06-16-15 Searchable packet AmendedCITY OF CUPERTINO
AGENDA
Tuesday, June 16, 2015
10300 and 10350 Torre Avenue
CITY COUNCIL
5:30 PM
AMENDED Special Meeting Followed by Regular Meeting
Amended on 6/11/15 at 4:35 p.m. to add new Regular Meeting Item No. 15a.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, June 16, 2015, commencing at 5:30 p.m. in
City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said
special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, “Special Meeting." The regular meeting
items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre
Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 5:30 PM
City Hall Conference Room A, 10300 Torre Avenue
CLOSED SESSION
1.Subject: Conference with Legal Counsel-Anticipated Litigation: Significant
exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code
Section 54956.9. One case
2.Subject: Conference with Legal Counsel-Anticipated Litigation: Initiation of
litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section
54956.9. One case
3.Subject: Conference with Real Property Negotiators pursuant to Gov't Code
Section 54956.8. Property: Cupertino Municipal Water System. Agency
negotiator: Timm Borden. Negotiating parties: City of Cupertino and San Jose
Water Company. Under negotiation: Terms for City Leased Asset
Page 1 CITY OF CUPERTINO
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June 16, 2015City Council AGENDA
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall Council Chamber, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: a. Presentation to winners of the "Find the AED Contest" sponsored by
Santa Clara County Fire Department in collaboration with the City of Cupertino,
El Camino Hospital, and The PulsePoint Foundation; and b. Proclamation to
Walter Huber who responded to the PulsePoint alert and saved a life
Recommended Action: Make presentation and present proclamation
2.Subject: Presentation by Hsinchu Sister City Committee regarding recent trip
Recommended Action: Receive presentation
POSTPONEMENTS
3.Subject: General Plan and Housing Element Update fee that was originally
noticed for June 2 and continued for tonight's agenda will be re-noticed to a future
date
Recommended Action: No formal Council action needed
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 May 26 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
Page 2 CITY OF CUPERTINO
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June 16, 2015City Council AGENDA
5.Subject: Approve the June 2 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
6.Subject: Resignation of Teen Commissioner Michaela Murphy and appointment
from pool of applicants interviewed May 26 to fill the vacancy
Recommended Action: Accept resignation of Teen Commissioner Michaela Murphy
and appoint designated alternate member Pranav Jandhyala to fill partial one-year
term vacancy ending June 2016
Staff Report
A - Michaela Murphy resignation email
7.Subject: Accept Accounts Payable for the period ending May 22, 2015
Recommended Action: Adopt Resolution No. 15-051 accepting Accounts Payable
for the period ending May 22, 2015
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for the period ending May 29, 2015
Recommended Action: Adopt Resolution No. 15-052 accepting Accounts Payable
for the period ending May 29, 2015
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for the period ending June 5, 2015
Recommended Action: Adopt Resolution No. 15-053 accepting Accounts Payable
for the period ending June 5, 2015
A - Draft Resolution
B - AP Report
10.Subject: Approval of consultant services for environmental review for a Specific
Plan and project in the Vallco Shopping District Planning Area.
Recommended Action: Staff recommends that the City Council approve the
following:
1. Authorize the City Manager to negotiate and execute a consultant agreement with
David J. Powers and Associates, Inc. to provide services to the City that will result in
the preparation of an Environmental Impact Reports (EIR) for the Council’s
consideration, for an amount not to exceed $754,305 (Attachment A)
2. Authorize the City Manager to approve Contract Change Orders (CCO) for Item 1
above to the extent that total expenditures do not exceed the total amount of the
project budget
Page 3 CITY OF CUPERTINO
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June 16, 2015City Council AGENDA
Staff Report
A. Scope of Work
B. Letter from Reed Moulds, Managing Director, SHPCo dated June 4, 2015
11.Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park
Place Restaurant & Bar, 10050 S De Anza Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Cypress Hotel & Park
Place Restaurant & Bar, 10050 S De Anza Boulevard
Staff Report
A - Application
12.Subject: Application for Alcoholic Beverage License for Apple Green Bistro,
10885 N Wolfe Road
Recommended Action: Application for Alcoholic Beverage License for Apple
Green Bistro, 10885 N Wolfe Road
Staff Report
A - Application
13.Subject: Contractual Janitorial Services, Project No. 2015-23.
Recommended Action: 1. Award contract for Janitorial Services, Project No.
2015-23, to IMPEC Group, Inc. in the amount of $592,308.76;
2. Authorize the City Manager to negotiate and execute an agreement with the
County of Santa Clara to reimburse City for annual costs of $22,422.40 for
additional janitorial services at the Library; and
3. Adopt Resolution No. 15-054 amending approved FY 15/16 Operating Budget by
an additional amount of $181,000 for janitorial services
Staff Report
A - Draft Contract for Janitorial Services
B - Draft Resolution to amend FY 15/16 Operating Budget
14.Subject: Approve a semi-rural designation eliminating the requirement for
sidewalks on Tulita Court
Recommended Action: Adopt Resolution No. 15-055 designating Tulia Court as
semi-rural
Staff Report
A - Site Map
B - Draft Resolution
15.Subject: 2015 Pavement Maintenance Project - Phase 2, Project No. 2015-24
Recommended Action: Authorize the City Manager to award a contract to VSS
International, Inc., in the amount of $714,000 and approve a construction
contingency of $71,400, for a total of $785,400
Page 4 CITY OF CUPERTINO
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June 16, 2015City Council AGENDA
Staff Report
A - List of Streets to Receive Pavement Maintenance Treatment
B - Draft Contract
15a.Subject: Execute the First Amendment to the Agreement between City of
Cupertino and Professional Turf Management, Inc. for Blackberry Farm Golf
Course Maintenance
Recommended Action: Authorize the City Manager to execute the First Amendment
to the Agreement between City of Cupertino and Professional Turf Management, Inc.
for Blackberry Farm Golf Course Maintenance
Staff Report
A - First Amendment
B - Existing Agreement
SECOND READING OF ORDINANCES
16.Subject: An ordinance amending Chapter 15.32 related to water conservation;
adoption of a resolution with 2015-2016 regulations restricting water use; and
adoption of a resolution amending FY 15/16 Operating Budget and authorizing
execution of a Memorandum of Understanding (MOU) with the District for a
landscape conversion rebate program
Recommended Action: 1. Conduct the second reading and enact Ordinance No.
15-2131: "An Ordinance of the City of Cupertino amending Chapter 15.32 of Title
15 of the Cupertino Municipal Code relating to water conservation, prohibited uses
of water, and regulations for water conservation;”
2. Adopt Resolution No. 15-056 with 2015-2016 regulations restricting water use;
and
3. Adopt Resolution No. 15-057 amending approved FY 15/16 Operating Budget
and authorizing the City Manager to execute a Memorandum of Understanding
(MOU) with the District in an amount up to $75,000 for a landscape conversion
rebate program
Staff Report
A - Chapter 15.32 Clean Version of Draft Ordinance
B - Chapter 15.32 Red-Lined Version of Draft Ordinance
C - Draft Resolution with 2015-16 Regulations Restricting Water Use
D - Draft Resolution Memorandum of Understanding with the Santa Clara Valley Water District for a Landscape Rebate Program and amendment of FY 15/16 Operating Budget
E - District Graywater Laundry to Landscape & Landscape Conversion Rebate Program
PUBLIC HEARINGS
17.Subject: General Plan and Housing Element Update fee that was originally
noticed for June 2 and continued for tonight's agenda will be re-noticed to a future
date
Page 5 CITY OF CUPERTINO
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June 16, 2015City Council AGENDA
Recommended Action: No formal Council action needed
ORDINANCES AND ACTION ITEMS
18.Subject: Designation of voting delegate and alternates for League of California
Cities Annual Conference, September 30 - October 2, San Jose
Recommended Action: Designate a voting delegate and up to two alternates
Staff Report
A - Conference Information
REPORTS BY COUNCIL AND STAFF
19.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 6 CITY OF CUPERTINO
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June 16, 2015City Council AGENDA
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), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during 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.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
Page 7 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0903 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:5/26/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Conference with Legal Counsel-Anticipated Litigation: Significant exposure to litigation
pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9. One case
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:ConferencewithLegalCounsel-AnticipatedLitigation:Significantexposureto
litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9. One case
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0905 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:5/26/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation pursuant to
paragraph (4) of subdivision (d) of Gov't Code Section 54956.9. One case
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:ConferencewithLegalCounsel-AnticipatedLitigation:Initiationoflitigation
pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9. One case
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0906 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:5/26/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Conference with Real Property Negotiators pursuant to Gov't Code Section 54956.8.
Property: Cupertino Municipal Water System. Agency negotiator: Timm Borden. Negotiating parties:
City of Cupertino and San Jose Water Company. Under negotiation: Terms for City Leased Asset
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:ConferencewithRealPropertyNegotiatorspursuanttoGov'tCodeSection54956.8.
Property:CupertinoMunicipalWaterSystem.Agencynegotiator:TimmBorden.Negotiating
parties:CityofCupertinoandSanJoseWaterCompany.Undernegotiation:TermsforCity
Leased Asset
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0919 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/1/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: a. Presentation to winners of the "Find the AED Contest" sponsored by Santa Clara County
Fire Department in collaboration with the City of Cupertino, El Camino Hospital, and The PulsePoint
Foundation; and b. Proclamation to Walter Huber who responded to the PulsePoint alert and saved a
life
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: a. Presentation to winners of the "Find the AED Contest" sponsored by Santa Clara
County Fire Department in collaboration with the City of Cupertino, El Camino Hospital, and
The PulsePoint Foundation; and b. Proclamation to Walter Huber who responded to the
PulsePoint alert and saved a life
Make presentation and present proclamation
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0932 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/9/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Presentation by Hsinchu Sister City Committee regarding recent trip
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: Presentation by Hsinchu Sister City Committee regarding recent trip
Receive presentation
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0934 Name:
Status:Type:Postponements Agenda Ready
File created:In control:6/9/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: General Plan and Housing Element Update fee that was originally noticed for June 2 and
continued for tonight's agenda will be re-noticed to a future date
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:GeneralPlanandHousingElementUpdatefeethatwasoriginallynoticedforJune2
and continued for tonight's agenda will be re-noticed to a future date
No formal Council action needed
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0702 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:2/18/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Approve the May 26 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: Approve the May 26 City Council minutes
Approve the minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 26, 2015
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 3:35 p.m. Vice Mayor Rod Sinks called the meeting to order in City Hall Conference
Room A, 10300 Torre Avenue, Cupertino, California.
Present: Mayor Rod Sinks, Vice Mayor Barry Chang (3:38), and Council members
Darcy Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None. Chang left the
meeting at 6:00 p.m.
COMMISSION INTERVIEWS
1. Subject: Teen Commission interviews
Recommended Action: Conduct interviews and make appointments for six
vacancies on the Teen Commission
The City Council interviewed 37 applicants from grades eight through twelve and
appointed the following for 2015-2017, 2-year terms ending 2017:
Grace Huang
Ankita Sahni
Meesha Reiisieh
Steve Yang
Anooj Vadodkar
Rishit Gundu
Council also selected Pranav Jandhyala as an alternate.
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ORAL COMMUNICATIONS - None
ADJOURNMENT
At 8:00 p.m. Mayor Sinks adjourned the meeting to Tuesday, June 2 at 3:00 p.m. for a
study session followed by a regular meeting, Community Hall Council Chamber, 10350
Torre Avenue.
________________________
Kirsten Squarcia, Deputy City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk’s Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse
Channel 99 and are available at your convenience at www.cupertino.org. Click on
Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the
Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
16
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0594 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/12/2014 City Council
On agenda:Final action:6/16/2015
Title:Subject: Approve the June 2 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: Approve the June 2 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 2, 2015
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 3:05 p.m. Mayor Rod Sinks called the Special City Council meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul
Savita Vaidhyanathan, and Gilbert Wong. Absent: None.
STUDY SESSION
1. Subject: Study Session on Santa Clara County Potential Transportation Tax Measure
for 2016 - Envision Silicon Valley
Recommended Action: Receive staff presentation and provide direction on
transportation projects to advocate for inclusion in potential 2016 tax measure
Written communications for this item included an email to Council, a PowerPoint
presentation from one of the speakers, and a staff PowerPoint presentation.
Director of Public Works Timm Borden reviewed the staff report via a PowerPoint
presentation and introduced the speakers who would be presenting.
Hon. Rod Diridon, Sr., Emeritus Executive Director for Mineta Transportation
Institute talked about the history of transportation in the Valley and ideas for the
future.
Nuria Fernandez, General Manager/CEO for Valley Transportation Authority talked
about the goals and process of Envision Silicon Valley.
Carl Guardino, CEO for Silicon Valley Leadership Group talked about past
transportation measure successes and the potential 2016 Initiative.
The speakers answered questions from Council.
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City Council Minutes June 2, 2015
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Jeffrey Tumlin, Principal and Director of Strategy for Nelson Nygaard talked about
leading ideas on transportation planning via a PowerPoint presentation. He
answered questions from Council.
Mayor Sinks opened the public testimony and the following individuals spoke on
this topic:
Mary Robertson
Jennifer Griffin
Kevin McElroy on behalf of Foothill-De Anza College District
Randy Shingai
Cathy Helgerson – she distributed her comments for the record
Cheriel Jensen
Council agreed to give Mayor Sinks the authority to continue to work with the Foothill-
De Anza Community College District and other cities along highway 85 on a down
payment for a future transportation solution as part of a ballot measure. Comments and
direction provided by Council members included:
Collaborate with Foothill-De Anza College District for Transit Center with help from
State and County for regional solution
Highway 280/85 interchange plan
Community shuttles for students, seniors, working public
Open to all options for mass transportation on highway 85
Need grass roots support from citizens
Study idea of single direction traffic on highway 85 at certain times of day
Agree with Diridon for complete study but for now stay with T2010 plan until study
done
Saratoga/Los Gatos noise reduction for highway 85
High speed rail option
More outreach to Cupertino community
Support full systems review suggested by Diridon
Work on better pathways along streets (trails) that are separate from car traffic
Liked light rail vision but wants most effective solution
Get transit system we need rather than following a specific model
Need walkable and bikeable areas
Need incentives to get people into mass transit (not all negative)
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City Council Minutes June 2, 2015
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ADJOURNMENT
At 6:27 p.m. Mayor Sinks adjourned the Special City Council meeting to the Regular City
Council meeting beginning at 6:45 p.m.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul,
Savita Vaidhyanathan, and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATION
1. Subject: Present proclamation recognizing June 2015 as Immigrant Heritage Month
Recommended Action: Present proclamation
Mayor Sinks presented the proclamation to Silicon Valley Regional Organizer for
FWD.us Katie Aragon and David Alvarez.
POSTPONEMENTS
2. Subject: General Plan and Housing Element Update fee
Recommended Action: Continue this item to June 16
Wong moved and Chang seconded to continue the General Plan and Housing Element
Update fee to June 16. The motion carried unanimously.
3. Subject: Brush abatement for public nuisance and potential fire hazard, item
number 16
Recommended Action: Remove this item from the agenda since no parcels are on
the list
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City Council Minutes June 2, 2015
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Wong moved and Chang seconded to remove this item from the agenda since no
parcels are on the list. The motion carried unanimously.
ORAL COMMUNICATIONS
Peggy Griffin talked about the Specific Plan areas in the 2040 Community Vision General
Plan (GP).
Brooke Ezzat talked about heights and setbacks in the Specific Plan areas in the 2040
Community Vision GP vs. the 2000-2020 GP.
Lisa Warren talked about the upcoming redline version of the General Plan Amendment
changes.
Liang-Fang Chao talked about the Community Vision 2040 GP. She distributed her
comments for the record.
Naomi Nakano-Matsumoto talked about West Valley Community Services and noted
that she would be leaving the agency for another position.
Steve Scharf talked about the Nextdoor social media site in Cupertino.
Ruth Littmann Ashkenazi proposed Council meetings include a Q&A dialogue between
Council and community members.
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent
Calendar as presented with the exception of item number 11 which was pulled for
discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain:
None. Absent: None.
4. Subject: Approve the May 12 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve the May 19 City Council minutes
Recommended Action: Approve the minutes
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City Council Minutes June 2, 2015
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6. Subject: Accept Accounts Payable for period ending April 17, 2015.
Recommended Action: Adopt Resolution No. 15-043 accepting Accounts Payable
for the period ending April 17, 2015.
7. Subject: Accept Accounts Payable for period ending April 24, 2015
Recommended Action: Adopt Resolution No. 15-044 accepting Accounts Payable
for the period ending April 24, 2015
8. Subject: Accept Accounts Payable for period ending May 1, 2015
Recommended Action: Adopt Resolution No. 15-045 accepting Accounts Payable
for the period ending May 1, 2015
9. Subject: Accept Accounts Payable for period ending May 8, 2015
Recommended Action: Adopt Resolution No. 15-046 accepting Accounts Payable
for the period ending May 8, 2015
10. Subject: Accept Accounts Payable for the period ending May 15, 2015
Recommended Action: Adopt Resolution No. 15-047 accepting Accounts Payable
for the period ending May 15, 2015
11. Subject: Request from Mrs. Marcia Alicea to sponsor a bench in memory of her
mother, Mrs. Virginia Logan at Memorial Park adjacent to the Cupertino Senior
Center.
Recommended Action: Accept a bench with a special plaque in memory of Virginia
Logan from her daughter, Mrs. Marcia Alicea
Written communications for this item included a letter to City Manager David
Brandt from Mrs. Marcia Alicea.
Wong moved and Vaidhyanathan seconded to accept a bench with a special plaque
in memory of Virginia Logan from her daughter, Mrs. Marcia Alicea. The motion
carried unanimously.
12. Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program
and Chess Instruction for the period of August 1, 2015 - June 30, 2016
Recommended Action: Authorize the City Manager to execute a contract with Dan
Gertmenian for the Math Olympiad program and Chess Instruction for the one-
year period of August 1, 2015 -June 30, 2016
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City Council Minutes June 2, 2015
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13. Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place
Restaurant & Bar, 10050 South De Anza Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Cypress Hotel & Park
Place Restaurant & Bar, 10050 South De Anza Boulevard
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
14. Subject: Public hearing to consider the Capital Improvement Plan (CIP), including a
Negative Declaration pursuant to the California Environmental Quality Act; and a
finding of General Plan conformance; and the Recommended Budget for Fiscal Year
2015-16; and the Adoption of the Recommended Budget; and Establishment of the
Appropriation Limit, and related actions
Recommended Action:
a. Adopt negative declaration EA-2015-01 for the Capital Improvement Plan (CIP)
projects described in the FY 2015-16 Recommended Budget
b. Adopt Resolution No. 15-048 establishing a special project budget for the
Planning and Community Development - Current Planning Construction Plan
Check, Code Enforcement and Public Works Inspection Services Programs for costs
related to Apple Pass Thru Revenues for Fiscal Year 2015-16
c. Adopt Resolution No. 15-049 establishing an Operating Budget and Capital
Budget for Fiscal Year 2015-16
d. Approve the reallocation of $151,920 in funds originally requested for full time
staffing in the Administration - City Attorney’s program to the contracts
e. Approve additional appropriation of $6 million dollars for Public Works-Street
Pavement Maintenance and the additional appropriation of $3 million dollars in
transfers out for both the General Fund Capital Reserve to fund the Street
Pavement Maintenance costs
f. Approve additional allocation of $60,000 for the Administration-City Attorney
budget for contract legal costs related to State Route 85
g. Adopt Resolution No. 15-050 establishing an Appropriation Limit for Fiscal Year
2015-16
Written communications for this item included emails to Council, a PowerPoint
presentation from the Cupertino Historical Society and a staff PowerPoint
presentation.
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City Council Minutes June 2, 2015
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Director of Administrative Services Kristina Alfaro and Finance Manager Lisa
Taitano reviewed the staff report via a PowerPoint presentation.
Mayor Sinks left the dais at 7:42 p.m. during the presentation of the Apple Campus
2 Pass Thru Revenues slide due to a conflict of interest. He returned to the dais at
7:45 p.m.
Staff answered questions from Council.
Mayor Sinks opened the public hearing and the following individuals spoke on this
item:
Annie Yang
Jim Griffith, Sunnyvale Mayor and Chair Silicon Valley Community Choice Energy
(CCE) Partnership Task Force
Diana Argabrite, Director Euphrat Museum of Art at De Anza College
Helene Davis, incoming President Cupertino Historical Society
Jennifer Griffin
Lisa Warren
Staff answered additional questions from Council.
Initial motion: Paul moved and Wong seconded to remove funding for the Climate
Action Plan (CAP) and establish a Sustainability and Resources Commission to
review the CAP as well as other resources and sustainability. Chang offered a
friendly amendment to keep funding for the CAP and direct staff to agendize an
ordinance to establish the new commission. Paul and Wong accepted the friendly
amendment. Wong noted that this direction would be part of his motion for item c
(adopting resolution establishing Operating Budget and CIP) and Paul withdrew
his motion.
a. Wong moved and Vaidhyanathan seconded to adopt negative declaration EA-
2015-01 for the Capital Improvement Plan (CIP) projects described in the FY 2015-
16 Recommended Budget. The motion carried unanimously.
Mayor Sinks left the dais at 9:20 p.m. before the next motion regarding Apple Pass
Thru Revenues due to a conflict of interest.
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City Council Minutes June 2, 2015
8
b. Wong moved and Paul seconded to adopt Resolution No. 15-048 establishing a
special project budget for the Planning and Community Development - Current
Planning Construction Plan Check, Code Enforcement and Public Works Inspection
Services Programs for costs related to Apple Pass Thru Revenues for Fiscal Year
2015-16. The motion carried with Sinks recusing.
Mayor Sinks returned to the dais at 9:23 p.m.
c. Initial motion: Wong moved and Vaidhyanathan seconded to adopt Resolution
No. 15-049 establishing an Operating Budget and Capital Budget for Fiscal Year
2015-16 with an amendment to remove funding for the Mary Avenue Complete
Streets Conceptual Design ($400,000) and add the Homestead Road sidewalk
project ($90,000). Vaidhyanathan offered a friendly motion to keep the funding for
the Mary Avenue Complete Streets Conceptual Design. Wong didn’t accept the
friendly amendment and Vaidhyanathan withdrew her second. The motion was
then seconded by Chang.
c. Final motion: Wong moved and Chang seconded and the motion carried with
Sinks voting no to adopt Resolution No. 15-049 establishing an Operating Budget
and Capital Budget for Fiscal Year 2015-16 with the following amendments:
Remove Mary Avenue Complete Streets project ($3,662,000)
Remove transfer out from Capital Reserve ($3,662,000)
Add Homestead Road Sidewalk project ($90,000)
Add Homestead Road Sidewalk project transfer out from the Capital
Reserve ($90,000)
Direction to bring ordinance to Council creating a Sustainability and
Resources Commission to facilitate additional community engagement and
vetting of the City’s Climate Action Plan
d. Wong moved and Paul seconded to approve the reallocation of $151,920 in funds
originally requested for full time staffing in the Administration - City Attorney’s
program to the contracts. The motion carried unanimously.
e. Wong moved and Chang seconded to approve additional appropriation of $6
million dollars for Public Works-Street Pavement Maintenance and the additional
appropriation of $3 million dollars in transfers out for both the General Fund
Capital Reserve to fund the Street Pavement Maintenance costs. The motion carried
with Sinks voting no.
