowed them to integrate all of the green building measures into one ordinance and prevents having to subsequently amend the green building ordinance requirements every time the Cal Green building codes are amended. Additionally, the change moves the green building measures into the local building codes. Merging of these two codes would basically entail amending Chapter 16.58 of the Cupertino Municipal Code, and making local amendments to the Cal Green building codes to reflect the Green Building Ordinance requirements. DISCUSSION The combined draft ordinance (See Attachment A, Ordinance No. 11 -2076) merges the Green Building Ordinance that the Council had reviewed at its February 1, 2011 meeting into Chapter 16.58 of the Cupertino Municipal Code. A copy of the current Chapter 16.58 is included (See Attachment C) with strikeouts showing the sections that have been deleted. However, the key components of the draft Green Building Ordinance, including all changes recommended by the Council, have been incorporated and are outlined below in this report. Section 16.58.220 Table 101.10 (Requirements) The following table illustrates the progression from and a comparison of the Phase 11 Recommendations, the Planning Commission recommended draft Green Building Ordinance requirements, and the Revised Draft Green Building requirements per the February 1, 2011 City Council meeting. The revised changes reflect Council's direction to be consistent with the Phase 11 Recommendations and to incorporate other items discussed by Council. 221 Type of Phase II Planning Commission Revised Draft Green Building Project Recommendations Recommended Draft Green Requirement per the 2/1/11 Building Ordinance City Council Discussion Residential — Single - Family (SFR) & All Single - Family and Multi- Single - Family & Multi - New Multi- Family (MFR) < Family: Family < 9 homes: Construction 9 homes: (Single Minimum: GPR min. 85 pts or Minimum: GPR min. 50 pts or Family & GPR Rated (50 pts min.) LEED Certified w /Formal LEED Certified w/Third Party Multi- or LEED Certified. Verification. Certification Family) Alternate Reference Standard: Third Party Certification SFR & MFR > 9 homes: SFR & MFR > 9 homes: GPR Rated (50 pts min.) Minimum: GPR min. 50 pts or or LEED Silver LEED Silver w/Third Party Certification (Option: GPR min. 75 pts which is equivalent to LEED Silver) Alternate Reference Standard: Third Party Certification Residential — SFR <$IOOK permit Single - Family > 50% total Single - Family (renovation): Renovation/ valuation; or <500 sq. ft. existing floor area: Addition addition; or FAR Exempt (Single- increase <50 %: Minimum: Cal Green Family & Mandatory (for new portions Multi- BIG Elements checklist only) w /Informal Verification. Family) or LEED checklist SF $100K -$200K permit valuation; or 500 -1,000 sq. ft. add'n: BIG Elements 25 -49 pts. or LEED Certified SFR $200K+ permit valuation; or 1,000 sq. ft. add'n; or FAR increase of 50 %: GPR Rated (min. 50 pts.) or LEED Certified 222 Type of Phase II Planning Commission Revised Draft Green Building Project Recommendations Recommended Draft Green Requirement per the 2/1/11 Building Ordinance City Council Discussion Small Multiple - Family Multiple - Family (minor Renovation (TBD): renovation): GPR checklist or Minimum: Cal Green applicable LEED Mandatory w /Informal checklist Verification. Multiple - Family (minor renovation): Exempt Large MFR (TBD): GPR 50 pts. or applicable LEED Certified Alternate Reference Standard: Third Party Certification Non - Residential — New Construction Small, <5,000 sq. ft.: Multi - Family (major renovation) — Renovations and /or additions that comprise at least 10,000 square feet, and replace or alter the 14VAC system and at least two of the following: building envelope, hot water system and lighting system. Minimum: GPR min. 75 pts or LEED Certified w /Informal Verification or LEED EBOM Certified w /Formal Verification. Small, < 10,000 sq. ft.: Multiple - Family (major renovation) — Renovations and /or additions with a Floor Area Ratio (FAR) increase >50% and at least 10,000 square feet, and replace or alter the 14VAC system and at least two of the following: building envelope, hot water system and lighting system: Minimum: GPR min. 50 pts or LEED Certified (applicable only to the area of renovation /addition) w /City Review or LEED EBOM w /Third Party Certification. Small, < 10,000 sq. ft.: LEED checklist Minimum: Cal Green Mandatory w /Informal Verification. Minimum: Cal Green Mandatory* w /City Review Alternate Reference Standard: Third Party Certification 223 Type of Project Phase II Recommendations Mid -size, 5,000 — 25,000 Mid -size, > 10,000 — 25,000 sq. Mid -size, 10,001 sq. ft. — sq. ft.: ft.: 50,000 sq. ft.: LEED Certified Minimum: LEED Certified Minimum: LEED Certified w /Informal Verification w /City Review Alternate Reference Standard: Third Party Certification Large, >25,000 sq. ft. Large, 25,001 or more sq. ft.: Large, 50,001 or more sq. ft.: LEED Silver Planning Commission Recommended Draft Green Building Ordinance Minimum: LEED Silver w/ Minimum: LEED Silver w/ Formal Verification. Third Party Certification Revised Draft Green Building Requirement per the 2/1/11 City Council Discussion Alternate Reference Standard: Third Party Certification Non - Residential - Renovations/ Additions Small projects LEED Checklist Minor Renovations /Additions: Minimum: Cal Green Mandatory w /Informal Verification. Minor Renovations /Additions: Alternate Reference Standard: Third Party Certification Large w/o HVAC: 2 of 4 systems are touched + > 10,000 sq. ft. + > permit valuation of $1 million permit valuation: LEED Certified w/o prerequisites Large w /HVAC: 2 of 4 systems are touched, one being HVAC + > 10,000 sq. ft. + > $1 million permit valuation: Major Renovation — Renovations and/or additions that comprise at least 10,000 square feet, and replace or alter the HVAC system and at least two of the following: building envelope, hot water system and lighting system. Minimum: 10,000 — 25,000 sq ft. -- LEED Certified w/ Informal Verification or LEED EBOM w /Formal Verification. Minimum: Cal Green Mandatory* w /City Review (applicable only to the scope of work of the renovation /addition). Major Renovation — Renovations and /or additions that comprise at least 10,000 square feet, and replace or alter the HVAC system and at least two of the following: building envelope, hot water system and lighting system. Minimum: 10,000 — 50,000 sq. ft. -- LEED Certified (applicable only to the area of the renovation /addition) with 224 Type of Project Phase II Recommendations Planning Commission Recommended Draft Green Building Ordinance Revised Draft Green Building Requirement per the 2/1/11 City Council Discussion City Review or LEED EBOM LEED Certified w /Third Party Certification Minimum: 25,001 sq. ft. or Minimum: 50,001 sq. ft. or more — LEED Certified more — LEED Certified w /Formal Verification or LEED (applicable only to the area of EBOM w /Formal Verification. the renovation /addition) w /Third Party Certification or LEED EBOM w /Third Parry Certification Alternate Reference Standard: Third Party Certification Mixed Use Not Addressed For projects with both residential For new and Projects and non - residential components, renovation /addition projects each use shall comply with the with residential and non - minimum requirements stated residential components, each above. use shall comply with the mandatory measures to this code by the City of Cupertino, and with the requirements applicable to each use, and with the requirements applicable to the use that comprises the majority of the project's p ermitted square footage. Note: * CalGreen Mandatory requirements shall only be applied to elements included in the scope of a project. Sections 16.58.130 and 16.58.140 Residential New Construction. Single - Familv and Multi- Family Residential • To be consistent with the Phase 11 Recommendation, threshold levels have been increased to differentiate between less than 9 homes (whether single- family or multi - family) and 9 homes or more. • To be consistent with the Phase 11 Recommendation, the Minimum Requirement has been lowered from 85 Green Point Rated (GPR) points to 50 GPR points. However, the LEED requirements remain the same as the Planning Commission recommended for the two threshold levels of development. Option to New Construction, Single- Family and Multi Family Residential • As proposed, the minimum Phase 11 LEED requirement for 9 homes or more is either 50 GPR points or LEED Silver. However, given that 50 GPR points fall short of the LEED Silver certification level (75 GPR points equivalent), the Council could consider an option to raise the minimum GPR points to 75 points to make the GPR and LEED points comparable. 225 Sections 16.58.160 through 16.58.180 Non - Residential New Construction • Modify the mid -size new construction threshold requirement from 10,001- 25,000 square feet to 10,001— 50,000 square feet, and the large -size new construction threshold to 50,001 or more square feet. Section 16.58.150 Residential, Renovation /Addition • Exempt all single - family and minor multiple - family renovations /additions from the ordinance requirements. • Modify the requirements defining major multiple - family renovations /additions as an increase to the floor area ratio (FAR) greater than or equal to 50 %, and at least 10,000 square feet, and replacement or alteration of the HVAC system and at least two of the following: building envelope, hot water system and lighting system. Section 16.58.190 through 16.58.200 Non - residential, Renovation /Addition • Modify the threshold level requirements from 10,001- 25,000 square feet to 10,001— 50,000 sq.ft.square feet requiring LEED Certified with City Review, and 50,001 or more square feet requiring LEED Certified with Third Party Certification. Section 16.58.210 Mixed -Use • The City's green building consultant, Global Green, recommends that we further clarify the requirements for mixed use projects by adding language that states the applicable requirement shall be the requirement for the use that comprises the majority of the project's square footage. This would eliminate the need for applicants and staff to track two separate checklists, one for residential requirements and another for non - residential requirements, which could become cumbersome to manage. The wording would be amended to add the italicized wording as follows: "For new and renovation /addition projects with residential and non - residential components, each use shall comply with the mandatory measures of the California Green Building Standards Code and any amendments to this code by the City of Cupertino, and with the requirements applicable to the use that comprises the majority of the project's permitted square footage. " Section 16.58.230 Alternate green building standards • Alternate green building standards section has been incorporated based upon the previous draft Green Building Ordinance. • Changes include moving the approval authority of alternate standards to the Building Official as other cities have done by moving these regulations to the building code; removing the reference of alternate standard examples since these may change over time and new standards may be developed; and removing the required finding that the "project will meet or exceed the applicable minimum and /or exemplary standards" since exemplary standards have been removed and it is difficult to equate one standard to another. Section 16.58.240 Verification • This section has been revised to replace references to "Formal Verification" with "Third Party Certification" and "Informal Verification" with "City Review. These references have 226 also been replaced throughout the ordinance in Table 101.10. This clarification has been made to more accurately identify the process and requirements that a project will either require review by the City or certification through a third party rating system to meet the verification requirement. Green Building Refundable Deposits/Fee Schedule In the resolution (See Attachment B, Resolution to amend the Fee Schedule) to amend the Fee Schedule, the Council recommended to: • Halve the Planning Commission recommended deposits for Third Party Certification and for Single- Family Residential City Review, resulting in: Green Building Deposit — Third Party Certification Project Type Planning Commission Revised Deposits per 2/1/11 Recommendation Council discussion Single-Family $2 /sq. ft., max. $2,000 $2 /sq. ft., max $ 1,000 Multi - Family $2 /sq. ft., min. $40,000/ $2 /sq. ft., min. $ 20,000/ Residential max. $75,000 max. $40,000 Non - Residential $2 /sq. ft., min. $70,000/ $2 /sq. ft., min. $35,000/ max. $150,000 max. $75,000 • For projects requiring City Review, the fee schedule will note that the cost of review will reflect consultant costs to review the project. For initial deposits, staff proposes $500 for Single- Family homes, $1500 for Multi- family Residential and $1500 for Non - residential proj ects. Option for Fee Schedule • The Council may consider the deposit amounts as recommended by the Planning Commission for City Review since these deposit amounts are closely reflective of the actual certification costs. Voluntary Requirements to Obtain Incentives • Section has been removed based on Council discussion to remove the proposed incentives in the draft ordinance. As a result, the "exemplary standards" in the table have been removed as well. Options for Incentives • One incentive that the Council recommended for further discussion and consideration is to allow increased floor area ratio (FAR) of up to 10% over that allowed in the Municipal Code. Should Council wish to incorporate this incentive, a section regarding incentives and exemplary standards can be added back into the draft ordinance. • Other incentives that the Council may consider include expedited building permit processing for projects that exceed Green Building Ordinance requirements and /or awarding a plaque /recognition to the applicant. Staff is reviewing an expedited fee for projects and 227 proposes to bring this back during the mid -year budget adjustment for FY2011 -2012. If the Council wishes to offer incentives for projects that exceed the Green Building Ordinance requirements, exemplary standards can be added back into the draft ordinance and projects that met the requirements could be offered the expedited process at no cost or a reduced cost at that time. The Council may also choose to create a program to recognize projects that exceed the Green Building standards by awarding a plaque or other recognition. Section 16.58.260 Exemptions • Staff has modified this section to allow for additional unforeseen exemptions, in addition to historical or atypical energy - related projects. Moving these requirements to the building code will allow exemptions to be granted by the Building Official. This is consistent with the codes for other cities such as Mountain View and Palo Alto. Cost Analysis of Reference Proiects In response to the Council's request, the City's Green Building consultant, Global Green, prepared an analysis (See Attachment D) of how the proposed Green Building Ordinance requirements would impact development costs of projects in the City. An analysis was conducted of three development projects approved by the City within the past five years representing a single - family development, multi - family development and commercial development, to generate a rough estimate of the additional costs that would be incurred as a result of meeting the proposed Green Building Ordinance requirements. The estimate is based upon additional modifications that would be required for these projects to achieve LEED Certification, which include minor design modifications and modifications to meet the energy performance and ventilation prerequisite requirements of LEED. More specifically, the analysis considered that these projects needed: • Upgraded mechanical system designs • Modified landscape plans to reduce water use • Environmentally preferable building materials, such as recycled- content, low- emission and locally manufactured materials • Stormwater management systems • Increased diversion requirements for construction and demolition waste from 50% to 75% • Additional construction verification measures A summary of these representative projects and the estimated costs to meet the Green Building Ordinance requirements are illustrated below. The analysis essentially determined that the percentage cost increase over meeting the Cal Green building standards was in the range of 1% - 2.2 %, which is in line with incremental cost studies that have determined the incremental cost of achieving LEED Certification ranges from 0% to 5% of total construction costs, with most projects experiencing 3% or less of an increase in costs. The reason these are estimates is that LEED and GPR are performance- based, which allows flexibility in the type of green measures that can be incorporated into a project, leading to different choices regarding credit selection and the costs associated with achieving those credits. 228 1. From USGBC web site 2. Assumes 25, 40 and 100 hours at an average cost of $100 /hr. 3. Based on Mountain View Energy Reach Code Cost - Effectiveness Study: $0.40 /sq. ft. average for residential and $1.50 /sq. ft. for non -res, 4. Assumes average incremental cost of $0.75 /sq.ft. 5. Based on typical costs for current Global Green projects 6. Davis Energy Group LEED for Homes fee schedule, GBCI fee schedule 7. Assumes $200 per square foot average cost of construction Based on results for similar project types in the Mountain View Energy Reach Code Cost - Effectiveness Study, the estimated annual energy savings is $115 /year for the single- family house, $1,600 /year for the multi - family, and $18,000 /year for the non - residential building. Additional savings would result from reduced water use and lower maintenance costs. The projects may also experience more rapid appreciation or higher assessed value at time of sale. Chamber of Commerce Legislative Action Committee On March 3, 2011, staff presented the comparison table of the Phase 11 Recommendations, Planning Commission recommended draft ordinance, and revised draft Green Building requirements per the February 1, 2011 Council meeting, to the Chamber of Commerce Legislative Action Committee. Staff presented the revised draft ordinance requirements as a result of Council's direction to conduct outreach to the community to gauge the community's feedback on the draft ordinance requirements. Staff received many constructive comments including: • Revised draft ordinance is more palatable to the community • LEED Silver is an industry standard for any commercial development over 25,000 sq. ft. 229 Single - Family Multi - Family Commercial Office Residential Residential Building Develop ment Development Registration $450 $900 $900 Design $2,500 $4,000 $10,000 Energy Systems $952 $12,880 $145,020 Materials $1,785 $24,000 $72,510 Construction $1,000 $10,000 $25,000 Verification (HERS) (HERS) (Commissioning, M &V) Documentation $2,500 $7,500 $25,000 Preparation Certification/Provider $1,500 $3,500 $2,250 Fee Total Incremental $10,687 $62,780 $280,680 Cost Cost /Sq.Ft. $4.49 $1.941 $2.90 Percent Cost Increase 2.2% 1.0% 1 1.5% 1. From USGBC web site 2. Assumes 25, 40 and 100 hours at an average cost of $100 /hr. 3. Based on Mountain View Energy Reach Code Cost - Effectiveness Study: $0.40 /sq. ft. average for residential and $1.50 /sq. ft. for non -res, 4. Assumes average incremental cost of $0.75 /sq.ft. 5. Based on typical costs for current Global Green projects 6. Davis Energy Group LEED for Homes fee schedule, GBCI fee schedule 7. Assumes $200 per square foot average cost of construction Based on results for similar project types in the Mountain View Energy Reach Code Cost - Effectiveness Study, the estimated annual energy savings is $115 /year for the single- family house, $1,600 /year for the multi - family, and $18,000 /year for the non - residential building. Additional savings would result from reduced water use and lower maintenance costs. The projects may also experience more rapid appreciation or higher assessed value at time of sale. Chamber of Commerce Legislative Action Committee On March 3, 2011, staff presented the comparison table of the Phase 11 Recommendations, Planning Commission recommended draft ordinance, and revised draft Green Building requirements per the February 1, 2011 Council meeting, to the Chamber of Commerce Legislative Action Committee. Staff presented the revised draft ordinance requirements as a result of Council's direction to conduct outreach to the community to gauge the community's feedback on the draft ordinance requirements. Staff received many constructive comments including: • Revised draft ordinance is more palatable to the community • LEED Silver is an industry standard for any commercial development over 25,000 sq. ft. 229 • Communication to the public about the policies, implementation and enforcement is important • Exemptions for economic hardship should be considered • Consider incentives for exemplary standards • Consider providing in -house certification, rather than a third -party certification. This saves time by providing more flexibility so applicant can work directly with staff to resolve issues rather than working with a third -party or outside consultants • Define "minor" versus "major" renovation • Explain the deposits /fees • Provide a final draft ordinance for the Chamber to review before adoption Building Standards Commission and Effective Date of Ordinance The combined Cal Green /Green Building Ordinance will require approval from the Building Standards Commission (BSC) prior to the date that the ordinance will take effect. The Building Standards Commission must approve the ordinance to allow for the local amendments to the California Green Building Standards Code (Cal Green), since the local amendments exceed the minimum Mandatory Requirement of the Cal Green. The City may tentatively approve of the combined ordinance during which time an application can be submitted to the Building Standards Commission. The Planning Commission suggested that a six month grace period be provided after adoption of the ordinance and before the ordinance takes effect to allow applicants adequate time to get information about the new regulations prior to preparation of project drawings and submitting building permits. Based on the City Attorney's recommendation to provide a date certain that would be easier to remember, staff suggests January 1, 2012 as the effective date. Staff believes this would allow for sufficient time to submit and receive approval from the Building Standards Commission before the ordinance would take effect. Filing to the Building Standards Commission will require that the City make findings to exceed the Mandatory Requirements of the Cal Green building codes. These findings are included as Exhibit B of Ordinance No. 11 -2076. Environmental Review The proposed ordinance is considered statutorily exempt from the California Environmental Quality Act (CEQA) guidelines pursuant to Section 15308 since this is an action by a regulatory agency for the protection of the environment and assures the maintenance, restoration, enhancements or protection of the environment where the regulatory process involves procedures for protection of the environment. Prepared by. Aki Honda Snelling, Senior Planner Reviewed by. Gary Chao, City Planner and Aarti Shrivastava, Community Development Director Approved for Submission by David W. Knapp, City Manager 230 Attachments: Attachment A: Ordinance No. 11 -2076 Attachment B: Draft Resolution to amend the Fee Schedule Attachment C: Chapter 16.58 of the Cupertino Municipal Code with strikeouts Attachment D: Global Green Cost Analysis of Reference Projects Attachment E: February 1, 2011 City Council Minutes Attachment F: February 1, 2011 City Council Report Attachment G: Planning Commission Resolution No. 6615 Attachment H: Email of February 18, 2011 from Myron Crawford Attachment I: Email of March 5, 2011 from Myron Crawford 231 Attachment A ORDINANCE NO. 11-2076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE TO AMEND THE GREEN BUILDING STANDARDS CODE TO INCLUDE LOCAL GREEN BUILDING REQUIREMENTS WHEREAS, the City Council authorized staff on January 19, 2010 to proceed with the development of a green building ordinance incorporating green building measures; and WHEREAS, green building is a "whole systems' approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures; and WHEREAS, the Environmental Resources and Sustainability Element of the City of Cupertino's General Plan 2000 -2020 recognizes that the community's environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City's viable ecological communities and environmental resources will result in the protection of both the human and natural environments; and WHEREAS, the City of Cupertino's General Plan 2000 -2020 sets forth policies recognizing that the essential components of green building design and planning include consideration of location, site planning, energy efficiency, material efficiency and water efficiency; and WHEREAS, the California Green Building Standards Code Section 101.7 provides that a local government may establish more stringent building standards if they are reasonably necessary due to local climactic, geologic, topographical or environmental conditions; and WHEREAS, the City of Cupertino has already adopted ordinances to further green building measures, including the California Green Building Standards Code, the Landscaping Ordinance to reduce water waste, Recycling and Diversion of Construction and Demolition Waste Ordinance, and Stormwater Pollution and Prevention and Watershed Protection; and WHEREAS, the City of Cupertino intends to adopt local amendments to the California Green Building Standards Code by establishing green building requirements exceeding the Mandatory Requirements of the 2010 California Green Building Standards Code; and 99582.2 232 WHEREAS, the Planning Commission adopted Resolution No. 6615 to recommend adoption of green building measures in a green building ordinance as a result of conducting public hearings on October 12, 2010 and October 26, 2010; and WHEREAS, the City Council has determined that amending Chapter 16.58, Green Building Standards Code, is necessary to incorporate local green building requirements; and WHEREAS, the City Council of the City of Cupertino conducted properly noticed public hearings on February 1, 2011 and May 3, 2011; and WHEREAS, adoption of the ordinance will improve the environment and is in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: Section 1. Title 16 of the Cupertino Municipal Code is hereby amended by the adoption of amendments to Chapter 16.58 as set forth in Exhibit A. Section 2. The City Council adopts the findings for local amendments to the California Green Building Standards Code, 2010 Edition, attached hereto as Exhibit B and incorporated herein by reference. Section 3. Because this project will assure the maintenance, restoration, enhancement, or protection of the environment and does not relax the regulation of construction activities or standards allowing environmental degradation, this project is exempt from CEQA pursuant to CEQA Guidelines section 15308. Section 4. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 5. This Ordinance shall take effect and be in force on and after January 1, 2012 as provided by Government Code Section 36937. Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. 99582.2 233 INTRODUCED at a regular meeting of the Cupertino City Council the day of 2011 and ENACTED at a regular meeting of the Cupertino City Council on this of AYES: NOES: ABSENT: ABSTAIN: ATTEST: 2011 by the following vote: Kimberly Smith City Clerk, City of Cupertino 99582.2 APPROVED: Gilbert Wong Mayor, City of Cupertino 234 Exhibit A City of Cupertino CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED 16.58.010 Code Adoption. The provisions of the 2010 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(d)(1) and is made available for public inspection. 16.58.015 Adoption of Appendix Chapters No Appendix Chapters from the 2010 California Green Building Standards Code have been adopted. 16.58.040 Local Amendments The following provisions of this Chapter shall constitute local amendments to the cross - referenced provisions of the California Green Building Standards Code, 2010 Edition, and shall be deemed to amend the cross - referenced sections of said Code with the respective provisions set forth in this Chapter. 16.58.050 Section 101.1- Amended Amend Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the California Green Building Standards Code as amended by the City of Cupertino and may be cited as such and will be referred to herein as "this code." The California Green Building Standards Code as amended by the City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. 16.58.070 Section 101.3 - Amended Amend Section 101.3 to read as follows: 101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless 99582.2 235 otherwise indicated in this code for the City of Cupertino. The California Green Building Standards Code also is hereby amended to apply to additions, renovations and tenant improvements of privately -owned buildings and structures in accordance with the provisions of this Chapter. It is not the intent that this code substitute or be identified as meeting the certification requirements of any private, third party green building program. 16.58.100 Section 101.10 -Amended. Amend Section 101.10 to read as follows: 101.10 Mandatory requirements. This code contains mandatory green building measures. In addition, this Chapter contains required minimum green building measures as amended by the City of Cupertino. All new buildings and structures, additions, renovations and tenant improvements subject to requirements in Table 101.10 shall comply with the mandatory measures of the 2010 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardless of height or number of stories, unless specifically exempted by this code. 16.58.110 Section 101.10.1- Added Add Section 101.10.1 to read as follows: 101.10.1 Project Types - as set forth in Table 101.10. 16.58.120 Section 101.10.1.1- Added. Add Section 101.10.1.1 to read as follows: 101.10.1.1 Residential projects - as set for in Table 101.10. 16.58.130 Section 101.10.1.1.1- Added Add Section 101.10.1.1.1 to read as follows: 101.10.1.1.1 Residential new construction - Less than nine (9) homes - as set forth in Table 101.10. 16.58.140 Section 101.10.1.1.2 -- Added: Add Section 101.10.1.1.2 to read as follows: 99582.2 236 101.10.1.1.2 Residential new construction - Nine (9) homes or more - as set forth in Table 101.10. 16.58.150 Section 101.10.1.1.3 -- Added Add Section 101.10.1.1.3 to read as follows: 101.10.1.1.3 Major multi - family residential renovations /additions - as set forth in Table 101.10. Requirements shall only apply to the area of renovation/ addition. 16.58.160 Section 101.10.1.1.4 - Added Add Section 101.10.1.1.4 to read as follows: 101.10.1.1.4 Non - residential new construction, small - as set forth in Table 101.10. 16.58.170 Section 101.10.1.1.5 - Added Add Section 101.10.1.1.5 to read as follows: 101.10.1.1.5 Non - residential new construction, medium -- as set forth in Table 101.10. 16.58.180 Section 101.10.1.1.6 - Added Add Section 101.10.1.1.6 to read as follows: 101.10.1.1.6 Non - residential new construction, large -- as set forth in Table 101.10. 16.58.190 Section 101.10.1.1.7 - Added Add Section 101.10.1.1.7 to read as follows: 101.10.1.1.7 Non - residential renovations /additions, minor -- as set forth in Table 101.10. Requirements shall only apply to the scope of work of renovation/ addition. 16.58.200 Section 101.10.1.1.8 - Added Add Section 101.10.1.1.8 to read as follows: 99582.2 237 101.10.1.1.8 Non - residential renovations /additions, major -- as set forth in Table 101.10. Requirements shall only apply to the area of renovation/ addition. 16.58.210 Section 101.10.1.1.9 -Added Add Section 101.10.1.1.9 to read as follows: 101.10.1.1.9 Mixed -Use -- as set forth in Table 101.10. 16.58.220 Table 101.10 - Added Add Table 101.10 to read as follows: Project Type Minimum Green Building Required Verification Requirement A. NEW C©NSTRUCTI ©N Residential Single Family and Multi- . GPR certified at Minimum: Third Party. Family homes < 9 homes: minimum 50 points or • LEED Certified or • Alternate Reference Standard per Section 101.10.2 Alternate Reference Standard: Third Party. Single Family and Multi- . GPR certified at Minimum: Third Party. Family homes >_ 9 homes: minimum 50 points or • LEED Silver Certified or • Alternate Reference Standard per Section Alternate Reference Standard: 101.10.2 Third Party. Non - Residential Small, <_ 10,000 SF: . CALGreen Mandatory* Minimum: City Review 99582.2 238 Project Type Minimum Green Building Required Verification Requirement Mid -size, 10,001- 50,000 SF: • Intent of LEED Minimum: City Review. Certified or • Alternate Reference Alternate Reference Standard: Standard per Section Third Party. 