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Searchable packet 10-02-12 Table of Contents Agenda3 Parks & Recreation Commission interviews for unscheduled vacancy Written materials to be submitted separately7 Presentation from the Cities Association of Santa Clara County regarding their organization, background, and priorities for 201 No written materials8 September 18 City Council minutes Draft minutes9 Accounts Payable for period ending September 14, 2012 A- Draft Resolution16 Accounts Payable for period ending September 21, 2012 A - Draft Resolution27 Cancel the first meeting in January, 2013 Staff report39 Authorize the City Manager to enter into an agreement extending the existing agreement for consultation services with Insight Consulting Services through June 30, 2016 Staff report40 A - Insight amended agreement41 B - 2006 Insight agreement47 Parks and Recreation Commission Work Plan for Fiscal Year 2012 - 2013 Staff Report51 Alcoholic Beverage License, Aloft Hotel, 10165 N De Anza Boulevard Staff Report54 A - Application55 The City’s intent to vacate portions of easements on properties near the north approach to the Don Burnett Bicycle-Pedestrian Bridge Staff Report58 A - Draft Resolution Declaring the City?s Intention to Vacate a Portion of Street Purpose and Public Roadway Easements59 B - Draft Resolution Declaring the City?s Intention to Vacate a Portion of Public Street Easement61 C - Map63 2012 Surface Transportation Program (STP) Overlay Project Re -Bid, Project No. 2012-05 Staff Report64 A - Contract66 Municipal Improvements, 790 South Blaney Avenue Staff Report72 A - Map73 1 Funding the Environmental Education Center Project Staff Report74 Environmental Education Center and Outdoor Gathering Shelter Design Agreement Staff Report77 Approve a semi-rural designation eliminating the requirement for sidewalks on Almaden Avenue between Byrne Avenue and Orange Avenue, pursuant to Ordinance No. 1925 Staff Report79 A - Draft Resolution81 B - Map82 C - Signed Petition83 2 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING SUCCESSOR TO THE REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Tuesday, October 2, 2012 5:05 PM CITYCOUNCIL MEETING ROLL CALL –5:05 PM COMMISSION INTERVIEWS 1.Subject:Parks & Recreation Commission interviews for unscheduled vacancy Recommended Action:Conduct interviews Written materials to be submitted separately Page:Written materials to be submitted separately PLEDGE OF ALLEGIANCE –6:45 PM ROLL CALL CEREMONIAL MATTERS ANDPRESENTATIONS 2.Subject:Presentation from the Cities Association of Santa Clara County regarding their organization, background, and priorities for 2012 Recommended Action:Receive presentation No written materials Page:No written materials in packet POSTPONEMENTS 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. 3 Tuesday, October 2, 2012Cupertino City Council Successor to theRedevelopment Agency 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. 3.Subject:September 18 City Council minutes Recommended Action:Approve minutes Draft minutes Page:9 4.Subject:AccountsPayable for period ending September 14, 2012 Recommended Action:Adopt Resolution No. 12-113 A-Draft Resolution Page:16 5.Subject:Accounts Payable for period ending September 21, 2012 Recommended Action:Adopt Resolution No. 12-114 A-Draft Resolution Page:27 6.Subject:Cancel the first meeting in January, 2013 Recommended Action:Cancel meeting Staff report Page:39 7.Subject:Authorize the City Manager to enter into an agreement extending the existing agreement for consultation services with Insight Consulting Services through June 30, 2016 Recommended Action:Extend the term of the existing agreement Staff report A-Insight amended agreement B-2006 Insight agreement Page:40 8.Subject:Parks and Recreation Commission Work Plan for Fiscal Year 2012 -2013 Recommended Action:Approve the Parks and Recreation Commission Work Plan Staff Report Page:51 9.Subject:Alcoholic Beverage License, Aloft Hotel, 10165 N De Anza Boulevard Recommended Action:Approve application for On-Sale General for Bona Fide Public Eating Place Staff Report A-Application Page:54 4 Tuesday, October 2, 2012Cupertino City Council Successor to theRedevelopment Agency 10.Subject:The City’s intent to vacate portions of easements on properties near the north approach to the Don Burnett Bicycle-Pedestrian Bridge Recommended Action:Adopt Resolution Nos. 12-115 and 12-116 setting a public hearing for November 5, 2012 Staff Report A-Draft Resolution Declaring the City’s Intention to Vacate a Portion of Street Purpose and Public Roadway Easements B-Draft Resolution Declaring the City’s Intention to Vacate a Portion of Public Street Easement C-Map Page:58 11.Subject:2012 Surface Transportation Program (STP) Overlay Project Re-Bid, Project No. 2012-05 Recommended Action:Authorize Director of Public Works to award contract to O’Grady Paving, in the amount of $388,855.60, and approve a construction contingency of $100,000.00, for a total of $488,855.60 Staff Report A-Contract Page:64 12.Subject:Municipal Improvements, 790 South Blaney Avenue Recommended Action:Accept Municipal Improvements Description:The applicant has completed City-specified improvements in the City right-of- way including driveway approach, sidewalk, curb ramp and curb & gutter as required by the improvement agreement with the City Staff Report A-Map Page:72 SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCESAND ACTION ITEMS 13.Subject:Funding the Environmental Education Center Project Recommended Action:Appropriate funds for the Environmental Education Center Project Staff Report Page:74 14.Subject:Environmental Education Center andOutdoor Gathering Shelter Design Agreement Recommended Action:Authorize the City Manager to negotiate and execute a consultant services agreement for design services not to exceed $200,000 Staff Report Page:77 5 Tuesday, October 2, 2012Cupertino City Council Successor to theRedevelopment Agency 15.Subject:Approve a semi-rural designation eliminating the requirement for sidewalks on Almaden Avenue between Byrne Avenue and Orange Avenue, pursuant to Ordinance No. 1925 Recommended Action:Adopt Resolution No. 12-117 Description:Property owners along the frontage of Almaden Circle and Almaden Avenue between Byrne Avenue and Orange Avenue have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalks. This semi-rural application applies only to properties within these designated streets Staff Report A-Draft Resolution B-Map C-Signed Petition Page:79 REPORTSBY COUNCIL AND STAFF ADJOURNMENT SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. 6 CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject:Parks & Recreation Commission interviews for unscheduled vacancy. WRITTEN MATERIALS TO BE SUBMITTED SEPARATELY 7 CITY COUNCIL STAFF REPORT Meeting:August 21, 2012 Subject:Presentation from the Cities Association of Santa Clara County regarding their organization, background, and mission. NO WRITTEN MATERIALS IN PACKET 8 DRAFT MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Special Meeting Tuesday, September 18, 2012 CITY COUNCIL MEETING ROLL CALL At 5:05p.m. Mayor Mark Santorocalled the special meeting to order in the Council Chamber, 10350Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CLOSED SESSION 1.Subject: Public Employee Performance Evaluation (Government Code 54957) -City Attorney 2.Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency negotiators: Carol Atwood and David Brandt; Employee organizations: OE3; CEA; City Attorney's Group; Unrepresented At 5:05p.m. Council recessed to a closed session, and reconvened in open session at 6:45p.m. Mayor Santoro announced that for item number one conducted the evaluation and provided input, and for item number two obtained abriefing and gave no direction. PLEDGEOF ALLEGIANCE At 6:45p.m. Mayor Mark Santororeconvenedthe special City Council meeting and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong.Absent: none. CEREMONIAL MATTERS ANDPRESENTATIONS -None 9 Tuesday, September 18, 2012Cupertino City Council Successor to the Redevelopment Agency POSTPONEMENTS –None Mayor Santoro welcomed the new City Manager David Brandt. ORAL COMMUNICATIONS Charles Johnson asked for a ban on the sell and use of plastic disposable lighters and related products in the City and in California. He said he feels the ban of these lighters would eliminate mischief such as smoking and burning inappropriate substances or starting fires, litter of a non- biodegradable product, wasteful use of so many lighters, and show that the habit of smoking is not acceptable. CONSENT CALENDAR Sinksmoved and Mahoneyseconded to approve the items on the Consent Calendaras recommendedincluding the amendments to the minutes.Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: Council member Sinks abstained from item number 7. 3.Subject:September 4 City Council minutes Recommended Action:Approve minutes Written communications for this item included two changes to the minutes. 4.Subject: Accounts Payable for period ending August 24, 2012 Recommended Action: Adopt Resolution No. 12-101 5.Subject: Accounts Payable for period ending August 31, 2012 Recommended Action: Adopt Resolution No. 12-102 6.Subject: Accounts payable for period ending September 7, 2012 Recommended Action: Adopt Resolution No. 12-103 7.Subject: Authorize the City Manager to enter into an agreement extending the current agreement for consulting services with ACI Holdings, Inc. later renamed BAZ Industries, Inc. through February 19, 2013 Recommended Action: Extend the term of the current agreement Council member Sinksrecused himself from voting on this item due to a possible conflict of interest. 8.Subject: Alcoholic Beverage License, Shanghai Dumpling, 10895-10897 S. Blaney Avenue Recommended Action: Approve application for On-Sale Beer and Wine (41) 9.Subject: Alcoholic Beverage License, Shanghai Dumpling, 10895-10897 S. Blaney Avenue Recommended Action: Approve Alcoholic Beverage License, Shanghai Dumpling, 10895- 10897 S. Blaney Avenue, for On-Sale General Bona Fide Eating Place (47) 10 Tuesday, September 18, 2012Cupertino City Council Successor to the Redevelopment Agency 10.Subject: Alcoholic Beverage License, 99 Ranch Market, 10425 S. De Anza Boulevard Recommended Action: Approveapplication for Off-Sale General (21) 11.Subject: Improvement Agreement, Yu-Jen Wang, 10140 Byrne Avenue, APN: 357-16-046 Recommended Action: Adopt Resolution No. 12-104 Description: Through the improvement agreement with the City, the applicant for a building permit for a residential development will be obligated to construct City-specified street improvements, including curb, gutter, sidewalk and driveway approach along the frontage of their building site 12.Subject: Improvement Agreement, William Li and Diane Li, 22079 San Fernando Court, APN: 357-12-008 Recommended Action: Adopt Resolution No. 12-105 Description: Through the improvement agreement with the City, the applicants for a building permit for a residential development will be obligated to construct City-specified street improvements, including curb, gutter and driveway approach along the frontage of their building site SECOND READING OF ORDINANCES 13.Subject:Second reading and adoption of amendments to Chapter 16.58 of the Cupertino Municipal Code regarding Green Building standards and amendment to the City's fee schedule Recommended Action:Conduct second reading and enact Ordinance No. 12-2099: "An Ordinance of the City Council of the City of Cupertino amending Chapter 16.58 of the Cupertino Municipal Code to amend the Green Building Standards Code to include local green building requirements" Description:Application: MCA-2010-04; Applicant: City of Cupertino; Location: citywide; Municipal Code Amendment to adopt a Green Building Ordinance Wongmoved and Mahoneyseconded to read the ordinance by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Mahoney, Santoro, Sinks and Wong. Noes: Chang. Wongmoved and Mahoneyseconded to enact Ordinance No. 12-2099. Ayes: Mahoney, Santoro, Sinks, and Wong. Noes: Chang. Council member Chang said that he votedno because the ordinance isn’t strict enough and defeats the whole purpose of having a Green Building Ordinance. PUBLIC HEARINGS 14.Subject:Development permits and associated permits for demolition of existing commercial buildings and construction of a mixed-use project consisting of 7,000 square feet of retail and 78 apartment units. The project also includes a 12-unit expansion to the existing Biltmore Apartment complex adjacent to the site 11 Tuesday, September 18, 2012Cupertino City Council Successor to the Redevelopment Agency Recommended Action:A. Approve Application Nos. EA-2011-16 and EA-2011-05 for a mitigated negative declaration for the Stevens Creek site and Biltmore Apartment complex; B. Adopt Resolution No. 12-106 approving DP-2011-06; C. Adopt Resolution No. 12-107 approving ASA-2011-20; D. Adopt Resolution No. 12-108 approving TR-2012-18; E. Adopt Resolution No. 12-109 approving DP-2011-05; F. Adopt Resolution No. 12-110 approving ASA-2011-19; G. Adopt Resolution No. 12-111 approving TR-2012-13 Description:Application: DP-2011-06, ASA-2011-20, TR-2012-18 (EA-2011-16); Applicant: Mike Ducote (Prometheus Real Estate); Location: 20030, 20060 Stevens Creek Blvd,10041 Blaney Ave and the vacant lot behind 10041 Blaney Ave; Development Permit to allow the demolition of an approximately 20,000 square foot existing commercial building and the construction of a mixed-use project consisting of 78 apartment units and a 7,000 square foot commercial building; Architectural and Site approval for a new mixed use development consisting of 78 apartment units and a 7,000 square foot commercial building; Tree Removal Permit to allow the removal and replacement of approximately 57 trees to facilitate the construction of a new apartment complex; Mitigated Negative Declaration; Application: DP-2011-05, ASA-2011-19, TR-2012-13 (EA-2011-15); Applicant: Mike Ducote (Prometheus Real Estate); Location: 10159 