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City Council Minutes June 2, 2015
9
f. Wong moved and Chang seconded to approve additional allocation of $60,000 for
the Administration-City Attorney budget for contract legal costs related to State
Route 85. The motion carried unanimously.
g. Wong moved and Sinks seconded to adopt Resolution No. 15-050 establishing an
Appropriation Limit for Fiscal Year 2015-16. The motion carried unanimously.
Council recessed from 9:51 p.m. to 9:57 p.m.
ORDINANCES AND ACTION ITEMS
15. Subject: Update on Drought State of Emergency actions, implemented water
conservation measures for City operations, amendments to Cupertino Municipal
Code Chapter 15.32 related to water conservation, prohibited uses of water,
regulations for water conservation, and proposed regulations
Recommended Action: Staff recommends that Council take the following actions:
1) Receive staff presentation on continued Drought State of Emergency;
2) Provide input to staff on implemented water conservation restrictions for City
operations;
3) Conduct the first reading of Ordinance No. 15-2131: "An Ordinance of the City of
Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code
relating to water conservation, prohibited uses of water, and water use regulations";
and
4) Provide notice of intent to adopt the draft resolution with 2015-2016 Regulations
Restricting Water Use at the second reading of the draft ordinance
Written communications for this item included emails to Council and a staff
PowerPoint presentation.
Assistant to the City Manager Erin Cooke and Assistant Director of Public Works
Roger Lee reviewed the staff report via a PowerPoint presentation.
Staff answered questions from Council.
Mayor Sinks opened the public testimony and the following individuals spoke on
this item:
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City Council Minutes June 2, 2015
10
Rachael Gibson from Santa Clara Valley Water District (SCVWD) Office of
Government Relations - she also answered questions from Council
John Tang from San Jose Water Company – he answered questions from Council
SCVWD Director Nai Hsueh – she answered questions from Council.
Mike Jerbic
City Clerk Grace Schmidt read the title of the ordinance: "An Ordinance of the City
of Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code
relating to water conservation, prohibited uses of water, and regulations for water
conservation."
Wong moved and Sinks seconded to read Ordinance No. 15-2131 by title only and
that the City Clerk’s reading would constitute the first reading thereof with a minor
modification to Section 15.32.080, Violation Penalty, to add the option of an
Administrative Citation process. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and
Wong. Noes: None. Abstain: None. Absent: None.
Regarding the Notice of Intent to adopt a resolution with 2015-2016 regulations
restricting water use at the second reading, Council gave direction to provide a
budget amendment to supplement the SCVWD Turf Replacement program and
add SCVWD recommended language on scheduled watering days per week.
16. Subject: Brush abatement for public nuisance and potential fire hazard
Recommended Action: Remove this item from the agenda since no parcels are on
the list
Under postponements, this item was removed from the agenda.
17. Subject: Consider cancelling meeting(s) in the summer
Recommended Action: Provide direction to staff
Wong moved and Vaidhyanathan seconded to cancel the July 21 City Council
meeting. The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
18. Subject: Annual Report on the Pavement Management Program (postponed from
May 5)
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City Council Minutes June 2, 2015
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Recommended Action: Receive the report. No action is required
Written communications for this item included a staff PowerPoint presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
PowerPoint presentation.
Council received the report.
19. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 11:43 p.m., Mayor Sinks adjourned the meeting to June 16 beginning at 5:30 p.m. for a
closed session regarding Conference with Legal Counsel-Anticipated Litigation:
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't
Code Section 54956.9. One case; Conference with Legal Counsel-Anticipated Litigation:
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section
54956.9. One case; Conference with Real Property Negotiators pursuant to Gov't Code
Section 54956.8. Property: Cupertino Municipal Water System. Agency negotiator: Timm
Borden. Negotiating parties: City of Cupertino and San Jose Water Company. Under
negotiation: Terms for City Leased Asset, Cupertino Council Chamber, 10350 Torre
Avenue.
_______________________________
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, and then click Archived Webcast. Videotapes are available at the Cupertino
Library, or may be purchased from the Cupertino City Channel, 777-2364.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0901 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/21/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Resignation of Teen Commissioner Michaela Murphy and appointment from pool of
applicants interviewed May 26 to fill the vacancy
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Michaela Murphy resignation email
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:ResignationofTeenCommissionerMichaelaMurphyandappointmentfrompoolof
applicants interviewed May 26 to fill the vacancy
AcceptresignationofTeenCommissionerMichaelaMurphyandappointdesignatedalternate
member Pranav Jandhyala to fill partial one-year term vacancy ending June 2016
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 16, 2015
Subject
Resignation of Teen Commissioner Michaela Murphy and appointment from pool of
applicants interviewed May 26 to fill the vacancy.
Recommended Action
Accept resignation of Teen Commissioner Michaela Murphy and appoint designated
alternate Pranav Jandhyala to fill the partial one-year unscheduled vacancy ending June
2016.
Discussion
Teen Commissioner Michaela Murphy has notified Council and staff of her resignation
effective May 29, 2015 which creates an unscheduled vacancy with a partial one-year
term ending June 2016.
Cupertino Resolution No. 10-048 states that:
Posting for unscheduled vacancies shall be posted no earlier than 20 days before
nor later than 20 days after the vacancy occurs, and at least 10 working days
before appointment.
If a vacancy occurs for an unexpired term and interviews for appointment to that
advisory body have been conducted within the previous ninety days, the
unexpired term may be filled from those applications following the required
posting of the vacancy.
The vacancy notice was posted on May 29, satisfying the posting requirements. On May
26, 2015, Council interviewed 37 Teen Commission applicants and made six regular
appointments and designated Pranav Jandhyala as an alternate.
Sustainability Impact
None
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Fiscal Impact
None
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: A –Michaela Murphy Resignation email
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From:Michaela Atira Murphy
To:City Clerk
Subject:Commission Letter of Resignation
Date:Friday, May 29, 2015 8:06:08 AM
To Whom it May Concern,
It is with great sorrow that I write to you today regarding my place on the Cupertino Teen
Commission. It was after long deliberation and careful thought throughout this past year that I
chose to graduate a year early from my high school, Monta Vista High School, and pursue my
collegiate degree a year sooner. For that reason, I will no longer be able to maintain my place
on the commission, as I will be living outside the city of Cupertino, and no longer be a feasible
candidate for the role of Teen Commissioner. I will be forever thankful for the numerous
opportunities this commission has afforded me. For the support, the generosity, and the chance
to contribute to the city I love so dearly in a more tangible way. I will miss it dearly.
So with that, I’d like to close with a thank you. A thank you to the generous people who gave
me a place on the commission, the wonderful people I had the opportunity to work with as part
of the commission, and to the incredibly talented people who will be on the commission for
years to come. I look forward to hearing about the important work the commission continues
to do, and would be happy to help support its future endeavors in any way I can.
Thank you.
Respectfully,
Michaela Murphy
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0918 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/29/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Accept Accounts Payable for the period ending May 22, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: Accept Accounts Payable for the period ending May 22, 2015
Adopt Resolution No. 15-051 accepting Accounts Payable for the period ending May 22, 2015
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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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
May 22, 2015
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 the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:215-0927 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/8/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Accept Accounts Payable for the period ending May 29, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/16/20152
Subject: Accept Accounts Payable for the period ending May 29, 2015
Adopt Resolution No. 15-052 accepting Accounts Payable for the period ending May 29, 2015
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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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
May 29, 2015
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 the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0930 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/8/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Accept Accounts Payable for the period ending June 5, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: Accept Accounts Payable for the period ending June 5, 2015
Adopt Resolution No. 15-053 accepting Accounts Payable for the period ending June 5, 2015
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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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
June 5, 2015
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 the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0834 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/21/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Approval of consultant services for environmental review for a Specific Plan and project in
the Vallco Shopping District Planning Area.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A. Scope of Work
B. Letter from Reed Moulds, Managing Director, SHPCo dated June 4, 2015
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:ApprovalofconsultantservicesforenvironmentalreviewforaSpecificPlanand
project in the Vallco Shopping District Planning Area.
Staff recommends that the City Council approve the following:
1.AuthorizetheCityManagertonegotiateandexecuteaconsultantagreementwithDavidJ.
PowersandAssociates,Inc.toprovideservicestotheCitythatwillresultinthepreparation
ofanEnvironmentalImpactReports(EIR)fortheCouncil’sconsideration,foranamount
not to exceed $754,305 (Attachment A)
2.AuthorizetheCityManagertoapproveContractChangeOrders(CCO)forItem1aboveto
the extent that total expenditures do not exceed the total amount of the project budget
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 16, 2015
Subject
Approval of consultant services for environmental review for a Specific Plan and project
in the Vallco Shopping District Planning Area.
Recommended Action
Staff recommends that the City Council approve the following:
1. Authorize the City Manager to negotiate and execute a consultant agreement with
David J. Powers and Associates, Inc. to provide services to the City that will result in
the preparation of an Environmental Impact Reports (EIR) for the Council’s
consideration, for an amount not to exceed $754,305 (Attachment A).
2. Authorize the City Manager to approve Contract Change Orders (CCO) for Items 1
above to the extent that total expenditures do not exceed the total amount of the
project budget.
Description
On December 4, 2014, the City Council amended the General Plan to adopt changes to
the text including a revision to the vision for the Vallco Shopping District. The updated
vision for the area envisions the complete redevelopment of the Vallco Shopping
District Planning Area into a vibrant mixed-use “town center” envisioned to become a
destination for shopping, dining and entertainment.
The Council allocated the following mix of uses subject to preparation and approval of
a Specific Plan:
1. Minimum of 600,000 s.f. of retail uses
2. 389 residential units in the Housing Element
3. Maximum of 2,000,000 s.f. of office
In addition, the 2005 General Plan allows 191 hotel rooms in the Vallco Area which was
continued in Community Vision 2040 upon Council direction to keep the rest of the
development allocation in the General Plan unchanged.
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The Specific Plan, which is required prior to any development on the site will be the
zoning document and will lay out the land uses, design standards, guidelines and
infrastructure improvements .
Discussion
On June 4, 2015, Reed Moulds, Sand Hill Property Company’s Managing Director,
submitted a letter to request the City Council’s authorization to initiate a contract for
the preparation of an Environmental Impact Report (EIR) for the Specific Plan of which
Sand Hill Property’s project will be a part of (Attachment B).
Sand Hill has hosted a series of public meetings to solicit input on the Vallco Shopping
District project. They are in the process of formulating plans that incorporate the public
input they have received and expect to formally submit plans for the project by mid-
September 2015. Initiation of the EIR contract will facilitate preliminary studies
including background and technical reports to study existing conditions, etc. required
per the California Environmental Quality Act (CEQA).
Fiscal Impact
Approval of this contract will have no net fiscal impact to the City’s budget . The total
amount for the contract will be paid by the applicant prior to execution of the contract.
In addition to the contract amount, consistent with the City’s policy, the applicant will
also pay a 10% administrative fee to cover the cost of City staff managing the contract.
_____________________________________
Prepared by: Piu Ghosh, Senior Planner
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Scope of Work and Cost Estimate
B. Letter from Reed Moulds, Managing Director, Sand Hill Property Company
dated June 4, 2015
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David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
June 9, 2015
Piu Ghosh, Senior Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
RE: Vallco Specific Plan Redevelopment Project – CEQA Proposal
Dear Ms. Ghosh:
David Powers & Associates (DJP&A) is pleased to offer this scope of work to complete California
Environmental Quality Act (CEQA) environmental review for the proposed Vallco Redevelopment
project.
The approximately 58-acre project site is located on the west and east sides of Wolfe Road north of
Stevens Creek Boulevard and south of Interstate 280 (I-280) in northeast Cupertino. The applicant
(Sand Hill Property Company) proposes to redevelop the site with a mix of residential, retail, and
office uses. The project will also include above- and below-grade parking.
Based on a review of the General Plan Update scenarios for the Vallco Shopping District and the
scale of the project, we expect that an Environmental Impact Report (EIR) will be required. The
attached scope of work describes the main issues to be evaluated in the EIR, and the estimated cost
and schedule for completion of the EIR.
Our experience preparing CEQA documents for numerous projects throughout the Bay Area and
specifically in Cupertino allows us to provide superior service and project management for the City.
Please do not hesitate to contact me if you have any questions regarding this proposed scope of work
or if there is any additional information you need. Thank you for contacting us, and we look forward
to working with you on this project.
Sincerely,
John Schwarz
Principal Project Manager\Vice President
Project # 15-033
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David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
DAVID J. POWERS & ASSOCIATES, INC.
Scope of Work to Prepare an Environmental Impact Report
Vallco Specific Plan Redevelopment Project
The following Scope of Work to prepare an Environmental Impact Report (EIR) for
the proposed Vallco Specific Plan Redevelopment Project (project) is based upon a review of
information provided by the City of Cupertino, a site visit, and DJP&A’s past experience with
projects of similar magnitude throughout Santa Clara County.
PROJECT UNDERSTANDING
The approximately 58-acre project site consists of 15 parcels (APNs 316-20-080, -081, -082, -088, -
092, -094, -095, -099, -100, -101, -103, -104, -105, -106, and -107), located on the west and east
sides of Wolfe Road north of Stevens Creek Boulevard and south of I-280 in northeast Cupertino.
The project site is developed with a regional shopping center, including a cinema, a gym, bowling
alley, restaurants including one with banquet facilities, and parking areas. The project site also
includes an approved, but not yet constructed hotel (APN 316-20-092).
The site is surrounded by residential, commercial and retail uses, and I-280. The project site is
currently identified as the Vallco Shopping District Special Area in the City’s Community Vision
2040. A large portion of the site is zoned Planned Development-Regional Shopping Center and the
rest is zoned Planned Development-General Commercial.
A Specific Plan for the 58-acre site is currently under development. The applicant (Sand Hill
Property Company) proposes to redevelop a large portion of the site (51 acres of the 58 acres) with
residential, retail, office uses, and parks and plazas. It is assumed that the existing cinema, gym,
bowling alley uses and potentially the ice skating rink will be maintained on-site or included in the
project in another format. The remaining 7 acres that are not in the control of the applicant include
an approved, but not yet constructed Hyatt Hotel (APN 316-20-092) and a paved parking lot (APN
316-20-088). The project will also include new above and below grade parking.
It is our understanding that a Specific Plan will be prepared for the site that will be used to define the
project description for the CEQA document. In order to assist the City and the applicant in defining
the project, DJP&A proposes to include an initial task in our scope in addition to the preparation of
the CEQA document.
SCOPE OF WORK
The following scope of work was prepared based upon a review of the project information provided,
a site visit, consultation with appropriate technical experts, and DJP&A’s past experience with
projects of similar magnitude.
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
Task 1: Defining the Project
DJP&A will provide environmental support and will advise the City and the project team during the
initial project definition phase, in order to streamline the environmental documentation process.
DJP&A will coordinate with the project team and the City on the development of the Vallco Specific
Plan and the project description, and will work to identify any environmental issues that may have an
effect on the proposed land use and site plan.
This work will also include coordination with our subconsultants to begin their technical analyses for
the EIR, as appropriate. This scope includes our attendance at weekly meetings with the City staff
and project team.
Task 2: Administrative Draft EIR
A critical step in the environmental review process is to ensure, at the earliest time possible, that all
team members understand the project and are in agreement about the scope of the work. To
accomplish this goal, DJP&A proposes the following subtasks described below.
EIR Kick-off Meeting
At the initiation of the EIR process, DJP&A will attend an EIR kick-off meeting with City
Staff and the project team (as appropriate) to discuss the project and key environmental
issues, and to confirm the technical approach. The list of required project data/information
required to prepare the EIR (see list at end of this scope) will also be reviewed at the kick-off
meeting.
Scope Refinement and Data Collection
DJP&A will refine the EIR scope if needed, based on the work completed in Task 1, as well
as the City’s feedback and kick-off meeting discussion. As part of this subtask, DJP&A will
ensure that all information required to complete the technical reports and EIR has been
obtained and/or requested.
Process: EIR initiation → Kick-off meeting → Scope refinement and update list of information
required
Deliverables: An electronic copy of the revised EIR scope (if required)
An electronic copy of an updated list of required project information (if different
from list at the end of this proposal)
Once the EIR kick-off and scope refinement is complete, we will complete the EIR project
description and Notice of Preparation. These subtasks are described below.
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
Project Description
Based on the proposed Specific Plan 1 provided by the City, DJP&A will draft a detailed
description of the proposed project, including the physical characteristics (maximum office
and retail square footage, residential units, maximum building height, setbacks, grading and
drainage, landscaping and hardscape, circulation, etc.) of the proposed development. The
draft project description will be submitted to the City for review and comment. Based on
comments received, DJP&A will finalize the project description.
Process: Draft project description → City review → finalize project description
Deliverables: An electronic copy of the draft project description
An electronic copy of the final project description
Notice of Preparation and EIR Scoping Meeting
After finalizing the project description, DJP&A will prepare the EIR Notice of Preparation
(NOP), which will alert the public that an EIR will be prepared for the project. DJP&A will
prepare the NOP, in accordance with the CEQA and City of Cupertino guidelines. The NOP
will include a brief project description, project location map, and an overview of the
anticipated environmental impacts. DJP&A will submit a draft NOP to the City for review
and comment. Based on comments received, DJP&A will finalize the NOP and provide it to
the City for public circulation. DJP&A will submit the NOP to the State Clearinghouse for
distribution. The text of the EIR will incorporate significant and relevant issues raised in the
responses to the NOP received during its 30-day circulation period.
It is anticipated that the City will hold a public scoping meeting for this project. DJP&A will
attend and can assist with preparing materials and/or presenting an overview of the EIR
process and issues to be analyzed at this meeting.
Process: Draft NOP → City Review → Finalize NOP, NOP Circulates → EIR Scoping Meeting
→NOP Circulation Ends
Deliverables: An electronic copy of the draft NOP
An electronic copy of the final NOP
Presentation and handouts for EIR scoping meeting
Preparation of the Administrative Draft EIR
DJP&A will then prepare an Administrative Draft EIR (ADEIR). The EIR will tier off the
City’s General Plan Amendment EIR. The ADEIR will include an introduction, summary,
1 This scope assumes that the EIR will evaluate the proposed Vallco Specific Plan Redevelopment project in its
entirety and that the analysis of impacts by phases of development will not be required. If the City or applicant
desires to have the EIR identify impacts and mitigation measures by phases, additional budget would be required.
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description of the project, environmental setting, in-depth discussion of possible
environmental impacts, and identification of mitigation measures to reduce impacts.
Cumulative impacts, alternatives to the project, and other sections required by the CEQA
Guidelines will also be included. The main sections of the EIR are described below.
Introduction
The introduction to the EIR will provide a general overview of the CEQA process and
describe the public participation process and opportunities for input. It will also contain an
outline of the contents of the EIR.
EIR Summary
A summary of the EIR will be prepared which will include a brief description of the proposed
project. The summary will be prepared in tabular form and will identify the impacts of the
project and proposed mitigation measures. The summary will also describe the project
alternatives discussed in the EIR, and address any known areas of public controversy.
Project Description
The project description prepared previously will be included in the EIR. The project
description section will also include a list of the project objectives, necessary discretionary
actions, and decision-making agencies. Maps and graphics will be provided to illustrate the
text.
Consistency with Plans and Policies
Consistency with Plans and Policies will be incorporated into the individual sections of the
EIR. These sections will discuss whether or not the proposed project is consistent with
applicable plans and policies, such as general plans, specific plans and other regional and
state plans. Particular attention will be given to inconsistencies; with plans designed to
protect the environment, if any are identified. These sections will analyze whether such
inconsistencies might result in significant adverse environmental effects.
Existing Setting, Impacts and Mitigation Measures
The EIR will provide: 1) a detailed description of the existing project setting, based on
conditions that exist at the time the NOP is released; 2) impacts that may result from the
proposed project; and 3) feasible mitigation measures to avoid or reduce the impacts to a less
than significant level. The EIR discussion will reflect information from technical analyses
prepared by DJP&A’s subconsultants, as well as information provided by the project
applicant and City Staff. The primary issues anticipated in the EIR are described below. The
project information required to complete the EIR is listed at the end of this scope proposal.
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David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
The primary issues to be discussed will include:
aesthetics and visual resources
air quality
biological resources
cultural resources
geology and soils
greenhouse gas emissions
hazardous materials
hydrology and water quality
land use
noise and vibration
transportation
urban decay
utilities and service systems
water supply
The scope of work proposed for these issues is described below.
Aesthetics and Visual Resources
The EIR will describe the existing visual character of the site and surrounding area and the
change in visual character with proposed development. The change in visual character
resulting will be described based upon photo-simulations of the project prepared by the
project applicant. The EIR will include a discussion on whether the aesthetic impacts could
be considered impacts on the environment and if the project would qualify for an exemption
under SB 743 with regard to aesthetic impacts.
Accurately scaled photo-simulations of the development, as seen from the on-site and off-site
vantage points will be prepared. Square One Productions, under contract to DJP&A, will
complete a peer review of up to eight photo-simulations and provide any necessary
recommendations to the applicant produced images. This scope assumes that the applicant
will provide Square One Productions with a scaled computer model or other graphic
illustrations to use in reviewing the photo-simulations.
Air Quality
A Toxic Air Contaminant (TAC) Assessment is required for the proposed project. The TAC
Assessment will evaluate construction activities by predicting construction period emissions
and the associated health risk impacts to nearby sensitive receptors. Construction emissions
will be predicted using the latest version of the CalEEMod model and construction phasing.
The project is near residences, so a screening level community risk assessment will be also be
required. The cancer risks associated with modeled construction period diesel particulate
matter concentrations will be computed following Bay Area Air Quality Management
District (BAAQMD) risk management policy guidance. The risks will be compared against
BAAQMD CEQA thresholds. Impacts to sensitive receptors on the site from criteria
pollutants will be evaluated in accordance with BAAQMD. Appropriate setbacks between
sources of air pollution or mitigation measures will be assessed using guidance provided by
the BAAQMD and the California Air Resources Board. Both project-level and cumulative
source impacts will be addressed. Mitigation measures that represent “Best Management
Practices” to control dust or particulate matter emissions will be described. In addition, other
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1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
measures that may be necessary to reduce construction exhaust emissions or cancer risks will
be identified in the report and in the EIR.
It is DJP&A’s understanding that the required air quality assessments will be prepared under
contract to the applicant and provided to DJP&A. Illingworth & Rodkin, Inc., under contract
to DJP&A, will prepare a peer review memorandum of the provided air quality assessments.