101.10.2 Large, 50,001 or more SF: • LEED Silver Minimum: Third Party. Certification or • Alternate Reference Alternate Reference Standard: Standard per Section Third Party. 101.10.2 a. Residential i. Single - family Exempt None ii. Multi- family (minor): I • Exempt I None iii. Multi- family (major): • Renovations and/or additions with a Floor Area Ratio (FAR) increast 50% and at least 10,000 square feet, and replace or alter the HVAC system and at least two of the following: building envelope, hot water system and lighting system: • Intent of GPR minimum 50 pts (applicable only to the area of renovation/ addition) or Intent of LEED Certified or LEED EBOM Certified or Alternate Reference Standard per Section 101.10.2 Minimum: City Review (except for LEED EBOM which shall require Third Party). Alternate Reference Standard: Third Party. b. Non - Residential i. Minor: Renovations and /or • CALGreen Mandatory* Minimum: City Review. additions that do not meet the (Applicable only to the scope higher thresholds for "major of work of the renovations and additions" in addition/ renovation) 99582.2 239 Project Type Minimum Green Building Required Verification Requirement the cell below. ii. Major. Renovations and/or additions that comprise at least 10,000 square feet, and replace or alter the HVAC system and two of the following: building envelope, hot water system, and lighting system. • 10,000 - 50,000 square feet Intent of LEED Minimum: 10,000 - 50,000 Certified (applicable square feet - City Review only to the area of (except for LEED EBOM renovation/ addition) option which requires current or LEED EBOM Third Party certification. Certified or • Alternate Reference Standard per Section 101.10.2 Alternate Reference Standard: Third Party. • 50,001 or greater square feet LEED Certified (applicable only to the area of renovation/ Minimum: 50,001 or greater addition) or LEED square feet - Third Party. EBOM Certified or Alternate Reference Standard: • Alternate Reference Third Party. Standard per Section 101.10.2 Mixed -Use For new and renovation/ addition projects with residential and non - residential components, each use shall comply with the mandatory measures of the California Green Building Standards Code and any amendments to this code by the City of Cupertino, and with the requirements applicable to each use, and with the requirements applicable to the use that comprises the 99582.2 240 Project Type Minimum Green Building Required Verification Requirement majority of the project's permitted square footage. Notes: "Major" renovations and /or additions" apply only to the area of the renovation /addition, unless the LEED EBOM Certified option is selected in which case the entire building must have a current certification. 'Cal Green Mandatory requirements shall only be applied to elements included in the scope of a project. 16.58.230 Section 101.10.2 - Added Add Section 101.10.2 to read as follows: 101.10.2 Alternate green building standards. The applicant may request to apply an alternate green building reference standard for a project in lieu of the minimum standards per Table 101.10. In making a determination in response to an application under this section, the Building Official may allow an alternate reference standard if he /she finds that the proposed alternative reference green building rating system complies with all of the following: A. Addresses a comprehensive scope of green building issues including energy efficiency, water efficiency, resource efficient materials, and healthy building practices; B. Applies standards that are, when taken as a whole, as stringent as the GPR and LEED standards; C. Includes a formalized certification process that incorporates third party verification; and D. The project will advance the purposes of this Chapter. 16.58.240 Section 102.3 - Amended Amend Section 102.3 to read as follows: 102.3 Verification. Documentation of conformance for applicable green building measures shall be provided to the City of Cupertino. Verification that the project meets the applicable environmental standards occurs through either the Third Party or City Review verification process per the requirements in Table 101.10. The following lists the verification requirements for Third Party and City Review verification, and alternative methods: A. Third Party Certification. A project will be required to meet the Third Party certification process if the City determines that the project meets or exceeds the applicable thresholds listed in Table 101.10. The applicant shall submit all of the following to the City, in addition to other application requirements, to assist the City in determination compliance with the green building requirements: a. Planning Application A green building checklist that includes cross - references to appropriate locations in the construction documents for all prerequisites and selected points or credits that demonstrates that the proposed project meets the applicable minimum requirements. 99582.2 241 b. Building Permit. i. Proof of project registration with administrating body of the applicable reference standard, and ii. A green building checklist that includes cross - references to appropriate locations in the construction documents for all prerequisites and selected points or credits; that demonstrate that the proposed project meets the applicable minimum requirements, and Green Building deposit in an amount that may be set from time to time by resolution of the City Council. The applicant may provide the deposit in the form of cash or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification document being provided per 102.3 (A)(c). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit, and shall use the deposit solely to advance the purposes of this Chapter. d. Within 18 months of Final Occupancy - Provide certification document for LEED, GPR or alternate rating standard in a form accepted by the City per Table 101.10. B. City Review A project will meet the City Review process if the City determines that the project meets or exceeds the applicable thresholds set forth in Table 101.10 and the applicant submits all of the following to the City in addition to other application requirements, to assist the City in making that determination: a. Planning Application. i. A green building checklist per Section 102.3(A)(a). b. Building Permit. i. A green building checklist per Section 102.3(A)(b)(ii), and ii. A refundable deposit to defray the City's costs of verifying that the building is designed to the applicable minimum requirements. 16.58.260 Section 102.3.1- Added Added Section 102.3.1 to read as follows: 102.3.1 Exemptions. The Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. Projects that are exempted from the requirements of the California Green Building Standards Code as amended by the City of Cupertino shall meet the requirement in section A and at least one of the requirements in sections B -D: A. Projects that demonstrate that it is not feasible for the project to fully meet the green building requirements and that the purposes of this chapter will have been achieved to the maximum extent possible shall be exempted only for the specific rating system prerequisite that has been determined to be infeasible. B. Projects that demonstrate compliance with this code but which will conflict with the Cupertino General Plan and /or Municipal Code Ordinance, such as those requiring historic preservation as determined by the Director of Community Development; or 99582.2 242 C. Projects that demonstrate compliance with this code but which will conflict with the California Building Standards Code; or D. Projects with atypical energy - related design requirements and /or patterns of use that make compliance with the thresholds of this code infeasible. 16.58.280 Section 202 - Amended Amend Section 202 to add or amend the following definitions: A. "Building Envelope" means the separation between the interior and the exterior environments of a building in order to provide structural integrity, moisture control, temperature control, and air pressure control. The principal physical components of the building envelope include the foundation, roof, walls, and windows. B. "Decision maker" means the person or entity with final approval authority over the underlying project. C. "Green Building Checklist" means a checklist, typically with prerequisites and credits and /or points that is developed by the administrators of green building certification systems and used to determine whether a development project can achieve certification. D. "Green Point Rated (GPR)" means a residential green building rating system developed by Build It Green. Projects can use any of the adopted GPR checklists that most appropriately apply to the project type proposed. E. "Leadership in Energy and Environmental Design (LEED)" means a green building rating system developed by the U.S. Green Building Council for residential and non - residential projects. Projects can use any of the adopted LEED checklists that most appropriately apply to the project type proposed. F. "Minimum Green Building Requirement" means the minimum green building requirement that applies to a particular project, as listed in column 2 of Table 101.10. G. "Required Verification" means the standards that correspond to the requirements of a particular green building rating system and project type, as listed in column 3 of Table 101.10, for which verification procedures are fully set forth in Section 102.3. H. "Feasible' means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 16.58.290 Section 303.1.1 -- Amended Amend Section 103.1.1 to read as follows: 303.1.1 Tenant improvements. The provisions of this code shall apply to the applicable tenant or occupant improvements to a project. 16.58.300 Section 4.304.1.1- Added Add Section 4.304.1.1 to read as follows: 4.304.1.1 Compliance with local water - efficient landscape ordinance. Residential 99582.2 243 projects must comply with the City of Cupertino's Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code. 16.58.310 Section 5.304.1.1- Added Add Section 5.304.1.1 to read as follows: 5.304.1.1 Compliance with local water - efficient landscape ordinance. Non - residential projects must comply with the City of Cupertino's Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code. 99582.2 244 Exhibit B Findings for Amendments to the California Green Building Standards Code In accordance with the Health and Safety Code Sections 17958, 17958.5, and 17958.7, the City Council must make findings for each proposed local change to the provisions of the California Building Standards Code, including green building standards, to support its determination that each such local amendment is reasonably necessary based on climatic, topographical or geological conditions. In adopting the amendments to Chapter 16.58 of the Cupertino Municipal Code pertaining to the California Green Building Standards Code, the City Council of the City of Cupertino finds as follows: A. General Findings Related to Green Building Requirements in Cupertino 1. Green building is a "whole systems' approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures. 2. The Environmental Resources and Sustainability Element of the City of Cupertino's General Plan 2000 -2010 recognizes that the community's environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City's viable ecological communities and environmental resources will result in the protection of both the human and natural environments. 3. City of Cupertino's General Plan 2000 -2010 sets forth policies recognizing that the essential components of green building design and planning include consideration of: a. Location b. Site planning c. Energy efficiency d. Material efficiency e. Water efficiency 99582.2 245 4. The City of Cupertino previously adopted ordinances to further green building measures, including the California Green Building Standards Code, the Landscaping Ordinance to reduce water waste, Recycling and Diversion of Construction and Demolition Waste Ordinance, and Stormwater Pollution and Prevention and Watershed Protection. B. Findings for Local Amendments to the 2010 California Green Building Standards Code (16.58 of the Cupertino Municipal Code) 1. The City Council authorized staff on January 19, 2010 to proceed with the development of a green building ordinance incorporating green building measures. 2. Green building is a "whole systems" approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures. 3. The Environmental Resources and Sustainability Element of the City of Cupertino's General Plan 2000 -2010 recognizes that the community's environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City's viable ecological communities and environmental resources will result in the protection of both the human and natural environments. 4. City of Cupertino's General Plan 2000 -2010 sets forth policies recognizing that the essential components of green building design and planning include consideration of: a. Location b. Site planning c. Energy efficiency d. Material efficiency e. Water efficiency 5. California Assembly Bill 32 (Global Warming Solutions Act of 2006, Health and Safety Code §38500 et seq.) requires actions on the part of the State and local governments to significantly reduce greenhouse gas (GHG) emissions such that statewide GHG emissions in 2020 are lowered to 1990 levels. 6. Green building regulations further the Sustainability Principles of the General Plan involving building and land development, disposal of construction and 99582.2 246 demolition debris, storm water quality and floor protection, tree protection, water conservation, landscaping and resource conservation. 7. Built It Green is acknowledged in promoting and defining residential green building by development of its Green Point Rated Rating System. 8. The Green Building Certification Institute (GBCI) administers the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) Rating System. 9. Green building techniques are widespread in residential and non - residential building construction, and such techniques can impact the City's environment, greenhouse gas emissions, resource usage, energy efficiency, water usage, waste management, and the health and productivity of residents, workers and visitors over the life of the building. 10. Requiring green building measures is necessary to achieve public health and welfare benefits to the community. 99582.2 247 CITY OF CUPERTINO Attachment B 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO: 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING USER FEES FOR THE GREEN BUILDING STANDARDS CODE ADOPTED (CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE). WHEREAS, the State of California requires fees charged for services rendered not to exceed the cost of delivering said services; and WHEREAS, a public hearing has been held to review user fees; and WHEREAS, the City Council of the City of Cupertino has established guidelines for setting user fees; and WHEREAS, the City of Cupertino has amended the Green Building Standards Code Adopted Ordinance (Chapter 16.58 of the Cupertino Municipal Code) for incorporation of green building requirements; and WHEREAS, user fees in the form of green building deposits are needed to be established to meet the requirements of the Green Building Standards Code Adopted Ordinance and shall be used solely to advance the purposes of green building. NOW, THEREFORE, BE IT RESOLVED that: 1. Green Building Standards Code Adopted Ordinance user fees are established per amendment in Exhibit A. 2. User fee is effective 2011. PASSED AND APPROVED at a regular meeting of the City Council of the City of Cupertino this day of 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSTAIN: ABSENT: am ATTEST: Kimberly Smith City Clerk, City of Cupertino APPROVED: Gilbert Wong Mayor, City of Cupertino 249 CITY OF CUPERTINO Exhibit A Resolution 10 -072 Fees Effective July 1, 2010 Schedule C -- Planning Fence Exception $634.00 Director - Variance $1,594.00 Director - Minor Modification $1,115.00 Tree Removal Permit First Tree $160 Each Additional Tree $81 Retroactive Tree Removal Permit $2,851 Tree Management Plan $1,115 Temporary Use Permit $1,274.00 Temporary Sign Permit $186.00 Sign Program $639.00 Appeals $162.00 Zoning, Planning, Municipal Code (Building Permit Fees) Commercial /Multi - Family $0.25/sq. ft. Residential Single Family $0.13 /sq. ft. Wireless Master Plan Fee: Equipment Mount on Existing Light Utility Pole $5.78 Wireless Master Plan Fee: Other Personal Wireless Facility $1,158.00 Housing Mitigation In -Lieu Fees Residential" $2.67/sq. ft. Office /Industrial/Hotel/Retail /R &D $5.08 /sq. ft. P(MP) $2.54/sq. ft. Zoning Verification Letter $168.00 Green Building Deposit Third Party', Certification' Process Single - Family' Residential $2 /sq. ft., max $1,000 Multi - Family Residential $2 /sq.',ft., min. $20,000 /max. $40,000 Non - Residential $2 /sq. ft., min. $35,000 /max. $75;000 Green Building Deposit', City', Review Process Single - Family' Residential Consultant cost, initial $500 deposit' Multi- Family Residential Consultant cost, initial' $1500' deposit Non - residential Consultant cost, initial' $1500', deposit "Recommended for review during FY 10 /11 by the Fiscal Strategic Plan Committee 250 Attachment C CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED Section 16.58.010 Code adoption. 16.58.015 Adoption of appendix chapters. u cQ non r;+— —r C' ,,__,-+;- -,, rroo,, u,,;t a;,,n nr,a;, - -- x v. ✓tir:_ rc v - xc y vx r u pcx cxxxrr - x �rx�cxx �xxxaxxxxrx uxxxuxxc c x ccxxx xxxcxxti. 9 16.58.010 Code Adoption. The provisions of the 2010 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection. (Ord. 2072, (part), 2010) 9 16.58.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2010 California Green Building Standards Code have been adopted. (Ord. 2072, (part), 2010) I K G4 MA l ;�,... —f „y..,.. +;y..�� 1 ...,.,y. R,,;lay..�....n..a;y..,y.x.., n + „n,,,.,,,�,,,,r . �.., �,:��,,�,�.,�,.......,�..�.,��, �. � .... ear..... �.... �.. �..+ c;�r�r�.....�wrr��e1e+urrrrrr�� 0. y. drurxxrrrvc+... .��+re�+urr�r� °��e�er��er��e�r 11T.n4aa .nk�.rnr�i.xa. x.k a.. .rnx.zi.ni.nxa �..n�.kk+x.n..r. ara. a...a a�ur..4.n.k a.ar_�!aa�kR�..- .a.4ar.. n�.- aa»!axki ..Vi=a aRxa 1 \VLVV 1L11ULW11lA111� L11V 1J1V V1U1 V11U Vl L111U VVIA V, 1V1 V1 LV L11V WlAV1J LVlA -" Y Vl --F V1VV11 0 "O L ;n""... >,uxxuxxxr� vxuxxxuxxv� xvr uuuxcxvxxux �uocuxxxz,�xxx�y x„�uxx„xxx„xx (Ord. 2072, (part), 2010) 251 Attachment D City of Cupertino Green Building Ordinance Cost Analysis Prepared by: Global Green USA March 21, 2011 252 Background At the request of the City of Cupertino Community Development Department, Global Green prepared the following analysis of how the proposed Green Building Ordinance requirements would impact development costs of projects in the City. The purpose of the green building ordinance is to reduce resource use, create healthier living and working environments, reduce greenhouse gas emissions, and foster a consistent regulatory approach between the City of Cupertino and other public agencies in Santa Clara County. The proposed ordinance augments existing City planning and building codes (including the State of California Cal Green code that went into effect on January 1, 2011) by requiring that new development projects, tenant improvements, and substantial additions comply with additional criteria in design and construction, up to and including formal certification per the LEED Rating system, or (for residential projects), the Green Point Rated program. Global Green conducted an analysis of three development projects, representative of the building type, size, design, and construction methods typical in the City of Cupertino, that were approved by the City within the past five years. The objective was to generate a rough estimate of the additional costs that would be incurred as a result of meeting the Green Building Ordinance standards, and to determine if any significant alterations to the design of the proposed projects would be required. These projects are as follows: 10750 Johnson Avenue — a new 2,380 sq.ft. two -story single - family dwelling 10845 North Stelling Road — 20 new two -story townhouses totaling 32,200 sq.ft. 10900 North Tantau Avenue — a new two -story 96,680 sq.ft. shell office building Methodology Global Green received the building plans for each project that were used for the planning approval. The plans provided basic project information regarding size, number of dwelling unity, height, location of parking, and general landscaping, but did not provide detailed information on specific building systems, construction materials, or plant selections. Therefore the analysis was conducted at a high level, with a focus on the prerequisites. The objective of the review was to: • Determine if any aspect of the current design created a significant barrier to achieving LEED certification. • Assess what, if any, modifications would be needed to earn LEED certification. • Develop a rough estimate of additional costs that would be incurred by the green building ordinance. The LEED rating system was the basis for the analysis, as it is the most stringent of the rating systems referenced in the proposed green building ordinance. The current versions of the LEED Rating Systems for Building Design and Construction (3.0) and Global Green USA — Green Building Ordinance Cost Analysis 253 Homes (2008) were used. To earn certification, a non - residential project must meet seven prerequisites and earn at least 40 points. Residential project must meetl9 prerequisites and earn at least 50 points The green building rating systems referenced in the Cupertino ordinance, US Green Building Council's Leadership in Energy and Environmental Design (LEED) or Build it Green's Green Point Rated (GPR), are performance based, which allows flexibility in the type of green building measures being proposed. This leads to different choices regarding credit selection and the costs associated with achieving those credits. Furthermore, some green building measures can lower costs, such as the reduction in the size of the heating and cooling system due to better insulation, building orientation, and passive cooling and heating improvements. Also taking into the consideration were the mandatory provisions of the California Building Code requirements that went into effect on January 1, 2011, most notably the Cal Green code, which has prescriptive requirements for water efficiency, building material emissions, and a number of construction practices. When these code - required items overlapped with LEED prerequisites or credits, no additional costs were assumed to be incurred as a result of the Green Building Ordinance. Findings Analvsis of Current Desian The current designs of the projects do not create any significant barriers to achieving LEED certification. The prerequisites that are not currently met in the areas of energy efficiency and ventilation can be addressed through upgrades to the existing building design, but would not require major modifications to the designs. As LEED is a performance -based system the design teams can select credits that appropriate to the design and budget of the projects. For example one project could decide to emphasize energy performance while another could choose water - related strategies and third could focus on credits related building materials. As there are many options it is not expected that any of the projects will have difficulty in identifying a sufficient number of credits to earn certification. Modifications Required to Earn LEED Certification The modifications that would be required can be achieved within the current designs. Most significant is the need to fulfill the requirements related to the energy performance and ventilation prerequisites. LEED projects are required to improve energy performance to 15% better than the 2008 California Title 24 (Part 6) code. Based on the energy code analyses submitted to the City, 10750 Johnson Avenue is currently exceeding Title 24 by 18.5, thus meeting the 15% improvement threshold prerequisite. 10845 North Stelling Road is currently exceeding Title 24 by approximately 8% and 10900 North Tantau Avenue is currently meeting the mandatory code minimum. These two projects would require the specification of a more energy efficient building envelope features and mechanical systems in order to comply with the LEED energy prerequisite. Global Green USA — Green Building Ordinance Cost Analysis 254 To achieve sufficient points to earn certification, all three projects would also need to incorporate the following: • Upgraded mechanical system design in order to verify that LEED Indoor Environmental Quality prerequisites are met and specifying mechanical equipment refrigerants that are free of HCFCs. • Modification of the landscape plans to further reduce water use. • Specification of environmentally preferable building products, including recycled - content, low- emissions, and locally manufactured materials. • Stormwater management systems to capture and /or treat stormwater before it leaves the site. • Increased requirements, from the current City standard of 50% to 75% rate of diversion, for construction and demolition waste. In construction, all three projects would need to include additional construction verification measures. For 10900 North Tantau Avenue this would include additional commissioning, monitoring and verification of energy performance. For the 10750 Johnson Avenue and 10845 North Stelling Road projects, the additional required measures are the HERS (Home Energy Rating System) verifications that are included in the LEED energy prerequisite: Quality Insulation Installation, Duct Leakage, and Refrigerant Charge. Estimate of Additional Costs and Savings Generally green building has been determined to result in an average additional construction cost of 2 %. Workshops conducted in the fall by the Building Standards Commission in regard to the recently adopted Cal Green code estimated that the costs associated with the Cal Green requirements are approximately $0.50 to $1.00 a foot. In addition, a study recently completed by Global Green for the City of Mountain View Energy Reach Code identified an average additional cost of $.40 per sq ft. for residential and $1.50 for non - residential buildings to incorporate the energy efficiency upgrades needed to achieve 15% improved performance. Combined, these costs are $.90 to $1.40 per sq. ft. for residential and $2.00 to $2.50 per square foot for non - residential. Compliance with LEED or GPR also results in costs for registration, certification, additional design team coordination, and documentation during construction. A summary of the estimated costs of the upgrades for the three study projects is provided in Table 1. The costs are based on: a) the assumptions for the incremental cost of the energy system upgrades environmentally preferable materials described above, b) registration and certifications fees, c) field verification fees, and d) an estimate for preparing and submitting certification documentation to the US Green Building Council /Green Building Certification Institute. Global Green USA — Green Building Ordinance Cost Analysis 255 Table 1: Incremental Costs of Upgrades to Achieve LEED Certification 10750 Johnson 10845 North 10900 North Tantau Ave. Stelling Road Avenue Single - Family Multi - Family Non - Residential Residential Residential 2,380 sq.ft. 32,200 sq.ft. 96,680 sq.ft. Registration $450 $900 $900 Design $2,500 $4,000 $10,000 Energy Systems $952 $12,880 $145,020 Materials $1,785 $24,000 $72,510 Construction $1,000 $10,000 $25,000 Verification (HERS) (HERS) (Commissioning, M &V Documentation 5 $2,500 $7,500 $25,000 Preparation Certification /Provider $1,500 $3,500 $2,250 Fee Total Incremental $10,687 $62,780 $280,680 Cost Cost /Sq. Ft. 7 $4.49 $1.94 $2.90 Percent Cost 2.2% 1.0% 1.5% Increase 1. From USGBC web site 2. Assumes 25, 40 and 100 hours at an average cost of $100 /hr. 3. Based on Mountain View Energy Reach Code Cost - Effectiveness Study: $0.40 /sf average for residential and $1.50 /sf for non -res, 4. Assumes average incremental cost of $0.75 /sq.ft. 5. Based on typical costs for current Global Green projects 6. Davis Energy Group LEED for Homes fee schedule, GBCI fee schedule 7. Assumes $200 per square foot average cost of construction Based on results for similar project types in Mountain View Energy Reach Code Cost - Effectiveness Study, the estimated annual energy savings is $115 /year for the single - family house, $1,600 for the multi - family, and $18,000 for the non - residential building. Additional savings would result from reduced water use and lower maintenance costs. The projects may also experience more rapid appreciation or higher assessed value at time of sale. Summary It is feasible for all three projects to achieve LEED or GPR certification without requiring significant design modifications. The primary source of increased construction costs is from upgrades to the heating, cooling, and hot water systems. Other costs include those related to LEED or GRP registration and certification, green rater and HERS rater fees, and additional design fees from the project architects and mechanical engineers. Combined, the estimated incremental cost increases are consistent with incremental cost studies such as the Cost of Green Building Revisited (Davis Langdon, 2007) that Global Green USA — Green Building Ordinance Cost Analysis 256 determine that the incremental cost of achieving LEED Certification range from 0% to 5% of total construction costs, with most projects experiencing 3% or less of an increase in costs. Global Green USA — Green Building Ordinance Cost Analysis 257 ATTACHMENT E February 1, 2011 Cupertino City Council Page 6 I member Mahoney stated that Council had received items from other agenci n the I that they were not violating any process. Council member Chang ex;pe ern regarding the language of the proposal, but said he did not have any issue wi proce PUBLIC HEARINGS 18. Subject Green Building Ordinance (Continued from Jan 18) Recommended Action Conduct first reading of Ordinance No. 11 -2074 and adopt Resolution No. 11 -016 Description Application: MCA - 2010 -04; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance; "An Ordinance of the City Council of the City of Cupertino establishing Chapter 19.78 to create a Green Building Ordinance" The City Clerk distributed the following written communications: • A corrected first page of the staff report (pages 280 and 281 of the packet) • A copy of the staff PowerPoint presentation • Email from Myron Crawford dated January 29, 2011, opposed to the Green Building Ordinance • Email from the Building Industry of the Bay Area dated January 31 requesting continuance to allow more stakeholder participation Senior Planner Aki Honda Snelling reviewed the staff report. M February 1, 2011 Cupertino City Council Page 7 Jennifer Griffin said she was pleased with the City's effort on the ordinance, but was opposed to giving incentives to developers for lead certification, off - street parking, and story poles. Myron Crawford, Berg and Berg, said he was opposed to the ordinance. He stated that he believed code development should be dealt with by the State and code committees. He suggested that the City follow the CAL Green standards for now and not add additional costs to developers. Adam Montgomery spoke on behalf of Silicon Valley Association of Realtors and said he was opposed to the ordinance. He noted that renovations were not defined, the 85 percent standard was not justified, and the fees appear to be a penalty which could cause a potential down zoning of property. . Kevin McClelland, spoke on behalf of the Cupertino Chamber of Commerce. Mr. McClelland requested that a review of the issues in the use of locally produced materials be done. He also noted that there should be more clarity around the renovation as issues and reviews should apply only to the new work. Mark Burns, local real estate agent and member of SILVAR, spoke in opposition to the draft ordinance. He stated that it was hastily prepared, far more aggressive than what was talked about during the focus group meetings, and 85 points was too high. He suggested taking a cautious approach, follow CAL Green standards, and that a new draft go back to the focus groups. Ricky Shen, new homeowner in Cupertino, stated that the fees and requirements of the ordinance would make a renovation to his home impossible to complete. David Kaneda, former Planning commissioner, noted that the issue of uniformity was a concern and that most cities want to have similar ordinances to maintain a balance in developments. He recommended starting with ;something that could be updated and revisited in the future as needed. Walker Wells clarified that the Santa Clara City Association had put together Phase II as a template for private sector development, but cities go through an internal process to develop requirements for their own city. He also noted that public workshops were held, and in the second one, they went item by item through the proposed draft and talked about options related to stringency, general approach, and outreach. The Council members offered their comments: Mahoney stated that he was opposed to adding incentives. Wang was concerned that the focus group only accounted for a small percentage of the draft, the cost factor was too high, and incentives were too costly. She also supported educational workshops for the public. 