S Blaney Ave; Development Permit to allow the construction of 12 new residential units at an existing apartment complex; Architectural and Site approval for 12 new residential units within an existing apartment complex; Tree Removal Permit to allow the removal and replacement of approximately 5 trees to facilitate the construction of two new apartment buildings; Mitigated Negative Declaration Written communications for this item included letters from Margaret Bard and Adam Montgomery of the Santa Clara County Housing Action Coalition, Daniel Brunello of LeBoulanger, and Bradford Speers of the Building Industry Association; emails from Robert McKibbin, Michael Ducote, Jonathan Moss, Amud Krishnamurthi, Sharon Frieson, Fari Aberg, Vernon Miranda, and Peter Cooperstein. AssistantPlanner Simon Vuongreviewed that staff report via a PowerPoint presentation. Applicant Jon Moss from Prometheus saidthathis project has the support of the Chamber of Commerce, Cupertino Planning Commission, Silicon Valley Leadership Group, Building Association Industry, and the Santa Clara County Housing Action Coalition. He said that his proposal has no variances to the zoning code such as building height, number of units, parking, traffic, or landscaping. Mr. Moss also said that the Heart of the City plan supports all aspects of the proposal as well as the General Plan. Heshoweda slide notingthe results of the parking survey in which the average parked stalls were 1.33 per unit or 28% fewer stalls than proposed with a 1.7 ratio or 99 stalls. He saidthey are proposing 99 more stalls than what are required and recommended by the parking survey and that they conducted an internal parking survey on two different nights which showed similar results of a 1.44 and 1.48 demand. He saidthatthe traffic study concluded there was no significant impact to the proposed project and that the public outreach meetings went well. He also said that 7,000 square feet of retail should provide more revenue to the City than what was previously generated. Mayor Santoro opened the public hearing. 12 Tuesday, September 18, 2012Cupertino City Council Successor to the Redevelopment Agency Jennifer Griffin commended the staff for coming up with something that would be amenable to everyone. She said that she is glad that the developer has adhered to the Heart of the City and that the tree lined Stevens Creek corridor was important to Cupertino and she would like to see even fewer apartments. She said it’s important to remember that whenever there is an increased load of buildings that intersections should also be updated to accommodate the increase in traffic. Shesaid she also supports keeping the Cork Oak trees. Adam Montgomery representing the Santa Clara County Housing Action Coalition said that they met with the developer and discussed the possibility of more housing on the site, but that they supportthe proposal regardless of whether more housing is added. Kevin McClelland from the Cupertino Chamber of Commerce said that they are usually against converting commercial into housing, but feels that this is a good alternative for the site. Mr. McClelland expressed some concern about having retail below but said he feels it’s the right size and will do a good job based on the square footage. Brad Speers representing the Building Industry Association expressed support for the project and encouraged Council to approve it. He said that it’s hard to find an apartment to rent in Cupertino andhewould like to see good strong development without being 40 stories high. He said that Apple willbring many employees into the City and that he feels this type of housing will be attractive to them. Phyllis Dickstein said she would like another traffic survey done at the intersections and one at Blaney Ave. She said she would be surprised if positive feedback was received from ordinary people other than the organizations who spoke tonight. She said she feels that Cupertino is a suburban town and thatmost people want it to remain that way rather thanturn into San Jose or San Francisco. She urged Council to honor the original commitment to the community and approve the project for a total of 72 units. She said she feels that the project was compromised and that Council should be committed to the prior approval of the project. Kamara Biawogi, San Jose resident attending Prospect High School,said that Prospect’s students were writing a paper and asked what the biggest issues were regarding this project from the prior meeting. Chang said he would like to see more retail space to strengthen the City’s financial status. Santoro said the biggest issues discussed were parking around the area, how much retail would be generated, additional students added, traffic, retail, and housing. Mahoney said that they cannot make decisions based on the impact to schools. Robert McKibbin, also representing Peggy Griffin and Barbara McKibbin, distributed an email to Council regarding this project and said he was surprised to see that the item hasn’t changed a bit from the original proposal. He said he supports holding the developer to Cupertino’s parking code of two parking stalls per unit. He said thatthere are flaws in the parking study and that he has not seen more than 15 or 20 vacant stalls at Biltmore on any night rather than 116 as the study concluded. He said the housing should be reduced to 50 or 60 units and the retail increased from 7,000 square feet to 10 to 15,000 square feet. 13 Tuesday, September 18, 2012Cupertino City Council Successor to the Redevelopment Agency Tom Hugunin said that he has never seen an empty parking space next to the Biltmore on Blaney Avenueand that there is not enough parking or retail in the project and he would like to see a bettercompromise. Kuei-nung Kao said that he is against the project. He noted thatthe schools are already crowded and this project wouldput pressure on the community and education that will eventually degrade the excellent quality of the schools. Stuart Chessen was not present at the meeting but left written comments thathe was in opposition tothe project. Mayor Santoro closed the public hearing. Wong moved and Mahoney seconded to approve Application Nos. EA-2011-16 and EA- 2011-05 for a mitigated negative declaration. The motion carried with Chang voting no. Wong moved and Mahoney seconded to adopt Resolution Nos. 12-107 and 12-110 approving Application Nos. ASA-2011-20 and ASA-2011-19. The motion carried with Chang voting no. Wong moved and Mahoney seconded to adopt Resolution Nos. 12-108 and 12-111 approving Application Nos. TR-2012-18 and TR-2012-13. The motion carried with Chang voting no. Wong moved and Mahoney seconded to adopt a combined Resolution No. 12-112 (replacing individual Resolution Nos. 12-106 and 12-109)approving DP-2011-06 and DP-2011-05 with an amendment to build 80 units total. The motion carried with Chang and Santoro voting no. Council recessed from 9:55 p.m. to 10:05p.m. ORDINANCESAND ACTION ITEMS 15.Subject:Consider canceling the November 20 City Council meeting Recommended Action:Consider canceling meeting Wongmoved and Mahoneyseconded to cancel the November 20 meeting.The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:15p.m. the meeting was adjourned to Oct 2 beginning at 5:05p.m. for Parks and Recreation Commission interviews, City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA 95014. 