Biological Resources
The project site is developed and contains ornamental trees and associated landscaping. The
EIR will describe the type, size, health and condition of on-site trees, based upon an arborist
survey and report provided to DJP&A by the City of Cupertino and/or project applicant. The
EIR will describe the proposed project landscaping and replacement trees. Mitigation
measures will be identified for trees to be removed. The arborist report, prepared by the
applicant’s team, if not already reviewed by the City’s consulting arborist, will be peer
reviewed by Hortscience under contract to DJP&A.
The EIR will describe the potential for the project to result in impacts to sensitive wildlife
species, including migratory birds. Mitigation measures will be identified, as necessary, to
reduce biological impacts to a less than significant level.
Cultural Resources
The site is designated a City of Cupertino Community Landmark (Cultural Resource Site 68)
in the City’s Community Vision 2040, this designation does not , however, qualify as a
historic resource under CEQA.
The buildings on the project site were constructed in the mid-1970s and are not considered to
be historic resources. There is a potential for unknown buried cultural resources to be found
during ground disturbance related to the underground parking garages. Holman &
Associates, under contract to DJP&A, will prepare a literature search and records review at
the Northwest Information Center of the California Historical Resources Information System
to identify all cultural resources and relevant studies near the project area. Mitigation
measures will be identified, as necessary, to reduce cultural resources impacts to a less than
significant level.
Geology and Soils
The EIR will describe the existing soils and geological hazards on and nearby the site, based
upon a geotechnical report prepared by the applicant’s team and provided to DJP&A by the
City of Cupertino. The geotechnical report will be peer reviewed by Cotton Shires &
Associates, under contract to DJP&A.
The EIR will describe the potential for the project to result in geologic impacts. Mitigation
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1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
measures will be identified, as necessary, to reduce geologic impacts to a less than significant
level.
Greenhouse Gas Emissions
The EIR will describe the greenhouse gas (GHG) emissions impacts from the project and
discuss the project’s consistency with the City’s General Plan and the City’s Climate Action
Plan. It is assumed that the CalEEMod model will be used to predict GHG emissions from
the project. In addition, project-specific inputs will be included to account for energy usage,
water consumption, solid waste generation and vegetation plantings. The per capita GHG
emissions will be computed based on the project GHG emissions and the estimated number
of new residences and workers. The modeling will assume that the project will be consistent
with the City’s Climate Action Plan, and therefore, include some level of Transportation
Demand Management program trips reduction.
It is DJP&A’s understanding that the above described GHG assessment will be prepared
under contract to the applicant and provided to DJP&A. Illingworth & Rodkin, Inc., under
contract to DJP&A, will prepare a peer review memorandum of the provided GHG
assessment.
Hazardous Materials
The EIR will evaluate the potential for hazardous materials contamination on and near the
project site which could be affected by demolition, site grading and excavation or impact
workers or future residents at the site, based upon multiple Phase I Environmental Site
Assessments (ESA) to be provided to DJP&A by the City of Cupertino. The ESAs will
include a review of public databases and historic uses that could involve the use or disposal
of hazardous materials. Project-specific mitigation measures will be identified in the EIR,
based on the provided assessment, as appropriate.
The above described ESAs (up to 8 separate reports) will be peer reviewed by Cornerstone
Earth Group under contract to DJP&A. Cornerstone Earth Group will prepare a peer review
memorandum of the ESAs. Cornerstone Earth Group staff participation at one project
meeting with project staff and/or City of Cupertino staff in connection with the project is also
included in this scope of work.
Hydrology and Water Quality
The project site is not located within a 100-year flood hazard zone. The EIR will describe the
change in site drainage and hydrological conditions resulting from the project, in accordance
with the City of Cupertino’s stormwater ordinances. It is assumed that the project engineer
will provide DJP&A with the stormwater quality/retention plan for the project site. Any
improvements required to drain the site will be identified in the EIR, and mitigation and
avoidance measures for significant impacts will be discussed, as appropriate. The potential
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1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
for the project to result in off-site impacts associated with stormwater drainage will also be
described.
Policies and requirements of the State Water Resources Control Board (Construction General
Permit), and the Regional Water Quality Control Board (C.3 Provisions) require that
mitigation for water quality impacts associated with new development and construction be
addressed as part of the environmental review process. This scope assumes the project
engineer will calculate the runoff from the proposed development and its effect on the City
and Santa Clara Valley Water District (SCVWD) storm drain systems, or new facilities, if
necessary. Identification of best management practices will be based upon a drainage plan
for the proposed project, prepared under separate contract by the project civil engineer and
provided to DJP&A. Impacts to water resources and mitigation measures will be described,
as necessary, to reduce all impacts to a less than significant level.
Land Use
The project site is developed with a regional shopping center including a cinema, a gym,
bowling alley, restaurants, a banquet facility, and parking areas. The project site also
includes an approved, but not yet constructed hotel (APN 316-20-092) and a paved parking
lot parcel. The EIR will describe the historic and current land uses on the site and in the
project area, and will describe the current General Plan and zoning designations of the site.
The project site is currently identified as the Vallco Shopping District Special Area in the
City’s Community Vision 2040. A large portion of the site is zoned Planned Development-
Regional Shopping Center and the rest is zoned Planned Development-General Commercial.
The EIR will identify any land use impacts and conflicts that could result to the project from
nearby land uses, as well as impacts upon nearby land uses resulting from the project.
Mitigation and avoidance measures will be identified, as necessary, for significant land use
impacts.
Noise and Vibration
The predominant noise sources in the project vicinity include traffic on I-280, Stevens Creek
Blvd, and Wolfe Road. The EIR will address the potential construction and operational
noise impacts from the proposed project, based on a noise study to be completed by
Illingworth & Rodkin, Inc., under contract to DJP&A. The environmental noise and
vibration assessment for the project will: measure ambient noise levels at the project site,
calculate future noise and vibration levels resulting from the construction of the project,
calculate noise levels generated from the operation of the project at nearby residential
receivers, evaluate future noise levels with respect to the noise and land use compatibility
standards in the General Plan, and identify mitigation measures, as applicable, to reduce
potentially significant noise impacts to less than significant levels.
Illingworth & Rodkin, Inc. staff participation at two project meetings, and up to two public
hearings, if needed, with project staff and/or City of Cupertino staff in connection with the
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David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
project is also included in this scope of work.
Transportation
The EIR will describe the traffic and circulation impacts resulting from the proposed project.
A Transportation Impact Analysis (TIA) in accordance with the City of Cupertino, the Santa
Clara Valley Transportation Authority’s (VTA) TIA guidelines, and the congestion
management agency for Santa Clara County will be prepared by Fehr & Peers
Transportation Consultants, under contract to DJP&A, refer to the attached Fehr & Peers
TIA scope (attached to this scope of work). The TIA will follow the most recently adopted
VTA analysis guidelines (dated October 2014) as well as the methodology outlined in the
newly adopted Cupertino General Plan (Community Vision 2040).
The City will comply with VTA guidelines and analyze the CMP intersections based on
VTA’s TIA Guidelines. The operations of the intersections will be evaluated during the
weekday morning (AM) and weekday evening (PM) peak hours for the six scenarios.
Freeway segments will also be evaluated. Forty intersections and up to 30 freeway segments
on I-280 and ten freeway segments on State Route (SR) 85 are proposed for analysis, refer to
the attached TIA scope. Freeway segments will be analyzed following the VTA guidelines
under the Existing and Existing Plus Project scenarios.
Fehr & Peers will create a VISSIM microsimulation model to evaluate operations for
pedestrians, bicyclists, transit users, and vehicles in the project area, refer to the attached TIA
scope for additional details. The EIR will also describe the existing access and circulation
conditions near the site. The EIR will describe traffic impacts and will identify any
mitigation measures, as appropriate.
Construction traffic impacts will be evaluated using the estimated number of trucks and
construction workers that will be on site on a given day and the rerouting of traffic that may
occur with road detours or staging. Construction parking will also be evaluated based on the
number of workers and construction phasing. It is assumed that construction activity
information will be provided by the project applicant. The construction traffic will also take
into account other construction activity occurring in the area. If construction impacts are
identified, mitigation measures such as a construction traffic management plan will be listed
and will ultimately include truck routes and construction hours.
The proposed parking supply will be evaluated in comparison to City Code requirements.
The projected demand will be evaluated using ITE rates and shared parking, where
appropriate. The potential for parking demand spillover to adjacent streets will be evaluated.
The EIR will also consider whether the parking impacts should be considered impact to the
environment and if the project would qualify for an exemption under SB 743 with regard to
parking impacts.
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David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
Fehr & Peers will calculate vehicle miles of travel (VMT) using the VTA model and
Household Survey Data for the following conditions: 1) Cumulative and 2) Cumulative Plus
Project. Based on the information developed, average trip length per capita from the project
site will be calculated. Fehr & Peers will discuss with City of Cupertino staff the appropriate
thresholds to assess the significance of the VMT information in light of the draft CEQA
guidelines that are being considered.
Fehr & Peers will review the TDM program being developed by the project applicant to
evaluate the reasonableness of the proposed TDM measures and expected TDM reductions
goals. Fehr & Peers will use their TDM+ tool to estimate the TDM reductions that could be
achieved from the proposed office developments. This task includes up to 20 hours to review
the proposed TDM program.
Fehr & Peers staff participation at 20 conference calls, six in-person project meetings, two
study sessions, and two public hearings with project staff and/or City of Cupertino staff in
connection with the project is also included in this scope of work.
Urban Decay
The EIR will discuss the potential for whether or not adverse physical impacts are likely to
result from economic impacts of the proposed project on existing and future competitive
commercial facilities, pursuant to CEQA Guidelines Section 15131(a). This section will be
based on available information and information provided by the City.
Utilities and Service Systems
The EIR will include a discussion of water, stormwater, wastewater and solid waste and how
the project will affect these utilities. The EIR discussion of the project’s potential impact on
the City’s wastewater systems will be based on a sewer capacity study to be completed by
Schaaf & Wheeler, under contract to DJP&A. The study will include a hydraulic model and
capacity analysis of the existing sanitary sewer conveyance system downstream of the
proposed project site, within the Cupertino Sanitary District (CSD) service area. The
capacity analysis will be based upon existing and proposed land use at the development site,
in addition to off‐site sewer flows provided by others. The project’s contribution to sewer
flows will be identified, and any resulting impacts and mitigation measures will be described.
This scope of work assumes the following for the sewer capacity study:
− The sanitary sewer system reach requiring modeling is located along N. Wolfe Road and
Homestead Road, from Stevens Creek Boulevard to Lawrence Expressway.
− Downstream receiving interceptor mains, outside the CSD service area, that convey
sewage to both the San Jose/Santa Clara Regional Wastewater Facility and the Donald M.
Somers Water Pollution Control Plant (Sunnyvale) are adequately sized to convey
existing flows and proposed new flows from Cupertino Square, and therefore does not
require modeling.
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1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
− The City and/or CSD has background planning data that is available for use as part of the
capacity study; and includes the items listed above.
Schaaf & Wheeler will also provide an analysis of the feasibility and sizing of a recycled
water main extension to the project site. The potential recycled water demand for the project
site and hydraulics of a new main extension to determine required sizing to provide adequate
capacity and pressure to the project site will be calculated as part of this analysis.
Schaaf & Wheeler staff participation on one conference call meeting with project staff and/or
City of Cupertino staff in connection with the project is also included in this scope of work.
Water Supply
The EIR will also include an evaluation of the project’s water demands based on a Water
Supply Assessment in accordance with SB 610 prepared by Yarne & Associates under
contact to Cal Water, the site’s water provider.
Cumulative
The EIR will include a discussion of cumulative impacts from the project in combination
with other past, pending, and reasonably foreseeable future development in the area, in
conformance with CEQA Guidelines Section 15130. This list of projects will be based upon
information available from the City and neighboring jurisdictions. The EIR will analyze and
describe the significant cumulative impacts to which the project would contribute, based on a
list of pending projects to be provided by the City of Cupertino. Based upon existing
information, it is anticipated that this discussion will focus mainly on transportation, air
quality, noise, utilities and service systems, and greenhouse gas emissions.
Alternatives
The EIR will evaluate possible alternatives to the proposed project, based on the results of the
environmental analysis. The alternatives discussion will focus on those alternatives that
could feasibly accomplish most of the basic purposes of the project and could avoid or
substantially lessen one or more of the significant environmental effects (CEQA Guidelines
Section 15126.6). DJP&A will coordinate with the City staff to identify the alternatives to be
analyzed in the EIR; however, it is currently anticipated that the alternatives to be evaluated
in the EIR could include the following:
1. No Project Alternative;
2. Reduced Scale Alternative(s);
3. Design Alternative;
4. Environmentally Superior Alternative (to be chosen from one of the above).
This section will evaluate the impacts of each alternative, as required by CEQA (Guidelines
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1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
Section 15126.6) and based on the “rule of reason.” The alternatives discussion will describe
the environmental impacts and benefits of the alternatives, compared with the proposed
project. In accordance with CEQA, the EIR will identify an environmentally superior
alternative from the alternatives described, based on the number and degree of associated
environmental impacts.
Other Required Sections
The above discussions identify and highlight the major issues and subject areas to be
addressed in the EIR. The EIR will also evaluate the project’s impacts on geology, energy,
public services and recreation, and population and housing. Mitigation measures to avoid or
reduce impacts to a less than significant level will be identified, as necessary.
The EIR will also include other sections required by the CEQA Guidelines, including Table
of Contents or Index, Significant Unavoidable Impacts, References and Organizations and
Persons Consulted, EIR Preparers and Lead Agency, and appendices, which will include
copies of technical reports.
Upon completion of the ADEIR, DJP&A will submit up to 5 copies of the ADEIR to City
Staff for review and comment. An electronic copy of the ADEIR text will be emailed to the
City to facilitate and convey City comments/edits.
Process: Obtain necessary project information and technical reports from
applicant/City → Complete technical reports → Prepare ADEIR → Submit
ADEIR to City for review
Deliverables: Up to 5 hard copies of the ADEIR (with electronic copies of the technical
appendices/reports)
An electronic copy of the ADEIR text to facilitate tracking of City
comments/edits
Task 3: Draft EIR and Notice of Completion
The subtasks involved with this task include preparing the Draft EIR and Notice of Completion, and
attending a public hearing during the review period for the Draft EIR. These subtasks are described
below.
Draft EIR
DJP&A will revise the ADEIR, based upon the comments and revisions received from City
Staff and prepare a 2nd ADEIR and then a “Screencheck.” The 2nd ADEIR and the
Screencheck Draft EIR will be submitted in an electronic format to the City Staff for review
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1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
and final approval. Upon approval by City Staff, the final document will constitute the Draft
EIR, and DJP&A will provide copies of the Draft EIR to the City for public distribution.
This proposal includes providing the City with up to 30 hard copies and 5 CDs of the Draft
EIR for public distribution, a PDF of the document for posting on the City’s website, as well
as 15 hardcopies of the executive summary and 15 CDs of entire document for submittal to
the State Clearinghouse. If additional hard copies are requested they can be provided for a
per copy rate of $75.
Process: Revise ADEIR, submit 2nd ADEIR, revise and submit Screencheck to City for review →
City review → Finalize and print Draft EIR
Deliverables: An electronic copy of the Screencheck Draft EIR to facilitate tracking of City
comments/edits
Up to 30 hard copies and 20 CDs of the Draft EIR
A PDF of the Draft EIR on CD for posting on the City’s website
15 hardcopies of the executive summary and 15 CDs of the entire EIR for submittal
to the State Clearinghouse.
Notice of Completion
DJP&A will prepare the Notice of Completion (NOC), in accordance with the CEQA and
City of Cupertino guidelines. The NOC will include a brief description of the project, the
project location, and will state where copies of the Draft EIR are available for review. The
public review period will also be noted. DJP&A will submit an electronic draft of the NOC
to the City for review and comment. DJP&A will revise and finalize the NOC based on City
comments.
DJP&A will transmit the NOC and required copies of the EIR to the State Clearinghouse on
behalf of the City.
Process: Draft NOC and submit to City for review → City review → Revise and finalize NOC
and provide to City and SCH
Deliverables: An electronic copy of the draft NOC to facilitate tracking of City comments/edits
An electronic copy of the final NOC
Task 4: Final EIR
The subtasks involved with this task are preparing the Final EIR/Responses to Comments and
Mitigation Monitoring and Reporting Program (MMRP), compiling information in the EIR for the
City to use in preparation of the Findings, preparing the Notice of Determination (NOD). These
subtasks are described below.
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1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
Final EIR/Responses to Comments
Upon conclusion of the Draft EIR 45-day circulation period, DJP&A will prepare the Final
EIR. In conformance with CEQA Guidelines Section 15132, the Final EIR will consist of the
following items:
− Revisions to the Draft EIR text, as necessary;
− List of individuals and agencies commenting on the DEIR;
− Responses to comments received on the DEIR, as directed by the City Staff,
− Copies of letters or records of verbal comments received on the DEIR; and
− Summary records of public hearings, if requested.
All responses to written comments will be answered in accordance with the CEQA
Guidelines (Section 15088). This proposal includes 200 hours of DJP&A staff time to
respond to comments on the Draft EIR and prepare the Final EIR. This scope assumes that
no comments are received that require additional technical analysis. If additional time or
technical analysis is required to respond to the comments, it can be provided as an extra work
task, on a time and materials basis, in accordance with the charge rates outlined at the end of
this scope.
Up to five hard copies and an electronic version of the administrative version of the Final
EIR will be submitted to the City for review. The Final EIR will be revised per the
comments received, and a “Screencheck” Final EIR will be prepared and submitted
electronically to the City for review. Once the City approves the “Screencheck” Final EIR,
DJP&A will reproduce up to 30 hard copies of the Final EIR and deliver to the City for
distribution. A copy of the Final EIR will also be provided to the City in PDF format for
posting on the City’s website.
Process: Receive comments on Draft EIR from City → Prepare Administrative Draft Final EIR
and submit to City for review → City review → Revise document and submit
Screencheck Final EIR to City for review → City review → Revise, finalize, and print
Final EIR
Deliverables: Up to five (5) hard copies of the Administrative Draft Final EIR
An electronic copy of the Administrative Draft Final EIR text to facilitate tracking of
City comments/edits
An electronic copy of the Screencheck Final EIR text to facilitate tracking of City
comments/edits
Up to 30 hard copies of the Final EIR
A PDF of the Final EIR on CD for posting on the City’s website
Mitigation Monitoring and Reporting Program
As required by CEQA, DJP&A will prepare a draft Mitigation Monitoring and Reporting
Program (MMRP) for the project. The MMRP will identify the mitigation measures required
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
for all significant impacts, responsible implementation entity, monitoring schedule, and
enforcement or monitoring agency. DJP&A will submit an electronic copy of the draft
MMRP to the City prior to the ERC Meeting.
Process: Draft MMRP and submit to City for use
Deliverables: An electronic copy of the draft MMRP
Findings
Although we are not attorneys and do not prepare legal findings, DJP&A will assist City
Staff and the City Attorney in compiling information from the EIR for findings required
under CEQA Guidelines Section 15091, if requested to do so.
Process: Compile and submit information from the EIR for findings to City for use
Deliverables: An electronic copy of EIR information for findings
Notice of Determination
DJP&A will prepare a Notice of Determination (NOD), in accordance with the CEQA and
City of Cupertino guidelines. The NOD will include the project name (including State
Clearinghouse identification number), project location, brief project description, lead agency
and date of project approval, determination of the project’s environmental effects, statement
that the EIR was prepared and certified in accordance with CEQA, mitigation measures and
conditions of approval, statement that the MMRP was adopted, a statement whether
overriding considerations were adopted, and the address of where the Final EIR and record of
project approval may be examined.
DJP&A will submit an electronic copy of the draft NOD for the City’s review. Based on
comments received from the City, DJP&A will revise and finalize the NOD. DJP&A will
file the final NOD along with the California Department of Fish and Wildlife (CDFW) and
County filing fees at the State Clearinghouse and County Clerk.
Process: Draft NOD and submit to City for review → City review → Revise, finalize, and file
NOD at SCH
Deliverables: An electronic copy of the draft NOD
An electronic copy of the final NOD and filing fee for CDFW and County
Integrated EIR
After completion of the Final EIR, a ‘clean’ version of the entire EIR will be prepared and
provided to the City. This version will incorporate all corrections and changes made as a
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
result of comments received in a Final Integrated version of the EIR. One hard copy and one
electronic version will be provided. If additional hard copies are requested they can be
provided for a per copy rate of $75.
Process: Prepare and submit Integrated EIR for City use
Deliverables: A hard copy and electronic copy of Integrated EIR
Task 5: Meetings/Public Hearings, Project Management & Coordination
These subtasks includes DJP&A time for meetings, public hearings, and coordination with the
project team. The number of meetings are estimated to occur over an 18 month period, from March
2015 through August 2016. These subtasks are described below.
Project Team Meetings
It is assumed that DJP&A will participate in weekly project team meetings for the duration of
the work. This task also includes meeting preparation time and travel time.
Process: Coordinate with City in preparation for meetings → Attend and participate as needed at
project team meetings
Deliverables: An electronic copy of updated project status and schedule, as needed
Communication and Administration Coordination
This scope includes DJP&A time for regular communication between DJP&A’s in-house
staff, our subconsultants and City Staff for project management, administration, ongoing
project updates, etc.
Also, as part of this task, DJP&A will maintain files in a manner consistent with creating the
“CEQA Administrative Record.” DJP&A will provide the City with the appropriate files and
documents on a CD at the completion of the CEQA environmental process.
Process: Compile and submit CEQA Administrative Record from the EIR for City use
Deliverables: CD of CEQA Administrative Record
Public Meetings and Hearings
This task includes DJP&A time for two individuals from DJP&A to attend up to seven public
meetings or hearings during the 18 month period. This task assumes up to 8 hours per public
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
meeting and includes meeting preparation time and travel time. The DJP&A Project
Manager or Principal will be available to describe the environmental review process,
summarize the environmental issues, and respond to questions about the environmental
document at hearings. If requested, additional hearings/meetings will be attended on a time
and materials basis in accordance with the attached charge rates.
Process: Coordinate with City in preparation of hearings → Attend and participate as needed at
hearings
Deliverables: Presentation materials for hearings (PowerPoint slides, poster boards, etc.)
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
PROJECT INFORMATION REQUIRED TO PREPARE EIR
Our proposal is based on the assumption that DJP&A will receive the project details listed below
concurrent with the EIR Project Description in order to maintain the optimum schedule outlined
below. Delays in receiving any of the information listed below will result in at least day for day
delays to the overall project schedule.
Plans (in PDF)
□ Site plan, Landscape plan
□ Utility Plan/Drainage/Grading plans
□ Conceptual Building Elevations
□ Engineering survey
□ Building materials palette
□ Visual Renderings including high
resolution files of baseline
photography, Photosimulations, and
vantage point locations in the form of
arrows on a map
Project Detail
□ Written description of Specific Plan and specific development project, including maximum
square footage of all uses and maximum building height, setbacks, etc.
□ City and Applicant project objectives
□ Any proposed street dedication or ROW improvements (including sidewalks)
□ Details on project construction (total duration, estimated maximum depth of excavation, cut
and fill amounts, etc.)
