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C246!PS!481258 Buubdinfou!C-!BQO!427.31.199!.!Ufsnjobujpo!pg Bhsffnfou272 Esbgu!Sftpmvujpo276 Nbq277 Tjy!mpu!tvcejwjtjpo!xjui!gpvs!ofx-!uxp.tupsz-!tjohmf!gbnjmz!ipnft qspqptfe!po!Dmfp!Bwfovf!)BQO!473.42.115*!cz!Ibcjubu!gps Ivnbojuz DD!Tubgg!Sfqpsu278 B/!QD!Sftpmvujpot281 C/!QD!Tubgg!Sfqpsu!ebufe!7.25.22295 D/!QD!Esbgu!Nffujoh!Njovuft!gps!7.25.2229: E/!Qmbo!Tfu2:2 Mfbhvf!pg!Dbmjgpsojb!Djujft!Boovbm!Dpogfsfodf!Tfqu/!32.34!jo Tbo!Gsbodjtdp Dpogfsfodf!Jogpsnbujpo315 3 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, July 5, 2011 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS –PRESENTATIONS 1.Subject:Presentation from the Housing Commission Recommended Action:Receive presentation Page:No written materials in packet POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS 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. 2.Subject:May 23 City Council minutes Recommended Action:Approve minutes Draft Minutes Page:9 4 Tuesday, July 5, 2011Cupertino City Council Cupertino Redevelopment Agency 3.Subject:June 7 City Councilminutes Recommended Action:Approve minutes Draft Minutes Page:13 4.Subject:June 21 City Council minutes -Special meeting Recommended Action:Approve minutes Draft Minutes Page:24 5.Subject:June 21 City Council minutes -Regular meeting Recommended Action:Approve minutes Draft Minutes Page:25 6.Subject:Payroll for period ending June 10, 2011 Recommended Action:Adopt Resolution No. 11- Draft Resolution Page:35 7.Subject:Payroll for period ending June 24, 2011 Recommended Action:Adopt Resolution No. 11- Draft Resolution Page:36 8.Subject:Accounts Payable for period ending June 10, 2011 Recommended Action:Adopt Resolution No. 11- Draft Resolution Page:37 9.Subject:Accounts Payable for period ending June 17, 2011 Recommended Action:Adopt Resolution No. 11 Draft Resolution Page:49 10.Subject:Accounts Payable for period ending June 24, 2011 Recommended Action:Adopt Resolution No. 11- Draft Resolution Page:60 5 Tuesday, July 5, 2011Cupertino City Council Cupertino Redevelopment Agency 11.Subject:Amend July 1, 2010 through June 30, 2012 Terms and Conditions of Employment for Cupertino Unrepresented (Management and Confidential) employees Recommended Action:Adopt Resolution No. 11- Staff Report Draft Resolution-A Draft Resolution-B Attachment A-1 Page:73 12.Subject:Alcoholic Beverage License, TGI Fridays, 10343 North Wolfe Road (Vallco Shopping Center) Recommended Action:Approve application for On-Sale General for Bona Fide Public Eating Place Staff Report Application for Alcoholic Beverage License Page:103 13.Subject:Alcoholic Beverage License, Cypress Hotel & Park Place Restaurant & Bar, 10050 South De Anza Boulevard (City Center) Recommended Action:Approve application for On-Sale General for Bona Fide Public Eating Place, Caterer's Permit, Controlled Access Cabinet Permit, and Portable Bar Staff Report Application for Alcoholic Beverage License Page:107 14.Subject:2011 Pavement Maintenance Project Recommended Action:Review bids and award contract for 2011 Pavement Maintenance Project, Project No. 2011-04, to the lowest responsible bidder Description:Staff recommends that Council review bids and award the construction contract for the 2011 Pavement Maintenance Project, based on bids to be received on June 30, 2011 Staff Report Attachment A, List of Streets to Receive Pavement Maintenance Treatment Attachment B, Contract for Public Works Page:111 15.Subject:Stormwater Management Facilities Operation and Maintenance Agreement, Villa Serra Apartments, a California Limited Partnership, County Assessor's Parcel Nos. 326-09- 072 and 326-09-073 Recommended Action:Adopt Resolution No. 11- Description:The property owner of this residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan Draft Resolution Original Map Page:119 6 Tuesday, July 5, 2011Cupertino City Council Cupertino Redevelopment Agency 16.Subject:Stormwater Management Facility Easement Agreement, Villa Serra Apartments, a California Limited Partnership, County Assessor's Parcel Nos. 326-09-072 and 326-09-073 Recommended Action:Adopt Resolution No. 11- Description:The property owner of this residential development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan Draft Resolution Original Map Page:128 17.Subject:Municipal Improvements, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN's 326-09-056, 326-09-029, 326-09-047 and 326-09- 048 RecommendedAction:Accept Municipal Improvements Description:The work included sidewalk, curb & gutter and driveway approach improvements Staff Report Map Page:141 18.Subject:Approval for an additional $25,000 in construction contingencies for the Garden Gate Safe Routes to School Project No. 2009-9549, for a total of $334,000 Recommended Action:Approve additional $25,000 in construction contingencies Staff Report Page:143 19.Subject:Summary easement vacation and Termination of Agreement, where City of Cupertino releases all of its interest, rights, obligations, duties, etc., acquired from an agreement recordedon October 17, 1974 Recommended Action:Adopt Resolution No. 11- Description:Adoption of a resolution summarily vacating an easement and terminating any interest held by the City over that certain property located north of Vallco Shopping Center, and immediately southwest of the intersection of I-280 and Wolfe Road, APN 316-20-088 Staff Report Attachment A, APN 316-20-088-Original Agreement -B135 OR 370 Attachment B, APN 316-20-088-Termination of Agreement Draft Resolution Map Page:145 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) PUBLIC HEARINGS 7 Tuesday, July 5, 2011Cupertino City Council Cupertino Redevelopment Agency 20.Subject:Six lot subdivision with four new, two-story, single family homes proposed on Cleo Avenue (APN 362-31-004) by Habitat for Humanity Recommended Action:Approve project. Description:Tentative Subdivision Map (TM-2011-01) to subdivide 0.30 acres into four lots and two common area lots for a single family residential development; Development Permit (DP-2011-02) and Architectural & Site Approval (ASA-2011-06)for four, two-story single family dwellings; Parking Exception (EXC-2011-06) to allow a parking ratio of 2 open stalls per dwelling, in lieu of the required 2.8 stalls (garage and open) per dwelling CC Staff Report A. PC Resolutions B. PC Staff Report dated 6-14-11 C. PC Draft Meeting Minutes for 6-14-11 D. Plan Set Page:167 UNFINISHED BUSINESS NEW BUSINESS 21.Subject:League of California Cities Annual Conference Sept. 21-23 in San Francisco Recommended Action:Designate voting delegate and up to two alternates Conference Information Page:204 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT 8 Tuesday, July 5, 2011Cupertino 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 locatedat 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. 9 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, May 23, 2011 ROLL CALL At 3:05p.m. Mayor Gilbert Wongcalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang (3:27 p.m.), Orrin Mahoney, and Kris Wang. Absent: none. STUDY SESSION 1.Subject:Study session on the FY 2011-2012 Budget Recommended Action:Conduct study session A.Budget Message City Manager Dave Knapp stated that the city’s budget was balanced for the next five years. He said it was a difficult task, given such challenges as thedeparture of HP next year, which will result in a loss to the city of about $1 million, and the likelihoodthat the Redevelopment Agency will go away, which would cost the city about $192,000.He noted that there had been ahiring freeze of about 10 positions, although no cuts had been made to programs, and there have been severe restrictions on the amount of general fund money going into the Capital Improvement Programbudget.Mr. Knapp highlighted some items included in the proposed budget, as shown in page 4 and 5 of the study session packet. B.Overview of Budget: Budget Projections 2010/11 Budget Projections 2011/12 Funded/New Programs Unfunded Programs Fiscal Strategic Plan Committee recommendations Administrative Services Director Carol Atwood reviewed a series of PowerPoint slides highlighting the budget and the proactive financial planning steps the city had taken. She also noted the following revenue assumptions: Property tax increases at 1% Sales tax increases at 4%. HP lossis reflected starting March of 2012 : May 23, 2011Cupertino City Council Page 2 Only one new hotel included in TOT projections, several years out. Charges for services are conservative She explained the selective hiring freeze and noted that the budget had absorbed about $192,000 in staffing charges that in prior years was included in the Redevelopment Agency budget. She said that the city continued, as it did last year, to deferpark and building maintenance, only approving about half of the projects in this budget. She highlighted other funding requests (as shown on page 5of the study session packet) that were not included in the proposed budget. Atwood recommended that the City Council increase the reserves to $14.4 million. She also highlighted a number of proposals from the Fiscal Strategic Plan Committee, including Continue legislative efforts on the TEA/ERAFinequity Consider a 2% increase to the hotel tax, which hasn’t been increased since 1991 Consider consolidating Sheriff’s services with DeAnza College Consider new reserve levels and funding priorities –infrastructurefirst, economic uncertainty second, $500,000 in undesignated reserves for as needed appropriations, and then the capital improvement projects. C.Departmental Budgets: Council and Commissions Administration/Attorney/PIO Administrative Services Law Enforcement Parks and Recreation Community Development Public Works Each department head reviewed his or her proposed budget line items. D.5 Year Capital Improvement Program (CIP) Public Works DirectorTimm Borden provided an overview of the Capital Improvement Program E.Questions and Answers Mayor Wong took up Council comments next. G.Council Comments: Operating Budgets Funded/New Programs Unfunded Programs Fiscal Strategic PlanCommittee recommendations 21 May 23, 2011Cupertino City Council Page 3 5 Year CIP Council members asked for additional information, including: A list of discretionary programs A breakdown of the Redevelopment staff time that was absorbed into the general fund budget The year when the current law enforcement contract will end. Actual cost of the last two elections Data on the number of golfers and why those numbers have dropped A list the festivals and how much the city spends on each one A detail of the City Council budget An explanation of the variation in cost for street cleaning F.Public Comments Donna Austin commended staffand recommended that the Council continue funding for the current library hours, if an increase is not possible, to complete the Stevens Creek Trail and creek restoration. She also spoke in favor of funding for the Cupertino Historical Society, and referred to a letter from Darryl Stow. It was noted that Eno Schmidt had earlier been present to speak in support of extra library hours, but had to leave the meeting. Mark Fink, Cupertino Librarian, thanked the Council on behalf of staff and the public for supporting additional library hours and maintaining current support for next fiscal year. He referred to a letter from Deputy County Librarian Derrick Wolfgram, and said if the City Council could fund an additional six hours a week, which would cost about $123,000,there would be great support. Jan Rindfleisch, Director of the Euphrat Museum, gave a brief PowerPoint presentation about the community activities sponsored by the museum. She thanked the City Council for its support in prior years and asked the Council to maintain the $15,000 in last year’s budget. Diana Argabrite, the Arts in Schools representative at DeAnza College, said thatthe museum serves everyonefrom preschool age to the senior center and asked for the Council’s continued support. Jennifer Griffin expressed her support for the orchard care and the Sterling Barnhart Park. She encouraged the City Council to continue maintenance of street trees and sidewalks, and to keep the Lawrence/Mitty Park on the books for future development. After the public comments, severalCouncil members expressed the need to review and prioritize all outstanding Capital projects and asked for that information for the next upcoming budget public hearing. 22 May 23, 2011Cupertino City Council Page 4 ORAL COMMUNICATIONS-None CLOSED SESSION 2.Subject:Public Employee Performance Evaluation (Government Code 54957); Title: City Manager Page:No written materials in packet At 6:32 p.m., Council recessed to a closed session to conduct the performance evaluation. The Council reconvened at 9:00p.m. ADJOURNMENT At 9:00p.m., the meeting was adjourned to 3:30 p.m. on Tuesday, May 24, 2011, in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, for Teen Commission interviews. ____________________________ Kimberly Smith, City Clerk Staffreports, 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 atwww.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. 23 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 7, 2011 ROLL CALL At 6:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: Vice Mayor Mark Santoro. CLOSED SESSION 1.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 in packet 2.Subject: Conference with Real Property Negotiator (Gov’t Code 54956.8); Property: 20488 Stevens Creek Blvd, # 2214, Cupertino, CA; Negotiators: Vera Gil and Aarti Shrivastava; Under negotiation: terms Page: No written materials in packet At 6:00 p.m. Council recessed to a closed session on these two items, and reconvened in open session at 6:45 p.m. Mayor Wong reported that on item No. 1, Council voted unanimously to accept the offer as presented for real property located at 10346 Scenic Circle Boulevard, Cupertino, and that the item would be placed ona futureagenda for approval. For item No. 2,Wong reported that council gave directionto the real property negotiator at this time. PLEDGE OF ALLEGIANCE At 6:45 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 and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: Vice Mayor Mark Santoro. 