14 Tuesday, September 18, 2012Cupertino City Council Successor to the Redevelopment Agency ______________________________ Grace Schmidt, 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 theCupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject Cancel the first meeting in January, 2013. Recommended Action Cancel the meeting. Discussion The first City Council meeting in January falls on the1stwhich is an observed City holiday. Chapter 2.04.010 of the Cupertino Municipal Code states that City Council meetings that fall on legal holidays shall automatically be moved to the following day, which in this case isJanuary 2nd.Since City Hall will be closed from December 24th through January 1st staff recommends canceling the first meeting in January, 2013. _____________________________________ Prepared by:Grace Schmidt, City Clerk Reviewed by: Carol Atwood, Director of Administrative Services Approved for Submission by:David Brandt, City Manager Attachments: None 39 ADMINISTRATIVE SERVICESDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject Authorize the City Manager to enter into an agreement extending the existingagreement for consultation services with Insight Consulting Services (Insight) through June 30, 2016. Recommended Action Amend the term of the existing agreement. Description The City has an existing agreement with Insight and recommends extension of that agreement for another five-year period. Discussion The City entered into a five-year consultant agreement with Insight in 2006 to provide an incentive for Insight to generate new sale tax activities within the City. Last year, City staff entered into negotiations with the company to extend the agreement for an additional five year period. A copy of this original agreement and the amended agreement is attached for your review. Fiscal Impact Provides the City net sales tax revenue of over $1 million per year. ____________________________________ Prepared by:Carol Atwood, Director of Administrative Services Reviewed by:David Brandt,City Manager Approved for Submission by:David Brandt,City Manager Attachments: A-Original Agreement B-Amended Agreement 40 41 42 43 44 45 46 47 48 49 50 PARKS AND RECREATION DEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3110www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject Parks and Recreation Commission Work Planfor Fiscal Year 2012 –2013 Recommended Action Approve the Work Plan Description The Cupertino Parks and Recreation Commission held their annual work plan preparation retreat on July 14, 2012. The Commission voted on the issues to be covered by theCommission at its September 6, 2012 meeting. Discussion City Council suggestedthatthe Commission include reviewing the Special Events Policy and Non-Profit grants process, and the Master Plan for building locations from McClellan to Stevens Creek (to include assessment of buildings by Public Works and an outside consulting firm). The current special events policy addresses guidelines for conducting a special event. During the budget process, Council added Happy Kids Day as a City sponsored special event. A question arose as to the criteria for an event to become a City sponsored event. Staff will develop a proposed policy focusing on the criteria to become a City sponsored special event. The Commission will review and act on the proposed policy and forward it to the City Council for final discussion and action. During the recent budget deliberations, several non-profit organizations appeared before the City Council requesting a grant. Council attempts to address the requests when a motion is made on the final budget. Staff will develop a proposed grants process and contract and present the process to Parks and Recreation Commission for review and recommendation. That recommendation would be forwarded to the Council for deliberation and action. Cupertino has a process for the Community Development Block Grant awards which will provide an initial framework for a more formal grants process for General Fund grants. With the prospect of donated buildings and new buildings from McClellan to Stocklmeir, the Council asked the staff and the Parks and Recreation Commission to prepare a master plan on where these buildings should be located. 51 In addition to theseitems, the Commission voted, pending Council approval, to address the following issues: Parks maintenance and dealing with the geese is an issue that the Commission has attempted to address. This item is in the work plan for an update from Parks Maintenance staff on these issues. The final proposed design for the Linda Vista Pondsarea will come before the Commission so the Commission can offer a recommendation to the City Council. Each May the Parks and Recreation Commission reviews the proposed Parks and Recreation Capital Improvement Program Budget. The Commission provides feedback to the PublicWorks Director and the Council. The Commission is interested in exploring a possible Mathand/or Science Competition in Cupertino. The Commission received a presentation regarding historic signs along Stevens Creek Traillast year. This will be an update on the status of all possible signs along the trail. Each year staff presents an evaluation ofBlackberry Farmoperatingpoliciesand any recommended changes to the Commission. The evaluation and any suggested changes would have been discussed withthe Blackberry Farm Neighborhood Advisory Committee prior to coming to the Commission. The Commission has considered thefuture use for the Sports Center pool areain a previous year. Staff has conducted a survey of Sports Center members and the City included questions about the future use of the Sports Center pool area in its Godbe survey. This information will be considered in new deliberations on the future use with a recommendation going to the City Council. The Commission also voted to receive updates on the following: The results of Parks and Recreation staff use of Social Media including Facebook, Twitter, Yelp. The Commission is interested in learning more about the operation of the Cupertino Sports Center and the Cupertino Teen Center. The Commission would like an update on the status of a future park at Lawrence/Mitty. As there are a number of Parks and Recreation projects funded in the 2012-2013 CIP, the Commission will receive regular updates on the status of these projects. The Commission receives an annual update from the Friends of Stevens Creek Trail. The Commission is interested in havingthe Audubon Societyprovide anupdateof its activities. One of the priority projects in the McClellan Ranch Preserve Master plan is ahistoric review. Staff will present