□ Proposed construction phasing, overall duration
□ List of Best Management Practices (BMPs) and LID treatment proposed to conform to
Provisions C.3 of the NPDES permit
□ Square footage/area of pervious and impervious surfaces on-site pre- and post-project
construction
□ Sanitary sewer infrastructure data including: Pipe diameter, rim and invert elevations of
manholes/pipes for reach of sewer system needing to be modeled
□ Sanitary sewer flow rates for off‐site flows: Upstream flows for the required flow conditions
(e.g. Peak Dry Weather, Peak Wet Weather, etc), downstream flows for the required flow
conditions
□ Sanitary sewer generation rates: To be used to calculate on‐site development sewer flows,
unit rates to be based on dwelling unit for residential, per square foot for commercial/retail
and restaurant.
□ Sanitary sewer peaking factors: Established peaking factors for peak dry weather and peak
wet weather flow conditions.
Technical Studies
The following studies can be received four weeks after receipt of the EIR Project Description without
substantial schedule delays.
□ Air Quality/GHG Assessment
□ Arborist Survey and Summary Report
□ School Capacity Study
□ Preliminary Geotechnical Report
□ Phase I Environmental Site
Assessments completed within 180
days of the initiation of environmental
review
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
COST ESTIMATE
Based on our understanding of the project and technical reports that will be made available to
DJP&A, the cost for preparation of the EIR is estimated not to exceed $754,305, based upon the
breakdown below.
All costs will be charged on a time and materials basis, commensurate with work completed, in
accordance with the attached breakdown and charge rates. If DJP&A does not need all the time that
has been budgeted (e.g., the second round of peer review is not required), we will only bill for the
time actually spent completing the work.
This scope is valid for 90 days and assumes that no issues that arise will require any additional
technical analysis or documentation. In the event that additional technical analysis is required, we
can complete that work on a time and materials basis, upon your authorization. Project description
changes after our notice to proceed is received may have schedule and budget implications.
David J. Powers & Associates, Inc.
• In-House Staff Time
• Reimbursable expenses* (printing, mileage, CDs, etc.)
Subtotal DJP&A:
$ 331,730
$ 11,430
$ 343,160
Subconsultants*
• Cotton, Shires and Associates, Inc. (Geotechnical Peer Review)
• Cornerstone Earth Group (Hazardous Materials Peer Review)
• Fehr & Peers (Transportation Impact Analysis)
• Holman & Associates (Cultural Resources Assessment)
• Hortscience (Arborist Report Peer Review)
• Illingworth & Rodkin, Inc. (Air Quality/GHG Peer Review)
• Illingworth & Rodkin, Inc. (Noise and Vibration Assessment)
• Schaaf & Wheeler (Sewer and Recycled Water Capacity Study)
• Square One Productions (Visual Renderings Peer Review)
$ 5,750
$ 6,124
$ 256,795
$ 2,875
$ 2,244
$ 4,313
$ 31,165
$ 44,436
$ 9,488
Subconsultant Total: $ 363,190
TOTAL $ 706,350
Fehr & Peers Optional Tasks*
• Saturday Intersection Analysis (TIA Task 3.1)
• Project Phasing Analysis (TIA Task 7.1)
• Stevens Creek Boulevard VISSIM (TIA Task 9.1)
• TDM Analysis (TIA Task 15.1)
Fehr & Peers Optional Tasks Total:
$ 15,479
$ 7,946
$ 16,480
$ 8,050
$ 47,955
TOTAL WITH OPTIONAL TASKS $ 754,305
*Subconsultant and expenses include a 15% administrative fee. This scope of work is valid for 90 days.
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Vallco Redevelopment Project
Final Scope of Work – June 9, 2015
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
ESTIMATED SCHEDULE
DJP&A proposes the following optimum schedule for preparation of the EIR for the Vallco
Development project in Cupertino. DJP&A can commit to maintaining the schedule in the areas
which are within our control. Completion of the EIR, as described in this schedule on the following
page, is based upon receipt of all necessary project information on schedule. Delays in receiving
requested information or responses by others will result in at least day-for-day delays in the overall
schedule.
The schedule assumes that the project description will not substantially change once we receive a
notice to proceed, and that no comments are received during the circulation of the EIR that require
additional technical studies.
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DAVID J. POWERS & ASSOCIATES, INC.
EIR Schedule
Task 1: Defining the Project
(Specific Plan)
Task 4: Administrative Draft EIR Task 3: Revision of Screencheck/Preparation of Draft EIR and
Notice of Completion Public Review
Task 4: Final EIR
Task 5: Public Hearings
0 10 20 30 40 50
Defining the Project (Specific Plan)
EIR Kick-off Meeting
EIR Project Description and NOP Completed
30-day NOP Public Review Period
Public Scoping Meeting
EIR Technical Reports and Peer Reviews Completed
Administrative Draft EIR Completed
1st and 2nd ADEIR City Review and Revisions
Revision of Screencheck/Preparation of DEIR/NOC
45-day DEIR Public Review Period
Administrative Draft FEIR Completed
ADEIR/Screencheck ADFEIR City Review and Revisions
Revision of Screencheck/Preparation of FEIR
10-day FEIR Public Review Period
MMRP and NOD Drafted
Planning Commission Hearing
City Council Hearing
Vallco EIR Schedule
Duration (Weeks)
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David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
ATTACHMENTS
ATTACHMENT A - DJP&A Charge Rate Schedule
ATTACHMENT B - Transportation Impact Analysis Scope of Work
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ATTACHMENT A
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
DAVID J. POWERS & ASSOCIATES, INC.
Charge Rate Schedule 2
SENIOR PRINCIPAL $ 255.00 PER HOUR
PRINCIPAL PROJECT MANAGER $ 225.00 PER HOUR
SENIOR ENVIRONMENTAL SPECIALIST $ 200.00 PER HOUR
SENIOR PROJECT MANAGER $ 180.00 PER HOUR
ENVIRONMENTAL SPECIALIST $ 165.00 PER HOUR
PROJECT MANAGER $ 155.00 PER HOUR
ASSOCIATE PROJECT MANAGER $ 140.00 PER HOUR
ASSISTANT PROJECT MANAGER $ 115.00 PER HOUR
RESEARCHER $ 100.00 PER HOUR
DRAFTSPERSON/GRAPHIC ARTIST $ 90.00 PER HOUR
DOCUMENT PROCESSOR/QUALITY CONTROL $ 90.00 PER HOUR
ADMINISTRATIVE MANAGER $ 90.00 PER HOUR
OFFICE SUPPORT $ 75.00 PER HOUR
MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15%
ADMINISTRATION FEE.
MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT
THE TIME COSTS OCCUR.
SUBJECT TO REVISION DECEMBER 31, 2015
2 David J. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project proceeds, in
accordance with normal company billing procedures. The cost estimate prepared for this project does not include special
accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a
special invoice or accounting process is requested, the service can be provided on a time and materials basis.
99
ATTACHMENT B – Transportation Impact Analysis Scope of Work
David J. Powers & Associates, Inc.
1871 The Alameda • Suite 200 • San José, CA 95126 • Tel (408) 248-3500 • Fax (408 248-9641 • www.davidjpowers.com
100
Attachment B
SCOPE OF WORK
Transportation Impact Analysis for the Vallco Mall Redevelopment Project in
Cupertino, California
(June 8, 2015)
The approximately 58-acre project site is located near the intersection of Vallco Parkway and
Wolfe Road in Cupertino, California. The project site is generally bounded by I-280 to the north,
Perimeter Road to the east and west, and Stevens Creek Boulevard to the south. As currently
proposed, the project would redevelop the existing shopping mall with 2.0 million square feet of
office uses, 600,000 s.f. of commercial uses, and 800 housing units.
The purpose of this transportation impact analysis (TIA) is to identify potentially significant
adverse impacts of the proposed project on the surrounding transportation system and to
recommend mitigation measures, if needed. The impacts will be evaluated following guidelines of
the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA), the congestion
management agency for Santa Clara County. This TIA will follow the most recently adopted VTA
Transportation Impact Analysis Guidelines (October 2014).
ANALYSIS CONTEXT
In December 2014 Cupertino’s City Council adopted its Community Vision 2040, which amended
the City’s General Plan. In response to Senate Bill (SB) 743, which requires alternatives to
automobile level of service (LOS) for evaluating transportation impacts, the updated General Plan
no longer includes a LOS standard for intersection operations. Rather, the Mobility Element of the
Community Vision 2040 includes guidance to balance the needs of all modes of transportation
through measures such as vehicles miles traveled (VMT) and multi-modal analysis methods.
Although SB 743 has been adopted at the State level, the Office of Planning and Research (OPR)
does not anticipate releasing guidelines on how to implement it until late 2015 or early 2016;
therefore the City is applying a hybrid approach that maintains the previous level of service
standard thresholds for City intersections, while also providing a more focused analysis on transit,
bicycle, and pedestrian access.
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SCOPE OF WORK
The scope outlined below includes our approach to conduct the TIA.
Analysis Locations
Based on our preliminary assessment, the following intersections and freeway segments are
proposed for the LOS analysis. The study locations will be finalized in Task 1 below.
CMP Study Intersections:
Intersections where the project is anticipated to add more than ten trips per lane were selected
for analysis, which include:
1.Stevens Creek Boulevard / SR 85 Ramps (south)
2.Stevens Creek Boulevard / SR 85 Ramps (north)
3.Stevens Creek Boulevard / Stelling Road
4.De Anza Boulevard / I-280 Ramps (north)
5.De Anza Boulevard / I-280 Ramps (south)
6.De Anza Boulevard / Stevens Creek Boulevard
7.De Anza Boulevard / Bollinger Road
8.De Anza Boulevard / SR 85 Ramps (north)
9.De Anza Boulevard / SR 85 Ramps (south)
10.Wolfe Road / El Camino Real
11.Wolfe Road / Fremont Avenue
12.Wolfe Road / I-280 Ramps (north)
13.Wolfe Road / I-280 Ramps (south)
14.Wolfe Road / Stevens Creek Boulevard
15.Lawrence Expressway / Homestead Road
16.Stevens Creek Boulevard / Calvert Drive / I-280 Ramps (west)
17.Stevens Creek Boulevard / I-280 Ramps (east)
18.Stevens Creek Boulevard / Lawrence Expressway Ramps (west)
19.Stevens Creek Boulevard / Lawrence Expressway Ramps (east)
20.Lawrence Expressway / I-280 Southbound Ramps
21.Lawrence Expressway / Bollinger Road
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City of Cupertino and Santa Clara County Intersections:
Additional City and County intersections that would be most directly affected by project traffic
were selected for analysis. These include:
22.Stevens Creek Boulevard/Torre Avenue-Vista Drive
23.Stevens Creek Boulevard/Blaney Avenue
24.Stevens Creek Boulevard/Portal Avenue
25.Stevens Creek Boulevard/Perimeter Road
26.Stevens Creek Boulevard/Finch Avenue
27.Stevens Creek Boulevard/Tantau Avenue
28.Wolfe Road/Homestead Road
29.Wolfe Road/Apple Campus 2 Driveway
30.Wolfe Road/Pruneridge Avenue
31.Wolfe Road/Vallco Parkway
32.Miller Avenue/Calle De Barcelona
33.Miller Avenue/Phil Lane
34.Miller Avenue/Bollinger Road
35.Tantau Avenue/Homestead Road
36.Tantau Avenue/Pruneridge Avenue
37.Tantau Avenue/Vallco Parkway
38.Lawrence Expressway/Pruneridge Avenue
39.Lawrence Expressway/Mitty Way
40.Lawrence Expressway/Doyle Road
CMP Freeway Segments:
Per VTA TIA Guidelines, freeway segments where the project is anticipated to add more than one
percent of the segment’s capacity will be selected for analysis. This scope of work includes the
analysis of up to 30 freeway segments on I-280 and ten freeway segments on State Route (SR) 85.
Analysis Scenarios
The operations of the intersections will be evaluated during the weekday morning (AM) and
weekday evening (PM) peak hours for the following scenarios:
Scenario 1: Existing Conditions – Existing volumes obtained from counts.
Scenario 2: Existing Plus Project Conditions – Scenario 1 volumes plus traffic generated by
the proposed project.
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Scenario 3: Background Conditions – Existing volumes plus traffic from “approved but not yet
built” and “not occupied” developments in the area and their required
transportation system requirements.
Scenario 4: Background Plus Project Conditions – Scenario 3 volumes plus traffic generated
by the proposed project.
Scenario 5: Cumulative No Project Conditions – Background No Project volumes (Scenario 3)
plus traffic generated by pending developments in the area and growth. Traffic
projections for this scenario may be tiered off the General Plan analysis.
Scenario 6: Cumulative Plus Project Conditions – Scenario 5 volumes plus traffic generated by
the proposed project.
Per VTA guidelines, a transit vehicle delay analysis will be conducted for Existing Plus Project
conditions and project impacts on bicycle and pedestrian facilities will also be addressed. Fehr &
Peers will complete the following tasks to evaluate the transportation impacts of the proposed
project.
Task 1 – Prepare Initial Trip Generation Estimations and Finalize Scope of Work
Under this task, we will develop initial project trip generation estimates. While standard ITE rates
are used to estimate project trips for some projects, VTA’s TIA Guidelines specifically state that
this may not be the most appropriate method for estimating project trips and that the lead
agency should consider using alternative methods in the following four cases:
When ITE data is insufficient (e.g. small sample size, not statistically valid);
When a project’s specific land use is not covered by the ITE manual or is known to show
trip generation characteristics that differ from the categories covered in the ITE manual;
When the land use context, such as high-density infill or development adjacent to
transit, is not addressed by the ITE manual;
When the project includes a mix of land uses (mixed-use development type).
The Vallco Redevelopment Project meets both of the last two criteria outlined above. Alternative
methods to ITE identified by VTA include the NCHRP 8-51 method, which is integrated into our
MXD+ tool, which will be used in the estimation of project trip generation. Fehr & Peers’
MainStreet tool (asap.fehrandpeers.com/mainstreet), utilizes the MXD+ platform, which has been
acknowledged by VTA as an appropriate tool to quantify trip generation of mixed-use
developments.
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Once estimates of vehicle trip generation have been developed, the directions of approach an d
departure will be estimated based on the locations of complementary land uses, existing travel
patterns in the area, and previous studies conducted in the area. The project vehicle trip
generation estimates, distribution pattern, and assignments will be refined to respond to
comments received from City staff. The VTA Auto Trip Reduction Statement (Appendix C in the
VTA TIA Guidelines) will be completed and provided as an attachment to the transportation study.
Task 2 – Data Collection
We have already collected most necessary intersection count data under a separate contract
directly with the City, with the exception of the following five locations:
22. Stevens Creek Boulevard/Torre Avenue-Vista Drive
24. Stevens Creek Boulevard/Portal Avenue
25. Stevens Creek Boulevard/Perimeter Road
32. Miller Avenue/Calle De Barcelona
33. Miller Avenue/Phil Lane
As part of this task, we will collect existing AM (7:00 to 10:00 AM) and PM (4:00 to 7:00 PM) peak
period intersection counts (including pedestrian, bicycle, and vehicular turning movement
volumes) prior to Memorial Day (May 25th, 2015) when many area schools begin to have irregular
schedules due to upcoming summer breaks.
Task 3 – Evaluate Existing Conditions
We will use the level of service (LOS) method approved by VTA, which is currently based on the
2000 Highway Capacity Manual, to analyze the study intersections and freeway segments.
Operations of the study intersections will be evaluated for mid-week AM and PM peak hour with
level of service calculations using TRAFFIX analysis software.
Existing freeway segment operations will be obtained from the most recent CMP monitoring
report.
Optional Task 3.1: Evaluate Saturday Intersection Operations
Saturday peak hour analysis is not included in our initial scope of work, since only the retail uses
would primarily add trips to the roadway network (i.e. office and housing uses have relatively low
Saturday peak hour trip generation rates). Additionally, the surrounding roadway network
generally has greater excess capacity on weekends to accommodate retail traffic. As an optional
105
task, Fehr & Peers can conduct a focused analysis of weekend operations along Wolfe Road
(Homestead Road to Stevens Creek Boulevard) and Stevens Creek Boulevard (Perimeter Road to
Lawrence Expressway) using TRAFFIX analysis software for the “No Project” and “Plus Project”
scenarios under Existing and Background Conditions. This task would require additional data
collection to capture existing weekend peak period traffic volumes.
Task 4 – Evaluate Existing Plus Project Conditions
The project trip generation estimates, distribution pattern, and assignments developed in Task 1
will be refined to respond to comments received from City staff. Project trips will be added to the
existing traffic volumes developed in Task 2 to represent Existing Plus Project Conditions.
Calculations will be conducted to estimate the LOS of the study intersections during the AM and
PM peak hours with completion of the proposed project. AM and PM peak hour freeway segment
level of service calculations will be evaluated following VTA guidelines. Additionally, a left-turn
queuing evaluation will be conducted for intersections where the project is adding considerable
left-turn volumes during the AM and PM peak hours. (The fee is based on evaluating up to ten
left-turn movements.)
Task 5 – Evaluate Background Conditions
Traffic projections for approved developments will be obtained from their respective TIAs (to be
provided by City staff) or estimated using ITE trip generation rates to account for local growth in
the area. These projections will be added to the existing volumes to estimate traffic volumes for
Background Conditions. Planned and funded roadway and intersection improvements associated
with the approved projects will be included in the analysis. AM and PM peak hour intersection
level of service calculations will be conducted to evaluate the operating levels of the key
intersections.
AM and PM peak hour freeway segment level of service calculations will be evaluated as
described in Task 6. This scope of work assumes that VTA will provide Fehr & Peers Year 2020
model projections for the study freeway segments. Alternatively if VTA is not able to provide 2020
freeway volumes, Fehr & Peers will use available data to develop a growth factor to apply to the
existing freeway volumes obtained from the most recent CMP monitoring report.
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Task 6 – Evaluate Background Plus Project Conditions
The project trip estimates developed in Task 1 will be added to the background traffic volumes
developed in Task 5 to represent Background Plus Project Conditions. Calculations will be
conducted to estimate the LOS of the study intersections during the AM and PM peak hours after
completion of the proposed project. Additionally, a left-turn queuing evaluation will be
conducted.
Under Background Conditions, traffic impacts on CMP freeway segments in Santa Clara County
will be identified when the addition of traffic causes a freeway segment ’s volume-to-capacity
(V/C) ratio to exceed one (1.0) and the proposed project increases traffic demand on that
segment by an amount equal to one percent or more of the segment capacity.
Task 7 – Evaluate Cumulative Conditions
The trip generation estimates developed in Task 1 will be compared to the level of trip generation
assumed for the site in the newly adopted General Plan. This information will allow for an
evaluation of General Plan Consistency as part of the Environmental Impact Report. We will use
the traffic projections developed for the General Plan to develop Cumulative No Project
intersection turning movement volume projections. The General Plan trip estimates for the site
will be subtracted from project trip estimates developed in Task 1 and added to the Cumulative
No Project volumes to represent Cumulative Plus Project Conditions. Calculations will be
conducted to estimate the LOS of the study intersections during the AM and PM peak hours with
and without completion of the proposed project.
Under Cumulative Conditions, traffic impacts on CMP freeway segments in Santa Clara County will
be identified per the methodology described in Task 6. This scope of work assumes that VTA will
provide Fehr & Peers Year 2040 model projects for the study freeway segments.
Optional Task 7.1: Evaluate Project Phasing
As an optional task, we will evaluate up to three additional cumulative scenarios that estimate
project buildout in phases. For example, if the project is built in two phases, a Cumulative with
Phase I Conditions and a Cumulative with Phase I and Phase II conditions can be conducted.
107
Task 8 – Identify Significant Impacts and Recommend Mitigation Measures
The results of the level of service calculations for Existing Conditions could be compared to the
results for Existing Plus Project Conditions to identify project impacts under CEQA at the key
locations. Similarly, the results of the level of service calculations for Background and Cumulative
Plus Project Conditions will be compared to the results for the appropriate No Project Conditions
to identify project impacts under City and CMP guidelines. Additionally, we will evaluate impact
thresholds related to possible project phasing at up to six intersections under all three analysis
scenarios. The impact threshold evaluation will include determining the trip generation threshold
at which point impacts are triggered. This information can be used by the City and project
applicant to determine possible phasing of the redevelopment project.
Mitigation measures will be identified for locations with impacts. These will include capacity
enhancement such as lane additions and lane reassignment. Modifications to intersection
operations, including changes to signal phasing and timing will also be considered. If more
substantial capacity enhancements are needed, they will be identified, and the project’s fair share
contribution (in terms of peak hour traffic volumes) will be calculated. Measures to reduce the
project’s traffic demand, such as through Transportation Demand Management (TDM) measures
will also be identified.
The effect of the project (or identified mitigation measures) on transit and bicycle and pedestrian
facilities will be evaluated in terms of conflicts with existing or planned facilities or creation of
hazardous conditions for bicyclists or pedestrians.
Additionally, project impacts to transit capacity will be evaluated by comparing the projected
ridership to the capacities of the VTA bus routes near the site. Transit vehicle delay will be
evaluated.
Task 9 – Conduct Focused Corridor Analysis and Evaluate Site Access
To effectively evaluate access to the site and balance the needs of all modes (pedestrians,
bicyclists, transit users, and vehicles), Fehr & Peers will create a VISSIM microsimulation model to
evaluate operations of the Wolfe Road corridor between the Homestead Road and Stevens Creek
Boulevard and the Vallco Parkway corridor between Wolfe Road and Tantau Avenue under
Background plus Project Conditions. We will update the VISSIM model created for the Apple
Campus 2 project by incorporating the Background Plus Project volumes developed in Task 6,
plus the approved lane geometries and proposed signal timings along Wolfe Road. We will use
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the model to evaluate roadway operations, to assess the effects of the proposed driveways on
Wolfe Road and Vallco Parkway, and to identify improvements to reduce congestions and
bottlenecks. Improvements may include signal timing and phasing changes, added lanes, lane
reassignments, turn pocket extensions and other geometric changes.
Using the results from the VISSIM model and the most recent site plan, we will conduct a site
access and circulation assessment to ensure safe and efficient circulation of vehicles, including
delivery vehicles, bicycles and pedestrians around the Project site and on the roadways adjacent
to the Project site, including:
Site access and interface with roadway network
Delivery vehicle access/circulation and loading zone design
Parking garage access and circulation
Emergency vehicle access and circulation
Vehicular circulation and roadway sizing within the site
Pedestrian access and circulation within and adjacent to the site
Bicycle access and circulation within and adjacent to the site
Transit access to the site
Pedestrian access to and from transit stops
This assessment will be conducted for one site plan. Evaluation of additional project
plans/permutations will be conducted as an additional service on a time and materials basis.
Optional Task 9.1: Conduct Corridor Analysis along Stevens Creek Boulevard
As an optional task we will expand the study area for the corridor analysis to include the Stevens
Creek Boulevard between Perimeter Road and Lawrence Expressway. The estimated cost for this
optional task, assuming the same analysis parameters as outlined in Task 9, is $15,000.