24 June 7, 2011Cupertino City Council Page 2 CEREMONIAL MATTERS –PRESENTATIONS 3.Subject:Proclamations recognizing students who have been awarded the Organization of SpecialNeeds Families (OSF) Presidential Award Recommended Action:Present proclamation LihueiWei thanked the council for recognizing the OSF volunteers and thanked the volunteers for their efforts to provide enrichment programs for children with special needs. Mayor Wong presented the proclamations to each of the volunteers. 4.Subject:Recognition and acknowledgment ofLeadership 95014 class of 2011 Acting Parks and RecreationDirectorJulia Lamythanked the council for their support of the program. Students from the class spoke about their experience and said that the program was very interactive, bothwithin the class and in the community. It also provided networking opportunities, offered goodleadership training,and was a rewarding experience. Mayor Wong recognized the Leadership 95014 participants. 5.Subject: Proclamation forTeam Portal Flaming Falcons, fifth grade students from Murdock- Portal Elementary School, for their participation in the DestinationImagination (DI) Global Finals Mayor Wong presented proclamations to thestudents from Murdock-Portal Elementary School. 6.Subject: Proclamations recognizing the Santa Clara Valley History collaborative Mayor Wong presented proclamations to the Cupertino Historical Society, the Cupertino Library Foundation,and the Santa Clara Valley History Collaborative. 7.Subject: Presentation from the Fine Arts Commission The Fine Arts Commission representative was not able to attend this meeting, and no presentation was given. POSTPONEMENTS Item No. 27, abatement of brush, was tabled. The properties in question hadbeen re-inspected and all the brush had been removed, so no action was needed. WRITTEN COMMUNICATIONS The City Clerk distributed copies of contracts for street sweeping, janitorial, and crossing guard services (Item Nos.30, 31, and 32)and copies of maps related to redistricting for elections (Item No. 24). 25 June 7, 2011Cupertino City Council Page 3 ORAL COMMUNICATIONS SteveJobs, Apple Inc.,gave a presentation regarding a new campus in Cupertino expected to be builton the former Hewlett Packard site and an additional property adjacent to it. Mr. Jobs stated that theyplan to have 12,000 people working in theproposed four-story building. They planned would like to double the amount of landscaping, provide an underground parking garage, build an additional parking structure nothigher than four stories high. He hoped they would be able to move into the facility in 2015.Councilmembers expressed their appreciation to Mr. Jobs for his desire to build Apple’s new campus in Cupertino. Ruby Elbogen announced that the Relay forLifeevent, a 24-hour relay for cancer researchwould be held onJuly 16-17 at the DeAnza College track. She noted that entertainment would be available throughout the event and invited everyone attend. Kim Firmupdated the council about the 2-1-1 referral phone numberand provided a description of the program.She also provided council with a hand out with information about 2-1-1 services. CONSENT CALENDAR Wangmoved and Mahoney secondedto adopt the consent calendar items as proposed, with the exception of item No. 24, which was pulled for discussion. The motion carried by the following vote: AYES: Chang, Mahoney, Wang, and Wong.Noes: None. Absent: Santoro. 8.Subject:May 3 City Council minutes Recommended Action:Approve minutes 9.Subject: May 17 City Council minutes Regular Meeting Recommended Action: Approve minutes 10.Subject: May 17 City Council minutes Special Meeting Recommended Action: Approve minutes 11.Subject: May 25 City Council minutes Recommended Action: Approve minutes 12.Subject: Accounts Payable for period ending May 13, 2011 Recommended Action: Adopt Resolution No. 11-080 13.Subject: Accounts Payable for period ending May 20, 2011 Recommended Action: Adopt Resolution No. 11-081 14.Subject: Payroll for period ending May 13, 2011 Recommended Action: Adopt Resolution No. 11-082 26 June 7, 2011Cupertino City Council Page 4 15.Subject: Payroll for period ending May 27, 2011 Recommended Action: Adopt Resolution No. 11-083 16.Subject: Improvement Agreement, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357-15-036 Recommended Action: Adopt Resolution No. 11-084 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 17.Subject: Improvement Agreement, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342-29- 036 Recommended Action: Adopt Resolution No. 11-085 Description: Through the improvement 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 18.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357-15-036 Recommended Action: Adopt ResolutionNo. 11-086 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 19.Subject: Quitclaim Deed and Authorization for Underground Water Rights,Kelly-Gordon Development Corp., 10239 Amelia Court, APN 326-17-063 Recommended Action: Adopt Resolution No. 11-087 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 20.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10239 Ainsworth Drive, APN 326-17-064 Recommended Action: Adopt Resolution No. 11-088 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 21.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10231 Amelia Court, APN 326-17-062 Recommended Action: Adopt Resolution No. 11-089 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 22.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342-29-036 Recommended Action: Adopt Resolution No. 11-090 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 27 June 7, 2011Cupertino City Council Page 5 23.Subject: Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342-17-109 Recommended Action: Accept Municipal Improvements Description: The work included curb and gutter improvements ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 24.Subject: Consider making a recommendation to the County of Santa Clara Board of Supervisors regarding redistricting Wong reported that the Santa Clara County Boardof Supervisors met at 1:30 on June 7 and that thecounty’snext meeting regarding redistrictingwould beat 1:30 p.m. on June 21. Mahoney updated the council and described each of the four maps the county is considering. Jennifer Griffin thanked the council for reviewing the issue. Mahoney preferredmaps one and two to leave Cupertino the wayit is. He also supportedthe Jackie map. Wong supported maps one and two. Wang supportedmap one. Chang supportedmap one and the Jackie map Mahoney moved and Chang seconded to report back to the Board of Supervisors that the Council had reviewed the four maps that the Board intends to discuss on June 24; and based upon City Council review, and the city’s previous issues with the communities ofinterest, the Council supported Map 1 and the Jackie map, but not the Kniss map nor the Sunnyvale E map. Wong offered a friendly amendment to specify that community of interest includedthe foothills, high tech jobs, the school districts, LehighCement,the County Sheriff’s Office, and Santa Clara County library services. Mahoney and Chang accepted the amendment. Wang offered a friendly amendment tosupport Map 1 and the Jackie map but also to but urge supervisors to also lookinto making the population evenin each region,if possible. Mahoney and Chang accepted the friendly amendment. The final motion was to unanimously endorse Map 1, to include the communities of interest as discussed, and also endorse the Jackie map, in spite of the Council’sconcern about the imbalance in the populations of the various regions. The motion carried unanimously, with Council member Santoro absent. Mayor Wong re-ordered the agenda to hear item new business item No. 29 next. 29.Subject: Consider cosponsoring and granting a fee waiver to the United States Army for an event to be held on June 14, 2011 Recommended Action: Approve request Public and Environmental Affairs Director Rick Kitsonreviewed the staff report. 28 June 7, 2011Cupertino City Council Page 6 Major Farren described the purpose of the Citizens Advisory Board. She noted that these advisory councils are leaders in the community who can advise themabout the communities’ prioritiesand how they can be most effective supporting thepriorities. Chang moved and Wang seconded to waive the fee, which is approximately $320,and to co- sponsor the Silicon Valley Citizens Advisory Board event with in-kind staff support. The motion carried unanimously with Santoro absent. PUBLIC HEARINGS 25.Subject:Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2011-2012 Mayor Wong opened the public hearing. There were no speakers and the hearing was closed. Mahoney moved and Wang seconded to adopt Resolution No. 11-091. The motion carried unanimously, with Santoro absent. 26.Subject: Fiscal Year 2011/12 Budget Recommended Action: Review annual budget and receive public comments before adoption on June 21, 2011 City ManagerDavid Knappreviewed the staff report. TwanaKarney, Green at Home Coordinator,reported that they have trainedover 397 volunteers over five cities, and that residents have saved $50-$86 dollars per year. She thanked the city for its foresight to join other cities receiving services. Mark Fink, Cupertino Librarian, thankedthe city for supporting current funding of 10hours per week in the proposed budget. He noted that funding for an additional 6hours would be appreciated. Mr. Fink also shared upcoming changes in the county library district. He indicated that there would not be any impact to residents covered in the county system, but residents who reside outside the county system will need to purchase a library card for $80 per year to check out materials or to have unrestricted computer use.Those attending school whereboundaries overlap Cupertino’s district canhave a free, limited-use card. The changes becomeeffective onJuly 1. Derek Wolfgramalso spoke regarding the projected income from the purchase of library cards and indicated that the amount is not expected to be enough to make very much difference in the overall budget. Jan Rindfleisch, Director of the Euphrat Museum of Art, urged council to approve the Euphrat’s $15,000 request and thanked the city for the past year’s contribution. Jennifer Griffin wanted to see the city create as many parks as possible and supports funding forsidewalks and trees. 29 June 7, 2011Cupertino City Council Page 7 Wang requested that the COPS grant be included for the second School Resource officer on a contingency basis. Wang also noted that she’d like to see more content in the Cupertino Scene about green programs, and to identify options for reducing costs and delivery options.Staff said they wouldidentify and report back with other ideas about Scene, such as including an insert in the local newspaper. Mahoney requested that funding for the Euphrat Museum be returned to the $15,000 level. Chang requested that $50,000 be added to the budget to fund an independent study about Lehigh Cement Plant, adding funding forsix additional library hours, adding $50,000 to collect health dataassociated with Lehigh, and $15,000 in funding for the Euphrat Museum. Wong requested adding “Our City Forest”, additionalcrossing guards within the city limits, spruce up the tree in front of the Quinlan Center during the holidays, and funding for an additional six hours for the library. Council requested clarification for the following: -Breakdown of fireworks event -Breakdown of festival funding with prior year expenditures included. -Contracting with Marsha Hovey Mahoney stated that hewould like to hear from any advocates regarding capital projects, such as adog park. He expressed interest in hearingmore from anyoneinterested inany of the capital projectsand felt it was important toreach out to constituenciessuch as the Chamber to make sure they are being represented. Council recessed from 10:25 to 10:35 p.m. UNFINISHED BUSINESS-None NEW BUSINESS 27.Subject:Objections to proposed removal of brush and order abatement of public nuisance Recommended Action:Adopt Resolution No. 11-092 Description:City-wide brush abatement pursuant to provisions of Ordinance No. 724 and Resolution No. 11-079 TheCity Clerk reported that theproperties in question had been re-inspected and all the brush had been removed, so no action was needed. Wang moved and Mahoney seconded to table this item. The motion carried unanimously, with Santoro absent. 2: June 7, 2011Cupertino City Council Page 8 28.Subject:Adopt a resolution calling a General Municipal Election on Nov. 8, 2011, to fill two City Council seats Recommended Action: Adopt Resolution No. 11-093 Description: Kris Wang will be termed out and Gilbert Wong is eligible to run for one additional four-year term Mahoney moved and Chang seconded to adopt Resolution No. 11-093. The motion carried unanimously with Santoro absent. 30.Subject: 2011 Contractual Street Sweeping Services Recommended Action: Review bids and award contract for Street Sweeping Services, Project No. 2011-02 to Contract Sweeping Services, Inc. in the amount of $117,097.68, and approve a contingency of $20,000 to cover extra sweeping that may be required on the commercial route, for a total of $137,097.68 Assistant Director of Public Works Roger Lee reviewedthe staff report. Mahoney moved and Wangseconded to award the contract to Contract Sweeping Services, Inc. as proposed. The motion carried unanimously with Santoro absent. 31.Subject: 2011 Contractual Janitorial Services Recommended Action: Review bids and award contract for Janitorial Services, Project No. 2011-01 to Clean Innovation, Inc. in the amount of $373,800.00 Assistant Director of Public Works Roger Lee reviewed the staff report. Wangmoved and Mahoney seconded to award the contract to Clean Innovation, Inc.The motion carried unanimously with Santoro absent. 32.Subject: 2011 Contractual Crossing Guard Services Recommended Action: Review bids and award contract for Crossing Guard Services, Project No. 2011-03 to American Guard Services, Inc. in the amount of $118,540.80 Assistant Director of Public Works Roger Lee reviewed the staff report. Mahoneymoved and Changseconded to award the contract to American Guard Services. The motion carried unanimously with Santoro absent. 