259 February 1, 2011 Cupertino City Council Page 8 Community Development Director Aarti Shrivastava responded that the focus groups had been informed of every meeting and staff also held workshops with them. She noted that staff could offer a draft closer to Phase 11 for Council and felt that would be productive. Chang expressed concern that the cost may be too high without actually reducing energy costs. Wong felt that 85 points was too high of a requirement; the second deposit was also too high; and multi - family units one through four should be treated the same, but larger complexes could be higher. He also preferred having the draft stay at the council level and asked that Mr. Walker provide a brief presentation with cost examples. Walker Wells presented a brief presentation showing examples of projected costs, future energy savings, and investment repayment. He noted that there were benefits such as reduction in energy and water costs, increased durability, more valuable working and living environments. Soft costs are registration fee, certification fee, consultant or rate fee, extra design time, and building commissioning (LEED). Hard costs are material and equipment upgrade costs. Extra costs for energy measures would be about $40,000 for a multi - family home and about $4,000 for a single family home. There would be about a 20 -35 year payback with respect to energy savings for a single family home for $10,000 of extra costs. Mahoney Wang moved and Wang seconded to continue this item to a future meeting to incorporate what was discussed tonight at this public hearing. Shrivastava said staff would also explore what other cities are doing to incentivize green building practices in existing structures. Wong requested a single family residential cost estimate of a remodel in addition to the green ordinance, including fees, consultants, and deposit. He also asked for an example for a multi- family unit and a comparison of single family to multi - family, such as an 8 or 9 -unit subdivision, as well as for office and commercial uses, to include the deposit, costs, and certification. He asked to see something more Cupertino- centric if possible. Santoro suggested lowering points to 50 on pages 283 and 284; deleting renovations on the second section; changing the square footage amount to less than 10,000 for small, 10,000- 50,000 for mid -size, and greater than 50,000 for large on page 284; delete the $1 million evaluation for square footage on page 285; and reduce fees by half on page 286. He also preferred to see an expert involved early on in the preliminary plans to save money and time and preferred incentives such as expediting plan checking and floor area ratio (FAR), but opposed the story poles and parking spaces. Wong, Wang, and Santoro concurred that they would like to have a hard copy of the updated draft go back to the Chamber of Commerce, the focus groups, and all stakeholders as well as anyone who spoke at the meeting tonight, to obtain their comments. The motion to continue carried 3 -2 with Chang and Santoro voting no. N.1 ATTACHMENT F CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.ora CITY COUNCIL STAFF REPORT Meeting: February 1, 2011 Subiect Green Building Ordinance (continued from January 18) Recommended Action Conduct first reading of Ordinance No. 11 -2074 and draft Resolution Description Application: MCA - 2010 -04 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance (See Attachment A, Ordinance No. 11 -2074) and related fees and deposits (See Attachment B, Model Resolution). BACKGROUND Council Authorization on the Green Building Ordinance Process On January 19, 2010, the City Council authorized staff (See Attachment Q, January 19, 2010 City Council report) to proceed with developing a draft Green Building Ordinance, per the Phase II recommendations by the Santa Clara County Cities Association in partnership with the Silicon Valley Leadership Group (See Attachment C, Phase It recommendations). The Council authorized a budget of $25,000 to complete the process (including one city -wide postcard notice). The Phase R recommendations are criteria and thresholds for development, including new construction and renovation/remodeling projects, that aim -to support the use of healthy building materials and construction methods, and promote energy, water and resource efficiency and conservation by adherence to rating systems called LEED (Leadership in Energy and Environmental Design) and GPR (Green Point Rated) that were developed by the U.S. Green Building Council (USGBC) and Build It Green (BIG) respectively. Key Community Outreach Efforts May 2010: City -wide notices were sent out inviting residents, businesses and members of the development community interested in participating in the Green Building Ordinance Focus 1 261 Groups. A non- profit environmental consulting group, Global Green, was retained to assist the City through facilitation of the focus group meetings and to develop a draft ordinance. June 7, 2010: The City held its first Green Building Ordinance Focus Group meeting at De Anza College's LEED Platinum Kirsch Center. The meeting was attended by over 60 participants, and included a tour of the Kirsch Center, a presentation on the purpose and concepts of green building and the Phase H recommendations, and small group discussion sessions to encourage participants to provide input on elements of the green building ordinance. July 13, 2010: In response to the focus group participants' comments, the Planning Commission held an educational workshop in order to better understand the green rating systems under consideration. The workshop included a presentation by Shiloh Ballard of Silicon Valley Leadership Group who provided an overview of the Phase II recommendations. Additionally, David Kaneda, Cupertino Planning Commissioner, provided an overview of the Cal Green building codes, the state's new green building code requirements for new construction that became effective on January 1, 2011. July 29, 2010: The City held its second and final Green Building Focus Group meeting, at which time a draft Green Building Ordinance was presented to participants and the core elements of the draft ordinance were discussed. Staff and Global Green received many comments and suggestions at both of the focus group meetings (See Attachments D and E - focus group comments) from participants that represented the residential, business and development community in Cupertino. Attachment F provides additional comments received on the Draft Green Building Ordinance. City staff also provided outreach of the ordinance process by hosting a booth at the City's 2010 Earth Day event, meeting with key stakeholders • (e.g. businesses and commercial property owners, including Apple), addressing participants at the Mayor's Community Congress and at a Chamber of Commerce Legislative Action Committee meeting, and posting information in the Cupertino Courier, Cupertino Scene, and via online through the City's green building webpage, Facebook and Twitter. DISCUSSION Planning Commission On October 12, 2010, October 26, 2010 and November 9, 2010, the Planning Commission reviewed the draft Green Building Ordinance (See Attachments G, H & 1, October 12, October 26, and November 9 Planning Commission staff reports, respectively). The draft ordinance was refined to incorporate the comments and suggestions the City received from the focus group meetings and from meetings with key stakeholders in the community. The Commission recommended approval of the draft ordinance on a 3 -2 vote (Chair Brophy and Commissioner Miller voted no). A detailed discussion of the Planning Commission's recommendation is provided later in this report. Chair Brophy and Commissioner Miller did not support the draft green building ordinance, noting that the City should focus on reducing energy consumption/utility use on existing 281 buildings and on transportation, rather than on new construction and renovations. They also expressed concerns that the increases in construction cost resulting from the regulations could make projects infeasible and negatively impact local jobs. Draft Green Building Ordinance Components The draft Green Building Ordinance as recommended by the Planning Commission in Resolution No. 6615 (see Attachment J) is based on the Phase 11 framework with refinements resulting from the Planning Commission's recommendation and input received from the Green Building Ordinance focus group participants, various community stakeholders, and staff. Key components of the draft ordinance recommended by the Planning Commission are summarized below: Effective Date of the Ordinance •S The Planning Commission recommends. that the City Council consider a specific date six (6) months from the adoption of the ordinance (to start from the first of the month). This allows for an adequate grace period for applicants to get information about the new regulations prior to preparation of project drawings and submitting building permits. Alternate Reference Standards (Section 19.78.050) ❖ This section states that alternate reference standards may be allowed by the decision maker for the project if the alternate standards are equivalent to the minimum standards or exemplary standards of the ordinance based upon prescribed findings. The alternate reference standards were recommended based on comments from businesses stating that the ordinance should be flexible over time to accommodate new reference standards that did not fit those listed at this time. The recommended findings ensure that the alternate reference standards would fit criteria similar to the reference standards such as LEED and GPR that are currently listed in the ordinance. Projects that use alternate reference standards will be required to go through a formal certification process. Standards for New Construction. Renovations and Additions (Section 19.78.060) ❖ This section forms the main portion of the ordinance and lays out thresholds, minimum Green Building standards and verification requirements for new construction, renovations and additions. To assist in comparing the changes between the Phase II Recommendation and the Draft Ordinance, a comparison table (Table 1) is provided below. Additional options provided to the Planning Commission are also listed for Council consideration in the last column in the table. A brief discussion of the Planning Commission and optional recommendations is provided after the table. A detailed discussion of recommendations is provided in the staff reports to the Planning Commission (See Attachments G, H & 1) and minutes of the. Planning Commission meetings (See Attachments K, L & l). Pqm 263 Table 1 Type of Phase 11 Recommendations Cupertino Draft Green Building Other Options Considered by the Project Ordinance Minimum Planning Commission Requirements Residential - Single- Family (SFR) & Multi All Single - Family and Multi- Family: (1) Single- Family < 5 homes: New Family (MFR) < 9 homes: OR Construction Minimum: GPR min. 85 pts or (Single GPR Rated (50 pts min.) or LEED Certified w /Formal Single - Family 5 2,500 sf: Family & LEED Certified. Verification. Multi_ GPR min. 75 pts or LEED Family) Exemplary. GPR min. 125 pts or Certified w /Formal Verification. SFR & MFR z 9 homes: Single- Family > 5 homes: LEED Gold w /Formal Verification' OR GPR Rated or LEED Silver Single - Family > 2,500 sf: GPR min. 100 pts or LEED Certified w /Formal Verification. Multi- Family < 5 homes: OR Multi- Family 5 800 sf (unit size): GPR min. 75 pts or LEED Certified w /Formal Verification. Multi- Family z 5 homes: OR Multi- Family > 800 sf (unit size): GPR min. 100 pts or LEED Silver Formal Certification Residential - SFR <$100K permit valuation; Single - Family z 50% total existing Renovation/ or <500 sf addition; or FAR floor area: Addition increase <50 %: (Single- Minimum: Cal Green Mandatory Family & BIG Elements checklist or (for new portions only) w /Informal Multi- LEED checklist Verification. Family) SF$100K- $200Kpermit valuation; or 500 -1,000 sf Exemplary: GPR min. 125 pts or ad&n: LEED Gold w /Formal Verification BIG Elements 25-49 pts. or LEED Certified SFR $200K+ permit valuation; or 1,000 sf ad&n; or FAIL increase of 50 %: GPR Rated (min. 50 pts.) or LEED Certified 283 Type of Phase U Recommendations Cupertino Draft Green Building Other Options Considered by the Project Ordinance Minimum Planning Commission Requirements Small MFR (rBD): Multiple- Family (minor renovation): GPR checklist or applicable Minimum: Cal Green Mandatory LEED checklist w /Informal Verification. Exemplary: GPR min. 100 pts or LEED Silver w /Formal Verification Large MFR (TBD): Multi- Family (major renovation) - Renovations and /or additions that GPR 50 pts. or applicable comprise at least 10,000 square feet, LEED Certified and replace or alter the HVAC system and at least two of the following: building envelope, hot water system and lighting system. Minimum: GPR min. 75 pts or LEED Certified w /Informal Verification or LEED EBOM Certified w /Formal Verification. Exemplary: GPR min, 125 pts or LEED Gold w /Formal Verification Non- Small, <5,000 sf: < 10,000 sf: ( Require Formal Verification for Residential - projects over 50,000 sf. New LEED checklist Minimum: Cal Green Mandatory Construction w /Informal Verification. Exemplary: LEED Gold w /Formal Verification Mid -size, 5,000 - 25,000 s£ > 10,000 - 25,000 sf: LEED Certified Minimum: LEED Certified w /Informal Verification Exemplary: LEED Gold w /Formal Verification Large, >25,000 sf: 25,001 or more sf: LEED Silver Minimum: LEED Silver w/ Formal Verification. Exemplary: LEED Gold w /Formal Verification 284 265 Type of Phase II Recommendations Project Non- Small projects: Residential - Renovations/ LEED Checklist Additions Cupertino Draft Green Building Ordinance Minimum Requirements Renovations /Additions: Minimum: Cal Green Mandatory w /Informal Verification. Exemplary: LEED Gold w /Formal Verification Large w/o HVAC: 2 of 4 systems are touched + > 10,000 sf + > permit valuation of $1 million permit valuation: LEED Certified w/o prerequisites Large w /HVAC: 2 of 4 systems are touched, one being HVAC + > 10,000 sf + > $1 million permit valuation: LEED Certified Major Renovation - Renovations and /or additions that comprise at least 10,000 square feet, and replace or alter the HVAC system and at least two of the following: building envelope, hot water system and lighting system. Minimum: 10,000 - 25,000 sf — LEED Certified w/ Informal Verification or LEED EBOM w /Formal Verification. Minimum: 25,001 sf or more - LEED Certified w /Formal Verification or LEED EBOM w /Formal Verification. Exemplary: LEED Gold w /Formal Verification Other Options Considered by the Planning Commission Mixed Use Not Addressed For projects with both residential Projects and non - residential components, each use shall comply with the minim requirements stated above. Note: Definitions for Formal and Informal Verification are provided later in this report. 1. Ontions for Residential New Construction, Sinale- Family and Multi-Fa The option regarding number of units differs from the Phase II recommendation (delineating between less than 5 units and greater than or equal to five units, rather than 9 units because it differentiates single - family and minor lot subdivisions (e.g. parcel maps with less than 5 lots) from larger subdivision projects requiring a tract map). The recommendation to use unit size as a threshold (See Option (1) above in column 3) is based on an initial Planning Commission discussion to encourage smaller units, which use less energy and materials. The threshold for the square footage option differentiating between small and large unit sizes is based upon the typical size of a single - family home (2,500 square feet) and a two- bedroom multi - family apartment unit (800 square feet). 285 KIM . 2. Option for Non - Residential New Construction The Council may consider requiring Formal Verification for non - residential new construction projects above 50,000 square feet, rather than requiring Formal Verification for all large non- residential new construction projects above 25,000 square feet. This option was initially proposed based upon concerns that stakeholders had raised about requirements for certification. Formal and Informal Verification (Section 19.78.070) and Related Fees ❖ The threshold and verification requirements recommended by the Planning Commission are provided in Table 1. Formal Verification requires the project to obtain the required certification level by an approved rating standard (LEED, GPR or an alternate rating standard approved by the City). Formal Verification also requires a green building deposit to be submitted to the City as surety that the project will follow through with the certification requirement. The intent of a deposit that is comparable to the certification fees serves as an incentive to encourage applicants to follow through.with their certification requirement and not make forfeiting the deposit amount a more attractive alternative. In the case of Formal Verification, the entire deposit amount will be returned after the applicant provides proof of receiving formal certification from the rating agency within 18 months of final occupancy; otherwise the deposit would be forfeited to the City to be used to advance the purpose of the ordinance. Informal Verification would- require a deposit to cover the cost of a green building consultant to verify that the building is designed to the applicable requirement. In the case of Informal Verification, the balance of the deposit will be returned to the applicant. Informal Verifications for CalGreen requirements will not require any deposits. 4- The Planning Commission recommends the following deposits for Formal and Informal Verification (See Table 2 below). A resolution to adopt the recommended green building deposit fees (see Attachment B) has been provided for the Council's consideration. TABLE 2 - Verification Fees and Deposits Recommended b y the Planning Commission Recommended Deposit for Recommended Deposit for Project Type Formal Verification Informal Verification $2 /sq.ft. Single Family $2,000 $900 $2 /sq.fk Multi-Family min. $40,000 max. $75,000 $1,500 $2 /sq.ft. Non - residential min. $70,000 max. $150,000 $1,500 Note; Informal Verification for CalGreen will not require aiq - deposits and will be done in- house. Note. The Planning Commission recommended a Formal Certification deposit for single-family residential that is lower than the estimated certification fee for single-family residential. 286 267 The recommendations are based on Table 3 - typical green building certification costs provided by Global Green. TABLE 3 - Typical Green Buildirt g Certification Costs Project Type Green Point Rated LEER for Homes LEED BD &C Single Family $3,800 $5,000 Multi-Famil $40,380 $54,700 Office 20,000 s . ft. $71,650 Office 50,000 s . ft. $97,650 Projects Requiring Informal Consultant Verification Typical costs for consultant review range from $900 for single- family and small projects to about $1,500 for larger projects *Based on data from Build it Green, US Green Building Council,Davis Energy Group, StopWaste,org, and Global Green. 19.78.080 Voluntary Requirements to Obtain Incentives Incentives that are included in the ordinance are only considered for projects that meet or exceed the exemplary standards, which are higher than the minimum requirements. ❖ The Planning Commission is recommending two types of incentives, automatic and discretionary. Automatic incentives automatically allow an applicant to obtain a reduction in applicable building permit fees by an amount set by the Council for meeting or exceeding the applicable exemplary standards. Discretionary incentives are granted by the City as part of a discretionary review approval. Projects must also meet specific findings to be considered for discretionary incentives. Incentives: a. Automatic Incentives: Recommend building permit fee reductions. The reductions will be based on annual Council review and adoption of the fee schedule. This will allow the Council to tailor fee reduction incentives annually based on available City fiends. b. Discretionary Incentives: i. 10% reduction in required off - street parking required by the Municipal Code. ii. Additional option (not recommended by Planning Commission) - 10% increase in max. floor area ratio (FAR). c. Consider the following additional incentives: i. An expedited plan check process moving exemplary projects ahead of the plan check line. ii. Look at disincentives such as reduced FARs for projects that are not exemplary under the Green Building Ordinance. iii. Look at incentives such as reducing Below Market Rate (BMR) units /fees, grading bonds, and removing story pole requirements for Rl projects. 287 268 Items c(ii) and c(iii) would require an amendment to other documents such as the General Plan Housing Element, BMR Mitigation Manual, Subdivision Ordinance for grading bonds and Single - Family (Rl) zone requirements for story poles and would be separate projects in themselves with extensive public participation, noticing and/or review for consistency with State laws. 19.78.090 Exemptions for Historic or Atypical Projects ❖ Projects that are exempt from the ordinance include properties that have successfully demonstrated to the City and meet the standards of this section that they are historic in nature or include atypical energy- related design requirements and/or patterns of use. Exemptions for Projects that have already received Planning Permits ❖ The Planning Commission considered the idea to exempt projects that had already received planning approvals /entitlements from the ordinance. The Commission recommends that planning approvals /entitlements not be exempt from the ordinance since such approvals /entitlements would not be exempt from the new Cal Green building codes that became effective on January 1, 2011. As a means to create greater awareness, the Commission also recommended that Planning staff notice all planning project applicants of the new requirements once the Green Building Ordinance is adopted. Additional Reference Material Additional reference materials that were provided to the Planning Commission in previous reports have been included for the City Council's review and consideration. Prepared by: Aki Honda Snelling, Senior Planner Reviewed by: Gary Chao, City Planner and Aarti Shrivastava, Community Development Director Approved for Submission by: David W. Knapp, City Manager Attachments: A. Green Building Ordinance No. 11 -2074 B. Model Resolution of Amendments to the Fee Schedule C. Phase II Recommendations D. June 7, 2010 Focus Group Meeting Comments E. July 29, 2010 Focus Group Meeting Comments F. Email from Berg & Berg Developers, Inc. from January 15, 2011 G. October 12, 2010 Planning Commission staff report H. October 26, 2010 Planning Commission staff report I. November 9, 2010 Planning Commission consent report J. Planning Commission Resolution No. 6615 K. Minutes of the October 12, 2010 Planning Commission meeting L. Minutes of the October 26, 2010 Planning Commission meeting M. Minutes of the November 9, 2010 Planning Commission meeting N. Comparison Table of standards in Sunnyvale, Morgan Hill & Palo Alto O. LEED EBOM/LEED CI comparison by Global Green P. % of New Construction data :. K.- Q. % of Tenant Improvement data R. January 19, 2010 City Council report S. Cal Green Description T. Comparison of Cal Green, LEED and GPR prepared by Lyn Simon & Associates :• 270 ATTACHMENT G MCA - 2010 -04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6615 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE AMENDMENT TO CREATE CHAPTER 19.78 (GREEN BUILDING) OF THE CUPERTINO MUNICIPAL CODE The Planning Commission recommends approval of the proposed amendment to the City of Cupertino Municipal Code as shown in Attachment A attached herewith. PASSED AND APPROVED this 26th day of October 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Vice Chair Lee, Kaneda, Giefer NOES: COMMISSIONERS: Chairperson Brophy, Miller ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none V ATTEST: APPROVED: V / s / Aarti Shrivastava Aarti Shrivastava Director of Community Development /s /Paul Brophy Paul Brophy, Chair Planning Commission 271 R ff MA�k` ., 10, Ordinance No. XXXX CX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING CHAPTER 19.78 TO CREATE A GREEN BUILDING ORDINANCE WHEREAS, the Planning Commission conducted a properly noticed public hearing on October 12, 2010; WHEREAS, the public hearing was continued to and conducted on October 26, 2010; WHEREAS, the Planning Commission adopted Resolution #6615 to recommend that . the City Council adopt this ordinance; WHEREAS, the City Council conducted a properly noticed public hearing on this ordinance; WHEREAS, adoption of the ordinance will improve the environment and is in the . public interest. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Statement of Purpose. This ordinance establishes a new chapter of the Cupertino Municipal Code to create a green building ordinance. Section 2. Code Amendment. Chapter 19.78, entitled "Green Building," of the Cupertino Municipal code is established as shown in Exhibit 1. Section 3. Severabilit! . Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. t? Section 4. Effective Date. This Ordinance shall take effect and be in force thirty days from adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. 99582.2 272 Section 6. CEQA. Because this project will assure the maintenance, restoration, enhancement, or protection of the environment and does not relax the regulation of construction activities or standards allowing environmental degradation, this project is exempt from CEQA pursuant to CEQA Guidelines section 15308. INTRODUCED at a regular meeting of the Cupertino City Council the day of 2010 and ENACTED at a regular meeting of the Cupertino City Council on this of 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: p 99582.2 273 r City of Cupertino CHAPTER 19.78: GREEN BUILDING 19.78.010 Purpose and Intent This Chapter is intended to support a "whole systems' approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic, and social impacts of construction, demolition, and renovation of buildings and structures. The City wishes to promote green building practices that minimize the use of energy, water, and other natural resources while promoting a healthy and productive indoor environment. The City also wishes to encourage applicants to voluntarily adopt practices that are more environmentally friendly than the minimum required by this Chapter by providing incentives for such buildings and structures. 19.78.020 Definitions The following terms shall have the following definitions for purposes of this Chapter: A. "Building Envelope" means the separation between the interior and the exterior environments of a building in order to provide structural integrity, moisture control, temperature control, and air pressure control. The principal physical components of the building envelope include the foundation, roof, walls, and windows. B. "Decision maker" means the person or entity with final approval authority over the underlying project. C. "Exemplary Standards" mean the standards that correspond to the requirements of a particular project and are listed in column 2 of the chart that appears in Section 19.78.060. D. "Green Building Checklist" means a checklist, typically with prerequisites and credits and /or points that is developed by the administrators of green building certification systems and used to determine whether a development project can achieve certification. E. "Minimum Standards" mean the minimum standards that apply to a particular project, as listed in column 1 of the chart in Section 19.78.060. F. "Required Verification' means the standards that correspond to the requirements of a particular project, as listed in column 3 of the chart in Section 19.78.060, for which verification procedures are fully set forth in Section 19.78.070. 19.78.030 Adoption of Green Standards by Reference The following codes are hereby adopted by reference as they exist at Chapter adoption or as subsequently amended: `° - A. GPR (Green Point Rating) Standards The following Green Building Guidelines that are administered by Build It Green ('BIG'): a. Single Family New Home Construction. b. Single Family Home Remodeling. c. Multifamily New Home Construction. 99572.3 274 B. LEER (Leadership in Energy and Environmental Design) Standards The following rating systems developed by the U.S. Green Building Council, and administered by the Green Building Certification Institute (GBCI): a. LEED for Homes. V b. LEED for New Construction and Major Renovation. c. LEED for Existing Buildings: Operations & Maintenance (EBOM). d. LEED for Commercial Interiors. e. LEED for Core and Shell Development. f. LEED for Schools New Construction and Major Renovation. g. LEED for Neighborhood Development. h. LEED for Retail. i. LEED for Healthcare. 19.78.040 Minimum Requirements On or after 2011, the City shall not issue any building permit unless, in addition to meeting all other legal requirements, the decision maker determines that:- A. The project complies with the applicable " minim um requirements' set forth in the first column of the chart in Section 19.78.060; and B. The project met the applicable required verification per Section 19.78.070, unless the project, or portions of the project, receive an exemption per Section 19.78.090. 19.78.050 Alternate Reference Standards The decision maker may declare that an alternate reference standard is equivalent to the minim standards or exemplary standards per the chart in Section 19.78.060, if the decision maker finds that: A. The applicant has utilized an alternate comprehensive green building rating system that: a. Is comprehensive, and applies standards that are, when taken as a whole, as stringent as the GPR and LEED standards; b. Addresses a comprehensive scope of green building issues including energy efficiency, water efficiency, resource efficient materials, and healthy building practices; c. Includes a formalized certification process that incorporates third party verification; and d. Includes a set of standards that is comparable to the applicable minimum and /or exemplary standards. B. The project will: 1. Meet or exceed the applicable minim and /or exemplary standards. 2. Advance the purposes of this Chapter. Examples of alternate comprehensive green building rating systems include but are not limited to: Living Building Challenge (US), Building Research Establishment Environmental Assessment Method (UK), and Comprehensive Assessment System for Building Environmental Efficiency (Japan). Draft 11 -03 -10 h5 V 19.78.060. Standards for New Construction, Renovations and Additions The following chart lists the standards and required verification that apply for new construction, renovations and additions. Draft 11 -03 -10 �76 Column 1 Column 2 Column 3 Minimum Standards Exemplary Standards Required Verification See §19.78.070. ��q (C1N:TTtUC�TZC3�� -� -2 �- iv a. Residential L Single Family and Multi - Family homes ® GPR minimum 125 pts. Minimum: Formal. • GPR minimum 85 points or or Exemplary: Formal. • LEED Certified or ® LEED Gold Alternate Reference Standard: • Alternate Reference Formal. Standard per Section 19.78.050 b. Non - Residential i. Less than 10,000 SF. ® CALGreen Mandatory ® LEED Gold Minimum: Informal. Exemplary: Formal. ii. 10,000 - 25,000 SF. Minimum: Informal. • LEED Certified or LEED Gold Exemplary: Formal. • Alternate Reference Alternate Reference Standard: Standard per Section Formal. 19.78.050 iii. 25,001 or more SF. Minimum: Formal. • LEED Silver or ® LEED Gold Exemplary: Formal. • Alternate Reference Alternate Reference Standard: Standard per Section Formal. 