Task 10 – Evaluate Ramp Queueing
As part of this task, we will evaluate queuing at the on- and off-ramps at the I-280/Wolfe Road
and I-280/Lawrence Expressway interchanges due to the added traffic from the Project.
Specifically, we will compare the queue results to the available ramp storage capacity under all
three plus Project analysis scenarios.
109
Within the study area freeway on-ramps are equipped with ramp meters. The on-ramp analysis
will conducted using basic ramp-metering analysis principals and existing ramp-metering plans
from Caltrans. The off-ramp queues will be evaluated using ramp-terminal intersection queue
estimates from the intersection LOS calculations (using TRAFFIX 8.0 software package).
Task 11 – Evaluate Parking Supply
The proposed parking supply will be evaluated in comparison to City Code requirements. The
projected demand will be evaluated using ITE rates and shared parking, where apporpriate. The
potential for parking demand spillover to adjacent streets and neighborhoods will be evaluated.
Task 12 – Estimate VMT
Fehr & Peers will prepare an estimate of the vehicle miles traveled (VMT) due to the project for
use in greenhouse gas (GHG) emissions estimation and in response to SB 743. We will develop
the average trip lengths based on a select zone analysis from the City of Cupertino travel demand
model. The VMT estimates will be prepared in 5 mile per hour speed bins. These estimates would
be used by another consultant to estimate GHG emissions.
Task 13 – Conduct Neighborhood Intrusion Analysis
The proposed project has the potential to add traffic to the residential streets in adjacent
neighborhoods, including the area north of Stevens Creek Boulevard between Blaney Avenue and
Wolfe Road as well as Miller Avenue just south of Stevens Creek Boulevard. The amount of project
traffic potentially added to these areas and measures to reduce it will be addressed in the TIA.
Task 14 – Evaluate Construction Traffic
Construction traffic impacts will be evaluated using the estimated number of trucks and
construction workers that will be on site on a given day and the rerouting of traffic that may occur
with road detours or staging. Construction parking will also be evaluated based on the number of
workers and construction phasing. It is assumed that construction activity information will be
provided by the project sponsor. The construction traffic will also take into account other
construction activity occurring in the area. If construction impacts are identified, mitigation
measures such as a construction traffic management plan will be listed and will ultimately include
truck routes and construction hours. This task includes up to 40 staff hours to evaluate potential
construction traffic impacts.
110
Task 15 - Review Transportation Demand Management (TDM) Program
We will review the TDM program being developed by the project applicant to evaluate the
reasonableness of the proposed TDM measures and expected TDM reductions goals. We will use
our TDM+ tool to estimate the TDM reductions that could be achieved from the proposed office
developments. This task includes up to 20 hours to review the proposed TDM program.
Optional Task 15.1: Evaluate Effects of TDM Program
If the proposed TDM program proposes greater reductions than accounted for in Project’s trip
generation estimates in Task 1, we can evaluate the effect of those trip reductions on the
significant impacts and mitigation measures at intersections and freeway segments.
Task 16 – Prepare Documentation
We will document our findings in a report that will include text, graphics, and tables to describe
study analysis methods and results, the potential transportation impacts of the proposed project,
and corresponding mitigation measures. We will submit the Administrative Draft TIA in electronic
format for review by the City and David J. Powers and Associates (DJP). This scope assumes up to
40 staff hours to respond to all comments on the Administrative Draft TIA report and preparing
the Draft TIA.
Fehr & Peers will submit the Draft TIA in electronic format for review by the City, VTA, DJP, and
other agencies as applicable. This proposal assumes up to 20 staff hours to respond to comments
on the Draft TIA report. Once the comments have been incorporated, we will produce a Final TIA
and submit an electronic for inclusion in the Draft Environmental Impact Report.
This proposal assumes up to 40 staff hours to respond to agency and public comments on the
Draft EIR. Comments requiring additional technical analysis or additional staff time beyond the
number of hours budgeted will be considered additional services and will only be conducted
upon written authorization and billed on a time-and-materials basis.
Task 17 – Attend Meetings
The scope of work includes attendance at one kick-off meeting, 20 conference calls, six in-person
project meetings, two study sessions, and two public hearings. Attendance at additional
conference calls, meetings, or public hearings will be conducted upon receipt of written
authorization and billed on a time-and-materials basis.
111
Additional Services
The scope of work has been tailored to meet the specific requirements of this project. However,
during the course of the study, additional services may be required. Additional services that are
beyond the scope of this study include, but are not limited to, conducting more than five AM and
PM peak period intersection counts, evaluating additional study locations or project descriptions,
preparing conceptual designs of mitigation measures, responding to comments requiring more
than the designated hours, and attending more than one kick-off meeting, 20 conference calls, six
project meetings, two study sessions, and two public hearings. Fehr & Peers will conduct
additional services only upon receipt of written authorization.
112
113
114
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0924 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/5/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place Restaurant &
Bar, 10050 S De Anza Boulevard
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:ApplicationforAlcoholicBeverageLicenseforCypressHotel&ParkPlace
Restaurant & Bar, 10050 S De Anza Boulevard
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
AlcoholicBeverageControlforCypressHotel&ParkPlaceRestaurant&Bar,10050SDe
Anza Boulevard
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: June 16, 2015
Subject
Alcoholic Beverage License, Cypress Hotel & Park Place Restaurant & Bar, 10050 S De
Anza Boulevard
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Cypress Hotel & Park Place Restaurant &
Bar, 10050 S De Anza Boulevard.
Description
Name of Business: Cypress Hotel& Park Place Restaurant & Bar
Location: 10050 S De Anza Boulevard
Type of Business: Hotel & Restaurant
Type of License: 47 – On-Sale General – Eating Place (Restaurant)
58 – Caterer Permit
66 – Controlled Access Cabinet
68 - Portable Bar
Reason for Application: Person-to-Person Transfer, Annual Fee, Issue Temporary
Permit
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, wine and distilled spirits for consumption
on the licenses premises and authorizes the sale of beer and wine for consumption off
the licenses premises.
License Type 58 authorizes the sale of alcoholic beverages for consumption on the
licenses premises for a specific catered event.
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
116
June 23, 2014 Cupertino City Council page 2
License Type 66 authorizes the sale of alcoholic beverage by a hotel or motel to its
registered guests by means of a controlled access alcoholic beverage cabinet located in
the guestrooms of registered guests that is accessible by key, magnetic card or similar
device.
License Type 68 authorizes the sale of distilled spirits for consumption on the licenses
premises, which has other rooms on the premises can be utilized for the same purposes,
by means of a portable bar counter that may be moved to different room
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, 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
117
118
119
120
121
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0925 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/5/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Application for Alcoholic Beverage License for Apple Green Bistro, 10885 N Wolfe Road
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:ApplicationforAlcoholicBeverageLicenseforAppleGreenBistro,10885NWolfe
Road
Application for Alcoholic Beverage License for Apple Green Bistro, 10885 N Wolfe Road
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: June 16, 2015
Subject
Alcoholic Beverage License, Apple Green Bistro, Inc, 10885 N Wolfe Road
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Apple Green Bistro, Inc, 10885 N Wolfe
Road.
Description
Name of Business: Apple Green Bistro, Inc
Location: 10885 N Wolfe Road
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer and Wine – Eating Place (Restaurant)
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 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This address is located in the Cupertino Village Shopping Center on East Homestead
and North Wolfe Roads.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, 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
123
124
125
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0872 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/11/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Contractual Janitorial Services, Project No. 2015-23.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract for Janitorial Services
B - Draft Resolution to amend FY 15/16 Operating Budget
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:Contractual Janitorial Services, Project No. 2015-23.
1.AwardcontractforJanitorialServices,ProjectNo.2015-23,toIMPECGroup,Inc.inthe
amount of $592,308.76;
2.AuthorizetheCityManagertonegotiateandexecuteanagreementwiththeCountyofSanta
ClaratoreimburseCityforannualcostsof$22,422.40foradditionaljanitorialservicesatthe
Library; and
3.AdoptResolutionNo.15-054amendingapprovedFY15/16OperatingBudgetbyan
additional amount of $181,000 for janitorial services
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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1
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: June 16, 2015
Subject
Contractual Janitorial Services, Project No. 2015-23.
Recommended Action
Staff recommends Council take the following actions:
1. Award contract for Janitorial Services, Project No. 2015-23, to IMPEC
Group, Inc. in the amount of $592,308.76;
2. Authorize the City Manager to negotiate and execute an agreement with
the County of Santa Clara to reimburse City for annual costs of $22,422.40
for additional janitorial services at the Library; and
3. Adopt Draft Resolution amending approved FY 15/16 Operating Budget
by an additional amount of $181,000 for janitorial services.
Discussion
This contract is for annual janitorial services needed at fourteen City facilities, as
well as various bus stop and City park restroom locations. The term of the
contract is three years, starting on July 1, 2015, and can be extended on a year-to-
year basis for two additional one-year terms, for a total of five years. Upon one
year satisfactory performance, the contract price will be increased or decreased
based on the consumer price index (CPI) for all union wage earners.
The following is a summary of the bids received for the project:
BIDDER Base Bid Additional
Janitorial Services
at Library
TOTAL
IMPEC Group, Inc. $569,886.36 $22,422.40 $592,308.76
Flagship Facility
Services, Inc.
$919,464.00 $17,916.00 $937,380.00
127
2
IMPEC Group, Inc. (formally Clean Innovation, Inc.) has been the City’s current
provider of contract Janitorial Services since 2007. Their work has been
satisfactory and the current annual cost for Janitorial Services is $393,122. The
increase of over $176,000 for the base bid is due in part to the addition or
expansion of several facilities including the Environmental Education Center, all
Blackberry Farm buildings, and increases in labor costs due to State or Federal
law.
At the request of Santa Clara County, bidders were asked to provide a bid for a
Saturday/Sunday porter at the Library. The bid amount ($22,422.40) received
from IMPEC Group for this additional work at the Library is not included in the
above base bid. Shortly after receipt and review of the bids, the County indicated
that it will authorize/reimburse the City for this additional requested service. An
agreement to detail the necessary roles and responsibilities of the County and the
City relative to this additional work will be negotiated and executed prior to the
additional services being performed.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Approximately $412,000 was budgeted in the FY15/16 operating budget for
janitorial services. Draft Resolution 15-XXX will increase the available budget by
$181,000 for a total available budget of $593,000. County Library will be
responsible to reimburse the City annually an amount of $22,422 for additional
janitorial services at the Library.
_____________________________________
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. Draft Contract for Janitorial Services
B. Draft Resolution to amend FY 15/16 Operating Budget
128
ATTACHMENT A
City of Cupertino
2015 Contractual Janitorial Services
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of , 2015 , by and between ________________________
[Name of Contractor] whose place of business is located at
__________________________________________________________, ____________________ [Address of
Contractor] (“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 _______________, 2015 awarded to Contractor the following
Project:
PROJECT NUMBER 2015-23
2015 JANITORIAL SERVICES
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 se
Specifications 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 of 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:
10555 Mary 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 July 01, 2015. 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.
The term of this contract shall be three (3) years from the start date of the contract. The City shall retain the
option to extend the term of the contract on a year-to-year basis not exceeding two (2) years from the
expiration date of the original term, for a possible total of four (5) years.
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer
inefficiency in the form of lost production 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
129
ATTACHMENT A
City of Cupertino
2015 Contractual Janitorial Services
allowed in accordance with the Contract Documents. Consistent with Document 00700 (General
Conditions), 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 The CONTRACTOR shall diligently prosecute the work to completion as scheduled in the
Technical Provisions. The Contractor further understands that he shall pay to the City of Cupertino
One Hundred Fifty Dollars ($150.00) per day, for each and every occurrence that a service item
(task as specified in the Technical Provisions) is not completed within the required times per facility.
The Contractor further understand that he shall pay to the City of Cupertino One Thousand Dollars
($1000.00) per day, for each and every occurrence were all the services at a facility were not
completed within the required times per facility. This does not relieve the Contractor from his
responsibilities of completing the required services that were not completed as scheduled. Any
service not completed as scheduled shall be completed as soon as possible and at the Contractor’s
expense.
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.
Contractor should be aware that California Department of Fish and Game, and other State and Federal
agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and
endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered
species protection requirements.
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 the completed Schedule of Bid Prices (Document 00400)
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 various City owned buildings and other locations requiring janitorial services 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, which are identified in Document 00320
(Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the
Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General
Conditions) of the limited extent of the information contained in such materials upon which Contractor may
be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and
shall not rely on any other information contained in such reports and drawings.
5.3 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
130
ATTACHMENT A
City of Cupertino
2015 Contractual Janitorial Services
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 Conditions); 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 00400 Bid Form
Document 00411 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00455 Insurance
Document 00457 Proposed Staffing Schedule
Document 00460 Schedule of Major Equipment and Materials Suppliers
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00505 Notice of Intent to Award
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Document 00850 Technical Conditions
Addenda(s)
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Documents
00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information
supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
131
ATTACHMENT A
City of Cupertino
2015 Contractual Janitorial Services
ARTICLE 7. MISCELLANEOUS
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) 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 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).
7.7 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, and Chapter 5.
7.8 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and
Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, and Part 18. In addition,
the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management
and Budget Circular A-87. The Contractor agrees that a reference to either Office of Management and
Budget (OMB) Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is
applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts
entered into as a result of this contract.
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and
year first above written
\
132
ATTACHMENT A
City of Cupertino
2015 Contractual Janitorial Services
2015 CONTRACTUAL JANITORIAL SERVICES
Name: Roger S. Lee Name:
Title: Assistant Director of Public Works Title:
Address: 10555 Mary Ave., Cupertino, CA 95014 Address:
Phone: 408-777-3350 Phone:
Facsimile: 408-777-3399 Facsimile:
AMOUNT: $
ACCOUNT NUMBERS:
FILE NO.:
NOTARY ACKNOLEDGEMENT IS
REQUIRED. IF A CORPORATION,
CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND
FEDERAL TAX ID ARE REQUIRED. IF NOT A
CORPORATION SOCIAL SECURITY NO. IS
REQUIRED
END OF DOCUMENT
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of
the State of California
[_Contractor’s name_]
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: By:
I hereby certify, under penalty of perjury, that David
Brandt, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City
of Cupertino by a majority vote of the City Council on:
[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.___________________________
133
1
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A CONTRACT WITH IMPEC GROUP, INC. FOR JANITORIAL
SERVICES, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AN AGREEMENT WITH THE COUNTY OF SANTA CLARA LIBRARY DISTRICT
FOR REIMUBURSEMENT, AND AUTHORIZING AN AMENDMENT TO FY15/16
ANNUAL OPERATING BUDGET TO APPROPRIATE AN ADDITIONAL $181,000 TO
PUBLIC WORKS FOR THIS PURPOSE
WHEREAS, the City of Cupertino (City), a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California
(City) is authorized to enter contracts on its behalf and for the benefit of the City; and
WHEREAS, the City completed the formal bidding process for the 2015 Contractual
Janitorial Services; and
WHEREAS, IMPEC GROUP, INC. was selected as the lowest responsible bidder; and
WHEREAS, the additional reasons supporting the entrance of the City into the Contract
for Janitorial Services is set forth in detail in the staff reports and hearings for June 16,
2015 Council meetings and are incorporated herein by reference; and
WHEREAS, the consideration by the City Council of the adoption of this Resolution has
been duly noticed pursuant to applicable laws and Council provided members of the
public an opportunity to comment and be heard and considered all testimony and
evidence in connection with the adoption of this Resolution; and
WHEREAS, the City Council determines that the adoption of this Resolution is in the
public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does herby find, determine, and resolve that
the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
134
2
a. The City Manager is authorized to negotiate and execute the contract with
IMPEC Group, Inc., in substantially similar form as presented to Council on
June 16, 2015, in the amount of $592,308.76, and is further authorized to
negotiate and execute options within the Agreement, subject to future
appropriations; and
b. The City Manager is authorized to negotiate and execute an agreement with
the Santa Clara County or Santa Clara County Library District seeking
reimbursement of janitorial services at the Cupertino Library in the amount of
$22,422.40; and
c. The Fiscal Year 2015/2016 Annual Operating Budget is amended to include an
increase of $181,000.00 for the additional costs above the $412,000.00 amount
as previously budgeted.
Section 3: Effective date: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
135
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0907 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/27/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Approve a semi-rural designation eliminating the requirement for sidewalks on Tulita Court
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Site Map
B - Draft Resolution
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:Approveasemi-ruraldesignationeliminatingtherequirementforsidewalksonTulita
Court
Adopt Resolution No. 15-055 designating Tulia Court as semi-rural
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 16, 2015
Subject
Approve a semi-rural designation eliminating the requirement for sidewalks on Tulita
Court
Recommended Action
Adopt Draft Resolution designating Tulia Court as semi-rural.
Background
In the past, a number of residential property owners and neighborhood residents
voiced objections to the City Municipal Code requirement that City standard curb,
gutter, sidewalk, and streetlights be installed along their street frontages as a condition
of their residential building permits. The typical street improvement requirements call
for sidewalk to be installed behind curb and gutter on both sides of the street. In
general, the objecting property owners felt that their neighborhoods were of a rural or
semi-rural character that would be compromised if the normal concrete curb, gutter and
sidewalk, and streetlight improvements were applied.
On October 20, 2003, the City Council amended Chapter 14.04.040 of the Cupertino
Municipal Code by establishing criteria to be used for designating certain streets or
neighborhoods as rural or semi-rural in nature. Such a designation allows modified
street improvement standards for local streets that are not covered under the hillside
development provisions of the Code. Certain findings concerning neighborhood
consensus, safety, and drainage form the basis of the criteria.
Property owners along Tulita Court (as shown on Attachment A) have circulated a
petition in support of altering their neighborhood designation to semi-rural, foregoing
the future installation of sidewalks. As required by Code, at least two thirds of
property owners along Tulita Court have signed in support of the semi-rural
designation. For this petition, all six property owners adjacent to Tulita Court have
signed in support of the designation.
137
This semi-rural application applies to properties on Tulita Court only. The two
properties on the corner of Tulita Court and Flora Vista Drive would still be required to
install sidewalk along their Flora Vista Drive frontages at the time of development. The
semi-rural designation of Tulita Court would be consistent with the neighborhood’s
character.
The cul-de-sac street is not designated as a safe route to school and the existing curb
and gutter allows for adequate drainage. Further, Tulita Court does not have either
vehicular or pedestrian through access. Based on the recorded accident history, there
have been no accidents reported on Tulita Court in the past five years.
Sustainability Impact
There is no sustainability impact.
Fiscal Impact
There is no financial impact.
_____________________________________
Prepared by: Chad Mosely, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Site Map
B – Draft Resolution
138
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Proposed Semi Rural Area
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Vista frontage ¯
ATTACHMENT A
139
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A SEMI-RURAL DESIGNATION FOR TULITA COURT
WHEREAS, property owners along the frontages of Tulita Court have circulated a
petition in support of altering their neighborhood designation to semi-rural; and
WHEREAS, over 2/3 of the property owners have signed in support of waivin g
sidewalk requirements for this street.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves
a semi-rural designation for Tulita Court.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this June 16, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
City Clerk Mayor, City of Cupertino
140
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0779 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/16/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: 2015 Pavement Maintenance Project - Phase 2, Project No. 2015-24
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - List of Streets to Receive Pavement Maintenance Treatment
B - Draft Contract
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: 2015 Pavement Maintenance Project - Phase 2, Project No. 2015-24
AuthorizetheCityManagertoawardacontracttoVSSInternational,Inc.,intheamountof
$714,000 and approve a construction contingency of $71,400, for a total of $785,400
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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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: June 16, 2015
Subject
2015 Pavement Maintenance Project – Phase 2, Project No. 2015-24
Recommended Action
Authorize the City Manager to award a contract to VSS International, Inc., in the
amount of $714,000 and approve a construction contingency of $71,400, for a total of
$785,400.
Discussion
On June 2, 2015, the City received two bids for the 2015 Pavement Maintenance Project
– Phase 2 This project provides for various preventative maintenance asphalt treatments
on over 40 streets throughout the City. The majority of these streets are in residential
areas on streets that are in fair condition. The timely application of a preventative
treatment, such as a slurry seal, will improve the pavement condition before it worsens
and necessitates a much more expensive pavement treatment. The following is a
summary of bids deemed complete:
Bidder Bid Amount
Engineers Estimate $800,000
VSS International $714,000
Intermountain Slurry Seal $848,484
The engineers estimate for this project was based upon the competitively bid unit costs
of a similar project completed in 2014. The favorable bids received this year are likely a
result of this project being out to bid early in the construction season and the available
budget. Council approved a midyear increase to the FY14/15 operating budget allowing
staff to get this project advertised early relative to many nearby cities.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Award of the project will result in a fiscal impact of up to $785,400. Sufficient funds
have been budgeted and are available from account #270-85-821 900-921 (Pavement
Maintenance).
142
_____________________________________
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
143
2015 PAVEMENT MAINTENANCE PHASE 2
STREET LIST
ATTACHMENT A
StreetName Beg Location End Location
CANYON VIEW CIR LINDY LN END
LINDY LN LINDY PL END
MERCEDES RD CORDOVA END
BERLAND CT STELLING END
CHARSAN LN RAINBOW END
ECHO HILL CT STELLING END
ELDERWOOD CT TUSCANY END
GATE OF HEAVEN CEMETERYCRISTO REY DR GATE
IMPERIAL AVE STEVENS CREEK 315 FT S/O STEVENS CREEK
IMPERIAL AVE 315 FT S/O STEVENS CREEK10290 IMPERIAL (END BUSINESS DIST)
PASADENA AVE GRANADA STEVENS CREEK
TUSCANY PL S END N END
COLUMBUS AVE VAI BUBB
CRISTO REY DR N/O ROUNDABOUTRANCHO SAN ANTONIO PARK EXIT (CL)
CRISTO REY DR THE FORUM CITY LIMITS
HAMMOND WY END END
HAMMOND WY CRISTO REY DR HAMMOND
VAI AVE BUBB COLUMBUS
RIVIERA RD SCENIC END
SCENIC CIR SCENIC BLVD SCENIC CIR
SCENIC CT SCENIC CIR END
MILLER AVE STEVENS CREEK CALLE DE BARCELONA
STELLING RD STEVENS CREEK HIGHWAY 85
ORANGE AVE MCCLELLAN RD CUL DE SAC
144
ATTACHMENT B
City of Cupertino 00520 - 1 Contract
2015 Pavement Maintenance Phase 2
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of , 20 ___ , by and between ________________________
[Name of Contractor] whose place of business is located at
__________________________________________________________, ____________________ [Address of
Contractor] (“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 _______________, 20___ awarded to Contractor the following Project:
PROJECT NUMBER 2015-24
2015 PAVEMENT MAINTENANCE 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, 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 Conditions).
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
accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
145
ATTACHMENT B
City of Cupertino 00520 - 2 Contract
2015 Pavement Maintenance Phase 2
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 $5,000 per Calendar Day per street that does not receive temporary pavement markers and striping as
required by Section 6 of Document 00850.
