05-06-14 Searchable packetTable of Contents
Agenda 3
Presentation from 3rd and 4th grade students regarding their
efforts in educating the community about disaster preparedness
No Written Materials 9
Annual GreenBiz Recognition Event
No Written Materials 10
Bicycle Pedestrian Commission annual update
No Written Materials 11
Approve the April 15 City Council minutes
A - Draft Minutes 12
Accept Accounts Payable for period ending April 11, 2014
A - Draft Resolution 19
B - AP Report 20
Annual adoption of City Investment Policy for the Other Post-
Employment Benefits Trust
Staff Report 32
A - Draft Resolution 33
B - OPEB Investment Policy 34
Consider City sponsorship request from the non-profit
organization, Quota International of Cupertino for the
September 30, 2014 Silicon Valley Positive Aging Forum:
Housing, Community & Longevity
Staff Report 39
2014-2015 City Council Work Program
Staff Report 40
A - 2014-2015 Council work program 41
Cupertino Union School District Parcel Tax Renewal, Measure
A (May 6, 2014) Special Mail Ballot Election
Staff Report 64
Measure AA, proposed by the Midpeninsula Regional Open
Space District
Staff Report 66
Cancel the second meeting in September (16th)
Staff Report 70
Alcoholic Beverage License for TGI Fridays, 10343 N Wolfe
Road
Staff Report 71
A - Application 72
Alcoholic Beverage License for Sprouts Farmers Market, 20558
Stevens Creek Boulevard
Staff Report 75
A - Application 76
Annual approval and renewal of the collection of existing storm
drain fees at no increase in rates for Fiscal Year 2014-2015
Staff Report 79
1
A - Draft Resolution including Engineer's Report 81
City Project, Mary Avenue Dog Park, Project No. 2010-9137A
Staff Report 87
2013 Pavement Maintenance Project – Phase 2, Project No.
2013-05
Staff Report 88
A - List of Streets to Receive Pavement Maintenance
Treatment 90
B - Draft Contract 91
Amend Cupertino Municipal Code related to Permit Parking
Zone definitions, Issuance of Permits to Residents; and amend
Cupertino Municipal Code related to Designation of Preferential
Parking Zones near the Civic Center
Staff Report 97
A - Chapter 11.27: Permit Parking Zone Ordinance -
Clean Version 99
B - Chapter 11.27: Permit Parking Zone Ordinance -
Redline Draft 107
C - Draft Resolution for Wellness Program Addition 115
Annual Report on the Pavement Management Program
Staff Report 116
A - Proposed Pavement Projects FY14/15 120
B - Completed / Scheduled Pavement Projects FY13/14 122
Public Works Construction Project Updates
No Written Materials 124
2
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, May 6, 2014
6:45 PM
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Presentation from 3rd and 4th grade students regarding their efforts in
educating the community about disaster preparedness
Recommended Action: Receive presentation
No Written Materials
Page: No written materials in packet
2. Subject: Annual GreenBiz Recognition Event
Recommended Action: Receive presentation and present proclamation to 2013/2014
Certified GreenBiz participants
Description: Brief staff presentation & proclamation recognizing GreenBiz-certified
Cupertino businesses for their participation in the City's program and their
contribution to our shared environment
No Written Materials
Page: No written materials in packet
3. Subject: Bicycle Pedestrian Commission annual update
Recommended Action: Receive update
No Written Materials
Page: No written materials in packet
POSTPONEMENTS
3
Tuesday, May 6, 2014 Cupertino City Council
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.
4. Subject: Approve the April 15 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
Page: 12
5. Subject: Accept Accounts Payable for period ending April 11, 2014
Recommended Action: Adopt Resolution No. 14-145 accepting Accounts Payable
for period ending April 11, 2014
A - Draft Resolution
B - AP Report
Page: 19
6. Subject: Annual adoption of City Investment Policy for the Other Post-Employment
Benefits Trust
Recommended Action: Adopt Resolution No. 14-146 accepting the annual Adoption
of City Investment Policy for the Other Post-Employment Benefits Trust
Staff Report
A - Draft Resolution
B - OPEB Investment Policy
Page: 32
7. Subject: Consider City sponsorship request from the non-profit organization, Quota
International of Cupertino for the September 30, 2014 Silicon Valley Positive Aging
Forum: Housing, Community & Longevity
Recommended Action: Approve or deny the request to co-sponsor this event
Staff Report
Page: 39
4
Tuesday, May 6, 2014 Cupertino City Council
8. Subject: 2014-2015 City Council Work Program
Recommended Action: Approve the 2014-2015 City Council Work Program
Staff Report
A - 2014-2015 Council work program
Page: 40
9. Subject: Cupertino Union School District Parcel Tax Renewal, Measure A (May 6,
2014) Special Mail Ballot Election
Recommended Action: Accept Legislative Committee recommendation to support
the CUSD Parcel Tax Renewal, Measure A, Special Mail Ballot Election
Staff Report
Page: 64
10. Subject: Measure AA, proposed by the Midpeninsula Regional Open Space District
Recommended Action: Accept Legislative Committee recommendation to support
Measure AA, proposed by the Midpeninsula Regional Open Space District
Staff Report
Page: 66
11. Subject: Cancel the second meeting in September (16th)
Recommended Action: Cancel the meeting
Staff Report
Page: 70
12. Subject: Alcoholic Beverage License for TGI Fridays, 10343 N Wolfe Road
Recommended Action: Approve Alcoholic Beverage License for TGI Fridays
Staff Report
A - Application
Page: 71
13. Subject: Alcoholic Beverage License for Sprouts Farmers Market, 20558 Stevens
Creek Boulevard
Recommended Action: Approve Alcoholic Beverage License for Sprouts Farmers
Market
Staff Report
A - Application
Page: 75
5
Tuesday, May 6, 2014 Cupertino City Council
14. Subject: Annual approval and renewal of the collection of existing storm drain fees
at no increase in rates for Fiscal Year 2014-2015
Recommended Action: Adopt Resolution No. 14-147 approving the renewal of the
collection of existing storm drain fees at no increase in rates for Fiscal Year 2014-2015
Staff Report
A - Draft Resolution including Engineer's Report
Page: 79
15. Subject: City Project, Mary Avenue Dog Park, Project No. 2010-9137A
Recommended Action: Accept City Project No. 2010-9137A
Staff Report
Page: 87
16. Subject: 2013 Pavement Maintenance Project – Phase 2, Project No. 2013-05
Recommended Action: Authorize the City Manager to award a contract to Valley
Slurry Seal International, in the amount of $548,341 and approve a construction
contingency of $51,659, for a total of $600,000
Staff Report
A - List of Streets to Receive Pavement Maintenance Treatment
B - Draft Contract
Page: 88
SECOND READING OF ORDINANCES
17. Subject: Amend Cupertino Municipal Code related to Permit Parking Zone
definitions, Issuance of Permits to Residents; and amend Cupertino Municipal Code
related to Designation of Preferential Parking Zones near the Civic Center
Recommended Action: a) Conduct the second reading of Ordinance No. 14-2118:
“An Ordinance of the City Council of the City of Cupertino Amending Section
11.27.020, 11.27.050 and 11.27.145 of the Cupertino Municipal Code Relating to
Definitions, Issuance of Permits to Residents and Designation of Preferential Parking
Zones related to the south side of Rodrigues Avenue from Torre Avenue to 230 feet
east, resuming at 300 feet east to 340 feet east and resuming from 340 feet east to 625
feet east; East side of Torre Avenue from Rodrigues Avenue to approximately 265
south; North side of Pacifica Avenue from Torre Avenue to 460 feet east,”; and b)
Adopt Resolution No. 14-144 allowing participating employees up to 0.5 hours of
health leave bank credit per month for parking and walking from areas away from
the Civic Center (such as on Pacifica Avenue)
6
Tuesday, May 6, 2014 Cupertino City Council
Staff Report
A - Chapter 11.27: Permit Parking Zone Ordinance - Clean Version
B - Chapter 11.27: Permit Parking Zone Ordinance - Redline Draft
C - Draft Resolution for Wellness Program Addition
Page: 97
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
REPORTS BY COUNCIL AND STAFF
18. Subject: Annual Report on the Pavement Management Program
Recommended Action: Review the report. No action is required
Staff Report
A - Proposed Pavement Projects FY14/15
B - Completed / Scheduled Pavement Projects FY13/14
Page: 116
19. Subject: Public Works Construction Project Updates
Recommended Action: Present Construction Project Update Report
No Written Materials
Page: No written materials in packet
ADJOURNMENT
Adjourn to Tuesday, May 13 at 5:00 p.m. for a study session regarding the Fiscal Year
2014-2015 Budget, 10350 Torre Avenue, Community Hall Council Chamber
7
Tuesday, May 6, 2014 Cupertino City Council
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
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.
8
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject: Presentation from 3rd and 4th grade students regarding their efforts in
educating the community about disaster preparedness
NO WRITTEN MATERIALS IN PACKET
9
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject: Annual GreenBiz Recognition Event
NO WRITTEN MATERIALS IN PACKET
10
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject: Bicycle Pedestrian Commission annual update.
NO WRITTEN MATERIALS IN PACKET
11
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, April 15, 2014
CITY COUNCIL MEETING
ROLL CALL
At 4:07 p.m., Vice Mayor Rod Sinks called the City Council meeting to order in the
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA.
Present: Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney,
and Mark Santoro. Absent: Mayor Gilbert Wong.
STUDY SESSION
1. Subject: Study session to discuss potential revisions to Municipal Code Chapter
14.18, Protected Trees
Recommended Action: Conduct study session and provide direction
Description: Application No(s): MCA-2013-01 (EA-2013-02); Applicant(s): City of
Cupertino; Location: citywide
Written communications for this item included an email from Roy Hampton and a
staff PowerPoint presentation.
Associate Planner Simon Vuong reviewed the staff report via a PowerPoint
presentation.
Jennifer Griffin asked Council to keep the Oak and Bay Laurel trees on the list.
Council provided the following direction and requested that staff bring back the
information for a second Council study session:
12
Tuesday, April 15, 2014 Cupertino City Council
1) Proceed with a two-tier system as discussed in the study session with the
following change:
a) Review more lenient thresholds for tree sizes in the two-tier system allowable
within a mitigated negative declaration;
2) Provide watering requirements for each tree type on the existing and proposed
specimen tree list;
3) Provide cost of tree replacements for various sizes required in the ordinance;
4) Provide photographs of tree replacement requirements in the ordinance (e.g. 24-
inch box oak); and
5) Provide a list of replacement tree costs based on the tree replacement formula for
street trees.
Council recessed from 5:54 p.m. to 6:45 p.m.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Gilbert Wong reconvened the City Council meeting in the
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the
Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry
Chang, Orrin Mahoney, and Mark Santoro. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
2. Subject: Technology, Information, and Communications Commission annual update
Recommended Action: Receive the presentation
Written communications for this item included a PowerPoint presentation.
Chair Peter Friedland gave the annual update via a PowerPoint presentation.
Council received the presentation.
3. Subject: Presentation from El Camino Hospital’s Chief Executive Officer, Ms. Tomi
Ryba regarding how the District and the Hospital are addressing the healthcare
needs of the community, and new developments to community benefit funds and
mental health services
Recommended Action: Receive presentation
13
Tuesday, April 15, 2014 Cupertino City Council
Written communications for this item included a PowerPoint presentation.
Ms. Tomi Ryba gave the presentation via a PowerPoint presentation. She also
distributed two flyers on Chinese Health Initiative and 2013 Community Benefit
Report highlights. Council received the presentation.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Dennis Whittaker said that he had concerns with the General Plan regarding school
impact, traffic, and drought issues.
CONSENT CALENDAR
Mahoney moved and Sinks seconded to approve the items on the Consent Calendar as
recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None.
Abstain: None. Absent: None.
4. Subject: Approve the March 24 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve the April 1 City Council minutes
Recommended Action: Approve the minutes
6. Subject: Accept Accounts Payable for period ending March 14, 2014
Recommended Action: Adopt Resolution No. 14-141 accepting Accounts Payable
for period ending March 14, 2014
7. Subject: Accept Accounts Payable for period ending March 28, 2014
Recommended Action: Adopt Resolution No. 14-142 accepting Accounts Payable
for period ending March 28, 2014
8. Subject: Cancel the second meeting in June (17th)
Recommended Action: Cancel the meeting
9. Subject: Fee waiver request from League of Women Voters of Cupertino-Sunnyvale
for approximately $90.00 in facility use fees for the use of Community Hall on May
7, 2014 from 6:00 – 9:30 p.m. for a candidate forum for the California 28th Assembly
District Contest
Recommended Action: Approval the fee waiver request
14
Tuesday, April 15, 2014 Cupertino City Council
10. Subject: 2013 Reconstruction of Curbs, Gutters and Sidewalks – Phase 2, Project No.
2013-06
Recommended Action: Authorize the City Manager to award a contract to
Breneman Inc., in the amount of $298,100.00 and approve a construction contingency
of $21,900.00, for a total of $320,000.00
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
11. Subject: Approve the Fiscal Year 2014-15 Fee Schedule
Recommended Action: Adopt Resolution No. 14-143 approving the 2014-15 Fee
schedule
Written communications for this item included a staff PowerPoint presentation.
Interim Director of Administrative Services Kristine Alfaro reviewed the staff report
via a PowerPoint presentation. Director of Parks and Recreation Carol Atwood
reviewed the fees for facility use.
Mayor Wong opened the public hearing. There were no speakers and the public
hearing was closed.
Sinks moved and Chang seconded to adopt Resolution No. 14-143 approving the
2014-15 Fee schedules A-D with the following exceptions to Schedule E: keep the
room rental fees the same for residents; change the room rental fees for non-
residents to be 1.6 times that of residents; staff to prepare a report to Council
regarding the history of the golf course income and expenditures no later than April
30th. The motion carried with Wong abstaining.
12. Subject: Community Development Block Grant (CDBG) and General Fund Human
Service Grant (HSG) Allocations for FY 14-15 (2nd hearing)
Recommended Action: Conduct the hearing and adopt Resolution No. 14-139
approving the Community Development Block Grant (CDBG) and General Fund
Human Service Grant (HSG) Allocations for FY 14-15
Written communications for this item included a staff PowerPoint presentation.
Senior Housing Planner CJ Valenzuela reviewed the staff report via a PowerPoint
presentation.
15
Tuesday, April 15, 2014 Cupertino City Council
Eureka Lang and Beatriz Lopez from Senior Adults Legal Assistance (SALA) asked
Council for support.
Mahoney moved and Sinks seconded to adopt Resolution No. 14-139 approving the
Community Development Block Grant (CDBG) and General Fund Human Service
Grant (HSG) Allocations for FY 14-15.
Council member Mahoney moved and Wong seconded an amendment to give full
funding to all of the General Fund Human Service Grants which would add $2300.
Mahoney withdrew his amendment.
The original motion carried unanimously.
Council recessed from 8:42 p.m. to 8:55 p.m.