33.Subject: Schedule study session to consider Capital Improvement Projects (CIP) Recommended Action: Consider one of the following dates for the study session: June 13 at 3pm, June 15 at4pm, or June 21 at 4pm in Community Hall Jennifer Griffin expressed concerned about status of the potential purchase of the Lawrence Mitty Park. City Manager David Knapp gave a brief update regarding thehistory of the Lawrence Mitty property. 31 June 7, 2011Cupertino City Council Page 9 Council concurred to meet on June15at 6:45p.m. Mahoney moved and Chang seconded to schedule astudy session to discuss CIP projects on June 15 at 6:45 p.m.The motion carried unanimously with Santoro absent. ORDINANCES 34.Subject:Second reading of Ordinance regarding stop sign on Bandley Drive at Mariani Avenue Recommended Action:Conduct second reading and enact Ordinance No. 11-2078: “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 Mahoneymoved and Wangseconded to read ordinance No. 11-2078by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang,Mahoney, Wang, and Wong. Noes: None.Absent: Santoro Mahoneymoved and Wangseconded to enact Ordinance No. 11-2078.Ayes: Chang, Mahoney, Wang, and Wong. Noes: None.Absent: Santoro STAFF REPORTS COUNCIL REPORTS Mahoney invited everyone to attend the WorldJournal Father’s Day event June 19 at Memorial Park. Chang reported that he attended anad hoc committee meeting between the City of Los Altos, the Town of Los Altos Hills,and the California Regional Water Quality ControlBoard regarding Lehigh Cement.He noted that the water board didnot attend the meeting. He also expressed concern thatLehigh pollutes the air and does not provide notice to Cupertino. He stated that he would be attending ameeting in Sacramento regarding public hearings. Mahoney noted that Lehigh held a press conference regarding its implementation of anew process for eliminating mercury by 90% twoyears in advance of the new EPA requirements. Wong attended the Quota Club boardinstallationof new president, DeAnza College’s new child development center, and CREST Awards. Wongreminded council of the June 21 redistricting meeting at the county and requested that council keep their calendars open to begin the June 21 council meeting at3:00 p.m. if needed for budget. 32 June 7, 2011Cupertino City Council Page 10 ADJOURNMENT At 11:25 p.m., the meeting was adjourned to Wednesday, June 15 beginning at 6:45 p.m. for a special study session to discuss capital improvement project priorities, Cupertino Community Hall,10350 Torre Avenue. ____________________________ Kimberly Smith, City Clerk Staffreports, 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 99and are available at your convenience atwww.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. 33 June 7, 2011Cupertino City Council Page 11 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 mustcomply 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. 34 DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, June 21, 2011 ROLL CALL At 5:45p.m. Mayor Gilbert Wongcalled the specialmeeting to order in the Council Chamber, 10350 TorreAvenue, Cupertino, California. Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION 1.Subject:Conference with legal counsel –Significant Exposure to Litigation (Gov’t Code 54946.9(b)(1)) -1 case. At 5:45p.m. Council went into closed session to discuss this item. Council reconvened in open session at 6:45p.m.duringthe regular City Council meeting. Mayor Gilbert Wong announced that Council obtained briefing from legal counsel and gave instructions. ADJOURNMENT At 6:45p.m., the special meeting was adjourned. ____________________________ Grace Schmidt, DeputyCity Clerk Staffreports, 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 atwww.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. 35 DRAFT MINUTES CUPERTINO CITY COUNCIL Cupertino City Council & Cupertino Redevelopment Agency ~ Joint Regular Meeting Tuesday, June 21, 2011 CITY COUNCIL & REDEVELOPMENT AGENCY JOINT MEETING ROLL CALL City Council members present: Mayor GilbertWong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: ChairGilbert Wong, Vice-Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION 1.Subject:Conference with Real Property Negotiator (Gov’t Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiator: Timm Borden; Under negotiation: terms Page:No written materials in packet At 6:00 p.m. Council went intoclosed session to discuss this item. Council reconvened in open session at 6:45p.m. Mayor Gilbert Wong announced that Council obtained briefing by real property negotiators. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wongcalled the joint regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Redevelopment Agency members Present: ChairGilbert Wong, Vice-Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. 36 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency CEREMONIAL MATTERS –PRESENTATIONS WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted the following written communications: Comprehensive list of Proposed Budget follow-up items, item number 10 CIP Status Report, item number 10 (already received) CIP cover memo staff report, item number 10 CIP summary, item number 10 Proposed 5-year CIP, item number 10 Proposed 5-year CIP no change, item number 10 Staff report regarding printing options for the Cupertino Scene, item number 10 Email from Andy Huang, Vice Chair of the Public Safety Commission regarding a budget request for the AlertSCC system, item number 10 Letter from the Mayor of Mountain View regarding funding for Deer Hollow Farm, item number 10 Email from Debbie Textorat the Cupertino Union School District supporting Linda’s Rios’s position in the District, item number 10 Email from Jan Rindfleisch regarding funding for the Euphrat Museum of Art, item number 10 Email from Shabbir Nomanbhoy regarding fixing the Linda Vista ponds, item number 10 Email from Betsy Dougherty supporting a dog park in the City, item number 10 Email from Suzette Pangrle supporting a dog park in Cupertino, item number 10 Information from the Cupertino Chamber of Commerce regarding a break-down of services performed and a list of programs partnered with the City, item number 10 Appealand test resultsfor Connie Linh Nguyen, item number 11 Applications of Technology Commission candidates interviewed previously, item number 15 ORAL COMMUNICATIONS Dennis Whittaker said he was concerned about traffic on De Anza and Wolfe Rd. with the new Apple building to house12,000employees. He urged Council to plan and negotiate with Apple for decent traffic mitigation when the new building is built. He answered questions from Council. Mayor Wong reordered the agenda to take up item number 16 next. 16.Subject:Consider canceling a meeting(s) in summer Recommended Action:Provide direction to staff Deputy City Clerk Grace Schmidt reviewed the staff report. 37 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency Jennifer Griffin said she has issues with eliminating story poles in all sloped lots areas in the City and urged Council not to rush the R1 ordinance. She said she doesn’t think it will be ready in August and to allow as much time as possible to hear itand to keep that in mind when considering canceling meetings. Mahoney moved and Santoro seconded to cancel the July 19 City Council meeting. The motion carried with Chang voting no. Mayor Wong reordered the agenda to take up the Consent Calendar next. CONSENT CALENDAR Mahoneymoved and Wangseconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2.Subject:Accounts Payable for period ending May 27, 2011 Recommended Action:Adopt Resolution No. 11-094 3.Subject:Accounts Payable for period ending June 3, 2011 Recommended Action:Adopt Resolution No. 11-095 4.Subject:Grant of Easement for Roadway Purposes, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342-29-036 Recommended Action:Adopt Resolution No. 11-096 Description:The property owner of this residential development agrees 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 5.Subject:Grant of Easement for Roadway Purposes, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357-15-036 Recommended Action:Adopt Resolution No. 11-097 Description:The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the rightto construct, operate, repair and maintain public utilities and improvements, over a portion of the property 6.Subject:Municipal Improvements, Sridhar Obilisetty and Jayanthi Sridhar, 10171 Lebanon Drive, APN 342-14-008 Recommended Action:Accept Municipal Improvements Description:The work included sidewalk, curb & gutter, and underground utilities 7.Subject:Municipal Improvements, Roger Low and Jinling Low, 21988 McClellan Road, APN 356-08-027 Recommended Action:Accept Municipal Improvements Description:The work included sidewalk, curb & gutter and driveway approach improvements 38 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency 8.Subject:Ratify the sale of property located at 10346 Scenic Blvd., Cupertino, California Recommended Action:Adopt Resolution No. 11-098 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) Mayor Wong reordered the agenda to take up Postponements next. POSTPONEMENTS Deputy City Clerk Grace Schmidt saidthat staff requested a postponement of item number 9to August 2 andthat item number 13 be droppedfrom the agenda. Public Works Director Timm Borden saidthat since Council had just taken the action to cancel the July 19 meeting, item number 12 could be dropped from the agenda. He noted that the award ofcontract for that item would be heard on July 5. Mahoney moved and Santoro seconded to postpone item number 9 to August 2, and drop item numbers 12 and13 from the agenda. The motion carried unanimously. PUBLIC HEARINGS 9.Subject:Municipal Code Amendment to Chapter 19.28 Recommended Action:Postpone to August 2 Description:Applications: MCA-2011-03, EA-2011-05; Amendment to Chapter 19.28, R1 Zones to improve readability and consistency and to evaluate the requirements for Sloped SingleFamily Residential Lots, the 2-story design review process, public noticing & story poles; Applicant: City of Cupertino; Location: Citywide Under postponements, this item was postponed to August 2. 10.Subject:Conduct public hearing and adopt Fiscal Year 2011-12 Budget Recommended Action: a. Grant a negative declaration b. Adopt Resolution No. 11-099 establishing an Operating and Capital Budget for Fiscal Year 2011-12 c. Adopt Resolution No. 11-100 establishing an Appropriation Limit for Fiscal Year 2011-12 d. Adopt Resolution No. 11-101 establishing an Operating Budget for the Redevelopment Agency for Fiscal Year 2011-12 Written communications for this item included: Comprehensive list of Proposed Budget follow-up items CIP Status Report CIP cover memo staff report CIP summary Proposed 5-year CIP 39 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency Proposed 5-year CIP no change Staff report regarding printing options for the Cupertino Scene Email from Andy Huang, Vice Chair of the Public Safety Commission regarding a budget request for the Alert SCC system Letter from the Mayor of Mountain View regarding funding for Deer Hollow Farm Email from Debbie Textor at the Cupertino Union School District supporting Linda’s Rios’s position in the District Email from Jan Rindfleisch regarding funding for the Euphrat Museum of Art Email from Shabbir Nomanbhoy regarding fixing the Linda Vista ponds Email from Betsy Dougherty supporting a dog park in the City Email from Suzette Pangrle supporting a dog park in Cupertino Information from the Cupertino Chamber of Commerce regarding a break-down of services performed and a list of programs partnered with the City Mayor Wong opened the public hearing. Andy Huang spoke on behalf of the Public Safety Commission (PSC) regarding the Alert SCC system. He explained that last October, the PSC initiated an Alert SCC awareness program with the target of doubling the sign-up rate from 2% to 4%. They ended up with a 6% sign-up rate. The PSC established a more challenging target rate of 12% for 2012. In order to accomplish this rate, he proposed a Citywide Alert SCC awareness program which would focus on the schools. During the fall, students would be encouraged to promotesign- ups within their families, other students, and friends. Monetaryprizes would be awarded to classes and students with the greatest sign-up rate, and a grand prize of $1,000 would be given to the school with the greatest sign-up rate. He asked Councilfor a proposed budgetof $15,000which would be $1,000per school for the 14 schools and the additional$1,000as the grand prize money. Jan Rindfleischasked Council to continue the $15,000 funding for the Euphrat Museum, the same as last year,and encouraged Council to make this an on-going funding every year. She noted that the Euphrat Council would be putting on a live and silent art auction at the Cupertino Community Hall on Friday, June 24. Cupertino Librarian Mark Fink thanked Council for past funding for 10 hours of library service each week and said he looks forward to receiving that same funding for this year. He asked Council to support an additional 6 hours of library service to open at 10:00a.m.instead of 1:00 p.m. on Mondays and Tuesdays.He also noted that some policy changes would occur on July 1 which would help to increase accessibilityof the library for Cupertino residents. Ravi Patherk, Director of the Cupertino Library Foundation, says he sees the future of the Cupertino Library as being the best in the nation and urged Council to considerfunding the extra 6 hours for library service. 