19.78.050 a. Residential i. Single- family. Renovations and /or additions over areas ® GPR minimum 125 pts Minimum: Informal. that comprise at least 50% of or ar Exem l Formal. Exemplary: the total existing floor area. ® LEED Gold ® CALGreen Mandatory ii. Multi - family (minor). ® GPR minimum 100 pts Minimum: Informal. Renovations and/or or Exemplary: Formal. Draft 11 -03 -10 �76 Column 1 Column 2 Column 3 Minimum Standards Exemplary Standards Required Verification See §19.78.070. additions that do not meet LEED Silver the higher thresholds for "major renovations and additions" in the cell below. ® CALGreen Mandatory iii. Multi- family (major). ® GPR minimum 125 pts Minimum: Informal (except Renovations and /or or for LEED EBOM which shall additions that comprise at LEED Gold require Formal). least 10,000 square feet, and Exemplary: Formal. replace or alter the HVAC Alternate Reference Standard: system and at least two of Formal. the following: building envelope, hot water system, and lighting system. • GPR minim 75 pts or • LEED Certified or LEED EBOM Certified or • Alternate Reference Standard per Section 19.78.050 b. Non- Residential i. Minor. Renovations and /or ® LEED Gold Minimum: Informal. additions that do not meet Exemplary: Formal. the higher thresholds for "major renovations and additions" in the cell below. ® CALGreen Mandatory ii. Major. Renovations and /or LEED Gold Minimum: 10,000 - 25,000 additions that comprise at square feet - Informal (except least 10,000 square feet, and for LEED EBOM which shall replace or alter the HVAC require Formal). system and two of the Minimum: 25,001 square feet following: building or more - Formal envelope, hot water system, Exemplary: Formal. and lighting system. Alternate Reference Standard: • LEED Certified or LEED Formal. EBOM Certified or • Alternate Reference Standard per Section 19.78.050 Draft 11 -03 -10 �77 Column 1 Column 2 Column 3 Minimum Standards Exemplary Standards Required Verification See §19.78.070. Mixed -Use For projects with residential and non - residential components, each use shall comply with the minim requirements and verification requirements stated above. To meet exemplary and alternate reference standards requirements, each use shall comply with the requirements stated above. Note: 77w requirements in t1w Section "renovations and additions" only apply to the portions of t1w building that are subject to the renovation or addition. 19.78.070 Required Verification Verification that a project meets the applicable environmental standards occurs through either the formal or informal verification process per the requirements in the chart in Section 19.78.060. A. Formal Verification A project will meet the formal verification process if the City determines that the project meets or exceeds the applicable thresholds listed in Section 19.78.060 and the applicant submits all of the following to the City in addition to other application requirements, to assist the City in making that determination: a. Planning Applicati on . A green building checklist that includes cross - references to appropriate locations in the construction documents for all prerequisites and selected points or credits; and demonstrates that the proposed project meets the applicable minim requirements. b. Building Permit. i. Proof of project registration with administrating body of the applicable reference standard, ii. A green building checklist that includes cross - references to appropriate locations in the construction documents for all prerequisites and selected points or credits; and demonstrates that the proposed project meets the applicable minimum requirements, and iii. Green Building deposit in an amount that may be set by resolution of the City Council. The applicant may provide the deposit in the form of cash, or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification rdocument being provided per Section 19.78.070(A)(c). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit, and shall use the deposit solely to advance the purposes of this Chapter. c. Within 18 months of Final Occupancy - Certification document for LEER, GPR or alternate rating standard accepted by the City per the chart in Section 19.78.060. B. Informal Verification A project will meet the informal verification process if the City determines that the project meets or exceeds the applicable thresholds listed in Section Draft 11 -03 -10 �78 19.78.060 and the applicant submits all of the following to the City in addition to other application requirements, to assist the City in making that determination: a. Planning Application. L A green building checklist per Section 19.78.070(A) (a). b. Building Permit. i. A green building checklist per Section 19.78.070 (A) (b)(ii), and ii. A refundable deposit to defray the City's costs of verifying that the building is designed to the applicable minimum requirements. The City shall release any unused deposit amounts to the party submitting the deposit after deter that all verification requirements were met. 19.78.080. Voluntga Requirements to Obtain Incentives An applicant for a building permit may voluntarily opt to meet or exceed the exemplary standards, and to fulfill the applicable verification requirements. A. Automatic Incentives. If the applicant does so, in all cases, the applicant shall obtain a reduction inapplicable building permit fees by an amount set by a resolution by the Council as part of the fee schedule. B. Discretionary Incentives a. In addition to obtaining the automatic incentive listed above, the applicant can request at the time of the submittal of the planning application that the City authorize the issuance of the following discretionary incentive: L A 10% reduction in the amount of off - street parking required by Municipal Code Section 19.100. b. Findings The decision maker may award a discretionary incentive of the decision maker's choosing, at the same time as the approval of the planning application, if it finds all of the following: L The project greatly exceeds the minim amounts required to meet the exemplary standards. ii. The proposed use is compatible with the surrounding community. iii. The project will greatly advance the goals of this Chapter. iv. The project will serve as a model for future green construction; will be harmonious. v. The project is consistent with and will advance the goals of the General Plan. 19F.78.090 Exemptions for Historic or Atypical Projects A. At the applicant's request, the City shall exempt a project from the duty to comply with one or more of the minimum standards if either: a. The project is on a property that is considered "historic" for CEQA purposes, the applicant demonstrates that the historic nature of the property makes compliance with the applicable thresholds infeasible, and the applicant has made all reasonable efforts to mitigate and offset any non - compliance with the threshold(s); or Draft 11 -03 -10 �79 b. The project includes atypical energy- related design requirements and /or patterns of use, these limitations make compliance with the threshold(s) not feasible, and the other components of the project design overcompensate for the lack of compliance with the applicable threshold(s). B. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. Draft 11 -03 -10 h0 Aki Honda ATTACHMENT H From: Myron Crawford [Mcrawford @MISSIONWEST.com] Sent: Saturday, February 19, 2011 6:24 AM To: Barry Chang Cc: City Clerk; Cupertino City Manager's Office; City of Cupertino Planning Dept.; Building; City Council; Aki Honda Snelling at 408.777.3313 or Subject: Proposed Green Building Ordinance & Cal Green Building Code I' vjqfillf' 10050 Bandley Drive Cupertino, CA 95014 -2188 Ph (408) 725 -0700 Fac (408) 725 -1626 rncra rvlordC(� )mission west. cone 2/18/11 Barry Chang - Councilmember City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Ph 408- 777 -3308 3251 Fax 408- 777 -3333 bchang@cupertino. org cityderk@cupertino.org manaper@cupertino.org planning @cupertino.org; buildins;C�cupertino.org citycouncit@cupertino.org Aki Honda Snelling at 408.777.3313 or akisCcupertino,orQ Dear Council Member, Reference: Proposed Green Building Ordinance & Cal Green Building Code Subject: Objection To Imposition Of Municipal Mandatory Green Building Standards In Excess Of The California Green Building Standards Code and Objections To Provisions in the Cal Green Building Code Objections To City Council Agenda 2 -1 -11 Item18 Ord 11 -2074 We appreciate the fact that you take an interest in the business community's viewpoints and concerns. 01 We could go on and on on the cost issue but ask yourself this, why doesn't every city have their own vehicle emission standards. They don't because if they did the price of automobiles would skyrocket or you couldn't get them at all and your citizens would have to leave the city if they needed a car to get to work in another city. Unfortunately we can't pick up our buildings and move them out of the City to avoid your disastrous planned Green Building Ordinance. Did you ever wonder why the price of gasoline is much higher in California than in the rest of the lower 48 states? It's because California; instead of following the federal guidelines California mandated their own standards which is more expensive to produce and also creates artificial supply shortages. We could be out of gasoline in California and Nevada could have an oversupply, but that oversupply could not be used. In addition the California blend is less efficient so it takes more California gasoline to travel the same distance then if you were to use Nevada gasoline. Just another example of mis- guided meddling bureaucrats. What happens when a building is improved for a tenant that will be in the building 3 to 5 years but the building and site will be redeveloped at the end of term. Your ordinance will have required an inordinate unnecessary extra expense on a building that will be torn down and redeveloped. Code development is a process that has been handled by the California Building Standards Commission. The State Housing Law Program within the Department of Housing and Community Development (HCD), along with the other state agencies, is charged with developing new building standards which are then submitted to the California Building Standards Commission Triennial Code Adoption Cycle. 2 M:: public meber,inustry member, an architect, a fire and building official that review the codes and then pass them on to be approved by Secretary of State. The State of Californian Building Standards section explicitly stated that the new green building code WOULD NOT apply to any existing nonresidential building, would not apply to any TI in an existing nonresidential building, would not apply to any existing nonresidential shell building or to any initial or subsequent TI or alteration in that building. We object to the proposed ordinance applying to any nonresidential building other than new nonresidential buildings constructed after January 1, 2011. You should not require anything beyond State requirements. You can contact the state representative listed below regarding nonresidential buildings: Enrique Rodriguez Associate Construction Analyst State of California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 -2936 Ph (916) 236 -0845 Fax (916) 263 -0959 en rigue.rodriguezndgs.ca.gov You have an opportunity to do good here, just don't do anything, just accept the new Cal Green code with no changes. You should just do the job you were elected to do, manage the City's resources wisely, maintain and improve provide adequate • • r • n't rewrite cod leave that to the professionals. 3 ON :.i Aki Honda ATTACHMENT I From: Myron Crawford [Mcrawford @MISSIONWEST.com] Sent: Saturday, March 05, 2011 8:28 AM To: Barry Chang Cc: City Clerk; Cupertino City Manager's Office; City of Cupertino Planning Dept.; Building; City Council; Aki Honda Snelling at 408.777.3313 or Subject: Just When You Think It Can't Get Worse It Does AB 32 SB 375 and Cupertino Proposed Green Building Ordinance & Cal Green Building Code 10050 Bandlep Drive Cuperthio, C.4 95014 -2188 1 (408) 725 -0700 Fax (408) 725 -1626 incr(twfortl(a. )nission)vest.coat 3/5/11 Barry Chang - Councilmember City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Ph 408 -777 -3308 3251 Fax 408 -777 -3333 bchang @cupertino. org cityclerk@cupertino.orQ managerC�cupertino.or planning @cupertino.org; buildinCcupertino.or citycouncit @cupertino.org Aki Honda Snelling at 408.777.3313 or akis@cupertino.orQ Dear Council Member, Reference: Proposed Green Building Ordinance & Cal Green Building Code Subject: Just When You Think It Can't Get Worse It Does If you are aware of these bills and the consequences then you should have been rudely awakened and if you have not been aware of these bills the . bolted down chair and HANG O Cupertin If the planning staff attended the BAAQMD workshop in Mountain View . March 3rd, 2011 then they can give you an update. i i - - OR a. The Santa Clara County parks department had to have a new park approved with a "statement of overriding considerations ". Yes you heard right a new recreational park failed the emissions screening because people had to drive to the park. They had no way to mitigate and had to use a "statement of overriding considerations" to approve the project. b. The City of Fremont stated that they had two project proponents drop out recently because of the uncertainty of not being approved and faced with the prospect having to shell out upwards of $60,000 to $80,000 for air modeling and consultant fees without any assurance that once the studies were done that they would obtain approval. The two projects were a 60 unit affordable housing project and a fast food restaurant located near a freeway. c. The BAAQMD stated: 1. That when you are doing site grading you may be faced with having to have all new equipment on the job so as to not add to the ambient particulate levels. 2. You might have to use electric powered grading equipment for grading next to the property lines. When is the last time you saw a Cat dozer, loader or scraper that was powered by electrified motive power. 3. You might have to retrofit the equipment with new particulate filters, were you aware that the cost of retrofits on large diesel driven equipment could easily run from $30,000 to $300,000. 4. If you proposed to build a 100,000 sf industrial building that is in a remote or semi remote location without good effective public transportation your project is going to have a lot of problems getting approved. You will have to initiate shuttle buses, mandate car pools, spend high five or six figure amounts for extra high efficiency equipment or solar. Solar as you know yourself is not cost effective as it has to be subsidized. You might have to mitigate another existing projects emissions. It would still be speculative that the project could obtain approval. Do you know that we had a college girl working for us living near Bascom and I 880 commuting here by city bus and it took her 1 :Y2 hours to get to work. That amount of commuting time is not acceptable for your regular employees. So even a project that is not remote will have issues as well. 01 K.U. Enrique Rodriguez Associate Construction Analyst State of California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 -2936 Ph (916) 236 -0845 Fax (916) 263 -0959 en rig ue. rodri2uez(&d2s.ea. cov You have an opportunity to do good here, just don't do anything, just accept the new Cal Green code with no changes and do not extend it to existing buildings. You should just do the job you were elected to do, manage the City's resources wisely, maintain and improve the City streets and infrastructure, provide adequate public safety, don't rewrite codes, leave that to the professionals. Thank you for your consideration, 3 PUBLIC WORKS DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subs ect 2011 Cupertino Bicycle Transportation Plan. Recommended Action Adopt Resolution No. 11- , approving the 2011 Cupertino Bicycle Transportation Plan. Discussion The Cupertino Bicycle Transportation Plan is a long -range planning document designed to encourage bicycling as a safe, practical and healthy alternative to the motor vehicle. The current Plan was adopted by the City Council in December, 1998. Since that time, the city has witnessed an increase in bicycle usage, as well as an increased emphasis on alternative forms of transportation as a way to reduce traffic congestion and promote environmental sustainability. As a result, over the past two years the Cupertino Bicycle Pedestrian Commission and City staff have been working together to develop an update to the Bicycle Transportation Plan that addresses present and future needs of the bicycling community, sustainability, and satisfies the requirements for funding eligibility for bicycle projects. The 2011 Cupertino Bicycle Transportation Plan is divided into five main chapters. Chapter 2, Environment, describes Cupertino's climate and topography, its major land -use features, and provides data on present and projected bicycle use. Chapter 3, Engineering, describes each of the seventeen proposed bikeways throughout Cupertino. Chapter 4, Encouragement, describes the ways in which bicycling can be encouraged and discusses incentives to bicycle commuting. Chapter 5, Education, discusses the challenges posed by cyclists who lack the basic skills to safely ride a bicycle in traffic, and the various education programs and approaches designed to improve cyclists' safety. Chapter 6, Enforcement, focuses on the importance and role of law enforcement officials in citing cyclists who fail to observe the rules of the road. The heart of the Plan is Chapter 3, in which each of the seventeen proposed bikeways are described. For each bikeway, the proposed designation (bike route, bike lane, bicycle boulevard, etc.), location, a description of the work to be done, length, and approximate cost are given. Proposed improvements range from small, low -cost items such as installing bike route signs, to large -scale projects such as a grade- separated railroad crossing. Additionally, implementation of many of the bikeways will need to be vetted with the neighborhoods, as they may involve removal of on- street parking, removal of stop signs, or providing access through neighborhoods which currently have no through access. City Council's adoption of the 2011 Bicycle Transportation Plan will allow staff to pursue the feasibility of the individual bikeways through detailed engineering study, public outreach, and funding research, and that staff will return to Council for final approval of each of the bikeways individually once that work has been done and community concerns have been mitigated to the extent possible. The adoption of a Bicycle Transportation Plan is a requirement for a jurisdiction to be eligible for outside funding from certain sources, such as Transportation Development Act (TDA) money administered through the Metropolitan Transportation Commission and Bicycle Transportation Account (BTA) money administered through Caltrans. Sustainability Impact Implementation of the elements of the 2011 Bicycle Transportation Plan will encourage bicycling, reduce reliance on the single- occupancy vehicle, and will therefore have a positive impact on sustainability. Additionally, adopting the Plan is consistent with the Circulation Element of the General Plan, Goal B ( "Increased Use of Public Transit, Carpools, Bicycling, Walking, and Telecommuting ") and Goal C ( "A Comprehensive Network of Pedestrian and Bicycle Routes and Facilities "). Fiscal Impact There is no immediate fiscal impact resulting from adoption of the Bicycle Transportation Plan. However, there will be a cost associated with implementing each of the proposed improvements contained within the Plan. Many of the smaller improvements could be funded by existing operating budgets with minimal fiscal impact. Larger projects may require identifying specific funding sources, such as TDA or BTA grant money, and inclusion within the Capital Improvement Program. Staff would return to Council at a later date for approval of individual projects that have a significant fiscal impact. Prepared by . David Stillman, Senior Civil Engineer Reviewed by : Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attachments: A - Resolution B - Bicycle Transportation Plan :• ATTACHMENT A RESOLUTION NO. 11 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE 2011 CUPERTINO BICYCLE TRANSPORTATION PLAN WHEREAS, the Bicycle Transportation Account and Transportation Development Act provide funding for projects that improve safety and convenience for bicycling; and WHEREAS, a local agency must have a current Bicycle Transportation Plan to be eligible for Bicycle Transportation Account and Transportation Development Act funds; and WHEREAS, the 2011 Cupertino Bicycle Transportation Plan has been prepared by the Cupertino Bicycle Pedestrian Commission, in conjunction with City staff, and WHEREAS, the Cupertino Bicycle Transportation Plan complies with California Streets and Highways Code Section 891.2 and the San Francisco Bay Area Regional Transportation Plan; and WHEREAS, the Cupertino Bicycle Pedestrian Commission recommends City Council approval of the 2011 Cupertino Bicycle Transportation Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the 2011 Cupertino Bicycle Transportation Plan. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 290 ATTACHMENT B City of •- • icvcle Transportation Plar Prepared by the Cupertino Bicycle and Pedestrian DRAFT - February 20, 2011 291 Plan Contributors The Cupertino Bicycle Transportation Plan has been developed by the Cupertino Bicycle and Pedestrian Commission (the Commission), with contributions from the following Commissioners and public agency staff Alan Takahashi Hannah Chow Anne Ng Jim Wiant David Stillman Joe Walton David Greenstein Mark Fantozzi Don Armstrong May Koski Erin Cooke Michelle DeR Geoffrey Paulsen William Chan Glenn Goepfert 1.2.2 Engineering ...: :........... Contents 1 Executive Summary ........ ............................... ............... .. 5 1.1 Recommendations ............................................:............................... ..............................6 2.2.2 Non - Manufacturing Employment .......................................... ............................... 1.1.1 Engineering ................ ............................... ..;.............------•... ..............................6 2.2.3 Schools, High Schools, and College ...................................... ............................... 1.1.2 Encouragement............... ...........................! ...:.............. ............................... 6 1.1.3 Education .....................................::..................................... ............................... 7 1.1.4 Enforcement ..................................:.........::....................:........... ..............................7 2.2.6 " Major Shopping Centers ......................................................... ............................... 1.2 Chapter Descriptions ................... :....... ................ ............................... 7 1.2.1 Environment.:: ,♦ ................ . ............. ............---.... ............................... 7 1.2.2 Engineering ...: :........... 7 1.2.3 Encouragement ..... ..: ......... ........:......................................... .......................-- -....7 3.1.1 Type of Bicyclists ..................••----...........------............------....... ............................... 1.2.4 Education. ................... 8 1.2.5 Enforcement ..........' :.............................................................. ..............................8 3.2 Bicycle Technical Guidelines ........................................................ ............................... 1.3 Conelixsion ................ ; ._ 8 2 Environment....... ........ ................................. ............... ................................................ 9 2.1 Land Use ..... ..... .... ........:....... ............................... ............. ............................... 9 2 12 Employment ........................ ........................................................... .............................10 2.2.1 Manufacturing Employment ................. 2.2.2 Non - Manufacturing Employment .......................................... ............................... 10 2.2.3 Schools, High Schools, and College ...................................... ............................... 11 2.2.4 Parks ..:.................................................................................... .............................11 2.2.5 Public Buildings ..................................................................... ............................... 11 2.2.6 " Major Shopping Centers ......................................................... ............................... 12 2.3 Bicycle Usage ................................................................................ ............................... 12 3 Engineering ............................................................................................ ............................... 13 3.1 Methodology .................................................................................... .............................13 3.1.1 Type of Bicyclists ..................••----...........------............------....... ............................... 13 3.1.2 Transportation versus Recreation ........... :. ................ ............. ............................... 13 3.2 Bicycle Technical Guidelines ........................................................ ............................... 14 3.2.1 Traffic Signal Detection ......................................................... ............................... 14 3.3 Bikeway Classifications ................................................................. ............................... 14 Bicycle Transportation Plan 2 of 67 28 February 2011 292 3.4 Recommended Bike Network...--• .................................................. ............................... 16 3.4.1 The Major Cupertino Bikeways ............................................................................ 17 3.5 Bikeway Implementation ............................................................... .............. ................. 35 3.5.1 Process ................................................................................... ............................... 35 3.5.2 Cost Estimates ........................................................................ ............................... 35 3.5.3 Route Prioritization Criteria ... ............................... . . .............................. 35 3.6 Bikeway Prioritization .................. ... •--- ......--- .......................... ....... ............................... 36 3.6.1 Prioritization Criteria ............................................................. ............................... 36 3.6.2 Bikeway Priority ................................ ............................... ......................... - -•• -- 38 4 Encouragement 39 4.1 City Sponsored Programs .................... ............................... ........ ............................... 39 4.2 Bicycle Commuting Programs ........ ............................... ........ ............................... 40 4.2.1 Bicycle Commuting Campaigns ...................... ...... 41 4.2.2 Incentives to Use Bicycle Commuting. .......................... 41 4.2.3 Support and Applaud Bicycle Commuting ....... `.... .................... 43 4.3 Guidelines for a Bicycle Promotion Program ............................... .... .............. 44 4.3.1 Employer Resource Kit ............ ... ............................................................. 46 4.3.2 Commuting Events and Activities ........: ................................................. 47 4.3.3 White Bike Program .............................. 47 4.3.4 Bicycle Hotline ...... ...................................................... 47 4.3.5 Media Campaigns ......... ........................... ............... ............................... 47 4.3.6 Bicycle Education and Safety....... ...................... 47 4.3.7 The "Cupertino Bicycle Safety Week' .... ........ ........ ............................... 47 4.3.8 Worksite Improvements.... ............ ................................................... 48 4.3.9 Incentive Programs : .................... ......................... ......:................... ............................... 48 4.4 Types of Bicycle Parking Demand and F acilities .......................... ............................... 49 4.5 Matching Demand with Facility Type ...................................... ............................... 49 4.5.1 Short-term Parking: .................................... ............................... 49 4.5.2 Long -term Parking'. .......................................... 49 4.5.3 Overnight Parking .: ................. .......................................... ............................... 50 4.6 Recommended Bicycle Parking ..................................................... ............................... 50 4.6.: 1. Bike Rack Placement Criteria . ............................... ................ ............................... 4.7 Showers and Lockers ..... ...........................•----.............................. ............................... 51 5 Education: :............................................................................................... ............................... 52 5.1 Child B:icyclists... ..................................................................... ............................... 53 5.1.1 Educational Elements ............................................................. ............................... 53 5.1.2 Bicycle Helmets -----• ............................................................... ............................... 55 ; ,5.2 Adult Bicyclists .............................................................................. ............................... 55 5.3 Motorists ... ....................... ............................... 6 Enforcement .................................................................................................. ........................57 7 Appendix A. Plan Conformance to Existing Plans ................................ ............................... 59 8 Appendix B. Bikeway Classifications ................................ ................................................. 60 8.1.1 Class I Bike Path .................................................................... ............................... 60 8.1.2 Class H Bike Lane .................................................................. ............................... 60 8.1.3 Class III Bike Route ............................................................... ............................... 61 9 Appendix C. Bike Parking Facilities ..................................................... ............................... 63 28 February 2011 3 of 67 Bicycle Transportation Plan. 293 9.1.1 Class I Facilities ..................................................................... ....................... •....... 63 9.1.2 Class H Facilities .................................................................... ............................... 63 9.1.3 Class III Facilities ..........................................•--•-------............. ............................... 63 9.1.4 Other Facilities ........................................... ............................... 63 10 Appendix D. Bicycle Education and Safety .................... ........................... 65 10.1 Promotional Sources ..................................•---................................ ............................... 65 10.2 Funding Sources ............................................................................. ............ •-- ................ 67 Figures Figure 1: Cupertino Land Use and Zoning .. ............................... 10 Figure 2: Cupertino Bicycling Destinations ............................... .................... 12 Figure 3: Local Santa Clara VTA Transportation Routes ................................................. 44 Figure 4: Major Employers with Commuting Bicyclists' Facilities ...... 45 Bikeway Networks Bikeway 1: Foothill Blvd between Creston and Santa Lucia Rd ............... .............. 18 Bikeway 2: Palm Ave —Mira Vista Rd ---- -- Janice Ave...... ................................................. 19 Bikeway 3: Orange Ave —Fort Baker Dr ........................ ...................... ............................... 20 Bikeway 4: Mary Ave —De Anza College;between Homestead Rd and McClellan Rd .............. 21 Bikeway 5: Stelling Rd between Homestead Rd &Prospect Rd. .................................................. 22 Bikeway 6: Greenleaf Dr —Valley Green Dr— Bandley, Dr ....... ...... ............................... 23 Bikeway 7: Blaney Ave between Homestead Rd & Bollinger. Rd ::................ 24 Bikeway 8: Portal Ave between Merritt Dr & Wilson Park .....' .:............... ............................... 25 Bikeway 9: Miller Ave —Wolfe Rd ............ ......;`.......... ....... .................... ............................... 26 Bikeway 10: Tantau Ave - Barnhart —San Tomas:Aquino Trail .................. ............................... 