ORDINANCES AND ACTION ITEMS
13. Subject: a) McClellan Ranch Preserve Historic Structures Assessment (HSA); and b)
McClellan Ranch Preserve Barn Evaluation & Conceptual Renovation Plan Report
Recommended Action: a) Accept the Historic Structures Assessment report
(Attachment A-1); and b) 1. Accept the Barn Evaluation & Conceptual Renovation
Plan Report (Attachment A-2); 2. Proceed with Option 3 (Attachment B-2): Nominate
the barn for listing on the California Register of Historic Resources; renovate the
existing barn consistent with the California Historic Building Code and with the
addition of the substantial foundation; and 3. Direct staff to submit the project for
funding in the Capital Improvement Program budget
Written communications for this item included an email between staff and Vice
Mayor Sinks, an amended staff report for item b3 noting a revised recommended
action, and a staff PowerPoint presentation.
Director of Public Works Timm Borden introduced the item. Consultant Burton Peek
Edwards from Siegel & Strain Architects reviewed the staff reports via a PowerPoint
presentation.
The following individuals urged Council to approve staff’s recommendation:
Deborah Jamison
Jennifer Griffin
Stephanie Ellis, Executive Director of Santa Clara County Audubon Society
16
Tuesday, April 15, 2014 Cupertino City Council
Mahoney moved and Sinks seconded to: a) Accept the Historic Structures
Assessment report; b) Accept the Barn Evaluation & Conceptual Renovation Plan
Report; and c) Direct staff to include the Barn Renovation project as a potential park
improvement to be evaluated as part of the McClellan Ranch/Stevens Creek
Corridor Master Plan.
Chang offered a friendly amendment to also include nominating the barn for listing
on the California Register of Historic Resources. Mahoney did not accept the
friendly amendment.
The original motion carried with Chang and Wong voting no.
Council recessed from 10:10 p.m. to 10:22 p.m.
14. Subject: Amend Cupertino Municipal Code related to Permit Parking Zone
definitions, Issuance of Permits to Residents; and amend Cupertino Municipal Code
related to Designation of Preferential Parking Zones near the Civic Center
Recommended Action: a) Conduct first reading of Ordinance No. 14-2118: “An
Ordinance of the City Council of the City of Cupertino Amending Section 11.27.020,
11.27.050 and 11.27.145 of the Cupertino Municipal Code Relating to Definitions,
Issuance of Permits to Residents and Designation of Preferential Parking Zones
related to the south side of Rodrigues Avenue from Torre Avenue to 230 feet east,
resuming at 300 feet east to 340 feet east and resuming from 340 feet east to 625 feet
east; East side of Torre Avenue from Rodrigues Avenue to approximately 265 south;
North side of Pacifica Avenue from Torre Avenue to 460 feet east”; and b) Adopt
Resolution No. 14-144 allowing participating employees up to 0.5 hours of health
leave bank credit per month for parking and walking from areas away from the
Civic Center (such as on Pacifica Avenue)
Written communications for this item included Library Field Parking and Library
Patron Parking survey results; an email from Hemant Buch, and an amendment to
page six of the draft ordinance.
Director of Public Works Timm Borden reviewed the staff report.
Jennifer Griffin asked a clarifying question regarding time constraints in the parking
lot near the Library Field. City Manager David Brandt responded that the entire
parking lot would be limited to four hours from 7:00 a.m. – 5:00 p.m.
17
Tuesday, April 15, 2014 Cupertino City Council
Chang moved and Mahoney seconded to read Ordinance No. 14-2118 by title only
and that the City Clerk’s reading would constitute the first reading thereof. Ayes:
Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent:
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt said that Lisa Titano was hired as the new Finance
Manager and would begin in May.
Council members highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 10:52 p.m., Mayor Wong adjourned the meeting.
_______________________
Grace Schmidt, City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk’s Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse
Channel 99 and are available at your convenience at www.cupertino.org. Click on
Agendas & Minutes, then click Archived Webcast. Videotapes are available at the
Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
April 11, 2014
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in Exhibit “A”.
CERTIFIED:
Sheila Mohan, Interim Finance Director
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this _____day of ____________, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Annual adoption of City’s Investment Policy for the OPEB (Other Post-Employment
Benefits) Trust.
Recommended Action
Adopt Resolution accepting the City Investment Policy for the OPEB Trust.
Discussion
The City’s Audit Committee selected US Bank as the new investment advisor for the
City’s OPEB Trust. In view of the long–term horizon (15-20 years) for investing the
trust funds, and a revised asset allocation strategy which emphasizes a higher range
of investments in equities, the Investment Policy for the OPEB Trust has been
modified to reflect these objectives. The Audit Committee will review this policy
periodically to ensure that the targeted return on investment is aligned with the
stated investment objectives.
This Investment Policy is intended to provide guidelines for the prudent investment
of the City’s OPEB trust funds and for maintaining a balance between the various
asset classes based on the City’s investment objectives.
The Audit Committee reviewed and accepted this policy on February 24, 2014
Fiscal Impact
None. _____________________________________
Prepared by: Sheila Mohan, Interim Finance Director
Reviewed by: Kristina Alfaro, Acting Administrative Services Director
Approved for Submission by: David Brandt, City Manager
Attachments: A. Draft Resolution
B. Investment Policy
32
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING THE CITY INVESTMENT POLICY FOR THE OTHER POST-
EMPLOYMENT BENEFITS TRUST
WHEREAS, the City has available funds to invest in accordance with principles of sound
treasury management; and
WHEREAS, the City invests funds in accordance with provisions of California
Government Code Section 53600; and
WHEREAS, the City’s Audit Committee reviewed and accepted the attached City
Investment Policy for the Other Post-Employment Benefits Trust on February 24, 2014.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby accepts the attached City Investment Policy dated May 6, 2014.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 6th day of May2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___
Grace Schmidt, City Clerk Gilbert Wong, Mayor
33
City of Cupertino Investment Guidelines February 2014
Page 1 of 5
INVESTMENT POLICY STATEMENT
CITY OF CUPERTINO
OPEB TRUST
34
City of Cupertino Investment Guidelines February 2014
Page 2 of 5
Investment Policy Statement
Overview
In response to the Government Accounting Standards Board (GASB) Statement Number ·
45 new disclosure requirements for Other Post-employment Benefit (OPEB) Plans, the City of
Cupertino has adopted a Section 115 Trust and Plan that seeks to satisfy these liabilities for certain
eligible employees
Executive Summary
Account Name: City of Cupertino OPEB Trust
Account Number: 6746035000
Investment Authority: Full Investment Authority
Current Assets: $14.4 Million (February 2014)
Time Horizon: Long-Term
Target Rate of Return: 7%
Communication Schedule: Meetings will be conducted at least twice per year
U.S. Bank Portfolio Manager: Rick Rosenthal
richard.rosenthal@usbank.com
213-443-1848
U.S. Bank Relationship Manager : Fran Schoenfeld
fran.schoenfeld@usbank.com
949-224-7204
Investment Objective: ‘Balanced’
This investment objective is designed to provide a moderate amount of current income with moderate growth of capital.
Investors should have sufficient tolerance for price and return volatility and substantial periodic declines in investment
value. This objective is recommended for investors with a long-term time horizon.
The strategic asset allocation ranges and tactical targets for this objective are listed below:
Asset Class Range Target
Fixed Income 20-40% 31%
Equities 50-70% 61%
Real Estate 0-15% 3%
Commodities 0-10% 4%
Cash 0-10% 1%
35
City of Cupertino Investment Guidelines February 2014
Page 3 of 5
Investment Guidelines
Overview
This document defines the investment policy, guidelines and performance objectives applicable to the
assets of The City of Cupertino’s OPEB Trust. The goal of this Policy is to create an investment framework
within which the assets can be actively yet prudently managed.
The purpose of this document is threefold.
First, it will set forth an investment structure for managing the Portfolio assets. This structure is
expected to produce an appropriate level of overall diversification and total investment return over
the investment time horizon.
Second, it will serve as to encourage effective communications between the organization and
parties involved with investment management decisions.
Third, these guidelines will provide a framework to measure ongoing investment performance.
Within the constraints imposed by these policies, Investment Managers are expected to comply with all
applicable fiduciary and due diligence requirements under the “prudent investor” rules, which state:
“Investments shall be made with judgment and care, under circumstances then prevailing, which persons
of prudence, discretion and intelligence exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of their capital as well as the probable
income to be derived.” All applicable laws, rules and regulations from various local, state, federal and
international political entities that may impact the Portfolio are to be adhered to.
Diversification
Your Portfolio Manager is responsible for maintaining the balance between the various asset classes
based on the investment objective’s strategic asset allocation. As a general policy, the Investment Manager
will maintain reasonable diversification at all times by asset class, credit quality, issuer, sector, industry, and
country.
The following parameters shall be adhered to in managing the portfolio:
Fixed Income Assets
· The fixed income investments are to maintain inter mediate-term average weighted duration,
between three-seven years.
· At the time of purchase, no single fixed income issuer shall exceed 2% of the total market value of the
Portfolio, with the exception of U.S. Treasury or Agency obligations.
· The direct high-yield portion shall constitute no more than 10% of the total market value of the
Portfolio.
Equity & Growth Assets
· The domestic equity investments are expected to be diversified at all times by size, industry,
sector, and style (Large Cap, Mid Cap, and Small Cap).
· At the time of purchase, no individual equity security shall exceed 2% of the total market value of the
Portfolio.
· The international equity investments (including emerging markets) shall constitute no more than 20%
of the total market value of the Portfolio
· The real estate investments shall be captured through the use of diversified mutual funds or ETFs
investing in REITs; and shall constitute no more than 15% of the total market value of the
Portfolio .
· The commodities investments shall be captured through the use of diversified mutual funds or
ETFs; and shall constitute no more than 10% of the total market value of the Portfolio.
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City of Cupertino Investment Guidelines February 2014
Page 4 of 5
Permitted Asset Classes and Security Types
Fixed Income & Cash Equivalent Investments:
Domestic Certificates of Deposit (rated A-1/P-1 or better)
Domestic Commercial Paper (rated A-1/P-1 or better)
Floating Rate Notes
Money Market Mutual Funds
U.S. Treasury Bonds, Bills and Notes
U.S. Agency (and Instrumentality) Discount Notes, Notes, and Bonds
Treasury Inflation-Protected Securities (TIPS)
Municipal Bonds and Notes
Corporate Bonds
Mortgage-Backed Bonds (MBS)
Asset-Backed Bonds (ABS)
High-Yield Bonds (rated B-/B3 or better)
Dollar denominated Foreign Bonds and Notes
Bond Mutual Funds
Equity Investments:
Common & Preferred Stocks
American Depository Receipts (ADRs)
Domestic and International Equity Mutual Funds (Open and Closed)
Emerging Market Equity Funds or Exchange Traded Funds (ETFs)
Alternative Investments:
Commodities Mutual Funds or Exchange Traded Notes (ETNs)
REIT Investment or Pooled Strategy or Fund of REITs
Registered Hedge Funds or Hedge Fund of Funds
Prohibited Asset Classes and Transactions
The Investment Manager is prohibited from purchasing or holding any of the following types of
investments:
Partnerships unless investing in Master Limited Partnerships invested in a mutual fund and limited in
scope and allocation of Portfolio based on asset class limitations of table above
Letter stock and other unregistered securities; commodities or other commodity contracts; and short
sales or margin transactions
Investments in the equity securities of any company with a record of less than three years continuous
operation, including the operation of any predecessor
Investments for the purpose of exercising control of management
Duties and Responsibilities
1) CITY OF CUPERTINO AUDIT COMMITTEE
a) Establish, approve, and maintain investment objectives, guidelines, and policies (including this
Policy).
b) Appoint Investment Managers who can be reasonably expected to adhere to the investment
guidelines and meet the investment objectives as established.
c) Monitor the investment performance of the Portfolio and compare actual investment performance
relative to an appropriate benchmark index given the stated investment guidelines and objectives
set forth in this Policy.
d) Conduct a formal review of the Portfolio’s asset allocation, investment structure and performance
annually or more frequently as the need arises.
e) Periodically review the Portfolio performance against objectives.
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City of Cupertino Investment Guidelines February 2014
Page 5 of 5
2) PORTFOLIO MANAGER
The Portfolio Manager will be responsible for carrying out the activities related to the Portfolio in
accordance with the Policy including:
a) Manage the day-to-day investment of Portfolio assets in accordance with the Policy guidelines
and objectives included herein.
b) Exercise full investment discretion and prudence in the selection and diversification of
investments.
c) Promptly bring to the attention of the audit committee any investment that is subsequently
downgraded and fails to meet the quality guidelines, along with a recommendation of retention or
disposal.
d) Provide on a quarterly basis the following investment reporting:
(i) Year-to-date rate of return
(ii) Annualized one, three, five, etc. rates of return
e) Provide annually to the City’s Audit Committee a commentary and analysis of investment
performance to include an evaluation of the current and future investment environment and
potential impact of the investment environment on achievement of investment objectives.
Investment Policy Statement Review
The City’s Audit Committee will review this Investment Policy Statement at least annually to determine
whether stated investment objectives are still relevant and the continued feasibility of achieving the same. It is
not expected that the Policy will change frequently. In particular, short-term changes in the financial markets
should not require adjustments to the Policy.
If at any time the Portfolio Manager finds the above guidelines too restrictive or possibly injurious to
investment returns, they should communicate that information immediately to the City’s Audit Committee.
Adopted: ____________________________
(Date)
By: _________________________________
David Brandt
City Manager
By: _________________________________
Kristina Alfaro
Acting Administrative Services Director
38
PARKS AND RECREATION DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Consider a City sponsorship request from the non-profit organization, Quota
International of Cupertino, for the September 30, 2014, Silicon Valley Positive Aging
Forum: Housing, Community & Longevity.
Recommended Action
Approve or deny the request to co-sponsor this event.
Discussion
Staff received a request from Quota International of Cupertino, for the City to co-
sponsor their Silicon Valley Positive Aging Forum on September 30, 2014. This event
will be the Sixth Annual Positive Aging Forum presented by the Institute for Age-
Friendly Housing, a Silicon Valley non-profit organization. With the support of
Cupertino Quota, the Institute is planning another full-day conference. The program
will feature experts speaking about new housing and service delivery models.
Quota Club of Cupertino is part of Quota International, Inc. Quota Club is a community
service organization dedicated to serving the deaf, hard-of-hearing and speech
impaired as well as disadvantaged women and children. As such, their co-sponsorship
would meet the criteria for the City to consider sponsorship by providing facility space
for the day.
Fiscal Impact
The rental fees for this event would be $240.00, for the Cupertino Room at a non-profit
rate of $30.00 per hour.
_____________________________________
Prepared by: Carol Atwood, Director of Recreation and Community Services
Approved for Submission by: David Brandt, City Manager
39
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
2014-2015 City Council work program.
Recommended Action
Approve the 2014-2015 City Council work program.
Discussion
At the March 24, 2014 Study Session, Council reviewed the 2014-2015 work program.
