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03-15-16 Searchable packetCITY OF CUPERTINO AGENDA Tuesday, March 15, 2016 10300 Torre Avenue and 10350 Torre Avenue CITY COUNCIL 3:00 PM Special Meeting Non-televised Closed Session (3:00 pm) Immediately Followed by a Televised Study Session (Approximately 4:30); Followed by the Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING (CLOSED SESSION AND STUDY SESSION) AND REGULAR MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, March 15, 2016, commencing at 3:00 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and immediately followed at approximately 4:30 p.m. by a study session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. 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 CLOSED SESSION - 3:00 PM City Hall Conference Room A, 10300 Torre Avenue 1.Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6. Agency designated representatives: Director of Administrative Services, City Manager, Dania Torres Wong. Employee organizations: Operating Engineers Local No. 3 Union, Cupertino Employees' Association. STUDY SESSION - immediately following closed session (approximately 4:30 PM) Community Hall Council Chamber, 10350 Torre Avenue 2.Subject: Work Program study session Recommended Action: Review the 2016/2017 Work Program A - Redline Work Program 2016-2017 B - Clean Work Program 2016-2017 Page 1 CITY OF CUPERTINO 1 March 15, 2016City 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: Present proclamation to the American Association of University Women (AAUW) recognizing April 12, 2016 as Equal Pay Day in Cupertino Recommended Action: Present proclamation 2.Subject: Present Association of Northern California Chinese Schools (ANCCS) Certificates of Recognition to the 2016 Chinese New Year Poster Contest Monkey Year Winners Recommended Action: Present certificates 3.Subject: Presentation of student transportation videos and monetary awards to second place winners "Matted" Shuge Luo and Elaine Wang; and third place (tie) winners "Small Town Geniuses" Rahul Ravi and Rishi Godugu, and "Reducing Traffic" Yeeling Tse and Helen Jiang. Recommended Action: View video presentation and present awards 4.Subject: Present proclamation to Christina Wu for being the California finalist in the Doodle4Google Contest Recommended Action: Present proclamation 5.Subject: Present proclamation to the American Red Cross of Silicon Valley recognizing March 2016 as Red Cross Month Recommended Action: Present proclamation 6.Subject: Present proclamation to the Tai Ji Men Qigong Academy in celebration of the 2016 Chinese New Year Gathering Recommended Action: Present proclamation POSTPONEMENTS 7.Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to April 5 Recommended Action: Continue this item to April 5 Page 2 CITY OF CUPERTINO 2 March 15, 2016City Council AGENDA 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. 8.Subject: Approve the March 1 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 9.Subject: Accept Accounts Payable for the period ending January 29, 2016 Recommended Action: Adopt Resolution No. 16-020 accepting Accounts Payable for the period ending January 29, 2016 A - Draft Resolution B - AP Report 10.Subject: Accept Accounts Payable for the period ending February 5, 2016 Recommended Action: Adopt Resolution No. 16-021 accepting Accounts Payable for the period ending February 5, 2016 A - Draft Resolution B - AP Report 11.Subject: Accept Accounts Payable for the period ending February 12, 2016 Recommended Action: Adopt Resolution No. 16-022 accepting Accounts Payable for the period ending February 12, 2016 A - Draft Resolution B - AP Report 12.Subject: Accept Accounts Payable for the period ending February 19, 2016 Recommended Action: Adopt Resolution No. 16-023 accepting Accounts Payable for the period ending February 19, 2016 A - Draft Resolution B - AP Report 13.Subject: Accept Accounts Payable for the period ending February 26, 2016 Page 3 CITY OF CUPERTINO 3 March 15, 2016City Council AGENDA Recommended Action: Adopt Resolution No. 16-024 accepting Accounts Payable for the period ending February 26, 2016 A - Draft Resolution B - AP Report 14.Subject: Approve the Second Amendment with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for the five year period ending August 31, 2019 Recommended Action: Authorize the City Manager to execute an amendment to the lease agreement with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve to include use of Monta Vista Recreation Center and/or the Environmental Education Center for their monthly meetings Staff Report A - Draft 4-H Rolling Hills Agreement 2nd Amendment 15.Subject: Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Recommended Action: Recommend Approval to the Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Staff Report A - Application 16.Subject: Approval of two separate Master Agreements between the City of Cupertino and the Gilbane Building Company and between the City of Cupertino and CSG Consultants, Inc. to provide construction management services on various Capital Improvement Projects Recommended Action: 1)Authorize the City Manager to execute a Master Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $800,000 for a term of approximately two years; and 2)Authorize the City Manager to execute a Master Agreement between the City of Cupertino and CSG Consultants, Inc. in the amount not to exceed $800,000 for a term of approximately two years Staff Report A - Draft Master Agreement, Gilbane Building Company B - Draft Master Agreement, CSG Consultants, Inc. 17.Subject: Authority to award construction contract for Cupertino Sports Center (CSC) East Courts Resurfacing Project, No. 2015-04 Page 4 CITY OF CUPERTINO 4 March 15, 2016City Council AGENDA Recommended Action: 1. Authorize the City Manager to award a construction contract in an amount not to exceed the appropriated project budget limits, to the lowest responsive bidder if there are no unresolved bid protests; and 2. Authorize a construction contingency budget of 10% of the construction contract amount to address unforeseen conditions discovered during construction. Staff Report 18.Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street improvement projects Recommended Action: Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $325,000 from the date of execution through June 30, 2017, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the various street improvement projects Staff Report A - Draft Master Agreement 19.Subject: Mitigation Fee Act - Annual & Five-Year Report. Recommended Action: 1.) Accept the Five Year and Annual Review of the City of Cupertino’s Development Impact Fees (Government Code Section 66000 et seq.); and 2. Adopt Resolution No.16-026 Approving the Five-Year and Annual Development Impact Fee Reports and Making Required Findings Staff Report A - Developer In-Lieu Fee Report - Annual and Five-Year B - Draft Resolution SECOND READING OF ORDINANCES PUBLIC HEARINGS 20.Subject: Approval of the Fiscal Year 2016-17 Fee Schedule (continued from March 1) will be continued to April 5 Recommended Action: Under Postponements this item will be continued to April 5 ORDINANCES AND ACTION ITEMS 21.Subject: Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance as directed by Governor Brown's Executive Order B-29-15; Application No.(s):MCA-2015-02; Applicant(s): City of Cupertino; Location: Page 5 CITY OF CUPERTINO 5 March 15, 2016City Council AGENDA citywide Recommended Action: Conduct the first reading of Ordinance No. 16-2142: "An Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance” Staff Report A - Draft Ordinance No 16-2124 B - Redline Chapter 14.15, Landscape Ordinance C - 2015 State MWELO D - Redline 2015 State MWELO 22.Subject: Accept resignation of Housing Commissioner Krista Wilson and consider options for filling the unscheduled vacancy. Recommended Action: Accept resignation of Housing Commissioner Krista Wilson and direct staff to fill the unscheduled vacancy by one of the following options: a.) Appoint from the existing list of applicants that were interviewed in January (Attachment A); or b.) Hold a special recruitment and set an application deadline of 4:30 p.m. on Friday, April 15, 2016 and an interview date of May 3, 2016 beginning at 5:30 p.m. Staff Report A – Krista Wilson Resignation Letter B – Previously interviewed Housing Commission Applications REPORTS BY COUNCIL AND STAFF 23.Subject: Construction Project Updates Recommended Action: Receive Updates 24.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 CITY OF CUPERTINO 6 March 15, 2016City 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 7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1486 Name: Status:Type:Closed Session Agenda Ready File created:In control:2/9/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6. Agency designated representatives: Director of Administrative Services, City Manager, Dania Torres Wong. Employee organizations: Operating Engineers Local No. 3 Union, Cupertino Employees' Association. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject:ConferencewithLaborNegotiatorspursuanttoGovernmentCodeSection54957.6. Agencydesignatedrepresentatives:DirectorofAdministrativeServices,CityManager,Dania TorresWong.Employeeorganizations:OperatingEngineersLocalNo.3Union,Cupertino Employees' Association. CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0597 Name: Status:Type:Study Session Agenda Ready File created:In control:12/16/2014 City Council On agenda:Final action:3/15/2016 Title:Subject: Work Program study session Sponsors: Indexes: Code sections: Attachments:A - Redline Work Program 2016-2017 B - Clean Work Program 2016-2017 Action ByDate Action ResultVer. City Council3/15/20161 Subject: Work Program study session Review the 2016/2017 Work Program CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™9 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 1)    Pu r s u e  le g i s l a t i o n  to  co r r e c t  ou r   TE A / E R A F  in e q u i t y  al l o c a t i o n s . Co m p l e t e d .  Me m b e r s  of  th e  TE A  Wo r k i n g   Gr o u p  wo r k e d  wi t h  Se n a t o r  Be a l l ʹs st a f f  to   lo b b y  CA  Di r e c t o r  of  Fi n a n c e ,  Mi c h e a l  Co h e n .   As  a re s u l t ,  a fi x  to  th e  TE A  pr o p e r t y  ta x   in e q u i t y  is s u e  wa s  in c l u d e d  in  th e  FY 1 5 ‐16   Bu d g e t  Tr a i l e r  Bi l l . TE A ‐re l a t e d  pr o p e r t y  ta x  wi l l  be phased in over the  co u r s e  of  fi v e  ye a r s  an d  is  ex p e c t e d  to bring an  ad d i t i o n a l  $1 . 4  mi l l i o n  an n u a l l y  when fully  im p l e m e n t e d . 2)  Pr e p a r e  co m p r e h e n s i v e  De v e l o p m e n t   Se r v i c e s  fe e  st u d y .    Fe e  St u d y  is  co m p l e t e  an d  is  sc h e d u l e d  to  go   to  Au d i t  Co m m i t t e e  on  Ma r c h  21 s t   Fe e s  to  be  co m p r e h e n s i v e l y  re v i e w e d  every 5‐7 years.  La s t  re v i e w  in  20 0 7 . 1)              Ex p l o r e  an d  de v e l o p  ne w   on ‐li n e / m o b i l e  ap p l i c a t i o n s  to  be t t e r   in f o r m  an d  en g a g e  th e  pu b l i c  on  ci v i c   is s u e s . Pr o j e c t  sp e c i f i c a t i o n s  fo r  in ‐ho u s e    de v e l o p m e n t  of  Mo b i l e  Ci t y  Ha l l  ap p r o v e d   de v e l o p e d  De v e l o p m e n t  an d  de p l o y m e n t   co m p l e t e . Mo b i l e  95 0 1 4  la u n c h e d  in  De c e m b e r  2014 for IOS &  An d r o i d  ar e  co m p l e t e  an d  av a i l a b l e  on Googleplay  an d  th e  Ap p  st o r e . a.    Ge n e r a l i z e d  Ci t y  mo b i l e  po r t a l   si m i l a r  to  Ra n c h o  Cu c a m o n g a ʹs RC 2 G O . b.          On ‐li n e  In t e r a c t i v e  Bu d g e t b.  On ‐li n e  ga m e  bu d g e t  ga m e  no t  fu n d e d . No t  fu n d e d  so  it  ha s  be e n  re m o v e d  from work plan. CI T Y  MA N A G E R ʹS OF F I C E PU B L I C  AF F A I R S  RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   1                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 10 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 2)      De v e l o p    a   st r a t e g y    fo r    im p r o v i n g    ce l l  ph o n e  co v e r a g e  (w i t h  PW ) . Tw o  ci t y ‐ow n e d  pr o p e r t i e s  ha v e  be e n   id e n t i f i e d  fo r  ac t i v e  co n s i d e r a t i o n  by  Ci t y   Co u n c i l .  St a n d a r d i z e d  pr o c e s s  fo r  co m m u n i t y   no t i f i c a t i o n  an d  si t e  de s i g n  de v e l o p e d .  Th e   Ci v i c  Ce n t e r  To w e r  in s t a l l a t i o n  ha s  be e n   ap p r o v e d  by  Co u n c i l . AT & T  an d  Ve r i z o n  an t i c i p a t i n g  plan submission for  Co u n c i l  ac t i o n  by  6/ 1 5  ap p l i c a t i o n  and lease approved  in  20 1 5 .  In s t a l l a t i o n  ex p e c t e d  in 2016.  3)    Ex t e n d  fi b e r  to  th e  Se r v i c e  Ce n t e r .   Th e  Se r v i c e  Ce n t e r  is  on e  of  th e  la s t   re m a i n i n g  ci t y  fa c i l i t i e s  no t  in t e r c o n n e c t e d  by   Fi b e r  fi b e r  op t i c s .  Co u n c i l  ap p r o v e d  mi d y e a r   bu d g e t  fo r  pr o j e c t . Pr o j e c t  wo u l d  wa s  in c l u d e d  in  Mary Ave. streetscape  pr o j e c t  wh i c h  wa s  re j e c t e d  by  City Council.  A separate  re q u e s t  wi l l  be  in c l u d e d  in  th e  FY15/16 16/17 CIP.  4)    Im p l e m e n t  Vi r t u a l  De s k t o p  or  Vi r t u a l   Pr i v a t e  Ne t w o r k  so f t w a r e .  (V D I ) Se r v e r ,  ap p l i c a t i o n  an d  ne t w o r k   in f r a s t r u c t u r e  to  su p p o r t  vi r t u a l i z a t i o n  ha v e   be e n  in s t a l l e d .  De s k t o p  re p l a c e m e n t  mo d u l e s   ha v e  be e n  de l i v e r e d  to  th e  ci t y . Im p l e m e n t i n g  Ha v e  im p l e m e n t e d  phase 2 of VDI,  in c l u d i n g  in s t a l l a t i o n  of  50  140 virtual desktops  fo r  ci t y  em p l o y e e s  an d  co u n c i l m e m b e r s .  Currently  ev a l u a t i n g  ef f e c t i v e n e s s  of  program. 5)    Im p l e m e n t  a ne w  Te c h n o l o g y  Pl a n . U s e  Te c h n o l o g y  Wo r k i n g  Gr o u p  an d  TI C C   fo r  pr o j e c t  an d  st r a t e g y  re v i e w .  Cl o u d ‐ba s e d   em a i l  so l u t i o n  id e n t i f i e d .  Co n t i n u i n g  to   ex p a n d  ro l e s  of  st a f f  in  te c h n o l o g y   go v e r n a n c e  de c i s i o n s .  IT  As s e s s m e n t  re p o r t   co m p l e t e d . Be g a n  wo r k  wi t h  NE x L e v e l I T . c o m  on formal planning  pr o c e s s  Fe b r u a r y  20 1 5 .  Pr i o r i t i e s  identified for new  Ch i e f  Te c h n o l o g y  Of f i c e r . 6)  Im p l e m e n t  a ne w  ag e n d a   ma n a g e m e n t  sy s t e m  (G r a n i c u s  Le g i s t a r )   an d  Le g i s l a t i v e  Bo d y  we b p a g e  (I n S i t e ) . Pr o j e c t  we n t  li v e  on  2/ 1 5 . Pr o j e c t  Co m p l e t e RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   2                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 11 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 7)  En h a n c e  GI S  da t a  re s o u r c e s  an d   in f o r m a t i o n  ac c e s s  fo r  em p l o y e e s  an d   co m m u n i t y . Se r v i c e  re q u e s t s  ha v e  do u b l e d  in  fi v e  ye a r s .   Ma p g u i d e  se r v i c e  di s c o n t i n u e d .  De v e l o p i n g   pr o p o s a l  fo r  re p l a c e m e n t  mo b i l e  co m p a t i b l e   GI S  po r t a l ,  an d  ex p a n s i o n  of  as s e t  in v e n t o r y   to  su p p o r t  th e  Pu b l i c  Wo r k s  pr o d u c t i v i t y  an d   ef f i c i e n c y  pr o g r a m ,  an d  ot h e r  de p a r t m e n t a l   an d  co m m u n i t y  se r v i c e s .  Es t a b l i s h  we b  po r t a l   so  th a t  pu b l i c  ca n  ac c e s s  GI S  da t a .  Re p l a c i n g   Ma p G u i d e  (i n t e r n a l  Ci t y ‐wi d e  ma p p i n g   ap p l i c a t i o n )  an d  pu b l i c  Pr o p e r t y  In f o r m a t i o n   ap p l i c a t i o n  wi t h  Ma g n e t .  Ex p a n d i n g   Cu p e r t i n o ’ s  GI S ‐ce n t r i c  as s e t  ma n a g e m e n t   sy s t e m  to  in c l u d e  th e  Pa r k s  Gr o u n d s  Di v i s i o n   an d  Tr a f f i c  Si g n a l s  gr o u p .  Cu r r e n t l y  re f i n i n g   da t a m o d e l s  an d  bu i l d i n g  as s e t  in v e n t o r i e s  fo r   th e s e  gr o u p s .  De v e l o p i n g  GI S  St r a t e g i c  Pl a n   RF P .   De m a n d  fo r  ac c u r a t e ,  ac c e s s i b l e ,  timely and  co m p r e h e n s i v e  in f o r m a t i o n  has become central to  mu n i c i p a l  op e r a t i o n s  an d  se r v i c e .  Test and work with  Ma g n e t  CS I  te a m  on  in t e r n a l  and external mapping  ap p l i c a t i o n s .  Im p l e m e n t  an d  train Grounds and Traffic  Si g n a l  Di v i s i o n s  on  Ci t y w o r k s .  Post and Evaluate RFP  pr o p o s a l s . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   3                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 12 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 8)  En h a n c e  Co m m u n i t y  En g a g e m e n t   th r o u g h  so c i a l  me d i a  to o l s . De m o g r a p h i c s  su b c a t e g o r i e s  wi t h i n  th e  Ci t y   ha v e  be c o m e  in c r e a s i n g l y  re l i a n t  on  So c i a l   Me d i a  fo r  in f o r m a t i o n  ac c e s s .  Th e  Ci t y  ne e d s   to  ex p a n d  in  th a t  sp a c e  to  fu l l y  en g a g e  th e   co m m u n i t y .  Th r o u g h  th e  us e  of  di f f e r i n g   so c i a l  pl a t f o r m s ,  th e  Ci t y  is  no t  on l y    ab l e  to   di s s e m i n a t e  in f o r m a t i o n  mo r e  ef f e c t i v e l y ,  bu t   al s o  re s p o n d  to  cu s t o m e r  in q u i r i e s  at  a mo r e   ra p i d  pa c e .    Th i s  sp a c e  is  co n t i n u i n g  to   ex p a n d  th r o u g h  th e  us e  of  pa i d  ad v e r t i s i n g  to   br o a d e n  ou r  re a c h  to  no t  on l y  me m b e r s   wi t h i n  th e  co m m u n i t y ,  bu t  ou t s i d e  as  we l l .    Ev a l u a t e  ap p r o p r i a t e  So c i a l  Media platforms. Develop  so c i a l  me d i a  st r a t e g y  an d  bu i l d  a presence. In order to  fu r t h e r  ou r  su c c e s s  we  ar e  go i n g  to continue to enhance  in t e r d e p a r t m e n t a l  co o r d i n a t i o n  and participation.  We  wi l l  al s o  in c r e a s e  th e  us e  of  so c i a l  analytics to improve  co m m u n i c a t i o n s  pr a c t i c e s .    9)  Im p l e m e n t  re c o m m e n d a t i o n s  of  th e   20 1 5  Co m m u n i c a t i o n s  As s e s s m e n t . Pr i o r i t i e s  ha v e  be e n  id e n t i f i e d  an d  in i t i a l   re c o m m e n d a t i o n s  ha v e  be e n  im p l e m e n t e d ,   in c l u d i n g  cr e a t i o n  of  a ci t y w i d e   Co m m u n i c a t i o n  Wo r k i n g  Gr o u p . Cr e a t e  a ce n t r a l  in v e n t o r y  of  all communications  pl a t f o r m s  an d  ch a n n e l s . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   4                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 13 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 1)    St r e a m l i n e  ci t y  we b  co n t e n t  fo r  ne w   bu s i n e s s e s . Cr e a t e d  th e  ww w . I n B u s i n e s s C u p e r t i n o . c o m   we b s i t e  to  in c l u d e :  “H o w  to  St a r t  a Bu s i n e s s   in  Cu p e r t i n o ”  bo o k l e t  (E n g l i s h  an d  Ch i n e s e   ve r s i o n s ) ;  Sm a l l  Bu s i n e s s  Sy m p o s i u m   wo r k s h o p  vi d e o s ;  co p i e s  of  Th e  Bi z B u z z   bu s i n e s s  ne w s l e t t e r ;  li n k s  to  20 1 3   de m o g r a p h i c s ,  Ea t s  95 0 1 4 ,  an d  ot h e r   re s o u r c e s ;  an d  in f o r m a t i o n  on  ne w  Sm o k i n g   Or d i n a n c e .  De v e l o p  an  in t e g r a t e d  ap p r o a c h   fo r  ou t r e a c h  an d  ma r k e t i n g  to  br o k e r s ,   bu s i n e s s  ow n e r s ,  an d  ot h e r s  as  a ce n t e r  fo r   in n o v a t i o n  an d  th e  he a r t  of  Si l i c o n  Va l l e y .    Al s o  pr o v i d e  ex i s t i n g  an d  pr o s p e c t i v e   bu s i n e s s  ow n e r s  wi t h  re s o u r c e s  av a i l a b l e   th r o u g h  an  ea s y  to  na v i g a t e  bu s i n e s s  we b s i t e . Wi l l  co n t i n u e  to  as s e s s  th e  ne e d s  of businesses and add  he l p f u l  re s o u r c e s .    Wo r k  wi t h  the Cityʹs Public  Af f a i r s / C o m m u n i c a t i o n s  te a m  to redesign the  Ec o n o m i c  De v e l o p m e n t  we b p a g e s  within the Citywide  we b s i t e  en h a n c e m e n t .   2)    “H o w  to  St a r t  a Bu s i n e s s  in   Cu p e r t i n o ”  pa m p h l e t  (i n  mu l t i p l e   la n g u a g e s ) . Up d a t e  re s o u r c e  in f o r m a t i o n  bo o k l e t  as   ne e d e d .    Wi l l  be  in c l u d i n g  ad d i t i o n a l   re s o u r c e s  pr o v i d e d  by  th e  Cu p e r t i n o  li b r a r y .    On g o i n g . EC O N O M I C  DE V E L O P M E N T RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   5                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 14 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 3)    Se m i n a r s  fo r  ne w  sm a l l  bu s i n e s s e s   (h e l d  in  mu l t i p l e  la n g u a g e s ) . Ho s t  th i r d  an n u a l  Sm a l l  Bu s i n e s s  Sy m p o s i u m   in  th e  fa l l .  Ci t y co ‐sp o n s o r e d   Ch a m b e r / A A B C ’ s  “H o w  to  St a r t  a Bu s i n e s s ”   se m i n a r  (p r e s e n t e d  in  Ch i n e s e )  in  Au g u s t   20 1 4  an d  De p a r t m e n t  of  En v i r o n m e n t a l   He a l t h  (D E H )  wo r k s h o p s  fo r  re s t a u r a n t s   (p r e s e n t e d      in      En g l i s h  an d  Chi n e s e ) .   Ho s t   th e  fo u r t h  an n u a l  Sm a l l  Bu s i n e s s  Sy m p o s i u m   in  ea r l y  fa l l .    Co ‐sp o n s o r  th e  Ch a m b e r  AA B C   ʺHo w  to  St a r t  a Bu s i n e s s ʺ  se m i n a r  (p r e s e n t e d   in  Ch i n e s e )  in  Ma y  20 1 6 ,  mo n t h l y  sm a l l   bu s i n e s s  wo r k s h o p s  wi t h  th e  Ch a m b e r  an d   Cu p e r t i n o  Li b r a r y ,  Si l i c o n  Va l l e y  St a r t U p   Cu p ,  an d  ho s t  gu e s t  sp e a k e r s . Wi l l  co n t i n u e  to  se e k  ou t r e a c h  opportunities to reach  di v e r s e  po p u l a t i o n .  Lo o k i n g  to host business  wo r k s h o p s  or  “L u n c h  & Le a r n ”  sessions on a quarterly  ba s i s  in  co l l a b o r a t i o n  wi t h  th e  Cupertino Chamber of  Co m m e r c e  an d  th e  Cu p e r t i n o  Library. 4)    Ou t r e a c h  to  lo c a l  bu s i n e s s e s ,   pr o s p e c t i v e  bu s i n e s s  ow n e r s ,  an d   br o k e r s . Co n d u c t  si t e  vi s i t s  an d  me e t  wi t h  lo c a l   bu s i n e s s e s  to  un d e r s t a n d  cu r r e n t  bu s i n e s s   en v i r o n m e n t ,  as  we l l  as  pr o v i d e  re s o u r c e s   an d  in f o r m a t i o n  fo r  bu s i n e s s  su s t a i n a b i l i t y   an d  gr o w t h .    Pr o v i d e  co n s u l t a t i o n  me e t i n g s   to  pr o s p e c t i v e  bu s i n e s s  ow n e r s .    Me e t  wi t h   re t a i l  an d  co m m e r c i a l  br o k e r s  to  sh a r e   in f o r m a t i o n  an d  be t t e r  un d e r s t a n d  le a s i n g   ac t i v i t y . On g o i n g . 5)    In c r e a s e d  co o r d i n a t i o n  wi t h  th e   Ch a m b e r  of  Co m m e r c e . Ho l d i n g  re g u l a r l y  sc h e d u l e d  bi ‐we e k l y   Ci t y ‐Ch a m b e r  st a f f  me e t i n g s  ha v e  be e n   ef f e c t i v e  in  di s c u s s i n g  up c o m i n g  is s u e s ,  as   we l l  as  id e n t i f y i n g  wa y s  in  wh i c h  to   co l l a b o r a t e .   Wi l l  co n t i n u e  to  me e t  wi t h  Ch a m b e r  staff and board to  st r e n g t h e n  wo r k i n g  re l a t i o n s h i p s  and co‐sponsor  ev e n t s . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   6                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 15 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 6)    La u n c h  a “S h o p  Lo c a l ”  ca m p a i g n . “ S h o p  Cu p e r t i n o ”  me s s a g e  is  pr i n t e d  on   Ci t y ’ s  re u s a b l e  ba g s  an d  or d i n a n c e  si g n a g e .  A  fo r m a l  ca m p a i g n  pl a n  is  un d e r  de v e l o p m e n t .    Pr o m o t e  lo c a l  bu s i n e s s e s  th r o u g h  “E a t s   95 0 1 4 ”  di n i n g  gu i d e  ap p  an d .  ”C u p e r t i n o ‐At ‐ A‐Gl a n c e ”  we b s i t e . Dr a f t  a co m p r e h e n s i v e  “S h o p  & Dine Cupertino”  ca m p a i g n  ut i l i z i n g  Ea t s  95 0 1 4  and Cupertino‐At‐A‐ Gl a n c e  ap p s .   Dr a f t  a co m p r e h e n s i v e  campaign as part  of  th e  Ec o n o m i c  De v e l o p m e n t  Strategic Plan. 7)    En h a n c e  bu s i n e s s  ac c e s s  to  ci t y   se r v i c e s  in c l u d i n g  Gr e e n B i z  an d   em e r g e n c y  pr e p a r e d n e s s . Gr e e n B i z  an d  em e r g e n c y  pr e p a r e d n e s s   in f o r m a t i o n  fo r  bu s i n e s s e s  ha v e  be e n   in c l u d e d  in  th e  “H o w  to  St a r t  a Bu s i n e s s  in   Cu p e r t i n o ”  bo o k l e t .  Pr o g r a m  pa m p h l e t s  ar e   al s o  re g u l a r l y  di s t r i b u t e d  at  ev e n t s  an d   me e t i n g s  wi t h  bu s i n e s s e s .  