27 Bikeway 11: Stevens Creek Recreational Trail ..... ............................... ............................... 28 Bikeway 12: Alves Dr— Bandley Dr Lazaneo Dr Forest Ave — Amherst Dr ........................ 29 Bikeway 13: Greenleaf Dr= Mariam Ave Merritt Dr —Portal Ave ............. ............................... 30 Bikeway 14. Rodrigues Ave — Wilson Park — Creekside Park —Phil Ln —Barnhart Ave .......... 31 Bikeway.: `1`5: McClellan Rd Foothill Blvd & De Anza Blvd ........... ............................... 32 Bikew ay. 16: Rainbow Dr between Bubb Rd & Stelling Rd .......................... ............................... 33 Bikeway'17 Stevens Creek Bled —San Antonio County Park ..................... ............................... 34 Bicycle Transportation Plan 4 of 67 28 February 2011 294 1 Executive Summary In December of 1998 the Cupertino City Council unanimously approved a Bicycle Transportation Plan designed to encourage bicycling as a safe, practical and healthy alternative to the use of the family car. The plan stated that "with the growing congestion of the South Bay freeways and the inherent limitations of carpools, vanpools and public transit, commuting to work and /or school by bicycle is a solution of choice for a growing number of Cupertino residents." During the past 12 years Cupertino has witnessed a significant increase in' bicycle use not only for commuting, but for utility and recreational purposes as well, and by citizens of all ages and skill levels. Given ever increasing gasoline prices, growing efforts to reduce heat - trapping gases related to climate change, and Cupertino's commitment to becoming an, outstanding Bicycle Friendly City, this upward trend in bicycle use is projected to accelerate. Also, during those 12 years Cupertino has following major accomplishments: • The Mary Avenue Bicycle Pedestrian Footbridge • Nearly three and one -half miles of Bike Lane desi Road from Grant Avenue across Swallow. Way to • One and one half miles of Bike Route desig Milford Drive, Castine Avenue, Greenleaf f Bandley Drive, Marian Avenue, and Merrt • Two and two tenths miles of Bike Route dek Street and Bollinger Road to De Anza Blvd. • Bike Lane designation along Stelling Road along Prospect.Road to `De "Arita Blvcl increased bicycle usage with the both directions along Homestead Mary Avenue along Lubec Street, on Drive, Valley Green Drive, artal Avenue Stelling Rd. along Erin Way, Kim Road to Prospect Road and • Numerous maintenance accorizplishments such as the new, wider Bollinger bridge across the Calabazas Creek. This updated of our Bicycle Transportation Plan will continue to conform (for additional conformance 'information, see Aopendix A , Plan Conformance to Existing Plans) to the requirements of the Valley Transportation Authority's (VTA's) Bicycle Expenditure Program (BEP) as the fundzng for bicycle related projects proposed by Member Agencies under the Countywide Bicycle Plan. Funding for these projects, including the development of a Cross - County Bicycle Network, is derived from the following: 1996 Measure B sales tax, Transportation of Clean Air, Transportation Development Act Article 3, Transportation Enhancement funds, and Regional Bicycle /Pedestrian Program funds. As project sponsors, Member Agencies are required to provide a minimum 20 percent match to the BEP funding implementation. The projects list is reviewed and re- adopted every three years for project changes and cost adjustments. In addition to VTA funding, Cupertino has the opportunity to compete for annual grants from the California Department of Transportation for the purpose of supporting the development of Cupertino's bicycle transportation system. State sponsored funding from the Bicycle 28 February 2011 5 of 67 Bicycle Transportation Plan 295 Transportation Account, formerly known as the Bicycle Lane Account, will likely be used in the implementation of the Complete Streets Act (Assembly Bill 1358) signed into law by Governor Schwarzenegger in 2009, and scheduled to take effect on i January 2011. 1.1 Recommendations This Bicycle Transportation Plan has been subject to a public review process that has included newspaper noticing, posting on the City of Cupertino's website, public hearings at the Cupertino Bicycle Pedestrian Commission and City Council, and personal distribution to interested parties. Project priorities for the next decade, based on staff and Commission recommendations and public input, address the following bicycling domains: Engineering, Encouragement, Education, and Enforcement. 1.1.1 Engineering Bikeway engineering priorities and estimated costs are listed below in terms of. High, Medium, and Low priority. Of course, as the community desires change, so will the remaining, unimproved bikeway priorities. The bikeway engineering prioz hies should be reviewed'and open to community response more often than every 12`'yearsat least every four years. ! ! 1.1.2 Encouragement "Let's get out and ride" is an expression we would like more of the community to declare. There are many programs that the Commission and the City should support: Bicycle Transportation Plan. 6 of 67 28 February 2011 296 - 4 MA U" ® 8 4 Mary Ave —De Anza College.— McClellan Rd High $10,000 13 Greenleaf Dr— Mariani Ave – Merritt. Dr— Portal Ave High $75,000 8 Portal Rd between Merritt Dr & Wilson Park High $100,000 9 Miller Ave-- -Wolfe Rd High $100,000 5 Stelling Rd between Homestead Rd & Rainbow Dr High $150,000 12 Alves Dr— Bandley Dr— Lazaneo Dr—Forest High $250,000 Ave — Amherst Dr. 14 Rodrigues Ave — Wilson Park — Wintergreen —Cold High $250,000 Harbor Ave— Vicksberg ---8 Estates Dr-- Creekside Park -Phil Ln ;— Barnhart Ave 3 Orange Ave -v Fort Baker Dr : Dr High $300,000 15 McClellan Rd between Foothill `BlVd & ^ De Anza Blvd High $2,400,000 High Priority = $3,635,000 2 Palm Ave —Mica Vista Rd— Janice Ave Medium $10,000 7 Blaney Ave between Homestead Rd & Bollinger Rd Medium $10,000 10 ' Tantau Ave — Barnhart —San Tomas Aquino Trail Medium $25,000 1 Foothill Blvd between Creston and Santa Lucia Rd Medium $50,000 11 Stevens Creek Recreational Trail Medium $1,300,000 Medium Priority = $1,395,000 6 Greenleaf Dr-= :Valley Green Dr— Bandley Dr Low $75,000 16 Rainbow' Dr between Bubb Rd & Stelling Rd Low 1 $100,000 17 Stevens.:: Creek Blvd —San Antonio County Park Low $7,000,000 Low Priority = $7,175,000 Grand Total = $12.205.000 1.1.2 Encouragement "Let's get out and ride" is an expression we would like more of the community to declare. There are many programs that the Commission and the City should support: Bicycle Transportation Plan. 6 of 67 28 February 2011 296 • Active promotion of utilitarian bicycle use for recreation and for bicycle commuting to and from both school and work • Providing an "Employer Resource Kit" to get bike commuting to work started for Cupertino companies • Maintaining a bicycle parking rack inventory and assisting to provide parking racks for bicycle trip destinations. • Supporting linkages from the City's Website, such as to those of both the Mountain View and Sunnyvale Bicycle Commissions' Websites, to provide bicycle education, safety, maps, and news on upcoming events • Encouraging the Sheriff's Department and Cupertino's Code Enforcement personnel to patrol the community by bicycle 1.1.3 Education We should encourage bicycling safety through incre, programs such as • Off -bike programs for pedestrian and bicyeli • On -bike programs for bike - handling skills • Motorists programs for sharing the roadways 1.1.4 (Enforcement We should work closely with the Santa Clara County, Sheriff's Departir ent, from whom Cupertino receives enforcement services, to report and discuss semiannually bicycle - related traffic violations and solutions for reducing such violations. Such :discussion would address, for example, the schedule of fines imposed on moving violations: committed by bicyclists and against bicyclists by motorists. 1.2 Chapter Descr<fptions The following is a summary description of the yarious plan elements. The elements focus on Environment, Engineering, Encouragement, Education, and Enforcement. 1.2.T :::.Environment This chapter describes Cupertino's ideal climate and topography for year -round cycling, its major land use features, and provides data on present and projected bicycle use. 1.2.2 Engin This chapter describes 22:2 miles of existing bikeway network with an additional 12.1 miles of proposed bikeway network on Cupertino's major streets, residential avenues and joint use trails. Each of Cupertino's proposed seventeen bike routes is presented in detail and summary. 1.2.3 Encouragement This chapter describes ways in which bicycling can be encouraged and discusses incentives to encourage bicycle commuting sponsored by both governmental agencies and private industry. 28 February 2011 7 of 67 Bicycle Transportation Plan 297 1.2.4 Education This chapter discusses the challenges posed by cyclists of all ages who lack the basic skills to safely ride a bicycle in traffic, and the various education programs and approaches designed to improve cyclists' safety. 1.2.5 Enforcement This chapter focuses on the importance of increasing the awareness of motorists toward their obligation to share the road with cyclists, and the role of law enforcement officials in citing cyclists who fail to observe the rules of the road. 1.3 Conclusion The full implementation of the Cupertino Bicycle Transportation Plan iAll significantly improve the safety and mobility of Cupertino bicyclists. Increased bicycle use will improve the quality of life of all Cupertino residents due to the resulting reduction in traffic congestiotand neighborhood traffic impacts, carbon emissions, and-improved air quality, as well as pedestrian safety. Recommendations to further Cupertino's progress into a bicycle- friendly city include the following: • As stated in the Cupertino General Plan., give :bicycle projects a priority equal to those that serve the automobile, even if the result is slower automobile trafc: • Pursue funding and inter- agency cooperation in, the development of the bikeway network. • Continue the active involvement of the Commission in the traffic engineering and transportation plannnig decisxoris. that affect the safety of bicyclists on Cupertino's streets and intersections. • Expand and develop new`bievele safety programs to address the issues faced by bicyclists of all ages as well as motoristb • Expand and develop bicycle promotion.programs to encourage and legitimize bicycle transportation for work, school, shopping, errands, and other utilitarian trips. Bicycle Transportation Plan 8 of 67 28 February 2011 W . 2 Environment Cupertino's Bicycle Transportation Plan is committed to improving the bicycle infrastructure within our City to enable and encourage people to bike to work and school, to utilize a bicycle to run errands, and to enjoy the health and environmental benefits that bicycling provides cyclists of every age. Cupertino has an estimated population of 54,000 people as of January 1, 2006. It has a mild climate with daytime highs ranging from 45 degrees in January to 95 degrees in July. It has an annual rainfall of approximately 23.0 inches, little or no rain between Mayand October, and relatively flat terrain. Cupertino has an ideal setting to maximize th.e. Wilization of bicycles for commuting, utility, and recreational purposes. 2.1 Land Use Cupertino's population is housed in a mix of single family higher density apartments and condominiums. There are n opportunities in Cupertino; the top employers in Cupertino sub- section. Cupertino is home to De Anza College, one a community colleges in the country with ' a fall enrollment a has three high schools, three middle schools,: and eight elei sixteen neighborhood and regional parks, and anumber of below. There are adjacent communities to the north'(Sunn. (Saratoga and Los Gatos), to the east (San Jose and Santa ..A Cupertino's land use is family residential subd surrounding residential buildings are located a] Witl sho] De residential neighborhoods, as well as tany'employment and educational are listed below in the Employment f the largest single - campus verage of 22,000 students.' Cupertino nentary:. schools. Cupertino has shopping centers, which are all listed yvale and Los Altos), to the south Tara), and to the west are foothills. ;ntional' suburban medeI. There are numerous single - rimercial and employment centers separated from the College, as well as retail, hotel, office and industrial ortation corridors. The city center areas are mixed use, Y apartments, and family dwellings located over retail t De Anza College. "About De Anza." Retrieved 13 August 2009 from k)tt : / /wvwwv.deanza.edi�about /facts.litnal 28 February 2011 9 of 67 Bicycle Transportation Plan 299 �� E¥ Corio, Inc. (IBM) Courtyard by Marriott Cupertino Inn Cupertino Medical Center Cupertino Union School District Cypress Hotel Durect Corporation Foothill/De Anza Community College District The Forum Retirement Community Fremont Union High School District Hewlett Packard 2.2.3 Schools, High Scho Collins Elementary School Cupertino High School De Anza College Eaton Elementary School Faria Elementary School Garden Gate School Homestead High School Hyde Middle School 2.2.5 Public Buildings City Hall Community Hall Cupertino Library 28 February 2011 Ranch 99 Market Sears Sugar CRM Sunny View Retirement Community Symantec Corporation Target TGI Friday's Trend Micro Verigy Whole Foods ols, and College...` Kennedy Middy Lawson Middle Lincoln Elemen Monta Vista Iii Regnart Elemen Sedgwick Elemi Stevens :Creek E School Monta'Vista Park Portal Park Rancho San Antonio County Park Sterling Barnhart Park Stevens Creek County Park Summerset Park Three Oaks Park Varian Park Wilson Park Cupertino Senior Center Cupertino Sports Center 11 of 67 Bicycle Transportation Plan 301 1: 1 �7 0 fz^ Sul �•�' I[- . - \ L I � l _ 11 I 'A 3 Engineering The bikeway network for the City of Cupertino is comprised of existing bikeways and proposed bikeways. Route descriptions for the proposed bikeways begin with Section 3.4 The Major CUertino Bikeways First, background information on the characteristics of bicyclists, a brief description of the route selection process, and a description of the bicycle route classifications will be discussed. 3.1 Methodology The primary considerations in developing the bikeway network are to''serve `all the existing and potential users, to improve safety and to serve all attractors and generators with direct, non circuitous routes. Opportunities and constraints for routes selection weredetermined via extensive field reviews, analysis of existing bikeway locations, and other sources such as aerial photographs, collision histories, review of existing planning documents, input from area bicyclists, and analysis of attractor and generator locations. 3.1.1 Type of Bicyclists In developing a bikeway network, the primary objective needs of all types of bicyclists. There are many types of and willingness to ride in traffic. These range from the e adult cyclist to the child cyclist. There are many, gradatic confidence and just as many opinions as to What makes a experienced cyclists avoid separate bike paths": cyclists will ride in bike lanes Ohly...,if parallel residential Children also have special needs: 3.1.2 Trans Dortatron'versus Recreation :engineer one that will serve the yclists with varying levels of skill , rienced. adult cyclist to the casual of cycling competency and seal bike route. For example,. some khare`the roads with cars. Other Js are unavailable. The bikeways of the Cupertino Bicycle Transportation Plan do not distinguish between routes used primarily for transportation and those used for recreation, since many routes are used both for commuting and for other transportation purposes. It is acknowledged that some routes may be more often used for transportation than recreation or vice versa. This is accounted for in the prioritization criteria discussed below in Section 3.6 Bikeway Prioritization. It is also acknowledged that some funding sources are exclusively for transportation bicycle facilities. The recreational trails included in this plan will provide a completely separate right of way for the exclusive use of bicyclists and pedestrians. Bicyclists will need to observe reduced speed 28 February 2011 13 of 67 Bicycle Transportation Plan 303 limits to avoid colliding with walkers, joggers, and those on roller - blades. These trails provide improved commuting access to places of employment as well as an enjoyable source of family - oriented recreational activity. City engineers and planners, in charge of the design and construction of the trail system are strongly encouraged to consult with the Commission during the planning phase of these projects. 3.2 Bicycle Technical Guidelines The Santa Clara Valley Transportation Authority's Bicycle Technical Guidelines (BTG) present standards and guidance for planning, designing, operating, retrofitting and maintaining roadways and bikeways. They are intended to improve the quality or bicycle accommodation and to ensure countywide consistency in the design and construction of not only bicycle projects but all roadways. Bicycles are permitted on every roadway in California accommodation for bicycle and pedestrian access. Mc intended to aid Cupertino in providing a high quality.4 facilitates and encourages the use of bicycles as an roll The BTG draw from state and federal design manuals, burden on member agencies. The BTG also highlights in order to share information among peerg.. and to foster 3.2.1 Traffic Signal Detection Bike loop - detectors should be maintained to sense the p. Poorly maintained detectors lead. bicyclists to utilize pec inconveniences bicyclists and causes additional delay at creates safety issues. bicycle bridges without ;lines are y to present an additional s used by member agencies throughout the county. ,yelists at traffic signals. buttons, which , or run lights, which 3.3 Bikeway Classifications Chapter 1004 of the Caltrans Highway Design Manual describes three types of bicycle facilities: The Class IBike Path, the Class II.Bike Lane, and the Class III Route. • Class Bike Paths provide a completely separated right of way for the exclusive use of bicycles and pedestrians with cross -flow minimized. • Class H Bike Lanes provide a striped lane for one -way bike travel on a street or highway. The bike lane is for the exclusive use of bicycles with certain exceptions: for instance, right turning vehicles trust merge into the lane prior to turning, and pedestrians are allowed to use the bike lane wheii there is no adjacent sidewalk. G ® Class IH Bike Route provides for shared use with pedestrian or motor vehicle traffic and continuity,among bikeways. In the American Association of State Highways and Transportation Officials' Guide for the Development of Bicycle Facilities, Class III is called a Designated Shared Roadway rather than a Bike Route. Class HI has traditionally been used to designate anything from low volume residential roads that have no need for bike lanes to arterials with heavy traffic volumes where widening to provide bike lanes would be infeasible. Bicycle Transportation Plan 14 of 67 28 February 2011 304 In order to eliminate the resulting confusion over what a Class III route means, this plan subdivides Class III into two categories in order to more precisely describe the features of the bike route: the Class IIIA Shared Roadway and Class IIIB Bicycle Boulevards. This also helps to differentiate the various types of bicycle improvements envisioned for each roadway. o Class IIIA Shared Roadway is used where bike lanes or wide shoulders are not feasible due to right-of-way or topographical constraints. Bike lanes should be considered in any long -term reconstruction or redevelopment plans of the adjacent properties where a new roadway cross - section is possible. o Class IUB Bicycle Boulevards, now formally recognized are residential streets with low traffic volume where bicycle traffic is given the right-of-way wherever feasible. Additional detail regarding bikeway classification is availab 2 Santa Clara Valley Transportation Authority. (13 December 2007). Bicycle Technical Guidelines: A Guide for Local Agencies in Santa Clara County. Chapter 5, Section 8.2. 28 February 2011 15 of 67 Bicycle Transportation Plan 305 �� ,.��. ��,.� `.� 3'� ;e ^o .� W. M P- 307 1 49 O. F ..... nay. 7� I ! c' M T , yN I 2 k71 1 091 e", M-M (AW. AdM- tr-' mm I " *1 � � � \�\ \� \� ^� J2: �� 2« � \ � � � . � d� : , r Nfi k AL-7 6 W III . jffi - m E 1 0 _. of 11 room w ia i r a � k f- .� oil a Iii F -011 11 Aix ,. 1� A1=� GwgF �� . �.- k �. �- y �. �� .$ :� �� 9 �� - , 0 M 4_6 s IT T c ki jik I P; :- -'�; 0 si w .i v - . . r ill I wimp MI G MGM 6 TI i V 9 i �� - _ . ' -- i =� " 1�; �� s -.... - .J N ,. .& �n ��. i ` j ..__�,� ,f i . � I �� i ,� i I � r? �A .'' .. _ - _ __ __ _ r � :a d ,9 i i .C. i Ad wl .......... - V�m l . . . . . . . . . . Y II �I I 3,5 Bikeway Impiementation This section presents the implementation plan for the bikeway network for the City of Cupertino, It describes the components of implementation including general cost estimates, the prioritization criteria, identification of likely funding sources, and the ways the projects will become reality. 3.5.9 Process The actual implementation of this plan will occur incrementally in a projects will be incorporated into the Capital Improvement Program implemented as the CIP projects get funded. Other projects can be. maintenance and resurfacing operations. Development and redevele Cupertino will present the opportunity to implement some It is important, as part of these processes, to incorporate tb Bicycle Technical Guidelines into the City of CupertinaN construction standards so that we are assured of compl an( projects. Finally, outside funding can be obtained to finan projects, improvements, and programs. The most likely ft section of this chapter. 3.5.2 Cost Estimates of ways. Many )rocess and will be rated into regular in some areas of .dations of this plan. of the VTA's ir ordinances aid Public Works consistency in all future .design and construction of sources are addressed in the last The cost to implement the projects presented in` "Recommended Bikeway Network" was developed in conjunction with City staff. It should bexecognized that unit costs vary considerably depending on the size of the job anal the location For example, the unit cost of striping only 1000 linear feet can easily cost two to three times that of a 15,000 -foot project. Pavement widening costs also vary considerably depending on the terrain and other variables such as presence of utility poles, drainage ditches, and.. Costs for materials can fluctuate considerably due to the imp act of,global, markets. The cost estimate for each route segment, as well as the total... summarized in the table below'in Topic 3.6.2 Bikeway Priority 3.5.3 Route Prioritization Criteria Before any projects identified in this plan can be implemented, they must be prioritized. An objective set o£ criteria is essential to avoid controversy among various project proponents as well as to efficiently respond to funding applications. The prioritization criteria presented below were derived from criteria specified by various funding sources as well as knowledge of bicycle planning obtained from previous studies. The criteria used in three common funding sources are presented below as background information to the presentation of the prioritization criteria used in this study: • Bicycle Transportation Account • Transportation Development Act Article 3 • Proposition 116 3.5.3.1 Bicycle Transportation Account Will the project be used mostly by bicycle commuters? Does the project have the potential to increase bicycle commuting? Is the project the best alternative for this situation? Will the project 28 February 2011 35 of 67 Bicycle Transportation Plan 325 improve continuity with existing bikeways? Will the project provide a direct route to activity centers? Is the project consistent with the City's Bicycle Transportation Plan? 3.5.3.2 Transportation Development Act Article 3 The Metropolitan Transportation Commission (MTC) processes each county's applications but gives great leeway to each county to prioritize its own projects. Thus, MTC does not apply criteria directly to the projects. However, its application sheet identifies the following evaluation criteria: • Elimination of problem areas • Access to or bicycle parking in high activity areas • Bicycle /transit or pedestrian/transit use • Continuity of longer routes • Local support 3.5.3.3 Proposition 116 Many bikeway proj ects throughout the state were funded using Proposition 116 funds. Although Proposition 116 funds have all been allocated, the criteria used to allocate these funds were: • Need, with three subcategories: solves problem areas, servesbicycle commuters and best alternative • Convenience, with four subcategories: removes obstacles /gaps, direct route to activity centers, links activity centers, promotes intermodal trips • Safety, with three subcategories: eliminates hazards, improves personal safety of bicycle commuters, reduces theft • Funding Considerations,. with three subcategories-.. comparative costs, other funding sources, and ongoing financial support • Support, with two'subcategories: letters of support and public participation • Safety • Connectivity • Commuter Transportation Trips • Local Support Bicycle Transportation Plan 36 of 67 28 February 2011 326 3.6.1.1 Safety Projects that directly or indirectly improve a safety problem or obstacle including railroad tracks, drainage grates, inconsistent shoulder widths, streets with limited sight distance, etc. shall have priority. Other rationale considered is the following: • Routes with high vehicle volumes or high speed have greater potential safety conflicts and thus should have higher priority. • Routes or locations with high accident history (such as bike -motor vehicle, single bike, bike -bike, or bike- pedestrian) should have priority. • Routes with narrow lanes or shoulders for bicycles to ride have greater potential safety conflicts and thus should have priority. 3.6.1.2 Connectivity Connectivity is important and projects that enable direct travel and that serve the; most numbers of bicyclists are rated higher than others. Routes that provide access to mayor activity centers facilitating the use of the bicycle for transportation should be ranked higher. Connectivity does the following: • Closes gaps between two streets or otherwise reduces or eliminates circuitous travel • Facilitates commuter and utilitarian: trins 28 February 2011 37 of 67 Bicycle Transportation Plan 327 3.6.2 Bikeway Priority 1 Foothill Blvd between Creston and Santa Lucia Rd 2 Palm Ave —Mira Vista Rd— Janice Ave 3 Orange Ave —Fort Baker Dr— Hyannisport Dr 4 Mary Ave —De Anza College — McClellan Rd 5 Stelling Rd between Homestead Rd & Rainbow Dr 6 Greenleaf Dr— Valley Green Dr— Bandley Dr 7 Blaney Ave between Homestead Rd & Bollinger Rd 8 Portal Rd between Merritt Dr & Wilson Park 9 Miller Ave —Wolfe Rd 10 Tantau Ave—Barnhart—San Tomas Aquino Trail 11 Stevens Creek Recreational Trail 12 Alves Dr— Bandley Dr— Lazaneo Dr— Forest Ave — Amherst Dr 13 Greenleaf Dr— Manani Ave — Merritt Dr "Portal Ave 14 Rodrigues Ave — Wilson Park... intergreen —Cold Harbor Ave — Vicksberg —E Estates Dr— Creekside Park —Phil Ln — Barnhart Ave 15 McClellan Rd between Foothill Blvd & De Anza "Blvd 16 Rainbow Dr between. Bubb Rd & Stelling,Rd 17 Stevens Creek Blvd —San Antonio Count =Park Bicycle Transportation Plan 38 of 67 Medium Medium High High High Low Medium High High Medium Medium High Low Low 28 February 2011 328 With the growing densification of Silicon Valley, and its dependence on automobile use as a primary source of transportation, cities and towns throughout the valley are seeking solutions to a looming transportation crisis. Transportation Demand Management (TDM) programs have been implemented by state and local governments and private industry to encourage carpools, vanpools, train, bus and light rail transit. But, at the end of the day, traffic congestion reigns supreme owing to the abundance of single occupant vehicles. Bicycle commuting is an underutilized opportunity and is often overlooked for attaining significant reductions in traffic congestion. The use of a bicycle for commuting, utility, and recreational since the dawn of the 10 -speed revolution in the early 1970s. was followed by the development of rugged off-road bikesat triggered enthusiasm for long distance cycling, mountain bik recreational riding. The bike rage likewise spawned the form regional bicycle coalitions and the rebirth of the League; of A established in 1880 and now known as the League of Americ Bicycling for commuting and utility pi Francisco Bay Area in recent years, wi Stations to support and applaud the coi Caltrain, BART, and local transit has r commuters. Likewise, the signing and bike detection devices at signaled inter cyclists and motorists to share the'road cross - country bicycle corridors, ar d 4h yes. has steadily increased initial eagerness for road bikes it weialtroad bikes that road racing bicycle touring and n of local bicycle clubs, ican Wheelmen that was )ses has gained a good deal of publicity in the San vents such as Bike to Work Day that feature Energizer utmg cyclists. Demand for improved access to lted.. in positive changes for multimodal bicycle inirtu of bike lines and routes. and the installation of the readiness of both efforts to link local bikeways into a system of of VTA's Bicycle Technical Guidelines in the design and constructrokof bicycle related projects; s also encouraging bicycle use. 4.1 City. - Sponsored Programs The City of Cupertino has set an example by promoting utilitarian bicycle use among its own employees: A program of providing a City employee bicycle pool, similar to a pool of city motor vehicles, is currently'being implemented. The City offers a short bicycle safety course to employees before they can participate in the program. In addition, the City should consider encouraging cbm,m. uting bicyclists to form or join a local bicycle club. Additional bicycling encouragement could be supported through the following events or activities: • Big Bunny Ride ® Free Basic Bike Repairs • Bike Festival e "Green" or "Earth Day" • Bike Races • Healthy Living • Fitness Themes • Safety Classes 8 Victoria Transport Policy Institute (26 October 2009). TDM Encyclopedia "Commute Trip Reduction (CTR)." Retrieved 15 November 2009 from http:/ /tiv%N 28 February 2011 39 of 67 Bicycle Transportation Plan 329 4.2 Bicycle Commuting Programs According to the 2000 Census 0.6% of Cupertino residents bicycle to work. Countywide 1.2% of the residents bike to work, which is slightly higher than the Bay Area average of 1.1 %. The Santa Clara County bike commute modal split is skewed by the presence of Stanford University. Stanford University has an extremely high bike commute rate of 42.4 %, which influences the adjacent City of Palo Alto with a bicycle commute rate of 5.6 %. Excluding these two locations, the county average would be 0.8 %. Therefore, Cupertino is a fairly typical Santa Clara County suburb". The bike commute rate is affected by a number of external factors including`the presence and quality of bicycle facilities and roads in general, the number of households with access to a motor vehicle, and the distance residents live from their work. With ft. implementation of the bikeways, facilities, and improvements provided within the past 10 years, it. is estimated that the bicycle commute share for Cupertino could double from the 2000 census with the 2010 census figure. A Cupertino study of 2007 bicycle commuting along both Stelling Road and Foothill Expessway at 1 -280 reported 580 trips or 290 bicycle commuters.(a person who commutes by bicycle, especially between home and work or school) between 7 a..ru. and 6:45 p.m. The VTA reports that bicycling commuting 13 has grown by a 9.8 percent Annual. Growth Rate since 2007. As a result, we might expect that there are now approximately 350 bicycle commuters traveling daily across I -280 and, given implementation of the proposed bikeways in this Plan, it is expected that this trend will continue citywide. Further bicycle countin along Stelling Road, Foothill Expressway, and along all major corridors thtoughout Cupertino is recommended to establish a baseline and confirm trends in bicycle commuting.' Promotional programs: encouragingMcycle commuting are sponsored by a broad cross - section of employers, ranging from business acid industry to schools, universities, and local governments. The most successful programs result from..collaboration between the public and private sectors. The specifies of each,prograin differ based on the potential audience, but experience has shown that an effective Bicycle Promotron:.Program must include the following elements: ® Identification of the many benefi ts of bicycle commuting Incentives to reward the use of a bicycle as a commuting vehicle Recognition, and support from the program's sponsor for each individual who commutes by bicycle 9 City of Cupertino. Facts & Figures Retrieved 16 November 2009 from littp://v, 10 Metropolitan Transit Commission Bicycles/Pedestrian Regional Planning Retrieved 16 November 2009 from bttp: / /www. mtc. ea. gov /Planning /bicyotespedestri ans /region al.htnl 1 Association of Bay Area Governments Bay Area Census Retrieved 16 November 2009 from http: / /www. baya re,icensus. ca. gov /transp ortation. htm #commuting 12 Traffic Data Services. (17 September 2007). Foothill EU and Stelling Road Bicycle Trips. 