a status report on this review. De Anza Force Soccer League and the Cupertino Chamber of Commerce presented the idea of a RegionalSoccer Tournamentin Cupertino to the Commission last year. The 52 Commission expressed interest in the concept of a tournament and requested the group return with an update. Sustainability Impact N/A Fiscal Impact N/A _____________________________________ Prepared by: Mark Linder, Director, Parks and Recreation Approved for Submission by:David Brandt,City Manager Attachments: None 53 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 2, 2012 Subject Alcoholic Beverage License, Aloft Hotel,10165 N De Anza Boulevard Recommended Action Approveapplicationfor On-Sale General for Bona Fide Public Eating Place. Description Name of Business:AloftHotel Location:10165 N De Anza Boulevard Type of Business:Hotel Type of License:On-Sale Generalfor Bona Fide Public Eating Place (47) Reason for Application:Premise-to-Premise Transfer,Person-to-Person Transfer,Annual Fee, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 47 authorizes the sale of beer, wine, and distilledspirits for consumption on thepremises where sold. _____________________________________ Prepared by:Julia Kinst, Planning Department Reviewed by:Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by:David Brandt, City Manager Attachment:Application for Alcoholic Beverage License 54 55 56 57 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject portions of easementson properties near the north approach to theDon The City’s intent to vacate Burnett Bicycle-Pedestrian Bridge. Recommended Action Adopt Resolution Nos. 12-____ and 12-____ setting a public hearing for November 5, 2012. Background As part of the closeout for the construction of the Don Burnett Bicycle-Pedestrian Bridge, the City needs to transfer land to Caltrans for the new sound wall and bridge tower foundation; however all easementsmustbe cleared before Caltrans will accept the land. Adoption of these resolutions will allow the City to declare its intention to vacateportions ofthe existing easement on one parcel and vacate portions of two easements on another parcel,and to set a public hearing for the proposed vacation on November 5, 2012. Fiscal Impact There will be no fiscal impact incurred byapproving this vacation ofeasements. ___________________________________ Prepared by:Carmen Lynaugh, Public Works Project Manager Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David Brandt,City Manager Attachments: A-Draft Resolution Declaringthe City’sIntention to Vacatea Portion of Street Purpose and Public Roadway Easements. B-Draft Resolution Declaringthe City’sIntention toVacatea Portion of Public Street Easement. C-Map 58 ATTACHMENT A Resolution No. 12- RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF THE STREET PURPOSEEASEMENTAND THE PUBLIC ROADWAY PURPOSE EASEMENT AS PROVIDED IN SECTION 8320 ETSEQ. OF THE STREETSAND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIMEAND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF WHEREAS, a portion of the Street Purpose Easementrecorded August 20, 1969 as Book 8644, page 619 of Official Recordsand a portion of the PublicRoadway Purposes Easement recorded September10, 1975 as Book B605, page 136 of Official Records and more particularly described in legal description and map attached hereto and made part hereof as Exhibits “A” and “B”, is deemed unnecessary for present and prospective public street purposes; and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8320 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid portion of one Street Purposes Easement and portion one of Roadway Purposes Easement. BE IT FURTHER RESOLVED: th 1.That the 5day of November, at 6:45 p.m., in the Community Hall, 10350 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation; 2.That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3.That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, and shall cause certified copies to be posted along the line of said easementsproposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. 59 Resolution No. 12- Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this nd 2day of October, 2012, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ________________________________________________ Grace Schmidt, City ClerkMark Santoro, Mayor, City of Cupertino 60 ATTACHMENT B Resolution No. 12- RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OFAPORTION OF PUBLIC STREET EASEMENT AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETSAND HIGHWAYS CODE OF THESTATE OF CALIFORNIA, FIXING TIMEAND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF WHEREAS,aportion of the Public Street Easementrecorded July 29, 1969 as Book 8620, page 487of Official Recordsand more particularly described in legal description and map attached hereto andmade part hereof as Exhibits “C” and “D”, is deemed unnecessary for present and prospective public street purposes; and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8320 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid portionsof Public Street Easement. BE IT FURTHER RESOLVED: th 1.That the 5day of November, at 6:45 p.m., in the Community Hall, 10350 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation; 2.That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3.That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, and shall cause certified copies to be posted along the line of said easementsproposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. 61 Resolution No. 12- Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this nd 2day of October, 2012, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ________________________________________________ Grace Schmidt, City ClerkMark Santoro, Mayor, City of Cupertino 62 ATTACHMENT C 10709 1 ¯ Location of easements proposed to be vacated. 10659 21435 63 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject 2012Surface Transportation Program (STP)Overlay ProjectRe-Bid, Project No. 2012-05. Recommended Action Authorize the Director of Public Works to award acontract to O’Grady Paving,in the amount of $388,855.60, and approve a construction contingency of $100,000.00, for a total of $488,855.60. Discussion On September 11, 2012, the City received bids for the 2012 STP Overlay ProjectRe-Bid, Project No. 2012-05.To maximize use of available funds, the project consisted of a Base Bid plus an optional Add Alternate.Thecontract award is based upon the Base Bid amount. The scope of the Base Bid includes placing an asphalt overlay on Bubb Roadbetween McClellan Roadand Stevens Creek Blvd. The scope of the Add Alternate includes placing an asphalt overlay on Wolfe Road between the I-280 NB off-ramps and I-280 SB on-ramps. The following is a summary of Base Bids received: BidderBase Bid Amount Engineer’s Estimate$436,000.00 O’Grady Paving$388,855.60 G. Bortolotto & Company, Inc.$396,529.00 C.F. Archibald Paving, Inc.