3.2.2 $150 per Calendar Day per street that does not receive cat tracking or permanent striping as required by
Section 6 of Document 00850.
3.2.3 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND
HOURS.
3.2.4 $5,000 per Calendar Day for failure to achieve final completion per Section 1.5 of Document 00800.
3.2.5 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.
Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies,
may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered
species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species
protection requirements.
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, which are identified in Document 00320 (Geotechnical
Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the
limited extent of the information contained in such materials upon which Contractor may be entitled to rely.
146
ATTACHMENT B
City of Cupertino 00520 - 3 Contract
2015 Pavement Maintenance Phase 2
Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any
other information contained in such reports and drawings.
5.3 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 Conditions); 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 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
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 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Special Environmental Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification/Special Provisions
Addenda(s)
147
ATTACHMENT B
City of Cupertino 00520 - 4 Contract
2015 Pavement Maintenance Phase 2
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) 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).
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
148
ATTACHMENT B
City of Cupertino 00520 - 5 Contract
2015 Pavement Maintenance Phase 2
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.
149
ATTACHMENT B
City of Cupertino 00520 - 6 Contract
2015 Pavement Maintenance Phase 2
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
2015 PAVEMENT MAINTENANCE PHASE 2
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
[_Contractor’s name_]
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 David Brandt,
City Manager of the City of Cupertino was duly authorized
to execute this document on behalf of the City of Cupertino.
[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: 10300 Torre Ave., Cupertino, CA 95014 Address:
Phone: 408-777-3354 Phone:
Facsimile: 408-777-3333 Facsimile:
AMOUNT: $714,000.00
ACCOUNT NUMBER:
FILE NO.: 98,493.106
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0861 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/6/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Execute the First Amendment to the Agreement between City of Cupertino and Professional
Turf Management, Inc. for Blackberry Farm Golf Course Maintenance
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - First Amendment
B - Existing Agreement
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:ExecutetheFirstAmendmenttotheAgreementbetweenCityofCupertinoand
Professional Turf Management, Inc. for Blackberry Farm Golf Course Maintenance
AuthorizetheCityManagertoexecutetheFirstAmendmenttotheAgreementbetweenCityof
CupertinoandProfessionalTurfManagement,Inc.forBlackberryFarmGolfCourse
Maintenance
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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RECREATION AND COMMUNITY SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 16, 2015
Subject
Execute the First Amendment to the Agreement between City of Cupertino and
Professional Turf Management Inc for Blackberry Farm Golf Course Maintenance.
Recommended Action
Authorize the City Manager to execute the First Amendment of the current agreement
with Professional Turf Management, Inc. and the City of Cupertino that will expire June
30, 2015. All parties desire to extend the term of the agreement for six months in order
to provide the City with time to solicit bids for a new contract for these services.
Description
The maintenance of Blackberry Farm Golf Course has been contracted with Professional
Turf Maintenance since July 1, 2010. The original term of the contract was for two (2)
years from the start date of the contract. The City exercised its options to extend the
contract on a year-to-year basis for three (3) additional years, for a total of five (5) years.
The parties now agree to extend the contract for an additional six (6) months, under the
same terms as the original option to extend. Any increase or decrease in previous
contract price shall be based upon the annual percentage change in the Consumer Price
Index (CPI) as of April, 2015, which is 2.4%. The CPI shall be the San
Francisco/Oakland Consumer Price Index for all urban wage earners. For purposes of
calculating the contract amount for this six (6) month extension, the previous contract
amount is $187,280.00.
Discussion
Professional Turf Management has done an excellent job for the City given the age of
the golf course infrastructure and the close proximity of the Stevens Creek Trail. This
additional time will ensure that the request for proposal can be appropriately modified
to solicit firms with similar specialized qualifications and will ensure a well-
documented qualification process.
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Fiscal Impact
Amount has been budgeted in FY 15/16. No additional funds required.
____________________________________
Prepared by: Carol A. Atwood, Director of Recreation & Community Services
Approved for Submission by: David Brandt, City Manager
Attachment: A – First Amendment to Agreement
B-Existing Agreement
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND PROFESSIONAL TURF MANAGEMENT, INC. FOR
BLACKBERRY FARM GOLF COURSE MAINTENANCE
This First Amendment to the Agreement between the City of Cupertino and Professional
Turf Management, Inc. for reference dated June 11, 2015, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and PROFESSIONAL TURF
MANAGEMENT, INC. a California corporation (“Contractor”) whose address is 510 Salmar
Avenue, Campbell, CA, and is made with reference to the following:
RECITALS:
A. On March 17, 2010, an agreement was entered into by and between City and
Contractor (hereinafter "Agreement") for Blackberry Farm Maintenance.
B. On or about June 7, 2012, and June 18, 2014, City exercised its options to extend
the Agreement as set forth in the contract.
C. The Agreement expires on June 30, 2015, and parties desire to extend the term of
the Agreement for six (6) months in order to provide the City with time to solicit bids for
a new contract for these services.
D. City and Contractor desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 3.1 of the Agreement is modified to read as follows:
Contract Time. The Contract Time commenced to run on July 1, 2010. The original
term of the contract was for (2) years from the start date of the contract. The City
exercised its options to extend the contract on a year-to-year basis for three (3)
additional years, for a total of five (5) years. The parties now agree to extend the
contract for an additional six (6) months, under the same terms as the original option
to extend. Any increase or decrease in the previous contract price shall be based upon
the annual percentage change in the Consumer Price Index (CPI) as of April, 2015.
The CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage
earners. For purposes of calculating the contract amount for this six (6) month
extension, the previous contract price is $187,280.00.
2. Paragraph 4.1 of the Agreement is modified to read as follows:
City shall pay Contractor the Contract Sum for Completion of Work in accordance
with the Contract Documents as set forth in Contractor’s, Bid, attached as the Exhibit
“A” to the Agreement. For this (6) month extension, the parties agree that the total
contract price shall be $95,887.00. All other terms and conditions of Exhibit “A”
(including Bid Form, Document 00400) remain unchanged.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONTRACTOR CITY OF CUPERTINO
A Municipal Corporation
By Don Naumann By: David Brandt
By Professional Turf Management, Inc. City Manager
Its: Principal
Date __________________
APPROVED AS TO FORM:
____________________
Carol Korade
City Attorney
ATTEST:
____________________
Grace Schmidt
City Clerk
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0795 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:3/23/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: An ordinance amending Chapter 15.32 related to water conservation; adoption of a
resolution with 2015-2016 regulations restricting water use; and adoption of a resolution amending FY
15/16 Operating Budget and authorizing execution of a Memorandum of Understanding (MOU) with
the District for a landscape conversion rebate program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Chapter 15.32 Clean Version of Draft Ordinance
B - Chapter 15.32 Red-Lined Version of Draft Ordinance
C - Draft Resolution with 2015-16 Regulations Restricting Water Use
D - Draft Resolution Memorandum of Understanding with the Santa Clara Valley Water District for a
E - District Graywater Laundry to Landscape & Landscape Conversion Rebate Program
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:AnordinanceamendingChapter15.32relatedtowaterconservation;adoptionofa
resolutionwith2015-2016regulationsrestrictingwateruse;andadoptionofaresolution
amendingFY15/16OperatingBudgetandauthorizingexecutionofaMemorandumof
Understanding (MOU) with the District for a landscape conversion rebate program
1.ConductthesecondreadingandenactOrdinanceNo.15-2131:"AnOrdinanceoftheCityof
CupertinoamendingChapter15.32ofTitle15oftheCupertinoMunicipalCoderelatingto
water conservation, prohibited uses of water, and regulations for water conservation;”
2. Adopt Resolution No. 15-056 with 2015-2016 regulations restricting water use; and
3.AdoptResolutionNo.15-057amendingapprovedFY15/16OperatingBudgetand
authorizingtheCityManagertoexecuteaMemorandumofUnderstanding(MOU)withthe
District in an amount up to $75,000 for a landscape conversion rebate program
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1
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: June 16, 2015
Subject
An ordinance amending Chapter 15.32 related to water conservation; adoption of a
Resolution with 2015-2016 Regulations Restricting Water Use; and adoption of a
Resolution amending FY 15/16 Operating Budget and authorizing execution of a
Memorandum of Understanding (MOU) with the District for a landscape conversion
rebate program.
Recommended Action
Staff recommends Council take the following actions:
1. Conduct the second reading and enact the draft ordinance: "An ordinance of the
City of Cupertino amending chapter 15.32 of title 15 of the Cupertino Municipal
Code relating to water conservation, prohibited uses of water, and regulations
for water conservation;”
2. Adopt Draft Resolution with 2015-2016 Regulations Restricting Water Use; and
3. Adopt Draft Resolution Amending Approved FY 15/16 Operating Budget and
Authorizing the City Manager to execute a Memorandum of Understanding
(MOU) with the District in an amount up to $75,000 for a landscape conversion
rebate program.
Description
At its June 2, 2015 Council meeting, the City Council directed staff to bring back the
above items with changes relating to the administrative enforcement of the Ordinance,
revisions to the proposed regulations related to days of watering for outdoor
landscapes, and a budget amendment to supplement the District’s Landscape
Conversion Rebate Program.
A. Administrative Enforcement.
Cupertino Municipal Code Chapter 1.10 sets forth the City’s administrative
enforcement, or administrative citations. The administrative citation, fines, and
penalties are “in addition to all other civil legal remedies and which are alternatives to
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any criminal legal remedies that may be pursued” to address any violation of “statute, rule
code or regulation” except for vehicle or traffic violations (Cupertino Municipal Code
Section 1.10.010). Thus, as Council intends for the administrative citation to be an option
for enforcement, the draft proposed ordinance makes it clear that administrative
enforcement is permissible.
The remaining updated provisions of the Cupertino Municipal Code are unchanged
from the first reading and include:
Update of findings, definitions and everyday prohibited uses of water
Allows Council to adopt regulations restricting water use for each year of
drought
Establish that City Council’s mandatory restrictions on water use regulations
have the same force and effect of law.
Allows Director of Public Works to implement water conservation measures at
City facilities
Supports District and water retailers
B. Proposed Regulations on Restricting Water Use
Council amended Regulation 8 of the 2015-2016 Regulations Restricting Water Use
relative to the irrigation of turf. Previously the regulation limited watering to two days
per week, but did not specify the days of the week for watering. Now, Regulation 8 is
consistent with the District’s days of the week for permitted watering, “Limit outdoor
irrigation of ornamental landscapes or turf with potable water to no more than two
days per week. Irrigation will be allowed on Monday and Thursday for odd numbered
addresses; Monday and Thursday for numberless addresses; and Tuesday and Friday
for even numbered addresses.”
The Notice of Intent to Adopt the Regulations was published in the Cupertino Courier
on June 5th. Staff now recommends that Council adopt the regulations in the form in
Attachment C.
C. Budget Amendment to Supplement the District’s Landscape Conversion Rebate
Program
At the beginning of the current four-year drought in 2011, the District funded its
Landscape Conversion Rebate program at $700,000. This rebate program is designed to
assist homeowners and commercial, industrial and institutional property owners to
increase efficiency in outdoor water use by offering $2.00 per square foot for converting
high water using landscape to qualifying low water using landscape. Interest in the
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program has been high, with the District supporting the replacement of 160,000 square
feet and 1.1M square feet of lawns, respectively, in 2013 and 2014. To expand
participation further, the District increased funding in 2015 to $6.5 million.
Several cities (primarily those with city-owned water systems) have collaborated with
the District to provide additional financial incentives to reduce turf and encourage
outdoor water conservation. These cities include:
City of Sunnyvale
City of Palo Alto
City of San Jose
City of Morgan Hill
Other cities up the Peninsula, such as Menlo Park’s “Lawn Be Gone” program have also
funded turf rebates, as well as landscaping and design consulting services. Potential
benefits of removing turf include saving an average of 26 gallons of water annually for
every square foot of lawn removed, providing additional habitat by increasing
landscape diversity, and encouraging a cultural shift towards avoiding turf installation
in front yards in the future.
Cities, such as Palo Alto, that offer an incentive in addition to the District’s rebate
incentive have experienced far higher participation in the District Lawn Conversion
Rebate Program. Due to these successes, staff recommends the execution of an MOU
between the District and the City to supplement the Districts Lawn Conversion Rebate
Program. This action is anticipated to accelerate participation in this program, and
achieve broader community irrigation conservation. A draft MOU (Attachment D) is
attached for reference.
Between 2013 and the present, 74 Cupertino property owners have participated in the
District Lawn Conversion Rebate Program, converting more than 76,000 square feet and
saving 2 million gallons of water. Supplementing the District’s $2/square feet rebate
with a $1/square feet rebate from the City will in most cases cover the actual costs to
remove water-dependent turf. The District is currently processing 18 Cupertino
residents (totaling 14,540 square feet) for the Lawn Conversion Rebate Program. The
recommended funding of $75,000 will be made available to residents in the process and
to new 2015 applications.
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Graywater Laundry to Landscape Rebate Program
Landscape plants and turf do not have to be watered with potable water. Instead,
alternate water sources such as drain water from laundry, sink, shower and other
facilities are available and allowed by the City adopted 2013 California Plumbing Code
(Code). The Code requirements to use other than potable water for landscape watering
are intended to:
Conserve water by facilitating greater reuse of laundry, shower, lavatory and
similar sources of discharge for irrigation and/or indoor use;
Reduce the number of non-compliant gray water systems by making legal
compliance easily achievable;
Provide guidance for avoiding potentially unhealthful conditions; and
Provide an alternative way to relieve stress on a private sewage disposal system
by diverting the graywater.
The Code requires a plumbing permit for all facets of non-potable applications of water
except for the installation of a clothes washer system (“laundry to landscape” system) in
compliance with the Code’s guidelines. Many cities are in the process of streamlining
their permitting process and/or reducing their fees for plumbing improvements where
permits are required. Example cities with defined processes for permitting graywater
systems include San Jose, Palo Alto, and Sunnyvale. Additionally, Sunnyvale has
waived their $121 graywater permit fee through December 2015. By comparison,
graywater system permit fees in Palo Alto range from $200 to $500. Cupertino does not
currently have a distinct graywater permit fee. Instead, the Building Department
charges a $48 plumbing permit fee for this type of graywater system, far lower than
those other agencies reviewed and referenced above. Similar to Cupertino, both
Sunnyvale and Palo Alto have adopted the 2013 California Plumbing Code and exempt
the plumbing permit requirement for laundry to landscape applications.
Through the end of 2015, the District is offering a laundry to landscape rebate of $200
for single-family homes. This is double the amount previously offered. Details of this
program are in Attachment E.
At this time staff is not recommending an additional incentive for a laundry to
landscape program over what is currently provided by the District. As successes and
costs are realized in the Landscape Rebate Program, an incentive for a laundry to
landscape program may be recommended and considered in the FY15/16 mid-year
budget adjustments. Further, a distinct graywater permit fee could be considered as
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part of the next fee schedule update to better enable tracking of and incentives for this
type of system, if directed by Council.
Next Steps
Staff will work with Cupertino urban water suppliers and the Water District to outreach
to community members, notifying them of new drought restrictions, associated tariffs
and the landscape conversion rebate program. This civic media campaign that results
from these elevated educational efforts will be shared via future Council
correspondence.
Sustainability Impact
Actions taken to conserve water across the City’s municipal portfolio directly
implement Cupertino’s Climate Action Plan Measure M-F-7: Conserve Water through
Efficient Landscaping and enable the City to advance its emissions reduction goals
arising from onsite water use. Further, these visible actions showcase the City’s
commitment to protecting this diminishing non-renewable resource with the goal of
spurring similar water conservation action across the community, beyond what is
required through the City’s updated Municipal Code.
Fiscal Impact
Staff will monitor water use and expenses and will report use and expenses in future
drought updates. The costs to later restore areas to a pre-drought state (e.g. filling
ponds, increasing landscaping and associated irrigation) are likely to be significant.
These costs and areas will be revisited when the drought emergency proclamation is
lifted by the Governor.
Resolution 15-XXX will amend and add to the approved FY15/16 Operating Budget in
an amount not to exceed $75,000 for the landscape conversion program.
_____________________________________
Prepared by: Roger Lee, Assistant Director, Public Works and Erin Cooke, Assistant to
the City Manager & Sustainability Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Chapter 15.32 Clean Version of Draft Ordinance
B - Chapter 15.32 Red-Lined Version of Draft Ordinance
C - Draft Resolution with 2015-16 Regulations Restricting Water Use
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D - Draft Resolution Memorandum of Understanding with the Santa Clara Valley
Water District for a Landscape Rebate Program and amendment of FY 15/16
Operating Budget
E - District Graywater Laundry to Landscape & Landscape Conversion Rebate Program
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 15.32 OF
TITLE 15 OF THE CUPERTINO MUNICIPAL CODE RELATING TO WATER
CONSERVATION, PROHIBITED USES OF WATER, AND REGULATIONS FOR
WATER CONSERVATION
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), staff has determined that the provisions of this Ordinance are
exempt as a project intended to protect the environment and natural resources (14
Cal.Regs. 15307, 15308); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance and
approves such Statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15.32 of Title 15 of the Cupertino Municipal Code is hereby
amended to be entitled, numbered, and to read as follows:
CHAPTER 15.32: WATER CONSERVATION
Section
15.32.010 Findings and Determinations.
15.32.020 Definitions.
15.32.030 Prohibited Uses of Water.
15.32.040 Regulations for Restrictions on Water Use.
15.32.050 Water Use at City Facilities.
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15.32.060 Exceptions for Public Health and Safety.
15.32.070 Emergency Suspension of Water Service.
15.32.080 Violation–Penalty.
15.32.010 Findings and Determinations.
A. A reliable supply of potable water is essential to the public health, safety, and
welfare of the people and economy of the City of Cupertino; and
B. Article X, Section 2 of the California Constitution declares that the general welfare
requires that the water resources of the State be put to beneficial use to the fullest extent
of which they are capable, and that the waste or unreasonable use or unreasonable
method of use of water be prevented, and that the conservation of such waters is to be
exercised with a view to the reasonable and beneficial use thereof in the interest of the
people and for the public welfare; and
C. Article XI, Section 7 of the California Constitution declares that a city or county may
make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws; and
D. The Governor of the State of California and/or other State regulatory agencies such
as the State Water Resource Control Board may, as regional drought conditions
warrant, mandate water conservation measures; and
E. The Santa Clara Valley Water District, or other wholesale water supplier serving
the City of Cupertino, may implement water conservation goals specific to the
Cupertino area based upon drought stages identified in their Urban Water Management
Plan or in other declaration or action; and
F. San Jose Water Company, California Water Service Company, and any other
urban water suppliers in the City of Cupertino, will coordinate water conservation
measures with the Santa Clara Valley Water District and, depending on the severity of a
drought, may file with the California Public Utilities Commission specific water use
targets and/or budgets along with associated tariffs and enforcement measures,
consistent with its Water Shortage Contingency Plan to achieve state mandated water
use reductions that may affect City of Cupertino residents and businesses; and
G. The adoption and enforcement of water conservation regulations is essential to
minimize the effects of drought and shortage within the City and ensure a reliable and
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sustainable minimum supply of water to protect public health, safety and welfare of
current and future community members and to protect the environment; and
H. The purpose of this Chapter is to establish water conservation measures that are
intended to alter behavior related to the use of water, reduce the consumption of water,
assure reasonable and beneficial use of water, prevent the waste of water, and
maximize the efficient use of water across the City of Cupertino.
15.32.020 Definitions.
As used in this chapter
A. “Customer” means any person who pays for service to receive potable water.
B. “Irrigation system” means the components of a system meant to apply water to an
area for the purpose of irrigation, including, but not limited to, piping, fittings,
sprinkler heads or nozzles, drip tubing, valves, and control wiring.
C. “Landscape” means all of the outdoor planting areas, turf areas, and water
features at a particular location.
D. “Person” means any individual, firm, partnership, association, corporation, trust,
governmental body or other organization or entity.
E. “Potable water” means water which conforms to the federal and state standards
for human consumption.
F. “Runoff” means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape onto other areas.
G. “Water” means potable water.
H. “Water feature” means a design element where open, artificially supplied water
performs an aesthetic or recreation feature, including, but not limited to, ponds,
lakes, waterfalls, fountains, and streams.
I. “Urban water supplier” means the California Water Service and/or San Jose Water
Company or any other urban water supplier as defined by Water Code Section
10617, excluding wholesale suppliers, unless the wholesale supplier is functioning
in a retail capacity.
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J. “Water district” means the Santa Clara Valley Water District or other wholesale
water supplier as defined by State law.
15.32.030 Prohibited Uses of Water.
To prevent water waste, the unreasonable use of water, and to promote water
conservation, each of the following actions are prohibited while using potable water:
A. No person shall waste water, including, but not limited to flooding or creating
runoff on sidewalks or gutters, adjacent property, non-irrigated areas, private and
public walkways, roadways, parking lots, or structures.
B. No person shall use a hose that dispenses potable water to wash vehicles,
including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not,
unless the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use.
C. No person shall waste water by failing to repair defective plumbing, sprinkler,
watering or irrigation systems.
D. No person shall use water for single pass cooling process for new building
construction.
15.32.040 Regulations for Restrictions on Water Use.
A. The City Council may determine that additional restrictions on water use are
needed as a result of drought or other water supply conditions, to achieve
additional conservation goals, or for other public purposes. The City Council may
adopt Regulations Restricting Water Use.
B. The Regulations shall take effect as soon as practicable.
C. The Regulations shall remain in effect until the City Council repeals, modifies, or
amends them, or according to their own terms, whichever comes first.
D. The Regulations adopted pursuant to this chapter shall have the force and effect of
law.
15.32.050 Water Use at City Facilities.
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The Director of Public Works or his/her designee may adopt and implement water
conservation measures at City facilities.
15.32.060 Exceptions for Public Health and Safety.
The provisions of this Chapter do not apply to uses of water which are necessary to
protect public health or safety, for essential government services, such as police, fire,
and other similar emergency services, conveyance maintenance, or where necessary to
comply with the a term or condition in a permit issued by a State or federal agency.
15.32.070 Emergency Suspension of Water Service.
In the event of an emergency involving broken or defective plumbing, sprinkler,
watering or irrigation systems where, in the opinion of the Director of Public Works or
his/her designee, water is being or will be lost in considerable quantity, the City may
require that the urban water supplier immediately suspend water service without
notice or hearing to any customer pending repairs. The urban water supplier shall
attempt to give notice to the customer or customers affected as soon as practical.
Subject to other provisions of this Chapter, service shall be restored as soon as possible.
15.32.080 Violation–Penalty.
Any person who violates any provision of this Chapter or any regulation adopted
pursuant to this Chapter shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as provided in Chapter 1.12 of this code. As an alternative to criminal
legal punishment, any person who violates any provision of this Chapter or any
regulation adopted pursuant to this Chapter shall be subject to administrative citation,
fines, or penalties as provided in Chapter 1.10 of this code.