13 Santa Clara County VTA. 2007, 2008, and 2009 VTA Monitorin & Conformance Reports. Bicycle Transportation Plan 40 of 67 28 February 2011 330 4.2.1 Bicycle Commuting Campaigns To help bicycling become a more common option as a means of alternative transportation, the availability, feasibility, and benefits of bicycle commuting must be known. Many people are unaware of the opportunities that bicycle commuting can provide. An extensive advertising campaign must be developed to get the message out. The actual components of this campaign will depend upon what group is being targeted; that is, employers, city officials, city employees, students, or the general public. A campaign will be most successful if it is tailored to a specific group, and can address both the questions and doubts of that group. This campaign should include information about monetary, bicycle commuting. It should also address and attempt to di to bike commuting. Many of the TDM programs currently i events, and workshops to educate potential bicycle commut on what kind of bicycle and other equipment is needed, whe located, where bike shops are located, and the available tran maps, safety information, effective - cycling pamphlets .and fl be distributed in employee paycheck envelopes or mailed wi population of a city, county, or region. Some of the existing programs go even further w These networks can be used by the potential. bicy routes are for their personal needs, to locate expe willing to advise and escort them during their firs and activities are coming up The Bay Area's M+ provides this service for potential bicycle comma on bridges and transit throughout the area. Togel (SVBC), MTC is the sponsor..ing agency for Bike each year, in Santa Clara County. ``Wbrmational provide a 1 and health benefits of the perceived obstacles affect use newsletters, special Information should be included safe and secure bicycle parking is access options Bi'eycle route rs of upcoming bicycle events can utility bills to reach the tcyclists information network. to learn what the best commute ced bicycle commuters in their area who are cycle commutes, and to find out what events nolitan Transportation Commission (MTC) including information about bicycle access with the Silicon Valley Bicycle Coalition Nork Day, which is held in raid -May of sites are available Many people 'are unaware of the opportunities'that are available today to combine transit with the bicycle cotrmute. Santa Clara County, transit buses have front - loading bicycle racks, and both Caltrain and VTA Light Rail have special racks or compartments for carrying bikes. Many Caltrain and BART Stations.have bicycle lockers available for rent. In addition, the VTA has smart e- lockers at 12 of its light -rail stations, which are compatible with those located at several BART stations 4.2.2 Incentides't© Use Bicycle Commuting Many of the existing TDM programs use monetary or other incentives to lure the prospective participant out of their single- occupant - vehicle and into a carpool or transit. Many TDM programs include similar incentives for bicycle commuting, but these can often be expanded using the existing transit and carpool incentives as a guideline. The most effective incentives for bicycle commuting currently include the following: 14 Metropolitan Transit Commission Website at hgp: / /Xvww.51 I QM and the SVBC Website at httt): / /wtvw.b ikes ili toms] [ ey. o1 28 February 2011 41 of 67 Bicycle Transportation Plan 331 Boltage: Two schools in Cupertino participate in the Boltage program, which is an incentive to encourage children to bike or walk to school. The program incorporates a machine called the Zap, which is a solar powered, wife internet enabled Radio Frequency Identification (RFID) reader. Children get a RFID tag that attaches to their school backpack, and the Zap reads their unique number when they go past it at the school. The Zap makes a sound and flashes a light that indicates a biking or walking child has been counted. Subsequently the Zap connects to the internet, and uploads its daily counts. Each child and school has an account on a Website that collects each h participating child's trips, and the school can run reports to support their incentive programs. Bicycle Infrastructure: Good bicycle routes providing access to the locations frequented by the bicycle commuter are critical to an encouragement program. Bicycle;;route maps and identifiable route signs are necessary to guide the bicycle commuter new to the area.,, .Obviously, developing a bicycle route network to serve its employees is beyond the ability of the company to provide, and must be accomplished by local city and county governments. However.. can lobby the local agencies for improvements to bicycle access for its employees or;institute an "Adopt -a- Lane" program to construct, maintain or beautify bicycle facilities to thearea'. Interest and support by the business community in the bicycle as. transportation will serve to increase the interest and support of local governments and potential bike commuters. Parking: The provision of secure, protected, convenient and vexpensive bicycle parking is crucial to the success of bicycle commuting promotion. f6 Suit abI bicycle parking can be provided with bicycle lockers, bicycle storage rooms, locked cages, and "attendant parking. Allowing bicycles into the workplace is the Icast costly 'for the employer to provide. However, space is not always available in the workplace for the parking of bicycles, and often bicycles are not allowed into the buildmg;itself It may be necessary for the employer and employees to work with building owners /operators to negotiate for permission to bring bicycles inside or for a suitable bicycle storage room. A number of communities have modified their parking ordinances to include requirements for bicycle parking and/or showers and locker rooms. This normally is applicable to requests for hew building permits Cash Incentives Sever al. varieties of cash incentives to the employee to encourage the bike commute l were found in thus res ear ch.:As part of many TDM programs, a subsidy is given to employees,ho use transit or other alternative commute modes. Several companies have also made this 0. . ash dividend available to bicycle commuters for each day that they commute by bicycle. 17 Discounts or credits at bicycle stores and/or company stores and cafeterias are another means for providing an incentive to employees for their bike commute. 18 The City of Palo Alto 15 Boltage. "Technology "Retrieved 4 December 2010 from bttp: / /www.boltage.org is At Hewlett - Packard in Silicon Valley, over 140 bicycle lockers have been in high demand since they were installed; there is currently a waiting list for their use. At Adobe Systems in Mountain View, bicycle parking is available in certain stairwell areas. Parking is controlled by a formal posted policy approved by Adobe's Facilities and Security Departments and the city's fire department. These parking areas are kept organized with bicycle floor stands like those used for bike display in bike shops. Sun Microsystems, Palo Alto, and Walker, Richer & Quinn, hie. of Seattle both have secure bike storage rooms with card -key access. i7 Alza Corporation (Palo Alto), Cities of Menlo Park and Palo Alto, Apple Computer and General Electric (San Jose) employees are reimbursed $l /day for each day they bike commute. 18 Stanford University provides a yearly S70 voucher to any employee who does not buy a yearly parking permit good for bike services at the campus bike shop or for daily parking fees. The City of Palo Alto distributes monthly $20 vouchers for three local bike shops to any commuter who bikes 60% of the time. Fleetwood Enterprises in Bicycle Transportation Plan 42 of 67 28 February 2011 332 provides $20 per month (taxable income) to eligible employees who ride a bicycle to work. Companies have been very creative in their attempts to lure employees out of their cars. In some of these programs, companies provide company bikes for a trial commute by their employees. Other companies assist the employee in the purchase of a bicycle. This latter program as taken many forms, including reimbursing the employee for the purchase after commuting for a period of time, providing financing for a new bike, or offering an easy payroll deduction plan. Other possible encouragements might include paying employees for their bicycle commute time in excess of the time spent in the auto commute or giving bicycle commuters 15 minutes of additional vacation time for each day that they bike commute. A parking cash -out program is another opportunity to provide a cash incentive to employees while perhaps reducing costs to the employers. Under this program; the employee is able to "cash -out" their parking privileges and receive the cash - equivalent or transit pass equivalent of the parking spot. Employers who lease parking spaces for their;employees can reduce the number of spaces they require and pass this savings on to their employees "while promoting commute alternatives. Convenience Incentives: One of the primary obstacles transitand bicycle commuting is the perceived inconvenience factor. TDM programs have' addressed this concern with the Guaranteed Ride Home. In the event of sickness, family emergency, or even inclement weather, the bicycle commuter is provided with ataxi voucher or other means for a ride home. This is a small price to pay for the peace of mind of the employee and the increase in number of bicycle commuters. Many cities and companies provide fleet, bicycles for employee use during business hours. Shuttles between company facilities have also been._ improved'' to include bike racks. Fleet bikes are often also available for the employeeto use for their commute on a trial basis as discussed above. Other convenience incentives are on; -site bicycle'repair kits for flat tire and broken chain emergencies, on -call `repair. services with a local bike shop, flex hours so the employee can avoid rush hour or darkness, showers and locker rooms for clean -up and changing after the commute, closet space for storage of clean clothes and relaxed dress codes for bicycle commuters. 21 4.2.3 Support and Applaud Bicycle Commuting Endorsement of bicycle commuting by those in charge is a significant aspect of a promotion program Prospective bicycle commuters are more apt to try out this underutilized mode if it is acceptable to the supervisors, elected officials and peers. Organized and advertised rides such as "Bike or Walk to School Day' "Ride with the CEO," or "Ride with the Mayor" clearly Riverside gives its regular bike commuters a safety package including helmet, reflective vest, and headlamp. The University of California at bavis gives regular bike commuters discount bus coupons for non -pedal days. NIKE in Beaverton, Oregon, gives employees a $1 credit at company store and cafeteria for each bike commute day. 19 City of Palo Alto and Fleetwood Enterprises (Riverside) offer company -owned bikes for trial bike commutes. Fleetwood Enterprises and Rockwell international (Southern California) go even further by subsidizing the purchase of a new bike and helmet. 20. We were not able to find a cash -out program currently being used. Stanford University is evaluating the possibility of a cash -out program in the future. 21 Hewlett Packard has bike repair stations on site. Silicon Graphics provides bike repair service from a mobile provider. E University of North Carolina Highway Safety Research Center. "National Center for Safe Routes to School" Retrieved 15 November 2004 from l)ttp : / /www,walktoschool.orv/ 28 February 2011 43 of 67 Bicycle Transportation flan 333 Although Cupertino has neither Amtrak, Caltrain, nor light -rail service within its boundary, bicycle transport to employers, Caltrain, and light -rail is available from transit centers using the following VTA Bus Routes that originate, pass though, or terminate in Cupertino: 23 DeAnza College to Alum Rock Transit Center via Stevens Creek 25 DcAnza College to Alum Rock Transit Center via Valley Medical Center 26 Sunnyvale /Lockheed Martin Transit Center- Eastridge Transit Center 51 De Anza College to Moffett Field/Ames Center 53 West Valley College to Sunnyvale Transit Center 54 De Anza College to Sunnyvale /Lockheed Martin Transit Center 55 De Anza College to Great America 81 Weekday Vallco Shopping Center to San Jose State University Sat/Sun Vallco Shopping Center to Santa Clara Transit Center 101 182 The following is a list of some Cupertino employers Ravi commuters. Bicycle facilities include bike racks for ou s bicycles, employee showers, and lockers for employees t Highway 85 to Palo Alto IBM/Baily.: Avenue e facilities for their bike parking, lockers ' for storing and store clothing. Apple Yes Yes. Yes Yes Chordiant Software Inc Yes Yes Yes Hewlett- Packart Yes Yes Trend Micro Inc Yes Yes Sugar CRM Yes Yes Yes BYS Restaurant &Brewery Yes Yes Target Y.es . Yes Whole Food Market Yes Yes N u metri cs . Yes Yes Elephant Bar Restaurant Yes Figure 4: Major Employers with Commuting Bicyclists' Facilities The person leading a bike - commuting effort should be a member of City staff, preferably the Employee Transportation Coordinator or Bicycle Coordinator. A most imperative element to the success of this program is to have the support of key City officials. The City needs to continue to demonstrate its enthusiasm and support of bicycle commuting. Every department must have a 28 February 2011 45 of 67 Bicycle Transportation Plan 335 green light to prioritize bicycle commuting as a viable solution to traffic and parking problems. A commitment from Cupertino to improve safety conditions; for example, provide bike routes, remove traffic obstacles, and prosecute both motor vehicle and bicycle traffic offenders, and to provide secure parking is crucial to this endorsement. It is also important that the public see that both Cupertino and city employees take the lead in demonstrating the positive aspects of bicycle commuting by doing it themselves. Initially, a bicycle promotion program should be targeted at the largest employers within Cupertino while also participating and serving as a role model. The bicycle promotion program can be incorporated into an existing TDM program especially for companies with over 100 employees, which are mandated by some state laws to have a TDM program to promote alternative modes of transportation. To achieve the greatest response possible, it is imperative to Cupertino and each company to support and participate in bi Transportation Coordinator (ETC) at each company will be 1 commuting a success, since they are the individuals. designat commute alternatives. The ETC will be able to' mplement c bicycle events and other tactical program elements of the bic human resources or benefits manager is another good source and information and may serve as the program leader for tho Involving the CEO or President, Mayor, and City Council w gain immediate attention throughout the organization.. The following topics serve as supporting commuting program: • Employer R • Commuting key decision- makers at le commuting. The Employee key person in making bicycle at their comnames to promote flings, on -site rofran. The distributing promotion materials ompanies without an ETC. At the pace for the program and a successful bicycling Bicycle Education and Safety The "Cupertino Bicycle Safety Week" • White Bike Program • Worksite Improvements • Bicycle Hotline • Incentive Programs • Media Camnaismc 4.3.7 Employer Resource Kit An example of an.Employer Resource Kit should be prepared by the City of Cupertino to assist companies in shapng their bicycle promotion programs. The information kit should include: • Text for a letter from the CEO or President explaining the purpose of the outreach campaign that urges employees` to consider the bicycle when making commute choices. The eompany can use the text, fill in the correct name, and distribute at the program's kick -off. • Articles about bicycling as a great commute alternative. These stories can be used in company newsletters, as well as all -staff memos, bulletin board fliers or any other outreach method in place at the company, • A list of programs and events for use in the company's program. The list will provide details of existing events as well as new programs that could be implemented. City - sponsored events should be included in this list. Bicycle Transportation Plan 46 of 67 28 February 2011 336 • A resource list detailing sample bicycle promotion programs, resource centers for bicycle promotion assistance, and local bicycle coalitions. This list will be invaluable for the companies that may not be aware of the benefits of bicycle commuting. • Route maps showing the best bike commute routes in Cupertino to be distributed and posted. • Bicycle Safety and Road Sharing Brochures developed through the education program discussed in "Bicycle Education and Safety." • A list of Local Bicycle Stores for employees to find the correct equipment for their bicycle commutes. 4.3.2 Commuting Events and Activities Special events to highlight efforts to promote bicycle c program and provide an opportunity to educate bicycle employees to consider bicycle commuting and put pote commute by bike. 4.3.3 White Bike Program This program involves distributing a fleet of bicycles around simply find a bicycle, ride it to their destination, and leave it 4.3.4 Bicycle Hotline vill`helg direct attention to the Events-will motivate in touch with.neers who community. Potential users someone else to use. A telephone number, the City's Website, or aii email hotlme;for reporting potholes, missing bikeway signs or other bicycle related hazards could be provided. Such a system could also be expanded to provide bicycle safety; maps, and news on upcoming events such as those of both Mountain View and Sunnvvale 4.3.5 Media Campaigns Television, radio public service announcements, and the internet can help reach a broad audience that highlight local bicycling newsand upcoming cycling events. 4.3.6 Bicycle Education and Safety Discussions and demonstrations can be held during the lunch hour at companies, schools, and elsewhere to address. "how to" issues and safety concerns. Speakers and instructors can be coordinated through the Silicon Valley Bicycle Coalition or the Commission. 4.3.7 The "Cupertino Bicycle Safety Week" This weeklong event can promote the benefits of bicycling to a wide audience and for the full range of trip purposes; for example, commuting, recreation, or running errands. Programs in the 23 City of Mountain View - Bicycle/Pedestrian Advisory Committee. Bicycling in Mountain View Retrieved 11 November 2009 from http: /hvww.niouiitainview.s4ov /services /leans about our ® city /bicycling in mountain view.asp 24 Sunnyvale Bicycle and Pedestrian Advisory Commission. Bicycling in Sunnyvale Retrieved 11 November 2009 from bttp: / /su inyyale.ca.�ov /City +Cotincil / Boards +aor issionsBicycle +and+PED/ 28 February 2011 47 of 67 Bicycle Transportation Plan 337 schools can be coordinated as part of the program. This event can culminate in the "Bicycle Commute in Cupertino Ride ", one evening bringing together all the participants. This event is a perfect opportunity for folks who haven't been on a bicycle in years to rediscover the joy of riding. This ride is not intended as a race, but as an opportunity for the participating "bicycle - commute teams" to compete against each other to see who will have the highest number of riders. The winning teams can be awarded a trophy and discount coupon to a bicycle store. The goal is for each participant to have a fun, non work - related event combined with an enjoyable bicycle experience. As a result, some of the participants might consider bicycling as a viable commute alternative. To maintain interest and attention on bike commuting after the `Bicycle Safety Week" is over; a monthly or quarterly City ride should be organized. These rides would be supervised and designed with clear safety guidelines and a pre - determined route. Or'a Bike Day can be instituted on the third Thursday of every month on which everyone is encouraged to only ride his or her bike. 4.3.8 Worksite Improvements Companies that currently don't have a suitable park - and' -lock area for bicycles should be encouraged to identify and designate such an area. Employees will be more likely to ride their bicycles to work if they have a safe space to park. 4.3.9 Incentive Programs A growing number of companies across the promote bicycle commuting, In October 200 which was included in the O>ama:administra tax credit of $20 per Month per companies are pressing forwarc food company Cliff Bar in Berl bike if the employee pledges !to process of writing the particula spur a significant increase in bi regional programs de er in this chanter, but encourage • Bike purchase • Cash dividend • Credit of work offer act e offering incentives to their employees to egress passed the Bicycle Commuters Act, bailout plan. The act will give companies a beginning in January 2009. Many ling commuting. One such company is the .ch "employee $500 to either buy or repair a mum of twice a month. The IRS is in the tax code, which upon publication is likely to .ed to encourage and reward bicycle commuting were summarized here as a reminder of the many ways to vacation time • Discount coupons or credit at bike store, company stores, and cafeterias • Fleet bicycles for day -use or bike- commuting • Flexible work hours • Guaranteed ride home • Mileage reimbursement for company business travel by bike • Monthly drawings for cash or prizes • Relaxed dress codes • Repair kits /on -call repair services • Showers and clothing lockers on -site or at a nearby health club 25 The National Center for Bicycling & Walking. The Bic cle Commuter Act of 2008. Retrieved 18 Auguest 2009" from http: //ivww.bike alk, .ora /bea.plav Bicycle Transportation Plan 48 of 67 28 February 2011 338 4.4 Types of Bicycle Parking Demand and Facilities To provide appropriate bicycle parking, the type of parking demand must be matched with an appropriate bike parking facility. Bicycle parking demand falls into three general categories: + Short -term of 2 hours or less Long -term of 2 hours to full day Overnight of one night to two weeks or more Bicycle parking facilities also fall into three general categories: Class I Facilities are intended for long -term parking and its individual components and accessories from theft. Th from inclement weather, including wind- driven rain + Class I1 Facilities are intended for short -term user can lock the frame and both wheels with accept a U- shaped lock. + Class III Facilities are intended for short -term parking user can lock the frame and both wheels with a user -pro sheltered from rain, if possible. Further detail about bicycle parking facilities is available in 4.5 Matching Demand with Facility Type to protect the entire bicycle or acility also protects the cycle a stationary object to which the J lock. A Class Il,facility must a stationary object which the 1 cable or chain and lock, Appropriate type of parking facility ;Short -term parking demand can be accommodated by properly designed and located bicycle rack's. Racks should at a minimum be able to support the weight of the, bike by its frame: (not just its wheel) and at least one wheel and the frame should be able to be locked to the rack with a U -type lock or chain and padlock. In addition, wherever possible, providing bike racks inside of buildings, space permitting, is an easy way to dramatically increase the security of the parked bicycles. 4::5.2 Long -term Parking Typical Situation: Long -term parking is used typically by commuters and employees. Racks are notoriously inadequate because bikes parked for long periods are subject to theft, especially of their components, as well as to vandalism and wear and corrosion from inclement weather. Appropriate type of parking facility: Employee or commuter bike parking needs are best met by either supplying bike racks in a sheltered supervised location, such as parking garage with an attendant, in a locked room, nook, or cranny inside the building, or by bike lockers. 28 February 2011 49 of 67 Bicycle Transportation Plan 339 Each of these methods has advantages and disadvantages. For example, bicycle lockers in most typical applications are reserved in advance, usually by a key deposit and a monthly fee. Although many bike commuters are willing and able to reserve in advance and pay the fee to guarantee that they will have a safe and secure parking space, many are not able to do so due to shortage of space. Also, this rental system does not serve the occasional commuter or one who cannot, for whatever reason, pay to reserve in advance. 4.5.3 Overnight Parking Typical Situation: There are a few destinations where overnight bike 1 difference in whether a trip is made by bicycle. Typical examples are Stations. Although Cupertino has neither an airport nor a train station locations that might attract bicycle parking demand of one day; or mor addressed as needed such as the future transit center at Vallco Shoppi� unreasonable to expect passengers to leave their bicycles for days at a bicycle racks outside the station. Appropriate type of parking facility: Similar to may be even less able or wiling to comply with deposits, etc. 4.6 Recommended Bicycle The City's Municipal Code 19.100.040 specifies` requirements including bicycle parking. Bicycle developments and in commercial districts. Tahl.e required bicycle parking supply in terms of perce Class U. This method for calculating bicycle par, is required. However, it will be important not to parking requirements are reduced or waived. An requirements, is to base it directly on the size of tl those users'of lockers ig in advance, key egulations` for off- street parking ing is required in multi- family residential 00.04M: in the Code specifies the of required auto supply, either Class I or requirements works as long as auto parking e bicycle parking if for any reason auto . hate method of calculating bicycle parking ilding in terms of units or square footage Despite this` ordtnance':and: Cuperto'. s strict definition of bicycle parking types, there are numerous locations with o>iily bicycle racks or "wheel- bender" racks. All these are recommended to be upgraded to Class II or III parking. While comprehensive recommendations regarding the location of new bicycle parking facilities are beyond the scope of this study, the following are locations where the need for Class II parking has been identified by` the Commission: o Cupertino Crossroads ' • Marketplace • Cupertino Village Shopping Center • The Oaks Center • De Anza Center • Vallco Shopping Center • Homestead Square 26 City of Cupertino Municipal Code. "Chapter 19.100: Parking Regulations" Retrieved 15 November 2009 from httLj://www.cul)ertiiio.ore/index.asL)x'?page=807 27 Santa Clara County Valley Transportation Authority. (13 Dec 2007). Bicycle Technical Guidelines: A Guide for Local Agencies in Santa Clara County. Chanter 10 Bievcle Parking. Bicycle Transportation Plan 50 of 67 28 February 2011 Irking would make the irports and AMTRAK existing or future should be monitored and 7 Center. It is 340 In addition, a parking inventory conducted by the Commissioners should be consulted, and all locations with non - standard "wheel- bender" racks should be upgraded to Class II or Class M. 4.6.1 Bike Rack Placement Criteria The placement of bike racks is very important for three reasons: • To avoid adversely impacting pedestrian circulation, • To ensure that they can be used to their maximum design capacity, and • To have high visibility to deter thieves and vandals. The City parking ordinance specifies "Spacing of the bicycle units shall be figured on a handlebar width of three feet, distance from bottom of wheel to top ©f handlebar of three feet and six inches and a maximum wheel -to -wheel distance of six feet.- 4.7 Showers and Lockers In Cupertino, there are relatively few locations for employers and commuters to shower and change their clothes. Some employer sites have showers and lockers, including Apple. It is recommended that Cupertino consider an ordinance that requires new construction or the expansion of existing buildings to provide showers. 28 February 2011 51 of 67 Bicycle Transportation Plan 341 5 Education Unfortunately, too many bicyclists in the United States lack the basic skills or knowledge to safely ride a bicycle in traffic. Bicycle education programs are designed to increase bicycle safety by improving the ability of cyclists to ride with traffic as well as heightening motorist awareness. The difficulties faced in helping cyclists develop this skill and knowledge stems from the wide range of age groups that require this training and the necessity to tailor the programs for each one. For example, young children should be taught the basic rules of the road in conjunction with hands -on bicycling instruction. Adults benefit most: from a program designed to impart the responsibilities on bicycle riding, to demonstrate how to safely share the road with motor vehicle traffic, and to provide tips on the benefits and methods of bicycle commuting. Bicycle education programs should be directed at the o Child Bicyclists ® Adult Bicyclists Attempts by a community to provide all these is already overloaded: money and man -power are in short s reason, a community must explore all possible avenues in de education strategy. Public departments aisd agencics such as sheriff's office, community development, and scool district. Community and civic organizations, employers, local bustne be tapped as resources. Some of the most successful prograr. public agencies and private groups working together toward Officials iitely put stress on a system that in every jurisdiction. For this ng and implementing a bicycle planning, public works, st be brought into the effort. and cycling clubs should also e the result of coalitions of nmon goal. In general, bicycle education programs can be described as those which develop awareness and provide information, such. as Websites with safety and .route information, posters, brochures, and DVDs /videos (see Bike Hotline above },,and those that change behavior or develop skills, such as programs with on bike instruction, teaching adults who supervise children, and instructions for motorists, law enforcement and community events. Cupertino's City Website, htt : / /www.cu ertino.6i and the Commission's Webpage, in particular, can reach most comm 44:. nembers by providing helpful online maps such as Suggested Routes to School instruction guides for tasks Tik& fitting 'a bicycle helmet, rules of the road, safety guidelines and techniques far riding in traffic, and so on. Additionally, placing general information on the basics of holding a Bike or Walk to School Day and linking to bicycling organizations such as League of American Bicyclists or Silicon Valley Bicycle Coalition educates prospective bicyclists of all ages and skill levels. The key to any bicycle education program is to reach the target audience; in other words; getting people to participate. Bicycle promotion programs, discussed in the following chapter, are intended to increase the community's awareness of the benefits of bicycling and can also serve to improve safety for bicyclists. As previously mentioned, bicycle education programs can take many forms and are generally directed at child and adult bicyclists and motorists, law enforcement officials or the community at large. Children are at the greatest risk for injury due to bicycle - related accidents. Therefore, 28 School bicycle -route maps are being developed as the Coinlnission works with other commissions and schools to deploy them. Bicycle Transportation Plan 52 of 67 28 February 2011 342 children tend to receive more attention with bicycle education strategies than adults, motorists, and law enforcement officials. The following sections will include discussion of the characteristics of the bicycle education programs most suitable for each group listed above. 