Ec o n o m i c   De v e l o p m e n t  ne w s l e t t e r  (B i z B u z z )  co n t i n u e s   to  fe a t u r e  a ce r t i f i e d  Gr e e n B i z ,  as  we l l  as   pr o m o t e  tr a i n i n g s  an d  ev e n t s . On g o i n g . 8)    Wo r k  wi t h  Ec o n o m i c  De v e l o p m e n t   Co m m i t t e e  to  pr e p a r e  an  Ec o n o m i c   De v e l o p m e n t  St r a t e g i c  Pl a n .   Wo r k  wi t h   co n s u l t a n t s  to  fi n a l i z e  an d  pr e s e n t  to   Ci t y  Co u n c i l  an  Ec o n o m i c  De v e l o p m e n t   St r a t e g i c  Pl a n  (E D S P )  fo r  Cu p e r t i n o .        In  pr o g r e s s .  Co n s u l t a n t  re t a i n e d  an d  ex i s t i n g   co n d i t i o n s  re p o r t  ex p e c t e d  in  2n d  qu a r t e r   20 1 5 .    St a f f  is  wo r k i n g  wi t h  co n s u l t a n t s  on   po t e n t i a l  st r a t e g i e s  an d  ac t i o n  it e m s .    Dr a f t   ED S P  pl a n n e d  fo r  Ci t y  Co u n c i l  re v i e w  in  th e   su m m e r . Co m p l e t e  pl a n ,  wo r k i n g  wi t h  Economic Development  Co m m i t t e e  an d  Ch a m b e r . 9)  Ex p l o r e  th e  vi a b i l i t y  of  es t a b l i s h i n g  a  sm a l l  bu s i n e s s  de v e l o p m e n t  ce n t e r   wi t h i n  th e  Ci t y  of  Cu p e r t i n o . Th i s  is  a po t e n t i a l  ac t i o n  it e m  in  th e  ED S P  as   a me a n s  to  re t a i n  an d  gr o w  sm a l l  an d   mi d s i z e  bu s i n e s s e s . Po s s i b l e  de t a i l s  an d  ac t i o n  it e m s  to be included in the  fi n a l i z e d  ED S P . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   7                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 16 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 1)  Bu d g e t  fo r  an d  Im p l e m e n t  th e  Ci t y ’ s   Cl i m a t e  Ac t i o n  Pl a n  (C A P ) . St a f f  ar e  pr e p a r i n g  th e  fo l l o w i n g  fo r  Co u n c i l   re v i e w  as  pa r t  of  th e  FY 1 6 / 1 7  pr o p o s e d   bu d g e t : • Wo r k  pl a n  bu d g e t  an d  fu n d i n g  st r a t e g i e s   fo r  im p l e m e n t a t i o n  of  pr o g r a m s  in  th e  CA P   CA P  me a s u r e  im p l e m e n t a t i o n  pr o g r e s s   tr a c k i n g  pr o c e d u r e  an d  pr o c e s s  th a t  is  si m p l e   an d  st r e a m l i n e s  da t a  co l l e c t i o n  an d  re p o r t i n g   of  CA P  me a s u r e s .                                                                                                      • An n u a l  me t r i c s  an d  re p o r t  to  Su s t a i n a b i l i t y   Co m m i s s i o n  an d  Ci t y  Co u n c i l .   • CE Q A  ch e c k l i s t  to  de t e r m i n e  fu t u r e  pr o j e c t   co n s i s t e n c y  wi t h  th e  CA P  fo r  al l  de p a r t m e n t s   to  us e  fo r  pu b l i c  an d  pr i v a t e  pr o j e c t s ; • Co m m u n i t y  an d  mu n i c i p a l  op e r a t i o n s   Gr e e n h o u s e  Ga s  (G H G )  in v e n t o r y  us i n g  20 1 5   da t a ,  an d  an a l y z e  pr o g r e s s  to w a r d s  re d u c t i o n   go a l  of  re d u c i n g  GH G  15 %  be l o w  20 1 0   ba s e l i n e  by  20 2 0  As s o c i a t e d  mo n i t o r i n g   pr o g r a m  an d  up d a t e s  to  en s u r e  th e  Ci t y  is   ma k i n g  re a l  pr o g r e s s  to w a r d s  re d u c t i o n   ta r g e t s . On  Tu e s d a y ,  Ja n u a r y  20 ,  20 1 5  Cupertino City Council  un a n i m o u s l y  ad o p t e d  Cu p e r t i n o ’ s  first Climate Action  Pl a n .    CA P  Im p l e m e n t a t i o n  will follow the timeline  an d  fr a m e w o r k  pr o v i d e d  in  Appendix C of the  do c u m e n t .    Ne a r ‐te r m  (2 0 2 0 )  measures are outlined in  th i s  ye a r ’ s  wo r k  pr o g r a m  be l o w  (identified as CAP ‐  Me a s u r e  Ca t e g o r y  ‐   #) . SU S T A I N A B I L I T Y  DI V I S I O N RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   8                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 17 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 2)        La u n c h  an d  pa r t i c i p a t e  in  St u d y  th e   vi a b i l i t y  of  la u n c h i n g  a re g i o n a l   Co m m u n i t y  Ch o i c e  En e r g y  Pr o g r a m   (C A P  Me a s u r e  C‐E‐7) . As  di r e c t e d  by  th e  Cl i m a t e  Ac t i o n  Pl a n ,  th e   Ci t y  en g a g e d  in  a pr o c e s s  an d  co s t ‐sh a r i n g   ag r e e m e n t  wi t h  th e  ci t i e s  of  Su n n y v a l e  an d   Mo u n t a i n  Vi e w ,  al o n g  wi t h  Sa n t a  Cl a r a   Co u n t y ,  to  in i t i a t e  a fe a s i b i l i t y  an d  te c h n i c a l   st u d y  to  le a r n  th e  co s t s  an d  be n e f i t s  of   pu r s u i n g  th i s  ty p e  of  en e r g y  pr o c u r e m e n t   mo d e l  fo r  ou r  co m m u n i t y .  Re s u l t s  ar e   fa v o r a b l e  an d  Co u n c i l  el e c t e d  to  mo v e   fo r w a r d  in  pa r t i c i p a t i n g  in  th e  Si l i c o n  Va l l e y   Cl e a n  En e r g y  Au t h o r i t y  (l a u n c h i n g  Ap r i l   20 1 6 ) . St a f f  an t i c i p a t e s  pr o v i d i n g  th e  following services to the  Au t h o r i t y  th r o u g h  Oc t o b e r  20 1 6 :  executive recruitment  an d  hu m a n  re s o u r c e s ,  co m m u n i t y  outreach and  en g a g e m e n t ,  co n t r a c t i n g  an d  administration (as  ne e d e d ) .    Al l  st a f f  se r v i c e s  wi l l  be fully refundable to  th e  Ci t y  vi a  a se r v i c e s  ag r e e m e n t / c o n t r a c t  utilizing  fu n d s  pr o v i d e d  by  al l  ag e n c i e s  participating in the  Au t h o r i t y .  St a f f  an t i c i p a t e s  th e  initial study to conclude  in  Ap r i l ,  wi t h  a re p o r t  to  Co u n c i l  on the findings to be  pr e s e n t e d  in  Ma y .  Th i s  pr e s e n t a t i o n  will likely include  Co u n c i l ʹs co n s i d e r a t i o n  of  ad v a n c i n g  a technical study  to  fu r t h e r  ev a l u a t e  CC E  la u n c h  implications for our  Ci t y  an d  pa r t n e r  ag e n c i e s ,  as  well as a proposal to form  a JP A  to  ov e r s e e  th i s  an d  CC E  subsequent work.  3)    Re d e s i g n  Gr e e n B i z  an d  re s i d e n t i a l   en e r g y  ef f i c i e n c y  an d  wa t e r  co n s e r v a t i o n   pr o g r a m s  to  re f l e c t  cu r r e n t  in d u s t r y  be s t   pr a c t i c e s  (i . e .  be h a v i o r  ch a n g e ,   su s t a i n a b i l i t y  an d  re s i l i e n c e  ac t i v i t i e s )   an d  ac h i e v e  CA P  ob j e c t i v e s  (C A P   Me a s u r e  C‐E‐1,  2,  3) . Th e  Ci t y  is  wo r k i n g  wi t h  Am e r i C o r p s  to   ev a l u a t e  it s  cu r r e n t  re s i d e n t i a l  en e r g y   ef f i c i e n c y  an d  wa t e r  co n s e r v a t i o n  pr o g r a m s   an d  wi l l  de v e l o p  a pr o p o s a l  fo r  Co u n c i l   re v i e w  th a t  wi l l  re m o d e l  th e s e  se r v i c e s  to   ta k e  ad v a n t a g e  of  cu r r e n t  re b a t e s  an d   fi n a n c i n g  op t i o n s ,  re g i o n a l  pa r t n e r s h i p s ,  an d   ne w  ha r d w a r e  an d  so f t w a r e  ap p l i c a t i o n s .    Gr e e n B i z  is  al s o  un d e r g o i n g  re d e s i g n   th r o u g h  in ‐ho u s e  st a f f  as  pa r t  of  th e   pr o g r a m ’ s  Gr e e n  Bu s i n e s s  Ch a l l e n g e   pa r t i c i p a t i o n .   Th r o u g h  ne i g h b o r ‐to ‐ne i g h b o r  competitions, and  Cu p e r t i n o ʹs Do ‐It ‐Yo u r s e l f  (D I Y )  toolkit  (now  av a i l a b l e  at  li b r a r i e s  co u n t y w i d e ! ) ,  HouseCall  pa r t i c i p a t i o n  in c r e a s e d  to  ne a r l y  500 homes and ~  $1 0 0 , 0 0 0  pa r t i c i p a t i n g  ho u s e h o l d  savings.  Similarly,  Gr e e n B i z  en r o l l e d  ~5 0  sm a l l  to mid‐sized businesses,  en g a g e d  35 0 +  30 0 +  sm a l l  bu s i n e s s e s  in sustainability  pr a c t i c e s ,  re c e i v e d  th r e e  un i q u e  awards and associated  gr a n t  fu n d i n g ,  wa s  se l e c t e d  as  a California League of  Ci t i e s  He l e n  Pu t n a m  Aw a r d  finalist, and was recently  se l e c t e d  to  ho s t  a na t i o n a l  Gr e e n  Business Challenge. RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   9                         Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 18 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 4)  Gr o w  CA P ‐re l a t e d  da t a  ga t h e r i n g  an d   an a l y s i s  by  fu l l y  de v e l o p i n g  Fu l l y   de v e l o p  th e  ut i l i t y  co s t s  ac c o u n t i n g   pr o g r a m  an d  ev a l u a t e  as s o c i a t e d  st a f f i n g   ne e d s  (C A P  Me a s u r e  M‐F‐3) . Su s t a i n a b i l i t y  Di v i s i o n  st a f f  be n c h m a r k e d   en e r g y  ac r o s s  mu n i c i p a l  fa c i l i t i e s  an d  pa r k s   us i n g  EP A ’ s  En e r g y  St a r  Po r t f o l i o  Ma n a g e r   (a s  re q u i r e d  by  AB 1 1 0 3 )  an d  se p a r a t e l y   co n s t r u c t i n g  an  Ac c e s s  Da t a b a s e  of  al l  wa t e r   ut i l i t y  ac c o u n t s .    In  an  ef f o r t  to  bo t h  co n f i r m  pa s t  utility conservation  pr o j e c t ’ s  su c c e s s  an d  fu r t h e r  gauge municipal energy  an d  wa t e r  sa v i n g s  op p o r t u n i t i e s ,  staff are evaluating  cl o u d ‐ba s e d  en t e r p r i s e  ca r b o n  accounting software  to o l s  th a t  ca n  al s o  se r v e  as  a CAP tracking tool.  St a r t i n g  in  Ap r i l ,  st a f f  wi l l  pr e p a r e  quarterly utility  re p o r t s  fo r  th e  Pu b l i c  Wo r k s  Department. This will  al l o w  th e  Ci t y  to  im p r o v e  tr a c k i n g  of municipal  bu i l d i n g  en e r g y  da t a  by  de v e l o p i n g  an system to track  co n s u m p t i o n  da t a  by  fa c i l i t y  (CAP Measure M‐F‐3). 5)  Re i n v i g o r a t e  st a f f  on  wo r k p l a c e   en v i r o n m e n t a l  ac t i o n s  an d  re l a t e d  CA P   me a s u r e s  th r o u g h  co m m u n i t y ‐ba s e d   so c i a l  ma r k e t i n g  ca m p a i g n s  an d  re l a t e d   co m m u n i t y  en g a g e m e n t  ef f o r t s . In c r e a s e  in f o r m a t i o n  on  su s t a i n a b i l i t y   ac t i v i t i e s  an d  ut i l i z e  in t e r n a l    on l i n e  in t r a n e t   to  di s s e m i n a t e  in f o r m a t i o n  to  st a f f  on   co m m u t e r  be n e f i t s ,  bi k e  fl e e t ,  el e c t r i c  po o l   ve h i c l e s ,  en v i r o n m e n t a l  pu r c h a s i n g  po l i c y ,   bi k e  lo c k e r s ,  an d  ot h e r  su s t a i n a b i l i t y  re l a t e d   pr o g r a m s  fo r  ci t y  st a f f .  ( CA P  Me a s u r e  M‐VF ‐ 1 & 3)   Re v i s i t  gr e e n  te a m  in i t i a t i v e  and additional  fo r u m s / t o o l s  to  ra l l y  st a f f  su p p o r t  and engagement to  el e v a t e  be h a v i o r  ch a n g e  fo c u s e d  action across the  ag e n c y . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   10                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 19 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 1)  Ge n e r a l  Pl a n  Am e n d m e n t  to  re v i e w   la n d  us e  al t e r n a t i v e s  th a t  in c l u d e  op t i o n s   fo r  Ci t y ‐wi d e  de v e l o p m e n t  al l o c a t i o n s   (o f f i c e ,  co m m e r c i a l ,  ho t e l  an d   re s i d e n t i a l ) ,  as  we l l  as  bu i l d i n g  he i g h t s   an d  de n s i t i e s  fo r  co r r i d o r s ,  sp e c i a l   ce n t e r s ,  an d  se v e n  st u d y  ar e a s ,  in c l u d i n g   th e  Va l l c o  Sh o p p i n g  Di s t r i c t . Pr o j e c t  wa s  au t h o r i z e d  by  th e  Ci t y  Co u n c i l  in   Ma r c h  20 1 3 .    Co un c i l  ad o p t e d  Ge n e r a l  Pl a n   ex c e p t  fo r  ch a n g e s  re l a t e d  to  De v e l o p m e n t   Al l o c a t i o n ,  He i g h t s  at  Ga t e w a y s  an d  No d e s   an d  a pr o p o s e d  Co m m u n i t y  Be n e f i t  Pr o g r a m   in  De c e m b e r  20 1 4 . It e m  wi l l  be  pr e s e n t e d  to  Co u n c i l  in March 2015.  Co u n c i l  ad o p t e d  Ho u s i n g  El e m e n t  in May 2015.  Co u n c i l  ad o p t e d  po l i c y  fo r  au t h o r i z i n g  General Plan  am e n d m e n t  ap p l i c a t i o n s  in  Se p t e m b e r  2015. General  Pl a n  te x t  am e n d m e n t s  wi t h  co m m u n i t y  group input  ad o p t e d  by  Co u n c i l  in  Oc t o b e r  2015. Co u n c i l  pr o v i d e d  di r e c t i o n  in  Au g u s t  20 1 3  to   st u d y  si d e  se t b a c k s  an d  re s i d e n t i a l  de n s i t y   fo r  pr o j e c t s . Pr o p o s e d  HO C  st r e e t  si d e  se t b a c k  amendments to be  st a r t e d  re v i e w e d  by  PC  an d  CC in Spring/Summer  20 1 75. Pr o j e c t  wa s  on  ho l d  un t i l  af t e r  th e  bu l k  of  th e   Ge n e r a l  Pl a n  Am e n d m e n t  pr o j e c t  wa s   au t h o r i z e d  by  th e  Co u n c i l Fi s c a l  Ye a r   20 1 7 / 2 0 1 8 . Me t h o d  fo r  ca l c u l a t i n g  Resi d e n t i a l  density was revised  as  pa r t  of  Ge n e r a l  Pl a n / H o u s i n g  Element process on  De c e m b e r  4,  20 1 4 . Ci t y  st a f f  is  cu r r e n t l y  wo r k i n g  wi t h   co n s u l t a n t ,  MI G ,  to  pr e p a r e  th e  pr o p o s e d   HO C  st r e e t  si d e  ya r d  se t b a c k  am e n d m e n t s . 3)  Co n s i d e r  an  am e n d m e n t  to  th e   Ge n e r a l  Pl a n  Ho u s i n g  El e m e n t   (2 0 1 4 ‐20 2 2 )  to  ac c o m m o d a t e  th e  mo s t   re c e n t  AB A G  RH N A  al l o c a t i o n . Ci t y  Co u n c i l  au t h o r i z e d  st a f f  to  se n d  th e   Dr a f t  Ho u s i n g  El e m e n t  to  HC D  on  De c e m b e r   4,  20 1 4 .                                                                                                                                                                                                                       He a r i n g s  wi t h  Ho u s i n g  Co m m i s s i o n ,  Planning  Co m m i s s i o n  an d  Ci t y  Co u n c i l  are expected to take  pl a c e  in  Ma r c h ,  Ap r i l  an d  Ma y  2015. Final Housing  El e m e n t  ad o p t i o n  wa s  ha s  to  be completed by May 31,   20 1 5 . Ci t y  Co u n c i l  au t h o r i z e d  pr o j e c t  on  No v e m b e r   4,  20 1 3 .      2)      He a r t  of  th e  Ci t y  Sp e c i f i c  Pl a n   Am e n d m e n t  fo r  cl a r i f i c a t i o n s  to  th e   mi n i m u m  st r e e t  si d e  se t b a c k   re q u i r e m e n t s . CO M M U N I T Y  DE V E L O P M E N T RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   11                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 20 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS Re c e i v e d  co m p l i a n c e  le t t e r  fr o m  HC D  da t e d   Fe b r u a r y  5,  20 1 5 . 4)  Re v i e w  pa r k i n g  re q u i r e m e n t s  fo r   va r i o u s  la n d  us e s  in  th e  Zo n i n g   or d i n a n c e . In  Fe b r u a r y ,  th e  Pl a n n i n g  Co m m i s s i o n   re c o m m e n d e d  ad d i n g  th e  pr o j e c t  to  th e   up c o m i n g  20 1 4 ‐15  wo r k  pr o g r a m . Pr o p o s e d  to  be g i n  in  Sp r i n g / S u m m e r  2017 FY 15/16  af t e r  co m p l e t i o n  of  th e  Ge n e r a l  Plan Amendment.  Re v i s e  or d i n a n c e  to  co n f o r m  with new laws reducing  pa r k i n g  re q u i r e m e n t s  re l a t e d  to affordable housing  an d  pr o j e c t s  in  pr i o r i t y  de v e l o p m e n t  areas and transit. 5)  Up d a t e  Co n c e p t u a l  Pl a n s  (N o r t h  De   An z a  an d  So u t h  De  An z a ) . Su s p e n d e d  pe n d i n g  re s u l t s  of  ci t i z e n   in i t i a t i v e .   So f t w a r e  un d e r  de v e l o p m e n t  by  CS I  Ma g n e t   in  co n s u l t a t i o n  wi t h  Bu i l d i n g ,  Pl a n n i n g ,   Pu b l i c  Wo r k s  an d  Fi n a n c e . A fo r m a l  Co u n c i l  up d a t e  on  the permit system status is  ex p e c t e d  in  Fe b r u a r y / M a r c h  2015.   Project Internal  fi n a l  li v e  ro l l ‐ou t  ex p e c t e d  by  3rd quarter 2015  co m p l e t e d  in  Ja n u a r y  20 1 6 .  Anticipated launch date for  ex t e r n a l  po r t a l  is  Su m m e r / F a l l  2016. La u n c h  ha s  be e n  de l a y e d  du e  to  so f t w a r e   pe r f o r m a n c e  is s u e s . 7)                                                                                                                                             a)  Up d a t e  Be l o w  Ma r k e t  Ra t e  (B M R )   Ho u s i n g  Mi t i g a t i o n  Pr o c e d u r a l  Ma n u a l   an d  Ne x u s  St u d y . Dr a f t  Ne x u s  St u d y  an d  BM R  Ho u s i n g   Mi t i g a t i o n  Pr o c e d u r a l  Ma n u a l  un d e r   pr e p a r a t i o n  by  co n s u l t a n t ,  Ke y s e r  Ma r s t o n   As s o c i a t e s .  Co u n c i l  ad o p t e d  ne w  BM R  fe e s   an d  an  up d a t e d  BM R  Ho u s i n g  Mi t i g a t i o n   Pr o c e d u r a l  Ma n u a l  in  Ma y  20 1 5 .    Co u n c i l  he a r i n g  on  th e  Ne x u s  Study and BMR Housing  Mi t i g a t i o n  Pr o c e d u r a l  Ma n u a l  anticipated in  co n j u n c t i o n  wi t h  th e  Ho u s i n g  Element adoption in  Ma y  20 1 5 .   6)  Im p l e m e n t  “p a p e r l e s s ”  pe r m i t   ap p l i c a t i o n  sy s t e m . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   12                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 21 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS b)  Up d a t e  BM R  Ho u s i n g  Ad m i n i s t r a t i v e   Ma n u a l . Dr a f t  BM R  Ho u s i n g  Ad m i n i s t r a t i v e  Ma n u a l   un d e r  pr e p a r a t i o n . Ho u s i n g  Co m m i s s i o n   up d a t e d  BM R  Ho u s i n g  Ad m i n i s t r a t i v e   Ma n u a l  in  Se p t e m b e r  20 1 5 . Co u n c i l  he a r i n g  on  th e  BM R  Housing Administrative  Ma n u a l  an t i c i p a t e d  in  co n j u n c t i o n  with the Housing  El e m e n t  ad o p t i o n  in  Ma y  20 1 5 . .   8)  Ev a l u a t e  a “T e a c h e r  Ho u s i n g ”  pr o j e c t   in  pa r t n e r s h i p  wi t h  a no n ‐pr o f i t   de v e l o p e r . Ad d e d  th i s  it e m  as  pa r t  of  St r a t e g y  10  to  th e   Ge n e r a l  Pl a n  (2 0 1 4 ‐22 )  Ho u s i n g  El e m e n t  as   an  on g o i n g  ef f o r t    to  wo r k  wi t h  sc h o o l   di s t r i c t s  to  id e n t i f y  su r p l u s  or  un d e r u t i l i z e d   pr o p e r t i e s  fo r  te a c h e r s .   To  be  pu r s u e d  in  co o r d i n a t i o n  with and upon initiation  by  th e  sc h o o l  di s t r i c t s  an d / o r  non‐profit developer.   9)  Re v i s e  Pr i v a t e  Tr e e  Or d i n a n c e  (t o   st r e a m l i n e  pr o c e s s  an d  el i m i n a t e   di s i n c e n t i v e s ) . Re v i s e d  Tr e e  or d i n a n c e  ad o p t e d  by  Co u n c i l   on  De c e m b e r  2,  20 1 4 . Re v i s e d  or d i n a n c e  in  ef f e c t  as  of January 2, 2015.  Mi t i g a t e d  Ne g a t i v e  De c l a r a t i o n  (M N D )   pr e p a r e d  an d  ci r c u l a t e d  in  Au g u s t  20 1 4 .   Ba s e d  on  pu b l i c  co m m e n t s  re c e i v e d  on  MN D ,   En v i r o n m e n t a l  Im p a c t  Re p o r t  (E I R )  wi l l  be   pr e p a r e d . Pr e p a r a t i o n  of  EI R  an t i c i p a t e d  to begin February 2015. Ap p l i c a n t  pa i d  fe e s  fo r  te c h n i c a l  st u d i e s  fo r   EI R  De c e m b e r  20 1 4 . EI R  to  be  co m p l e t e d  Fa l l  20 1 5 . Pr e p a r a t i o n  of  EI R  pe n d i n g  re c e i p t  of  re v i s e d   pr o j e c t  de s c r i p t i o n  fr o m  ap p l i c a n t . An t i c i p a t e d  th a t  he a r i n g s  wi t h  ERC, Planning  Co m m i s s i o n  an d  Ci t y  Co u n c i l  expected in Fall/Winter  20 1 5 . Pr o j e c t  wi t h d r a w n  by  ap p l i c a n t . Co u n c i l  ap p r o v e d  pr o j e c t  on  Oc t .  15 ,  20 1 3 T a n t a u  Pa r k i n g  Ga r a g e  Ar c h i t e c t u r a l  and Site  Ap p r o v a l  an t i c i p a t e d  by  su m m e r  2015. 9)  10 )  Co n t i n u e  to  wo r k  on  th e  Pa r k s i d e   Tr a i l s  pr o j e c t  on  a 43 ‐ac r e  hi l l s i d e   pr o p e r t y  to  fa c i l i t a t e  re s i d e n t i a l   de v e l o p m e n t  on  ei g h t  ac r e s  an d   de d i c a t i o n  of  a cr e e k  co r r i d o r  an d  tr a i l   ea s e m e n t s  ov e r  a pa r k  pa r c e l  an d   ad j a c e n t  of f ‐si t e  la n d s . 10 )  11 )  Ap p l e  Ca m p u s  2 pr o j e c t RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   13                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 22 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS Th e  Ma i n  bu i l d i n g ,  pa r k i n g  st r u c t u r e ,  an d   Th e a t e r  an d  Fi t n e s s  Ce n t e r  un d e r   co n s t r u c t i o n .    Fi t n e s s  Ce n t e r  to  co m m e n c e   sh o r t l y .  Ar c h i t e c t u r a l  an d  Si t e  Ap p r o v a l  fo r   re m a i n i n g  bu i l d i n g s  on  Ph a s e  1 ‐   ou t d o o r   di n i n g  st a t i o n s ,  re c e p t i o n  bu i l d i n g s ,    ma i n t e n a n c e  bu i l d i n g s  et c .  an t i c i p a t e d   sp r i n g / s u m m e r  20 1 6 . Oc c u p a n c y  fo r  Ph a s e  1 an t i c i p a t e d  by Fall/Winter  20 1 6 /1 7 . St r e e t  Im p r o v e m e n t s  at  ra m p s  at  Wo l f e  an d  I‐ 28 0  an d  La w r e n c e  an d  I‐28 0  ar e  du e  to   co m m e n c e  sh o r t l y  an d  be  co m p l e t e d  by   sp r i n g  20 1 7 .  su r r o u n d i n g  si t e  un d e r   co n s t r u c t i o n  an d  to  be  co m p l e t e d  by  ea r l y   fa l l ,  20 1 5 . Of f s i t e  an d  ex t r a  ju r i s d i c t i o n a l  im p r o v e m e n t s   cu r r e n t l y  ou t  to  bi d  by  Ap p l e . Ph a s e  2 Ar c h i t e c t u r a l  an d  Si t e  Ap p r o v a l   ap p r o v e d  co n s t r u c t i o n  un d e r w a y  fo r  on e   of f i c e  bu i l d i n g ,  tw o  R& D  bu i l d i n g s  an d  a  se c o n d a r y  pa r k i n g  st r u c t u r e . Ph a s e  2 de m o l i t i o n  pe r m i t s  un d e r  re v i e w . Bu i l d i n g s  fo r  of f i c e ,  re t a i l  an d  pa r k i n g  ga r a g e   cu r r e n t l y  un d e r  co n s t r u c t i o n  co m p l e t e   (e x c e p t  fo r  la r g e  fo r m a t  Re t a i l  pa d s ) .  Ho t e l   an d  Lo f t  ap a r t m e n t s  un d e r  co n s t r u c t i o n . Re v i e w  of  Pa r k  by  Pa r k s  an d  Recreation Commission  he l d  on  Fe b r u a r y  5,  20 1 5 . 11 )  12 )  Ma i n  St r e e t  Pr o j e c t RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   14                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 23 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS Ap p l i c a t i o n  fo r  Pa r k ,  ar t  fe a t u r e  an d   re m a i n i n g  Ma j o r  Re t a i l  Bu i l d i n g  an d  Sh o p  6  su b m i t t e d . Re v i e w  of  Pa r k ,  Ma j o r  Re t a i l  Pad and Shop 6 by  Co u n c i l  ex p e c t e d  in  Ap r i l / M a y  2015. Re v i e w  of  ar t  fe a t u r e  by  Fi n e  Arts Commission in  Ma r c h / A p r i l  20 1 5 .  Pu b l i c  Ar t  package approved by the  Fi n e  Ar t s  Co m m i s s i o n  (F A C )  on 2/29/2016. Further  re f i n e m e n t s  to  th e  ar t  pa c k a g e ,  such as proposed  li g h t i n g  of  th e  ar t  wo r k ,  to  be  reviewed by the FAC  pr i o r  to  is s u a n c e  of  bu i l d i n g  permits. Ap p l i c a t i o n  fo r  Ga t e w a y  fe a t u r e  yet to be submitted. Ex p e c t e d  by  Ma y  20 1 5 12 )  13 )  Va l l c o  Sh o p p i n g  Di s t r i c t  Sp e c i f i c   Pl a n As  pa r t  of  th e  De c e m b e r  4,  20 1 4  Ge n e r a l  Pl a n   am e n d m e n t ,  th e  Co u n c i l  au t h o r i z e d  th e   pr e p a r a t i o n  of  a Sp e c i f i c  Pl a n  fo r  th e  Va l l c o   Sh o p p i n g  Di s t r i c t .  Ap p l i c a n t  su b m i t t e d  an   ap p l i c a t i o n  in  Se p t e m b e r  20 1 5 .   Ap p l i c a n t  ex p e c t s  to  co n d u c t  outreach and submit an  ap p l i c a t i o n  fo r  th e  Sp e c i f i c  Pl a n  and project in May  20 1 5 .  Pr e p a r a t i o n  of  Dr a f t  EI R  placed on hold at  ap p l i c a n t ʹs re q u e s t . 13 )  Ha m p t o n s  Ap a r t m e n t s Si t e  se l e c t e d  as  a Ho u s i n g  Pr i o r i t y  Si t e  in  Ma y   20 1 5  wi t h  ad o p t i o n  of  th e  Ho u s i n g  El e m e n t   wi t h  an  ad d i t i o n a l  ca p a c i t y  of  60 0  un i t s  ab o v e   th e  ex i s t i n g  34 2  un i t s  on  si t e .   Ap p l i c a n t  ap p l i e d  fo r  co m p l e t e   re d e v e l o p m e n t  of  si t e  wi t h  94 2  un i t s  in  la t e   Ma y  20 1 5 Pr o j e c t  un d e r  re v i e w  an d  en v i r o n m e n t a l  documents  un d e r  pr e p a r a t i o n .  An t i c i p a t e d  that Planning  Co m m i s s i o n  an d  Ci t y  Co u n c i l  hearings will take place  in  Su m m e r  20 1 6 . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   15                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 24 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 14 )  Ma r i n a  Pl a z a  Mi x e d  Us e   De v e l o p m e n t Si t e  se l e c t e d  as  a Ho u s i n g  Pr i o r i t y  Si t e  in  Ma y   20 1 5  wi t h  ad o p t i o n  of  th e  Ho u s i n g  El e m e n t .   Ap p l i c a n t  ap p l i e d  fo r  co m p l e t e   re d e v e l o p m e n t  of  Ma r i n a  Pl a z a  an d   Ma n d a r i n  Go u r m e t  si t e s  in  Se p t e m b e r  20 1 5 Pr o j e c t  an d  en v i r o n m e n t a l  do c u m e n t s  under review.  