Section 2. If any section, subsection, subdivision, sentence, clause, or phrase of this
Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by
any court of competent jurisdiction the validity of the remaining portion of this Chapter
shall not be affected thereby.
Section 3. This Ordinance shall become effective thirty days from the date of its
adoption.
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,
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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
2nd day of June, 2015 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 16th day of June, 2015 by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 15.32 OF
TITLE 15 OF THE CUPERTINO MUNICIPAL CODE RELATING TO WATER
CONSERVATION, PROHIBITED USES OF WATER, AND REGULATIONS FOR
WATER CONSERVATION
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), staff has determined that the provisions of this Ordinance are
exempt as a project intended to protect the environment and natural resources (14
Cal.Regs. 15307, 15308); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance and
approves such Statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15.32 of Title 15 of the Cupertino Municipal Code is hereby
amended to be entitled, numbered, and to read as follows:
CHAPTER 15.32: WATER CONSERVATION
Section
15.32.010 Findings and determinations.
15.32.020 Definitions.
15.32.030 Prohibited Uses of WaterProhibitions on water use.
15.32.040 Regulations for Restrictions on Water Use
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15.32.050 Water Use at City Facilities
15.32.050 15.32.060 Exceptions for Public Health and Safety
15.32.070 Emergency suspension of water service.
15.32.080 Violation–Penalty.
15.32.010 Findings and Determinations.
A. A reliable supply of potable water is essential to the public health, safety, and
welfare of the people and economy of the City of Cupertino; andThe 1993 water supply
available to Santa Clara County markedly exceeds that of the previous six years of
droughts; and
B. Article X, Section 2 of the California Constitution declares that the general welfare
requires that the water resources of the State be put to beneficial use to the fullest extent
of which they are capable, and that the waste or unreasonable use or unreasonable
method of use of water be prevented, and that the conservation of such waters is to be
exercised with a view to the reasonable and beneficial use thereof in the interest of the
people and for the public welfareSince 1989, the citizens of Santa Clara County have
responded admirably to the mandatory water conservation programs requested and
implemented by the Board of Directors of the Santa Clara Valley Water District; and
C. Article XI, Section 7 of the California Constitution declares that a city or county
may make and enforce within its limits all local, police, sanitary and other ordinances
and regulations not in conflict with general laws; and With continued good
conservation practices, implementation of ultra low flush toilet rebate and other
plumbing retrofit programs, further development and refinement of the water efficient
landscaping ordinances, landscape guidelines, reclamation projects, and other best
management practices, 1993 countywide conservation efforts are anticipated to result in
a ten percent to twenty percent reduction in water usage as compared to 1987 usage.
D. The Governor of the State of California and/or other State regulatory agencies such
as the State Water Resource Control Board may, as regional drought conditions
warrant, mandate water conservation measures; and
E. The Santa Clara Valley Water District, or other wholesale water supplier serving
the City of Cupertino, may implement water conservation goals specific to the
Cupertino area based upon drought stages identified in their Urban Water Management
Plan or in other declaration or action; and
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F. San Jose Water Company, California Water Service Company, and any other
urban water suppliers in the City of Cupertino, will coordinate water conservation
measures with the Santa Clara Valley Water District and, depending on the severity of a
drought, may file with the California Public Utilities Commission specific water use
targets and/or budgets along with associated tariffs and enforcement measures,
consistent with its Water Shortage Contingency Plan to achieve state mandated water
use reductions that may affect City of Cupertino residents and businesses; and
G. The adoption and enforcement of water conservation regulations is essential to
minimize the effects of drought and shortage within the City and ensure a reliable and
sustainable minimum supply of water to protect public health, safety and welfare of
current and future community members and to protect the environment; and
H. The purpose of this Chapter is to establish water conservation measures that are
intended to alter behavior related to the use of water, reduce the consumption of water,
assure reasonable and beneficial use of water, prevent the waste of water, and
maximize the efficient use of water across the City of Cupertino.
15.32.020 Definitions.
As used in this chapter
A. “Customer” means any person who pays for service to the Cupertino Municipal
Water Utilityreceive potable water.
B. “Irrigation system” means the components of a system meant to apply water to an
area for the purpose of irrigation, including, but not limited to, piping, fittings,
sprinkler heads or nozzles, drip tubing, valves, and control wiring.
C. “Landscape” means all of the outdoor planting areas, turf areas, and water
features at a particular location.
D. . “Person” means any individual, firm, partnership, association, corporation,
trust, governmental body or other organization or entity.
E. “Potable water” means water which conforms to the federal and state standards
for human consumption.
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F. “Runoff” means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape onto other areas.
G. “Water” means potable water.
H. “Water feature” means a design element where open, artificially supplied water
performs an aesthetic or recreation feature, including, but not limited to, ponds,
lakes, waterfalls, fountains, and streams.
I. “Urban Water water providersupplier” means the California Water Service and/or
San Jose Water Company or any other urban water supplier as defined by Water
Code Section 10617, excluding wholesale suppliers, unless the wholesale supplier
is functioning in a retail capacity. by State Law..
J. “Water district” means the Santa Clara Valley Water District or other wholesale
water supplier as defined by State law.
15.32.030 Prohibited Uses of WaterProhibition on Water Use.
To prevent water waste, the unreasonable use of water, and to promote water
conservation, each of the following actions are prohibited while using potable water:
The following water uses shall be prohibited throughout the City until such time as a
declaration is officially made by the Santa Clara Valley Water District that a drought
condition no longer exists within Santa Clara County.
A. No person shall waste water, including, but not limited to flooding or creating
runoff on sidewalks or gutters, adjacent property, non-irrigated areas, private and
public walkways, roadways, parking lots, or structures.
B. No person shall use a hose that dispenses potable water to wash vehicles,
including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not,
unless the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use.
No person shall use water through a hose for washing motor vehicles or recreation
vehicles or other types of vehicles without a positive automatic shutdown valve on the
outlet end of the hose.
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C. No person shall waste water by failing to repair through the non-repair of
defective plumbing, sprinkler, watering or irrigation systems.
D. No restaurant shall serve water unless specifically requested by a customer.
ED. No person shall use water for single pass cooling process for new building
construction.
F. New landscaping to conform to City’s Xeriscape Guidelines.
15.32.040 Regulations for Restrictions on Water Use
A. The City Council may determine that additional restrictions on water use are
needed as a result of drought or other water supply conditions, to achieve
additional conservation goals, or for other public purposes. The City Council may
adopt Regulations Restricting Water Use.
B. The Regulations shall take effect as soon as practicable.
C. The Regulations shall remain in effect until the City Council repeals, modifies, or
amends them, or according to their own terms, whichever comes first.
D. The Regulations adopted pursuant to this chapter shall have the force and effect of
law.
15.32.050 Water Use at City Facilities
The Director of Public Works or his/her designee may adopt and implement water
conservation measures at City facilities.
15.32.060 Exceptions for Public Health and Safety
The provisions of this Chapter do not apply to uses of water which are necessary to
protect public health or safety, for essential government services, such as police, fire,
and other similar emergency services, conveyance maintenance, or where necessary to
comply with the a term or condition in a permit issued by a State or federal agency.
15.32.050 070 Emergency Suspension of Water Service.
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In the event of an emergency involving broken or defective plumbing, sprinkler,
watering or irrigation systems where, in the opinion of the Director of Public Works
Director or his/her designee, water is being or will be lost in considerable quantity, the
City may require that the urban water supplier immediately suspend water service
without notice or hearing to any customer pending repairs. The urban water supplier
shall attempt to give notice to the customer or customers affected as soon as practical.
Subject to other provisions of this chapterChapter, service shall be restored as soon as
possible.
15.32.060 080 Violation–Penalty.
Any person who violates any provision of this chapter Chapter or any regulation
adopted pursuant to this Chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapter 1.12 of this code. As an alternative to
criminal legal punishment, any person who violates any provision of this Chapter or
any regulation adopted pursuant to this Chapter shall be subject to administrative
citation, fines, or penalties as provided in Chapter 1.10 of this code.
Section 2. If any section, subsection, subdivision, sentence, clause, or phrase of this
Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by
any court of competent jurisdiction the validity of the remaining portion of this Chapter
shall not be affected thereby.
Section 3. This Ordinance shall become effective thirty days from the date of its
adoption.
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
2nd day of June, 2015 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 16th day of June, 2015 by the following vote:
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PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
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RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING
REGULATIONS RESTRICTING WATER USE IN COMPLIANCE WITH THE STATE
WATER RESOURCES CONTROL BOARD’S MAY 5, 2015 EMERGENCY WATER
CONSERVATION REGULATIONS
WHEREAS, On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-
17-2014 declaring a State of Emergency to exist in California due to severe drought conditions
and calling on Californians to reduce their water usage by 20 percent; and
WHEREAS, On April 25, 2014, the Governor issued an Executive Order declaring a state of
emergency to exist in California based upon the drought conditions and strengthening the
state’s ability to manage water and directed the State Water Resources Control Board (Water
Board) under its authority in California Water Code Section 1058.5 to adopt emergency
regulations as it deems necessary to address water shortage conditions; and
WHEREAS, On July 15, 2014, the Water Board adopted California Code of Regulations, Title
23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in
California and imposing water conservation measures on individuals and water suppliers;
and
WHEREAS, On March 17, 2015, the Water Board readopted and expanded the emergency
regulations in California Code of Regulations, Title 23, Sections 863, 864, and 865. Section 864
applies to all Californians and prohibits certain activities in promotion of water conservatio n,
many of which are already required by the proposed amended Cupertino Municipal Code
15.32.030; and
WHEREAS, On May 5, 2015 the Water Board adopted 25% mandatory water conservation
regulations; and
WHEREAS, The City receives potable water from two urban water suppliers who, in turn,
receive the majority of their water from the Santa Clara Valley Water District (Water District).
The Water District has requested a 30% voluntary water consumption reduction in response
to the drought and their determination of available supplies in the regional water system.
The Water Board has set 32% and 20% as water conservation requirements for Cupertino ’s
two urban water suppliers. The City further demonstrates its commitment by responding to
Water District’s voluntary water consumption reduction request and achieved an
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approximate 17% reduction in City operation water use in 2014 relative to 2013 and
establishes a 30% City operation reduction requirement for 2015 relative to 2013; and
WHEREAS, The City supports the Water District’s efforts to encourage conservation, with an
emphasis on outdoor water use, to the extent it may do so within the context the Cupertino
Municipal Code; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or county
may make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, the Council declares that the present year has been critically dry and has been
preceded by prior dry years; and
WHEREAS, the Council determines that regulations are necessary to promote further
conservation efforts during this critical time of drought; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the
City determines that the provisions of this Resolution are exempt as a project intended to
protect the environment and natural resources (14 Cal.Regs. 15307, 15308);
The Council of the City of Cupertino RESOLVES as follows:
SECTION 1. Regulations
A. Attachment A, “2015/16 Regulations Restricting Water Use” is hereby adopted in
compliance with the Water Board’s May 5, 2015 emergency drought regulations (Attachment
B) and incorporated.
SECTION 2. Council directs the City Manager to establish an implementation process for
2015/16 Water Use Regulations by August 1, 2015.
SECTION 3. The 2015/16 Regulation Restricting Water Use will remain in effect for the time
period specified in Water Board Resolution No. 2015-0013, or as extended by the Water
Board.
SECTION 4. Council directs staff to further promote water conservation by coordinating
educational outreach with urban water suppliers and the Water District to ensure that
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Cupertino customers fully understand drought restrictions and receive a consistent
conservation message within the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 16th day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
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ATTACHMENT A
2015/16 REGULATIONS RESTRICTING WATER USE
Moderate to exceptional drought conditions continue throughout California even though much of the
State has received above average rainfall to date, including Santa Clara County. The March 2015 U.S.
Drought Monitor reports that most of Santa Clara County is now “Extreme” drought severity,
worsened from the previous “Severe” drought stage reported in February 2015.Water stored as
snowpack in Sierras is also at a record low15% of average for April 1st. This impacts the replenishment
of groundwater in many areas throughout the State and is the source of about 55% of the water used by
residents and businesses of Cupertino.
Implementation of individual regulations shall be carried out at the direction of the City Council, in
response to its assessment of local water supply conditions, feasibility, and consumption trends. The
Council may, in its discretion, opt to revise, delete or include different elements than those described
below, so long as the restrictions implemented serve the overall purpose of reducing local
consumption.
Article XI, Section 7 of the California Constitution declares that a city or county may make and
enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict
with general laws. Pursuant to this power, the City Council of the City of Cupertino adopts the
following Regulations in addition to any requirements set forth in Cupertino Municipal Code Chapter
15.32. These regulations are effective August 1, 2015 through March 1, 2016, or until repealed by
Council, whichever comes first.
Section A:
To prevent the waste and unreasonable use of water and to promote water conservation, the following
acts are prohibited, except where necessary to address an immediate health and safety need:
1. The application of potable water to driveways and sidewalks;
2. The use of potable water in a fountain or other decorative water feature, except where the water
is part of a re-circulating system;
3. The application of potable water to outdoor landscapes during and within 48 hours after
measurable rainfall;
4. The serving of drinking water other than upon request in eating or drinking establishments,
including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places
where food or drink are served and/or purchased;
5. The irrigation with potable water of ornamental turf on public street medians;
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6. The irrigation with potable water of landscapes outside of newly constructed homes and
buildings in a manner inconsistent with regulations or other requirements established by the
California Building Standards Commission and the Department of Housing and Community
Development.
7. Operators of hotels and motels shall provide guests with the option of choosing not to have
towels and linens laundered daily. The hotel or motel shall prominently display notice of this
option in each guestroom using clear and easily understood language.
8. Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than
two days per week. Irrigation will be allowed on Monday and Thursday for odd numbered
addresses; Monday and Thursday for numberless addresses; and Tuesday and Friday for even
numbered addresses.
9. Other restrictions on use of potable water as prescribed from time to time by the Water Board
or other governing body or agency.
10. None of the restrictions apply to the use of recycled or grey water. These restrictions also shall
not apply to commercial nurseries, golf courses, or other water-dependent businesses, unless
specifically included by the Water Board or other governing body or agency.
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ATTACHMENT B
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2015-0032
TO ADOPT AN EMERGENCY REGULATION FOR STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
1. On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order (April 2014
Proclamation) to strengthen the State’s ability to manage water and habitat effectively in drought
conditions, and called on all Californians to redouble their efforts to conserve water. The April 2014
Proclamation finds that the continuous severe drought conditions present urgent challenges across
the State, including water shortages in communities and for agricultural production, increased
wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and additional water
scarcity, if drought conditions continue into 2015. The April 2014 Proclamation also suspends the
environmental review required by the California Environmental Quality Act to allow the emergency
regulation and other actions to take place as quickly as possible;
2. The April 2014 Proclamation refers to the Governor’s Proclamation No. 1-17-2014, issued on
January 17, 2014, declaring a drought State of Emergency to exist in California due to severe drought
conditions (January 2014 Proclamation). The January 2014 Proclamation finds that dry conditions and
lack of precipitation present urgent problems to drinking water supplies and cultivation of crops, which
put farmers’ long-term investments at risk. The conditions also threaten the survival of animals and
plants that rely on California’s rivers, including many species in danger of extinction. The January
2014 Proclamation also calls on all Californians to reduce their water usage by 20 percent;
3. On December 22, 2014, in light of the continued lack of rain, Governor Brown issued Executive
Order B-28-14, which extends the California Environmental Quality Act suspension through May 31,
2016 for Water Code section 13247 and certain activities identified in the January 2014 and April
2014 proclamations;
4. On April 1, 2015, Governor Brown issued a new Executive Order that directs the State Water Board
to impose restrictions on urban water suppliers to achieve a statewide 25 percent reduction in potable
urban usage through February 2016; require commercial, industrial, and institutional users to
implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public
street medians; and prohibit irrigation with potable water outside newly constructed homes and
buildings that is not delivered by drip or microspray systems; along with other directives;
5. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency
regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion, of water, to promote water recycling or water
conservation, to require curtailment of diversions when water is not available under the diverter’s
priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports”;
6. On July 15, 2014, the State Water Board adopted an emergency regulation to support water
conservation (Resolution No. 2014-0038), and that regulation became effective July 28, 2014 upon
approval by the Office of Administrative Law (OAL);
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7. On March 17, 2015, the State Water Board amended and readopted the emergency regulation to
support water conservation (Resolution No. 2015-0013), which became effective March 27, 2015
upon approval by OAL;
8. The current emergency regulation has supported Californians’ water conservation efforts, with over
125 billion gallons saved from August 2014 through March 2015; however, statewide water use is only
nine percent less than the same months in 2013. Achieving a 25 percent reduction in use will require
even greater conservation efforts across the state. In particular, many communities must dramatically
reduce their outdoor water use;
9. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping.
Outdoor water use is generally discretionary, and many irrigated landscapes will survive while
receiving a decreased amount of water;
10. Although urban water suppliers have placed restrictions on outdoor watering, the State Water
Board continues to receive reports of excessive outdoor water use;
11. Water conservation is the easiest, most efficient and most cost-effective way to quickly reduce
water demand and extend supplies into the next year, providing flexibility for all California
communities. Water saved this summer is water available later in the season or next year, reducing
the likelihood of even more severe water shortages should the drought continue;
12. Education and enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is reduced or
eliminated;
13. Public information and awareness is critical to achieving conservation goals, and the Save Our
Water campaign, run jointly by the Department of Water Resources (DWR) and the Association of
California Water Agencies, is an excellent resource for conservation information and messaging that
is integral to effective drought response (http://saveourwater.com);
14. Many California communities are facing social and economic hardship due to this drought. The
rest of us can make adjustments to our water use, including landscape choices that conserve even
more water;
15. The California Constitution declares, at article X, section 2, that the water resources of the state
must be put to beneficial use in a manner that is reasonable and not wasteful. Relevant to the current
drought conditions, the California Supreme Court has clarified that “what may be a reasonable
beneficial use, where water is present in excess of all needs, would not be a reasonable beneficial
use in an area of great scarcity and great need. What is a beneficial use at one time may, because of
changed conditions, become a waste of water at a later time.” (Tulare Dist. v. Lindsay Strathmore
Dist. (1935) 3 Cal.2d 489, 567.) In support of water conservation, the legislature has, through Water
Code section 1011, deemed reductions in water use due to conservation as equivalent to reasonable
beneficial use of that water. Accordingly, this regulation is in furtherance of article X, section 2 during
this drought emergency. This temporary emergency regulation is not to be used in any future
administrative or judicial proceedings as evidence or finding of waste and unreasonable use of any
individual water user or water supplier subject to this regulation, and are not to affect or otherwise limit
any rights to water conserved under applicable law, including without limitation, water conserved
consistent with Water Code section 1011;
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16. Directive two of the Governor’s April 1, 2015 Executive Order directs the State Water Board to
consider the relative per capita usage of each urban water supplier’s service area and require that
areas with high per capita use achieve proportionally greater reductions than areas with low per capita
use;
17. On April 7, 2015, the State Water Board issued a draft framework proposing increasing levels of
required water reduction based upon residential per capita per day use (R-GPCD) for the proposed
regulation, and solicited public comments. The Board received over 300 comments on the framework,
primarily relating to the levels of required water reduction;
18. On April 18, the State Water Board issued draft regulatory language for public comment based on
the April 7 framework and the comments received. The draft regulatory language reflected careful
consideration of all comments including those directed at the levels of required reduction. Again, the
Board received close to 300 comments;
19. On April 28, 2015, the State Water Board issued a final version of draft regulatory language for
comment, followed on April 29 by a formal public notice that it would consider the adoption of the
emergency regulation at the Board’s regularly-scheduled May 5 and 6, 2015 public meeting, in
accordance with applicable State laws and regulations. The State Water Board also distributed for
public review and comment a Finding of Emergency that complies with State laws and regulations;
20. As discussed above, the State Water Board is adopting the emergency regulation because of the
continuing emergency drought conditions, the need for prompt action to prevent the waste and
unreasonable use of water and to promote conservation, and the specific actions called for in the
Governor’s April 1, 2015 Executive Order; and
21. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local
agency from exercising its authority to adopt more stringent conservation measures. Moreover, the
Water Code does not impose a mandatory penalty for violations of the regulation adopted by this
resolution, and local agencies retain the enforcement discretion in enforcing the regulation to the
extent authorized. Local agencies are encouraged to develop their own progressive enforcement
practices to promote conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 866 and re-adopts
sections 863, 864,and 865, as appended to this resolution as an emergency regulation;
2. State Water Board staff will submit the regulation to OAL for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines
that minor corrections to the language of the regulation or supporting documentation are needed for
clarity or consistency, the State Water Board Executive Director or the Executive Director’s designee
may make such changes;
4. This regulation shall remain in effect for 270 days after filing with the Secretary of State unless the
State Water Board determines that it is no longer necessary due to changed conditions, or unless the
State Water Board renews the regulation due to continued drought conditions as described in Water
Code section 1058.5;
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5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulation and its effect. These updates shall include information
regarding the progress of the Building Standards Commission, Department of Housing and
Community Development, and other state agencies in the adoption and implementation of emergency
regulations or other requirements that implement increased outdoor irrigation efficiency for new
construction. These regulations and other requirements will extend existing efficiency standards for
new construction to the outdoor environment and ensure that California’s new homes are constructed
to meet the growing demand with the most efficient standards;
6. The State Water Board directs staff to condition funding upon compliance with the emergency
regulation, to the extent feasible;
7. The State Water Board directs staff to work with DWR and the Save Our Water campaign to
disseminate information regarding the emergency regulation; and
8. The State Water Board directs staff to update the electronic reporting portal to include data fields
for the new reporting required by the emergency regulation.
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board shall work with DWR, the Public Utilities Commission, and other agencies
to support urban water suppliers’ actions to implement rates and pricing structures to incent additional
conservation, as required by directive eight in the Governor’s April 1, 2015 Executive Order. The
Fourth District Court of Appeal’s recent Decision in Capistrano Taxpayer Association Inc. v. City of
San Juan Capistrano (G048969) does not foreclose the use of conservation-oriented rate structures;
10. The State Water Board calls upon water suppliers to:
a. ensure that adequate personnel and financial resources exist to implement conservation
requirements not only for 2015, but also for another year of drought should it occur. Water
suppliers that face budget shortfalls due to reduced sales should take immediate steps to raise
necessary revenues in a way that actively promotes continued conservation;
b. expedite implementation of new conservation programs by minimizing internal review periods
and utilizing emergency authorities, as appropriate;
c. consider the relative water use and conservation practices of their customers and target those
with higher water use to achieve proportionally greater reductions than those with low use;
d. minimize financial impacts to low-income customers;
e. preserve safe indoor water supplies in areas with very low R-GPCD and where necessary to
protect public health and safety;
f. promote low-water use methods of preserving appropriate defensible space in fire-prone areas,
consistent with local fire district requirements;
g. educate customers on the preservation of trees;
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h. promote on-site reuse of water; and
i. promptly notify staff of the supplier’s need for an alternate method of compliance pursuant to
resolved paragraph 16.