5.1 Chard Bicyclists Most bicycle safety efforts target elementary school -aged children and their parents. Programs for beginning bicyclists, between the ages of five and eight, focus on parents and the role they play in selecting the proper size and type of equipment, in supervising their child's use of that equipment, and in teaching the basic mechanical skills needed to start, balance, steer, and stop a bicycle. Parents may be reached through parent - teacher associations and children through programs sponsored by schools, day care centers, local parks and recreation departments, summer camps, and boys and girls clubs. Children pose a special safety problem as they learn to ride rules, look for traffic and use hand signals are not second: n Bicycle education programs should start early as children It grow to focus on the needs of each age group. There iis.a ci integrating traffic skills defined by children's development are most at risk for crashes and injuries on the other end. ten are the optimal target for learning how. enter and exit to the side while riding straight; and communicate and cool Bicycle education programs directed at children sl road and training to develop the skills necessary to has traditionally taken place in the schools Cuper rcles. Learning to ride by the these skills must be taught. to ride and be modified as they indow for learnurg and and and the age at which they between the ages of nine and lway; scan ahead, behind and ith other road users. instruction on rules of the le education for children the Santa Clara County Sheriff's Office, West Valley Division, for law enforcement services within the city. Two of the deputies assigned to Cupertino are` School Resource Officers that hold bicycle safety lectures at each elementary and `iniddle school in the city. During the 2009 -2010 school year, a total of 6800 Cupertino students participated in Bike Safety or Bike /Pedestrian Safety educational programs, bike safety Jectures were given to individual Cub Scout and Boy Scout Troops (each troop consisting of 10 20,,boys) from Eaton, Regnart, Sedgwick, and Stevens Creek Elementary Schools., and Monta Vista High School, and, as a final measure of bike safety, the Cupertino School Resource Officers conducted'a booth at the Cupertino Fall Festival. In the past, Cupertino Union School District has contracted with the bicycle education organizations Safe. Moves and ALTRANS, short for Alternative Transportation Solutions, to conduct programs for the elementary and junior high schools. Safe Moves provides a hands -on bicycle training program and'ALTRANS focuses on encouraging students to use alternative means for getting to school such as walk, bike, carpool, and transit. Classroom and assembly presentations are reinforced with newsletters, trip planning services, and poster contests. Parent - teacher organizations at some local schools sponsor bicycle training and education programs for students during the school year. 5.1.1 Educational Elements Bicycle education for children should include the following educational elements: kindergarten through third grade, fourth and fifth grades, middle and high school, and university. Kindergarten through Third Grade 28 February 2011 53 of 67 Bicycle Transportation Plan 343 Off -bike programs to teach pedestrian and bicycling safety education. Fourth and Fifth Grades On -bike programs to teach bike - handling skills such as bike rodeos, which usually consists of a bicycle safety clinic featuring bike safety inspections (and optional quick tune -ups), and a safety lecture about the rules of the road (10 to 15 minutes). This is followed by a ride on a miniature "chalk street" course set up in a parking lot where young cyclists are shown where and how to apply the rules Middle School and High School Education at this level can cover commuting as well as recreational uses, touring, and racing, which can be conducted by volunteer cycling advocates. High schools; can include bicycle education as part of driver's training courses. Effective Cycling 30 (developed by the League of American Bicyclists) should serve as the foundation for training ..cyclists to ride safely in traffic and on the road. Local Universities Promote cycling on campus and introduce Effective Cycling as a physical education` course (similar to racquetball, tennis, etc.). Professor William Moritz at the University of Washington has'proposed that "the one -shot method of Driver's Ed at on for high school sophomores be replaced with a curriculum that spans most of there primary and, secondary school career. Four major areas of instruction would be taught at four stages of the students' development. In grades K -3, students would learn basic pedestrian skills, stranger danger, crossing residential streets using pedestrian push buttons, taking a school bus, etc. Older students in Grades 4 to 5 are ready to1earn bike safety and handling skills, including bike operation on streets with supervised bike rides . on neighborhood streets. (This is being done in many states including Hawaii, Montana, Florida, and North Carolina.) Later, in Grade 7 -9, they would learn basic nobility skills regarding how to get around town including using transit for utilitarian and recreational trips (how to read a bus schedule, execute a transfer, take rapid transit), and more on safe bicycling practices. By the time students reach Grade 10, theywill have already become transit - independent and would be able to go places without having to be driven by someone. In tenth grade, students would take driver's education, but driver's education would include focused instruction on how motorists should interact with pedestrians and bicyclists, how to predict their movements, pass safely, learn when different modes have the right -of -way, etc." The Cupertino Library and Cupertino Department of Parks and Recreation have offered bicycle "driving" education courses for Middle School students to understand the rules of the road (rules for both bicyclists and motorists), equipment safety, and riding skills improvement. 29 Bicycle Life. Retrieved 24 January 2010 from littp : / /wNxw,bicyclingIife. cony /SafetySkiIls /Bieye]eRodco.litm 30 John Forester. (2001). Effective Cycling Cambridge: The MIT Press. 31 City of Berkeley, CA. (1996) Bicycle Plan "Chapter 5 Bicycle Education. and Safety" Retrieved 15 November 2009 from bttl2://wN 32 Elizabeth Rein (2008, September 20) City Library "Middle- School Bike Skills" 33 Jeff Ordway (2009, November 12) City of Cupertino Department of Parks and Recreation. Fall of 2009 Course Catalogue "Fundamental Bike Driving Education" (course identification 39736). Bicycle Transportation Plan 54 of 67 28 February 2011 344 Additional information on education programs and relevant resources are included in Appendix D. 5.1.2 Bicycle Helmets Bicyclists under the age of 18 are required by California state law to be wearing a properly fitted and fastened bicycle helmet. Before 1994, when this law went into effect, over 25% of bicycle accidents involved head injuries. Of these, more than one -half were life threatening. Since 1994, bicycle fatalities for those of age 18 or less have dropped statistically to 41 percent; that is from a yearly average of 34 from 1991 through 1994 to an average of 20 fatalities per year from 1995 through 2007 Many communities have developed special programs to encourage` the purchase and use of bicycle helmets. Helmet companies and bicycle shops have offered discounts for community and school programs to provide helmets at little or no cost Helmet fitttng;and bicycle brake checks are provided by local cycling groups during Cupertino's annual Public Safety Fair. 5.2 Adult Bicyclists There are few materials and programs that focus on the at Effective Cycling suite of courses offered by the League i bicyclists have not had any formal bicycle education in el mechanical skills. At the same time, there are nlisconcep further challenge adult bicyclists' safety. For instance; so facing traffic, and it is still common to see a bicyclist at rz reflectors. Bicycle education programs developed for the about their rights and responsibilities on the road and tecl motorists. The course suite by: the adult education centers, Bike -to -Work Week'als events such lulu and far and creating 5,3 Mo the exception of the rican Bicyclists. Most adult i, outside of learning the basic tyths and outdated advice that eve a bicyclist should ride hout the required headlights and yclist need to educate cyclists for sharing the road with of American Bicyclist§ can be offered at bike shops, bike clubs, ,,churches and community centers. Promotional events such as o provide;an opportuniry`to enhance bicycle education and encourage ad. Although it is often difficult to get adults to attend classes, as charity bike rides, bike fairs, and bicycle rodeos are useful in lilies in more recreational surroundings. Bicycle commuting programs 's ma employers have been successful in educating adult bicyclists Motorists are probably the most group to reach with bicycle education. Existing motorist- oriented programms typically reach their intended audience only at specific points. Some amount of bicycle education is distributed during driver education courses, driver licensing exams and traffic schools for violators; but these events will only occur once every several years and are generally ineffective in changing driving behavior. 14 California Department of Health Services: Epidemiology and Prevention for Injury Control (EPIC) Branch. "California Bicycle - Related Injuries." Retrieved 24 August 2009 from http:/ �" vw. Uplications.dhs.ca.gov /epiedata /con /ST�bic cle.litin 28 February 2011 55 of 67 Bicycle Transportation Plan 345 Public awareness campaigns are most useful for educating motorists on how to safely share the road with bicyclists, while at the same time reminding bicyclists of their rights and responsibilities. Cupertino has joined the Street Smarts public education program that uses education to change behavior of motorists, bicyclists, and pedestrians of all ages. Street Smarts' focus is on five behaviors: red -light running, stop sign violations, speeding, school -zone violations, and crosswalk safety. Media campaigns such as Street Smarts, community events, and family activities can be useful in raising awareness regarding bicycle and motorist safety. Parents who attend bicycle education events with their children may learn something themselves about bicycle and motorist safety that can help to reinforce the safe cycling of their children. Bicycle Transportation Plan 56 of 67 28 February 2011 346 6 Enforcement To make bicycling safer, the Santa Clara County Sheriff's Department, from whom Cupertino receives enforcement services, must enforce traffic regulations for children, adult bicyclists, and motorists. If deputies are hesitant to cite bicycle offenders, especially children, the children and adult bicyclists might get the impression that they are not required to observe the rules of the road while on a bicycle. Accident analysis reveals that the majority of reported bicycle and automobile accidents are caused by bicyclists who failed to follow the rules of the road. The most common violations causing accidents are cyclists who ride on the wrong side of the road, cycle at night without lights, or are unpredictable as they proceed down the road. Consequently, enforcement should be viewed as an integral part of the bicycle education program, and as an effective way to reduce the frequency of bicycle and automobile`accidents. Cupertino School Resource Officers complete diversion Youth bike offenders. The class, which is a chance toed biking infractions, is usually held every two to three mol The class also encourages parents to attend so the class with half being parents. During the 2009 -2010 school ye In 1994, California made it easier to use enforcement as a biey Changes to the California Vehicle Code allow local authorities offenses in their jurisdiction. Previously, bicyclists were fined offenders. For example, a bicyclist running: a red light would r amount as a motorist In order for Cupertino's bi education on how best to a enforcement. The bicycle.; not excessive, and deputies Cupertino's bicycle traffic inform residents that bicvc The Santa Clara Cour Agencies have joined juveniles that;violate skateboards, gndped traffic diversion class officers, and are atte road, information on powerful speech, are juveniles on traffic s, involved injuries. for all Santa Clara County youth bike offenders of their a total of five to six times year. es in size from 15 to 60 attendees attended the diversion classes. education and safety tool. reduce fines for bicycle :lie same rates as motor vehicle ive a ticket for the same fine enforcement programto work effectively, deputies need offender and what violations should be earmarked for re should be reviewed periodically to ensure that fines are encouraged to impose them with sufficient regularity. rt program should be accompanied by a media campaign to ers will be cited, f's'Office along with other Santa Clara County law Enforcement to provide traffic school for youth. This program focuses on Vs, such not wearing helmets while operating bicycles or ) lations. Juveniles are encouraged to take this informative 2 -hour traffic ead of paying a fine. Classes are taught by deputies and local police bythe ticketed youth, accompanied by a guardian. The rules of the Trion traffic violations, and a survivor guest speaker who provides a sided as part of the class. The Sheriffs Office hopes by educating the , they will be less likely to re- violate thus reducing juvenile traffic- In the future, the Sheriff's Office may wish to look at expanding the traffic diversion class to motorists who cause bicycle- related accidents. They could also be sent to bicycle traffic school where they could learn how to safely share the road. Traffic issues at local schools are a high priority for the West Valley Patrol Division. The unpredictable nature of children makes it extremely important that drivers pay close attention to 28 February 2011 57 of 67 Bicycle Transportation Plan 347 their surroundings near schools. Deputies rotate among local schools during arrival and dismissal time frames, to promote safe motorist, bicyclist, and pedestrian behavior and to cite offenders. Several Sheriff's Deputies are on school traffic safety commissions in order to promote communication between parents, school staff, and students. As mentioned earlier, School Resource Officers speak at elementary and middle schools' bicycle safety assemblies each year. To enhance the observance of the traffic regulations by bicyclists, this plan would encourage that a selected number of the Sheriff's Department and Cupertino's Code Enforcement personnel be assigned to patrol the area by bicycle. Throughout the country, many. cities have demonstrated the effectiveness of community -based policing utilizing bicycles in place of patrol cars. Clearly, a deputy on a bicycle can speak with greater authority about unsafe cycling practices and code violations committed by bicyclists. Bicycle Transportation Plan 58 of 67 28 February 2011 7 ,Appendix A. Plan Conformance to Existing Plans Several existing and ongoing plans address bicycling directly or indirectly in the study area including county -wide plans and local plans. For example, the Countywide Trails Master Plan addresses the need for new and improved trails in Cupertino. These include the De Anza National Historic Trail, a recreational trail that will trace the route of the De Anza party in their overland march from Mexico to the San Francisco Bay, and the Stevens Creek Trail, a paved recreational trail leading from Stevens Creek Reservoir to the marshlands of the South Bay near Moffett Field paralleling Stevens Creek. Cupertino's Parks and Recreation Department has completed a portion of the Stevens Creek Trail as part of the upgrade of the Blackberry Farm facility. This is described in more detail in "Recommended Bikeway Network." The City of Cupertino completed an update to its 2000 -2020 defines the vision and strategy for the city. One goal is to lip integrated, cohesive, and walk -able community. Cupertino automobiles as the sole means of transportation within. its bo pedestrian and bicycle paths through new development prop between neighborhoods and shopping areas. The roadway. s; automobile and pedestriantbicycle needs. The County Congestion Management Progran Management measures to reduce traffic conge Valley Transportation Authority (VTA) buses has included Creekside Park, which has a bikc. neighborhoods to the park., in addition, a ped( Way (between 1 -280 and Bollinger),opened in their neighborhoods west of Lawrence Expres 2005. The plan )lve into a more to decrease reliance on private -ies. The city wants.to provide ,.and maintain safe bikeways will be balanced between addresses the need, for Transportation Demand dion and improve air'.quality. The Santa Clara . xe all equipped with racks. Local planning )edestrian bridge connecting the adjacent trian crossing of Lawrence Expressway at Mitty idinR school children safer access to The VTA approved a Countywide Bicycle Plan (C BP) in August of 2008. Cupertino's Bicycle Transportation Plan seeks to conform to the VTA CBP. VTA published an update to their Bicycle Techx icai Guidelines (BTG) in 2007.> As Cupertino implements projects in its bikeways network, the city.will use as. a standard VTA's BTG "best practices." The Complete Streets Act (California Assembly Bill 1358) was recently signed into law that requires citiesand counties to ensure .that local streets and roads meet the needs of all users: bicyclists, pedestrians and transit riders, as well as motorists. Beginning in 2011, revisions to the Cupertino General.Plan's circulation element may be needed to balance the diverse ways that people use streets within the city in conformance with AB1358. The Governor's Office;of Planning and Research (OPR) final update to the General Plan Guidelines was published and issued on 15 December 2010. Cities and counties will use these guidelines when updating the parts of their general plans that cover streets and roads. 35 Valley Transportation Authority. (August 2008). CoLi to ide,Bicycle Plan. Retrieved 3 January 2011 from litt : / /www.vta.or2�/schedules /bikeways plm.btnil " Valley Transportation Authority. (13 December 2007). Bicycle Technical Guidelines: A Guide for Agencies in Santa Clara County. Retrieved 3 January 2011 from http: / / iv�A w .vta.or,� , /schedules /pdf /btp- coWlete.lzdf 37 Stephanie Potts (2008, October 3). California Passes Complete Streets Law Retrieved 18 August 2009 from http:// coniuletestreets .or, /C.alifomiaCS.html 28 February 2011 59 of 67 Bicycle Transportation Plan 349 8 Appendix B. Bikeway Classifications 8.1.1 Class I Bike Path Class I Bike Paths provide a completely separated right of way for the exclusive use of bicycles and pedestrians with cross -flow minimized. Bike paths are an important component of every bikeway network. Some are long enough and well located enough to provide a car -free environment for a large portion of a bicycling trip. Other bike paths are used to close gaps in a route such as connecting two dead -end roads or traversing parks. Bike paths are popular with casual bicyclists and families with experienced bicyclists if well designed and located c their popularity with slow cyclists including families wit/ joggers, in -line skaters, parents with baby strollers, people usefulness of a bike path to cyclists who ride over I5 mpl fast on a bike path as they can on city roads. This is due; J the high numbers of slower users. they can be popular route. However, children and non - bicyclists such as walking their dogs, and so on limits Serious bicyclists can rarely ride as A to the design of the bike path and Bike paths should be designed in accordance with accepted design guidelines to account for all the other users. The width of the bike path'should be increased depending on the stratification of the users. The VTA's Bicycle Technical Guidelines should be consulted' for advice on bike path designs. 8.1.2 Class II Bike Lane Class II Bike Lanes provide a striped lane for one: -way bike travel on a street or highway. The bike lane is for the exclusiv..e use of Bicycles with certain exceptions: for instance, right turning vehicles must merge into the lanc prior to turning, and pedestrians are allowed to use the bike lane when there is no adjacent sidewalk. Bike lanes are recommIdlided when traffic volumes exceed a certain threshold; for example 4,000 vehicles a day. Below this traffic volume there should be adequate gaps in oncoming traffic for motor vehicles to safely pass bicyclists. The Highway Design manual. :specifies the minimum width for bike lanes under the following conditions: • Next to a curb, on=street parking allowed: minimum width is five feet where there is a vertical curb and the parking stalls are marred (or a continuous parking stripe is present). r . Where parking and/or turnover are infrequent and no parking stalls are marked, twelve feet is the minimum. • Next to a curb, on- street parking is prohibited: minimum width is four feet with the proviso that there is at least three feet to the longitudinal joint where the asphalt meets the gutter pan. • On roadways without curb and gutter, where infrequent parking is handled off the pavement: minimum width is four feet. Bicycle Transportation Plan 60 of 67 28 February 2011 350 • Bike lanes are not advisable on long, steep down grades where bicycle speeds in excess of 30 mph are achievable. Note: For greater safety, widths wider than the minimums should be provided wherever possible. The VTA Bicycle Technical Guidelines should be consulted for advice on when to provide the minimum or wider bike lane widths. 8.1.3 Class III Bike Route A Class IR Bike Route provides for shared use with pedestrian or motor,vehicle traffic and continuity among bikeways. In the American Association of State Highways and Transportation Officials' Guide for the Development of Bicycle Facilities, Class III is called a Designated Shared Roadway rather than a Bike Route. Class III has traditionally been used to designate anything from low volume residential roads that have no need for bike lanes to arterials with heavy traffic volumes where widening to provide bike lanes ; would not be feasible. In either case, bicycle usage is secondary. In order to eliminate the resulting confusion over what a Class III route means, this plan subdivides Class III into two categories in order to m ore > precisely . describe the features of the bike route. This also helps to differentiate the various types of bicycle improvements envisioned for each roadway. Class IIIA Shared Roadway The designation Class IIIA is used where bike lanes or. wide shoulders are not feasible due to right -of -way or topographical constraints. Bike lanes should be considered in any long -term reconstruction or redevelopment plans of the adjacent propertie where a new roadway cross - section is possible By their very nature, wide curb lanes and Class Mike routes require no special markings, and typically only bike route signs are installed. However these routes should be well maintained in terms of providing a uniforii paveirient.surface and frequent street sweeping. In addition, it is recouimended that Shared Lane Markings 8 be considered in the right -hand portion,of the lane. This would be used on roadways with heavy traffic volumes and narrow lanes. These stencils would be supplemented with the "Share the Road" signs currently used in Class IIIB Many of the roadways that have been included in the bikeway network are predominately residential roads Many residential roads make excellent routes because traffic volumes are low and speeds are slow. Bike lanes are not designated on streets with low traffic volumes, and residential roads often do not have adequate width for bike lanes. Some residential streets in Cupertino have existing barriers which limit the movements of motor vehicles; for example, southbound Tantau at Stevens Creek Boulevard, or Lazaneo Drive at Randy Lane. The barriers reduce motor vehicle traffic and make the streets more attractive as bicycle routes. However, some streets also have numerous STOP signs along the route which 38 California Department of Transportation. (Jan 2010). California Manual of Uniform Traffic Control Devices (MUTCD). Retrieved 3 January 2011 from http: / /iv�vw.dot.ca. Gov/ hq/ traffou s /sizntech /iiiutedsupp /ca n)Utcd2010.ht11 28 February 2011 61 of 67 Bicycle Transportation Plan 351 impede the travel of bicyclists. Removing STOP signs along the bike route helps to encourage bicycling provided cross traffic is required to stop. Streets that have low traffic volumes and few or no STOP signs make excellent routes for adults of all abilities and older children. (Palo Alto's Bryant Street was redesigned to have low traffic and few STOP signs and is now referred to as a Bicycle Boulevard. Bicycle Transportation Plan 62 of 67 28 February 2011 352 9 Appendix C. Bike Parking Facilities Bicycle parking facilities also fall into three general categories. Cupertino Ordinance 19.100.040 (0) addresses bicycle parking and defines the classes of bicycle parking as the following: "Bicycle parking shall be provided in multi- family residential developments and in commercial districts. In commercial districts, bicycle parking facilities shall be one of the following three classification types: Class I, Class II, and Class III." 9.1.1 Class I Facilities These facilities are intended for long -term parking and are to protect the entire bicycle or its individual components and accessories from theft. The facility also protects the cycle from inclement weather, including wind - driven rain. The three design alternatives for Class I facilities are as follows: • Bicycle Locker: A fully enclosed space accessible only by the owner or operator of the bicycle. Bicycle lockers must be fitted with key - locking mechanisms. • Restricted Access: Class I bicycle parking facilities located'within a locked room or locked enclosure with the roof accessible only to the owners and op e rators of the bicycles. The maximum capacity of each restricted room shall be ten bicycles. In multiple family residential developments, a common locked garage area with Class. II parking facilities shall be deemed restricted access provided the garage is! accessible only to the residents of the units for whom the garage is provided. ® Enclosed Cages: A fully enclosed chain link enclosure with roof for individual bicycles, where contents are.visible from the outside, which can be locked by a user - provided lock. This facility mayonly.bc used ''for multiple fam..ly residential uses. 9.1.2 Class 11 Facilities These facilities are intended fa r slort -term parking with a stationary object to which the user can lock the frame and both Wheels with a user.- provided lock. The facility shall be designed so that the lock;s from physical assault: A Class II facility must accept U- shaped locks and padlocks Glass II facilities must be within constant visual range of persons within the adjacent building and I... ated at street floor level. 9.1.3 Class III'' Facilities' These facilities are intended for short-term parking with a stationary object which the user can lock the frame and both' wheels with a user - provided cable or chain and lock, sheltered from rain, if possible. 9.1.4 Other Facilities Other styles of bike racks besides these three classes are still found in Cupertino. These styles, commonly known as "wheel benders" and defined as. Class III by some communities, support only locking one wheel. They are the type that were (and still are unfortunately) quite popular in 28 February 2011 63 of 67 Bicycle Transportation Plan 353 school yards. They are never recommended except in guarded areas or locked cages or rooms, where they are used in Class 1 situations. Bicycle Transportation Plan 64 of 67 28 February 2011 354 10 Appendix D. Bicycle Education and Safety 10.1 Promotional Sources a 511 (Bay Area Transportation Information) Website: http: / /www.bicycling.51 Lorg Email: bikelea2ucab1*ke1ea .zue.ora links. a a cation ike this A urban 'cle a ety and Fax: (202)822-034 ® National Center for Bicycling and Walking [formerly the Bicycle Federation of America] Website: http: / /www .bikewalk.org Email: infogbiketivalk.org 28 February 2011 65 of 67 Bicycle Transportation Plan 355 Overview: Provide workshops such as Active Communities, Training the Trainer, Safe Routes to School, etc. Address: National Center for Bicycling & Walking Office of Administration & Finance 20 Crescent Shore Road Raymond, Maine 04071 Phone: (207)627 -9060 • Silicon Valley Bicycle Coalition Website: http : / /www.bikesiliconyallcy.org Overview: A leading local group that promotes safe bic trail connections throughout the Silicon Valley through Address: 84 W. Santa Clara St., Suite 330 San Jose, CA 95113 Phone: (408)287 -7259 • Traffic Safe Communities Network (Santa Clara Email: alice.matsushiiiia(da hhs.secLov.ora Overview: TSCN aims to prevent and save health case and property costs thrc areas are alcohol and impaired driving, Address: SCC Public Hea'. 976 Lenzen Ave., Room 1 San Jose, CA 95126 friendly roads and and injuries as well as tice approaches. Focus , and roadway safety. a Bicycle Transportation Plan 66 of 67 28 February 2011 356 Phone: (408)792 -3744 10.2 Funding Sources • California State Legislated Safe Routes to School (SR2S) Funds — available to cities and counties for capital improvements like pathways, bike lanes, traffic calming (with up to 10% for education, encouragement, and enforcement) • Caltrans Bicycle Transportation Account • Congestion Mitigation and Air Quality (CMAQ) for projects that reduce vehicle trips • Federal Safe Routes to School (SRTS) associated with SAFETEA -LU ® Federal Transportation Enhancements (TE), Metropolitan Transportation Commission's (MTC) Transportation for Livable Communities (TLC), <VTA Community Design and Transportation (CDT) • Santa Clara County School -Based Vehicle Emissions Reduction (SBVER) Program • Transportation Development Act (TDA) • Transportation Fund for Clean Air (TFCA) for projects.that have air quality benefits 28 February 2011 67 of 67 Bicycle Transportation Plan 357 PARKS AND RECREATION DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3110 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Sub, ect Consider an Ordinance adopting Chapter 10.90 of the Municipal Code to regulate smoking in recreational areas. Recommended Action Conduct the first reading of an Ordinance of the City Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to prohibit smoking and tobacco use in recreational areas. Description Good health is important to Cupertino residents and businesses. One of the outcomes for the Cupertino Parks and Recreation Department is "a healthy community ". Having Cupertino parks and recreation areas smoking and tobacco free is a positive step in making these popular outdoor public areas healthier. San Jose, Milpitas, Saratoga, Sunnyvale, and County of Santa Clara have adopted ordinances restricting smoking in recreational areas. Campbell and Los Gatos are considering adopting a ban on smoking in recreational areas. 358 Discussion On January 10, 2011 the City entered into an agreement with the County of Santa Clara for the purpose of preventing tobacco use. The agreement was a conduit for which the City is eligible to receive $23,387 in grant funds from the Centers for Disease Control. If the Council approves the proposed amendment to the City ordinances, this grant will help the City to implement a city anti- smoking and tobacco use policy in recreation areas. Currently there is a State law that prohibits smoking near playgrounds and tot lots used by children (California Health & Safety Code section 104495). The law applies only to parks designed specifically for use by children and does not apply to smokeless tobacco products. State Law also prohibits smoking within 20 feet of public buildings. Enacting restrictions on smoking and tobacco use in addition to state minimums are supported by the data showing that tobacco - related illness is the leading cause of preventable death in the United states,' accounting for about 443,000 deaths each year; and scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, and mouth . These adverse affects are not limited to the user of tobacco products. The U.S. Surgeon General concluded that there is no risk -free level of exposure to secondhand smoke, and the California Air Resources Board placed secondhand smoke in the same category i US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation's Leading Cause of Preventable Death. 2008, p. 2. Available at: wy dc.gov /nccdphp /publications /aaa/pdf /osh.pdf 2 US Department of Health and Human Services, Centers for Disease Control and Prevention. "Smoking - Attributable Mortality, Years of Potential Life Lost, and Productivity Losses — United States, 2000 - 2004." Morbidity and Mortality Weekly Report, 57(45): 1226 -1228, 2008. Available at: www. cdc. gov /mmwr /preview /mmwrhtml /mm5745 a3 . htm 'US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation's Leading Cause of Preventable Death. 