Staff has incorporated the changes/additions in the 2014-2015 proposed work program as
directed by Council.
Submitted by: David Brandt, City Manager
Attachments:
A – 2014-2015 City Council work program
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2014/2015 City Council Work Program
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CITY MANAGER’S OFFICE
COMMUNICATIONS
1) Explore and develop new on-line/mobile
applications to better inform and engage
the public on civic issues.
a. Generalized City mobile portal
similar to Rancho Cucamonga’s
RC2GO
b. On-line Interactive Budget Game
a. Mobile City Hall application under
development.
b. On-line game development on hold.
a. Estimated prototype completion in May 2014.
Publication in iTunes store scheduled for June.
2) Develop a strategy for improving cell
phone coverage (with PW).
Two city-owned properties have been
identified for active consideration by
City Council. Standardized process for
community notification and site design
developed.
Civic Center coverage solution has been brought to
City Council for initial approval to proceed and is
scheduled to be resubmitted by AT&T by July of
2014 with proposed design and lease terms.
3) Examine costs of extending video
services via fiber to the Quinlan Center.
Council approved midyear budget for
project.
Project schedule:
Finalize Bid Documents – mid May
Advertise for Bids – mid to late May
Award Bid – mid June
Construction – mid July to late August
Final Testing – early September
Project Officially Completed – mid to late
September
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4) Implement Virtual Desktop or Virtual
Private Network software. (VDI)
Server, application and network
infrastructure to support virtualization
have been installed. Desktop
replacement modules have been
delivered to the city.
Implementing phase 2 of VDI, including initial
installation of 32 desk top modules completed.
5) Implement a new Technology Plan.
Technology proposals routinely
brought to Technology Working Group
and TICC.
Continuing to use Technology Working Group and
TIIC for project and strategy review. Cloud-based
email solution identified.
6) Implement a new agenda management
system (Granicus Legistar) and
Legislative Body webpage (InSite).
Onsite staff training occurred in March,
2014 and system will go live in May.
Council and staff training on Granicus
iLegislate app as needed prior to going
live.
Hosted system allows a more convenient way for
City Manager and Department Heads to edit and
approve Council packet staff reports. System also
works compatibly with Granicus Media Manager
module currently used by City Channel for
Council and Planning Commission videos.
Legistar/ Insite page will allow residents an easy
way to track Legislative actions made by City
Council, and view agendas/minutes/videos of
Planning Commission, and other City
commissions/committees. iLegislate app would
allow Council members a consistent way to view
Council and Planning Commission packets on the
iPad, including past packets and videos.
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ECONOMIC DEVELOPMENT
1) Streamline city web content for new and
existing small businesses
Created the
www.InBusinessCupertino.com website
landing page to include: “How to Start
a Business in Cupertino” booklet
(English and Chinese versions); Small
Business Symposium workshop videos;
copies of The BizBuzz business
newsletter; links to 2013 demographics,
Eats 95014, and other resources.
Will continue to assess the needs of businesses and
add helpful resources.
2) “How to Start a Business in Cupertino”
pamphlet (in multiple languages).
The booklet was published and
distribution began on 7/19/13. Booklet
has been translated into Chinese
(traditional). Both versions are posted
on the Economic Development
(InBusinessCupertino.com) website.
Distribute both English and Chinese versions at the
Library and other community centers. Identify
what additional languages are needed for
translation.
3) Seminars for new small businesses and
develop other avenues of business
promotion.
Co-sponsored a “Social Media for Small
Business” workshop on January 24,
2014. Hosted a Green Business
Orientation event, our inaugural
quarterly GreemBiz training and
networking event, on February 5, 2014
with 70 attendees. Coordinated a small
business trade show component for
Will continue to seek outreach opportunities to
reach diverse population. Looking to host
business workshops or “Lunch & Learn” sessions
on a quarterly basis in conjunction with the
Chamber. The Second Annual Small Business
Symposium is scheduled for fall 2014. City will
continue to co-host and sponsor ABC’s Mandarin
business seminars twice a year. Hosting a GreenBiz
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City’s National Volunteer Week
Recognition Reception on April 7, 2014.
Guest speaker at Chamber’s “Coffee
Talk” on April 22, 2014.
@ Home, a home-based business-focused training
and networking event, on May 21, 2014 and
developing a Mandarin GreenBiz seminar for the
summer 2014.
4) Increased coordination with the
Chamber of Commerce.
Regularly scheduled monthly City-
Chamber staff meetings have been
effective in discussing upcoming issues,
as well as identifying ways in which to
collaborate. Continue to meet with
Chamber Executive Director to discuss
goals. Partnered with the Chamber to
design a 3-page City environmental
resources section in the forthcoming
Directory. Supported the Chamber’s
Green Business recertification process.
Will continue to meet with Chamber staff and
board to strengthen working relationships and co-
sponsor events. Working with the Chamber to
design a GreenBiz campaign that effectively targets
their members and builds program champions,
aligned with ongoing grant-funded work in
Mountain View. Developing a GreenBiz training
for other Chambers in the region to implement the
program, anticipated delivery in summer 2014.
5) Retail Recruitment Outreach to retail and commercial
brokers to gain interest in Cupertino
and retail/mixed-use development
projects. Attended and presented at
various Silicon Valley Economic
Development Alliance (SVEDA) and
ICSC Alliance events to promote
Cupertino as a retail destination.
Will attend Annual ICSC ReCON convention to
meet with retailers.
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6) Launch a “Shop Local” campaign.
“Shop Cupertino” message is printed
on City’s reusable bags and ordinance
signage. A formal campaign plan is
under development.
Promoting local businesses through
“Eats 95014” dining guide app and
working on an online Visitors &
Community Guide.
In April 2014, launched a GreenBiz
community discount card to promote
certified green businesses in Cupertino
and incentivize residents to shop
among local environmentally-minded
merchants. To date, ~ 1,000 cards have
been distributed through community
events and programs.
Possibly work with Communications Division on a
“Thanks for Giving” volunteer campaign which
may involve shopping discounts.
7) Enhance business access to city services
including GreenBiz and emergency
preparedness.
GreenBiz and emergency preparedness
information for businesses have been
included in the “How to Start a
Business in Cupertino” booklet.
Program pamphlets are also regularly
distributed at events and meetings with
businesses. Further, the Economic
Development newsletter (BizBuzz) now
Coordinating Economic Development and
GreenBiz outreach when new businesses locate in
our community. Working with Community
Development to include new fields in the business
license application of the new online permitting
system to ensure City ease of access to business
email addresses and local contacts.
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regularly features a certified GreenBiz,
as well as promotes GreenBiz trainings
and events. The GreenBiz checklist
now includes emergency preparedness
measures as part of program
certification within its “Health and
Resiliency” section.
8) Begin holding regular Economic
Development Committee meetings.
EDC meeting scheduled for May 2014.
9) Work with Economic Development
Committee to prepare an Economic
Development Strategic Plan
Proposed in FY 2014-15 budget
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SUSTAINABILITY
1) Develop a plan for financing and
implementing solar generation at the
Service Center and exploring a
partnership with the Library District for
solar installation on the Library
Building (with PW).
Cupertino joined Alameda County’s
Regional Renewable Energy
Procurement (R-REP) project in March
2013. The RFP, including Cupertino’s
two sites (Civic Center & Service
Center) in the 186 site 31 MW
aggregated project, was issued on
September 18, 2013 for vendors to
consider. Pre-qualified firms submitted
proposals on January 14, 2014 and the
winning bid was revealed on April 7,
2014. The proposals included Power
Purchase Agreement (PPA) and Direct
Purchase options for the City, with the
latter proving to be the only financially
viable option. Cupertino secured
reservations for $255,000 California
Solar Initiative (CSI) rebates for its two
sites.
Cupertino is participating in the R-REP collective
negotiation process for its bundle in May and
anticipates reporting the results of this process,
with a recommendation, to Council at its June 10th
meeting. Other relevant updates will be shared
with Council via Items of Interest. This timeline is
required to ensure the City attains its CSI
Reservation milestones.
2) Prepare a Climate Action Plan (CAP as
required by State law and per the
General Plan Sustainability Element and
Council’s prior years’ Work Programs.
On March 18, 2014, the Council
authorized a contract with the
consultant for the project, through its
mid-year budget adjustment process.
The CAP will dovetail with the General
Plan Amendment process, with
The following schedule is proposed for the project:
Workshops – Wed., May 14th and June 4th 2014
(6-8pm at the Kirsch Center)
Draft CAP – June/July 2014
Final CAP – December 2014
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identified mitigations serving the GPA
as its qualified greenhouse gas
emissions reduction strategy, as
required by the BAAQMD. Mitigation
measures will focus on energy, water,
waste, transportation and include
Community Choice Aggregation, per
Council’s Direction.
3) Fully develop the utility cost accounting
program.
Staff benchmarked energy and water
use among municipal facilities and
parks using EPA’s Energy Star Portfolio
Manager (as required by AB1103). In
an effort to both confirm past utility
conservation project’s success and
further gauge municipal energy and
water savings opportunities, staff will
deploy a cloud-based enterprise carbon
accounting software tool (Hara).
The City’s utility accounting tool will be available
for internal use in early FY14-15 and the utility
consumption findings generated through the new
tool will be shared with Council at that time.
Under consideration is whether the analytics
generated from Hara will be made available
through the City’s open data platform.
4) Review procurement and fleet
management policies for best
environmental practices.
Staff initiated an analysis of alternative
fuel vehicles to inform the FY13-14
Vehicle Replacement Schedule and
address the City’s 2008-adopted
Environmentally Preferable
Procurement Policy (EPP). Fleet
recommendations will occur each fiscal
year and will consider direct purchase
In addition to updating the Vehicle Replacement
Policy and EPP, staff completed an alternative fuel
vehicle strategy FY13-14 to ensure the City is
leveraging fleet best management practices (e.g.
vocational specifications), funding opportunities,
and regional joint procurement offerings. To
further reduce vehicle-related emissions within
municipal operations and parking impacts at the
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or leasing procurement alternatives.
This effort anticipates further revisions
to the City’s Vehicle Replacement
Policy and Vehicle Use Policy, updates
to the City’s EPP, and expansion of the
City’s electric vehicle charging
infrastructure (e.g. 4 new charging
stations through CEC grant, awarded
April 4, 2014).
Civic Center, staff will work to implement
alternative commute recommendations as a means
of achieving new SB1339 requirements.
5) Expand “Growing Green Blocks”
program to include sustainability and
resilience activities.
In FY13-14, sustainability staff worked
in partnership with block leaders to
expand energy efficiency and water
conservation services within Cupertino
neighborhoods through its Acterra-
supported Growing Greener Blocks
campaign. Through friendly neighbor-
to-neighbor competitions, as well as the
introduction of a Do-It-Yourself (DIY)
toolkit available for checkout at the
Cupertino Library, HouseCall
participation increased to over 325
homes and ~ $75,000 participating
household savings.
Green@Home/Growing Greener Blocks program
participation is anticipated to double in FY14-15
with the introduction of a new online home energy
assessment software program (Bidgely), funded
through a Silicon Valley Energy Watch
Community Energy Champions Grant (CECG).
The DIY toolkit itself was so successful that Silicon
Valley Energy Watch is rolling it out across all
Santa Clara County Libraries in the spring of
FY13/14.
6) Build Safe Routes to School into
green@schools program
Evaluate ways to build Safe Routes to
School into the City’s green@schools
pilot program by working with relevant
Commissions and local agencies.
Collect and summarize existing school-focused
transportation initiatives in Cupertino. Inventory
regional programs and best practices. Propose a
program scope for FY15/16.
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7) Further embed sustainability best
practices, including health and resiliency
initiatives, within municipal operations
and policies.
This is a new project proposed for
FY14/15.
As required to maintain the City’s Green Business
Certification and General Plan Sustainability
Element guidance, and align with industry
sustainability best practices, staff will chronicle
opportunities to further embed environmental
actions with existing operational activities and
municipally-focused policies including, but not
limited to, Purchasing/Procurement, Vehicle Use,
Facility Energy/Water Management, Employee
Training, and Event Operations. Outcomes of this
effort are anticipated to include a baseline
assessment, proposed policy revisions,
performance measure/metric designation, and
ongoing metrics/tracking recommendations.
8) Develop a sustainability consulting
model, leveraging lessons learned from
GreenBiz & green@school.
The City has been approached by
adjacent agencies to offer sustainability
services (e.g. energy efficiency
benchmarking, climate action planning,
green business engagement, community
conservation services) among smaller
communities. Staff is initiating work to
launch a GreenBiz program in two new
communities, funded, in part, by the
CECG and anticipates interest of those
agencies to expand into other service
sectors.
Staff will design a fee-for-service sustainability
consulting menu/proposal for interested agencies.
Should interest exist, staffing support will be
supplemented through the Climate Core Bay Area
Program in FY14-15. Included in this list will be a
new campaign, developed in FY13/14 titled
green@school, which supports school site health,
wellness, and sustainability through a student-led
certification program that parallels GreenBiz.
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1) Heart of the City Specific Plan Council provided direction in
August 2013 to study side setbacks
and residential density for projects.
The street side setback will be
clarified in the first phase.
City staff is currently working with
consultant, MIG, to prepare the
proposed HOC street side yard
setback amendments.
Proposed HOC street side setback amendments
to be reviewed by PC and CC in Fall 2014.
Other Zoning Ordinance (residential density,
etc.) and HOC amendments to be reviewed as
part of/after General Plan/Housing Element
process.
2) General Plan Amendment to review
land use alternatives that include
options for City-wide development
allocations (office, commercial, hotel,
and residential), as well as building
heights and densities for corridors,
special centers, and seven study areas,
including the Vallco Shopping District.
Project was authorized by the City
Council in March 2013
Community Workshops held in July
and October 2013 and January 2014.
Planning Commission and City
Council study sessions held on
February 19, 2014 and March 4, 2014,
respectively to finalize alternatives to
be studied.
Joint CC/PC Study Session on major
policy topics to be considered in the
General Plan Amendment held on
April 1, 2014.
Combined EIR process for General
Plan (GPA) and Housing Element
(HE) underway.
Combined GPA/HE Draft EIR tentatively
expected in June 2014.
Final EIR tentatively expected in August 2014.
PC and CC hearings tentatively scheduled for
September/October 2014.
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Plan Housing Element (2014-2022) to
accommodate the most recent ABAG
RHNA allocation.
City Council authorized project on
November 4, 2013.
Workshops and stakeholder
meetings held between December
2013 and February 2014 to review
recommended list of housing sites.
Planning Commission and Council
study sessions held on February 19,
and March 4, 2014 to finalize list of
sites to be studied in EIR.
Combined EIR for General Plan and
Housing Element underway.
Combined GPA/HE Draft EIR expected in June
2014.
Final EIR expected in August 2014.
Council adoption of Draft Housing Element
expected in October 2014.
The Draft Housing Element to be sent to HCD
for review
Final Housing Element adoption to be
completed by March 31, 2015
4) Review parking requirements for
various land uses in the Zoning
ordinance.