An t i c i p a t e d  th a t  Pl a n n i n g  Co m m i s s i o n  and City  Co u n c i l  he a r i n g s  wi l l  ta k e  pl a c e  in Summer 2016.  15 )  14 )  Im p l e m e n t  a Yo u n g  Ar t i s t  Aw a r d   Pr o g r a m . Th e  Fi n e  Ar t s  Co m m i t t e e  (F A C )  dr a f t i n g  th e   aw a r d  pr o g r a m  fo r  th e  ad o p t e d  an d   im p l e m e n t e d  th e  Yo u n g  Ar t i s t  Aw a r d   pr o g r a m  an d  wo u l d  li k e  to  im p l e m e n t  th i s   pr o g r a m  in  FY 1 5 / 1 6 .  Ar t i s t s  in  th r e e  ag e   ca t e g o r i e s  re c e i v e d  aw a r d s  at  th e  Fe b r u a r y  2,   20 1 6  Ci t y  Co u n c i l  me e t i n g . Bu d g e t  au g m e n t  ne e d e d  of  $2 5 0  for implementation of  th e  pr o g r a m .  Th e  Co m m i s s i o n e r s  proposed a budget  in c r e a s e  of  $3 0 0  fo r  th e  Yo u n g  Artist grant award, $150  fo r  aw a r d  pl a q u e s  an d  $8 0 0  fo r  outreach and display  ma t e r i a l s . 16 )  15 )  Im p l e m e n t  Ge n e r a l  Pl a n  St r a t e g y   LU ‐1. 3 . 1  by  pr e p a r i n g  an  or d i n a n c e  to   co d i f y  th e  Co m m u n i t y  Be n e f i t s  Pr o g r a m .   Ci t y  Co u n c i l  to  re v i e w  op t i o n  of  al l o w i n g  th e   Co m m u n i t y  Be n e f i t s  Pr o g r a m  in  Ge n e r a l  Pl a n   in  Ma r c h  20 1 5 . If  Co m m u n i t y  Be n e f i t s  Pr o g r a m  is authorized,  or d i n a n c e  to  co d i f y  re q u i r e m e n t s  will be prepared by  mi d ‐20 1 5 .  In s t e a d  of  a Co m m u n i t y  Benefits Program in  th e  Ge n e r a l  Pl a n ,  th e  Co u n c i l  adopted a policy and  pr o c e d u r e s  to  au t h o r i z e  pr o j e c t s  that propose General  Pl a n  Am e n d m e n t s  in  Se p t e m b e r  2015. This policy  al l o w s  co n s i d e r a t i o n  of  Vo l u n t a r y  Community  Am e n i t i e s  pr o p o s e d  by  ap p l i c a n t s  as part of the  au t h o r i z a t i o n  pr o c e s s . 17 )  Cr e a t e  a di g i t a l / o n ‐li n e  li b r a r y  of   cu r r e n t  an d  in d u s t r i a l  pl a n n i n g   do c u m e n t s .   Wi l l  re q u i r e  an  ap p r o p r i a t i o n  of part‐time resources. RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   16                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 25 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 1)  Pr e p a r e  Si d e w a l k  Pl a n  Up d a t e   Pe d e s t r i a n  Tr a n s p o r t a t i o n  Pl a n Re q u e s t  fu n d i n g  fo r  pl a n  fo r  FY 2 0 1 6 ‐17 B e g i n  st u d y  in  fa l l  of  20 1 6 . a.    Re v i e w  AD A  Tr a n s i t i o n  Pl a n   pr o v i s i o n s . a.    AD A  Tr a n s i t i o n  Pl a n  up d a t e  to  Ci t y   Co u n c i l  by  3/ 3 . a.    Mo v e  to  fu n d i n g / i m p l e m e n t a t i o n  phase. Complete b.    De v e l o p  st r a t e g y  to  ad v a n c e  si d e w a l k   im p r o v e m e n t s  an d  ri g h t  of  wa y   ac q u i s i t i o n  ah e a d  of  de v e l o p m e n t . b. An t i c i p a t e wo r k ef f o r t in sp r i n g of 20 1 5 fo r co d e  re v i e w . Re i m b u r s e m e n t  or d i n a n c e  am e n d e d .  Neighborhood  me e t i n g s  ex p e c t e d  to  oc c u r  20 1 6 .   c.  Co n s i d e r  Sa f e  Ro u t e s  to  Sc h o o l  an d   ot h e r  fu n d i n g  so u r c e s . c. Co n t i n u e to sc a n fo r an y po t e n t i a l fu n d i n g so u r c e s  to  pr o m o t e  si d e w a l k  de v e l o p m e n t . On ‐go i n g d.  Co m p l e t e  a Sa r e  Ro u t e s  to  Sc h o o l s   ma p  no t i n g  si d e w a l k  ga p s d.  Wo r k  wi t h  IT / G I S  to  de v e l o p  sidewalk layer on map.  Co m p l e t e e.  Up d a t e  Bi c y c l e  Tr a n s p o r t a t i o n  Pl a n   an d  in c l u d e  fe a s i b i l i t y  st u d y  on  Cl a s s  I  Bi k e  La n e s .   e. Th i s wi l l up d a t e na r r a t i v e of th e pl a n an d pr o v i d e a lo n g e r te r m vi s i o n . Al t a s t u d y i s un d e r w a y .   e.  Wi l l  co n d u c t  RF P  fo r  tr a n s p o r t a t i o n / m o b i l i t y   co n s u l t a n t  in  su m m e r  of  20 1 5 .   Study will come to City  Co u n c i l  in  Ma y  FY  15 / 1 6 .   2)  Im p l e m e n t  re c o m m e n d a t i o n s  in  20 1 6   Bi c y c l e  Tr a n s p o r t a t i o n  Pl a n Pl a n  sc h e d u l e d  to  be  ad o p t e d  by  Ci t y  Co u n c i l   in  Ma y ,  20 1 6 St a f f  wi l l  be  re q u e s t i n g  fu n d i n g  for the FY16/17 budget  to  be g i n  bi k e  pl a n  im p l e m e n t a t i o n .   Projects will likely  in c l u d e  a mi x  of  ne a r ‐te r m  im p r o v e m e n t s ,  longer‐term  st u d i e s ,  an d  ed u c a t i o n a l  an d  encouragement  ca m p a i g n s .                PU B L I C  WO R K S  DE P A R T M E N T RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   17                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 26 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 3)  2)  De v e l o p  a Tr a f f i c  Im p a c t  Fe e   Pr o g r a m   a.  Is s u e  RF P  an d  hi r e  Tr a n s p o r t a t i o n   co n s u l t a n t b.  De v e l o p  a tr a n s p o r t a t i o n   im p r o v e m e n t  pl a n c.  Es t a b l i s h  an d  en a c t  a tr a n s p o r t a t i o n   im p a c t  fe e In i t i a t i n g pr o j e c t . Fu n d i n g a p p r o v e d v i a 2 0 1 5 ‐ 16  Mi d ‐Ye a r  Bu d g e t . Th e  Mo b i l i t y  El e m e n t  of  th e  General Plan, Policy M‐ 10 . 1  an d  M‐10 . 2  di r e c t  st a f f  to  develop and implement  a ci t y w i d e  tr a n s p o r t a t i o n  im p r o v e m e n t  plan necessary  to  ac c o m m o d a t e  ve h i c u l a r ,  pe d e s t r i a n  and bicycle  tr a n s p o r t a t i o n  im p r o v e m e n t s  to meet the City’s needs,  an d  to  en a c t  a tr a n s p o r t a t i o n  impact fee for new  de v e l o p m e n t  to  en s u r e  su s t a i n a b l e  funding levels for  th e  Pl a n . 4)  Ex t e n d  fi b e r  op t i c  co m m u n i c a t i o n s  to   th e  Ci t y  Se r v i c e  Ce n t e r  on  Ma r y  Av e .    (s e e  al s o  Pu b l i c  Af f a i r s  #3 ) Pu b l i c  Wo r k s  wi l l  su b m i t  pr o j e c t  fo r   co n s i d e r a t i o n  in  th e  FY 1 6 / 1 7  CI P . St a f f  wi l l  pr e p a r e  pl a n s  an d  sp e c i f i c a t i o n s ,  and bid  pr o j e c t  on c e  bu d g e t  is  ap p r o v e d . 5) 3) Im p l e m e n t p r o g r a m s t o p r e s e r v e an d e n h a n c e p a v e m e n t c o n d i t i o n th r o u g h o u t  th e  Ci t y . FY 1 4 / 1 5 fu n d i n g of 8. 5 M Mi d y e a r a d j u s t m e n t of $ 7 . 5 M a n d F Y 1 5 / 1 6 f u n d i n g o f $ 6 M in c r e a s e d t h e o v e r a l l p a v e m e n t c o n d i t i o n in d e x o f t h e s t r e e t n e t w o r k f r o m 6 3 to 67 70   ou t  of  a po s s i b l e  10 0 . An n u a l f u n d i n g o f $ 6 . 5 M i s n e e d e d t o m a i n t a i n c u r r e n t pa v e m e n t c o n d i t i o n . W i t h a r t e r i a l & c o l l e c t o r s t r e e t s i n ve r y g o o d c o n d i t i o n , F Y 1 5 / 1 6 FY16/17projectswill fo c u s o n r e s i d e n t i a l s t r e e t s . T i m e l y p r e v e n t a t i v e ma i n t e n a n c e s a v e s d o l l a r s i n t h e f u t u r e . F u n d i n g o f $8 . 5 M  $6 . 5 M  fo r  FY  15 / 1 6  FY 1 6 / 1 7  will be requested. 4)  Co n t i n u e  to  de v e l o p  an d  im p l e m e n t   me a s u r e s  an d  po l i c i e s  to  co m p l y  wi t h   th e  ne w  re q u i r e m e n t s  of  th e    Ci t y ’ s   st o r m  wa t e r  di s c h a r g e  pe r m i t . Pr i o r i t i z i n g  co m p l i a n c e  wi t h  Litter Reduction  ma n d a t e s  of  40 %  by  Ju l y  1s t ;  70% by 7/1/2017 and 100%  by  7/ 1 / 2 0 2 2 . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   18                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 27 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 6)    5)  Co m p l y  wi t h  St a t e  so l i d  wa s t e   di v e r s i o n  re q u i r e m e n t s .  Im p l e m e n t  an d   en f o r c e  th e  St a t e ʹs re q u i r e m e n t s  fo r   co m m e r c i a l  re c y c l i n g  an d  co m m e r c i a l   or g a n i c  wa s t e  re c y c l i n g .   Ci t y  an d  se r v i c e  pr o v i d e r  ar e  ex c e e d i n g  th e   di v e r s i o n  re q u i r e m e n t s  of  AB 9 3 9 .  Be g i n n i n g   in  Ap r i l  20 1 6 ,  AB  18 2 6  wi l l  re q u i r e  bu s i n e s s e s   th a t  ge n e r a t e d  mo r e  th a n  8 cu b i c  ya r d s  pe r   we e k  of  or g a n i c s  to  re c y c l e  or g a n i c  wa s t e .    Ad d i t i o n a l  re q u i r e m e n t s  to  bu s i n e s s e s  th a t   ge n e r a t e  le s s  or g a n i c s  oc c u r  be y o n d  20 1 6 .      Cu p e r t i n o  mu n i c i p a l  co d e  re q u i r e d   bu s i n e s s e s  th a t  ge n e r a t e  mo r e  th a n  8 cu b i c   ya r d s  pe r  we e k  of  or g a n i c s  to  re c y c l e  or g a n i c   wa s t e  by  Se p t e m b e r  20 1 5  an d  bu s i n e s s e s  th a t   ge n e r a t e  3 cu b i c  ya r d s  by  Ja n  20 1 6 ,  se v e r a l   mo n t h s  ah e a d  of  th e  St a t e ʹs ma n d a t e  fo r  th e   sa m e  th r e s h o l d s .   St a f f  wi l l  be  re c o m m e n d i n g  ch a n g e s  to Ordinance 6.24  Ga r b a g e  an d  Re c y c l i n g  Co l l e c t i o n  and Disposal in  Ma r c h  20 1 5 .  Th e s e  ch a n g e s  will include input from the  se r v i c e  pr o v i d e r  an d  wi l l  af f e c t  diversion amounts.  Di v e r s i o n  is  a pe r f o r m a n c e  fa c t o r  of the franchise  ag r e e m e n t .  Ch a n g e s  to  di v e r s i o n  requirements have  th e  po t e n t i a l  to  in c r e a s e  so l i d  waste collection rates  th a t  ar e  co n s i d e r e d  an d  ap p r o v e d  by Council.   Staff  wi l l  be g i n  as s i s t i n g  an d  pr e p a r i n g  multi‐family  es t a b l i s h m e n t s  to  st a r t  re c y c l i n g  organic waste by July  20 1 8 .  Or g a n i c s  re c y c l i n g  by  bu s i n e s s e s  and multi‐ fa m i l y  si t e s  wi l l  af f e c t  di v e r s i o n  amounts. Diversion is  a pe r f o r m a n c e  fa c t o r  of  th e  fr a n c h i s e  agreement.  Ch a n g e s  to  di v e r s i o n  re q u i r e m e n t s  have the potential  to  in c r e a s e  so l i d  wa s t e  co l l e c t i o n  rates that are  co n s i d e r e d  an d  ap p r o v e d  by  Council. 7)    6)  Co n d u c t  au d i t  of  so l i d  wa s t e   fr a n c h i s e  ag r e e m e n t . Au d i t  es t a b l i s h i n g  ba s e l i n e  ex p e n s e s  fo r  20 1 0   an d  20 1 4  ha s  be e n  co m p l e t e d .    Ag r e e m e n t   wi t h  co n s u l t a n t  to  be  fi n a l i z e d  Fe b r u a r y  20 1 5   wi t h  au d i t  co m p l e t e  Ap r i l  20 1 5 .   Fr a n c h i s e e  ha s  su b m i t t e d  ra t e  request increase for  co m m e r c i a l  ac c o u n t s .  Co u n c i l  will consider this  re q u e s t  as  ea r l y  as  Ap r i l  20 1 6 .   Audit will establish  ba s e l i n e  ex p e n s e s  fo r  20 1 0  an d  2014.  Efficiency of  cu r r e n t  se r v i c e  pr o v i d e r  wi l l  also be evaluated.   Fi n d i n g s  of  au d i t  wi l l  as s i s t  st a f f  in considering and/or  re c o m m e n d i n g  an y  fu t u r e  ra t e  increases requested by  se r v i c e  pr o v i d e r .   8)    Co n s i d e r  pr o g r a m  el e m e n t s  of  a ne w   fr a n c h i s e  ag r e e m e n t  to  st a y  co m p e t i t i v e   wi t h  cu r r e n t  su s t a i n a b i l i t y  tr e n d s  an d   te c h n o l o g y . Ra t e  au d i t  ha s  be e n  co m p l e t e d  to  de t e r m i n e   on g o i n g  co s t s  of  cu r r e n t  pr o g r a m s  an d   re c y c l e d  or g a n i c s  pr o c e s s i n g .   Co n d u c t  st u d y  of  op p o r t u n i t i e s  and programs that  wo u l d  pr e v e n t  wa s t e  an d  in c r e a s e  diversion from  la n d f i l l . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   19                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 28 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 9)    7)   Re v i e w  Fl e e t  Ma n a g e m e n t  po l i c i e s P u b l i c  Wo r k s ,  Fi n a n c e  an d  Su s t a i n a b i l i t y  st a f f   co o r d i n a t e  al l  ne w  fl e e t  pu r c h a s e s .  Fl e e t  us e   an d  po l i c i e s  ar e  be i n g  de v e l o p e d  an d  re f i n e d .  Up d a t e  of  fl e e t  us e  an d  po l i c y  de v e l o p m e n t  is   an  on g o i n g  pr o c e s s . Ev a l u a t e  Ci t y ‐wi d e  fl e e t  ve h i c l e s  that may be  co n s i d e r e d  fo r  re p l a c e m e n t .   a.      Up d a t e  Ma n a g e d  Ve h i c l e   Re p l a c e m e n t  Pr o g r a m . Po o l ,  ma i l  an d  bu i l d i n g  of f i c i a l  ve h i c l e s  ma y   ha v e  th e  mo s t  pr o m i s e  fo r  el e c t r i c / h y b r i d   al t e r n a t i v e s .  Tw o  Bu i l d i n g  De p t .  ve h i c l e s   re p l a c e d  wi t h  Hy b r i d / E l e c .  FY  13 ‐14 .   Tw o  al l   el e c t r i c  an d  si x  pl u g  in  hy b r i d  ve h i c l e s  we r e   ad d e d  to  th e  fl e e t  in  FY 1 5 / 1 6 .  On e  al l  el e c t r i c   is  ut i l i z e d  as  a Ci t y  Ha l l  po o l  ve h i c l e .    Ev a l u a t e  fe a s i b i l i t y  to  tr a n s f e r  existing vehicles within  th e  fl e e t  so  th a t  pu r c h a s e s ,  if  needed, are more  en v i r o n m e n t a l l y  co n s c i e n c e .   i.        Co n s i d e r  co m p l e t e  li f e c y c l e  co s t s . In  Sp r i n g  20 1 5 ,  th e  Li b r a r y  an d  th e  Se r v i c e   Ce n t e r  ad d e d  tw o  an d  fo u r  el e c t r i c  ve h i c l e   ch a r g i n g  st a t i o n s ,  re s p e c t i v e l y . By  Sp r i n g  20 1 5 ,  th e  Se r v i c e  Ce n t e r  will have two  el e c t r i c  ve h i c l e  ch a r g i n g  st a t i o n s . ii .    Ev a l u a t e  ve h i c l e / e q u i p m e n t  sh a r i n g   wi t h  ot h e r  ag e n c i e s . Th e  tw o  ye a r  eq u i p m e n t  sh a r i n g  ag r e e m e n t   wi t h  th e  To w n  of  Lo s  Ga t o s  an d  Ci t y  of   Ca m p b e l l  we r e  re n e w e d  in  FY  15 / 1 6 Si m i l a r  op p o r t u n i t i e s  ma y  ex i s t  with other West Valley  Ci t i e s . ii i .  Ev a l u a t e  al t e r n a t e  fu e l  ve h i c l e   fe a s i b i l i t y  fo r  Se r v i c e  Ce n t e r  ve h i c l e s   (e l e c t r i c ,  hy b r i d ,  ba t t e r y  sy s t e m s  to   el i m i n a t e  lo n g  te r m  id l i n g )  (C A P   Me a s u r e  M‐VF ‐1,  2,  3) . St a f f  co m p l e t e d  an  an a l y s i s  of  al t e r n a t i v e  fu e l   ve h i c l e s  to  in f o r m  th e  FY 1 2 / 1 4  FY 1 3 / 1 4   Ve h i c l e  Re p l a c e m e n t  Sc h e d u l e  (V R S ) .  Th i s   do c u m e n t  co n t a i n s  a to o l  to  en a b l e  si m i l a r   as s e s s m e n t s  du r i n g  ea c h  FY  VR S . Th i s  al t e r n a t i v e  fu e l  ve h i c l e  st r a t e g y  also guides the  Ci t y  to w a r d s  ad d i t i o n a l    fl e e t   best  management   pr a c t i c e s    (e . g .  fl e e t  ri g h t ‐si z i n g ,  developing vehicle  vo c a t i o n a l  sp e c i f i c a t i o n s )  th a t  will be advanced as part  of  th i s  ye a r ’ s  VR S  an d  up d a t e d  environmentally  pr e f e r a b l e  pr o c u r e m e n t  po l i c y . iv .  Ev a l u a t e  fe a s i b i l i t y  to  tr a n s f e r   ex i s t i n g  ve h i c l e s  wi t h i n  th e  fl e e t  so  th a t   pu r c h a s e s ,  if  ne e d e d ,  ar e  mo r e   en v i r o n m e n t a l l y  co n s c i e n c e . Wa s  fe a s i b l e  wi t h  al l  si x  pu r c h a s e s  of  gr e e n   ve h i c l e s  in  FY 1 5 / 1 6 On g o i n g RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   20                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 29 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 10 )   8)  De v e l o p  a ci t y w i d e  al t e r n a t i v e  fu e l   (i n c l u d i n g  ch a r g i n g  st a t i o n s )  si t i n g  pl a n .   Si t i n g  pl a n s  wi l l  id e n t i f y  ap p r o p r i a t e   lo c a t i o n s  fo r  Le v e l  1 (s l o w  ch a r g e ) ,  Le v e l   2 (f a s t  ch a r g e )  an d  Le v e l  3 an d  DC  (r a p i d   ch a r g e )  st a t i o n s  in  th e  co m m u n i t y  (C A P   Me a s u r e  C‐T‐7 an d  M‐F‐1) .   Th e  Ci t y ʹs Su s t a i n a b i l i t y  Di v i s i o n  pa r t n e r e d   wi t h  Sa n t a  Cl a r a  Co u n t y  to  ap p l y  fo r  a  St r a t e g i c  Gr o w t h  Co u n c i l ,  Su s t a i n a b l e   Co m m u n i t i e s  Pl a n n i n g  Gr a n t  to  co m p l e t e  th i s   wo r k  at  no  co s t  to  th e  Ci t y .  Th e  Co u n t y  wa s   aw a r d e d  th e  co n t r a c t  to  mo v e  fo r w a r d  an d  a  wo r k  pl a n  is  be i n g  de v e l o p e d  to  ad v a n c e  th i s   ef f o r t  in  al l  pa r t n e r  ju r i s d i c t i o n s . Th i s  fu l l y ‐fu n d e d  pr o j e c t  wi l l  result in the  de v e l o p m e n t  of  an  al t e r n a t i v e  fuel siting plan for the  Ci t y  (e l e c t r i c  ve h i c l e  ch a r g i n g  stations and hydrogen  fu e l i n g  st a t i o n s  to  be  co n s i d e r e d ) ,  along with fleet and  pe r s o n a l  ve h i c l e  po l i c y  an d  in c e n t i v e  proposals to be  ad v a n c e d  at  th e  re g i o n a l  sc a l e .   Staff will share updates  wi t h  Co u n c i l  in  th e  co m i n g  months on progress and  ou t c o m e s  of  th i s  mu l t i a g e n c y  collaboration.   11 )  9)  De v e l o p  Ci v i c  Ce n t e r  Pl a n                                  a.      Fi n a n c i n g  Pl a n                                                                                    b.      So l a r / a l t e r n a t i v e  en e r g y  op t i o n s                      c.      En l a r g e  Li b r a r y  St o r y  Ro o m                    d.      In c l u d e  a Si s t e r  Ci t y  Di r e c t i o n a l  an d   Mi l e a g e  Ma r k e r  wi t h i n  Pl a n                        A Pr e f e r r e d  Pl a n  wa s  se l e c t e d  by  Co u n c i l  on   10 / 2 1 / 1 4 ,  in c l u d i n g  a ne w  re p l a c e m e n t  Ci t y   Ha l l  an d  ex p a n s i o n  of  th e  Li b r a r y  to  in c l u d e  a  Pr o g r a m  Ro o m .    An  en v i r o n m e n t a l  In i t i a l   St u d y  is  un d e r w a y  fo r  th e  Pl a n .  On  Ju l y  7,   20 1 5 ,  Co u n c i l  ap p r o v e d  th e  Ci v i c  Ce n t e r   Ma s t e r  Pl a n .    On  Au g u s t  18 ,  20 1 5 ,  Co u n c i l   co n s i d e r e d  wh e t h e r  to  fu n d  an  ar c h i t e c t u r a l   se r v i c e s  ag r e e m e n t  an d  di d  no t  ap p r o v e  th e   ag r e e m e n t  an d  di r e c t e d  st a f f  to  pr o v i d e  mo r e   in f o r m a t i o n  on  fi n a n c i n g  op t i o n s  fo r   im p l e m e n t i n g  th e  ma s t e r  pl a n .    On   No v e m b e r  17 ,  20 1 5 ,  Co u n c i l  co n s i d e r e d  an d   di s c u s s e d  th e  Re p o r t  on  Le a s e  Fi n a n c i n g  an d   di r e c t e d  st a f f  to  1)  ex p l o r e  op t i o n s  fo r  co s t  of   $4 0  M.  2)  ex p l o r e  an  op t i o n  of  le a s i n g  40 , 0 0 0   sq .  ft . ,  an d  3)  ex p l o r e  po s s i b i l i t y  of  bu i l d i n g   th e  pr o p o s e d  pr o j e c t  fo r  ha l f  th e  co s t .    On   De c e m b e r  10 ,  20 1 5 ,  St a f f  tr a n s m i t t e d  a re p o r t   to  co u n c i l  me m b e r s  ou t l i n i n g  pr o j e c t  de l i v e r y   op t i o n s . Ma s t e r  pl a n  do c u m e n t a t i o n  work, the draft Final  Ma s t e r  Pl a n ,  in c l u d i n g  fi n a n c i n g  options, will be  pr e s e n t e d  to  Co u n c i l  wi t h  th e  Initial Study to consider  fo r  ap p r o v a l .  Pr o j e c t  wi l l  mo v e  to implementation  Ph a s e  in  FY 1 5 / 1 6 .    Th e  Ci v i c  Center Master Plan project  is  co m p l e t e .    Sh o u l d  Co u n c i l  direct staff to implement  th e  pl a n  in  th e  fu t u r e ,  th e  wo r k  will be tracked as  an o t h e r  pr o j e c t . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   21                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 30 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 12 )    De v e l o p  an  al t e r n a t i v e  fo r  an   Em e r g e n c y  Op e r a t i o n s  Ce n t e r  at  a  fa c i l i t y  ot h e r  th a n  Ci t y  Ha l l . St a f f  wi l l  pr e s e n t  al t e r n a t i v e  EOC as a potential CIP for  FY  16 / 1 7 13 )  10 )  Im p l e m e n t  ma j o r  CI P  pr o j e c t s a.    Mc C l e l l a n  En v i r o n m e n t a l  Ed u c a t i o n          Ce n t e r  (E E C )  an d  Bl a c k s m i t h  Sh o p a.    EEC  co n s t r u c t i o n  is  un d e r w a y . a.           An t i c i p a t e  EE C  su b s t a n t i a l  completion of  co n s t r u c t i o n  co n t r a c t  in  Ap r i l  2015. Complete b.    Mo n t a  Vi s t a  St o r m  Dr a i n b.      Mo n t a  Vi s t a  St o r m  Dr a i n  is  an t i c i p a t e d  to   be g i n  co n s t r u c t i o n  in  Ap r i l / M a y  20 1 5 . b.             An t i c i p a t e d  co m p l e t i o n  of Monta Vista Storm  Dr a i n  pr o j e c t  in  Au g u s t  14 ,  20 1 5  (before start of school  in  Tr i ‐Sc h o o l  ar e a ) .  Co m p l e t e c.    Bu b b / M c C l e l l a n  St o r m  Dr a i n c .      De s i g n  fo r  th e  Bu b b / M c C l e l l a n  pr o j e c t  wi l l   be  co m p l e t e  Ma y  20 1 5 . c.          Co n s t r u c t i o n  of  Bu b b / M c C l e l l a n  project will begin  by  Ju l y  20 1 5 .  Al l  wo r k  on  Mc C l e l l a n  will be completed  by  th e  st a r t  of  th e  15 / 1 6 .  Co m p l e t e d.    Qu i n l a n  Co m m u n i t y  Ce n t e r  In t e r i o r   Up g r a d e s d.    Co n t r a c t  to  re f r e s h  th e  Ce n t e r  wa s   aw a r d e d  in  De c e m b e r . d.      Re f r e s h  wo r k  be g i n s  in  th e  building Feb. 9th;  co m p l e t i o n  an t i c i p a t e d  in  Ap r i l  2015. Complete e.  Sp o r t s  Ce n t e r  – We s t  Si d e  Co u r t s   Im p r o v e m e n t  (s p o r t  co u r t ,  re s u r f a c e  5  te n n i s  co u r t s ,  in s t a l l  li g h t i n g  fo r  3 co u r t s ) e.  Th e  3 pr o j e c t s  wi l l  be  pe r f o r m e d  un d e r  a  si n g l e  co n s t r u c t i o n  co n t r a c t  fo r  ef f i c i e n c y  an d   to  mi n i m i z e  im p a c t  on  ad j a c e n t  ne i g h b o r s ;  in   co n s t r u c t i o n  do c u m e n t s  in  de v e l o p m e n t . e.  An t i c i p a t e  co n s t r u c t i o n  in  August‐ December.               Co m p l e t e f.    Fo o t h i l l / C u p e r t i n o  Ro a d  St o r m  Dr a i n f .      De s i g n  fo r  th e  Fo o t h i l l / C u p e r t i n o  Rd .   st o r m  dr a i n  pr o j e c t  wi l l  be  co m p l e t e  Ju n e   20 1 6 . f.      If  au t h o r i z e d  in  th e  FY 1 6 / 1 7  CIP, construction of  Fo o t h i l l / C u p e r t i n o  Rd .  st o r m  drain project will begin  by  Ju l y  20 1 6 .  Al l  wo r k    wi l l  be  completed prior to the  st a r t  of  th e  20 1 6  we t  se a s o n . g.  Si s t e r  Ci t y  Di r e c t i o n a l  an d  Mi l e a g e   Ma r k e r  at  Ci v i c  Ce n t e r g.  De s i g n  is  co m p l e t e . g.  An t i c i p a t e  in s t a l l a t i o n  be f o r e  the end of FY 2015‐16 RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   22                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 31 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS h.  Sp o r t  Ce n t e r  ‐   Ea s t  Co u r t s  Re s u r f a c i n g   pr o j e c t h.  Pr o j e c t  is  ad v e r t i s e d  fo r  bi d s .  Wo r k  wi l l  be   im p l e m e n t e d  in  tw o  st a g e s  ov e r  sp r i n g  an d   fa l l  se a s o n s  to  al i g n  wi t h  fa c i l i t y  se r v i c e   op e r a t i o n . h.  An t i c i p a t e  co n s t r u c t i o n  to  start in April 2015 i.  Mo n t a  Vi s t a  ar e a  si d e w a l k   im p r o v e m e n t  pr o j e c t s :  Pa s a d e n a  Av e .   Pu b l i c  Im p r o v e m e n t s i.  Co n s u l t a n t  ha s  be e n  se l e c t e d  an d  in i t i a l   re s e a r c h  an d  su r v e y  wo r k  is  un d e r w a y . i.  An t i c i p a t e  bi d  in  sp r i n g  20 1 6  for summer  co n s t r u c t i o n  st a r t . j.  Bl a c k b e r r y  Fa r m ‐Sp l a s h  Pa d    j.  Sc h e d u l e d  fo r  sp r i n g  20 1 6  st a r t  of  de s i g n .    Su b j e c t  to  ap p r o v a l  of  th e  St e v e n s  Cr e e k   Co r r i d o r  Ma s t e r  Pl a n ,  th i s  pr o j e c t  wi l l  be   in i t i a t e d . j.  Up o n  ap p r o v a l  of  th e  St e v e n s  Creek Corridor Master  Pl a n ,  th i s  pr o j e c t  wi l l  be  in i t i a t e d  if included. k.  Mc C l e l l a n  Ra n c h  We s t ‐Gr e e n  Pa r k i n g k.  In s t a l l  du r a b l e  pe r v i o u s  su r f a c e  ‐   me a d o w ‐ es q u e ,  fo r  al t e r n a t i v e  pa r k i n g  fo r  st a f f  an d   pa r k  us e r s .    In i t i a t e  pl a n n i n g  an d  de s i g n  in   sp r i n g  20 1 6 . k.  An t i c i p a t e  fa l l  20 1 6  co n s t r u c t i o n ,  upon authorization  of  co n s t r u c t i o n  pr o j e c t  fu n d s l.  St o r m  Dr a i n  Ma s t e r  Pl a n  Up d a t e l.  Co n d u c t i n g  su r v e y  of  ex i s t i n g  sy s t e m  an d   co l l e c t i n g  da t a .    An t i c i p a t e  co m p l e t i o n  of  th i s   ph a s e  in  su m m e r  20 1 6 . l.  