2008, p. 2. Available at: AAwv de gov /nccdphp /publications /aag /pdf /osh.pdf 4 US Department of Health and Human Services, Office of the Surgeon General. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. 2007. Report highlights available at: www. surgeongeneral. �ov/ library/ secondhandsmoke /factsheets /factsheet7. html 359 as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposures The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm . In fact, secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers each year in the United States,' and exposure to secondhand smoke increases the risk of coronary heart disease by approximately thirty percent. These harmful effects are especially troublesome for children in that secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under the age of 18 months each year, in addition to exacerbating childhood asthma. 10 It is also important to note that levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers." The irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from the burning cigarette. 12 To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two lane road. s Resolution 06 -01, Cal. Air Resources Bd. (2006) at 5. Available at: www.arb.ca. o� v /reiiact /ets2006 /res0601.pdf See California Environmental Protection Agency, Air Resources Board. News Release, California Identifies Secondhand Smoke as a "Toxic Air Contaminant. " Jan. 26, 2006. Available at: www.arb.ca.-jov/newsrel/nr012606.htm 6 California Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Chemicals Known to the State to Cause Cancer or Reproductive Toxicity. 2006, p. 8 & 17. Available at: www.oehha.ca.!jo� list/files/P65si ng1e081106.pdf US Department of Health and Human Services, Centers for Disease Control and Prevention. Fact Sheet — Secondhand Smoke. 2006. Available at: www.cdagov /tobacco /data statistics /fact sheets / secondhand _smoke / e� neral_facts /index.htm s Barnoya J and Glantz S. "Cardiovascular Effects of Secondhand Smoke: Nearly as Large as Smoking." Circulation, 111: 2684 -2698, 2005. Available at: www.eire.ahaioumals.or , j/cQi /content /full/111/20/2684 9 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation's Leading Cause of Preventable Death. 2008, p. 2. Available at: www.cdc. gov /nccdphp /publications /aaa/pdf /osh.pdf 10 US Department of Health and Human Services, Centers for Disease Control and Prevention. Fact Sheet Secondhand Smoke. 2006. Available at: www.cdc. $ov/ tobacco / data_ statistics / fact_ sheets / secondhand _smoke /general_facts /index.htm 11 Klepeis NE, Ott WR, and Switzer P. Real -Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. San Francisco: University of California, San Francisco and Stanford University, 2004, p. 34, 80. Available at: http: / /exposurescience.org/pub /reports /Outdoor ETS_Final.pdf See also Klepeis NE, Ott WR and Switzer P. "Real -Time Measurement of Outdoor Tobacco Smoke Particles." Journal ofAir and Waste Management Association, 57: 522 - 534, 2007. Available at: www.ashaust.o� , �r!j.au /ndfs/OutdoorSHS0705.ndf . 12 Junker MH, Danuser B, Monn C, et al. "Acute Sensory Responses of Nonsmokers at Very Low Environmental Tobacco Smoke Concentrations in Controlled Laboratory Settings." Environmental Health Perspectives, 109(10): 1046 -1052, 2001. Available at: ; Repace JL. "Benefits of Smoke -Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles." William Mitchell Law Review, 34(4): 1621 -1638, 2008. Available at: http: / /tobacco.health.usyd.edu. au/ site /supersite/ contact /pdfs /W illiamMitchel]Repace.pdf is Repace JL. "Benefits of Smoke -Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles." William Mitchell Law Review, 34(4): 1621 -1638, 2008. Available at: 360 While the effects of smoking and second hand smoke are harmful, the implications of using smokeless tobacco are equally concerning and should be addressed. Smokeless tobacco use causes leukoplakia, a disease causing white patches to form in the user's mouth that can become cancerous, 14 and smokeless tobacco products are known to cause lung, larynx, esophageal, and oral cancer. 15 Additionally, the regular use of snuff doubles the user's risk of cardiovascular disease and death. 16 While smoking and tobacco use have many adverse effects, the litter associated with smoking and tobacco product use also poses a health threat to young children. In 2004, American poison control centers received nearly 8,000 reports of children poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products. 17 Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and gagging. 18 Cigarette butts are also a major and persistent source of litter. It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year. 19 Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to decompose. In just three hours, 340,000 cigarette butts were collected from California beaches during the 2008 Coastal Cleanup Day, making cigarette butts the most common type of trash found 24 years in a row. Cigarette filters have been found in the stomachs of birds, fish, whales, and other marine creatures that have mistaken the filters for food, causing the animals to ingest harmful plastic and toxic chemicals Los Angeles County recorded a 40% decrease in cigarette butts after banning smoking on beaches in three cities. http: / /tobacco.health.usyd.edu. au/ site /supersite/ contact /pdfs /W illiamMitchel]Repace.pdf 14 National Cancer Institute. Smokeless Tobacco and Cancer: Questions and Answers. 2003, p. 2. Available at: www. smokefree .2jov /Docs2 /SmokelessTobacco Q &A.pdf 15 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation's Leading Cause of Preventable Death. 2008, p. 2. Available at: www.cdc. gov /nccdphp /publications /aag /pdf /osh.pdf 16 Hatsukami DK and Severson HH. "Oral Spit Tobacco: Addiction, Prevention, and Treatment." Nicotine and Tobacco Research, 1(1): 21 -44, 1999. 17 American Association of Poison Control Centers. 2004 Annual Report of the American Association of Poison Control Centers Toxic Exposure Surveillance System. Elsevier Inc., 2004, p. 645. Available at: www.poison. org /prevent /documents /TES S %20Annual %20Report %202004.pdf 18 US Department of Health and Human Services, Centers for Disease Control and Prevention. "Ingestion of Cigarettes and Cigarette Butts by Children — Rhode Island, January 1994 -July 1996." Morbidity and Mortality Weekly Report, 46(06): 125 -128, 1997. Available at: AAA.ede.gov /mmwr /preview /mmwrhtml/00046181.htm 19 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb php zo Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/h9Ayb.ph California Coastal Commission. Press Release: California Finds Silver Lining at the 25 Annual California Coastal Cleanup Day. Nov. 30, 2009. Available at: www.coastal.ca.!Jo�� 1. 30.09 :)ressreleas e.pdf zz Surfrider Foundation, Cigarette Butt Litter. Available at: www .surfrider.org /a- z /cig_but.php 23 Brooke Williams. "Volunteers Comb Coast: Annual Cleanup Turns Up Tons of Trash, Which Generates Helpful Data." San Diego Union - Tribune, Sept. 17, 2006. Available at: www.signonsandiego.com /news /metro /20060917- 9999- 2ml7cleanup.html 361 The vast amount of data supporting the adverse health risks, as well as threats to the environment, also demonstrates the high cost of smoking and tobacco use. The total annual economic burden of smoking in the United States is $193 billion , and the total annual cost of smoking in California was estimated at $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking- related costs in 1999 alone. In an attempt to protect the public health, safety and welfare the proposed ordinance would prohibit smoking and use of tobacco products in all City recreational areas. Sustainability Impact Smoke and tobacco free recreational areas help reduce litter as well as the air pollution. Smoke free recreational areas also reduce the risk of a serious wildfire in local parks. Fiscal Impact The grant from the Centers for Disease Control will provide funds to implement the smoke and tobacco free recreational areas policy. These funds will be used to pay for any new signs for the parks as well as informational /educational material regarding the new policy. Prepared by: Teresa Zueger and Mark Linder Reviewed by. Donna Henriques Approved for Submission by David W. Knapp, City Manager Attachments: 24 Centers for Disease Control and Prevention. News Release, Slightly Lower Adult Smoking Rates. 2008. Available at: www.cde.!jov/media/pressrel/2008/rO8lll3.htm zs Max W, Rice DP, Zhang X, et al. The Cost of Smoking in California, 1999. Sacramento, CA: Tobacco Control Section, California Department of Health Services, 2002, p. 74. Available at: http. // repositories. cdlib. org/cgi /viewcontent. cgi ?article =1026 &context = ctcre 362 Attachment A ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING CHAPTER 1090 OF THE MUNICIPAL CODE TO REGULATE SMOKING IN RECREATIONAL AREAS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, and WHEREAS, smokeless tobacco is not a safe alternative to smoking and also causes death and disease, and WHEREAS, cigarette butts pose a health threat to young children and others, and WHEREAS, cigarette butts are a major and persistent source of litter and constitute a fire hazard, and WHEREAS, creating smoke free areas helps protect the health of the 86.7% of Californians who are nonsmokers and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions; and NOW THEREFORE, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco use around non - tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they play, exercise, and relax; by protecting the environment from tobacco - related litter; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by affirming and promoting a healthy environment in and around the City's recreational areas. Section I. Code Amendment Chapter 1090 of the Cupertino Municipal Code is hereby adopted to read as follows: Sec. 10.90.010 Definitions. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this chapter unless the context clearly requires otherwise: (a) "Parking Area" means a parking lot or any other area designated or primarily used for parking vehicles of Persons accessing a Recreational Area. 363 (b) "Recreational Area" means any outdoor area, including streets and sidewalks adjacent to Recreational areas, owned or operated by the City of Cupertino and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller - skating rinks, and skateboard parks. (c) "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke. (d) "Smoking" means engaging in an act that generates Smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a.lighted cigarette of any kind; or; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind. (e) "Tobacco Product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Sec. 10.90.020 Smoking and Tobacco Use Prohibited (a) Smoking or using a Tobacco Product is prohibited anywhere in a Recreational Area or in any Parking Area adjacent to the Recreational Area. (b) Nothing in this chapter shall be construed to prohibit Smoking or Tobacco Product use in any area in which such Smoking or Tobacco Product use is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. (c) No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking is prohibited by this chapter. (d) Each instance of Smoking or Tobacco Use Product in violation of this chapter shall constitute a separate violation. For violations other than Smoking, each day of a continuing violation of this chapter shall constitute a separate violation. 364 Sec. 10.90.030 Other Requirements and Prohibitions (a) No ash can, ashtray, or other Smoking waste receptacle shall be placed in any area in which Smoking is prohibited by this chapter. (b) No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking or Tobacco Product use is prohibited by this chapter. (c) The presence of Smoking waste receptacles in violation of subsection (a) above or the absence of signs shall not be a defense to a violation of any provision of this chapter. (d) Each instance of Smoking or Tobacco Product use in violation of this chapter shall constitute a separate violation. For violations other than Smoking, each day of a continuing violation of this chapter shall constitute a separate violation. Sec. 10.90.040 Violation - Penalty (a) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City of Cupertino. Nothing in this chapter shall create a right of action in any person against the City of Cupertino or its agents to compel public enforcement of this article against any party. (b) Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. Section 2. Stcatem_e_nt_of Purpose This Ordinance is intended to prohibit smoking, use of tobacco products and smoking litter in recreational areas in order to limit resident exposure to second hand smoke and tobacco product use. Section 3. Severability Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the day of 365 and ENACTED at a regular meeting of the Cupertino City Council the day of 2011 by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST APPROVED City Clerk Mayor, City of Cupertino 366 PUBLIC WORKS DEPARTMENT CUPERTINO Subs ect CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Consider an Ordinance to place stop signs on Bandley Drive at Marian Avenue. Recommended Action Conduct first reading of Ordinance No. 11- , Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections; Bandley Drive at Marian Avenue. Discussion The intersection of Bandley Drive and Marian Avenue is a T- intersection that is currently controlled by a stop sign on Mariani Avenue, the minor street approach. There are no stop signs on Bandley Drive. A crosswalk across Bandley exists on the south side of the intersection, and a crosswalk across Marian exists on the east side. See Attachment B for a diagram of the intersection. Traffic volumes through the intersection are fairly heavy during the morning and afternoon commute periods, and pedestrian volumes are also heavy at times. The intersection is on a walking route to Lawson Middle School. Connectivity needs between multiple buildings leased by Apple have also caused greater pedestrian volumes at this intersection. The City has received requests from time to time to convert the intersection to an all -way STOP by installing stop signs on Bandley. The State of California Manual of Uniform Traffic Control Devices (MUTCD) prescribes specific warrants that should be met in order to justify installing an all -way STOP. These warrants take in consideration traffic and pedestrian volumes, vehicle speeds, vehicle delays, and accident history. Analysis of intersection operations with respect to these warrants has typically indicated that an all -way STOP installation is not warranted. Within the past three months, there have been two reported accidents at the intersection related to left- turning vehicle conflicts. Also, within the past five years, there have also been two reported accidents involving pedestrians in the crosswalks. This number of accidents is not sufficient in itself to meet the warrants prescribed in the MUTCD; however, the MUTCD does allow the engineer to consider the need to control left -turn conflicts, and the need to control vehicle /pedestrian conflicts, in the determination as to whether an all -way stop installation is warranted. It is staff s opinion that the installation of stop signs on Bandley Drive will lead to a reduction in these types of accidents in the future. 367 Authority is granted to local jurisdictions to place stop signs through Section 22450(b) of the CVC, which states, "Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where a stop sign would enhance traffic safety." Fiscal Impact The cost of installing the signs and striping on Bandley Drive is incorporated into the annual operational budget of Public Works staff. There is no additional fiscal impact for this work. Prepared by David Stillman, Senior Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attachments: Attachment A - Ordinance Attachment B - Diagram of the intersection .: ATTACHMENT A ORDINANCE NO. 11 -207 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.20.030 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ESTABLISHMENT OF ALL - DIRECTIONAL VEHICULAR STOP REQUIRED AT CERTAIN INTERSECTIONS; BANDLEY DRIVE AT MARIANI AVENUE The City Council of the City of Cupertino does hereby ordain that Section 11.20.030 be amended to include the following: Section 11.20.030 All- Directional Vehicular Stop Required at Certain Intersections. Bandley Drive at Mariani Avenue INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011 and ENACTED at a regular meeting of the City of Cupertino this 3 rd day of May, 2011 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 1 07FI798 Mayor, City of Cupertino 369 0 w J D Z a m JL MARIAM AVE I M�Ihh OFFICE OF THE CITY MANAGER CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3212 • FAX: (408) 777 -3366 davek @cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 15, 2011 Sub, ect Introduce a resolution setting forth a policy for the City Council to use teleconferencing in connection with its City Council meetings. Recommended Action Consider adopting the attached resolution clarifying the conditions under which teleconferencing may be used. Description On April 5, 2011, Council discussed adopting a policy to enable council members to attend council meetings via teleconferencing in the event they are unable to attend. The Brown Act sets forth the basic requirements for teleconferencing, but there are various matters left to Council discretion. Government Code Section 54953, a provision of the Brown Act, permits a legislative body to allow teleconferencing if it benefits the public and the City Council. The specific language is as follows: (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (Emphasis added) (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter juri sdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roll call. The Council as a whole must determine how it wants to deal with teleconferencing; it is not the prerogative of a single member of the Council. This is clear from the language in (b)(1) emphasized above, and is reinforced by the introductory language to subsection (b)(3) noted below. Although the original statutory provision referred only to video teleconferencing, the law now refers to teleconferencing by any electronic means, and in most instances the default method has been audio. 371 (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. The basic requirements set forth in order for a teleconference to be a legal method to conduct a meeting are: 1. All votes must be taken by roll call (see subsection (b)(2) cited above). 2. Agendas must be posted at all teleconference locations (see subsection (b)(3) cited below.) 3. The Council may provide several teleconference locations (see subsection (b)(4) cited above.) 4. Each teleconference location must be identified in the meeting notice and agenda (see subsection (b)(3) cited below.) 5. Each teleconference location must be accessible to the public (see subsection (b)(3) cited below.) 6. Members of the public must have the opportunity to address the City Council directly at each location (see subsection (b)(3) cited below.) 7. At least a quorum of the City Council must participate from locations within the City; there is a health authority exception that does not apply (see subsection (b)(3) cited below) 8. Meetings must be conducted in a manner that protects the statutory and constitutional rights of all participants (see subsection (b)(3) cited below.) (b) (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. Cities that allow teleconferencing have procedures for implementing it. Palo Alto has rules that "strongly discourage" teleconferencing and require a council or board member who wishes to do it to demonstrate that all of the requirements (location, accessibility, etc) can be met before allowing it. San Francisco's charter prohibits teleconferencing except under limited circumstances. The cities of Campbell, Mountain View, Saratoga, Los Gatos and Sunnyvale have allowed teleconferencing a few times in the last few years but do not have a formal policy on the issue. A copy of the Palo Alto and San Francisco policies are attached for your review. Logistically, staff will be able to accommodate teleconferencing with some modifications to current practices and equipment. The Clerk's office may need additional agenda preparation time to coordinate with the councilmember or hotel on the specifics of each event and this will vary depending on the location and facility available. The City Channel crew will be able to handle the technical aspects of the call and while the system will accommodate a teleconference currently, some modifications are required to provide an audio connection void of feedback. It is estimated these 372 technical modifications can be accomplished by the end of June. Approved for Submission by David W. Knapp, City Manager Attachments: A. Proposed Resolution B. City of Palo Alto Teleconferencing Policy C. City of San Francisco Teleconferencing Policy 373 RESOLUTION NO: 11 -2079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A POLICY FOR TELECONFERENCING DURING COUNCIL MEETINGS WHEREAS, Government Code 54953 permits a legislative body to use teleconferencing in connection with its meetings; and WHEREAS, the City Council hereby establishes guidelines for teleconferencing; NOW, THEREFORE, BE IT RESOLVED THAT: (1) The City Council procedures provisions concerning Telephonic Attendance shall apply solely to the City Council for the open and closed sessions of regular and special City Council meetings. (2) Telephonic attendance shall only be permitted when at least a quorum of the City Council participates from a location within the City. (3) The teleconference location shall be accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. (4) Members of the public who attend the meeting at the teleconference location shall have the same opportunity to address the City Council from the remote location that they would if they were present in Council Chambers. (5) The teleconference location shall be identified in the notice and agenda of the meeting. (6) The agenda shall be posted at all teleconference locations. (7) All votes taken during a teleconferenced meeting shall be by roll call. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3 rd day of May, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 374 ATTEST: City Clerk Mayor, City of Cupertino 375 0 City Council Procedures Handbook Closed Sessions can be part of regular or special n,e,-lings. Closed sessions are the only kuid of Council ineedrig that the public cannot attend. State law allows clod sessions to discuss pending litigation, employment issues, real estate negotiations and certain other matters. Members of [Kc public arc . permitted to make public comments on closed session matters, The CounciI rntLa make a public report after 1 he session when certain kinds of actions are taken. These are guidelines, not rules. The Council intends that City staff and Council Members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, xnfaimess, or the promotion of farm over substance, State law establishes a variety of mandatory mcenng rules the City must follow in order to assure open and public government, regardless of unusual situations and consequences. 13. General Requirements. 1. Regular meetings. a) Attendance Required. C nunciI Members, the City Clerk, City Attomcy, and Girt' Manager, along with any other city officers and depariment heads that have been requested to be present, shall take their regWar stations in the Council chamber at 7 :00 p.m, on the first, second and EWrd Mondays of each month, except dtQing the established Council vacation,."` The Council expects its members to attend regularly and notify the City Clerk of any plarumed absences. The Council may levy fines of up to $250.00 against Council mcmbers who willfully or negligently fail to attend meetin ! (t) Telephonic Attendance Of Council Members Al Council Meetings: The City Council Procedures provisions concerning Telephonic Altendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a C uacil meeting via telephonic appearance are acli - yely discouraged. Telephonic attendance shall crOy be permitted in the event of extraordinary e'v'ents such as a medical, family or similar emergency requiring a Council Member's absence. In addition, at least a quorum of the Council must participate from a location within the City (Government. Code Section 54953(b)(3)). 11-2 Ciiy Council rloccdwas Handbook (Revised I If I7M9) 376 ( W City Council Procedures Handbook If these two threshold requirement-, are met, the Council Mernher who will be appearing telephonically must ensure that: a. The meeting agenda identifies the teleconference loczdon and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the rneering, b. The teleconference location is open axed fully accessiblc to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities. ali of which must remain fully open and accessible throughout the 'meeting, without requiring identification or registration_ c, 'the teleconference technology used is open and filly accessible to all members of the public, including these with disabilities. d. Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council from the remote location thal they would if they were present in Counci] C'hambcrs_ e. The teleconference location must not require am admission fee or any payment for attendance. If the Council Member determines that any or all of these requirements camiol be met, he or she shall not participate in the meeting via teleconference, (2) Approved 'teleconference Guidelines for Council Members: a_ One week advance written wtice m ust be given by the Council Member to Lhe City Clerk's office; the notice muss include the address at which the teleconfermced meeting will rxccur, the address the Council packet should be rnai1ed to, who is to initiate the phone call to cst�blish the teleconference coTmection, and the phone number ul` the teleconference localion. Cellular telephones shall not be used to participate in teleconferenced meetings. H -3 City CAU nSil PloeedUCS IIandbook (Revised IV17X9) 377 would require a separate notice and posting of an agenda for a meeting of that particular committee. 3. Voting requirements Secret or anonymous ballots are prohibited Govt. Code § 54953(c); see generally Charter §§ 2.109, 4.104(a)(3); Admin, Code §§ 1.29, 67.1. Even if members of the policy body think that a public vorc on an item would be awkward or unpleasant, as sometirnes happens when the body is electing officers, the body must conduct a public vote. Only votes during closed sessions may occur in secret - and the body must disclose manor of those votes at the end of the dosed session. See Section TV(H)(1)(F) below. An absent member of a policy body may not vorc by proxy. See generally Charter §§ 2.104(b), 4,104(b); Admin. Code §§ 1.29, 67,16. The Brown Act and Sunshine Ordinance presuppose that members of policy bodies will render decisions at meetings. To permit an absent member to cast a vote without being at the meeting, by communicating the vote to another member or the clerk of the body, is inconsistent with these laws. Further, proxy voting is at odds with the City's requirement that members of appointive boards, commissions, and other units of government, and members of bodies created by legislation, be "Presen.t" at meetings. See Section LV(E)(4) below. Members of appointive boards, commissions, and other units of government, and members of bodies created by legislation, must vote on every matter before them, with two exceptions. As noted elsewhere in this Ouide, a member must not vote on a matter where the member's vote would violate a conflict of interest law. In addition, the body by a motion adopted by a majority of members present may excuse a member from voting for any reason. Charter §§ 2.104(b), 4.104 [b); Admin. Code § 1.29, For appointive boards, commissions, and other units of government, when determining whether action on an agenda item is approved, the policy body must count the vote based on the total number of seats comprising the body rather than the number of seats currently filled or number of members present. Charter § 4.104(b). The policy body's rules may provide For votes on procedural matters to be determined by a majority of the rn ernbers present, so long as a quorum is present. Charter § 4.104(b). The Charter does not define a "procedural" matter for this purpose, and context may be critical to the definition, if there is a question whether a particular vote is on a procedural matter, we recommend consulting the City Attorney's Office, preferably in advance of the meeting if the presiding officer or others anticipate that the question may arise. 4. Meetings by teleconference "Teleconference" means a meeting of a pal icy body, the members of which are in more than one location. connected by electronic means, through either audio or video, or both. Govt. Code § 5495(b) (4). Under the Brown Act, policy bodies may elect to meet by teleconferences, if certain requirements are satisFied. Govt. Code §§ 54953 {b) {1), (). But the Charter requires the physical presence at one meeting site of the members of appointive hoards, conunission% or other units of government, and the Administrative Code contains a similar preserve requirement for policy bodies created by legislation. Part three: Public re cords and meetings laws 113 378 Char § 4,104(b); Admin. Code§ 1,29. Therefore, these bodies may not meet by teleconference. Policy bodies not covered by the proscription against teleconferencing may elect to meet by teleconference iF the Brown Act's requirements are satisfied: Each teleconference location must be identified on the agenda; the agenda must be pos Led at each location; each location must be accessible to the general public and to disabled persons; members of the public must have an opportunity to address the rest of the body directly from each teteconference location; and during the teleconference at least a quorum of the body must participate from within the geographic boundaries of the City, Govt. Code §§ 54953(b)(3), 54961. As a practical matter, these requirements may be difficult to satisfy. There is ono exception to the Charter's proscription of teleconferencing. The voters have amended the Chaner to permit teleconferencing pursuant to ordinance when a member of a policy body is physically unable to attend a meeting in person, as certified by a health care provider, due to the member's pregnancy, childbirth, or relaLed condition, and also when a member is absent to care for his or her child after birth of the child, or alter placement of the child with the rnemher or the member's immediate family for adoption or Foster care. Charter §§ 4.1 0 4(b), 4,104(c). But the Board of Supervisors has not enacted an implemendrig ordinance. Sec also Charter §§ 2,104(x), (c) [parallel previsions applicable to the Board of Supervisors). 5. Text messaging dudng meetings Neither the Brown Act nor Sunshine Ordinance addresses text messaging during meetings, and there is no definitive case law on the subject. The City Attorney's Office strongly discourages the practice. Text messaging or use of other personal electronic communications devices during meetings is especially problematic when the policy body is holding an adjudicative hearing, such as a herring to grant or suspend a permit, that will aFfect individual private interes Ls. Text messaging during such a hearing could enable a member to surreptitiously communicate with one of the parties, or receive evidence or dirertion as to how to vote, from an outside party, that other members of the body and the parties do not see. These circumstances may undermine the integrity or the proceeding and raise due proccrss COncernS. Even outside the adjudicative context, text messaging or use of other personal electronic communications devices during any meeting of a policy body presents serious problems. The Brown Act and Sunshine Ordinance presume that public input during a meeting wilt be "on the record" and visible to those who attend or view a tape of the meeting. But members of the public will not observe the text messages that members of the policy body receive during the meeting, Hence the public will not be able to raise all reasonable questions regarding the basis for the policy body's actions. And Lext messaging among rnembei of the policy body concerning an agenda item or ether business of the body rould lead Lo an unlawful seriatim meeting in the midst of a formal meeting. Ol' course, text messages that policy body memhers send or receive during ,8 rneeting may have nothing to do with the body's business. But a member of the public observing the 124 Good Government Guide. 2010 -11 Edidon 379