In February, the Planning
Commission recommended adding
the project to the upcoming 2014-15
work program.
Proposed to begin in early 2015 after
completion of the General Plan Amendment. 5) Update Conceptual Plans (North De
Anza and South De Anza).
To be updated in conjunction with
the General Plan Amendment and
Housing Element.
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application system.
Software under development by CSI
Magnet in consultation with
Building, Planning, Public Works
and Finance.
Launch has been delayed to
accommodate coordination with the
consultant team related to
development of internal processes
and migration of existing data.
Estimated launch of Test Building and Mobile
module - June 2014.
Estimated project completion - Late 2014. 7) Update Below Market Rate Housing
Manual and Nexus Study.
To be reviewed as part of the
Housing Element. The review will
also include pending litigation on the
issue.
8) Evaluate a “Teacher Housing” project in
partnership with a non-profit
developer.
To be reviewed as part of the
Housing Element.
To be pursued in coordination with and upon
initiation by the school districts and/or non-
profit developer. 9) Revise Private Tree Ordinance (to
streamline process and eliminate
disincentives).
Community meeting held on October
30, 2013.
Reviewed by Planning Commission
in December 2013.
City Council study session to review options -
April 2014. 10) Continue to work on the Parkside Trails
project to facilitate residential
development and dedication of a creek
corridor and park parcel on a 43-acre
hillside property.
Applicant resubmitted plans and
information for technical studies –
March 2014.
Environmental review (MND) to be completed
by April/May 2014.
Draft EIR –May/June 2014.
Planning Commission and Council review of
project – July/August 2014.
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2013
Building permits for Phase 1
submitted and under review
Tree Removal and demolition completed.
Grading expected to commence shortly
Parcel Map and Subdivision Agreement
approved April 1, 2014
Utility relocations to surrounding streets
continuing
Pruneridge Avenue anticipated to be closed in
early June
Discussions and street improvement plan
development progressing with Caltrans and
adjacent jurisdictions
12) Prepare comprehensive Planning and
Building fee study
Building and Planning fees should be
comprehensively reviewed every 7 years. Last
complete review was in 2003. Fee Study update
included in FY 2014-15 budget proposal.
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PUBLIC WORKS DEPARTMENT
1) Prepare Sidewalk Plan.
a. Review ADA Transition Plan
provisions
b. Review Municipal Code provisions
related to sidewalk improvements
c. Consider Safe Routes to School and
other funding sources
a. Contract for ADA Transition Plan
update executed with MIG. Multi-
department Internal kickoff meeting
held April 23, 2014
b. Anticipate work effort in spring of
2014 for code review.
c. Continue to scan for any potential
funding sources to promote sidewalk
development.
a. Staff self-evaluations of programs, policies, and
facilities to occur by late May
c. VTA staff recommending approval of TFCA
grant application for colorized bike lane
application on Stevens Creek Blvd. between
DeAnza College entrance and Highway 85.
Working with consultant on Active Transportation
Program grant application due in May, 2014.
2) Implement programs to preserve and
enhance pavement condition
throughout the City.
Increased funding for the annual
asphalt project over the last three years
has benefited the street network
condition. Additional funding is needed
to prevent the pavement condition
index (PCI) from falling below the
current value 64. To improve PCI and
minimize the amount of deferred
maintenance, annual funding of $6.5M
is needed for the next five years.
The annual asphalt report presented to Council in
April of 2014 will detail several scenarios of PCI for
allocated budgets.
Preventative maintenance programs of fogseal and
crackfill have completed several years of
improvement.
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measures and policies to comply with
the new requirements of the City’s
storm water discharge permit.
Installed 117 trash capture devices (inlet
screens and basket inserts) on 68
drainage inlets in litter-generating retail
areas (Oct 2012); Implemented Reusable
Bag Ordinance 10/1/13; Participated in
San José’s CEQA study resulting in a
Neg. Dec to enable the City to proceed
with an EPS foam food ware ban.
Prioritizing compliance with Litter Reduction
mandates of 40% by July 1st; 70% by 7/1/2017 and
100% by 7/1/2022. Will increase on-land cleanups
and outreach to high schools; increase enforcement
of anti-litter ordinance, street sweeping in retail
areas, installation of curb inlet screens; and
purchase solar compactor recycling & trash bins
for litter-generating pedestrian routes. EPS foam
food ware ban to go into effect in July, 2014. Will
bring for Council consideration in September an
amendment to bag ordinance to keep $0.10 paper
bag cost rather than escalating. 4) Review Fleet Management policies.
a. Update Managed Vehicle
Replacement Program
i. Consider complete lifecycle costs
ii. Evaluate vehicle/equipment
sharing with other agencies
The Public Works Department is
collaborating with the City Manager’s
Office and the Finance Department
regarding fleet requirements,
characterizing use and updating fleet
policies to consider alternatives that are
green and cost effective.
Non-Service Center vehicles have the most
promise for electric / hybrid alternatives. As these
vehicles are retired, all alternatives will be
analyzed.
A two year agreement with Town of Los Gatos &
Campbell was implemented in 2013. A storm drain
vacuum truck from Los Gatos has been
successfully used to clean the storm drain system. 5) Develop Civic Center Plan.
a. Financing Plan
b. Solar/alternative energy options
c. Enlarge Library Story Room
A design consultant and an
environmental consultant were selected
and agreements for services were
approved in March 2014. The overall
term for the development of the master
Meetings with library stakeholders will be held in
April to discuss and refine a conceptual plan for
expansion of the library.
Parking surveys are being conducted in April.
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2014/2015 City Council Work Program
Project Current Status Comments and Next Steps
2014/2015 Council Work Program 4/30/14 Page 17 of 23 Items in blue represent new work projects.
plan is 10 months.
A meeting with Library stakeholders
was held in March. A community
survey regarding the Civic Center
Master Plan was conducted as part of
the Earth Day Festival activities and a
web-based community engagement site
was activated on April 7th.
A stakeholder meeting for the Civic Center Master
Plan is scheduled for May14th.
An interim parking plan has been developed and
approved by Council to relieve current parking
congestion.
6) Implement major CIP projects.
a. Environmental Education Center
b. Steven Creek Phase II
c. Dog Park
a. A construction contract was
awarded by Council consideration
on April 1st.
b. Construction is substantially
complete, plant establishment
continues through June.
c. Construction of the Dog Park was
completed in February, followed by
a soft-opening allowing use. The
facility was dedicated on April 3rd.
a. Construction at the site will start in June, after
the bird breeding/nesting season is largely
over.
b. Anticipate opening of trail and grand opening
event in early July 2014.
7) Participate in Stevens Creek Trail
planning process.
Staff regularly participates in support of
the Sunnyvale-led project. Regular
working team meetings have been
completed; staff participates in
meetings when scheduled and provides
input as needed.
Continue to participate in and support the
Sunnyvale-led project.
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2014/2015 City Council Work Program
Project Current Status Comments and Next Steps
2014/2015 Council Work Program 4/30/14 Page 18 of 23 Items in blue represent new work projects. 8) Review maintenance levels for City
facilities
Develop maintenance standards, review resource
requirements, and current levels of effort. Will
bring recommendation for Council consideration
of additional maintenance resources as part of
2014-15 budget discussions. 9) Prepare process to award new solid waste
franchise
Existing franchise will likely not be subject to its
automatic extension and Council may consider
readvertising through an RFP process in winter,
2014-15.
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2014/2015 City Council Work Program
Project Current Status Comments and Next Steps
2014/2015 Council Work Program 4/30/14 Page 19 of 23 Items in blue represent new work projects.
RECREATION AND COMMUNITY SERVICES DEPARTMENT 1) Facilitate the Stevens Creek to
McClellan Ranch Preserve Corridor
Master Plan
RFP issued 12/13. Awarded contract
2/18/14 to MIG, Inc. The overall term of
development of the Master Plan is 12
months, including an EIR.
Community surveys regarding the Master Plan
will be conducted as part of the Earth Day,
Cupertino Day and 4th of July events. 2) Sports Center
a. Repair the Sports Center leaning
retaining wall.
b. Construct the Sports Court.
c. Resurface tennis courts
d. Consider lighting Stevens Creek
Blvd. side courts in conjunction
with the resurface project
These projects are scheduled to begin
construction in September 2014 after
the spring/summer high-use season at
the Sport Center.
a. Consultant engaged to
manage investigation and
design of repair.
b. Consultant selected for design
and documentation services
and contract is being
developed.
c. Budget for resurfacing is
included in the CIP budget for
FY 2014/15.
a. Bid the retaining wall project in August
2014 for construction in Fall 2014.
b. Bid the Sports Court project in August 2014
for construction in Fall 2014.
c. Staff will analyze the most efficient
improvement scenarios for the resurfacing
project.
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2014/2015 City Council Work Program
Project Current Status Comments and Next Steps
2014/2015 Council Work Program 4/30/14 Page 20 of 23 Items in blue represent new work projects. d. Plan for the installation of
electrical conduit during
construction of the resurfacing
and sports court projects so as
to facilitate the addition of
lighting in the future for
courts on Stevens Creek
Boulevard.
3) Explore the potential for expanding
Blackberry Farm operations.
Will be addressed with the Corridor
Master Plan. Programs have been
added to enhance community
involvement in FY 13/14
Pending Master Plan and EIR reports. 4) Consider the Stocklmeir a legacy farm
project since creek restoration work and
trail building will be done by July 2014.
Will be addressed with the Corridor
Master Plan. Orange trees were
harvested in 2013 and will be pruned &
harvested in on 4/19/14 with food going
to local food banks.
A project to consider the city land uses
along the improved Stevens Creek trail,
between Stevens Creek Blvd. and
McClellan Rd. is underway. This
planning project will include the
planning of the Stocklmeir orchard
property.
The Stocklmeir Task Force will be included among
the stakeholders to participate in the overall
Master Plan
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2014/2015 City Council Work Program
Project Current Status Comments and Next Steps
2014/2015 Council Work Program 4/30/14 Page 21 of 23 Items in blue represent new work projects. 5) Replace the recreation registration
software with a cloud-based software
version to be accessed at any City
facility.
In progress. Staff is assessing software
options with the intention of
implementation in 2014/15.
6) Implement 317 outstanding CIP
projects in conjunction with Public
Works Administration and
maintenance divisions.
These projects are funded and in the
current 5-year budget.
Communicate timing and programming needs to
ensure appropriate design, construction and
maintenance for each project. 7) Expand and integrate Block Leader
Neighborhood Watch and Disaster
Preparedness Programs.
All three programs have been moved to
the Parks and Recreation Department ,
including the Sister City program
8) Utilize Block Leader Program to
provide “grass roots” notification to
residents of community development
and/or public works projects.
Expansion planned through integration
of our Love Your Park program.
Current example is outreach to Portal Park
neighbors to discuss and inform the new Collins
School ball field. Pilot program at Wilson Park to
be requested with FY 14/15 CIP and Portal Park in
FY 15/16 CIP. 9) Implement an ongoing, active
partnership with Public Works to
identify improvements and enhance
our neighborhood parks, including an
ongoing park maintenance schedule
and Park Master Plan.
Mutually agreed to maintenance
standards are being established with
improvements identified by park.
Potential CIP projects will be identified
in order of need
Master Planning to be implemented including,
neighborhood outreach via Block Leaders.
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2014/2015 City Council Work Program
Project Current Status Comments and Next Steps
2014/2015 Council Work Program 4/30/14 Page 22 of 23 Items in blue represent new work projects. 10) Explore potential of partnerships with
the SCC Library, YMCA, El Camino
Hospital, SCC Sheriff, Service Clubs
and schools to enhance/expand
programs.
Initial outreach meetings started in 2/14.
Scheduled a Sustainability Showcase
Series with the Library, featuring a
variety of Parks & Recreation Programs
on 4/30 (Kids Program), 6/12 (Family
Program), 7/9 (Teen Program), and 9/24
(Senior Program).
New Programs/events include: World’s Largest
Swim Lesson; Super Hero’s 5K/Fun Run;
Cupertino Library 10th Anniversary; Harvesting
the Stocklmeir Orchard 11) Facilitate a City-wide survey of users
and potential users to identify the
facilities and programming needs of
our community.
Will be addressed with the Corridor
Master Plan
Survey planned for Spring/Summer 2014 12) Negotiate a new agreement with the
SCC Sheriff and assist in the task force
to possibly relocate the Sheriff
substation.
Negotiations scheduled for Summer
2014. Search for new substation is
underway due to lease expiration in
June 2014.
13) Propose to Increase Senior Case
Management services to accommodate
increasing demand.
Recommend additional case manager
with the FY 14/15 budget.
Current case load is twice the recommended
average, and the demand is increasing. Program
offered at the Senior Center since 1980.
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2014/2015 City Council Work Program
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2014/2015 Council Work Program 4/30/14 Page 23 of 23 Items in blue represent new work projects.
ADMINISTRATIVE SERVICES DEPARTMENT 1) Restructure the budget process and
document to increase transparency.
Annual budget process moved to City
Manager’s office. Year one of two
completed
Year two in process and will contain new policies
and schedules. Year three is anticipated to finalize
the Performance Measures section. 2) Negotiate long term (three year plus)
contracts that are fair, financially
sustainable and competitive in the local
labor market.
Completed negotiations in July 2013.
Contract term 7/1/13-6/30/16.
Contract with HRA provider-define plan features.
Re-opener for retiree medical plan options in
November and December 2013. 3) Implement a back to work/modified
duty policy.
Policy draft done as of 10/13,
implemented November 2014.
Admin Services will be reviewing all financial and
HR Policies in the new 1-2 years with the goal of
updating/adding new policies in place by 2016. 4) Pursue legislation to correct our
TEA/ERAF inequity allocations.
Cupertino plus 3 other cities hired
Aaron Reed & Assoc. to champion
SB629. Unfortunately, this bill did not
move forward in 2013. The task force
has decided not to pursue in 2014 due
to low probability of success.
5) Replace the City’s obsolete financial
software.
Assessment of software is underway
with RFP in process. Software Demos
complete.
Reference Checks
Site Visits
Contract Negotiation
Final contract will go before Council for Approval
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PUBLIC AFFAIRS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3262 • FAX: (408) 777-3366
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Cupertino Union School District Parcel Tax Renewal, Measure A (May 6, 2014) Special Mail
Ballot Election
Recommended Action
Accept Legislative Committee recommendation to support the CUSD Parcel Tax Renewal,
Measure A, Special Mail Ballot Election.
Description
The Cupertino Union School District Parcel Tax Renewal, Measure A ballot question is on
the May 6, 2014 special mail election ballot for voters in the Cupertino Union School
District in Santa Clara County, California.
If approved, this measure would renew the district's parcel tax of $250 per parcel for eight
years. The tax measure would include citizen oversight requirements, a prohibition against
using Measure A revenue for salaries of administrators, the requirement that all revenue
stay in locals schools and an exemption for senior citizens.