3: Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency Bev Lenihan, Board member of the Cupertino Library Foundation,askedCounciltoextend library service another 6 hours in itsbudget considerations. She answered questions from Council. Donna Austin said that she hadnoticed people lining up to getinto the library in the early mornings before it opened and couldsee how important it wasto have the additional 6hours of library service. She answered questions from Council. Daniel Nguyenadvocated for increased City services for crossing guards, library hours, and to help keep Marsha Hovey on a little longer in order to ease the transitionfor emergency preparedness. He encouraged Council to support funding for those items. Jennifer Griffinsaid that her priorities are maintaining street trees and sidewalks and she thanked Councilfor keeping the Lawrence Mitty Park in the budget for future funding.She also urged Council to promote apositive environment for historical buildings and to add plaques to those places.She also encouraged funding for Deer Hollow Farm. Ann Stevenson, Chair of Library Commission, provided individual input from each of the Commission members regarding increasing the library hours. Vice Chair Adrian Kolb is out of town; Commissioner Tsai was in favor of the extra 6 hours and an increase in the TOT tax; Commissioner Grimes was open to the extra 6 hours and suggested Council asking the Commission to study the proposal and make a recommendation to Council; Commissioner Miller and she were in support of the extra library hours. She thanked Council for the on- going support for the 10 additional hours to keep the library open 7 days a week. Kevin McClellandfrom the Chamber of Commerce introducedMark Matsumotowho is heading up the Government Affairs desk at the Chamber. He directed Council’s attention to the handout distributed earlier from Mr. Matsumoto regarding material and programs operated through the Chamber on behalf of the City. Mayor Wong closed the public hearing. Council asked questionsof Mark Fink andstaff. Councilrecessed from 9:50 p.m. to 10:05p.m. Council took straw votes on the list of possible items to be added to the Operationaland Capital budgets.See chart below: Dollar Budget Item Santoro Mahoney Wang Wong Chang AmountVoteVoteVoteVoteVote $15,000Alert SCC $125,000Library Hours 41 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency Dollar Budget Item Santoro Mahoney Wang Wong Chang AmountVoteVoteVoteVoteVote $30,000Crossing Guards $5,000Holiday Decorations $20,000Lehigh Water Quality Study $9,000Euphrat Museum $75,000Linda Vista __ Ponds $200,000Additional Pavement Management $50,000McClellan __ Ranch/Simms Master Plan $250,000Fenced Dog __ Park $0 adopted; Lehigh ________ $50,000Health Study proposed $0 adopted; Our City ______ $10,000Forest proposed Mahoney moved and Santoro seconded to adopt the Fiscal Year 2011-12 Budget as recommended with the changes to the Operating and Capital Budgetsas noted in the chart above. In order to balance the budget, the assumption was made that the City would receive the COPS grant for $100,000and that staff should use savings, additional revenues, or reserves discussed such as the $95,680 in savings identified since the proposed budget date, $30,000 from the electric vehicle charging station, $150,000 from the Wilson Park irrigation system project, $230,000 from the McClellan Ranch Blacksmith Shop,approximately $1,250,000home sale proceeds, and property tax and insurance expenses saved because of the home sale . The motion carried with Chang voting no. UNFINISHED BUSINESS-None Council recessed from 11:02 p.m. to 11:08 p.m. 42 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency NEW BUSINESS 11.Subject:Consider the appeal of Code Enforcement’s denial of Massage Permit Application No. 11-000165, Connie Linh Nguyen Recommended Action:Uphold staff’s decision to deny Massage Permit Application No. 11- 000165, Connie Linh Nguyen Written communications for this item included an appeal and test results for Connie Linh Nguyen. Code Enforcement Officer Gulu Sakhranireviewedthe staff report. Wang moved and Mahoney seconded to continue the item and contact the appellant to present herself for the appeal hearing. The motion failed with the following vote: Ayes: Wang and Mahoney. Noes: Santoro and Change. Abstain: Wong. Chang moved and Santoro seconded to grant the appeal withthe condition that the applicant must have a translator and pay for the cost to retake the exam. The motion carried with Mahoney and Wang voting no. 12.Subject:Award of contract for 2011 Pavement Maintenance Project Recommended Action:Authorize Director of Public Works to award construction contract Description:Staff recommends that Council authorize the Director of Public Works to award the construction contract for the 2011 Pavement Maintenance Project, based on bids to be received June 28, 2011 Under postponements, this item was droppedfrom the agenda.The award ofcontract will be heard on July 5. 13.Subject:Terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees Recommended Action:Adopt Resolution No. 11-102 amending the Unrepresented Compensation Program and Resolution No. 11-103 amending the Administrative Rules and Regulations of the Personnel Code Under postponements, this item was dropped from the agenda. 43 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency 14.Subject:Transient Occupancy Tax ballot measure Recommended Action:Do one of the following: a. Adopt Resolution No. 11-104 submitting to the voters at the November 8, 2011 General Municipal Election an ordinance increasing the transient occupancy tax paid by hotel guests from10% to 12%; or b.Defer the measure at this time and direct staff to undertake further study and report back with options regarding such a measure at a future election Finance Director David Woo reviewedthestaff report. BrianGodbefrom Godbe Research gaveaPowerPoint presentationon the results of the TOT voter survey.He highlighted research objectives; methodology; initial ballot test; top features of the measure; top messages in support of the measure; and final ballot test including subgroup comparisons. He concluded that the survey found strong voter support for a transientoccupancy tax increase measure to maintain and protect general City services and recommended that the City of Cupertino move forward with placing the measure on the November 2011 ballot. He also encouraged a voter information program should Council decide to place a TOT measure on the ballot. Chang moved and Mahoneysecondedto adoptResolution No. 11-104 to place the measure on the ballot. The motion carried with Wang voting no. 15.Subject:Unscheduled vacancy on Technology, Information, and Communications Commission (TICC) with a term ending January 2015 Recommended Action:Do one of the following: a. Appointat this meeting one of the previously interviewed candidates; or b.Direct staff to continue advertising to accept additional applications, and schedule an interview date Written communications for this item included applications of TICC candidates interviewed previously. Deputy City Clerk Grace Schmidtreviewed the staff report. Council recessed from 12:15 a.m. to 12:20 a.m. Mahoneymoved and Chang seconded toappoint Beverly Siegel to a full term ending January 2015. The motion carriedwith Wang abstaining. ORDINANCES STAFF REPORTS COUNCIL REPORTS 44 Tuesday, June 21, 2011Cupertino City Council Cupertino Redevelopment Agency ADJOURNMENT At 12:32a.m.on Wednesday, July 22, the meeting was adjourned. ____________________________ Grace Schmidt, DeputyCity Clerk Staffreports, 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 atwww.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. 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 5: 61 62 63 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 7: 81 82 83 OFFICE OF ADMINISTRATIVE SERVICES DJUZ!IBMM 21411!UPSSF!BWFOVF!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4331!!GBY;!!)519*!888.4477 CITY COUNCIL STAFF REPORT Meeting:July 5, 2011 Subject Amendthe terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees. Recommended Action Adopt Resolutions amending the July 1, 2010 through June 30, 2012 terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees. Description The City currently has two year agreements in place with the Cupertino Employees Association (CEA),the association representing clerical, technical and professional employees,Operating Engineers Local Union No. 3, AFL-CIO (OE3), the bargaining unit representing public works maintenance employees, Unrepresented (Management and Confidential) Employees and City Attorney Employees. The negotiated packages expire on June 30, 2012. In conjunction with the upcoming fiscal year, twominor changes areproposed that affect the Cupertino Unrepresented (Management and Confidential) Employee group only. 1.Title change for the position of Executive Assistant to the City Attorney to that of Legal Services Manager. This change will more appropriately reflect the current job duties of this position. Our survey of other cities indicate that this title change will not affect the salary scale and no proposal is being made to change salary or benefits as a result of this title change; and 2.Title change for the position of Public Communications Manager to that of Public and Environmental Affairs Director. This change was done several years ago but was not updated in the attached document in July 2010. The following resolutions arerecommended to implement the above terms and conditions of employment: a.Amending the Unrepresented (Management and Confidential) Employees’ Compensation Program,Resolution No. 11-. 84 Prepared by:Carol Atwood Approved for Submission: David W. Knapp, City Manager Attachments: ATTACHMENT A: Draft Resolution Amending Unrepresented Employees’ Compensation Program ATTACHMENT B: Draft Resolution Directing the City Manager to Amend the Administrative Rules and Regulations 2 85 ATTACHMENT A RESOLUTION NO. 11-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 010-127, UNREPRESENTED (MANAGEMENT AND CONFIDENTIAL) EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees’Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment “A-1” which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino th this5day of July,2011by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: __________________________________________________ Kimberly Smith, City ClerkGilber Wong, Mayor, City of Cupertino 86 ATTACHMENT B RESOLUTION NO. 11-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 010-127, UNREPRESENTED (MANAGEMENT AND CONFIDENTIAL) EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees’Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment “A-1” which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino th this5day of July,2011by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: __________________________________________________ Kimberly Smith, City ClerkGilber Wong, Mayor, City of Cupertino 87 ATTACHMENT A-1 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented. MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS: Classification Title AccountantDirector of Administrative Services Accounting TechnicianDirector of Community Development Administrative AssistantDirector of Parks and Recreation Asst. Director of Public Works –EngineeringDirector of Public Works Asst. Director of Public Works -MaintenanceEnvironmental Affairs Coordinator Building OfficialEnvironmentalPrograms Manager City ArchitectExecutive Assistant to the City Attorney City ClerkExecutive Assistant to the City Manager City ManagerFinance Director City PlannerGIS Coordinator Community Relations CoordinatorHuman Resources Analyst Deputy City AttorneyHuman Resources Director Deputy City ClerkHuman Resources Technician Information Technology Manager 1 88 MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued) Legal Services Manager Network Specialist Park Planner Public and Environmental Affairs Director Public Works Projects Manager Public Works Supervisor Recreation Supervisor Redevelopment/Economic Development Manager Senior Civil Engineer Senior Recreation Supervisor Web Specialist In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control. Adopted by Action of the City Council, April 1, 1974 Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91,5/91, 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 6/11 2 89 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public andprivate employment in the same labor market; all of which is contingent upon the City’s ability to pay consistent with its fiscal policies. As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. Adopted by Action of the City Council April 1, 1974 Revised 8/78, 7/79, 6/80, 7/92, 6/95 3 8: City of Cupertino UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM Policy No. 3 TRAINING AND CONFERENCES I. POLICY A.Management Personnel It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approved strategy for attracting and retaining businesses in the City. One means of implementing this encouragement is through a formal reimbursement and advanceschedule forauthorized attendance at such conferences, meetings and training sessions. B.Non-Management Personnel When authorized by theirsupervisor, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined below for each. IIDEFINITIONS A.Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City orthe individual. B.Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40- mile distance from Cupertino when traveling to Alameda County. C.Meetings A “meeting” shall mean a convention, conference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. 4 91 D.Training Session A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City’s operations or to enhance the attendee’s capabilities in the discharge of assigned duties and responsibilities. IIIREIMBURSEMENT AND ADVANCE PAYMENTSCHEDULE A. Intent This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance. B.Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. C.Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee’s home and airport, destination or airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. Reimbursement or advancesfor use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. D.Lodging Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. 5 92 Where the lodging is in connection with a conference or otherorganized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com,www.expedia.comor an equivalent service shall be eligible for reimbursement or advancement. E.Meals 1.With No Conference Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2.As Part of a Conference When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rules described in the meals with no conference paragraph. F.Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Other reasonable expenses related to business purposes shall be paid consistent with this policy. No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department. 