$405,008.76 Interstate Grading and Paving$429,936.45 The low bidder is O’Grady Paving, with a base bid amountof $388,855.60. O’Grady Paving’s bid amount for the Add Alternate was $235,531.00, for a total bid of $624,386.60. Since the contractor’s bid, with Add Alternate exceeds the amount of $500,000 budgetedforthis project, in order to maximize use of available funds, staff recommends Council award the contract in the amount of $388,855.60 witha construction contingency in the amount of $100,000.00 to allow portions of thepreviously contemplated Add Alternate work on Wolfe road to be completed. 64 Fiscal Impact Approximately $500,000.00 of Federal Surface Transportation Program Funds have been appropriated for this project. No General Fund monies will be required to complete the project. _____________________________________ Prepared by:Jo Anne Johnson,Engineering Technician Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David Brandt, City Manager Attachments: A-Contract 65 Project No. 2012-05 DOCUMENT 00520 CONTRACT O’GRADY PAVING, INC. THIS CONTRACT, dated this day of ,2012, by and between 2513 Wyandotte Street, Mountain View, CA94043 whose place of business is located at (“Contractor”), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California (“City”) acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the _____ day of _______________, 2012awarded to Contractor the following Project: PROJECT NUMBER 2012-05 2012 STP OVERLAY PROJECTRE-BID NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agencyand Notices to City 2.1City has designated Roger Lee,Assistant Director, Public Works –Maintenance,to act as City’s Authorized Representative(s), who will represent City in performing City’s duties and responsibilities and exercising City’s rights and authorities in Contract Documents. City may change the individual(s) acting as City’s Authorized Representative(s), or delegate one or more specific functions to one or more specific City’s Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City’s Representativeis the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2All notices or demands to City under the Contract Documents shall be to City’s Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages Contract Time 3.1 The Contract Time will commence to run on the dateindicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions)within 60 working daysas provided in Document 00700 (General Provisions) Liquidated Damages 3.2 City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or anypart ofthe Work is not completed within the times specified above, plus any extensions thereof allowed in City of Cupertino00520-1Contract 2012 STP Overlay Project Re-Bid 66 Project No. 2012-05 accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delayContractor shall pay City: $1,500 3.2.1for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. $1,500 3.2.2for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3$150.00 per day for failure to replace traffic striping asrequired by Document 01010, Section 109-3D. 3.2.4$50.00 per facility per day for failure to raise utilities to finished gradewithin 72 hours of completion of final paving $5,000WORK DAYS AND 3.2.5for each occurrence of a violation of Document 00800, Section 1.7 HOURS . Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached Article 5. Contractor’s Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specificationsor reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documentsand Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous tothe Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract City of Cupertino00520-2Contract 2012 STP Overlay Project Re-Bid 67 Project No. 2012-05 Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawingsand actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7Contractor has duly authorized the execution,delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00431 Bidder’s List of Subcontractors Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00500 Federal Requirements for Federal-Aid Construction Projects Document 00501Required Contract Provisions –Federal-Aid Construction Projects Document 00502 Equal Employment Opportunity Certification Document00504 Debarment and Suspension Certification Document 00505 Nonlobbying Certification for Federal-Aid Contracts Document 00506 Disclosure of Lobbying Activities Document 00507 Proposal Requirements and Conditions Document 00508 Award and Execution of Contract Document 00509 Beginning of Work, Time of Completion and Liquidated Damages Document 00510 Subcontractor and DBE Records Document 00511 Performance of Subcontractors Document 00512 Subcontracting Document 00513 Buy America Requirements Document 00514 Local Agency Bidder-DBE Information Document 00515 Local Agency Bidder UDBE Commitment Document 00516 UDBE Information –Good Faith Efforts Document 00517 Utilization of DBE, First Tier Subcontractors City of Cupertino00520-3Contract 2012 STP Overlay Project Re-Bid 68 Project No. 2012-05 Document 00518 Disadvantaged Business Enterprise Certification Status Change Document 00519 Federal Wage Rates Document 00520Contract Document 00530 Insurance Forms Document 00610Construction Performance Bond Document 00620Construction Labor and Material Payment Bond Document 00630Guaranty Document 00650Agreement and Release of Any and All Claims Document 00660Substitution Request Form Document 00700General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821Insurance Document 00822Apprenticeship Program Technical Specifications Document 01010 Summary of Work Addenda(s) Drawings/Plans 6.2There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4The Contract Sum includes all allowances (if any). 7.5In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15)or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City’s office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and City of Cupertino00520-4Contract 2012 STP Overlay Project Re-Bid 69 Project No. 2012-05 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino00520-5Contract 2012 STP Overlay Project Re-Bid 70 Project No. 2012-05 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and yearfirst above written. 2012STP OVERLAY PROJECTRE-BID CITY:CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the State of California By: [Signature] Attest: [Please print name here] City Clerk: Grace Schmidt Approved as to form by City Attorney:Title: [If Corporation: Chairman , President, or Vice President] ______________________________________________ City Attorney: Carol KoradeBy: [Signature] [Please print name here] I hereby certify, under penalty of perjury, that Timm Borden, Director of Public Worksof the City of Cupertino was duly authorized to execute this document.Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated:________________________________________________ State Contractor’s License No. Classification _____________________________________________________________________________ Timm Borden,Director of Public Worksof the City of Expiration Date Cupertino, a Municipal Corporation of the State of California Designated Representative:Taxpayer ID No._________________________________ Name: Roger LeeName: Title: Assistant Director, Public Works -MaintenanceTitle: Address: 10555Mary Ave,Cupertino, CA 95014Address: Phone: 408-777-3269Phone: Facsimile: 408-777-3399Facsimile: NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE AMOUNT: $388,855.60 NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE ACCOUNT NUMBER:270-9459-9300 REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.: NO. IS REQUIRED END OF DOCUMENT City of Cupertino00520-6Contract 2012 STP Overlay Project Re-Bid 71 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject Municipal Improvements, 790 South BlaneyAvenue,APN 369-11-048. Recommended Action Accept Municipal Improvements. Discussion The applicant hascompleted City-specified improvements in the City right-of-way including driveway approach, sidewalk, curb rampand curb & gutteras 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 Brandt, City Manager Attachments: A-Map 72 ATTACHMENT A 10370 10377 10380 10387 10455 10508 10518 6783 6773 6793 6670 . Subject: Municipal Improvements, 790 South Blaney Avenue, APN 369-11-048. Recommended Action: Accept Municipal Improvements. 73 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject Funding theEnvironmental Education CenterProject. Recommended Action Appropriatefundsfor the Environmental Education CenterProject. Background In December 2004 theCity of Cupertinoapplied for aRoberti-Z’berg-Harris Urbanized Area Need-Basis Grant(Proposition 40)for an environmental educationcenter. In June 2005 the proposed project was selected for a grant and in June 2006 a grant agreement was executed for the amount of$251,000 for construction ofanEnvironmental Education Center (EEC)at McClellan Ranch Preserve.The project description for the grantwas specific as towhat the facility would provide,with an overall estimated costof $1.4 million. Acondition of the agreementrequired that constructionof the facilitywas to be completed by March 2012,three months in advance of the sunset of the grant program in June 2012.In July 2011, the grant program was extended and the project completion is now required by the end of 2014. The Proposition40 grant provides approximately 18% of the funding required to execute the project, whichthe City may collect as a reimbursement for eligible expenditures on the project. Reimbursement of the cost forpre-construction work is limited to a maximumof 10% of the total grant amount. The balance of $1,149,000for the project would need to comefrom other sources. At the time the project was initiated, it was treated as an element of the Stevens Creek EEC CorridorPark & Restoration project. As the Stevens Creek Corridorproject evolved and progressed,it became clear that the should be unlinked from the larger creek project which EEC had other larger grant funding at risk. From2007through 2009, no other funding was appropriated to the EEC project. Pre- construction work for the was undertaken coincident with work onthe Stevens Creek EEC CorridorPark & Restoration-Phase1 project, andincluded soil analysis andvarious studiesfor California Environmental Quality Act (CEQA)reviewfor the project.Anarchitectural program was developed as a foundation for applying for a larger grant in 2011to partially fund the 74 project.While that application was not selected for grant funding, the effort did yield the architectural program for the project. InFY2010-11 Council appropriated $200,000(approximately14% of estimated project cost)of Recreation Funds tothe Capital Improvement Program (CIP) for the Environmental Education ,to finance some of the pre-construction work, including environmental analysisand Center design. The remaining $949,000needed for the project was tobe programmedin alater fiscal year.In order to utilize the grant funding, construction work on the project needed to begin no later thanJanuary 2011,which was impractical to achieve giventhe limited funds appropriated to the project and no other funding source identified.Given the competing project demands on staff and limited funding available for the project in 2010-11,work on the Environmental project did not progress.At that time, given the understanding that the project Education Center would not be funded and built in time to be reimbursed with the grant fundingfor FY 2011-12, the $200,000that had been allocated to the project was appropriated back to the Recreation Fund. In July 2011, the City was informedby the State that the grant program would beextended. Under a new agreement, the project is now obligated to complete construction by December31, 2014. Discussion Community input received for the McClellan Ranch 2012 Master Plan Update in 2011-12, identified that the EEC was one of the most popular aspects of the Plan. It was programmed as a tier 2 improvement project for the McClellan Ranch Preserve for 2013-14 due only to funding not being identified at the time the Plan was approved. The City has subsequently recognized sufficient ParkFees revenue and staffnow recommendsmoving the project forward in order to takeadvantage of the existing grant. In order to meet the requirements of the grantand utilize the funding, the project must be started immediately. Should Council approve thisappropriation of funding for the project, staff proposes to select and retain consultants to begin work on the architectural designfor the project by November 2012. Staff recommends Council fund the project by appropriating $1,149,000 from two sources: EEC $800,000from the Park Dedication Fund, and $349,000from the Capital Improvement Program Reserve Fund There are sufficient Park Dedication feesto makethis action possible.The Capital Improvement Program Reserve funds areappropriatefor this use and sufficient funds areavailable. 75 Fiscal Impact The recommended action will reduce thePark Dedication Fund by $800,000 and will reduce the Capital Improvement Program Reserve Fund by $349,000. The action will appropriate $1,149,000 tothe Environmental Education Center project. ___________________________________ Prepared by:Carmen Lynaugh,Public Works Project Manager Reviewed by:Timm Bordenand Mark Linder Approved for Submission by:David Brandt,City Manager 76 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:October 2, 2012 Subject Environmental Education Center and Outdoor Gathering ShelterDesign Agreement. Recommended Action Authorize the City Managerto negotiate and execute aconsultantservices agreementfor design services not to exceed $200,000. Description Staff recommendsthat Council authorize the City Managerto negotiate and execute a consultant services agreementfor designservicesfor the Environmental Education Center (EEC) and Outdoor Gathering Shelterfor an amount not to exceed $200,000.This action is contingent upon the approval of the funding of theEECproject as recommendedin another agenda item being heardat this meeting. Discussion Community input received for the McClellan Ranch 2012 Master