This tax would be a combination of the two parcel taxes in the district, which were
approved as Measure B in 2009 and Measure C in 2011. These parcel taxes were set to
expire in 2015 and 2017 respectively. Both past measures approved a $125 parcel tax, which
are combined in Measure A to come up with the rate of $250 per parcel. The renewal of
these taxes through a "yes" vote on Measure A would produce approximately $8.8 million
per year in district revenue.
The Cupertino Union School District consists of 20 elementary schools and five middle
schools. It has a little more than 18,000 students from Cupertino and portions of Sunnyvale,
Santa Clara, San Jose, Los Altos and Saratoga.
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Vote-by-mail ballots were sent out to registered voters beginning on April 14, 2014.
A 2/3rds supermajority vote is required for the approval of Measure A.
Supporters
The following individuals signed the official arguments in favor of Measure A:
• Steve Ting, community leader and 27-Year Cupertino resident
• Dianne McKenna, former Sunnyvale Mayor and Santa Clara County Supervisor
• Dawn Ying, Cupertino/Fremont/Sunnyvale Council PTA President
• Richard Lowenthal, former Cupertino Mayor and small business executive
• Anita Amarnath, 14-year teacher and former District Teacher of the Year
Opposition
No official arguments against Measure A were submitted.
Prepared by: Rick Kitson, Public Affairs Director
Approved for Submission by: David Brandt, City Manager
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PUBLIC AFFAIRS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3262 • FAX: (408) 777-3366
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Measure AA, proposed by the Midpeninsula Regional Open Space District.
Recommended Action
Accept Legislative Committee recommendation to support Measure AA, proposed by the
Midpeninsula Regional Open Space District.
Description
The Midpeninsula Regional Open Space District has placed Bond Measure AA Summary
on the June 3, 2014 Ballot.
Analysis
The following impartial analysis of Measure AA was prepared by the Office of the County
Counsel:
If approved by at least two-thirds of those voting on the measure, this measure will
authorize the Midpeninsula Regional Open Space District (the “District”) to issue
general obligation bonds in a maximum aggregate principal amount not exceeding
$300,000,000. The bonds would constitute an indebtedness of the District.
The money raised through the sale of the bonds may only be used by the District for
the purposes stated in the Expenditure Plan. Accountability measures required by
State law would apply, including an annual report and establishment of a citizen
oversight committee to verify annual expenditures of bond proceeds. The interest
paid on the bonds and their terms to maturity will be limited by State law.
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Payment of interest and principal relating to the bonds would be financed by a tax
levied on real property within the District. The Tax Rate Statement for Measure AA
which is printed in this ballot pamphlet provides information about that tax.
This measure was placed on the ballot by the District’s Board of Directors.
A “yes” vote on Measure AA is a vote to authorize the bonds to be issued and
financed by ad valorem taxes levied on real property in the District.[2]
A “no” vote on Measure AA is a vote against issuing the proposed bonds.
By Jane M. Scott, Assistant County Counsel
Fiscal analysis
The following fiscal analysis and tax statement was provided by the General Manager of
the Midpeninsula Regional Open Space District for Measure AA: [1]
An election will be held in the Midpeninsula Regional Open Space District (the
“District”) on June 3, 2014, to authorize the sale of up to $300 million in bonds of the
District to provide public access and acquire, restore, and preserve open space
throughout the District as described in the ballot measure. If the bonds are
approved, the District expects to sell the bonds in several series over time. Principal
and interest on the bonds will be payable from the proceeds of tax levies made upon
the taxable property in the District. The information contained in numbered
paragraphs 1 - 3 below is provided in compliance with sections 9400-9404 of the
Elections Code of the State of California.
1. The best estimate of the tax which would be required to be levied to fund this
bond issue during the first fiscal year after the sale of the first series of bonds, based
on estimated assessed valuations available at the time of filing of this statement, is
$1.00 per $100,000 of assessed valuation in fiscal year 2015-16.
2. The best estimate of the tax rate which would be required to be levied to fund this
bond issue during the first fiscal year after the sale of the last series of bonds, based
on estimated assessed valuations available at the time of filing of this statement, is
$2.90 per $100,000 of assessed valuation in fiscal year 2044-45.
3. The best estimate of the highest tax rate which would be required to be levied to
fund this bond issue, based on estimated assessed valuations available at the time of
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filing of this statement, is $3.18 per $100,000 of assessed valuation in fiscal year 2034-
35.
Voters should note that the estimated tax rates are based on the estimated
ASSESSED VALUE of taxable property on the respective County’s official tax rolls,
not on a property’s market value. Property owners should consult their own
property tax bills to determine their property’s assessed value and any applicable
tax exemptions.
Attention of all voters is directed to the fact that the foregoing information is based
upon the District’s projections and estimates only, which are not binding upon the
District. The actual tax rates and the years in which they will apply may vary from
those presently estimated, due to variations from these estimates in the timing of
bond sales, the amount of bonds sold and market interest rates at the time of each
sale, and actual assessed valuations over the term of repayment of the bonds. The
dates of sale and the amount of bonds sold at any given time will be determined by
the District based on its needs for funds and other factors. The actual interest rates at
which the bonds will be sold will depend on the bond market at the time of each
sale. Actual future assessed valuation will depend upon the amount and value of
taxable property within the District as determined by the respective County
Assessor in the annual property value assessment process.
By Stephen E. Abbors, General Manager Midpeninsula Regional Open Space District
Supporters
The following individuals signed the official arguments in favor of Measure AA: [1]
• Anna G. Eshoo
• Carl Guardino
• Karen Douglas
• Margaret Aloe-Koga
• Diane Talbert
Opposition
The following individuals signed the official arguments in opposition to Measure AA:
• Mark W.A. Hinkle, president of the Silicon Valley Taxpayers Association
• Edward Leo Wimmers, chair of the Libertarian Party of Santa Clara County
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The following was submitted as the official arguments against Measure AA
Every local government entity probably would like to have the authority to borrow
money (by selling bonds) for any number of current and future projects.
Keep in mind, however, that any borrowed money must be repaid— with interest.
California “general obligation” bonds are guaranteed for repayment by the
accompanying authority to raise property taxes.
Under the language of this measure, there is no telling how the $300 million will be
used (except generally to purchase and maintain open space areas as provided in its
Section 3). The section refers to an “Expenditure Plan” containing “priority actions”
with lots of possible projects; however, no project is assured.
Another concern is that this measure contains no limitation on when the bonds may
be sold. This is important because the projected tax rate is based on current interest
rates. Years from now, if interest rates go up, the bonds authorized by this measure
could be sold and pay interest as high as state law allows (currently 12% per year).
The total cost of the borrowing could soar. Proponents should address the above-
stated concerns and explain to voters:
(1) just how the Open Space District has been spending its current budget of more
than $30 million per year,
(2) how much money each of the many possible projects listed in the current
“Expenditure Plan” would cost, and
(3) how many of those projects could be completed for the $300 million sought in the
current bond measure.
Prepared by: Rick Kitson, Public Affairs Director
Approved for Submission by: David Brandt, City Manager
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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: May 6, 2014
Subject
Cancel the second meeting in September (16th).
Recommended Action
Cancel the meeting.
Discussion
It has been past City Council practice to cancel one or two meetings during the summer
to accommodate Council members’ vacation plans. September 16 was a requested date
to cancel since two Council members would be out of town.
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: None
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CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Alcoholic Beverage License, TGI Fridays, 10343 N. Wolfe Road (Marlu Restaurant
Group, Inc)
Recommended Action
Approve application for On-Sale General Eating
Description
Name of Business: TGI Fridays
Location: 10343 N. Wolfe Road
Type of Business: Restaurant
Type of License: On-Sale General Eating (47)
Reason for Application: Annual Fee, Person-to-Person Transfer
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 47
authorizes the sale of beer and wine for consumption on or off the premises where sold
and must operate and maintain the licensed premises as a bona fide eating place.
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, City Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Alcoholic Beverage License, Sprouts Farmers Market, 20558 Stevens Creek Boulevard
(SF Markets LLC)
Recommended Action
Approve application for Off-Sale Beer and Wine
Description
Name of Business: Sprouts Farmers Market
Location: 20558 Stevens Creek Boulevard
Type of Business: Food Retailer
Type of License: Off-Sale Beer and Wine (20)
Reason for Application: Annual Fee, Original Fees
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 20
authorizes the sale of beer and wine for consumption off the premises where sold.
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, City Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Annual approval and renewal of the collection of existing storm drain fees at no
increase in rates for fiscal year 2014-2015.
Recommended Action
Adopt Resolution No. 14-____.
Discussion
Since 1992, the Nonpoint Source Program, mandated by the State of California and the
United States Environmental Protection Agency regulations pursuant to the Clean
Water Act, has been funded locally from a storm drain fee applied to each property in
the City. The fee, collected by the Santa Clara County Tax Collector on behalf of the
City, is subject to annual review and approval by the City Council.
The existing storm drain fees support the City’s State and federally mandated programs
and water quality control requirements. Also supported by these funds are the
operation and maintenance of storm drain facilities (to the extent not covered by
existing General Fund activities), a portion of the annual street sweeping contract,
funding for regional watershed monitoring, local public outreach and education, litter
reduction measures and other compliance work conducted on behalf of the cities and
agencies by the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP). The City is also responsible for mandatory inspections and data tracking
to prevent illegal connections and discharges to the City’s storm drain system and
impacts to State waters.
The fees have remained the same since they were first levied in 1992 and no increase is
proposed at this time. The annual fees for each property category are as follows:
Category Rate per Year
Single-Family, Town homes, Condominiums $ 12.00 / premise
Commercial/Industrial/Apartments $ 144.00 / acre
Unimproved Land/Recreation $ 36.00 / acre
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Fiscal Impact
The fee schedule, when levied on all properties in the City of Cupertino, generates
approximately $370,000. The proposed program budget for FY 2014-2015 is
approximately $539,000. The budgeted amount is the minimum necessary to comply
with the increasingly stringent State and Federal Clean Water Act requirements, higher
municipal National Pollutant Discharge Elimination System (NPDES) fees proposed by the
State, and an increase in SCVURPPP program costs. The difference between the
budgeted amount and the revenue from fees is proposed to continue to be supported by
the General Fund.
Any increase in the current fee amount would be subject to Proposition 218 and no
change is recommended at this time; however, testing the public support for a fee
increase will be included in the next Godbe community survey this summer.
Sustainability Impact
The storm drainage fee, which has been in place since 1992, supports water pollution
prevention and water conservation (NPDES[1]) activities. A significant sustainability
benefit is the reduction (or elimination) of pollutant discharges, which could degrade
local creeks and threaten the supply of clean water. _____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution including Engineer’s Report
[1] National Pollutant Discharge Elimination System (NPDES) is the name of the permit required of all municipalities that
discharge rainwater into local creeks and other waters of the State. NPDES requirements are federally mandated by the Clean
Water Act and regulated by the State’s Regional Water Quality Control Board (RWQCB) for the San Francisco Bay region.
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RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING
STORM DRAIN FEES AT NO INCREASE IN RATES FOR FISCAL YEAR 2014-2015
WHEREAS, the City Council of the City of Cupertino enacted Municipal Code Chapter 3.36 in
part to meet the City’s federally mandated Stormwater Pollution Prevention and Management Program
and establishing the authority for imposing and charging a storm drainage service charge; and
WHEREAS, a report entitled “Engineer’s Report, Assessment of Fees for Storm Drainage
Purposes Nonpoint Source Pollution Program (Exhibit A),” concerning the method of assessing an
environmental fee to fund the City’s Stormwater Management Program was prepared by the Director
of Public Works pursuant to Section 3.36.080(B) of the City’s Municipal Code and filed with the City
Clerk on April 15, 2014; and
WHEREAS, the report, filed with the City Clerk, was available for public inspection and
review twenty (20) days prior to this public hearing; and
WHEREAS, the City Council of the City of Cupertino finds and determines as follows:
1. After considering the report entitled “Engineer’s Report, Assessment of Fees for Storm
Drainage Purposes Nonpoint Source Pollution Program” and the testimony received at this public
hearing, the City Council hereby approves the report and herein incorporates it in the resolution.
2. There is a need in the City for the continuation of a storm drainage service charge to
cover the costs of the federally mandated program as heretofore described, in that properties within the
city will not otherwise contribute a portion of costs toward this program and without the availability of
such storm drainage service charge, the City’s general fund will eventually be negatively impacted in
such a manner as to jeopardize other essential services.
3. The facts and evidence presented establish that there is a reasonable relationship
between the need for this fee and the impacts for which this fee shall be used, and that there is a
reasonable relationship between the fee’s use and the properties, which are to be charged this fee.
These relationships or nexuses are described in more detail in the above referenced report.
4. The amounts of the fee for each category of property, as set forth below, are reasonable
amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study and
below the cost recovery.
5. It is further determined that each and every parcel of land contained in said report will,
and has received a benefit of flood control from the storm drainage system and that the charges
imposed herein on each such parcel are in conformity with, and in fact lower than, the benefits that
such parcel has received as further described in the report.
ATTACHMENT A
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that:
1. Charge. The storm drainage service charge shall continue to be charged to each parcel
within the city to contribute to the costs of the City’s federal and state requirements for Nonpoint
Source Control and a Stormwater Management Program.
2. Use of Revenue. The revenue derived from said charge shall be used in connection
with implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code entitled “Storm
Drainage Service Charge” and Chapter 9.18 entitled “Stormwater Pollution Prevention and Watershed
Protection.”
3. Schedule of Charges.
(a) Annual fees for each category of property will be assessed and collected as follows:
Residential premises $ 12.00/parcel
Apartment premises $ 144.00/acre
Commercial/Industrial premises $ 144.00/acre
Unimproved/Recreational $ 36.00/acre
(b) The following public properties are exempt from, and shall not be assessed the
environmental fee:
Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anza Community College District
The Fremont Union High School District
The Midpeninsula Regional Park District
United States of America
4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the
date of its adoption.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th
day of May, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Gilbert Wong, Mayor
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EXHIBIT A
ENGINEER'S REPORT
ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES
NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees for funding the City of Cupertino's Nonpoint
Source Pollution Program mandated by the Environmental Protection Agency (EPA). Regulations
by the EPA and the State of California require cities to take specific actions to eliminate or control
pollutants in waters of the State.
The term "nonpoint source pollution" represents a process whereby pollutants, debris, sediment and
chemicals which accumulate on streets, in neighborhoods, construction sites, parking lots and other
exposed surfaces are washed off by rainfall and carried away by stormwater runoff (via drain inlets
and pipes installed for flood control) into local creeks and the San Francisco Bay. Sources of these
pollutants may include automobile exhaust and oil, pesticides, fertilizers, eroded soil, detergents,
pet waste, paint, litter and other material carried through the storm drainage system—without
treatment—directly to the Bay. Many of these pollutants are hazardous to aquatic and human life.