An t i c i p a t e  st a r t  of  ma s t e r  pl a n  calculations in  su m m e r  20 1 6  wi t h  go a l  of  co m p l e t i o n  by end of CY  20 1 6 . 14 )  11 )  De v e l o p  a sc h o o l  si t e  pe d e s t r i a n ‐ bi k e ‐tr a f f i c  sa f e t y  pr o g r a m . Fu l l t i m e  Sa f e  Ro u t e s  to  Sc h o o l s  Co o r d i n a t o r   ap p r o v e d  at  th e  Ma r c h  1 Co u n c i l  me e t i n g .   Cu p e r t i n o  ha s  a lo w  ra t e  of  wa l k i n g  an d   bi k i n g  to  sc h o o l  co m p a r e d  wi t h  ot h e r  ci t i e s .   Th i s  is  pa r t i a l l y  du e  to  a pe r c e i v e d  co n c e r n   re g a r d i n g  sa f e t y . a.  De v e l o p  st r a t e g i e s  ba s e d  on  other citiesʹ best  pr a c t i c e s .  wi t h  th e  as s i s t a n c e  of possibly a consultant.      b.  Es t a b l i s h  st a f f i n g  ne e d .                                                                                                           c.  Im p l e m e n t  st r a t e g y  wi t h  ad e q u a t e  resources. 15 )  Ne g o t i a t e  ne w  Jo i n t  Po w e r s   Ag r e e m e n t  wi t h  Cu p e r t i n o  Un i f i e d   Sc h o o l  Di s t r i c t  fo r  sh a r e d  sp o r t s  fi e l d s Ex i s t i n g  ag r e e m e n t  su n s e t s  Ju n e  20 1 6 N e g o t i a t i o n s  un d e r  wa y . 16 )  Co n d u c t  co m p r e h e n s i v e  au d i t  of  Ci t y   ow n e d  po t a b l e  wa t e r  sy s t e m . Cu r r e n t  le a s e  ag r e e m e n t  ex p i r e s  in  20 2 2 . A u d i t  ma y  be  co m p l e t e  as  ea r l y  as June 2016. RE C R E A T I O N  AN D  CO M M U N I T Y  SE R V I C E S  DE P A R T M E N T RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   23                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 32 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 1)  St e v e n s  Cr e e k  Bo u l e v a r d  to  Mc C l e l l a n   Ra n c h  Ro a d  Pr e s e r v e  Ma s t e r  Pl a n   (i n c l u d e s  St o c k l m e i r ,  BB F  Go l f  Co u r s e ,   BB F  Pi c n i c ‐Sw i m ;  Mc C l e l l a n  Ra n c h ;   Mc C l e l l a n  Ra n c h  We s t ) Co m m u n i t y  Ou t r e a c h  co m p l e t e .  3 co n c e p t s   ha v e  be e n  pr e s e n t e d  to  th e  P& R  Co m m i s s i o n   & Ci t y  Co u n c i l .                                           Co u n c i l   re c o m m e n d e d  ar e a s  fo r  st u d y  to  MI G / S t a f f  on   2/ 3 / 1 5 .  St a f f  is  cl a r i f y i n g  re c o m m e n d a t i o n s .   Re p o r t  sc h e d u l e d  fo r  Pa r k s  & Re c   Co m m i s s i o n  on  3/ 3 / 1 6 MI G  is  co m p l e t i n g  it s  an a l y s i s  and mitigated negative  de c l a r a t i o n  (M N D ) r e p o r t  fo r  the corridor project.   Will  be  pr e s e n t e d  to  Co u n c i l  in  la t e  Spring 2016. Once  re c o m m e n d a t i o n s  ar e  re c e i v e d  from Council, MIG will  an a l y z e  an d  pr e p a r e  an  (E I R )  environmental impact  re p o r t  fo r  th e  co r r i d o r  pr o j e c t .  Estimated October 2015  fo r  re p o r t .  St a f f  is  as s e s s i n g  whether an EIR is still  ne c e s s a r y  gi v e n  cu r r e n t  co u n c i l  direction.  2)  Sp o r t s  Ce n t e r  Im p r o v e m e n t s : a.    Re p l a c e  eq u i p m e n t :  Ad d  TV  mo n i t o r s   wi t h  ex p a n d e d  ch a n n e l s   a.    Re p l a c e d  eq u i p m e n t ‐co m p l e t e .                        b.    Re f u r b i s h  mo n u m e n t  si g n b.    Mo n u m e n t  si g n ‐co m p l e t e                                              c.    Re p a i r  th e  Sp o r t s  Ce n t e r  le a n i n g   re t a i n i n g  wa l l . c. ‐f.  CI P  pr o j e c t s  (4 )  in  de s i g n  an d   co n s t r u c t i o n  Co m p l e t e Te n n i s  Co u r t  re ‐su r f a c i n g  fo r  the east side to start April  20 1 6 .  Ma j o r i t y  of  ca p i t a l  pr o j e c t s  have been scheduled  fo r  th e  Au g u s t  20 1 5  to  Ma r c h  2016 time period to have  th e  le a s t  im p a c t  to  ou r  sp r i n g / s u m m e r  tennis classes.  d.    Co n s t r u c t  th e  Sp o r t s  Co u r t .                  (s e e   al s o  Pu b l i c  Wo r k s  #1 3 e ) e.    St a r t  th e  te n n i s  re s u r f a c i n g  pr o j e c t    (s e e  al s o  Pu b l i c  Wo r k s  #1 3 e ) f.    Li g h t  th e  St e v e n s  Cr e e k  Bo u l e v a r d   we s t  co u r t s  (s e e  al s o  Pu b l i c  Wo r k s  #1 3 e ) 3)  Ex p a n d  Bl a c k b e r r y  Fa r m  op e r a t i o n s  to   36 5  da y s / y e a r Co u n c i l  di r e c t e d  MI G    an d  st a f f  to  no t  ex p a n d   op e r a t i o n s  on  2/ 3 / 1 5 Pr o j e c t  ca n c e l e d  on  ho l d  as  of  2/3/15 RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   24                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 33 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 4)  Co n t i n u e  to  re s t o r e  th e  St o c k l m e i r   le g a c y  fa r m Or a n g e  tr e e s  we r e  ha r v e s t e d  in  20 1 3  an d   pr u n e d  & ha r v e s t e d  in  20 1 4  on  2/ 1 4 / 1 6  wi t h   pr o d u c e  go i n g  to  lo c a l  fo o d  ba n k s .  No   ha r v e s t  wi l l  ta k e  pl a c e  fo r  20 1 5 .    Tr a i l  us e r s   ar e  pi c k i n g  th e  fr u i t  th e r e f o r e  th e  ha r v e s t  is   no  lo n g e r  ne c e s s a r y .  Es t i m a t e d  fr u i t   pr o d u c e d  in  20 1 6  is  4, 0 0 0  lb s .    Fu l l   im p l e m e n t a t i o n  pe n d i n g  Ci t y  Co u n c i l   ap p r o v a l  of  Co r r i d o r  Ma s t e r  Pl a n  FY  15 / 1 6 . Us e  of  th e  en t i r e  pr o p e r t y  (g a r d e n s ,  house, orchard) is  be i n g  ad d r e s s e d  in  th e  Co r r i d o r  Master Plan. Rotary  ha s  pr o p o s e d  (2 / 1 9 / 1 6 )  to  re f u r b i s h  the house and  su r r o u n d i n g  gr o u n d s ,  ex c l u s i v e  of the orchard. 5)  In v e s t i g a t e  an d  re p la c e  th e  re c r e a t i o n   re g i s t r a t i o n  so f t w a r e  wi t h  a cl o u d ‐ba s e d   so f t w a r e  ve r s i o n  to  be  ac c e s s e d  at  an y   Ci t y  fa c i l i t y . RF D  dr a f t  in  pr o g r e s s .    St a f f  is  as s e s s i n g   so f t w a r e  op t i o n s . Th e  Pe r f e c t M i n d  Co n t r a c t   wa s  ex e c u t e d  on  2/ 1 / 1 6 RF P  wi l l  be  is s u e d  Ma r c h  20 1 5 .   Efficiency audits  pl a n n e d  on  ke y  pr o c e s s e s  in  March.  Discovery phase  to  st a r t  wi t h  co m p l e t i o n  Sp r i n g  2017 6)  In s t a l l  a sp l a s h  pa d  at  Bl a c k b e r r y   Fa r m  po o l  ar e a .  (s e e  al s o  Pu b l i c  Wo r k s   it e m  #1 3 j ) In c l u d e d  in  FY  14 / 1 5  15 / 1 6  CI P . O n  ho l d  pe n d i n g  co m p l e t i o n  of the Corridor Master  Pl a n 7)  Ex p a n d  an d  in t e g r a t e  Bl o c k  Le a d e r ,   Ne i g h b o r h o o d  Wa t c h ,  an d  Di s a s t e r   Pr e p a r e d n e s s  Pr o g r a m s . Al l  th r e e  pr o g r a m s  ha v e  be e n  mo v e d  to  th e   Re c r e a t i o n  an d  Co m m u n i t y  Se r v i c e s   De p a r t m e n t ,  in c l u d i n g  th e  Si s t e r  Ci t y   pr o g r a m . Th e s e  pr o g r a m s  wi l l  be  re p o r t i n g  to the new Business  an d  Co m m u n i t y  Se r v i c e s  Di v i s i o n . 8)  Ut i l i z e  Bl o c k  Le a d e r  Pr o g r a m  to   pr o v i d e  “g r a s s  ro o t s ”  no t i f i c a t i o n  to   re s i d e n t s  of  Co m m u n i t y  De v e l o p m e n t   an d / o r  Pu b l i c  Wo r k s  pr o j e c t s . Ne x t  Do o r  “T o  da t e ,  4, 0 0 0  6, 0 0 0  + re s i d e n t s   us e  th e  si t e .  On ‐go i n g  me e t i n g s  to  ed u c a t e  th e   Bl o c k  Le a d e r s  on  Ci t y  Se r v i c e s  ha v e  be e n   we l l  re c e i v e d . Bl o c k  Le a d e r s  wi l l  be  in v o l v e d  in the City Wide Park  Op e n  Sp a c e  & Re c r e a t i o n  Ma s t e r  Plan as well as the  Pa r k l e t  pi l o t  pr o g r a m . Im p l e m e n t  mo n t h l y  me e t i n g s . A ci t y w i d e  pa r k  ma s t e r  pl a n  has been proposed by the  Pa r k s  & Re c r e a t i o n  Co m m i s s i o n  to be considered in the  FY  15 / 1 6  Wo r k  pl a n  an d  bu d g e t .  Public Works has  be e n  an  im p o r t a n t  co n t r i b u t i o n  to the City Wide Park  Op e n  Sp a c e  & Re c r e a t i o n  Ma s t e r  Plan. 9)  Im p l e m e n t  an  on g o i n g ,  ac t i v e   pa r t n e r s h i p  wi t h  Pu b l i c  Wo r k s  to   id e n t i f y  im p r o v e m e n t s  an d  en h a n c e  ou r   ne i g h b o r h o o d  pa r k s ,  in c l u d i n g  an   on g o i n g  pa r k  ma i n t e n a n c e  sc h e d u l e  an d   Pa r k  Ma s t e r  Pl a n . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   25                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 34 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS Mu t u a l l y  ag r e e d  to  ma i n t e n a n c e  st a n d a r d s   be i n g  es t a b l i s h e d  wi t h  im p r o v e m e n t s   id e n t i f i e d  by  pa r k . Po t e n t i a l  CI P  pr o j e c t s  wi l l  be  id e n t i f i e d  in   or d e r  of  ne e d . 10 )  Ex p l o r e  po t e n t i a l  of  pa r t n e r s h i p s   wi t h  th e  SC C  Li b r a r y ,  YM C A ,  Ro t a r y   an d  ot h e r  gr o u p s  to  en h a n c e / e x p a n d   pr o g r a m s . In i t i a l  ou t r e a c h  me e t i n g s  st a r t e d  in  2/ 1 4  2/ 1 5 .      Pr o j e c t s  in  Pr o g r e s s :    Ad o p t  a Ga r d e n  EE C   Tu r t l e  Po n d   St a f f  is  me e t i n g  re g u l a r l y  wi t h  the Library and YMCA.   St a f f  wi l l  co o r d i n a t e  wi t h  ot h e r  entities to expand  pr o g r a m s  an d  re d u c e  re d u n d a n c i e s  through  pa r t n e r s h i p s .   11 )  Fa c i l i t a t e  a Ci t y ‐wi d e  su r v e y  of    us e r s   an d  po t e n t i a l  us e r s  to  id e n t i f y  th e   fa c i l i t i e s  an d  pr o g r a m m i n g  ne e d s  of  ou r   co m m u n i t y .                                                                                                      a)  Ex p l o r e  po t e n t i a l  lo c a t i o n  fo r  a cr i c k e t   ba t t i n g  ca g e . Wi l l  be  ad d r e s s e d  wi t h  th e  Co r r i d o r  Ma s t e r   Pl a n  an d  Ci t y ‐wi d e  Pa r k  Ma s t e r  Pl a n .  Wi l l  be   ad d r e s s e d  wi t h  th e  Ci t y  Wi d e  Pa r k  Op e n   Sp a c e  & Re c r e a t i o n  Ma s t e r  Pl a n .  CU S D  ha s   of f e r e d  an  ex c l u s i v e  lo c a t i o n  in  Sa n t a  Cl a r a   fo r  cr i c k e t . Ma s t e r  Pl a n  pr o c e s s  pr o p o s e d  for initiation in 2nd  Qu a r t e r  20 1 5 . Co r r i d o r  MP  re p o r t  ‐ Spring 2016.               Ci t y  Wi d e  Pa r k  Op e n  Sp a c e  MP Kick off 2/15/16               CU S D  ca n  no  lo n g e r  ac c o m m o d a t e  a batting cage at  Co l l i n s  Sc h o o l .   12 )  Ne g o t i a t e  a ne w  ag r e e m e n t  wi t h  th e   SC C  Sh e r i f f  an d  as s i s t  in  th e  ta s k  fo r c e  to   po s s i b l y  re l o c a t e  th e  Sh e r i f f  su b s t a t i o n . Co n t r a c t  ap p r o v e d  Ju l y  20 1 5 .  Sh e r i f f  ha s  re ‐ ne g o t i a t e d  th e i r  le a s e  at  th e i r  cu r r e n t  lo c a t i o n .   RF P  an d  in t e r v i e w  pr o c e s s  co m p l e t e .      Ea s y   Pl a n  ha s  be e n  se l e c t e d  as  th e  co n t r a c t o r .   Co n t r a c t  ne g o t i a t i o n s  in  pr o c e s s .  Co n t r a c t o r   op t i o n  co u l d  no t  be  ac h i e v e d .    Ne w  Ca s e   Ma n a g e r  hi r e d  on  8/ 2 4 / 1 5 . Ea s y  Pl a n  ha s  be e n  se l e c t e d  as  th e  co n t r a c t o r .   Co n t r a c t  ne g o t i a t i o n s  in  pr o c e s s . Cu r r e n t  ca s e  lo a d  is  tw i c e  th e  recommended average,  an d  th e  de m a n d  is  in c r e a s i n g .                                     Mo n i t o r  an d  ev a l u a t e  co n t r a c t  provider.  Monitor case  lo a d s  an d  em p l o y e e  pr o d u c t i v i t y .   13 )  In c r e a s e  Se n i o r  Ca s e  Ma n a g e m e n t   se r v i c e s  to  ac c o m m o d a t e  in c r e a s i n g   de m a n d . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   26                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 35 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 14 )  Es t a b l i s h  CI P  ra n k i n g  cr i t e r i a  fo r  al l   pa r k  ca p i t a l  im p r o v e m e n t  pr o j e c t s . Ap p r o v e d  by  th e  Pa r k s  & Re c r e a t i o n   Co m m i s s i o n  in  No v e m b e r  20 1 4 . Co m m o n  cr i t e r i a  wi l l  be  us e d  to recommend CIP to  Ci t y  Co u n c i l .   15 )  Ad o p t  a Co r r i d o r  Si g n a g e  Ma s t e r   Pl a n . Ap p r o v e d  by  th e  Pa r k s  & Re c r e a t i o n   Co m m i s s i o n  in  Oc t o b e r  20 1 4  an d  Ci t y   Co u n c i l  in  No v e m b e r  20 1 4 . Pr o j e c t  in  Im p l e m e n t a t i o n  Ph a s e 16 )  Pr e p a r e  fo r  th e  gr a n d   op e n i n g / p r o g r a m m i n g  of  th e  EE C  an d   Bl a c k s m i t h  Sh o p . Fa c i l i t i e s  es t i m a t e d  to  be  co m p l e t e d  in  Ap r i l   20 1 5 .    Gr a n d  op e n i n g  ev e n t  es t i m a t e d  in   Su m m e r  20 1 5 .  Gr a n d  op e n i n g  oc c u r r e d  on   10 / 2 8 / 1 5 .    Fa c i l i t y  ha s  be e n  we l l  re c e i v e d  by   ou r  re s i d e n t s . Pr o j e c t  co m p l e t e  by  FY  15 / 1 6 .  Follow‐up project for a  wo r k i n g  fo r g e  in  th e  Bl a c k s m i t h  shop scheduled in  20 1 6 . 17 )  Ad o p t  wo r k  pl a n  fo r  th e  Di s a s t e r   Co u n c i l  in c l u d i n g : Ad o p t e d  by  th e  Di s a s t e r  Co u n c i l  in   No v e m b e r  20 1 4 . a)            Af t e r  Ac t i o n  Re p o r t Su b ‐co m m i t t e e s  ar e  fo r m e d b)            Id e a l  EO C  lo c a t i o n Qu a r t e r l y  re p o r t i n g  im p l e m e n t e d c)            Ve n d o r  MO U ’ s  in  pl a c e d)          P. O . D .  di s t r i b u t i o n  pl a n e)            E. O . P .  an d  An n e x e s f)   AR K n e t  Wi F i  fr o m  AR K S  to  EO C g)            Sh e l t e r  lo c a t i o n s  an d  lo g i s t i c s 18 )  In v e s t i g a t e  ac q u i r i n g  an d  an n e x i n g   th e  La w r e n c e  Mi t t y  pa r c e l  as  fo r  a ne w   ea s t ‐si d e  pa r k  an d  tr a i l  co n n e c t o r . A su b ‐co m m i t t e e  of  th e  Pa r k s  & Re c r e a t i o n   Co m m i s s i o n  ha s  co n f i r m e d  th a t  Co u n t y   Ro a d s  an d  Ai r p o r t s  ar e  in t e r e s t e d  in   se l l i n g / t r a d i n g  th e  pr o p e r t y .  St a f f  to  up d a t e   Co u n c i l  on  pr o j e c t  st a t u s  at  3/ 1 / 1 6  Cl o s e d   Se s s i o n .  Ci t y  co m m e n c i n g    ne g o t i a t i o n s  fo r   pr o p e r t y  ac q u i s i t i o n .   Pr o p o s e  fu n d i n g  at  mi d ‐ye a r  for two property  ap p r a i s a l s  an d  so i l s  te s t i n g .    Propose funding for  ac q u i s i t i o n  an d  an n e x a t i o n  fr o m  the City of San Jose in  co n j u n c t i o n  wi t h  th e  FY 1 5 ‐16  CIP budget.     Conduct  ap p r a i s a l s  of  ne c e s s a r y  pa r c e l s  and consult with Santa  Cl a r a  Co u n t y  an d  LA F C O  Ap p r a i s a l s  complete. Soils  te s t i n g  pe n d i n g .                                                                                                                                       Re p o r t  de l i v e r e d  to  th e  Di s a s t e r  Council 2/16. RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   27                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 36 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS 1)  Re s t r u c t u r e  th e  bu d g e t  pr o c e s s  an d   do c u m e n t  to  in c r e a s e  tr a n s p a r e n c y .   An n u a l  bu d g e t  pr o c e s s  mo v e d  to  Ci t y   Ma n a g e r ’ s  of f i c e .  Ye a r  on e  to  tw o  co m p l e t e d . Co m p l e t e d .    Mo v e d  ba c k  to  Admin. Services, Adding  Op e n  Go v  (S e e  it e m  #6 ) .    Co m p l e t e d . Co n t r a c t  wi t h  HR A  pr o v i d e r ‐define plan features Re ‐op e n e r   fo r   re t i r e e   me d i c a l   plan  options  in  No v e m b e r  an d  De c e m b e r  20 1 3 . Co m p l e t e d ,  ad d i t i o n a l  wo r k  progression on this  pr o j e c t . A co m p r e h e n s i v e  co m p e n s a t i o n  study to be  co m p l e t e d  by  Ja n u a r y  20 1 6 .  Negotiation Kick‐Off  me e t i n g s  sc h e d u l e d  fo r  Ma r c h .   3)  4)  Pu r s u e  le g i s l a t i o n  to  co r r e c t  ou r   TE A / E R A F  in e q u i t y  al l o c a t i o n s . Cu p e r t i n o  pl u s  3 ot h e r  ci t i e s  hi r e d  Aa r o n   Re e d  & As s o c .  to  ch a m p i o n  SB 6 2 9 .   Un f o r t u n a t e l y ,  th i s  bi l l  di d  no t  mo v e  fo r w a r d   in  20 1 3 .  Th e  ta s k  fo r c e  ha s  de c i d e d  no t  to   pu r s u e  in  20 1 4  du e  to  lo w  pr o b a b i l i t y  of   su c c e s s . Co n t i n u e  to  co o p e r a t e  wi t h  af f e c t e d  West Valley cities  to  ef f e c t  a so l u t i o n .    Co m p l e t e d . Fi n a n c i a l  Ma n a g e m e n t  we n t  live 1/5/15 successfully on  sc h e d u l e .  Co m p l e t e d . HR  Go ‐li v e  4/ 1 5 ,  ti m e  sh e e t s  to go paperless. 5)  6)  Op e n G o v                                                                                                a)  Op e n G o v  Pl a t f o r m  to  in c r e a s e   bu d g e t a r y  tr a n s p a r e n c y  an d  pu b l i c   en g a g e m e n t . 1 ye a r  co n t r a c t  wi t h  Op e n G o v .  Wi t h  a mo n t h   to  mo n t h  re n e w a l .  Ex p o r t e d  3 ye a r s  of  bu d g e t   da t a .  An n u a l  co n t r a c t  wi t h  Op e n G o v . Co n t i n u e  to  ex p a n d  Op e n G o v  data offerings as  ap p r o p r i a t e .    Po s t  fi n a n c i a l  da t a  after monthly closes to  ha v e  cl o s e  to  re a l  ti m e  fi n a n c i a l  data for continued  tr a n s p a r e n c y  an d  pu b l i c  en g a g e m e n t . 4)  5)  Re p l a c e  th e  Ci t y ’ s  ob s o l e t e  fi n a n c i a l   so f t w a r e . As s e s s m e n t  of  so f t w a r e  is  un d e r w a y  wi t h   RF P  in  pr o c e s s .  So f t w a r e  De m o s  co m p l e t e . 2)  Ne g o t i a t e  lo n g ‐te r m  (t h r e e  ye a r  pl u s )   co n t r a c t s  th a t  ar e  fa i r ,  fi n a n c i a l l y   su s t a i n a b l e  an d  co m p e t i t i v e  in  th e  lo c a l   la b o r  ma r k e t . Co m p l e t e d  ne g o t i a t i o n s  in  Ju l y    20 1 3 . Cu r r e n t   co n t r a c t  te r m  7/ 1 / 1 3 ‐6/ 3 0 / 1 6 .  Pr e p a r a t i o n  fo r   up c o m i n g  Ne g o t i a t i o n s  un d e r w a y .                                          Co m p r e h e n s i v e  co m p e n s a t i o n  st u d y   co m p l e t e d  in  Fe b r u a r y  20 1 6 .                AD M I N I S T R A T I V E  SE R V I C E S  DE P A R T M E N T RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   28                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 37 20 1 6 / 2 0 1 7  Ci t y  Co u n c i l  Wo r k  Pr o g r a m  PR O J E C T                                                                                                                                     CU R R E N T  ST A T U S                                                                                   CO M M E N T S  AN D  NE X T  STEPS b)  Op e n G o v  Bu d g e t  Bu i l d e r  be t a   pr o g r a m .  De p a r t m e n t  di r e c t o r s  an d  st a f f   wi l l  su b m i t  pr o p o s a l s  an d  na r r a t i v e s  in   Op e n G o v ,  ma n a g e  ap p r o v a l s  an d   co m m e n t s  on l i n e ,  an d  cr e a t e  a  co n s o l i d a t e d  vi e w  of  th e  bu d g e t . Re v i e w i n g  bu d g e t  pr o c e s s  wi t h  Op e n G o v   de v e l o p e r s  to  he l p  de s i g n  pr o g r a m  to  ma k e   ou r  bu d g e t  pr o c e s s  mo r e  si m p l i f i e d  an d   ef f i c i e n t .   Sc h e d u l e  a me e t i n g  to  re v i e w  the status of the beta  pr o g r a m  an d  wh e n  we  ca n  te s t  it and give feedback.  6)  7)  Pr e p a r e  co m p r e h e n s i v e   De v e l o p m e n t  Se r v i c e s  fe e  st u d y .    Co m p r e h e n s i v e  Fe e  St u d y  to  go  to  Ci t y   Co u n c i l  on  Ma r c h  15 ,  20 1 6 . Fe e s  to  be  co m p r e h e n s i v e l y  re v i e w e d  every 5‐7 years.  La s t  re v i e w  in  20 0 7 . 7)  St a f f  Tr a i n i n g Br i n g i n g  in  Ne w W o r l d  Sy s t e m s  (N W S ) /  Ty l e r   Te c h n o l o g i e s  co n s u l t a n t s  fo r  co n t i n u e d   tr a i n i n g s  on  FM  an d  HR  mo d u l e s .  Ut i l i z e   St a n f o r d  in t e r n  to  up d a t e  pr o c e d u r e  ma n u a l   fo r  ne w  ER P  sy s t e m s . Co n t i n u e d  st a f f  tr a i n i n g  an d  development through  we b i n a r s  an d  tr a i n i n g  th r o u g h  CalPERS, the  Go v e r n m e n t  Fi n a n c e  Of f i c e r s  Association (GFOA),  NW S / T y l e r ,  an d  Ca l P e l r a  th a t  will increase staff  kn o w l e d g e  an d  sk i l l s  in  or d e r  to enhance customer  se r v i c e  fo r  th e  co m m u n i t y . RE D  = ad d e d  it e m s BL U E  BA C K G R O U N D  = ne w  pr o j e c t s   29                          Pr o j e c t s  co m p l e t e d  in  ye a r s  pr i o r  to  2015/2016 have been removed 38 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 1 Projects completed in years prior to 2015/2016 have been removed 1) Pursue legislation to correct our TEA/ERAF inequity allocations. Completed. Members of the TEA Working Group worked with Senator Beall's staff to lobby CA Director of Finance, Micheal Cohen. As a result, a fix to the TEA property tax inequity issue was included in the FY15-16 Budget Trailer Bill. TEA-related property tax will be phased in over the course of five years and is expected to bring an additional $1.4 million annually when fully implemented. 2) Prepare comprehensive Development Services fee study. Fee Study is complete and is scheduled to go to Audit Committee on March 21st Fees to be comprehensively reviewed every 5-7 years. Last review in 2007. 1) Explore and develop new on-line/mobile applications to better inform and engage the public on civic issues. Project specifications for in-house development of Mobile City Hall developed and deployment complete. Mobile 95014 for IOS & Android are complete and available on Googleplay and the App store. a. Generalized City mobile portal similar to Rancho Cucamonga's RC2GO. b. On-line Interactive Budget Not funded so it has been removed from work plan. 2) Develop a strategy for improving cell phone coverage (with PW). The Civic Center Tower installation has been approved by Council. Verizon application and lease approved in 2015. Installation expected in 2016. CITY MANAGER’S OFFICE PUBLIC AFFAIRS 39 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 2 Projects completed in years prior to 2015/2016 have been removed 3) Extend fiber to the Service Center. The Service Center is one of the last remaining city facilities not interconnected by fiber optics. Project was included in Mary Ave. streetscape project which was rejected by City Council. A separate request will be included in the FY 16/17 CIP. 4) Implement Virtual Desktop or Virtual Private Network software. (VDI) Server, application and network infrastructure to support virtualization have been installed. Desktop replacement modules have been delivered to the city. Have implemented phase 2 of VDI, including installation of 140 virtual desktops for city employees and councilmembers. Currently evaluating effectiveness of program. 5) Implement a new Technology Plan.Use Technology Working Group and TICC for project and strategy review. Cloud-based email solution identified. IT Assessment report completed. Priorities identified for new Chief Technology Officer. 6) Implement a new agenda management system (Granicus Legistar) and Legislative Body webpage (InSite). Project went live on 2/15.Project Complete 7) Enhance GIS data resources and information access for employees and community. Replacing MapGuide (internal City-wide mapping application) and public Property Information application with Magnet. Expanding Cupertino’s GIS-centric asset management system to include the Parks Grounds Division and Traffic Signals group. Currently refining datamodels and building asset inventories for these groups. Developing GIS Strategic Plan RFP. Test and work with Magnet CSI team on internal and external mapping applications. Implement and train Grounds and Traffic Signal Divisions on Cityworks. Post and Evaluate RFP proposals. 40 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 3 Projects completed in years prior to 2015/2016 have been removed 8) Enhance Community Engagement through social media tools. Through the use of differing social platforms, the City is not only able to disseminate information more effectively, but also respond to customer inquiries at a more rapid pace. This space is continuing to expand through the use of paid advertising to broaden our reach to not only members within the community, but outside as well. In order to further our success we are going to continue to enhance interdepartmental coordination and participation. We will also increase the use of social analytics to improve communications practices. 9) Implement recommendations of the 2015 Communications Assessment. Priorities have been identified and initial recommendations have been implemented, including creation of a citywide Communication Working Group. Create a central inventory of all communications platforms and channels. 