6 93 G.Non-Reimbursable Expenses The City will notreimburseor advance payment toward expenses including, but not limited to: 1.The personal portion of any trip; 2.Political or charitable contributions or events; 3.Family expenses, including those of a partner when accompanying the employee on City- related business, as well as child or pet-related expenses; 4.Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 5.Gifts of any kind for any purpose; 6.Service club meals;of those besides economic development staff; 7.Alcoholic beverages; 8.Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 9.Personal losses incurred while on City business. IVATTENDANCE AUTHORIZATION A.Budgetary Limitations Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. B.Conference Attendance Attendance at conferences or seminars by employees must be approved by their supervisor. C.Meetings Any employee, management or non-management, may attend a meeting when authorized by their supervisor. D.Training Sessions Any employee, management or non-management, may attend a training session when authorized by their supervisor. 7 94 V.FUNDING A.Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B.Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annuallythrough the budget process. VI. DIRECT CASH ADVANCE POLICY From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee’s return on the expense report described in Section VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompaniedby a business purpose for all expenditures and a receipt for each non-per diem item. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10 8 95 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 4 AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personalvehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: ClassificationAllowance City Manager$350.00 Director of Administrative Services 300.00 Director of Community Development300.00 Director of Parks and Recreation300.00 Director of Public Works300.00 Assistant Director of Public Works250.00 City Clerk250.00 Public Communications Manager250.00 Public &Environmental Affairs Director250.00 City Architect250.00 Traffic Engineer250.00 Recreation Supervisor200.00 Executive Assistant to the City Manager200.00Executive Assistant to the City Attorney200.00* Legal Services Manager200.00* Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. *This allowance will be eliminated once the current employee is no longer in this position. Adopted by Action of the City Council April 1, 1974 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90, 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10,1/11, 6/11, 7/11 9 96 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitledto City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membershipis claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 10 97 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 6 OVERTIME WORKED Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day as long as the employee has his/her supervisor’s approval.Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. Adopted by Action of the City Council April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97, 4/07 11 98 City of Cupertino UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM Policy No. 7 HEALTH BENEFITS PLAN -EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the healthof employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in the employee’s gross pay. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for new employees hired after July 1, 2005. Medical Insurance Coverage LevelCity Contribution Employee702.00 Employee + 1762.00 Employee +2802.00 Adopted by Action of the City Council September 16, 1974 Revised 7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07 12 99 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 8 FLEXIBLE HOLIDAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time withfull pay and benefits. Employees may accumulate flexible holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 6/89, 7/92, 7/99 13 9: City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee’s annual salary to a maximum of $250,000.00. Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76, 6/80, 6/81. 6/82, 6/92 14 :1 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees for services performed for the City. The City participates in the California Public Employees’ Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent management and confidential employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 7/87, 7/92, 7/99 15 :2 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 11 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION At the beginning of the pay period in which 2.7% @ 55 becomes effective, the City agrees to pay the employee’s contribution rate to CalPERS not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the employer’s contribution rate to the Public Employees Retirement System Adopted by Action of the City Council June, 1981 Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10 16 :3 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 12 DENTAL INSURANCE -EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $77.26per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers. Adopted by Action of City Council July 1, 1983 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07 17 :4 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE The City Managerand department heads shall receive forty (40) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to their annual accrual. Employees shall be eligible to convert administrative leave hours to pay one time each calendar year. Adopted by Action of the City Council July, 1988 Revised 7/92, 7/97, 7/99, 7/10 18 :5 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature. Adopted by Action of the City Council June 17, 1996 19 :6 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 15 PUBLIC SERVICE CREDIT –VACATION ACCUMULATION The City Manager and department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 7, 1997 Revised 6/99, 7/10 20 :7 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance maybe offered to the department heads pursuant to Resolution No. 99-070 as amended. Adopted by Action of the City Council July 7, 1997 Revised 7/99, 7/10 21 :8 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 17 VISION INSURANCE –EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $14.36per monthper employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the CityCouncil July 1997 Revised 7/99, 6/02, 6/03, 7/10 22 :9 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades City Council and Planning Commission Compensation Effective July 1, 2010 23 :: CITY OF CUPERTINO CLASSES AND POSITIONS/CITY COUNCIL AND PLANNING COMMISSION EFFECTIVE JULY 1, 2010 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions ofthe Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. Only the City Council can modify these rates. 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CLASSIFICATIONS EFFECTIVE JULY 1, 2010 DmbttjgjdbujpoTufq!2Tufq!3Tufq!4Tufq!5Tufq!6 Bttjtubou!Ejsfdups!pg!Qvcmjd!Xpslt!.Foh%:-:78%21-576%21-:99%22-649%23-226 Bttjtubou!Ejsfdups!pg!Qvcmjd!Xpslt!.Nud%:-625%:-:9:%21-59:%22-124%22-675 Cvjmejoh!Pggjdjbm%:-1::%:-665%21-143%21-645%22-171 Djuz!Bsdijufdu%:-1::%:-665%21-143%21-645%22-171 Djuz!Dmfsl%8-827%9-213%9-618%9-:43%:-48: Djuz!Qmboofs%:-1::%:-665%21-143%21-645%22-171 Fowjsponfoubm!Bggbjst!Dppsejobups%8-712%8-:92%9-491%9-8::%:-34: Fowjsponfoubm!Qsphsbnt!Nbobhfs%8-712%8-:92%9-491%9-8::%:-34: Gjobodf!Ejsfdups%:-1::%:-665%21-143%21-645%22-171 Ivnbo!Sftpvsdft!Ejsfdups%:-1::%:-665%21-143%21-645%22-171 Jogpsnbujpo!Ufdiopmphz!Nbobhfs%9-913%:-354%:-815%21-2:1%21-7:: Qbsl!Qmboofs%:-1::%:-665%21-143%21-645%22-171 Qvcmjd!boe!Fowjsponfoubm!Bggbjst!Ejsfdups%9-913%:-354%:-815%21-2:1%21-7:: Qvcmjd!Xpslt!Qspkfdu!Nbobhfs%8-827%9-213%9-618%9-:43%:-48: Qvcmjd!Xpslt!Tvqfswjtps%7-:54%8-3:1%8-766%9-148%9-54: Sfdsfbujpo!Tvqfswjtps%7-896%8-235%8-591%8-965%9-358 Sfefwfmpqnfou0Fdpopnjd!Efwfmpqnfou!Nhs%:-1::%:-665%21-143%21-645%22-171 Tfojps!Djwjm!Fohjoffs%:-1::%:-665%21-143%21-645%22-171 Tfojps!Sfdsfbujpo!Tvqfswjtps%8-591%8-965%9-358%9-76:%:-1:3 EFFECTIVE JULY 1, 2011 DmbttjgjdbujpoTufq!2Tufq!3Tufq!4Tufq!5Tufq!6 Bttjtubou!Ejsfdups!pg!Qvcmjd!Xpslt!.Foh%21-177%21-681%22-1:9%22-764%23-347 Bttjtubou!Ejsfdups!pg!Qvcmjd!Xpslt!.Nud%:-71:%21-19:%21-6:5%22-235%22-791 Cvjmejoh!Pggjdjbm%:-2:1%:-761%21-243%21-74:%22-282 Djuz!Bsdijufdu%:-2:1%:-761%21-243%21-74:%22-282 Djuz!Dmfsl%8-8:4%9-294%9-6:3%:-132%:-583 Djuz!Qmboofs%:-2:1%:-761%21-243%21-74:%22-282 Fowjsponfoubm!Bggbjst!Dppsejobups%8-788%9-172%9-575%9-998%:-443 Fowjsponfoubm!Qsphsbnt!Nbobhfs%8-788%9-172%9-575%9-998%:-443 Gjobodf!Ejsfdups%:-2:1%:-761%21-243%21-74:%22-282 Ivnbo!Sftpvsdft!Ejsfdups%:-2:1%:-761%21-243%21-74:%22-282 Jogpsnbujpo!Ufdiopmphz!Nbobhfs%9-9:1%:-446%:-913%21-3:2%21-917 Qbsl!Qmboofs%:-2:1%:-761%21-243%21-74:%22-282 Qvcmjd!boe!Fowjsponfoubm!Bggbjst!Ejsfdups%9-9:1%:-446%:-913%21-3:2%21-917 Qvcmjd!Xpslt!Qspkfdu!Nbobhfs%8-8:4%9-294%9-6:3%:-132%:-583 Qvcmjd!Xpslt!Tvqfswjtps%8-123%8-474%8-842%9-229%9-635 Sfdsfbujpo!Tvqfswjtps%7-963%8-2:6%8-666%8-:44%9-43: Sfefwfmpqnfou0Fdpopnjd!Efwfmpqnfou!Nhs%:-2:1%:-761%21-243%21-74:%22-282 Tfojps!Djwjm!Fohjoffs%:-2:1%:-761%21-243%21-74:%22-282 Tfojps!Sfdsfbujpo!Tvqfswjtps%8-666%8-:44%9-43:%9-857%:-294 25 212 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTIVE JULY 1, 2010 DmbttjgjdbujpoTufq!2Tufq!3Tufq!4Tufq!5Tufq!6 Bddpvoubou%7-187%7-491%7-7::%8-145%8-497 Bddpvoujoh!Ufdiojdjbo%6-749%6-:31%7-327%7-638%7-964 Benjojtusbujwf!Bttjtubou%6-173%6-426%6-692%6-971%7-264 Dpnnvojuz!Sfmbujpot!Dppsejobups%6-953%7-245%7-552%7-874%8-212 Efqvuz!Djuz!Dmfsl%6-173%6-426%6-692%6-971%7-264 Fyfdvujwf!Bttjtubou!up!uif!Djuz!Buupsofz%6-649%6-926%7-217%7-522%7-842 Fyfdvujwf!Bttjtubou!up!uif!Djuz!Nbobhfs%6-649%6-926%7-217%7-522%7-842 HJT!Dppsejobups%6-952%7-244%7-551%7-873%8-211 Ivnbo!Sftpvsdft!Bobmztu%7-187%7-491%7-7::%8-145%8-497 Ivnbo!Sftpvsdft!Ufdiojdjbo%6-749%6-:31%7-327%7-638%7-964 J/U/!Bttjtubou%5-734%5-965%6-1:8%6-463%6-731 Ofuxpsl!Tqfdjbmjtu%6-953%7-245%7-552%7-874%8-212 Xfc!Tqfdjbmjtu%6-952%7-244%7-551%7-873%8-211 EFFECTIVE JULY 1, 2011 DmbttjgjdbujpoTufq!2Tufq!3Tufq!4Tufq!5Tufq!6 Bddpvoubou%7-248%7-555%7-877%8-215%8-571 Bddpvoujoh!Ufdiojdjbo%6-7:6%6-:8:%7-389%7-6:3%7-:33 Benjojtusbujwf!Bttjtubou%6-224%6-479%6-748%6-:2:%7-326 Dpnnvojuz!Sfmbujpot!Dppsejobups%6-:11%7-2:6%7-616%7-941%8-283 Efqvuz!Djuz!Dmfsl%6-224%6-479%6-748%6-:2:%7-326 Legal Services Manager$5,593$5,873$6,167$6,475$6,799 Fyfdvujwf!Bttjtubou!up!uif!Djuz!Nbobhfs%6-6:4%6-984%7-278%7-586%7-8:: HJT!Dppsejobups%6-9::%7-2:5%7-615%7-93:%8-282 Ivnbo!Sftpvsdft!Bobmztu%7-248%7-555%7-877%8-215%8-571 Ivnbo!Sftpvsdft!Ufdiojdjbo%6-7:6%6-:8:%7-389%7-6:3%7-:33 J/U/!Bttjtubou%5-77:%5-:14%6-259%6-516%6-787 Ofuxpsl!Tqfdjbmjtu%6-:11%7-2:6%7-616%7-941%8-283 Xfc!Tqfdjbmjtu%6-9::%7-2:5%7-615%7-93:%8-282 26 213 COMMUNITY DEVELOPMENT DEPARTMENT DJUZ!IBMM 21411!UPSSF!BWFOVF!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4419xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting: July 5, 2011 Subject Alcoholic Beverage License,TGI Fridays,10343 North Wolfe Road(Vallco Shopping Center) Recommended Action Approveapplicationfor On-Sale General for Bona Fide Public Eating Place. Description Name of Business:TGI Fridays Location:10343 North Wolfe Road Type of Business:Restaurant Type of License:On-Sale Generalfor Bona Fide Public Eating Place (47) Reason for Application:Annual Fees, Person-to-Person Transfer, Temporary Permit Discussion There are no zoning oruse permit restrictions which would prohibit the sale of alcohol as proposedand staff has no objection to the issuance of this license. License Type 47authorizes the sale of general alcoholfor consumption on thepremises where sold. _____________________________________ Prepared by:Traci Caton, Planning Department Reviewed by:Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by:David W. Knapp, City Manager Attachment:Application for Alcoholic Beverage License 214 215 216 217 COMMUNITY DEVELOPMENT DEPARTMENT DJUZ!IBMM 21411!UPSSF!BWFOVF!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4419xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting: July 5, 2011 Subject Alcoholic Beverage License,Cypress Hotel & Park Place Restaurant & Bar,10050 South De Anza Boulevard(City Center) Recommended Action Approveapplicationfor On-Sale General for Bona Fide Public Eating Place,Caterer's Permit, Controlled Access Cabinet Permit, and Portable Bar. Description Name of Business:Cypress Hotel & Park Place Restaurant & Bar Location:10050 South De Anza Boulevard Type of Business:Hotel, Bar & Restaurant Type of License:On-Sale Generalfor Bona Fide Public Eating Place (47),Caterer's Permit(58), Controlled Access Cabinet Permit (66) and Portable Bar(68). Reason for Application:Annual Fees, Person-to-Person Transfers, Temporary Permit, and Duplicate/Secondary Permits Discussion There are no zoning oruse permit restrictions which would prohibit the sale of alcohol as proposedand staff has no objection to the issuance of theselicenses. License Types47, 66, and 68authorize the sale ofgeneral alcoholfor consumption on thepremises where sold.License Type 58authorizes the sale of general alcohol for consumption off premises. _____________________________________ Prepared by:Traci Caton, Planning Department Reviewed by:Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by:David W. Knapp, City Manager Attachment:Application for Alcoholic Beverage License 218 219 21: 221 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:July 5, 2011 Subject 2011 Pavement Maintenance Project Recommended Action Review bids and award contract for 2011 Pavement Maintenance Project, Project No. 2011-04, to the lowest responsible bidder. Description Staff recommendsthat Council review bids andaward the construction contract for the2011 Pavement Maintenance Project, based on bids to be received onJune 30, 2011. Discussion Bids for theCity’s 2011 Pavement Maintenance Project will be received on June 30, 2011.A th summary of these bids will be provided to Council prior to this meeting on July 5.The Engineer’s Estimate for the base project is $1.17Million. _____________________________________ Prepared by:Glenn Goepfert, Assistant Director of Public Works Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, CityManager Attachments:Attachment A, List of Streets to Receive Pavement Maintenance Treatment Attachment B, Contract for Public Works 222 PavementProjectLocations 2011 Attachment A StreetsSegment PblNfbepx!Dpvsutufmmjoh!up!foe Cmb{johxppebmefscsppl!up!nzsumfxppe Cspplhspwf!MbofTibezhspwf!up!Xjmmpxhspwf Tibezhspwf!up!Xjmmpxhspwf Gfsohspwf!Esjwf Tibezhspwf!DpvsuBmm Overlay Tibezhspwf!EsjwfIzef!up!Tufoebim Ofx!Ibwfo!DpvsuBmm Bmm PmeUpxo!Dpvsu Mjcfsuz!DpvsuBmm Bmm Qspwjefodf!Dpvsu Cpmmjohfs!up!NdDmfmmbo Ljn X/Ftubuft!EsjwfBmm Efyufscsfxfs!up!dijtipmn Qsftjejpcvcc!up!gu!cblfs Ubnbsjoe!DuBmm)GmpsbWjtub!up!foe* Alternates Uvmjub!Dugmpsbwjtub!up!foe Xftumzoo!up!Uvtdboz Ifbuifsxppe BmefscspplXbzbmefscsppl!up!foe Ejtofz!up!Qijm Tufoeibm!Mbof CfumjoBwfovfKpio!up!Dmjggpse EfBo{bDjuz!Mjnjut Tufwfot!DslCmweTS!96!up!Djuz!Mjnjut CrackSeal Njmmfsdbmmf!ef!cbsdfmpob!up!cpmmjohfs Cpmmjohfscmbofz!up!gbsbmmpof Cpmmjohfsnjmmfs!up!cmbofz Cpmmjohfsef!bo{b!up!xftumzoo Alternates Cmbofzcpmmjohfs!up!spesjhvft Cmbofznddmfmmbo!up!TDC Cvccnddmfmmbo!up!TDC Tufwfot!DsfflCmweTS!96!up!Tufmmjoh Tufwfot!DsfflCmweTufmmjoh!up!Ef!Bo{b Tufwfot!DsfflCmweEfBo{b!up!Tufmmjoh Digout Tufwfot!DsfflCmweTufmmjoh!up!TS!96 EfBo{bCmwet0p!391!gxz!up!o0p!391!gxz EfBo{bCmweo0p!391!gxz!up!t0p!391!gxz Fmntgpse!Esjwfcfmlobq!up!foe!pg!o!tubogpse EfGpf cpmmjohfs!up!efgpf Opuf;Qspkfdutjo3122xjmmqspdffebt!gbsepxo!uijtmjtubtbwbjmbcmf!gvoetqfsnju/ 223 Attachment B K. CONTRACT FOR PUBLIC WORKS This CONTRACT made on ___________________________by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and _____________________________,hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1.THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a.Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b.Standard Specifications, General Provisions and Special Provisions. c.Plans and Specifications for 2011Pavement Maintenance Project, PROJECT NO. 2011-04 d.Faithful Performance Bond andPayment Bond. e.Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker’s Compensation Insurance and Notice of Policy Cancellation Endorsement. f.This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2.THE WORK.CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of overlaying City streets,as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, 2011Pavement Maintenance Project, Project No. 2011-04and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Timm D. Borden. Dpousbdu!Qbhf!2pg!7 224 Attachment B 3.CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $_____________(_________ Dollars and _________Cents) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4.DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph “f” of the General Provisions. 5.PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6.INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where theSpecifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR’S expense. 7.EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations,deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8.CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9.TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, forsuch termination, amendment or modification, shall be determined either by Dpousbdu!Qbhf!3pg!7 225 Attachment B reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10.TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR’S control, or by delay authorized by CITY, or by any cause which CITY shalldetermine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11.INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12.TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR’S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY’S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR’S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR’S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13.THE CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City mayapply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by Dpousbdu!Qbhf!4pg!7 226 Attachment B CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY’S Notice to Contractors. 14.NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR’S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to __________________________________________________________________, postage prepaid and certified; and (c) if notice is given to CONTRACTOR’S surety or any other person, either by personal delivery thereof to CONTRACTOR’S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR’S surety or person, as the case may be, at the address of CONTRACTOR’S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15.ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16.COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be metby CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR’S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17.WORKER’S COMPENSATION INSURANCE AND EMPLOYER’S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker’s Compensation Insurance and Employer’sLiability Insurance for all of CONTRACTOR’S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker’s Compensation and Employer’s Liability Insurance for all of the latter’s employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker’s compensation or to undertake Dpousbdu!Qbhf!5pg!7 227 Attachment B self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract.” 18.ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19.CONTRACTOR’S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. “Acts of God” shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any partthereof, or in, on, or about the same during its construction and before acceptance. 20.CONTRACTOR’S GUARANTEE.CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality;and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Dpousbdu!Qbhf!6pg!7 228 Attachment B P.O. No.__________ 21. DEFERRED ALTERNATE SELECTION. The City reserves theright for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO:CONTRACTOR: By:____________________________________________________________ Timm D. Borden _______________________________ Director of Public works By: ____________________________ Attest:___________________________Notary acknowledgment is required. If a City Clerkcorporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Date:_____________________, 20____Social Security No. is required. City Clerk ________________________________ Social Security #Federal TaxI.D. # APPROVED AS TO FORM: Contractor’s License No. _______________ _________________________________ City Attorney Project Name & Number: 2011PAVEMENT MAINTENANCE PROJECT, PROJECT NO. 2011-04 Contractor’s Name & Address: Contract Amount: $ Account Number: File No: Dpousbdu!Qbhf!7pg!7 229 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, VILLA SERRA APARTMENTS, A CALIFORNIA LIMITED PARTNERSHIP, COUNTY ASSESSOR’S PARCEL NO.’S 326-09-072AND 326-09-073 WHEREAS, there has been presented to the City Council a proposed stormwater management facilities operation and maintenance agreement between the City of Cupertino and owner, Villa Serra Apartments, a California Limited Partnership,County Assessor’s Parcel No.’s 326-09-072and 326-09-073,as described in Exhibit“A”, and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorizedto sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 5thday of July, 2011, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ Kimberly Smith, City ClerkGilbert Wong, Mayor, City of Cupertino 22: 231 232 233 234 235 236 237 L A C ONN ER 11119 20661 20671 11117 20677 11109 KO DIA K 11107 11099 11136 11097 20667 11126 11089 20657 11116 11087 11106 11079 20681 11077 11069 11067 20687 11059 20647 11057 L A G RAN DE 11 11 11 11 11 20637 11 20689 206 91 20631 HO ME ST EAD 2102020800 21040 206 76 206 70 10833 10843 10885 1087 10831108510 10835 10841 10849 10829 10837 10839 10847 10845 10827 10821 10817 10815 1082510823 10819 10813 20565 G AR DE NA 2103010711 21102 21088 10705 21074 10705 2097 5 10704 10696 10697 0685 10684 0683 10682 10682 10683 10669 10668 10666 10667 21103 1066810669 0653 106542087 5 0655 10652 21102 10654 10655 41 10638 39 10640 10640 10641 20725 1062610627 10616 10613 10612 10598 10599 10629 1058810585 10570 10571 Subject: Stormwater Management Facilities Operation and Maintenance Agreement, Villa Serra Apartments, a California 21031 Limited Partnership 21011 Recommended Action: Adopt Resolution No. 11- 21012 10509 10510 10510 10495 10511 10504¯ 10509 238 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT, VILLA SERRA APARTMENTS, A CALIFORNIA LIMITED PARTNERSHIP, COUNTY ASSESSOR’S PARCEL NO.’S 326-09-072AND 326-09-073 WHEREAS, there has been presented to the City Council a proposed stormwater management facility easementagreement between the City of Cupertino and owner, Villa Serra Apartments, a California Limited Partnership, County Assessor’s Parcel No.’s 326-09-072and 326-09-073,as described in Exhibits “A” and “B”, and said agreement having been approved by the City Attorney; 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 regularmeeting of the City Council of the City of Cupertino this 5thday of July, 2011, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ Kimberly Smith, City ClerkGilbert Wong, Mayor, City of Cupertino 239 23: 241 242 243 244 245 246 247 248 249 24: L A C ONN ER 11119 20661 20671 11117 20677 11109 KO DIA K 11107 11099 11136 11097 20667 11126 11089 20657 11116 11087 11106 11079 20681 11077 11069 11067 20687 11059 20647 11057 L A G RAN DE 11 11 11 11 11 20637 11 20689 206 91 20631 HO ME ST EAD 2102020800 21040 206 76 206 70 10833 10843 10885 1087 10831108510 10835 10841 10849 10829 10837 10839 10847 10845 10827 10821 10817 10815 1082510823 10819 10813 20565 G AR DE NA 2103010711 21102 21088 10705 21074 10705 2097 5 10704 10696 10697 0685 10684 0683 10682 10682 10683 10669 10668 10666 10667 21103 1066810669 0653 106542087 5 0655 10652 21102 10654 10655 41 10638 39 10640 10640 10641 20725 1062610627 10616 10613 10612 10598 10599 10629 1058810585 10570 10571 Subject: Stormwater Management Facility Easement Agreement, Villa Serra Apartments, a California Limited Partnership 21031 21011 Recommended Action: Adopt Resolution No. 11- 21012 10509 10510 10510 10495 10511 10504¯ 10509 251 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:July 5, 2011 Subject Municipal Improvements, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN’s 326-09-056, 326-09-029, 326-09-047 and 326-09-048. Recommended Action Accept Municipal Improvements. Discussion The applicant hascompleted City-specified improvements in the City right-of-way including sidewalk, curb & gutter, and driveway approachas 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: 252 L A C ONN ER 11119 20661 20671 11117 20677 11109 KO DIA K 11107 11099 11136 11097 20667 11126 11089 20657 11116 11087 11106 11079 20681 11077 11069 11067 20687 11059 20647 11057 L A G RAN DE 11 11 11 11 11 20637 11 20689 206 91 20631 HO ME ST EAD 2102020800 21040 206 76 206 70 10833 10843 10885 1087 10831108510 10835 10841 10849 10829 10837 10839 10847 10845 10827 10821 10817 10815 1082510823 10819 10813 20565 G AR DE NA 2103010711 21102 21088 10705 21074 10705 2097 5 10704 10696 10697 0685 10684 0683 10682 10682 10683 10669 10668 10666 10667 21103 1066810669 0653 106542087 5 0655 10652 21102 10654 10655 41 10638 39 10640 10640 10641 20725 1062610627 10616 10613 10612 10598 10599 10629 1058810585 10570 10571 Subject: Municipal Improvements, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead 21031 Road 21011 Recommended Action: Adopt Resolution No. 11- 21012 10509 10510 10510 10495 10511 10504¯ 10509 253 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:July5, 2011 Subject Approval for an additional $25,000 in constructioncontingencies for the Garden Gate Safe Routes to School Project No. 2009-9549, for a total of $334,000. Recommended Action Approve additional $25,000 in construction contingencies. Discussion At the May 17, 2011 City Council meeting, the City Council awarded a construction contract to J.J.R. Construction, Inc, for the Garden Gate Sidewalk Installation Project, Project No. 2009- 9549, in the amount of $259,000, with approval for another $50,000 in construction contingenciesfor unforeseen work. The City was awarded $393,788 in federal funding in 2009 for this project as a result of a successful Safe Routes to School application submitted by the City to enhance safety for pedestrians walking to Garden Gate Elementary School and De Anza College. The scope of the grant project includesconstructing new sidewalks where there were gaps in the existing sidewalk network along Stelling Road between Alves Drive and Highway 280, along Greenleaf Drive between Stelling Road and Garden Gate Elementary School, and along Flora Vista Avenue in the vicinity of Greenleaf Drive; constructing new handicap ramps and upgrading existing handicap ramps; reconstructing driveways; and performing a safety upgrade of the traffic signal at Stelling Road/Greenleaf Drive. The Engineer’s estimate for the concrete sidewalk, driveway and handicap ramp portion of the work came to $405,000, slightly in excess of the $393,788 available to the City from the Safe Routes to School federal grant. Consequently, the traffic signal upgrade portionof the work was excluded from the original bid because staff believed that there would be insufficient funding available to complete that portion of the work. However, the lowest responsive and responsible bid, from J.J.R. Construction, came in at $259,000, well under the $405,000 Engineer’s estimate and the $393,788 available from the grant. As a result, staff now has the opportunity to include the additional traffic signal upgrade work, estimated at $19,074, within the contract with J.J.R construction with no fiscal impact to the general fund. Because some additional work has already been performed on the contract for concrete and drainage work using in excess of $30,000of the approved contingency, staff recommends approving an additional $25,000 contingency to cover the traffic signal upgrade portion of the work and any other smaller clean-upitems necessary to complete the project. This additional contingency is within the scope and budget of the grant and will not be borne by the General Fund. 254 Fiscal Impact Aproject budget of $442,000wasapproved by City Council in the 09/10CIP. This money is being reimbursed through the Federal Safe