Plan Update in2011-12, identified the EEC asone of the most popular aspects of the Plan. It was programmedas a tier 2 improvement project for the McClellan Ranch Preserve for 2013-14 due only to funding not being identified at the time the Plan was approved. Should Council appropriate funding for the project under an earlier item on this agenda, the project could move forward in the current fiscal year. In order to benefit from the $251,000 in funding allocatedto the City of Cupertinoforan environmental education center by theRoberti-Z’berg-Harris Urbanized Area Need-Basis Grant (Proposition 40), the EECproject must be completed by December 31, 2014. To meet this deadline the project must progress at arapid pacefrom this timeforward.Procuring aqualified consultant to perform the pre-construction work for the project will be necessary to meet this schedule. Staff isin the process of evaluatingresponsesto aRequest for Qualifications (RFQ),seeking to select a qualified architectural consultantfor the project.Upon selection of the most qualified consultant, staff willnegotiate theterms of the agreement for therequired services sothe design for the EECmay startat the earliest reasonable time, with the objective of executing the agreementin Octoberor early November2012.While the professional service fees for the 77 design services areyet to be negotiated, staff anticipates that the fees may exceed the value for which the City Managerhas authority to award and therefore would require Council approval. In order to allow the selected consultant to begin work as quickly as possible, staff recommends authorizing the City Manager to negotiate and execute the agreement, for an amount not to exceed $200,000.Staff will negotiate a fair and reasonable price for the services required for the project. Fiscal Impact This action will allow the project to progress on a schedule to ensure full use of the existing grant. _____________________________________ Prepared by:Carmen Lynaugh, Public Works Project Manager Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David Brandt, City Manager 78 PUBLIC WORKS DEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October2, 2012 Subject Approve a semi-rural designation eliminating the requirement for sidewalks on Almaden Avenue between Byrne Avenueand Orange Avenue,pursuant to Ordinance No. 1925. Recommended Action Adopt Resolution No. 12-_____. Background In the past, a number of residential property owners and neighborhood residents voiced objections to the City Municipal Code requirement that City standard curb, gutter, sidewalk, and streetlights be installed along their street frontages as a condition of their residential building permits. The typical street improvementrequirements call for sidewalk to be installed behind curb and gutter on both sides of the street. In general, the objecting property owners felttheir neighborhoods were of a rural or semi-rural character that would be compromised if the standard concrete curb, gutter,sidewalk, and streetlight improvements were applied.In 2003,the City Council amended the Municipal Code by establishing criteria for designating certain streets or neighborhoods as rural or semi-rural in nature. Such a designation allows modified street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. On July 3, 2012,the City Council considered a proposal to designate Almaden Road as semi- rural, eliminating the provision of sidewalks. Property owners along the frontage of Almaden Road (limits of which are shown as Area 34on Attachment B)hadcirculated a petition in support of altering their streetdesignation to semi-rural by waiving sidewalks.Seventy-four percent of the property ownerssignedin supportof the petition.The item was continued based on concerns raised by some of the neighborhood residents,and directionwas providedfrom City Councilfor staff to hold a neighborhood meetingto clarify the purposeof the petition. Staff mailed a lettertoeach of the property ownerstonotifythem of the semi-rural petition and providean explanationof the petition’s effect ontheir property and street should it be passed and accepted.A ballot was included with the letter for each of the residents to respond directlyto the City via mailwith their vote in support foror against the petition. The letteralso notified the property owners of ameeting held by the City on August 13, 2012, where the City was available toanswer any questions or concernsrelated tothe proposed street 79 designation.Additionally, a Block Leader in the neighborhood also has stated thathe contacted each of the property owners in person, notifying themof the petition,and at that time gave them an opportunity to sign the petition in support or against.At this time, eighty-fivepercent (or 23 of 27)ofthe property ownershave either signed thepetitionor responded by mail with their support.Two property owners have responded that they do not support the proposed designation, and two property owners did not respond. One property owner clarified that they support the project, but wantAlmaden Avenue to be improvedfor pedestrians by repairing the street rather than providing sidewalks. With the exception of the corner of 21799Almaden Avenue, there is no sidewalk on either side of Almaden Avenuebetween Byrne Avenueand Orange Avenue.The semi-rural designation of Almaden Avenuewould be consistent with the neighborhood’s character. In the immediate vicinity of this street, Alcazar Avenue and San Fernando Court have also received the semi-rural designation to exclude sidewalks. Based on the recorded accident history, there has been only oneaccident reported on Almaden Avenuein the past 10years. No pedestrians or bicyclists were involved in the collision. Fiscal Impact There is no financial impact. ____________________________________ Preparedby:JoAnne Johnson, Engineering Technician Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David Brandt, City Manager Attachment(s): A-Draft Resolution B-Map C-Signed Petition 80 ATTACHMENT A RESOLUTION NO. 12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SEMI-RURAL DESIGNATION FOR ALMADEN AVENUE BETWEEN BYRNE AVENUEAND ORANGE AVENUE WHEREAS, property owners along the frontages of Almaden Circle and Almaden Avenuehave circulated a petition in support of altering their neighborhood designation to semi-rural; and WHEREAS, two-thirdsof the property owners have signed in support of eliminating sidewalk requirements for this street. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation for Almaden Avenue between Byrne Avenue and Orange Avenue. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this2ndday of October, 2012, by the followingvote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ________________________________ Grace Schmidt, City ClerkMark Santoro, Mayor, City of Cupertino 81 HERMOSA AVE ATTACHMENT B LOMITA LOMITA AVE ALMADEN AVEOLIVE AVE . Rural / Semi-Rural Designations Proposed Area 34 Existing Semi-Rural Areas 82 ATTACHMENTC 83 84 85 86 87 88 89 90 91 92 93 94