1) Streamline city web content for new businesses. Develop an integrated approach for outreach and marketing to brokers, business owners, and others as a center for innovation and the heart of Silicon Valley. Also provide existing and prospective business owners with resources available through an easy to navigate business website. Will continue to assess the needs of businesses and add helpful resources. Work with the City's Public Affairs/Communications team to redesign the Economic Development webpages within the Citywide website enhancement. 2) “How to Start a Business in Cupertino” pamphlet (in multiple languages). Update resource information booklet as needed. Will be including additional resources provided by the Cupertino library. Ongoing. ECONOMIC DEVELOPMENT 41 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 4 Projects completed in years prior to 2015/2016 have been removed 3) Seminars for new small businesses (held in multiple languages). Host the fourth annual Small Business Symposium in early fall. Co-sponsor the Chamber AABC "How to Start a Business" seminar (presented in Chinese) in May 2016, monthly small business workshops with the Chamber and Cupertino Library, Silicon Valley StartUp Cup, and host guest speakers. Will continue to seek outreach opportunities to reach diverse population. Looking to host business workshops or “Lunch & Learn” sessions on a quarterly basis in collaboration with the Cupertino Chamber of Commerce and the Cupertino Library. 4) Outreach to local businesses, prospective business owners, and brokers. Conduct site visits and meet with local businesses to understand current business environment, as well as provide resources and information for business sustainability and growth. Provide consultation meetings to prospective business owners. Meet with retail and commercial brokers to share information and better understand leasing activity. Ongoing. 5) Increased coordination with the Chamber of Commerce. Holding regularly scheduled bi-weekly City-Chamber staff meetings have been effective in discussing upcoming issues, as well as identifying ways in which to collaborate. Will continue to meet with Chamber staff and board to strengthen working relationships and co-sponsor events. 42 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 5 Projects completed in years prior to 2015/2016 have been removed 6) Launch a “Shop Local” campaign.“Shop Cupertino” message is printed on City’s reusable bags and ordinance signage. A formal campaign plan is under development. Promote local businesses through “Eats 95014” dining guide app and. ”Cupertino-At- A-Glance” website. Draft a comprehensive campaign as part of the Economic Development Strategic Plan. 7) Enhance business access to city services including GreenBiz and emergency preparedness. GreenBiz and emergency preparedness information for businesses have been included in the “How to Start a Business in Cupertino” booklet. Program pamphlets are also regularly distributed at events and meetings with businesses. Economic Development newsletter (BizBuzz) continues to feature a certified GreenBiz, as well as promote trainings and events. Ongoing. 8) Work with consultants to finalize and present to City Council an Economic Development Strategic Plan (EDSP) for Cupertino. Staff is working with consultants on potential strategies and action items. Draft EDSP planned for City Council review in the summer. Complete plan, working with Economic Development Committee and Chamber. 9) Explore the viability of establishing a small business development center within the City of Cupertino. This is a potential action item in the EDSP as a means to retain and grow small and midsize businesses. Possible details and action items to be included in the finalized EDSP. 43 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 6 Projects completed in years prior to 2015/2016 have been removed 1) Budget for and Implement the City’s Climate Action Plan (CAP). Staff are preparing the following for Council review as part of the FY16/17 proposed budget: • CAP measure implementation progress tracking procedure and process that is simple and streamlines data collection and reporting of CAP measures. • Annual metrics and report to Sustainability Commission and City Council. • CEQA checklist to determine future project consistency with the CAP for all departments to use for public and private projects; • Community and municipal operations Greenhouse Gas (GHG) inventory using 2015 data, and analyze progress towards reduction goal of reducing GHG 15% below 2010 baseline by 2020 On Tuesday, January 20, 2015 Cupertino City Council unanimously adopted Cupertino’s first Climate Action Plan. CAP Implementation will follow the timeline and framework provided in Appendix C of the document. Near-term (2020) measures are outlined in this year’s work program below (identified as CAP - Measure Category - #). SUSTAINABILITY DIVISION 44 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 7 Projects completed in years prior to 2015/2016 have been removed 2) Launch and participate in a regional Community Choice Energy Program (CAP Measure C-E-7). As directed by the Climate Action Plan, the City engaged in a process and cost-sharing agreement with the cities of Sunnyvale and Mountain View, along with Santa Clara County, to initiate a feasibility and technical study to learn the costs and benefits of pursuing this type of energy procurement model for our community. Results are favorable and Council elected to move forward in participating in the Silicon Valley Clean Energy Authority (launching April 2016). Staff anticipates providing the following services to the Authority through October 2016: executive recruitment and human resources, community outreach and engagement, contracting and administration (as needed). All staff services will be fully refundable to the City via a services agreement/contract utilizing funds provided by all agencies participating in the Authority. 3) Redesign GreenBiz and residential energy efficiency and water conservation programs to reflect current industry best practices (i.e. behavior change, sustainability and resilience activities) and achieve CAP objectives (CAP Measure C-E-1, 2, 3). The City is working to evaluate its current residential energy efficiency and water conservation programs and will develop a proposal that will remodel these services to take advantage of current rebates and financing options, regional partnerships, and new hardware and software applications. GreenBiz is also undergoing redesign through in-house staff as part of the program’s Green Business Challenge participation. Through neighbor-to-neighbor competitions, and Cupertino's Do-It-Yourself (DIY) toolkit (now available at libraries countywide!), HouseCall participation increased to nearly 500 homes and ~ $100,000 participating household savings. Similarly, GreenBiz enrolled ~50 small to mid-sized businesses, engaged 350+ small businesses in sustainability practices, received three unique awards and associated grant funding, was selected as a California League of Cities Helen Putnam Award finalist, and was selected to host a national Green Business Challenge. 45 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 8 Projects completed in years prior to 2015/2016 have been removed 4) Grow CAP-related data gathering and analysis by fully developing the utility costs accounting program and evaluate associated staffing needs (CAP Measure M-F-3). Sustainability Division staff benchmarked energy across municipal facilities and parks using EPA’s Energy Star Portfolio Manager (as required by AB1103) and separately constructing an Access Database of all water utility accounts. In an effort to both confirm past utility conservation project’s success and further gauge municipal energy and water savings opportunities, staff are evaluating cloud-based enterprise carbon accounting software tools that can also serve as a CAP tracking tool. This will allow the City to improve tracking of municipal building energy data by developing an system to track consumption data by facility (CAP Measure M-F-3). 5) Reinvigorate staff on workplace environmental actions and related CAP measures through community-based social marketing campaigns and related community engagement efforts. Increase information on sustainability activities and utilize internal online intranet to disseminate information to staff on commuter benefits, bike fleet, electric pool vehicles, environmental purchasing policy, bike lockers, and other sustainability related programs for city staff. ( CAP Measure M-VF- 1 & 3) Revisit green team initiative and additional forums/tools to rally staff support and engagement to elevate behavior change focused action across the agency. 1) General Plan Amendment to review land use alternatives that include options for City-wide development allocations (office, commercial, hotel and residential), as well as building heights and densities for corridors, special centers, and seven study areas, including the Vallco Shopping District. Project was authorized by the City Council in March 2013. Council adopted General Plan except for changes related to Development Allocation, Heights at Gateways and Nodes and a proposed Community Benefit Program in December 2014. Council adopted Housing Element in May 2015. Council adopted policy for authorizing General Plan amendment applications in September 2015. General Plan text amendments with community group input adopted by Council in October 2015. COMMUNITY DEVELOPMENT 46 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 9 Projects completed in years prior to 2015/2016 have been removed Council provided direction in August 2013 to study side setbacks and residential density for projects. Proposed HOC street side setback amendments to be started in Spring/Summer 2017. Project was on hold until Fiscal Year 2017/2018. Method for calculating residential density was revised as part of General Plan/Housing Element process on December 4, 2014. 3) Consider an amendment to the General Plan Housing Element (2014-2022) to accommodate the most recent ABAG RHNA allocation. Final Housing Element adoption was completed by May 31, 2015. 4) Review parking requirements for various land uses in the Zoning ordinance. In February, the Planning Commission recommended adding the project to the upcoming 2014-15 work program. Revise ordinance to conform with new laws reducing parking requirements related to affordable housing and projects in priority development areas and transit. 5) Update Conceptual Plans (North De Anza and South De Anza). Suspended pending results of citizen initiative. 6) Implement “paperless” permit application system. Software under development by CSI Magnet in consultation with Building, Planning, Public Works and Finance. Project Internal final live roll-out completed in January 2016. Anticipated launch date for external portal is Summer/Fall 2016. 7) a) Update Below Market Rate (BMR) Housing Mitigation Procedural Manual and Nexus Study. Draft Nexus Study and BMR Housing. Council adopted new BMR fees and an updated BMR Housing Mitigation Procedural Manual in May 2015. 2) Heart of the City Specific Plan Amendment for clarifications to the minimum street side setback requirements. 47 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 10 Projects completed in years prior to 2015/2016 have been removed b) Update BMR Housing Administrative Manual. BMR Housing Administrative Manual. Housing Commission updated BMR Housing Administrative Manual in September 2015. 8) Evaluate a “Teacher Housing” project in partnership with a non-profit developer. Added this item as part of Strategy 10 to the General Plan (2014-22) Housing Element as an ongoing effort to work with school districts to identify surplus or underutilized properties for teachers. Project withdrawn by applicant. Council approved project on Oct. 15, 2013 The Main building, parking structure, Theater and Fitness Center under construction. Architectural and Site Approval for remaining buildings on Phase 1 - outdoor dining stations, reception buildings, maintenance buildings etc. anticipated spring/summer 2016. Occupancy for Phase 1 anticipated by Fall/Winter 2016/17. 9) Continue to work on the Parkside Trails project on a 43-acre hillside property to facilitate residential development on eight acres and dedication of a creek corridor and trail easements over a park parcel and adjacent off-site lands. 10) Apple Campus 2 project 48 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 11 Projects completed in years prior to 2015/2016 have been removed Street Improvements at ramps at Wolfe and I- 280 and Lawrence and I-280 are due to commence shortly and be completed by spring 2017. Phase 2 construction underway for one office building, two R&D buildings and a secondary parking structure. Buildings for office, retail and parking garage complete (except for large format Retail pads). Hotel and Loft apartments under construction. Public Art package approved by the Fine Arts Commission (FAC) on 2/29/2016. Further refinements to the art package, such as proposed lighting of the art work, to be reviewed by the FAC prior to issuance of building permits. 12) Vallco Shopping District Specific Plan As part of the December 4, 2014 General Plan amendment, the Council authorized the preparation of a Specific Plan for the Vallco Shopping District. Applicant submitted an application in September 2015. Preparation of Draft EIR placed on hold at applicant's request. 11) Main Street Project 49 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 12 Projects completed in years prior to 2015/2016 have been removed 13) Hamptons Apartments Site selected as a Housing Priority Site in May 2015 with adoption of the Housing Element with an additional capacity of 600 units above the existing 342 units on site. Applicant applied for complete redevelopment of site with 942 units in late May 2015 Project under review and environmental documents under preparation. Anticipated that Planning Commission and City Council hearings will take place in Summer 2016. 14) Marina Plaza Mixed Use Development Site selected as a Housing Priority Site in May 2015 with adoption of the Housing Element. Applicant applied for complete redevelopment of Marina Plaza and Mandarin Gourmet sites in September 2015 Project and environmental documents under review. Anticipated that Planning Commission and City Council hearings will take place in Summer 2016. 15) Implement a Young Artist Award Program. The Fine Arts Committee (FAC) adopted and implemented the Young Artist Award program in FY15/16. Artists in three age categories received awards at the February 2, 2016 City Council meeting. The Commissioners proposed a budget increase of $300 for the Young Artist grant award, $150 for award plaques and $800 for outreach and display materials. 16) Implement General Plan Strategy LU- 1.3.1 by preparing an ordinance to codify the Community Benefits Program. City Council to review option of allowing the Community Benefits Program in General Plan in March 2015. Instead of a Community Benefits Program in the General Plan, the Council adopted a policy and procedures to authorize projects that propose General Plan Amendments in September 2015. This policy allows consideration of Voluntary Community Amenities proposed by applicants as part of the authorization process. 50 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 13 Projects completed in years prior to 2015/2016 have been removed 17) Create a digital/on-line library of current and industrial planning documents. Will require an appropriation of part-time resources. 1) Update Pedestrian Transportation Plan Request funding for plan for FY2016-17 Begin study in fall of 2016. a. Review ADA Transition Plan provisions. Complete b. Develop strategy to advance sidewalk improvements and right of way acquisition ahead of development. Reimbursement ordinance amended. Neighborhood meetings expected to occur 2016. c. Consider Safe Routes to School and other funding sources. On-going d. Complete a Sare Routes to Schools map noting sidewalk gaps Complete e. Update Bicycle Transportation Plan and include feasibility study on Class I Bike Lanes. Alta study is underway. Study will come to City Council in May FY 15/16 2) Implement recommendations in 2016 Bicycle Transportation Plan Plan scheduled to be adopted by City Council in May, 2016 Staff will be requesting funding for the FY16/17 budget to begin bike plan implementation. Projects will likely include a mix of near-term improvements, longer-term studies, and educational and encouragement campaigns. PUBLIC WORKS DEPARTMENT 51 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 14 Projects completed in years prior to 2015/2016 have been removed 3) Develop a Traffic Impact Fee Program a. Issue RFP and hire Transportation consultant b. Develop a transportation improvement plan c. Establish and enact a transportation impact fee Funding approved via2015-16Mid-Year Budget. The Mobility Element of the General Plan, Policy M- 10.1 and M-10.2 direct staff to develop and implement a citywide transportation improvement plan necessary to accommodate vehicular, pedestrian and bicycle transportation improvements to meet the City’s needs, and to enact a transportation impact fee for new development to ensure sustainable funding levels for the Plan. 4) Extend fiber optic communications to the City Service Center on Mary Ave. (see also Public Affairs #3) Public Works will submit project for consideration in the FY16/17 CIP. Staff will prepare plans and specifications, and bid project once budget is approved. 5)Implementprograms topreserveand enhance pavement conditionthroughout the City. Midyear adjustment of $7.5MandFY15/16 funding of $6Mincreasedtheoverall pavement conditionindexof thestreet network from 70 out of a possible 100. Annualfunding of $6.5M is needed tomaintain current pavement condition.Witharterial&collector streets in very goodcondition,FY16/17 projects will focus on residentialstreets.Timely preventativemaintenance saves dollars in the future.Fundingof $6.5M for FY16/17 will be requested. 52 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 15 Projects completed in years prior to 2015/2016 have been removed 6) Comply with State solid waste diversion requirements. Implement and enforce the State's requirements for commercial recycling and commercial organic waste recycling City and service provider are exceeding the diversion requirements of AB939. Cupertino municipal code required businesses that generate more than 8 cubic yards per week of organics to recycle organic waste by September 2015 and businesses that generate 3 cubic yards by Jan 2016, several months ahead of the State's mandate for the same thresholds. Staff will begin assisting and preparing multi-family establishments to start recycling organic waste by July 2018. Organics recycling by businesses and multi- family sites will affect diversion amounts. Diversion is a performance factor of the franchise agreement. Changes to diversion requirements have the potential to increase solid waste collection rates that are considered and approved by Council. 7) Conduct audit of solid waste franchise agreement. Audit establishing baseline expenses for 2010 and 2014 has been completed. Franchisee has submitted rate request increase for commercial accounts. Council will consider this request as early as April 2016. 8) Consider program elements of a new franchise agreement to stay competitive with current sustainability trends and technology. Rate audit has been completed to determine ongoing costs of current programs and recycled organics processing. Conduct study of opportunities and programs that would prevent waste and increase diversion from landfill. 9) Review Fleet Management policies Public Works, Finance and Sustainability staff coordinate all new fleet purchases. Update of fleet use and policy development is an ongoing process. Evaluate City-wide fleet vehicles that may be considered for replacement. a. Update Managed Vehicle Replacement Program. Two all electric and six plug in hybrid vehicles were added to the fleet in FY15/16. One all electric is utilized as a City Hall pool vehicle. Evaluate feasibility to transfer existing vehicles within the fleet so that purchases, if needed, are more environmentally conscience. 53 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 16 Projects completed in years prior to 2015/2016 have been removed i. Consider complete lifecycle costs.In Spring 2015, the Library and the Service Center added two and four electric vehicle charging stations, respectively. By Spring 2015, the Service Center will have two electric vehicle charging stations. ii. Evaluate vehicle/equipment sharing with other agencies. The two year equipment sharing agreement with the Town of Los Gatos and City of Campbell were renewed in FY 15/16. Similar opportunities may exist with other West Valley Cities. iii. Evaluate alternate fuel vehicle feasibility for Service Center vehicles (electric, hybrid, battery systems to eliminate long term idling) (CAP Measure M-VF-1, 2, 3). Staff completed an analysis of alternative fuel vehicles to inform the FY13/14 Vehicle Replacement Schedule (VRS). This document contains a tool to enable similar assessments during each FY VRS. This alternative fuel vehicle strategy also guides the City towards additional fleet best management practices (e.g. fleet right-sizing, developing vehicle vocational specifications) that will be advanced as part of this year’s VRS and updated environmentally preferable procurement policy. iv. Evaluate feasibility to transfer existing vehicles within the fleet so that purchases, if needed, are more environmentally conscience. Was feasible with all six purchases of green vehicles in FY15/16. Ongoing 10) Develop a citywide alternative fuel (including charging stations) siting plan. Siting plans will identify appropriate locations for Level 1 (slow charge), Level 2 (fast charge) and Level 3 and DC (rapid charge) stations in the community (CAP Measure C-T-7 and M-F-1). The City's Sustainability Division partnered with Santa Clara County to apply for a Strategic Growth Council, Sustainable Communities Planning Grant to complete this work at no cost to the City. The County was awarded the contract to move forward and a work plan is being developed to advance this effort in all partner jurisdictions. This fully-funded project will result in the development of an alternative fuel siting plan for the City (electric vehicle charging stations and hydrogen fueling stations to be considered), along with fleet and personal vehicle policy and incentive proposals to be advanced at the regional scale. Staff will share updates with Council in the coming months on progress and outcomes of this multiagency collaboration. 54 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 17 Projects completed in years prior to 2015/2016 have been removed 11) Develop Civic Center Plan a. Financing Plan b. Solar/alternative energy options c. Enlarge Library Story Room d. Include a Sister City Directional and Mileage Marker within Plan On July 7, 2015, Council approved the Civic Center Master Plan. On August 18, 2015, Council considered whether to fund an architectural services agreement and did not approve the agreement and directed staff to provide more information on financing options for implementing the master plan. On November 17, 2015, Council considered and discussed the Report on Lease Financing and directed staff to 1) explore options for cost of $40 M. 2) explore an option of leasing 40,000 sq. ft., and 3) explore possibility of building the proposed project for half the cost. On December 10, 2015, Staff transmitted a report to council members outlining project delivery options. The Civic Center Master Plan project is complete. Should Council direct staff to implement the plan in the future, the work will be tracked as another project. 12) Develop an alternative for an Emergency Operations Center at a facility other than City Hall. Staff will present alternative EOC as a potential CIP for FY 16/17 13) Implement major CIP projects a. McClellan Environmental Education Center (EEC) and Blacksmith Shop Complete b. Monta Vista Storm Drain Complete 55 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 18 Projects completed in years prior to 2015/2016 have been removed c. Bubb/McClellan Storm Drain Complete d. Quinlan Community Center Interior Upgrades Complete e. Sports Center – West Side Courts Improvement (sport court, resurface 5 tennis courts, install lighting for 3 courts) Complete f. Foothill/Cupertino Road Storm Drain f. Design for the Foothill/Cupertino Rd. storm drain project will be complete June 2016. f. If authorized in the FY16/17 CIP, construction of Foothill/Cupertino Rd. storm drain project will begin by July 2016. All work will be completed prior to the start of the 2016 wet season. g. Sister City Directional and Mileage Marker at Civic Center g. Design is complete.g. Anticipate installation before the end of FY 2015-16 h. Sport Center - East Courts Resurfacing project h. Project is advertised for bids. Work will be implemented in two stages over spring and fall seasons to align with facility service operation. h. Anticipate construction to start in April 2015 i. Monta Vista area sidewalk improvement projects: Pasadena Ave. Public Improvements i. Consultant has been selected and initial research and survey work is underway. i. Anticipate bid in spring 2016 for summer construction start. j. Blackberry Farm-Splash Pad j. Scheduled for spring 2016 start of design. Subject to approval of the Stevens Creek Corridor Master Plan, this project will be initiated. j. Upon approval of the Stevens Creek Corridor Master Plan, this project will be initiated if included. 