The City of Cupertino has implemented several mandated and optional programs to mitigate this
problem. Among other activities, these programs include elimination of illegal discharges into
storm drains, street sweeping, installation of trash capture devices and curb drain inlet screens to
prevent litter from entering drain inlets, inspection and cleaning of storm drain structures, public
education at City events and a City and school district-wide third-grade creek education & field trip
program.
The State San Francisco Bay Regional Water Quality Control Board (Water Board) approved the
Municipal Regional Permit (MRP) on October 14, 2009. The permit was issued to 76 agencies or
co-permittees (including the City of Cupertino) which discharge storm water through drainage
systems to the San Francisco Bay. The MRP includes several mandated requirements that are
being phased in over five years. The Santa Clara Valley Urban Runoff Pollution Prevention
Program (SCVURPPP) has increased its co-permittee assessments to meet these requirements.
With these and other MRP requirements on the horizon, the City has increased the NPS budget to
ensure continued compliance. For FY 2014-2015, the fee will provide revenue of $370,000,
leaving approximately $169,000 to be paid from the General Fund. While Proposition 218
essentially prevents the City from increasing stormwater fees, it is important that the fees in place
since 1992 continue to be collected.
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B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal year
2014-2015 is approximately $539,000. The breakdown of costs is estimated as follows:
Countywide Program $ 140,000
SCVURPPP 1 Program Fee - Regional Permit Implementation
Regional Watershed Monitoring (administered by EOA, Inc.2)
State NPDES 3 Permit Fees
Countywide Public Education and Municipal Staff Training
CA Stormwater Quality Association (CASQA) Participation
Annual Parcel Stormwater Fee Assessment for County
Policy Development
Operations and Maintenance $ 190,000
Catch Basin and Full Trash Capture Device Cleaning
Street Sweeping
On-call Emergency Spill Response
Staff and Equipment to Implement Litter Reduction Measures
City Public Education Awareness $ 50,000
Public Outreach Materials & Events
Third-Grade Creek Education for Local Schools
Support High School Students’ Watershed and Creek Education
Support De Anza College and Community Environmental Education
Community Engagement - Creek Cleanup & Watershed Monitoring Events
Local Programs $ 159,000
Development, Administration and Tracking of Mandated Programs
Environmental Impact Review and Ordinance Revision
Database Administration
Illegal Discharge Complaint Investigation and Enforcement
Industrial/Commercial Inspection Program
Construction Site Inspection Program
Verification of Treatment Measure Maintenance by Private Property Owners
Low Impact Development (LID) Oversight
Litter Reduction Education and Enforcement
_______
TOTAL $ 539,000
1Santa Clara Valley Urban Runoff Pollution Prevention Program, a collaborative of 15 municipalities and agencies in Santa Clara
County (Cupertino is a SCVURPPP member and co-permittee) 2 EOA, Inc. is the environmental engineering and regulatory consulting firm that manages the Santa Clara Valley Urban Runoff Pollution
Prevention Program for the co-permittees www.eoainc.com 3 National Pollutant Discharge Elimination System
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C. Revenue and Assessment
Revenues generated to fund this program are based on a factor calculated from the City's Master
Storm Drain Study runoff coefficients and average area of impervious surface per acre based on
type of land-use development. The factor for each category is based on a comparison to an average
residential parcel assigned a factor of one.
The following table represents the approximate revenue stream for different categories of
development.
No. Parcels Annual Revenue
Development Category Factor or Acre Cost/Unit Generated
Residential 1 15,675 Pcls $ 12.00 $ 188,100
Commercial/Industrial/
Apartments 12 1,049.47 Ac $ 144.00 $ 151,124
Unimproved/Recreational 3 877.75 Ac $ 36.00 $ 31,599
_________
TOTAL $ 370,823
Each parcel has been identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT.
____________________________
Timm Borden
Director of Public Works
4/14/14
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
City Project, Mary Avenue Dog Park, Project No. 2010-9137A.
Recommended Action
Accept City Project No. 2010-9137A.
Discussion
The City’s contractor, Redgwick Construction Company, has completed work on the
Mary Avenue Dog Park. The project consisted of the construction of a dog park
comprised of a large dog and a small dog area. This project was substantially completed
by Redgwick Construction Company on February 20, 2014.
___________________________________
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: None
87
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
2013 Pavement Maintenance Project – Phase 2, Project No. 2013-05.
Recommended Action
Authorize the City Manager to award a contract to Valley Slurry Seal International, in
the amount of $548,341 and approve a construction contingency of $51,659, for a total of
$600,000.
Discussion
On April 7, 2014, the City received bids for the 2013 Pavement Maintenance Project –
Phase 2. This project compliments the Phase 1 project that was authorized by Council
on July 16, 2013. The completed Phase 1 project included the asphalt overlay and
subsurface repair of many streets. The majority of the streets that had these repairs
completed, along with other streets in similar good condition, are now scheduled to
have preventative maintenance surface treatments applied by this Phase 2 project. A
benefit of preventative maintenance treatments is their ability to extend pavement life at
costs lower compared to complete restoration. A total of four companies submitted bid
packages for this project. The following is a summary of bids deemed complete:
Bidder Bid Amount
Engineers Estimate $584,000
Valley Slurry International $548,341
American Asphalt $548,837
Windsor Fuel Co. $579,400
Intermountain Slurry Seal $656,656
Fiscal Impact
Award of the project will result in a fiscal impact of up to $515,000. This reduced
amount is due to an estimated $85,000 to be received from the City of Los Altos, to
reimburse for work completed by this project on the City of Los Altos side of
Homestead Road under a cost sharing agreement authorized by Council on January 21,
2014. Sufficient funds have been budgeted and are available from account #270-8404-
9325 (Pavement Maintenance).
_____________________________________
88
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - List of Streets to Receive Pavement Maintenance Treatment
B – Draft Contract
89
STREET NAME FROM TO Treatment
Blaney Ave (North)Forest Ave Stevens Creek Blvd Rubber Chip Seal
Blaney Ave (South)Stevens Creek Blvd Bollinger Rd Rubber Chip Seal
Canyon Oak Way Cristo Rey Drive 21111 Canyon Oak Way Slurry Seal
Homestead Rd Foothill Blvd Bernardo Ave Rubber Chip Seal
Imperial Ave 10290 Imperial Ave South End Conventional Chip Seal w/ Slurry Seal
Oak Valley Road 23505 Oak Valley Rd Sycamore Ct Slurry Seal
Olive Ave Imperial Ave Orange Ave Conventional Chip Seal w/ Slurry Seal
Pasadena Ave Granada Ave Olive Ave Conventional Chip Seal w/ Slurry Seal
Regnart Rd Lindy Lane West End Conventional Chip Seal
Sycamore Ct Oak Valley Rd End Slurry Seal
Attachment A
2013 Pavement Maintenance Phase 2
Street List
90
Project No. 2013-05
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of , 2014 , by and between _________________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 _______________, 2014 awarded to Contractor the following Project:
PROJECT NUMBER 2013-05
2013 PAVEMENT MAINTENANCE PROJECT – PHASE 2
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor 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. Agency and Notices to City
2.1 City has designated Roger Lee, Assistant Director, Public Works, 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 Representative is the beneficiary of all Contractor obligations to City,
including without limitation, all releases and indemnities.
2.2 All 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
3.1 Contract Time.
The Contract Time will commence to run on the date indicated 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 45 working days as provided in Document 00700 (General
Provisions)
3.2 Liquidated Damages.
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
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
City of Cupertino 00520 - 1 Contract
2013 Pavement Maintenance Project – Phase 2
91
Project No. 2013-05
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 delay Contractor shall pay City:
3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Substantial Completion as specified above.
3.2.2 $1,500 for 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 as required by Document 01010, Section 6.
3.2.4 $500.00 per day for failure to place temporary pavement markings as required by Document 01010,
Section 6.
3.2.5 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND
HOURS.
3.2.6 Three Months Salary for each Key Personnel named in Contractor’s SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor
can demonstrate to City’s satisfaction is beyond Contractor’s control.
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.
3.3 Liquidated 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
4.1 City 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:
5.1 Contractor 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.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or 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 Documents and 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.
City of Cupertino 00520 - 2 Contract
2013 Pavement Maintenance Project – Phase 2
92
Project No. 2013-05
5.3 Contractor 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 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the 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
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.
5.4 Contractor 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.
5.5 Contractor 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 drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor 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.
5.8 Contractor 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
6.1 Contract 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 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00520 Contract
Document 00530 Insurance Forms
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Traffic Control Requirements
Document 00821 Insurance
Document 00822 Apprenticeship Program
Document 00850 Technical Specifications
City of Cupertino 00520 - 3 Contract
2013 Pavement Maintenance Project – Phase 2
93
Project No. 2013-05
Document 00860 General Requirements
Document 00864 Estimated Quantities
Attachment A Work Hour Restrictions
Addenda(s)
Drawings/Plans
6.2 There 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
7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning
indicated therein.
7.2 It 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.
7.3 Contractor 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.
7.4 The Contract Sum includes all allowances (if any).
7.5 In 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.
7.6 Copies 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
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should 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).
City of Cupertino 00520 - 4 Contract
2013 Pavement Maintenance Project – Phase 2
94
Project No. 2013-05
7.8 This 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 Cupertino 00520 - 5 Contract
2013 Pavement Maintenance Project – Phase 2
95
Project No. 2013-05
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
2013 PAVEMENT MAINTENANCE PROJECT – Phase 2
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 Korade By:
I hereby certify, under penalty of perjury, that Timm Borden,
Director of Public Works of the City of Cupertino was duly
authorized to execute this document.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
David Brandt, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
________________________________________________
State Contractor’s License No. Classification
________________________________________________
Expiration Date
Designated Representative: Taxpayer ID No._________________________________
Name: Roger Lee Name:
Title: Assistant Director of Public Works - Title:
Address: 10555 Mary Ave, Cupertino, CA 95014 Address:
Phone: 408-777-3269 Phone:
Facsimile: 408-777-3399 Facsimile:
AMOUNT: $
ACCOUNT NUMBER:
FILE NO.:
NOTARY ACKNOWLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID
ARE REQUIRED. IF NOT A CORPORATION SOCIAL
SECURITY NO. IS REQUIRED
END OF DOCUMENT
City of Cupertino 00520 - 6 Contract
2013 Pavement Maintenance Project – Phase 2
96
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Amend Cupertino Municipal Code related to Permit Parking Zone definitions, Issuance
of Permits to Residents; and amend Cupertino Municipal Code related to Designation
of Preferential Parking Zones near the Civic Center.
Recommended Action
Conduct second reading of Ordinance No. 2014-_____: “An Ordinance of the City
Council of the City of Cupertino Amending Section 11.27.020, 11.27.050 and 11.27.145 of
the Cupertino Municipal Code Relating to Definitions, Issuance of Permits to Residents
and Designation of Preferential Parking Zones related to the south side of Rodrigues
Avenue from Torre Avenue to 230 feet east, resuming at 300 feet east to 340 feet east
and resuming from 340 feet east to 625 feet east; East side of Torre Avenue from
Rodrigues Avenue to approximately 265 south; North side of Pacifica Avenue from
Torre Avenue to 460 feet east,” and approve a resolution to allow participating
employees up to 0.5 hours of health leave bank credit per month for parking and
walking from areas away from the Civic Center (such as on Pacifica Avenue).
Discussion
With master plan improvements to resolve parking issues at the Civic Center a
minimum of 2 ½ years away, Council directed staff at the April 1st meeting to
recommend interim parking measures. In response to this direction, staff recommended
interim measures that included the designation of preferential parking zones (detailed
in the first reading of the proposed ordinance), time restricted parking within the Civic
Center parking lots and relocating as many City vehicles as possible to the Service
Center.
At the April 15, 2014 meeting, the City Council conducted the first reading of an
amendment to Cupertino Municipal Code Chapter 11.27 with no changes. When
completed, this amendment will designate preferential parking zones adjacent to the
Civic Center. Attachment B is a redline draft of the proposed amendments.
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97
Completing this amendment, along with the implementation of the other initial
measures detailed in the April 15th report, will assist in better utilization of parking
spaces adjacent to and within the Civic Center by patrons and employees of the Civic
Center.
Approximately 30 days after the second reading of this amendment, posting of the
specified preferential parking zones will occur. The proposed parking plan will be
monitored and if staff determines that additional measures are needed, staff will bring
recommendations back to Council for further measures and their anticipated benefits
and consequences.
To balance the inconvenience resulting from these measures, and to incentivize City
employees to walk to City Hall, it is recommended that six additional health wellness
hours be available to employees that commit to park away from the Civic Center (such
as on Pacifica Avenue). Attachment C is the draft resolution that will allow
participating employees up to 0.5 hours of health leave bank credit per month for
parking and walking to the Civic Center.
Fiscal Impact
The cost of signing and striping is incorporated into the annual operational budget of
Public Works staff and will be completed by City staff. Additional efforts of Code
Enforcement may cause less enforcement to occur elsewhere in the City but will not
result in additional fiscal impact. There is no direct monetary cost for offering a six-hour
health leave bank credit incentive. There is no additional fiscal impact for these
measures.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Chapter 11.27: Permit Parking Zone Ordinance – Clean Version
B - Chapter 11.27: Permit Parking Zone Ordinance – Redline Draft
C - Draft Resolution for Wellness Program Addition
2
98
Attachment A
ORDINANCE NO. 14-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTIONS 11.27.020, 11.27.050, and 11.27.145 OF CHAPTER 11.27
OF TITLE 11 THE CUPERTINO MUNICIPAL CODE
RELATING TO DESIGNATION OF PREFERENTIAL PARKING ZONES AROUND
THE CIVIC CENTER PLAZA
WHEREAS, on April 15, 2014, the City Council of the City of Cupertino found that the
designation of City employee parking in the area surrounding the Civic Center Plaza as
identified in the report to Council will not adversely affect parking conditions for
residents and merchants in the area; and
WHEREAS, this Ordinance was found to be categorically exempt from environmental
review per the provisions of the California Environmental Quality Act of 1970, as
amended, 14 California Code of Regulations, Section Regulations, Section 15061(b)(3);
and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the statement of exemption
determination under CEQA prior to taking any approval actions on this Ordinance; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.27.020 of Chapter 11.27 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
11.27.020 Definitions.
Whenever the following terms are used in this chapter, they shall be deemed and
construed to have the following meaning:
Council Agenda: May 6, 2014
Page: 1
99
Attachment A
A. “Commercial and industrial properties” means a business enterprise operated within
the permit parking zone.
B. “Designated groups” means members of organizations, professions, or other class of
individuals as determined by City Council that the use of the permits will not adversely
affect parking conditions for residents and merchants in the area.
C. “Guest of resident” means bona fide visitors to a residence located in the permit
parking zone.
D. “Motor vehicle” means and includes any device by which any person or property
may be propelled, moved or drawn upon a highway. For the purposes of this chapter, a
motor vehicle shall include licensed automobile, trucks as defined in Section 11.28.010G,
recreational vehicle, motorcycle or other motor-drawn or drawn form of transportation
weighing over fifty pounds.