Routes to School Grant, in the amount of $393,788. The total project cost,including contingencies, is $334,000. Consequently, there is no net fiscal impact to the City. _____________________________________ 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:None 255 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:July 5, 2011 Subject Summary easement vacation and Termination of Agreement,where City of Cupertino releases all of its interest, rights, obligations, duties, etc., acquiredfrom an agreement recorded on October 17, 1974. Recommended Action Adoption of a resolutionsummarily vacating an easement andterminating any interest held by the City over that certain property locatednorth of Vallco Shopping Center, and immediately southwest of the intersection of I-280 and Wolfe Road, APN 316-20-088. Discussion th On October 17, 1974, an agreementwas established, between the Cityof Cupertino (“City”) and Vallco Park, Ltd., a California limited partnership (“Vallco”), the property owner at the time. In this agreement, the City offered to Vallco certain easements across Wolfe Road, in exchange for easements permitting the construction andmaintenance of automobile parking structuresand astation serving a proposed public rapid transit facility that was to be constructed contiguous with I-280.This rapid transit facility and the subsequent parking structure were never constructed,and there are currently no plans to construct these facilities. East West Bank, the current owner of the property in question (APN 316-20-088), is requesting that the City relinquish its interest within the property. Staff has determined that terminating the City’s interest within this property can occur without adverse effect. The easements that were provided to Vallco by the City have been utilized and are currently in use. These easements allow for the pedestrian overcrossing of Wolfe Roadandare not proposed for termination.In compensation for these easements, besides the subject rapid transit facility easement, Vallco was also required to make twenty annual payments of $67,000 to the City. 256 The easement does not contain any public utility facilities and has not been used for the purpose for which it was originally acquired, since its inception, which then allows for this summary vacation. Upon recordation of this vacation, the easementwill be removed from the subject property and no further action by the City will be required. _____________________________________ Prepared by:Chad E. Mosley, Associate Engineer Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments:Attachment A 257 258 259 25: 261 262 263 264 265 266 267 268 269 26: 271 272 273 274 275 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE SUMMARY VACATION OFAN EASEMENT AND TERMINATING ANY INTEREST HELD BY THE CITY, COUNTY ASSESSOR’S PARCEL NO. 316-20-088. WHEREAS, East West Bank made application to the City of Cupertino to summarily vacate an easement and to terminate any interest held by the City over APN 316-20-088, and said termination of agreement having been approved by the City Attorney ; WHEREAS, the Director of Public Works has determined that there will be no further public need for said easement over said property. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned termination of agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 5thday of July, 2011, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ Kimberly Smith, City ClerkGilbert Wong, Mayor, City of Cupertino 276 10820 1 0801 1 0771 1 0773 1 0767 10 765 10 741 107 16 10697 107 06 106 96 77 19500 106 86 67 19 608 106 56106 1066676 10657 47 106 46 05 106 10600 105 81 105 71 7070 105 10571 105 61 58 10555 105 51 10550 46 105 46 10545 105 41 105 40 34 105 34 10535 196 41 105 31 22 105 22 30 105 10521197 01 196 31 10 196 91 11 105 196 21 90 91 104 10400 61 104 30 197 51 104 10 197 36 36104 104 35 435104 10 30 196 33 104 19835 24 104 1982122 104 22 10422 42121104 10104 23 104 19805 19 104 10 104 08 104 08 19810408 4007104 104 198409 1104 103 81 03 104 96 103 94 94103 10394 84493103 19103 95 103 1984 3 5 89 103 103 91 86 103 84 103 84 10384 85083103 1910385 103 19851 77 103 103 71 70 103 68 103 70 10368 69103 985410369 1103 63 103 103 51 56 103 54 56103 10354 55103 10355 103 49 103 46 103 44 44103 10344 43103 10345 103 35 103 32 103 30 103 30 103 31 30103 103 29 103 19 103 1618 103103 16 103 17 103 14 103 13 103 07 103 06 103 04 10305 04103 103 00 103 99 102 93 102 90 102 9091 102102 92 102 86 102 85 102 333 10 72 1027973 10272102 102 74 102 10123 10255 10123 81 19627 57196 196 3717 197197 10253 10150 AM HERST 10123 19333 238 10776682 1971419 73019 19 123 10 226 10225226 1022510 22610 10 212211 1010212 21110 21210 10 198 10197 10197198 1981010 10 183 10 184 10 184 18310 18410 10 167 10 168 10 V ALLCO 167168 71681010 410 154 10 154 15415310 1010 153 10 4 142142141142 10101010 141 10 1014 51014 6 10123 Subject: Summary easement vacation and Termination of Agreement, where City of Cupertino releases all of its interest, 128 10128 12812710 1010 127 10 1013 10136 5 rights, obligations, duties, etc., acquired from an agreement recorded on October 17, 1974 787 19777 19715683 7311919 19 10101 W HEATON Recommended Action: Adopt Resolution No. 11- 19844 ¯ 277 COMMUNITY DEVELOPMENT DEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4419!!!xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting: July 5, 2011 Subject Six lot subdivision with four new, two-story, single family homes proposed on Cleo Avenue (APN 362-31-004) by Habitat for Humanity Recommended Action The Planning Commissionrecommended that the City Council approvethe tentative subdivision map, development permit, architectural and site approval, and parking exception for four, two- story single-family homes on Cleo Avenue. Description Applications:TM-2011-01,DP-2011-02, ASA-2011-06, EXC-2011-06 Applicant:Chris Weaver (Habitat for Humanity) Property Owner:City of Cupertino/Habitat forHumanity Silicon Valley Location:Terminus of Cleo Avenue (APN 362-31-004) Application Summary: 1.Tentative Map (TM-2011-01) to allow the subdivision of 0.3 acre into four lots and two common area lots for a single family residential development, 2.Development Permit*(DP-2011-02) to allow the development of four single-family residences on 0.3 acre, 3.Architectural and Site Approval(ASA-2011-06) for four, two-story single-family dwellings on 0.3 acre, 4.Parking Exception (EXC-2011-06) to allow a parking ratio of two open stalls per dwelling, in lieu of the required 2.8 stalls (garage and open) per dwelling, based ona small lot, single- family residential development. *One of the required planning permits for residences in the planned development residential zoning district is the development permit, not a use permit. The Planning Commission resolution was corrected to fix this oversight. Project Data: General Plan Land Use DesignationMedium Density Residential (10-20 dwellings/ acre) Zoning DesignationP(Res) –Planned Residential Development Environmental AssessmentCategorically Exempt Lot Size13,212 square feet, 0.3 acre Existing Land UseVacant 278 Proposed Land UseSingle-Family Residential Proposed Residential Density13.33 dwellings/acre ProposedParking 8 spaces Required Parking (2.8/dwelling)8 garage spaces+4 open spaces=12 spaces Building Height2 stories, 26 feet Private LotsCommon Area Lots Lot Designation1234AB Lot Size (sq. ft.)1,4831,6331,5111,3945,1342,057 Dwelling Plan #1221-- Dwelling Size (sq. ft.)1,0099729721,009NoneNone Total Floor Area Ratio30% Discussion Background In 2005, the City acquired CALTRANS-owned,excess property on Cleo Avenue in order to develop an affordable housing project. The City used Housing Mitigation fees to pay for the property. In 2007, the Cityissued a Request for Proposals to affordable housing developers and selectedHabitat for Humanity Silicon Valley to construct four single-family homes for low to very low income Cupertino households. The City rezoned the property and set aside Community Development Block Grant fundsto fund predevelopment costs. Planning Commission On June 14, 2011, the Planning Commission reviewed and unanimously recommended approval of the four unit,single-family residential development (Attachments A,B& C). Key Planning Commissiontopics ofdiscussion are summarized as follows: Fire engine access Refuse pick up logistics Impacts on adjacent properties Common area maintenance program Buyer selectionprocess for the homes General parking considerations For additional details, please refer to Attachment Cfor thedraftPlanning Commission hearing minutes. Parking Considerations The applicant requests a parking exception to reduce theparking requirement from 2.8 stalls per unit (12 stalls: 8 enclosed, 4 open) to 2.0 stalls per unit (8 open). The Planning Commission agreed with the applicant thatthe size and shape of the lot,and CALTRANS easement across the property,prohibit the addition of more parking without cutting into the landscape areas needed to buffer the homes from the parking lot and screen the parking lot from Cleo Avenue. 279 The City has approvedprojects with less parking stalls per unit that are commensurate with the smaller unit sizes. In addition,parking requirements for other cities (San Jose and Mountain View) are also set at two or less stalls per unit for small lot single-family developments, townhomes, and 2-bedroom dwellings. The Planning Commission supports the applicant’s request and recommends that the Council approve the project as proposed. Please review Attachments B (Planning Commission Staff Report) and C (Draft Commission Meeting Minutes) for more detailed discussion. Public Comments A member of the public stated that the project should provide the full, code-required parking on the property if there is space on the property to accommodate it. The development will have guest parkingdemandsand should not rely on street parking. Public Outreach & Notification In addition to the City’s public hearing noticing, the applicant held two neighborhood meetings for property owners within a 300-foot radius andother interested parties. Environmental Review The project is categorically exempt from the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) as a small, infill project. Project does not result in any significant effects related to traffic, noise, air quality, hazardous materials or water quality. Construction materials will ameliorate interior noise to City standards. _____________________________________ Prepared by: Colin Jung, AICP, Senior Planner Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director Approved for Submission by:David W. Knapp, City Manager Attachments: A: Planning Commission Resolution Nos. 6637, 6638, 6639 and 6640 B:Planning Commission Staff Report dated June 14, 2011 C: Planning Commission DraftMeeting Minutes dated June 14, 2011 D: Plan Set 27: BUUBDINFOUB 281 282 283 284 285 286 287 288 289 28: 291 292 293 294 BUUBDINFOUC OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE ¤ CUPERTINO, CA 95014-3255 (408) 777-3308 ¤ FAX (408) 777-3333 ¤ planning@cupertino.org PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 Agenda Date: June 14, 2011 Applications: TM-2011-01, U-2011-05, ASA-2011-06, EXC-2011-06 Applicant: Chris Weaver (Habitat for Humanity) Owner: Habitat for Humanity Silicon Valley Location: Terminus of Cleo Avenue (APN 362-31-004) APPLICATION SUMMARY: 1.Tentative Map (TM-2011-01) to allow the subdivision of 0.3 acre into four lots and two common area lots for a single family residential development, 2.Use Permit (U-2011-05) to allow the development of four single-family residences on 0.3 acre, 3.Architectural and Site Approval (ASA-2011-06) for four, 2-story single-family dwellings on 0.3 acre, 4.Parking Exception (EXC-2011-06) to allow a parking ratio of two open stalls per dwelling, in lieu of the required 2.8 stalls (garage and open) per dwelling, for a small lot, single-family residential development. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of TM-2011-01, U-2011- 05, ASA-2011-06 and EXC-2011-06 in accordance with the model resolutions (Attachments 1 - 4). PROJECT DATA: General Plan Land Use Designation Medium Density Residential (10-20 dwellings per acre) Zoning Designation P(Res) Ï Planned Residential Development Environmental Assessment Categorically Exempt Lot Size 13,212 square feet, 0.3 acre Existing Land Use Vacant Proposed Land Use Single-Family Residential Proposed Residential Density 13.33 dwellings/acre Proposed Parking 8 spaces Required Parking (2.8/dwelling) 8 garage spaces+4 open spaces=12 spaces Building Height 2 stories, 26 feet 295 ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011 Private Lots Common Area Lots Lot Designation 1 2 3 4 A B Lot Size (sq. ft.) 1,483 1,633 1,511 1,394 5,134 2,057 Dwelling Plan # 1 2 2 1 - - Dwelling Size (sq. ft.) 1,009 972 972 1,009 None None Total Floor Area Ratio 30% BACKGROUND: Surrounding Land Uses The applicant, Habitat for Humanity, proposes to develop a 4-unit, small lot single-family residential development on a vacant, triangular-shaped lot on the south side of Cleo Avenue at its terminus. The project site is surrounded by vacant land and Highway 85 on the north and east sides, townhouses on the south side and a single-family residence to the west. Applicant The applicant, Habitat for Humanity, Silicon Valley, was founded in 1986 as an independent affiliate of Habitat for Humanity International. Their mission is to work with the community to provide families with low incomes the opportunity to build and own their own homes. To this end, Habitat works in partnership with affordable housing providers and advocates, eliminating substandard living conditions. Last year, Habitat Silicon Valley completed th construction of its 50 home built with volunteer labor. Land Acquisition Process In August 2005, the City acquired the excess property on Cleo Avenue from the California Department of Transportation (Caltrans) for $615,000 for development of an affordable housing project. The City used Housing Mitigation fees for the purchase of the property. In December 2007, City Council agreed to transfer the property to Habitat for Humanity Silicon Valley for the construction of four single family homes for low to very low income Cupertino households. The City rezoned the property from Multi-Family Residential (R3) to Planned Development Residential - P (Res) in March 2008. Also in 2008, the City set-aside an additional $250,932 in Community Development Block Grant (CDBG) funding to be used for development costs. This loan is to cover predevelopment costs such as architecture, NEPA/CEQA preparation, civil engineering costs, etc. The loan is made at a below market interest rate with the developer and carries favorable repayment terms. The loan term is usually 55 years or more. However, if the homes ever cease to be affordable, then the loan becomes immediately due and payable to the City. Neighborhood Outreach Habitat for Humanity has held two neighborhood meetings on November 6, 2008 and June 2, 2011 to familiarize its neighbors within a 300-foot radius with the details of the project. Noticing of the hearing was placed in the Cupertino Courier and mailed to property owners within a 300-foot radius. 