56 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 19 Projects completed in years prior to 2015/2016 have been removed k. McClellan Ranch West-Green Parking k. Install durable pervious surface - meadow- esque, for alternative parking for staff and park users. Initiate planning and design in spring 2016. k. Anticipate fall 2016 construction, upon authorization of construction project funds l. Storm Drain Master Plan Update l. Conducting survey of existing system and collecting data. Anticipate completion of this phase in summer 2016. l. Anticipate start of master plan calculations in summer 2016 with goal of completion by end of CY 2016. 14) Develop a school site pedestrian-bike- traffic safety program. Fulltime Safe Routes to Schools Coordinator approved at the March 1 Council meeting. Develop strategies based on other cities' best practices. 15) Negotiate new Joint Powers Agreement with Cupertino Unified School District for shared sports fields Existing agreement sunsets June 2016 Negotiations under way. 16) Conduct comprehensive audit of City owned potable water system. Current lease agreement expires in 2022.Audit may be complete as early as June 2016. 1) Stevens Creek Boulevard to McClellan Ranch Road Preserve Master Plan (includes Stocklmeir, BBF Golf Course, BBF Picnic-Swim; McClellan Ranch; McClellan Ranch West) Community Outreach complete. 3 concepts have been presented to the P&R Commission & City Council. Council recommended areas for study to MIG/Staff on 2/3/15. Report scheduled for Parks & Rec Commission on 3/3/16 MIG is completing its analysis and mitigated negative declaration (MND)report for the corridor project. Will be presented to Council in late Spring 2016. 2) Sports Center Improvements: c. Repair the Sports Center leaning retaining wall. c.-f. CIP projects. Complete Tennis Court re-surfacing for the east side to start April 2016. RECREATION AND COMMUNITY SERVICES DEPARTMENT 57 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 20 Projects completed in years prior to 2015/2016 have been removed d. Construct the Sports Court. (see also Public Works #13e) e. Start the tennis resurfacing project (see also Public Works #13e) f. Light the Stevens Creek Boulevard west courts (see also Public Works #13e) 3) Expand Blackberry Farm operations to 365 days/year Council directed MIG and staff to not expand operations on 2/3/15 Project canceled as of 2/3/15 4) Continue to restore the Stocklmeir legacy farm Orange trees were harvested in 2013 and pruned & harvested on 2/14/16 with produce going to local food banks. Estimated fruit produced in 2016 is 4,000 lbs. Full implementation pending City Council approval of Corridor Master Plan FY 15/16. Use of the entire property (gardens, house, orchard) is being addressed in the Corridor Master Plan. Rotary has proposed (2/19/16) to refurbish the house and surrounding grounds, exclusive of the orchard. 5) Investigate and replace the recreation registration software with a cloud-based software version to be accessed at any City facility. The PerfectMind Contract was executed on 2/1/16 Efficiency audits planned on key processes in March. Discovery phase to start with completion Spring 2017. 6) Install a splash pad at Blackberry Farm pool area. (see also Public Works item #13j) Included in FY 15/16 CIP.On hold pending completion of the Corridor Master Plan. 7) Expand and integrate Block Leader, Neighborhood Watch, and Disaster Preparedness Programs. All three programs have been moved to the Recreation and Community Services Department, including the Sister City program. These programs will be reporting to the new Business and Community Services Division. 58 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 21 Projects completed in years prior to 2015/2016 have been removed 8) Utilize Block Leader Program to provide “grass roots” notification to residents of Community Development and/or Public Works projects. Next Door “To date, 6,000 + residents use the site. On-going meetings to educate the Block Leaders on City Services have been well received. Block Leaders will be involved in the City Wide Park Open Space & Recreation Master Plan as well as the Parklet pilot program. Implement monthly meetings.Public Works has been an important contribution to the City Wide Park Open Space & Recreation Master Plan. Mutually agreed to maintenance standards being established with improvements identified by park. Potential CIP projects will be identified in order of need. 10) Explore potential of partnerships with the SCC Library, YMCA, Rotary and other groups to enhance/expand programs. Initial outreach meetings started in 2/15. Projects in Progress: Adopt a Garden EEC Turtle Pond Staff is meeting regularly with the Library and YMCA. Staff will coordinate with other entities to expand programs and reduce redundancies through partnerships. 11) Facilitate a City-wide survey of users and potential users to identify the facilities and programming needs of our community. a) Explore potential location for a cricket batting cage. Will be addressed with the Corridor Master Plan. Will be addressed with the City Wide Park Open Space & Recreation Master Plan. CUSD has offered an exclusive location in Santa Clara for cricket. Corridor MP report - Spring 2016. City Wide Park Open Space MP Kick off 2/15/16 CUSD can no longer accommodate a batting cage at Collins School 9) Implement an ongoing, active partnership with Public Works to identify improvements and enhance our neighborhood parks, including an ongoing park maintenance schedule and Park Master Plan. 59 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 22 Projects completed in years prior to 2015/2016 have been removed 12) Negotiate a new agreement with the SCC Sheriff and assist in the task force to possibly relocate the Sheriff substation. Contract approved July 2015. Sheriff has re- negotiated their lease at their current location. Contractor option could not be achieved. New Case Manager hired on 8/24/15. Easy Plan has been selected as the contractor. Contract negotiations in process. 14)Establish CIP ranking criteria for all park capital improvement projects. Approved by the Parks & Recreation Commission in November 2014. Common criteria will be used to recommend CIP to City Council 15) Adopt a Corridor Signage Master Plan. Approved by the Parks & Recreation Commission in October 2014 and City Council in November 2014. Project in Implementation Phase 16) Prepare for the grand opening/programming of the EEC and Blacksmith Shop. Grand opening occurred on 10/28/15. Facility has been well received by our residents. Follow-up project for a working forge in the Blacksmith shop scheduled in 2016. 17) Adopt work plan for the Disaster Council including: Adopted by the Disaster Council in November 2014. a) After Action Report Sub-committees are formed b) Ideal EOC location Quarterly reporting implemented c) Vendor MOU’s in place d) P.O.D. distribution plan 13) Increase Senior Case Management services to accommodate increasing demand. Report delivered to the Disaster Council 2/16. Monitor case loads and employee productivity. 60 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 23 Projects completed in years prior to 2015/2016 have been removed e) E.O.P. and Annexes f) ARKnet WiFi from ARKS to EOC g) Shelter locations and logistics 18) Investigate acquiring and annexing the Lawrence Mitty parcel for a new east- side park and trail connector. Staff to update Council on project status at 3/1/16 Closed Session. City commencing negotiations for property acquisition. Appraisals complete. Soils testing pending. 1) Restructure the budget process and document to increase transparency. Completed. 2) Negotiate long-term contracts that are fair, financially sustainable and competitive in the local labor market. Current contract term 7/1/13-6/30/16. Preparation for upcoming Negotiations underway. Comprehensive compensation study completed in February 2016. Negotiation Kick-Off meetings scheduled for March. 3) Pursue legislation to correct our TEA/ERAF inequity allocations. Completed. 4) Replace the City’s obsolete financial software. Completed. ADMINISTRATIVE SERVICES DEPARTMENT 61 2016/2017 City Council Work Program PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS BLUE BACKGROUND = new projects 24 Projects completed in years prior to 2015/2016 have been removed 5) OpenGov a) OpenGov Platform to increase budgetary transparency and public engagement. Annual contract with OpenGov.Post financial data after monthly closes to have close to real time financial data for continued transparency and public engagement. b) OpenGov Budget Builder beta program. Department directors and staff will submit proposals and narratives in OpenGov, manage approvals and comments online, and create a consolidated view of the budget. Reviewing budget process with OpenGov developers to help design program to make our budget process more simplified and efficient. Schedule a meeting to review the status of the beta program and when we can test it and give feedback. 6) Prepare comprehensive Development Services fee study. Comprehensive Fee Study to go to City Council on March 15, 2016. Fees to be comprehensively reviewed every 5-7 years. Last review in 2007. 7) Staff Training Bringing in NewWorld Systems (NWS)/ Tyler Technologies consultants for continued trainings on FM and HR modules. Utilize Stanford intern to update procedure manual for new ERP systems. Continued staff training and development through webinars and training through CalPERS, the Government Finance Officers Association (GFOA), NWS/Tyler, and CalPelra that will increase staff knowledge and skills in order to enhance customer service for the community. 62 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1497 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:2/16/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Present proclamation to the American Association of University Women (AAUW) recognizing April 12, 2016 as Equal Pay Day in Cupertino Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject:PresentproclamationtotheAmericanAssociationofUniversityWomen(AAUW) recognizing April 12, 2016 as Equal Pay Day in Cupertino Present proclamation CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™63 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1542 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:2/25/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Present Association of Northern California Chinese Schools (ANCCS) Certificates of Recognition to the 2016 Chinese New Year Poster Contest Monkey Year Winners Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject:PresentAssociationofNorthernCaliforniaChineseSchools(ANCCS)Certificatesof Recognition to the 2016 Chinese New Year Poster Contest Monkey Year Winners Present certificates CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™64 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1412 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:1/25/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Presentation of student transportation videos and monetary awards to second place winners "Matted" Shuge Luo and Elaine Wang; and third place (tie) winners "Small Town Geniuses" Rahul Ravi and Rishi Godugu, and "Reducing Traffic" Yeeling Tse and Helen Jiang. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject:Presentationofstudenttransportationvideosandmonetaryawardstosecondplace winners"Matted"ShugeLuoandElaineWang;andthirdplace(tie)winners"SmallTown Geniuses" Rahul Ravi and Rishi Godugu, and "Reducing Traffic" Yeeling Tse and Helen Jiang. View video presentation and present awards CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™65 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1498 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:2/16/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Present proclamation to Christina Wu for being the California finalist in the Doodle4Google Contest Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject:PresentproclamationtoChristinaWuforbeingtheCaliforniafinalistinthe Doodle4Google Contest Present proclamation CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™66 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1500 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:2/16/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Present proclamation to the American Red Cross of Silicon Valley recognizing March 2016 as Red Cross Month Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject:PresentproclamationtotheAmericanRedCrossofSiliconValleyrecognizingMarch 2016 as Red Cross Month Present proclamation CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™67 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1560 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:3/7/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Present proclamation to the Tai Ji Men Qigong Academy in celebration of the 2016 Chinese New Year Gathering Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject:PresentproclamationtotheTaiJiMenQigongAcademyincelebrationofthe2016 Chinese New Year Gathering Present proclamation CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™68 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1561 Name: Status:Type:Postponements Agenda Ready File created:In control:3/7/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to April 5 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to April 5 Continue this item to April 5 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™69 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1317 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/7/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Approve the March 1 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council3/15/20161 Subject: Approve the March 1 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™70 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, March 1, 2016 SPECIAL CITY COUNCIL MEETING ROLL CALL At 4:00 p.m. Mayor Barry Chang called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. Council went into closed session and reconvened in open session at 6:00 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue for a study session regarding business license taxes. CLOSED SESSION 1. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Carol Atwood and Gail Seeds. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment Mayor Chang reported that Council gave direction to staff. 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9(d)(2) - Two cases Mayor Chang reported that Council gave direction to staff. STUDY SESSION 3. Subject: Study session on options for increasing business license taxes 71 City Council Minutes March 1, 2016 2 Recommended Action: Conduct study session on options for increasing business license taxes and provide direction to staff on recommended approaches for consideration of either special or general taxes Written communications for this item included a City of San Jose staff report and map showing Portland Tri-County Metro Transit District. City Manager David Brandt gave a brief overview of the item and staff answered questions from Council. The following individuals spoke on this item: Carl Guardino on behalf of Silicon Valley Leadership Group (SVLG) Janice Chua Vicky Tsai on behalf of St. Joseph Plaza Cathy Helgerson Keith Warner on behalf of Cupertino Chamber of Commerce Anjali Kausar on behalf of Cupertino Chamber of Commerce Tim O’Connor on behalf of Kaiser Permanente Jason Lungaard on behalf of Apple Deepna Nishar John Mumy Ram Gopal Les on behalf of Whole Foods Their comments included: Discuss topic at 2017 Mayor’s workshop; businesses already pay sales tax; discuss topic with employers and small businesses for their input; large corporations won’t let City impose a tax; use County and State funds or City reserves; small businesses will leave Cupertino if taxed; keep the thriving business community thriving; number of employees number fluctuates from month to month when doing calculation; transit is a regional problem so don’t tax small businesses in town; collaborate with residents, businesses, and officials; this is not the right proposal; already high cost to do business in Cupertino; think about franchise owners as well if putting burden on small businesses; work with Apple to build off-ramp into their facility; do study first before think about raising taxes; would affect Whole Foods greatly. 72 City Council Minutes March 1, 2016 3 Council comments included: take regional action when other entities are willing to have the conversation; collaborate with other cities; need businesses in the regional area to help solve the problem; premature to discuss transit funding until know the solution; too many unknowns right now; need more information to know how to move forward; outreach to businesses for discussion about what is best for everyone; sales tax not the right solution; concern about going back on work with Apple on Development Agreement; encourage business owners to incentivize own employees to help reduce traffic in the area; come back to Council with a clear platform for discussion. Council directed staff (City Manager, a representative from Public Works and the Economic Development Manager) to reach out to business leaders for discussion points regarding transit issues. ADJOURNMENT At 7:20 p.m. Mayor Chang adjourned the Special Meeting and Council recessed from 7:20 p.m. until 7:25 p.m. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 7:25 p.m. Mayor Barry Chang 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 Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. POSTPONEMENTS 1. Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to March 15 Recommended Action: Continue this item to March 15 73 City Council Minutes March 1, 2016 4 Wong moved and Sinks seconded to continue Item No. 20 regarding the approval of the Fiscal Year 2016-17 Fee Schedule to March 15. The motion carried unanimously. ORAL COMMUNICATIONS Glen Lee talked about receiving a stop order while putting on an addition to his lot and asked for Council’s help. John Mumy talked about traffic safety and the need to step up enforcement of traffic laws. Cathy Helgerson talked about Lehigh and their failing to comply with the use permit. She distributed written comments. Peggy Griffin talked about putting the Cupertino Citizens’ Sensible Growth Initiative (CCSGI) on the June ballot. Liang-Fang Chao on behalf of Cupertino Citizens’ Sensible Growth Initiative talked about the difference between a regular election and a special election. Brooke Ezzat talked about talked about putting the CCSGI on the June ballot. Phyllis Dickstein talked about regular elections and municipal elections and attorney opinions. She distributed written comments as the first speaker out of a group of four. Ignatius Ding talked about regular elections and municipal elections and attorney opinions. He distributed written comments as the second speaker out of a group of four. Howard Hung talked about regular elections and municipal elections and attorney opinions. He distributed written comments as the third speaker out of a group of four. Wenguan Wang talked about regular elections and municipal elections and attorney opinions. She distributed written comments as the fourth speaker out of a group of four. Steve Scharf talked about bike safety issues, especially with cars waiting in the bike lane on North Blaney Avenue and traffic calming circles that narrow the road. Darrel Lum talked about concern over speakers feeling intimidated to speak before the Council. He distributed written comments. 74 City Council Minutes March 1, 2016 5 Luke Lang talked about growth and looking at both extremes. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 10, 11, and 17 which were pulled for discussion. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the January 26 (teleconferencing) City Council minutes Recommended Action: Approve the minutes Written communications for this item included an amended portion on page two. 3. Subject: Approve the February 2 City Council minutes Recommended Action: Approve the minutes 4. Subject: Set application deadline and interview date(s) for terms expiring on the Teen Commission Recommended Action: Staff recommends the following deadlines: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 6; and 2.) Interviews held beginning at 3:30 p.m. on Tuesday, May 24 and Wednesday, May 25 (as needed) 5. Subject: Accept Accounts Payable for the period ending January 8, 2016 Recommended Action: Adopt Resolution No. 16-014 accepting Accounts Payable for the period ending January 8, 2016 6. Subject: Accept Accounts Payable for the period ending January 15, 2016 Recommended Action: Adopt Resolution No. 16-015 accepting Accounts Payable for the period ending January 15, 2016 7. Subject: Accept Accounts Payable for the period ending January 22, 2016 Recommended Action: Adopt Resolution No. 16-016 accepting Accounts Payable for the period ending January 22, 2016 8. Subject: Support of the “Safety for All” Ballot Initiative, A Series of Gun Reform Measures Initiated by Lieutenant Governor Gavin Newsom Recommended Action: Adopt Resolution No. 16-017 supporting the “Safety for All” ballot initiative. Direct staff to send copies of the resolution to President Barack Obama, 75 City Council Minutes March 1, 2016 6 U.S. Senators Barbara Boxer and Dianne Feinstein, Congresswoman Barbara Lee, Governor Jerry Brown, Lieutenant Governor Gavin Newsom, California Senator Loni Hancock, and California Assembly member Tony Thurmond 9. Subject: Orchard Supply Hardware is making a $5,000 donation to the City of Cupertino for specific use at the McClellan Ranch Preserve Recommended Action: Staff is requesting the Council to accept the monetary donation to be used for supplies and equipment and/or facility enhancements at McClellan Ranch Preserve 10. Subject: Friends of Stevens Creek Trail request for partnership and contribution towards a feasibility study of fish migration improvements along Stevens Creek Recommended Action: Authorize a contribution of $6,380 towards the local matching fund requirement of a Santa Clara County Water District grant proposal by the Friends of Stevens Creek Trail and regional partners The following individuals spoke on this item: Cathy Helgerson – pollution in the Creek (distributed written comments) Anne Ng on behalf of the Friends of Stevens Creek Trail - in favor Wong moved and Sinks seconded to authorize a contribution of $6,380 towards the local matching fund requirement of a Santa Clara County Water District grant proposal by the Friends of Stevens Creek Trail and regional partners. The motion carried unanimously. 11. Subject: Approaches to address continued noise complaints regarding cement plant operations Recommended Action: Direct the following actions to ensure ongoing sound compliance of the Lehigh Southwest Cement Company’s Plant, located outside of Cupertino’s boundary, and address ongoing residents’ related noise concerns: - Direct staff to send a letter to the County acknowledging that residents’ complaints regarding noise associated with Plant operations continue and that quarterly noise monitoring should commence as recommended in the DEH December 2015 Report of Findings. - Direct staff to provide City Council with updates on the quarterly noise monitoring studies conducted by the County, when available. - Appropriate $15,000 to conduct an independent City-led noise study Written communications for this item included emails to Council. 76 City Council Minutes March 1, 2016 7 The following individuals spoke on this item: Meir Statman – in favor Cathy Helgerson – in favor (distributed written comments) Tim Brand – in favor Rhoda Fry – in favor Gary Eccinger – in favor Gary Latshaw – in favor Sinks moved and Vaidhyanathan seconded to direct the following actions to ensure ongoing sound compliance of the Lehigh Southwest Cement Company’s Plant, located outside of Cupertino’s boundary, and address ongoing residents’ related noise concerns: - Direct staff to send a letter to the County acknowledging that residents’ complaints regarding noise associated with Plant operations continue and that quarterly noise monitoring should commence as recommended in the DEH December 2015 Report of Findings. - Direct staff to provide City Council with updates on the quarterly noise monitoring studies conducted by the County, when available. - Appropriate $15,000 to conduct an independent City-led noise study. The motion carried unanimously. 