11. The State Water Board calls upon all businesses within California’s travel and tourism sectors to
inform visitors of California’s dire drought situation and actions visitors should take to conserve water;
12. The State Water Board commends wholesale water agencies that have set aggressive
conservation targets for their retail water suppliers;
13. The State Water Board commends water suppliers that have made investments to boost drought-
resistant supplies, such as advanced treated recycled water and desalination. Those investments help
to make communities more resilient in the face of drought;
14. The State Water Board commends the many water suppliers that have already surpassed their
20x2020 conservation targets. Long-term conservation efforts are critical to maintaining economic and
social well-being, especially in light of the impacts of climate change on California’s hydrology;
15. During this drought emergency, heightened conservation that extends urban resilience is
necessary. The State Water Board’s focus is primarily on immediate reductions in outdoor water use.
Some short-term conservation efforts, such as landscape conversions and installation of efficient
appliances, will also support long-term conservation objectives, and are encouraged wherever
possible;
16. The State Water Board recognizes that some commercial and industrial customers, while
accounting for a significant portion of total use in a service area, have already taken steps to
significantly reduce their water consumption and cannot further reduce their use without substantial
impacts. However, the Board also recognizes that in many areas there are significant opportunities for
reductions in water use by industries and commercial enterprises that have yet to take action,
especially those with large areas of non-functional turf. The Board directs staff to respond promptly
upon receipt of any request for alternate enforceable methods of compliance. If the supplier believes
the conservation standard is unachievable due to firm commercial and industrial water use
and residential use reductions that would affect public health and safety, it should provide any
supporting information or documentation for an alternate method of compliance; and
17. Some water suppliers have called for further refinement of the tiers to reflect a range of factors
that contribute to water use, including but not limited to temperature, lot size, and income. Others
have called for an approach that provides greater recognition for early investments in conservation,
the development of local, drought resistant water supplies, and health and safety needs. These
suggestions and many others are important considerations in the development of a more
comprehensive, and long term, conservation framework. The State Water Board directs staff to work
with stakeholders on a thoughtful process to devise options for extended and expanded emergency
regulations should the drought continue into 2016.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct
copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control
Board held on May 5, 2015.
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AYE: Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Dorene D’Adamo
NAY: None
ABSENT: None
ABSTAIN: None
Jeanine Townsend
Clerk to the Board 1
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ADOPTED TEXT OF EMERGENCY REGULATION
Article 22.5. Drought Emergency Water Conservation.
Sec. 863. Findings of Drought Emergency.
(a) The State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the
California Emergency Services Act based on drought conditions;
(2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the
California Emergency Services Act based on continued drought conditions;
(3) On April 1, 2015, the Governor issued an Executive Order that, in part, directs the State Board to
impose restrictions on water suppliers to achieve a statewide
25 percent reduction in potable urban usage through February, 2016; require commercial, industrial, and
institutional users to implement water efficiency measures; prohibit irrigation with potable water of
ornamental turf in public street medians; and prohibit irrigation with potable water outside newly
constructed homes and buildings that is not delivered by drip or microspray systems;
(4) The drought conditions that formed the basis of the Governor’s emergency proclamations continue to
exist;
(5) The present year is critically dry and has been immediately preceded by two or more consecutive
below normal, dry, or critically dry years; and
(6) The drought conditions will likely continue for the foreseeable future and additional action by both
the State Water Resources Control Board and local water suppliers will likely be necessary to prevent
waste and unreasonable use of water and to further promote conservation.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, and 275, Water Code; Light v. State Water
Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 864. End-User Requirements in Promotion of Water Conservation.
(a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the
following actions is prohibited, except where necessary to address an immediate health and safety need or
to comply with a term or condition in a permit issued by a state or federal agency:
(1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water
flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots,
or structures;
(2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is
fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately
when not in use;
(3) The application of potable water to driveways and sidewalks; and
(4) The use of potable water in a fountain or other decorative water feature, except where the water is
part of a recirculating system;
(5) The application of potable water to outdoor landscapes during and within
48 hours after measurable rainfall;
(6) The serving of drinking water other than upon request in eating or drinking establishments, including
but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink
are served and/or purchased;
(7) The irrigation with potable water of ornamental turf on public street medians; and
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(8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in
a manner inconsistent with regulations or other requirements established by the California Building
Standards Commission and the Department of Housing and Community Development.
(a) To promote water conservation, operators of hotels and motels shall provide guests with the option
of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display
notice of this option in each guestroom using clear and easily understood language.
(b) Immediately upon this subdivision taking effect, all commercial, industrial and institutional
properties that use a water supply, any portion of which is from a source other than a water supplier
subject to section 865, shall either:
(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than
two days per week; or
(2) Reduce potable water usage supplied by sources other than a water supplier by 25 percent for
the months of June 2015 through February 2016 as compared to the amount used from those
sources for the same months in 2013.
(c) The taking of any action prohibited in subdivision (a) or the failure to take any action required in
subdivisions (b) or (c), is an infraction, punishable by a fine of up to five hundred dollars ($500) for
each day in which the violation occurs. The fine for the infraction is in addition to, and does not
supersede or limit, any other remedies, civil or criminal.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, and 10617, Water Code; Light v.
State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 865. Mandatory Actions by Water Suppliers.
(a) As used in this section:
(1) “Distributor of a public water supply” has the same meaning as under section 350 of the Water
Code, except it does not refer to such distributors when they are functioning solely in a wholesale
capacity, but does apply to distributors when they are functioning in a retail capacity.
(2) “R-GPCD” means residential gallons per capita per day.
(3) “Total potable water production” means all potable water that enters into a water supplier’s
distribution system, excluding water placed into storage and not withdrawn for use during the reporting
period, or water exported outsider the supplier’s service area.
(4) “Urban water supplier” means a supplier that meets the definition set forth in Water Code section
10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity,
but does apply to suppliers when they are functioning in a retail capacity.
(b) In furtherance of the promotion of water conservation each urban water supplier shall:
(1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a
leak may exist within the end-user’s exclusive control.
(2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a
monitoring report on forms provided by the Board. The monitoring report shall include the amount of
potable water the urban water supplier produced, including water provided by a wholesaler, in the
preceding calendar month and shall compare that amount to the amount produced in the same calendar
month in 2013. The monitoring report shall specify the population served by the urban water supplier,
the percentage of water produced that is used for the residential sector, descriptive statistics on water
conservation compliance and enforcement efforts, and the number of days that outdoor irrigation is
allowed, and monthly commercial, industrial and institutional sector use. The monitoring report shall
also estimate the gallons of water per person per day used by the residential customers it serves.
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(c) (1) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor’s
April 1, 2015 Executive Order, each urban water supplier shall reduce its total potable water production
by the percentage identified as its conservation standard in this subdivision. Each urban water
supplier’s conservation standard considers its service area’s relative per capita water usage.
(2) Each urban water supplier whose source of supply does not include groundwater or water imported
from outside the hydrologic region in which the water supplier is located, and that has a minimum of
four years’ reserved supply available may, submit to the Executive Director for approval a request that,
in lieu of the reduction that would otherwise be required under paragraphs (3) through (10), the urban
water supplier shall reduce its total potable water production by 4 percent for each month as compared
to the amount used in the same month in 2013. Any such request shall be accompanied by information
showing that the supplier’s sources of supply do not include groundwater or water imported from
outside the hydrologic region and that the supplier has a minimum of four years’ reserved supply
available.
(3) Each urban water supplier whose average July-September 2014 R-GPCD was less than 65 shall
reduce its total potable water production by 8 percent for each month as compared to the amount used
in the same month in 2013.
(4) Each urban water supplier whose average July-September 2014 R-GPCD was 65 or more but less
than 80 shall reduce its total potable water production by 12 percent for each month as compared to the
amount used in the same month in 2013.
(5) Each urban water supplier whose average July-September 2014 R-GPCD was 80 or more but less
than 95 shall reduce its total potable water production by 16 percent for each month as compared to the
amount used in the same month in 2013.
(6) Each urban water supplier whose average July-September 2014 R-GPCD was 95 or more but less
than 110 shall reduce its total potable water production by 20 percent for each month as compared to
the amount used in the same month in 2013.
(7) Each urban water supplier whose average July-September 2014 R-GPCD was 110 or more but less
than 130 shall reduce its total potable water production by
24 percent for each month as compared to the amount used in the same month in 2013.
(8) Each urban water supplier whose average July-September 2014 R-GPCD was 130 or more but less
than 170 shall reduce its total potable water production by
28 percent for each month as compared to the amount used in the same month in 2013.
(9) Each urban water supplier whose average July-September 2014 R-GPCD was 170 or more but less
than 215 shall reduce its total potable water production by
32 percent for each month as compared to the amount used in the same month in 2013.
(10) Each urban water supplier whose average July-September 2014 R-GPCD was 215 or more shall
reduce its total potable water production by 36 percent for each month as compared to the amount used
in the same month in 2013.
(d) (1) Beginning June 1, 2015, each urban water supplier shall comply with the conservation standard
specified in subdivision (c).
(2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a
cumulative basis.
(e) (1) Each urban water supplier that provides potable water for commercial agricultural use meeting the
definition of Government Code section 51201, subdivision (b), may subtract the amount of water
provided for commercial agricultural use from its potable water production total, provided that any
urban water supplier that subtracts any water provided for commercial agricultural use from its total
potable water production shall:
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(A) Impose reductions determined locally appropriate by the urban water supplier, after considering
the applicable urban water supplier conservation standard specified in subdivision (c), for
commercial agricultural users meeting the definition of Government Code section 51201,
subdivision (b) served by the supplier;
(B) Report its total potable water production pursuant to subdivision (b)(2) of this section, the total
amount of water supplied for commercial agricultural use, and shall identify the reduction imposed
on its commercial agricultural users and each recipient of potable water for commercial agricultural
use;
(C) Certify that the agricultural uses it serves meet the definition of Government Code section
51201, subdivision (b); and
(D) Comply with the Agricultural Water Management Plan requirement of paragraph 12 of the
April 1, 2015 Executive Order for all commercial agricultural water served by the supplier that is
subtracted from its total potable water production. (2) Submitting any information pursuant to
subdivision (e)(1)(B) or (C) of this section that is found to be materially false by the board is a
violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for
each day in which the violation occurs. Every day that the error goes uncorrected constitutes a
separate violation. Civil liability for the violation is in addition to, and does not supersede or limit,
any other remedies, civil or criminal.
(f) (1) To prevent waste and unreasonable use of water and to promote water conservation, each distributor
of a public water supply that is not an urban water supplier shall take one or more of the following
actions:
(A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it
serves to no more than two days per week; or
(B) Reduce by 25 percent reduction its total potable water production relative to the amount
produced in 2013.
(2) Each distributor of a public water supply that is not an urban water supplier shall submit a report by
December 15, 2015, on a form provided by the Board, that either confirms compliance with subdivision
(f)(1)(A) or identifies total potable water production, by month, from June through November, 2015,
and total potable water production, by month, for June through November 2013.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water
Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 866. Additional Conservation Tools.
(a) (1) To prevent the waste and unreasonable use of water and to promote conservation, when a water
supplier does not meet its conservation standard required by section 865 the Executive Director, or the
Executive Director’s designee, may issue conservation orders requiring additional actions by the
supplier to come into compliance with its conservation standard.
(2) A decision or order issued under this article by the board or an officer or employee of the board is
subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of
division 2 of the California Water Code.
(b) The Executive Director, or his designee, may issue an informational order requiring water suppliers, or
commercial, industrial or institutional properties that receive any portion of their supply from a source
other than a water supplier subject to section 865, to submit additional information relating to water
production, water use or water conservation. The failure to provide the information requested within 30
days or any additional time extension granted is a violation subject to civil liability of up to$500 per
day for each day the violation continues pursuant to Water Code section 1846.
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Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 100, 102, 104, 105, 174, 186, 187, 275, 350, 1051, 1122,
1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water
Resources Control Board (2014) 226 Cal.App.4th 1463.
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RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER A
MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA VALLEY WATER
DISTRICT FOR A LANDSCAPE CONVERSION REBATE PROGRAM AND APPROVE AN
AMENDMENT TO FY15/16 ANNUAL OPERATING BUDGET TO APPROPRIATE $75,000
WHEREAS, the City of Cupertino, a municipal corporation and general law city duly
organized and existing under and pursuant to the laws of the State of California (City) is
authorized to enter contracts on its behalf and for the benefit of the City; and
WHEREAS, the reasons supporting the entrance of the City into the Memorandum of
Understanding with the Santa Clara Valley Water District for Conservation Programs is set
forth in detail in the staff reports and hearings for June 2, 2015 and June 16, 2015 Council
meetings and are incorporated herein by reference; and
WHEREAS, the consideration by the City Council of the adoption of this Resolution has been
duly noticed pursuant to applicable laws and Council provided members of the public an
opportunity to comment and be heard and considered all testimony and evidence in
connection with the adoption of this Resolution; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the
City determines that the provisions of this Resolution are exempt as a project intended to
protect the environment and natural resources (14 Cal.Regs. 15307, 15308); and
WHEREAS, the City Council determines that the adoption of this Resolution is in the public
interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does herby find, determine, and resolve that the
foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
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a. The Memorandum of Understanding with the Santa Clara Valley Water District
(MOU) for water conservation programs in substantially in the form attached
hereto as Exhibit “A” is approved;
b. The City Manager is delegated the authority and is authorized to negotiate and
execute the MOU in substantially in the form as attached Exhibit “A”, provided
that the funds do not exceed seventy five thousand dollars ($75,000.00).
Section 3: Effective date: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 16th day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE
CITY OF CUPERTINO FOR A LANDSCAPE CONVERSION REBATE
PROGRAM
This MEMORANDUM OF UNDERSTANDING (MOU) between the Santa Clara Valley
Water District, an Independent special district created by the California Legislature
(hereinafter referred to as WATER DISTRICT) and the City of Cupertino (hereinafter referred
to as CUPERTINO) sets forth the respective roles of the WATER DISTRICT and CUPERTINO
in regard to the WATER DISTRICT'S WATER CONSERVATION LANDSCAPE
CONVERSION REBATE PROGRAM (hereinafter referred to as PROGRAM) is made and
entered into this June , 2015.
RECITALS
WHEREAS the PROGRAM involves providing Water Conservation Landscape Conversion
Rebates for properties located within CUPERTINO's jurisdiction; and
WHEREAS the PROGRAM includes the Landscape Conversion Rebate Program for Water
Efficient Landscape Conversions; and
WHEREAS the PROGRAM is an appropriate measure for the Best Management Practices
addressed in the California Urban Water Conservation Council's MOU regarding Urban
Water Conservation in California; and
WHEREAS the WATER DISTRICT has established the PROGRAM, in part, to provide
financial incentive to remove existing turf lawns; and
WHEREAS CUPERTINO wishes to participate in the PROGRAM and provide additional
incentives for Cupertino residents to remove existing lawns.
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties
expressed in this MOU, WATER DISTRICT and CUPERTINO agree as follows:
1. WATER DISTRICT'S RESPONSIBILITIES
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a) Administration of the PROGRAM, which administration shall include the creation of the
PROGRAM brochures and applications.
b) Collection and analysis of data to determine water savings.
c) Administration of all PROGRAM funds including, but not limited to:
Processing the payment of the amounts set forth in 2.b. below, to eligible
persons residing in CUPERTINO ("ELIGIBLE RESIDENTS). This supplemental
rebate amount shall be in addition to the customary amounts paid by the
WATER DISTRICT for the PROGRAM.
Payment of standard PROGRAM amounts to ELIGIBLE RESIDENTS within
8·12 weeks of receipt of CUPERTINO residential applicant's request.
d) Invoicing CUPERTINO, on a quarterly basis.
e) Work cooperatively with CUPERTINO in appropriately advertising the PROGRAM to
targeted customers.
2. CUPERTINO'S RESPONSIBILITIES
a) Work cooperatively with WATER DISTRICT in appropriately advertising the PROGRAM
to the targeted customers.
b) CUPERTINO must pay WATER DISTRICT as set forth below for each activity performed
by the WATER DISTRICT in the CUPERTINO service area:
Up to $1.00 per each square foot of turf removed per qualified residential / commercial
rebate limited to a maximum amount of $2,000 per resident /commercial site, as per
the District’s Landscape Rebate Program requirements.
c) CUPERTINO's obligation to pay for the PROGRAM activities is capped at a total
maximum of $75,000.
d) Make payment to WATER DISTRICT within 60 days of receipt of Invoice from WATER
DISTRICT.
3. HOLD HARMLESS AND LIABILITY
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Each Party ("Indemnifying Party") agrees to indemnify, defend at its own expense, including
attorneys' fees, and hold harmless the other Party (“Indemnified Party") from and against all
claims, costs, penalties, causes of action, demands, losses and liability of any nature
whatsoever, including but not limited to liability for bodily injury, sickness, disease or death,
property damage (including loss of use) or violation of law, caused by or arising out of or
related to the negligence, or willful misconduct of that Indemnifying Party, its officers or
employees, or any other agent acting pursuant to this MOU. ·
4. DOCUMENT REVIEW
WATER DISTRICT and CUPERTINO will, upon reasonable advance written notice, make
available for inspection to the other party records, books and other documents relating to the
PROGRAMS.
5. TERM
The term of the MOU is from July 1, 2015 to June 30, 2016, or until funds are depleted,
whichever occurs first. The term of the MOU may be extended by mutual consent of the
Parties. This MOU shall be contingent upon approval of program funding each fiscal year by
both the WATER DISTRICT'S Chief Executive Officer and by CUPERTINO.
6. NOTICE
Any notice, payment, credit or instrument required or permitted to be given hereunder shall
be deemed received upon personal delivery or five (5) days after deposit in any United States
mail depository, first class postage prepaid and addressed to the party for whom intended; or
on the same day as a facsimile transmission is sent as long as original is placed in the mail on
the same day.
If to WATER DISTRICT:
Santa Clara Valley Water District
5760 Almaden Expressway
San Jose, CA 96118
Attn: Conservation Programs
If to CUPERTINO:
Public Works Department
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Environmental Programs
Either party may change such address by notice given to the other party as provided in this
Section 6.
7. AMENDMENTS
The MOU may only be amended by written agreement executed by both parties.
8. ASSIGNMENT
Neither party is allowed to assign, sublet, or transfer this MOU or any of the rights or
interests in this MOU without the written consent of the other party.
9. SEVERABILITY
The partial or total invalidity of one or more parts of this MOU will not affect the intent or
validity or remaining parts of this MOU.
10. GOVERNING LAW
This MOU is a contract under the laws of the State of California and for all purposes must be
interpreted in accordance with such laws.
11. TERMINATION OF AGREEMENT
This MOU may be terminated by either party hereto for any reason upon thirty (30) days
written notice to the other Party.
12. SIGNATURES
The individuals executing this MOU represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entitles.
In WITNESS WHEREOF, the parties have executed this MOU as of the effective date.
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APPROVED AS TO FORM:
______________________ ____________________
Carol Karode David Brandt
City Attorney City Manager
City of Cupertino City of Cupertino
SANTA CLARA VALLEY WATER DISTRICT
An independent special district created by the California Legislature
_______________________
Anthony Fulcher
Sr. Assistant District Counsel
Santa Clara Valley Water District
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0875 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:5/12/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: General Plan and Housing Element Update fee that was originally noticed for June 2 and
continued for tonight's agenda will be re-noticed to a future date
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:GeneralPlanandHousingElementUpdatefeethatwasoriginallynoticedforJune2
and continued for tonight's agenda will be re-noticed to a future date
No formal Council action needed
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
powered by Legistar™230
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0917 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:5/29/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Designation of voting delegate and alternates for League of California Cities Annual
Conference, September 30 - October 2, San Jose
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Conference Information
Action ByDate Action ResultVer.
City Council6/16/20151
Subject:DesignationofvotingdelegateandalternatesforLeagueofCaliforniaCitiesAnnual
Conference, September 30 - October 2, San Jose
Designate a voting delegate and up to two alternates
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
powered by Legistar™231
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: June 16, 2015
Subject
Designation of voting delegate and alternates for League of California Cities Annual
Conference, September 30 – October 2, San Jose.
Recommended Action
Designate a voting delegate and up to two alternates.
Discussion
The League’s 2015Annual Conference is scheduled for September 30 – October 2 in San
Jose. An important part of the Annual Conference is the Annual Business Meeting (at
the General Assembly), scheduled for noon on Friday, October 2, at the San Jose
Convention Center. At this meeting, the League membership considers and takes action
on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, Council must designate a voting
delegate. Council may also appoint up to two alternate voting delegates, one of whom
may vote in the event that the designated voting delegate is unable to serve in that
capacity.
Sustainability Impact
None
Fiscal Impact
Full registration for the conference is $500 before August 5 and $550 after that date. The
conference is local and there is no anticipated hotel cost.
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Conference Information
232
May 29, 2015
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference – September 30 – October 2, San Jose
The League’s 2015Annual Conference is scheduled for September 30 – October 2 in San Jose. An
important part of the Annual Conference is the Annual Business Meeting (at the General
Assembly), scheduled for noon on Friday, October 2, at the San Jose Convention Center. At this
meeting, the League membership considers and takes action on resolutions that establish League
policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to the League’s office
no later than Friday, September 18, 2015. This will allow us time to establish voting
delegate/alternate records prior to the conference.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
• Action by Council Required. Consistent with League bylaws, a city’s voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken, or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
• Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. To register for the conference, please go to our website:
www.cacities.org. In order to cast a vote, at least one voter must be present at the
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Council Action Advised by July 31, 2015
-over-
233
Business Meeting and in possession of the voting delegate card. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the San Jose Convention
Center, will be open at the following times: Wednesday, September 30, 8:00 a.m. – 6:00 p.m.;
Thursday, October 1, 7:00 a.m. – 4:00 p.m.; and Friday, October 2, 7:30–10:00 a.m. The Voting
Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll
calls and voting.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, September 18. If you have questions, please call Kayla Gibson at
(916) 658-8247.
Attachments:
• 2015 Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
234
Annual Conference Voting Procedures
2015 Annual Conference
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may
pick up the city's voting card at the Voting Delegate Desk in the conference registration
area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they
will receive a special sticker on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates), and who have picked up their city’s voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a designated area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
235
2015 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday, September 18, 2015.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must
be designated by your city council. Please attach the council resolution as proof of designation. As an
alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this designated area will be limited to individuals (voting delegates and
alternates) who are identified with a special sticker on their conference badge. This sticker can be
obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: E-mail
Mayor or City Clerk Phone:
(circle one) (signature)
Date:
Please complete and return by Friday, September 18, 2015
League of California Cities FAX: (916) 658-8240
ATTN: Kayla Gibson E-mail: kgibson@cacities.org
1400 K Street, 4th Floor (916) 658-8247
Sacramento, CA 95814
CITY:________________________________________
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0735 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:2/24/2015 City Council
On agenda:Final action:6/16/2015
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/16/20151
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 6/11/2015Page 1 of 1
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