296 ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011 Residents attending the neighborhood meetings had several questions (staff responses are in Italic below): 1)Is there a screening process for the potential buyers of the proposed homes? Yes, Habitat for Humanity screens all potential buyers who must: a) Meet certain income limitations, b)Currently live or work in Cupertino, c)Must contribute a certain amount of labor to build the homes, d)Agree to take classes in home ownership. Habitat for Humanity will be available at the hearing to answer other questions you may have about their buyer screening. 2) How will the common areas be maintained? Habitat for Humanity will require owners to record a maintenance agreement for the common areas and pay regularly into a fund to pay for landscape maintenance services. 3) The exterior building setbacks seem small. How will privacy of adjacent properties be protected? Homes on Lots #1 & #4 were redesigned with high-sill, second floor windows facing adjacent properties to avoid privacy view impacts since there is not adequate space for privacy planting in the side yards. The Lot #3 home has privacy trees, which are depicted on the plan set. DISCUSSION: Site & Building Design The site is accessed by a 20-foot wide driveway leading to an eight (8) car open parking lot. Behind the parking, toward the rear of the lot, four small, 2-story wood frame single-family residences are proposed to be clustered around a pedestrian pathway that connects the parking lot at one end to a community garden/play area at the other end. The development area of the property is constrained by a 17.5-foot wide existing storm drain and proposed sanitary sewer easement area on the east side of the property. The proposed side and front building setbacks range from 4 to 5 feet, while the rear setback is a minimum of 10 feet to 21 feet. Houses are proposed to have composition roofs and Hardie lap siding. For architectural interest, each house has a one story porch and wooden awning feature over a door and window. Please see the plan set (attachment 5) for the detailed drawings. Privacy Protection The development will have views into the residential property to the west and possible views to the properties to the south, which are separated from the project site by a 1 ½ story masonry wall topped by 3-feet of lattice work. To address potential privacy concerns, the Plan 1 homes on Lots 1 & 4 were redesigned with high sill windows facing toward the abutting properties. The Plan 2 home on Lot 3 is proposing privacy trees next to the existing townhouses. Parking Exception The applicant requests a parking exception to reduce the parking requirements for the project from 2.8 stalls per unit (12 stalls: 8 enclosed/4 open) down to 2.0 parking stalls per dwelling (8 open stalls). The Planning Commission may grant a parking exception contingent on making 297 ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011 the following findings. Staff believes the findings can be made and recommends approval of the parking exceptions (staff comments are in italics after each listed finding): Parking Exception Findings a.The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. The intent of the parking ordinance is to regulate parking of vehicles which are unsightly, oversized or which are detrimental to property values or the peace and enjoyment of neighboring property owners or residents, and provide adequate amounts of parking for various land use activities. Staff believes parking will be adequate for the proposed units at 2.0 spaces per unit for the following reasons: 1) The lots and dwellings are small, about 1,500 square foot lots and 1,000 square foot homes with just 2 bedrooms and 1.5 baths. There is practically no expansion potential for these homes; 2) All of the parking is open and cannot be converted to storage as might happen in a garage, so there will not be the potential of any further reduction in parking supply; and Habitat for HumanityÔs development experience with small-size home projects indicates that two parking spaces per dwelling is an adequate parking ratio for smaller-size homes. b.The granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare. Presently the proposed parking lot is set back a minimum of 30 feet from the property line and screened from the neighborhood by a minimum 6-foot wooden fence. Further, since the site planning is severely constrained on the property, any additional parking will remove landscaped areas and potentially make the parking lot more visible to Cleo Avenue. c.The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose. The exception request amounts to a difference of only four stalls for four houses. d.The proposed exception will not result in significant impacts to neighboring properties. The project has little potential for increased parking demand and the requested exception amounts to only four parking stalls, periodic additional demands by guests of residents can be accommodated by available street parking in the cul-de-sac. Other DepartmentsÔ Review The CityÔs Public Works Department, Building Division, the Santa Clara County Fire Department, and the Cupertino Sanitary District reviewed the project and have no objections to the project. Their pre-hearing comments have been incorporated as conditions of approval or project modifications. Environmental Assessment The project is categorically exempt from the California Environmental Quality Act (CEQA) and National Evironmental Policy Act (NEPA). The project was determined to be categorically exempt from NEPA by the Director of Community Development on April 22, 2011. Under CEQA the project is exempt under Section 15332: In-Fill Development Projects. Projects considered under this category must meet the following conditions: a) consistent with general plan and zoning; b) within City limits, parcel under 5 acres and substantially surrounded by 298 ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011 development; c) property has no value as habitat for endangered, rare or threatened species; d) site is adequately served by all required utilities and public services and e) approval of project would not result in any significant effects related to traffic, noise, air quality, or water quality. Construction measures will be incorporated in the housing to ameliorate interior noise to acceptable levels. Prepared by: Colin Jung, AICP Senior Planner Vera Gil, Senior Planner Reviewed by: Approved by: /s/Gary Chao /s/Aarti Shrivastava Gary Chao Aarti Shrivastava City Planner Community Development Director ATTACHMENTS: 1. TM-2011-01 Resolution 2: U-2011-05 Resolution 3: ASA-2011-06 Resolution 4: EXC-2011-06 Resolution 5: Plan Set 299 BUUBDINFOUD Cupertino Planning Commission June 14, 2011 4 Vice Chair Miller: Said his issue was that if the building and site was initially designed for a specific use, he would have difficulty saying years later that the applicant is going to have to change the uses that the building was put to. If it was originally designed and approved as buildings for multiple uses, that is one thing; but when it is specifically designed and being used for a single use or certain category uses, it is difficult to make a determination after many years that we are now going to change how the building is going to be used, even though the building may not be designed for those other uses. He said that is why he did not see it setting a precedent or creating issues for other applications coming in, and he felt it was reasonable to allow the applicant the flexibility that he has always had with the building. Com. Brownley: Said that he agreed that the owner had a good understanding both from having owned the building for a long time and understanding how to make the best use of the space. He agreed that they should enable that flexibility especially if it was developed that way in the first place. Com. Brophy: Said one possibility is to allow 100% but consider the staff recommendation on excluding the spaces that face directly onto DeAnza Boulevard, approximately 85%. Given the design of the structure, it is not easily suited on the interior spaces for many general commercial uses. Com. Brownley: Said he liked the idea; looking at the building next door that shares the parking lot, it looks like it is being renovated and will have doors facing DeAnza and there will also be adjacent properties with that same look and feel, so it would fit within that sidewalk section. Com. Brophy: Suggested phrasing it to exclude that the front spaces 107, 108, 208, 209 be reserved for uses permitted under the general commercial ordinance; staff can clean up the language on the final document. Gary Chao: If that is the direction, he suggested avoiding using number of tenant spaces because that changes sometimes; either square footage, or the fact that the tenant spaces that have footage along DeAnza, are good references for consideration. Motion: Motion by Vice Chair Miller, second by Com. Sun, and carried 4-1-0, Chair Lee voted No; to approve Application U-2011-06 with the change to permit office uses for most of the center except for the offices that front on DeAnza Boulevard. The agenda was moved back to Item 3. 3. U-2011-05, ASA-2011-06, Use Permit for four, two-story single family dwellings on EXC-2011-06, TM-2011-01 0.30 acres; Architectural and Site approval for four, two- Chris Weaver (Habitat for story single family dwellings; Parking Exception to allow Humanity) a parking ratio of 2 stalls per dwelling, in lieu of the Cleo Avenue required 2.8 stalls, garage and open) per dwelling, for a small lot family residential project; Tentative Subdivision Map to subdivide 0.30 acres into 4 lots and a common area lot for a single family residential development. Postponed from May 24, 2011 Planning Commission meeting; Tentative City Council date: July 5, 2011 29: Cupertino Planning Commission June 14, 2011 5 Colin Jung, Senior Planner, presented the staff report: Reviewed the application from Habitat for Humanity for Tentative Map, Use Permit, Architectural and Site Approval and Parking Exception, for construction of four single-family residences on 0.30 acres, as outlined in the staff report. He reviewed the background of the application and the project site data. Staff feels that there will not be a significant economic impact from the project; and feels it will improve the neighborhood as presently the area is in a state of blight. Staff answered questions relative to the project. Chris Weaver, Director of Development, Habitat for Humanity, Silicon Valley: Answered questions relative to the maintenance agreement between home owners and Habitat for Humanity and explained the selection process for potential home owners. Preference is given to current Cupertino residents, they must provide 500 sweat equity hours of labor in building the home; and they must fulfill requirements similar to those of regular mortgage applicants, and have a good credit rating and the ability to manage the mortgage payments. Chair Lee opened the public hearing. Jennifer Griffin, Rancho Rinconada resident: Said she felt the potential homeowners should be entitled to the same Cupertino parking standards of 2.8 spaces, not the modified 2 spaces. Chris Weaver: Said Habitat for Humanity would provide the full 2.8 spaces per unit if possible; however, the space for the project is limited. She noted that Habitat for Humanity’s regulations permit 2 persons per bedroom, and the proposed units are 2 bedroom units; therefore only 4 people would be permitted in each unit and 2 spaces per unit is adequate. Motion: Motion by Vice Chair Miller, second by Com. Brownley, and unanimously carried 5-0-0, to approve Application U-2011-05, ASA-2011-06, EXC-2011-06, TM-2011-01, per the model resolution. 5. U-2010-02, TR-2011-09 Use Permit to allow a new daycare facility at an existing Tony Chen (Yunjian Zou/ office building. Tree Removal Permit to allow the removal O-Mei Academy) and replacement of 3 trees in conjunction with parking lot 10070 Imperial Ave. and landscaping improvements at a new daycare facility. Planning Commission decision final unless appealed. George Schroeder, Assistant Planner, presented the staff report: Reviewed the applicationfor Use Permit for a daycare center and tree removal permit for removal and replacement of three trees, on Imperial Avenue, as outlined in the staff report. The proposed site is located in an area with general commercial uses, condos, single family housing and automotive repair uses; the playground does not abut the residential area. The existing business operates as a martial arts academy and a dance studio, which will be expanded to operate a day care/after school program serving up to 40 children. The business currently operates as a heritage school which is not subject to State Depa0rtment of Social Services regulations. The site is currently accessed by one existing non-conforming 16-foot wide driveway entrance from Imperial Avenue. Staff is requiring the applicant to widen the driveway to 22 feet to allow for safer passage of ingress and egress vehicles; existing power poles and cable utility box must be removed in order to facilitate the widening of the driveway. Staff supports the project and recommends Planning Commission approval of the application 2:1 315 316 317 318