12. Subject: Planning Commission’s recommendation to select Alan Takahashi as the Environmental Review Committee representative Recommended Action: Accept the Planning Commission’s recommendation to the Environmental Review Committee 13. Subject: Application for Alcoholic Beverage License for 7 Eleven Store #2367, 21530 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for 7 Eleven Store #2367, 21530 Stevens Creek Boulevard 14. Subject: Application for Alcoholic Beverage License for Target T3224, 19499 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Target T3224, 19499 Stevens Creek Boulevard 77 City Council Minutes March 1, 2016 8 15. Subject: Application for Alcoholic Beverage License for Steins Beer Garden, 10088 North Wolfe Road, Suite 130 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Steins Beer Garden, 10088 North Wolfe Road, Suite 130 16. Subject: Application for Alcoholic Beverage License for The City Fish, 21678 Stevens Creek Boulevard Recommended Action: Recommend approval to the Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for The City Fish, 21678 Stevens Creek Boulevard 17. Subject: Survey of residents to provide feedback on willingness to support a sales tax measure or an employer tax. Recommended Action: 1) Authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to survey residents on their willingness to support a sales tax measure or an employer tax to fund mass transit services along major commute corridors; and 2) Amend approved FY 15/16 Operating Budget (Transportation-Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. The following individuals spoke on this item: Carl Guardino on behalf of Silicon Valley Leadership Group - opposed Anjali Kausar on behalf of Cupertino Chamber of Commerce - opposed Jason Lungaard on behalf of Apple - opposed Liang-Fang Chao - opposed Wong moved and Paul seconded to 1) Not authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to survey residents on their willingness to support a sales tax measure or an employer tax to fund mass transit services along major commute corridors; and 2) Not amend approved FY 15/16 Operating Budget (Transportation- Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. Vaidhyanathan offered a friendly amendment to bring the item back in April after the Silicon Valley Leadership Group poll was complete along with the specific survey questions asked. The friendly amendment was accepted. The motion carried with Chang voting no. 78 City Council Minutes March 1, 2016 9 18. Subject: 2015 Pavement Maintenance Project - Phase I, City Project No. 2015-22 & 2014 Sidewalk Accessibility Improvement Project, City Project No. 2014-15 contract amendment. Recommended Action: Staff recommends Council take the following actions for consulting services provided by Pavement Engineering, Inc. (PEI): 1. Authorize an increase in the contract amount from $305,380 to $400,380 for the 2015 Pavement Maintenance Project - Phase I; and 2. Authorize an increase in the contract amount from $75,685 to $85,000 for the 2014 Sidewalk Accessibility Improvement Project; and 3. Authorize the City Manager to negotiate and execute amended service order agreements for the 2015 Pavement Maintenance Project - Phase I and 2014 Sidewalk Accessibility Improvement Project for the not to exceed amounts of $400,380 and $85,000, respectively. 19. Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives Recommended Action: 1) Authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to complete a conceptual alternatives study for the State Route 85 Corridor, between State Route 87 and Highway 101; and 2) Amend approved FY 15/16 Operating Budget (Transportation-Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 20. Subject: Approval of the Fiscal Year 2016-17 Fee Schedule which was originally noticed for tonight’s agenda will be continued to March 15. Recommended Action: Under Postponements this item will be continued to March 15 Under Postponements, this item was continued to March 15. ORDINANCES AND ACTION ITEMS 21. Subject: Consideration and approval of the Mid-Year Financial Report and recommended budget adjustments for Fiscal Year 2015-16 Recommended Action: 1. Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2015-16 2. Approve the Mid-Year adjustments for Fiscal Year 2015-16 as 79 City Council Minutes March 1, 2016 10 described in the Mid-Year Financial Report 3. Adopt Resolution No. 16-018 approving Mid-Year budget adjustment Written communications for this item included a staff PowerPoint presentation. Director of Administrative Services Kristina Alfaro reviewed the staff report via a PowerPoint presentation. Wong moved and Vaidhyanathan seconded to 1. Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2015-16 2. Approve the Mid-Year adjustments for Fiscal Year 2015-16 as described in the Mid-Year Financial Report 3. Adopt Resolution No. 16- 018 approving the Mid-Year budget adjustment. The motion carried unanimously. 22. Subject: Proposed Initiative submitted by Kenneth Silvery Tersini regarding the Oaks Shopping Center Recommended Action: Adopt Resolution No. 16-019 directing City staff to prepare a report on the effects of the Oaks Initiative pursuant to Elections Code Section 9212 and appropriate $150,000.00 for such purpose Written communications for this item included an email to Council. City Manager David Brandt reviewed the staff report. The following individuals spoke on this item with comments including the report being optional and expensive. Peggy Griffin (distributed written comments) Liang-Fang Chao Steven Scharf Lisa Warren Ignatius Ding Wong moved and Savita seconded to adopt Resolution No. 16-019 directing City staff to prepare a report on the effects of the Oaks Initiative pursuant to Elections Code Section 9212 and appropriate $150,000.00 for such purpose. The motion carried unanimously. 23. Subject: Receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee and provide direction 80 City Council Minutes March 1, 2016 11 Recommended Action: Receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee and provide direction; defer a decision on whether to place the measure on the November 8, 2016 ballot until after the 9212 Report on the Initiative is completed Written communications for this item included emails to Council and a letter from Robert “Perl” Perlmutter of Shute, Mihaly & Weinberger LLP. City Clerk Grace Schmidt reviewed the staff report. The following individuals spoke on this item and comments included completing a thorough 9212 report; put measure on June ballot; get new tenants at Vallco. Kevin McClelland on behalf of Cupertino Chamber of Commerce Ignatius Ding Vicki Tsai Liang-Fang Chao Govind Tatachari on behalf of Better Cupertino Jennifer Griffin Andrew Walters Jean Bedord Lisa Warren Luke Lang Outside Counsel Robert “Perl” Perlmutter from Shute, Mihaly & Weinberger LLP talked about Council having no power to put the measure on the June ballot since the petition didn’t qualify for a special election. He answered questions from Council. Wong moved and Sinks seconded to receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee and to call a special meeting the last week in March to receive the report and make a decision regarding the petition. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 24. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments 81 City Council Minutes March 1, 2016 12 Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:52 p.m., Mayor Chang adjourned the meeting. _______________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 82 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1550 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/3/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Accept Accounts Payable for the period ending January 29, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/15/20161 Subject: Accept Accounts Payable for the period ending January 29, 2016 AdoptResolutionNo.16-020acceptingAccountsPayablefortheperiodendingJanuary29, 2016 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™83 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 January 29, 2016 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 15th day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1552 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/3/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Accept Accounts Payable for the period ending February 5, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/15/20161 Subject: Accept Accounts Payable for the period ending February 5, 2016 AdoptResolutionNo.16-021acceptingAccountsPayablefortheperiodendingFebruary5, 2016 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™105 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 February 5, 2016 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 15th day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 106 107 108 109 110 111 112 113 114 115 116 117 118 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1553 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/3/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Accept Accounts Payable for the period ending February 12, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/15/20161 Subject: Accept Accounts Payable for the period ending February 12, 2016 AdoptResolutionNo.16-022acceptingAccountsPayablefortheperiodendingFebruary12, 2016 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™119 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 February 12, 2016 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 15th day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1555 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/3/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Accept Accounts Payable for the period ending February 19, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/15/20161 Subject: Accept Accounts Payable for the period ending February 19, 2016 AdoptResolutionNo.16-023acceptingAccountsPayablefortheperiodendingFebruary19, 2016 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™139 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 February 19, 2016 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 15th day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1554 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/3/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Accept Accounts Payable for the period ending February 26, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/15/20161 Subject: Accept Accounts Payable for the period ending February 26, 2016 AdoptResolutionNo.16-024acceptingAccountsPayablefortheperiodendingFebruary26, 2016 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™159 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 February 26, 2016 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 15th day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:216-1563 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/7/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Approve the Second Amendment with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for the five year period ending August 31, 2019 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft 4-H Rolling Hills Agreement 2nd Amendment Action ByDate Action ResultVer. City Council3/15/20162 Subject:ApprovetheSecondAmendmentwithTheRegentsoftheUniversityofCalifornia andtheCityofCupertinofortheRollingHills4-HClubatMcClellanRanchPreserveforthe five year period ending August 31, 2019 AuthorizetheCityManagertoexecuteanamendmenttotheleaseagreementwithTheRegents oftheUniversityofCaliforniaandtheCityofCupertinofortheRollingHills4-HClubat McClellanRanchPreservetoincludeuseofMontaVistaRecreationCenterand/orthe Environmental Education Center for their monthly meetings CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™177 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: March 15, 2016 Subject Approve the Second Amendment with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for the five year period ending August 31, 2019. Recommended Action Authorize the City Manager to execute an amendment to the lease agreement with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4- H Club at McClellan Ranch Preserve to include use of Monta Vista Recreation Center and/or the Environmental Education Center for their monthly meetings. Description The City currently has a lease agreement with Rolling Hills 4-H Club to utilize space at McClellan Ranch Preserve in exchange for services that are provided to the Cupertino community. The current agreement expires August 31, 2019. The Second amendment to this agreement would authorize Rolling Hills 4-H Club to utilize the Monta Vista Recreation Center and/or the Environmental Education Center at McClellan Ranch preserve for their monthly meetings. The amendment would alleviate City staff time and streamline the process for 4-H to reserve facility space. Rolling Hills 4-H club will be required to maintain and provide a current certificate of liability demonstrating insurance obligations as agreed upon in the original agreement. Any additional use of City facility space, beyond the monthly meeting, would require following reservation and payment procedures in accordance with the specific facility use policy. Discussion The City of Cupertino has a 40+ year relationship with the Rolling Hills 4-H Club that resides at McClellan Ranch Preserve. The Rolling Hills 4-H Club works cooperatively with the Recreation and Community Services Department as well as the other agencies located at McClellan Ranch Preserve to provide a variety of outdoor programs, free of charge, that include service learning activities and leadership, while maintaining a rural experience for park users. School group tours, evening nature programs, family special interest classes (i.e. Beekeeping, Entomology Gardening, Dairy Goats, etc.) are just a few 178 of the activities offered (Exhibit A). Additionally, City staff is provided access to 4-H facilities and animal pens to use as educational components for afterschool, weekend, and camp programs. The organization also provides support and representation at several community-based events: Cherry Blossom Festival, Harvest Festival, Cupertino Day, Audubon Wildlife Day, Audubon Society Fundraiser for Education programs at McClellan Ranch Preserve, and Audubon Society Camp at McClellan Ranch Preserve. The Rolling Hills 4-H club is the largest such club in Santa Clara County, serving 185 youth participants. Fiscal Impact City would subsidize $720 to cover cost of annual facility reservation fees (12 meetings). ___________________________________ Prepared by: Dave Jahns, Recreation Coordinator Reviewed by: Christine Hanel, Recreation Manager Approved for Submission by: David Brandt, City Manager Attachment: A – Draft Second Amendment to the Agreement with The Regents of the University of California and the City of Cupertino. 179 No: 58303 FY 15-16 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR THE ROLLING HILLS 4-H CLUB This Second Amendment to the Agreement between the City of Cupertino and The Regents of the University of California for the Rolling Hills 4-H Club, for reference dated December 7, 2015, is by and between the CITY OF CUPERTINO, a municipal corporation ("Lessor") and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (for the Rolling Hills 4-H Club), (hereinafter “Lessee"), and is made with reference to the following: RECITALS: A. On September 1, 2009, the Lessor and Lessee entered into an Agreement; and B. On September 1, 2014, the Lessor and Lessee entered into a First Amendment to the Agreement between the Lessor and Lessee (collectively, the Agreement and First Amendment are hereafter referred to as “Agreement”); and C. Lessor and Lessee 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. The terms of the Agreement as set forth in Paragraph 3(RENTAL) shall be amended to read as follows: Lessee shall not pay rent to Lessor for the use and occupation of the premises. Lessee may utilize additional City of Cupertino facilities including, but not limited to, the Environmental Education Center and Monta Vista Recreation Center for monthly club meetings at no additional charge. Lessee must request use of Monta Vista Recreation Center in writing, a maximum of 12 months in advance. Use of all other City of Cupertino facilities must follow the rental and booking timeframe specific to the requested facility’s Facility Use Policy. In lieu of rent, Lessee shall participate in community programs and provide access to Lessor-designated Parks and Recreation Staff who will lead tours of the 4-H area for school youth groups and community groups/classes; and 2. On or before the term of this Second Amendment, Lessee shall provide the Lessor with a certificate of insurance and additional insured endorsement demonstrating Lessor’s ongoing compliance with the Agreement’s insurance obligations and naming the Lessor as an additional named insured; and 3. Lessor represents, warrants, and declares that the Agreement Exhibit “A” the “Cupertino Recreation and Community Services Programs” remains accurate and current; and 4. Except as expressly modified herein, all other terms, covenants and conditions set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. THE REGENTS OF THE UNIVERISTY CITY OF CUPERTINO, a municipal corporation OF CALIFORNIA By: By: Jake McGuire, Controller City Manager Division of Agriculture & Natural Resources Date: Date: 180 APPROVED AS TO FORM: By: City Attorney Date: ATTEST: By: City Clerk Date: 181 Exhibit A Community and Recreation and Community Services Department Programs Services provided to the Cupertino community by the Rolling Hills 4-H Club include:  During the spring and fall season (mid-September-mid November and April through the first week of June), school groups will visit 4H to view the animals from the Stevens Creek Trail, stop briefly to look at the animals on their way to or from the creek, and talk about 4H opportunities and their barn tours. (Approximately 1,879 students, 78 teachers, and 387 parents).  Participate in approximately 26 school tours annually for parent/tot, preschool, and kindergarten group enrichment.  Summer camps -Nature Camp, Summer Science Fun, and Preschool Adventures (10 visits to the 4H area, and 285 participants plus staff and volunteers per summer season).  After school classes (10-12 times /year, and 100 -144 participants).  Thursday Evening nature Programs(40 participants).  Accommodate groups that visit the bee yard and stop by to observe the hives.  Participate in the family Bug Programs and Bees and Honey programs offered through Recreation and Community Services (50-60 participants). Community Programs:  4H tours that occur during SCVAS Wildlife Education--650-750 in attendance.  Monthly barn tours for the public run through 4H.  Viewing of the 4H animals from outside of the fenced area.  Both the San Mateo and the Santa Clara Valley Beekeepers Guilds hold 3-4 classes at McClellan Ranch each year and the 50-75 class participants visit the 4H hives. 182 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1454 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/1/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council3/15/20161 Subject:ApplicationforAlcoholicBeverageLicenseforDoppioZeroPizzeria,10088North Wolfe Road, Suite 120 RecommendApprovaltotheDepartmentofAlcoholicBeverageControloftheApplicationfor Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™183 CITY COUNCIL STAFF REPORT Meeting: March 15, 2016 Subject Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Description Name of Business: Doppio Zero Pizzeria Location: 10088 North Wolfe Road, Suite 120 Type of Business: Restaurant Type of License: 47 – On-Sale General – Eating Place (Restaurant) Reason for Application: Annual and Original Fees, Federal and State Fingerprints Discussion The Doppio Zero Pizzeria is proposing to serve alcohol at a separate bar within the restaurant. This portion of the proposed use requires a separate conditional use permit. This application has been heard and approved by the Planning Commission on March 8, 2016. There are no other 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 licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. This address is in Nineteen800 (formerly Rosebowl) development. Sustainability Impact None Fiscal Impact None COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 184 _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Piu Ghosh, Principal Planner; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application 185 186 187 188 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1353 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/12/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Approval of two separate Master Agreements between the City of Cupertino and the Gilbane Building Company and between the City of Cupertino and CSG Consultants, Inc. to provide construction management services on various Capital Improvement Projects Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Master Agreement, Gilbane Building Company B - Draft Master Agreement, CSG Consultants, Inc. Action ByDate Action ResultVer. City Council3/15/20161 Subject:ApprovaloftwoseparateMasterAgreementsbetweentheCityofCupertinoandthe GilbaneBuildingCompanyandbetweentheCityofCupertinoandCSGConsultants,Inc.to provide construction management services on various Capital Improvement Projects 1)AuthorizetheCityManagertoexecuteaMasterAgreementbetweentheCityof CupertinoandtheGilbaneBuildingCompanyintheamountnottoexceed$800,000fora term of approximately two years; and 2)AuthorizetheCityManagertoexecuteaMasterAgreementbetweentheCityof CupertinoandCSGConsultants,Inc.intheamountnottoexceed$800,000foratermof approximately two years CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™189 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: March 15, 2016 Subject Approval of two separate Master Agreements between the City of Cupertino and the Gilbane Building Company and between the City of Cupertino and CSG Consultants, Inc. to provide construction management services on various Capital Improvement Projects. Recommended Actions 1) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $800,000 for a term of approximately two years. 2) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and CSG Consultants, Inc. in the amount not to exceed $800,000 for a term of approximately two years. Description The recommended Master Agreements will allow staff to utilize construction management resources on an as-needed basis to support the delivery of capital projects. Background In accordance with City policy, staffing for the City is maintained at a lean level. The City relies on external resources to augment the city staff when needed. The projects in the City’s current 5-year Capital Improvement Program (CIP) exceed the capacity of internal staff to perform all aspects of project management. The CIP for fiscal years 2013/14 through 2015/16 have included numerous projects that were funded for design and construction. Projects have been largely completed as programmed with the assistance of consultant construction management services. The current agreement for construction management services is ending on March 31, 2016. Construction management services will be needed to effectively and efficiently carry out the current and next fiscal year CIPs. 190 2 Discussion Anticipating the need for on-call construction management services, staff completed a qualifications-based selection (QBS) process in November 2015, in accordance with State and City codes. In response to a Request for Qualifications issued by the City, six Statements of Qualification were received from firms within the Bay Area, which were evaluated for relevant skills and experience, resulting in a list of qualified consultants. Cupertino’s capital projects are generally either in the public right of way (the street environment, e.g. sidewalk installation, storm drainage, paving, and traffic signal work) or at publicly owned facilities such as parks and buildings. Based on the Statements of Qualifications received, a firm’s experience and strengths typically center on one of the two types of projects described above. Staff recommends that two master agreements for construction management (CM) services for the CIP projects be approved. Based on their respective qualifications, two firms were selected for master agreements, one with primary strengths in building and site development projects and one with strengths in right-of-way improvements. While each has an area of strength, both firms can provide the CM services in either area of construction work as needed, allowing for flexibility in assigning CM project work over the life of the agreements and ensuring that the City has sufficient capacity at any given time. Staff recommends that the Gilbane Building Company (Gilbane) and CSG Consultants, Inc. (CSG) each be awarded a master agreement. Gilbane was selected for their experience with building and site development projects. Gilbane has provided CM service to the city of Cupertino from spring 2012 through March 2016. CSG was identified as the best fit to oversee construction management for projects that construct or modify infrastructure in the public right of way. These choices are based on the firms’ relevant experience, depth and breadth of skills, accessibility of the firm, and knowledge of the local construction market. The Master Agreements establish a menu of typical services performed for the administration and management of construction contracts and a maximum compensation authorized under the agreement. No funds are encumbered by the Master Agreements. Project specific services are authorized on a project-by-project basis by the issuance of a Service Order and those services are funded directly from the appropriate project budget. In this way, the costs for CM for any given project are charged to the relevant project and the funds are already appropriated in each project budget. There is no fiscal impact caused by approving the recommended agreements. 