E. “Resident” means the principal occupant of a single-family dwelling or of a legal
housing unit of a condominium or multiple family dwelling. The quarters occupied are
called a “residence” or a “household.”
SECTION 2. Section 11.27.050 of Chapter 11.27 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
11.27.050 Issuance of permits to residents and members of designated groups.
Residents and members of designated groups parking permits shall be issued by the
Director of Public Works. No more than one parking permit shall be issued to each
motor vehicle for which application is made. The Director of Public Works is authorized
to issue such rules and regulations, consistent with this chapter, governing the manner
in which residents shall qualify for parking permits.
SECTION 3. Section 11.27.145 of Chapter 11.27 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
11.27.145 Designation of Preferential Parking Zones
The following street areas are designated as preferential parking zones under this
chapter:
Council Agenda: May 6, 2014
Page: 2
100
Attachment A
Street Limits Special Hours
Ann Arbor
Court
Lauretta
Drive to
Christensen
Daily 7:00 a.m.-- 10:00 p.m.
August
Lane All M--F 9:00 a.m.-- 5:00 p.m.
Barbara
Lane East side M--F 8:00 a.m.-- 7:30 p.m.
Barbara
Lane
Scofield
Drive to
Pepper Tree
Lane
Sat 8:00 a.m.--4:00 p.m.
Bonny Drive Sola to
Scofield M--F 8:00 a.m.-- 7:30 p.m.
Bonny Drive
Scofield
Drive to
Shelly Drive
Sat 8:00 a.m.--4:00 p.m.
Byrne
Avenue
McClellan to
200 feet north M--F 8:00 a.m.-- 4:00 p.m.
Cedar Tree
Lane
Blaney to
Orange Tree
Lane
Sun 7:00 a.m.-- 12:00 p.m.
Cedar Tree
Court
Cedar Tree
Lane to end
of cul de sac
Sun 7:00 a.m.-- 12:00 p.m.
Christensen
Drive All Daily 7:00 a.m.-- 10:00 p.m.
Clearcreek
Court All F--Sun 6:00 p.m.-- 2:00 a.m.
Clearwood
Court All F--Sun 6:00 p.m.-- 2:00 a.m.
Dolores Byrne M--F 7:00 a.m.-- 4:00 p.m. while school is in
Council Agenda: May 6, 2014
Page: 3
101
Attachment A
Avenue Avenue to
200 feet west
of Orange
Avenue
session
Fairwoods
Court
South Stelling
Road to end Daily
Fenway
Court All Daily 7:00 a.m.-- 10:00 p.m.
Fort Baker
Drive
Presidio to
Hyannisport M--F 8:00 a.m.-- 3:30 p.m.
Hyannisport
Drive
Fort Baker to
Linda Vista
Drive
M--F 7:00 a.m.-- 4:00 p.m. while school is in
session
Imperial
Avenue
Alcazar
Avenue to
McClellan
Road
M--F 8:00 a.m.-- 3:30 p.m. while school is in
session
Lily Avenue All M--F 8:00 a.m.-- 7:30 p.m.
Lily Court All M--F 8:00 a.m.-- 7:30 p.m.
Madrid
Road
From
McClellan
Road to the
end
M--F 7:00 a.m.- -4:00 p.m.
McClellan
Road
East side, 430
feet west of
Byrne
Avenue to
Madrid Road
M--F 7:00 a.m.-- 4:00 p.m.
Merritt
Drive
Blaney to east
of Baywood
Court 100 feet
Sun 7:00 a.m.-- 12:00 p.m.
New Haven
Drive All M--F 8:00 a.m.-- 3:30 p.m.
Council Agenda: May 6, 2014
Page: 4
102
Attachment A
Noonan
Court All M--F 8:00 a.m.-- 4:00 p.m.
Old Town
Court All M--F 8:00 a.m.-- 3:30 p.m.
Orange
Avenue
East side
McClellan to
Noonan
Court
M--F 8:00 a.m.-- 4:00 p.m.
Orange
Avenue
West side
McClellan to
Dolores
M--F 8:00 a.m.-- 4:00 p.m.
Orange Tree
Lane
Cedar Tree
Lane south
175 feet
Sun 7:00 a.m.-- 12:00 p.m.
Pacifica
Avenue
Northside
from Torre
Avenue to a
point 460 feet
easterly
thereof
M-F 7:00 a.m. – 3:00 p.m., except Holidays
Peppertree
Lane All M--F 8:00 a.m.-- 7:30 p.m.
Peppertree
Lane
Stelling Road
to Sat 8:00 a.m.--4:00 p.m.
Phar Lap
Drive
Stevens
Creek Blvd.
to Clearcreek
Court
F--Su 6:00 p.m.-- 2:00 a.m.
Presidio
Drive
Fort Baker to
New Haven M--F 8:00 a.m.-- 3:30 p.m.
Presidio
Drive
Providence
Court to New
Haven Court
M--F 8:00 a.m.-- 3:30 p.m.
Council Agenda: May 6, 2014
Page: 5
103
Attachment A
Presidio
Drive
100 feet east
of New
Haven Court
to 100 feet
west of New
Haven Court
M--F 8:00 a.m.-- 3:30 p.m.
Rodrigues
Avenue
Southside
from Torre
Avenue to a
point 230 feet
easterly
thereof.
M-F 7:00 a.m. – 5:00 p.m., except Holidays
Rodrigues
Avenue
Southside
from a point
300 feet east
of Torre
Avenue to a
point 340 feet
easterly
thereof
Daily
Rodrigues
Avenue
Southside
from a point
340 east of
Torre Avenue
to a point 625
feet easterly
thereof
M-F 7:00 a.m. – 5:00 p.m., except Holidays
Rose
Blossom
McClellan to
Lily Way M--F 8:00 a.m.-- 7:30 p.m.
Santa Lucia
Road
Stevens
Canyon to
Merriman
Road
Daily
Scofield Barbara to M--F 8:00 a.m.-- 7:30 p.m.
Council Agenda: May 6, 2014
Page: 6
104
Attachment A
Drive Western
September
Court All M--F 9:00 a.m.-- 5:00 p.m.
September
Drive
McClellan to
200 feet south
of August
Lane
M--F 9:00 a.m.-- 5:00 p.m.
Shattuck
Drive All M--F 8:00 a.m. - 3:30 p.m. when school is in
session
Shelly Drive Bonny to
Westacres M--F 8:00 a.m.-- 7:30 p.m.
Stelling
Road
McClellan to
Erin Daily
Stevens
Canyon
Road
West side
Santa Lucia
north 200 feet
Daily
Torre
Avenue
Eastside from
Rodrigues
Avenue to a
point 265 feet
southerly
thereof
M-F 7:00 a.m. – 5:00 p.m., except Holidays
Tula Court All First Saturday of each month 8:00 a.m.--
12:00 p.m.
Tula Lane All First Saturday of each month 8:00 a.m.--
12:00 p.m.
Wilkinson
Ave
Hyannisport
to Columbus M--F 8:00 a.m.-- 3:30 p.m.
Section 4. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
Council Agenda: May 6, 2014
Page: 7
105
Attachment A
* * * * * * * *
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
15th day of April and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 6th of May 2014, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Gilbert Wong, Mayor
Council Agenda: May 6, 2014
Page: 8
106
Attachment B
Council Agenda: May 6, 2014
Page: 1
ORDINANCE NO. 14-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTIONS 11.27.020, 11.27.050, and 11.27.145 OF CHAPTER 11.27
OF TITLE 11 THE CUPERTINO MUNICIPAL CODE
RELATING TO DESIGNATION OF PREFERENTIAL PARKING ZONES AROUND
THE CIVIC CENTER PLAZA
WHEREAS, on April 15, 2014, the City Council of the City of Cupertino found that the
designation of City employee parking in the area surrounding the Civic Center Plaza as
identified in the report to Council will not adversely affect parking conditions for
residents and merchants in the area; and
WHEREAS, this Ordinance was found to be categorically exempt from environmental
review per the provisions of the California Environmental Quality Act of 1970, as
amended, 14 California Code of Regulations, Section Regulations, Section 15061(b)(3);
and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the statement of exemption
determination under CEQA prior to taking any approval actions on this Ordinance; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.27.020 of Chapter 11.27 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
11.27.020 Definitions.
Whenever the following terms are used in this chapter, they shall be deemed and
construed to have the following meaning:
107
Attachment B
Council Agenda: May 6, 2014
Page: 2
A. “Commercial and industrial properties” means a business enterprise operated within
the permit parking zone.
B. “Designated groups” means members of organizations, professions, or other class of
individuals as determined by City Council that the use of the permits will not adversely
affect parking conditions for residents and merchants in the area.
CB. “Guest of resident” means bona fide visitors to a residence located in the permit
parking zone.
DC. “Motor vehicle” means and includes any device by which any person or property
may be propelled, moved or drawn upon a highway. For the purposes of this chapter, a
motor vehicle shall include licensed automobile, trucks as defined in Section 11.28.010G,
recreational vehicle, motorcycle or other motor-drawn or drawn form of transportation
weighing over fifty pounds.
ED. “Resident” means the principal occupant of a single-family dwelling or of a legal
housing unit of a condominium or multiple family dwelling. The quarters occupied are
called a “residence” or a “household.”
SECTION 2. Section 11.27.050 of Chapter 11.27 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
11.27.050 Issuance of permits to residents and members of designated groups.
Residents and members of designated groupss’ parking permits shall be issued by the
Director of Public Works. No more than one parking permit shall be issued to each
motor vehicle for which application is made. The Director of Public Works is authorized
to issue such rules and regulations, consistent with this chapter, governing the manner
in which residents shall qualify for parking permits.
SECTION 3. Section 11.27.145 of Chapter 11.27 of Title 11 of the Cupertino Municipal
Code is hereby amended to read as follows:
11.27.145 Designation of Preferential Parking Zones
Formatted: Font: Palatino Linotype, 12 pt
Formatted: Font: Palatino Linotype, 12 pt
Formatted: Font: Palatino Linotype, 12 pt
Field Code Changed
108
Attachment B
Council Agenda: May 6, 2014
Page: 3
The following street areas are designated as preferential parking zones under this
chapter:
Street Limits Special Hours
Ann Arbor
Court
Lauretta
Drive to
Christensen
Daily 7:00 a.m.-- 10:00 p.m.
August
Lane All M--F 9:00 a.m.-- 5:00 p.m.
Barbara
Lane East side M--F 8:00 a.m.-- 7:30 p.m.
Barbara
Lane
Scofield
Drive to
Pepper Tree
Lane
Sat 8:00 a.m.--4:00 p.m.
Bonny Drive Sola to
Scofield M--F 8:00 a.m.-- 7:30 p.m.
Bonny Drive
Scofield
Drive to
Shelly Drive
Sat 8:00 a.m.--4:00 p.m.
Byrne
Avenue
McClellan to
200 feet north M--F 8:00 a.m.-- 4:00 p.m.
Cedar Tree
Lane
Blaney to
Orange Tree
Lane
Sun 7:00 a.m.-- 12:00 p.m.
Cedar Tree
Court
Cedar Tree
Lane to end
of cul de sac
Sun 7:00 a.m.-- 12:00 p.m.
Christensen
Drive All Daily 7:00 a.m.-- 10:00 p.m.
Clearcreek
Court All F--Sun 6:00 p.m.-- 2:00 a.m.
Clearwood All F--Sun 6:00 p.m.-- 2:00 a.m.
109
Attachment B
Council Agenda: May 6, 2014
Page: 4
Court
Dolores
Avenue
Byrne
Avenue to
200 feet west
of Orange
Avenue
M--F 7:00 a.m.-- 4:00 p.m. while school is in
session
Fairwoods
Court
South Stelling
Road to end Daily
Fenway
Court All Daily 7:00 a.m.-- 10:00 p.m.
Fort Baker
Drive
Presidio to
Hyannisport M--F 8:00 a.m.-- 3:30 p.m.
Hyannisport
Drive
Fort Baker to
Linda Vista
Drive
M--F 7:00 a.m.-- 4:00 p.m. while school is in
session
Imperial
Avenue
Alcazar
Avenue to
McClellan
Road
M--F 8:00 a.m.-- 3:30 p.m. while school is in
session
Lily Avenue All M--F 8:00 a.m.-- 7:30 p.m.
Lily Court All M--F 8:00 a.m.-- 7:30 p.m.
Madrid
Road
From
McClellan
Road to the
end
M--F 7:00 a.m.- -4:00 p.m.
McClellan
Road
East side, 430
feet west of
Byrne
Avenue to
Madrid Road
M--F 7:00 a.m.-- 4:00 p.m.
Merritt
Drive
Blaney to east
of Baywood
Court 100 feet
Sun 7:00 a.m.-- 12:00 p.m.
110
Attachment B
Council Agenda: May 6, 2014
Page: 5
New Haven
Drive All M--F 8:00 a.m.-- 3:30 p.m.
Noonan
Court All M--F 8:00 a.m.-- 4:00 p.m.
Old Town
Court All M--F 8:00 a.m.-- 3:30 p.m.
Orange
Avenue
East side
McClellan to
Noonan
Court
M--F 8:00 a.m.-- 4:00 p.m.
Orange
Avenue
West side
McClellan to
Dolores
M--F 8:00 a.m.-- 4:00 p.m.
Orange Tree
Lane
Cedar Tree
Lane south
175 feet
Sun 7:00 a.m.-- 12:00 p.m.
Pacifica
Avenue
Northside
from Torre
Avenue to a
point 460 feet
easterly
thereof
M-F 7:00 a.m. – 3:00 p.m., except Holidays
Peppertree
Lane All M--F 8:00 a.m.-- 7:30 p.m.
Peppertree
Lane
Stelling Road
to Sat 8:00 a.m.--4:00 p.m.
Phar Lap
Drive
Stevens
Creek Blvd.
to Clearcreek
Court
F--Su 6:00 p.m.-- 2:00 a.m.
Presidio
Drive
Fort Baker to
New Haven M--F 8:00 a.m.-- 3:30 p.m.
Presidio Providence M--F 8:00 a.m.-- 3:30 p.m.
111
Attachment B
Council Agenda: May 6, 2014
Page: 6
Drive Court to New
Haven Court
Presidio
Drive
100 feet east
of New
Haven Court
to 100 feet
west of New
Haven Court
M--F 8:00 a.m.-- 3:30 p.m.
Rodrigues
Avenue
Southside
from Torre
Avenue to a
point 230 feet
easterly
thereof.
M-F 7:00 a.m. – 5:00 p.m., except Holidays
Rodrigues
Avenue
Southside
from a point
300 feet east
of Torre
Avenue to a
point 340 feet
easterly
thereof
Daily
Rodrigues
Avenue
Southside
from a point
340 east of
Torre Avenue
to a point 625
feet easterly
thereof
M-F 7:00 a.m. – 5:00 p.m., except Holidays
Rose
Blossom
McClellan to
Lily Way M--F 8:00 a.m.-- 7:30 p.m.
Santa Lucia
Road
Stevens
Canyon to
Merriman
Road
Daily
112
Attachment B
Council Agenda: May 6, 2014
Page: 7
Scofield
Drive
Barbara to
Western M--F 8:00 a.m.-- 7:30 p.m.
September
Court All M--F 9:00 a.m.-- 5:00 p.m.
September
Drive
McClellan to
200 feet south
of August
Lane
M--F 9:00 a.m.-- 5:00 p.m.
Shattuck
Drive All M--F 8:00 a.m. - 3:30 p.m. when school is in
session
Shelly Drive Bonny to
Westacres M--F 8:00 a.m.-- 7:30 p.m.
Stelling
Road
McClellan to
Erin Daily
Stevens
Canyon
Road
West side
Santa Lucia
north 200 feet
Daily
Torre
Avenue
Eastside from
Rodrigues
Avenue to a
point 265 feet
southerly
thereof
M-F 7:00 a.m. – 5:00 p.m., except Holidays
Tula Court All First Saturday of each month 8:00 a.m.--
12:00 p.m.
Tula Lane All First Saturday of each month 8:00 a.m.--
12:00 p.m.
Wilkinson
Ave
Hyannisport
to Columbus M--F 8:00 a.m.-- 3:30 p.m.
113
Attachment B
Council Agenda: May 6, 2014
Page: 8
Section 4. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
* * * * * * * *
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
15th___ day of April____ and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 6th of _______May 2014, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Gilbert Wong, Mayor
114
RESOLUTION NO. 14-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING PARTICIPATING EMPLOYEES UP TO 0.5 HOURS OF HEALTH
LEAVE BANK CREDIT PER MONTH FOR PARKING AND WALKING FROM
AREAS AWAY FROM THE CIVIC CENTER
WHEREAS, the adverse parking conditions within and abutting the Civic
Center are severe; and
WHEREAS, one of the temporary measures to incent City employees to park
on Pacifica Avenue or other locations some distance from City Hall is necessary to
improve parking conditions for patrons and employees; and
WHEREAS, there is a health benefit derived by employees who walk and
therefore a benefit to the City in employee wellness.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino approves the amendment to the Employee Wellness Program to include 0.5
hours of health leave bank credit per month for parking and walking from areas away
from the Civic Center.
PASSED AND ADOPTED by the City Council of the City of Cupertino, this
6th day of May, 2014, by the following vote:
Vote: Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cupertino
ATTACHMENT C
1
115
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject
Annual Report on the Pavement Management Program.
Recommended Action
Review the report. No action is required.
Discussion
At a current estimated replacement value of $330 million, the street network is one of
the City’s largest valued assets. From FY08/09, through last fiscal year, the annual
pavement budget to maintain this asset (including state, federal and general fund
contributions) has averaged $2.45 million. At this average funding level, the condition
of the street network deteriorated and the amount of deferred maintenance increased.
For the current fiscal year, due largely to greater contributions from the general fund,
$3.98 million has been allocated to street improvements. Approximately $2 million of
this amount has been completed to date, with the remaining amount of funds scheduled
for allocation over two projects that will be completed this summer. These two
upcoming projects include the 2013 Pavement Maintenance Project – Phase II and the
2013 STP Overlay Project. The phase II project had a bid opening date of April 7th, while
the overlay project has a bid opening date scheduled for May 12th.
The goal of the increased funding was to prevent further deterioration of the street
network and the resulting much more expensive future restoration costs. Improvements
completed to date have achieved this goal. The total network pavement condition index
(PCI) is holding stable at a value of 64. The PCI of both the arterial and residential
streets have increased to 78 and 60 as compared to their prior 2013 values of 77 and 59.
With the other projects in the queue, the PCI for arterial and collector streets will both
increase from their current values. Figure 1 shows network PCI and individual PCI
values for arterial, collector and residential streets for the last six years.
1
116
Figure 1
59 60
69
64 64
77 787476
697171
50
55
60
65
70
75
80
85
90
95
100
2009 2010 2011 2012 2013 2014Pavement Condition IndexArterial
Collector
Residential
Network PCI
Table 1 below shows the source of funding and amounts expended for street
improvements over the last six years.
Table 1
FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14
Gas Tax $1,250,000 $1,543,000 $1,700,000
Vehicle
Registration Fees
$329,000 $30,000
Surface
Transportation
Program
$500,000
General Fund $420,000 $750,000 $750,000 $1,122,000 1,271,000
Proposition 1B $890,000 $800,000
Proposition 42 $530,000 $500,000
ARRA $800,000
Adjustment due
to carryover /
ending balance
$1,989,345
$359,323 $764 $334,387 $90,530
OBAG $735,000
CalRecycle Grant $249,000
TOTAL $3,829,345 $1,690,676 $1,550,764 $1,584,387 $3,584,530 $3,985,000
2
117
Budget Scenarios
The StreetSaver program provided by the Metropolitan Transportation Commission,
and utilized by our staff, provides the ability to run various budget scenarios. Each of
the four scenarios detailed below provide useful “what if” information on expected PCI
and deferred maintenance values that may occur at varying levels of funding.
Scenario 1 Unconstrained Budget
This scenario effectively reduces the current deferred maintenance amount of $35.6
million down to a minimum amount of $1.5 million over the next five years. This low
deferred maintenance amount means that timely preventative maintenance has
occurred. The required annual funding to achieve this scenario and the resulting PCI is
as follows:
• $17.6 million annual funding for the next five years
• PCI value of 83 by year five (2019)
Scenario 2 Increasing PCI (PCI 75 by 2019)
This scenario decreases the current deferred maintenance amount of $35.6 million down
to $33.9 million over the next five years. The required annual funding to achieve this
scenario and the resulting PCI is as follows:
• $11.5 million annual funding for the next five years
• PCI value of 75 by year five (2019)
Scenario 3 Increasing PCI (PCI 70 by 2019) - Recommended
This scenario results in an increase of the current deferred maintenance amount of $35.6
million up to $49.8 million over the next five years. The required annual funding to
achieve this scenario and the resulting PCI is as follows:
• $7.5 million annual funding for the next five years
• PCI value of 70 by year five (2019)
Scenario 4 Current Budget Level ($4 Million Annually - Maintains Current PCI)
This scenario provides for less timely preventative maintenance as Scenario 3 and
consequently causes the current deferred maintenance amount of $35.6 million to
increase to $59.4 million over the next five years. The required annual funding to
achieve this scenario and the resulting PCI is as follows:
• $4 million annual funding for the next five years
• PCI value of 64 by year five (2019)
2014/15 Pavement Management Project
A $7.5 million funding request will be made for next fiscal year’s pavement program.
This request will be based upon funding sources that include:
• $1,700,000 Gas tax revenues
3
118
• $30,000 Vehicle Registration Fees
• $5,770,000 General Fund
Funding at this level is described in Scenario 3 and will result in a street network PCI of
70 by 2019. This recommended level of funding, if approved in the FY14/15 budget, will
strike a good balance of steadily improving the condition of the street network while
also providing improved management of the amount of deferred maintenance.
A street-by-street listing of the proposed 2014/15 Pavement Management Project is
included in Attachment A and will be available for residents to view online upon
budget adoption, as will the current PCI values for all streets. Streets completed or
scheduled to be completed by the FY13/14 project are included as Attachment B.
Note that the street listing in Attachment A will be modified as assessment of street
continues, as dollar amounts are confirmed through competitive bid and coordination
occurs with underground utilities or as unforeseen conditions arise.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Proposed Pavement Projects FY14/15
B – Completed / Scheduled Pavement Projects FY13/14
4
119
Attachment A
City of Cupertino ‐ FY 14‐15 Pavement Maintenance Program
PHASE 1
Street Name From To Type of Work
Alcalde Rd Foothill Blvd Avienda Ln Asphalt Leveling
Antoinette Dr Clay St Clifden Way Overlay
Aster Ln Waterford Way Barnhart Pl Overlay
Banhart Dr Aster Ln 7589 Barnhart approx. Overlay
Barnhart Ave Moretti Dr Sterling Blvd Overlay
Belknap Dr Elmsford Dr Yorkshire Dr Overlay
Carnoustie Ct Deep Cliff Dr End Overlay
Carriage Cr Stelling Rd End Overlay
Catalina Ct Terrace Dr End Overlay
Craig Ct Paradise End Overlay
Elmsford Ct Elmsford Dr End Overlay
Elmsford Dr Belknap Dr End Overlay
Folkestone Dr Bubb Rd Yorkshire Dr Overlay
Huntridge Ln Stelling Rd Rose Blossom Dr Overlay
La Jolla Ct Terrace Dr End Overlay
Lebanon Av Lockwood Ave Stevens Creek Blvd Overlay
Lilac Ct Rose Blossom Dr End Overlay
Lilac Wy Stelling Rd Rose Blossom Dr Overlay
Lily Ave Rose Blossom Dr Rose Blossom Dr Overlay
Lily Ct Lily Ave End Overlay
Lynton Ct Farallone Dr End Overlay
Merriman Rd Alcalde Rd San Lucia Rd Asphalt Leveling
Meyerholz Ct Stokes Ave End Overlay
Micheal Ct Clifden Dr End Overlay
Mira Vista Rd Janice Ave Palm Ave Overlay
Monterey Ct Terrace Dr End Overlay
Nancy Ct Paradise Dr End Overlay
Nobel Fir Ct Stelling Rd End Overlay
Pacifica De Anza Blvd Farallone Dr Overlay
Palo Vista Rd Janice Ave Palm Ave Overlay
Palos Verdes Ct Terrace Dr End Overlay
Rainbow Ct Rainbow Dr End Overlay
Red Fir Ct Nobel Fir End Overlay
Redondo Ct Terrace Ave End Overlay
Rollingdell Dr 200' w/o De Anza Annette Overlay
Rose Blossom Dr McClellan Rd Huntridge Ln Overlay
Rosemarie Pl Miller Ace End Overlay
Sage Ct Lilac Way End Overlay
Santa Lucia Rd Stevens Canyon Rd Cordova/Alcalde Asphalt Leveling
Sola St Tula Ln Bonny Dr Overlay
Stelling Rd Apt. Ent. Homestead Rd. Overlay
Stevens Canyon Rd Park Ent. New Pvmnt. Overlay
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Attachment A
City of Cupertino ‐ FY 14‐15 Pavement Maintenance Program
PHASE 1
Street Name From To Type of Work
Tonita Wy Cheryl Dr Shelly Dr Overlay
Via Camino Ct Ainsworth Dr End Overlay
Westacres McClellan Rd End Overlay
White Fir Nobel Fir End Overlay
WillowGrove Ln Ferngrove Dr Hyde Ave Overlay
Wilson Ct Stokes Ave End Overlay
PHASE 2
Street Name From To Type of Work
Bolinger Rd Blaney Ave De Anza Blvd Overlay
De Anza Blvd Stevens Creek Blvd North City Limit RHMA Overlay
Stevens Creek Blvd De Anza Blvd Wolfe Rd RHMA Overlay
PHASE 3
Street Name From To Type of Work
Merriman Rd. Alcalde Rd Santa Lucia Rd Chip Seal
Miller Ave Stevens Creek Blvd Bollinger Rd. Rubber Chip Seal
Orange Ave North traffic Block South to McClellan Rd Chip Seal
Santa Lucia Rd Stevens Canyon Rd Cordova/Alcalde Chip Seal
Stelling Rd Stevens Creek Blvd Hwy. 85 Rubber Chip Seal
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ATTACHMENT B
City of Cupertino ‐ FY 13‐14 Pavement Maintenance Program
PHASE 1
STREET NAME FROM TO TREATMENT
Ainsworth Dr Hartman Dr End Overlay
Alderbrook Ln Bollinger Rd End Overlay
Alderbrook Wy Alderbrook Ln End Overlay
Anson Ave Milford Dr Rumford Dr Overlay
Baywood Ct Merritt Dr End Overlay
Baywood Dr Merritt Dr Pear Tree Ln Overlay
Bel Aire Ct Columbus Ave End Overlay
Betlin Ave John Dr Clifford Dr Overlay
Blaney Ave Bollinger Rd Stevens Creek Blvd Isolated Digouts
Cypress Ct Cypress Dr End 4" Mill & Fill
Cypress Dr Merritt Dr End Overlay
De Anza Blvd Homestead Rd Bollinger Rd Crackseal
Deodara Dr Merritt Dr End Overlay
Esquire Pl Meteor Dr End Overlay
Greenleaf Dr Flora Vista Ave Stelling Rd Overlay
Homestead Rd Los Altos City Limit Bernardo Ave Isolated Digouts
Imperial Ave 10290 Imperial Ave S End Leveling Course
Lubec St Anson Ave End Overlay
Meteor Pl Meteor Dr End Overlay
Milford Dr Castine Ave Anson Way Overlay
NdCt StD Ed OlNormandy Ct Somerset Dr End Overlay
Olive Ave Imperial Ave Orange Ave Leveling Course
Orange Ave Mcclellan Rd Leveling Course
Pasadena Ave Granada Ave Olive Ave Leveling Course
Rainbow Dr Bubb Rd Stelling Rd Isolated Digouts
Rucker Dr Santa Teresa Dr Dryden Ave Overlay
S Portal Ave Stevens Creek Blvd Wintergreen Dr 4" Mill & Fill
San Fernando Ct San Fernando Ave End Overlay
Somerset Ct Somerset Dr End Overlay
Somerset Dr Farallone Dr Blaney Overlay
Stelling Rd 280 Bridge Deck 450' N Of Bridge 4" Mill & Fill
Stelling Rd Alves Dr Greenleaf Dr Isolated Digouts
Stevens Creek Blvd De Anza Blvd E City Limit Crackseal
Varian Way Ainsworth Dr Overlay
Vicksburg Ct Vicksburg Dr End Overlay
Vicksburg Dr Miller Ave East Estates Dr Overlay
Walnut Cir Foothill Blvd Foothill Blvd Overlay
Willowbrook Way Lindenbrook End Overlay
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ATTACHMENT B
PHASE 2
STREET NAME FROM TO TREATMENT
Blaney Ave (N) Forest Ave Stevens Creek Blvd Rubberized Chip
Blaney Ave (S) Stevens Creek Blvd Bollinger Rd Rubberized Chip
Canyon Oak Way E Of Crist Rey 21111 Canyon Oak Way Slurry Seal
Homestead Rd Foothill Blvd Bernardo Ave Rubberized Chip
Imperial Ave Chip Seal
Oak Valley Rd 23505 Oak Valley Rd Sycamore Ct Slurry Seal
Olive Ave Chip Seal
Pasadena Ave Chip Seal
Regnart Rd Chip Seal
Sycamore Ct Oak Valley Rd End Slurry Seal
2013 STP OVERLAY PROJECT
STREET NAME FROM TO TREATMENT
Stevens Creek Blvd SR‐85 De Anza Blvd
Rubberized Asphalt
Overlay
123
CITY COUNCIL STAFF REPORT
Meeting: May 6, 2014
Subject: Public Works Construction Project Updates.
NO WRITTEN MATERIALS IN PACKET
124