191 3 Through the proposed Master Agreements, Public Works Project Managers can quickly bring required construction management personnel on to a project team as needed, further enabling staff to effectively and efficiently deliver capital projects. Sustainability Impact Not applicable Fiscal Impact No appropriation is required for these actions. Subject to Council approval of these two Master Agreements between the City and Gilbane and the City and CSG, the requisite funds will be encumbered from each CIP project budget. _____________________________________ Prepared by: Katy Jensen, Capital Improvement Program Manager Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Master Agreement for Construction Management Services with Gilbane Building Company B - Draft Master Agreement for Construction Management Services with CSG Consultants, Inc. 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CSG CONSULTANTS, INC. FOR CONSULTANT CONSTRUCTION MANAGEMENT SERVICES ON VARIOUS CAPTIAL IMPROVEMENT PROJECTS THIS MASTER AGREEMENT, for reference dated April 1, 2016 , is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and CSG Consultants, Inc., a California corporation whose address is 550 Pilgrim Drive, Foster City, CA 94404 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for Construction Management Services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on March 31, 2018 unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Consultant shall provide services under this Master Agreement on an “as needed” basis and as set forth in, Exhibit A, Scope of Services, and as specifically defined in a fully executed Service Order as set forth in Exhibit B, Service Order Process; both Exhibits which are attached hereto and incorporated herein by this reference. The City has sole discretion to authorize any Service Order and has no obligation to do so under this Master Agreement. City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 1 of 12 219 3. SCHEDULE OF PERFORMANCE: All Consultant services under this Master Agreement shall be completed on or before the end of the Master Agreement Term. Each authorized Service Order shall include its own defined Schedule of Performance. In no case shall any Service Order’s schedule of performance extend beyond the Master Agreement Term. 4. CONSULTANT COMPENSATION: The maximum compensation to be paid to Consultant under this Master Agreement shall not exceed EIGHT HUNDRED THOUSAND DOLLARS ($800,000). The rate of payment is set out in Exhibit C, titled “Compensation”, which is attached hereto and incorporated herein. No payment shall be made under this agreement unless authorized by a fully executed Service Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum compensation for this Master Agreement as defined above. 5. METHOD OF PAYMENT: The method of payment for services performed under this agreement is set out in Exhibit C, titled “Method of Payment”, which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each authorized Service Order, clearly stating; the total Contract amount, amount paid to date, the work performed and percent complete, and amount due. All requests for payment from Consultant to City shall be addressed to the City to: Attention: John Raaymakers, Public Works Project Manager City of Cupertino 10300 Torre Ave. Cupertino CA 95014 6. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 7. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the practice of a professional that specializes in performing professional services of a like nature and complexity, and agrees that all services shall be performed by similarly qualified and experienced personnel who are not employed by the City nor have any contractual City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 2 of 12 220 relationship with City. 8. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 9. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 10. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 11. PROJECT COORDINATION CITY: The Director of Public Works, or designated agent, shall be representative of City for all purposes under this Agreement. John Raaymakers, Public Works Project Manager, is hereby designated as the Director of Public Works’ agent and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Executive to have overall responsibility for the progress and execution of this Agreement for the Consultant. If, City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 3 of 12 221 subsequent to the execution of the Agreement, circumstances or conditions require a substitute Consultant Project Executive for any reason, the proposed replacement Consultant Project Manager shall be subject to the prior written acceptance and approval of the City Director of Public Works or the above named designated agent.. The designated Consultant Project Executive for the Agreement term shall be Nourdin Khayata. 12. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant’s professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation. City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 4 of 12 222 13. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 5 of 12 223 B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 14. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form or Statement of Economic Interest (Form 700) if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700, et seq. of the California Code of Regulations. 15. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 6 of 12 224 consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 16. SUBCONSULTANT APPROVAL: Unless prior written consent from City is obtained, only those people and subconsultants whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subconsultants, such subconsultants shall be required to furnish proof of workers' compensation insurance and shall also be required to carry, at a minimum, general, automobile and professional liability insurance equal to the insurance maintained by the Consultant as required by this agreement. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 17. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 18. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 7 of 12 225 (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant’s work product shall constitute the Project deliverables. Documents shall be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 19. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees during normal business hours, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 20. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 8 of 12 226 All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: John Raaymakers, Public Works Project Manager All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: CSG Consultants, Inc. 550 Pilgrim Drive Foster City, CA 94404 Attention: Nourdin Khayata 21. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. The City shall notify the Consultant of such default ,in writing, specifying the nature of such default and the steps necessary to cure such default, If, after receipt by Consultant, such default is not cured within the time specified, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 22. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City’s Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 ½ times the basic rate of pay. City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 9 of 12 227 C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: To the extent applicable, Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 23. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 24. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 10 of 12 228 GIFTS: A. Consultant is familiar with City’s prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 27. REPRESENTATION OF AUTHORITY: The person executing this agreement on behalf of the CONSULTANT does hereby represent and warrant that the CONSULTANT is a sole proprietor in the State of California and has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement. 28. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 11 of 12 229 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CSG CONSULTANTS, INC. A California Corporation By Name Title Date Tax I.D. No.: Address: 550 Pilgrim Drive Foster City, CA 94404 CITY OF CUPERTINO A Municipal Corporation By Timm Borden, Director of Public Works Date APPROVED AS TO FORM: __________________________________ Randolph Stevenson Hom, City Attorney ATTEST: Grace Schmidt, City Clerk Contract Amount: City of Cupertino Consultant Master Agreement CSG Consultants, Inc. (2016-2018) Page 12 of 12 230 EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide certain Construction Management services as required and requested by the CITY. The CONSULTANT shall provide services under this Master Agreement on an “as needed” basis and only (1) upon written request from the CITY’s Director of Public Works or authorized Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER, Exhibit B. SECTION 1- GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the CITY’s Public Works Director or authorized Agent. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Program and Project Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. The CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICE ORDER which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY. D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT. E. The CITY shall designate a Project Manager for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the CITY’s designated Project Manager. SECTION 2. BASIC SERVICES The Consultant shall provide Construction Management services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement. A. General Performance Requirements City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 1 of 9 231 EXHIBIT A SCOPE OF SERVICES 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. CONSULTANT shall be responsible for coordinating the work of all consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all PROJECT meetings during the execution of this agreement under the scope of work. All minutes of meetings are due to the CITY within five (5) working days after the meeting. CONSULTANT shall provide copies of such documentation to the CITY, and as directed by the CITY, to other appropriate agencies and entities. 3. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. CONSULTANT shall not substitute any team members without the prior approval of the CITY. CITY retains the right to reject team members assigned by CONSULTANT or require replacement of team members. 4. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable information, and communicate with members of the PROJECT team. 5. During the course of work of an assigned PROJECT, CONSULTANT shall meet weekly with CITY’s assigned project manager for the respective construction projects to provide an update on the current status of the construction project. CM will provide the CITY’s assigned project manager with a summary report. B. CONSULTANT shall effectively manage the assigned construction projects for the efficient, progressive, and proactive delivery of each construction project. For each assigned construction project, the CONSULTANT may provide any or all of the following tasks and subtasks under Section 2, as is required for each specific project. C. TASKS Consultant services for any assigned project under this Master Agreement may include, but is not limited to the following tasks: Task 1 – Pre-Construction Phase - work shall include but is not limited to the following: 1) Conduct a constructability review of the construction documents (50%, 95% and 100%) for the various projects. Provide a written report with recommendations for changes. 2) Cost Estimate review and value engineering for various projects. Provide a written report with recommendations. 3) Utility coordination for projects. Work shall include a survey of existing utilities, the development of utility service plan for new and existing structures, coordinating with City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 2 of 9 232 EXHIBIT A SCOPE OF SERVICES consultant preparing the project plans and making application to the utility companies for service. 4) Assist with the building permit approval process. Work shall include but is not limited to coordinating with design consultant and building department to receive an approved building permit. 5) Assist with the review and approval process for other permits and regulatory requirements. Work shall include but is not limited to coordinating with design consultant, city staff, and regulatory agencies to apply for and secure approved permits and authorizations as needed. 6) Assist with the development and conducting of public outreach programs to assist in providing public information regarding project. 7) Assist with grant administration during the project. Task 2 – Bid Phase - work shall include but is not limited to the following: 1) Conduct a pre-bid Conference with prospective Bidders. 2) Assist with the issuing of Addendums. 3) Assist in the development of bidders’ interest in a project. 4) Review bid documents and assist the CITY in evaluation of bidders Statement of Qualifications for responsible low bidder and assist in analyzing bid protest as may be necessary. 5) Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and make recommendations on award. 6) Assist in review and processing of substitution submittals during bid and construction phase. Task 3 – Construction Phase – work shall include but is not limited to the following: 1) Administration and Coordination of Construction Contract: CM will provide administrative, construction management and related services necessary to administer the Construction Contract on each assigned project. CM’s services shall include but are not limited to the following: a. Scheduling, coordinating and conducting pre-construction and construction meetings; recording, maintaining and distributing minutes thereof. b. Prior to start of project construction the CM and CITY will come to agreement on the format for all project records to be kept and turned over to the CITY at the completion of the project. Documents may be hard copies and/or electronic. CM will make recommendations on programs to be used for tracking and other record keeping needs. c. Develop and implement a procedure for the submittal and processing of submittals with the design consultant. This shall include preparing and updating logs. Provide preliminary review for completeness and general City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 3 of 9 233 EXHIBIT A SCOPE OF SERVICES compliance of submittals that are to be reviewed by the design consultant. Provide review and response for submittals that do not involve the design consultant (such as Safety Plan, Fire Protection Plan). Sign and date such submittals with response: Reviewed or Revise and Resubmit. d. Develop and implement a procedure for the submittal and processing of substitution requests with the CITY and the design consultant. This shall include preparing and updating logs. e. Develop and implement a procedure for timely handling and disposition of the Contractor’s request for information (RFI) or clarifications with the design consultant. This shall include preparing and updating logs. f. Establish and implement procedures for the timely transmittal and receipt of communications, drawing and other information between CM, design consultant and the Contractor relating to construction of the project. g. Develop and implement a procedure for the timely submittal, processing and tracking of Contract Change Orders (CCO), Request for Price Quote (RPQ), etc. with the CITY. This shall include preparing and updating logs. h. Coordinate and maintain a project directory for the project, with emergency contact information. i. Review the Contractor’s comprehensive schedule that establishes a base line and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Review the Contractor’s three week look ahead schedule. Verify that schedules conform to the construction contract documents. j. Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction, to minimize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials. 2) Monitoring of construction costs and progress payments, CM services shall include but are not limited to the following: a. Provide and maintain project level reports for budgeting and contingency tracking; contract payment status; cash flow forecasting and analysis; grant documentation; and other financial reporting as necessary to support the CITY’s accounting needs. CM shall maintain records reflecting the actual costs for activities completed or in progress, including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CM shall monitor and advise the CITY of costs pertaining to potential, pending and completed changes; and potential or pending claims. b. Develop a procedure for submittal, review and processing of the progress payments to Contractor, along with associated forms and reporting systems. CM shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CM will verify that the “as built” check set of plans by the Contractor are updated prior to approval of progress City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 4 of 9 234 EXHIBIT A SCOPE OF SERVICES payment being submitted to the CITY. CM will require Contractor to provide a conditional waiver and release for progress payments and a final release and waiver for the final payment. CM will certify that the data in each application for progress payment is to the best of CM’s knowledge, information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CM’s review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities. CM shall also verify the progress payment satisfies any grant requirement. 3) Substantial completion and final completion, CM services shall include but are not limited to the following: a. Consult with the design consultants and CITY to jointly ascertain the achievement of substantial completion of the project. If upon inspection of the project substantial completion has not been achieved, the CM will assist the design consultant in noting the conditions of the work and the measures necessary for the Contractor to achieve substantial completion. Upon determining that the Contractor has achieved substantial completion the CM will coordinate the CITY’s and design consultant’s final inspection of the work to note punch list items to be completed by the Contractor as a condition to achieve final completion. b. Assist the CITY in issuing a certificate of substantial completion and final completion, as applicable. 4) Progress Records, CM services shall include but are not limited to the following: a. Maintain records of the progress of construction of the project, including written progress reports and photographs reflecting the status of construction and percentage completion of the project. CM will maintain daily records during construction of the project showing weather conditions, personnel of the Contractor and Subcontractor at the site, work accomplished, problems encountered and other matters materially affecting the project, completion of the project or construction cost to complete construction of the project. CM shall maintain project records for test results and special inspection results. b. Provide monthly progress reports on the project. 5) Site observations of project, CM services shall include but are not limited to the following: a. CM shall be on-site during construction of the project and substantially at all times during which there are construction activities at the site. CITY and CM may agree to the amount of time required to be at the site for observation, however this does not relieve the CM from the requirement of having knowledge of the status of the work. b. Coordinate testing, lab services and inspections, this includes by outside firms. City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 5 of 9 235 EXHIBIT A SCOPE OF SERVICES CM will work with the Building Department for permit inspections coordination and final approvals of permit. Provide testing and test results by testing firm acceptable to CITY. Such testing services shall be a reimbursable expense as described in Task 5. c. Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved Change Orders, Submittals, building permit, SWPPP and associated testing or monitoring documentation, other permits, applicable codes, rules and regulation and other written or electronic materials relating to the project. d. CM will endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents. e. CM shall reject work whenever in the ordinary course of discharging its services the CM discovers or observes patent conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project’s life-safety systems or operations, structural elements or integrity of the safety of persons or property. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing. CM’s responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature. f. Review the Contactor safety program and the requirements of the construction documents and applicable law. CM shall monitor the Contractor’s compliance with safety programs and advise the CITY of measures, if any, necessary or appropriate to obtain the Contractor’s compliance. By undertaking the obligation hereunder, CM shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CM is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program. g. CM shall promptly notify the CITY in writing of all CM observed instances of Contractor’s failure to comply with applicable safety requirements. If in the course of performing services during the construction, the CM observes a safety violation or other unsafe condition on or about the site or surrounding area which have a immediate or potential or actual adverse effect on life or property, the CM is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CM under the then existing circumstances to prevent such actual or potential adverse effect. h. CM shall become familiar with all CEQA documents and permit requirements City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 6 of 9 236 EXHIBIT A SCOPE OF SERVICES from other agencies having jurisdictions over the site or work that will affect the project and the construction site. CM shall be responsible for monitoring all aspects of the project as it relates to the requirements. CM shall monitor the Contractor’s compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements. 6) Contract Change Order (CCO) processing, CM services shall include but are not limited to the following: a. Coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the CITY and the design consultants relating to changes to the project. CM will coordinate the Contractor’s performance of changes authorized by the CITY. CM shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project. b. Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CM will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor’s proposal relative to the changes. If a change to the construction contract is approved or authorized by the CITY, CM will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CM is not authorized, without the prior consent and approval of the CITY, to effectuate or authorize any change to the work of the project. The CM shall be liable to the CITY for all direct and consequential costs, losses or damage resulting from the CM’s direction or authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY. 7) Claims handling, CM service shall include but are not limited to the following: a. Assist the design consultant in the review, evaluation and processing of claims asserted by the Contractor; CM will make recommendations to the CITY as to merit, handling and disposition of Contractor’s claims. Except in the event that the CM is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CM to prepare documentation or provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CM is alleged to have caused or contributed to a Contractor claim, the CM’s claims handling services, City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 7 of 9 237 EXHIBIT A SCOPE OF SERVICES including without limitation, claims analysis, assistance in preparing briefs/graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CM’s basic services under this agreement. 8) CM equipment, CM shall provide the following equipment necessary to carry out CM duties: a. Provide all equipment, furnishings and other items necessary to complete the services required for the project. Including without limitation, trailer, computers, related hardware, software, vehicles, cell phones, office equipment and copiers. Task 4 – Inspections and Testing – work shall include but is not limited to the following: 1) CM shall conduct routine inspection of the construction work over the course of construction to ensure compliance of the work with the construction contract, including all drawings and specifications. 2) CM shall monitor the contractor’s compliance with required Regulatory Agency Permit inspections and advise CITY of coordination problems and Contractor’s compliance with permit/inspection requirements. 3) CM shall engage the necessary subconsultants to perform the necessary inspections and testing as required for the project. CM shall schedule and coordinate with the contractor and subconsultant for the necessary testing and inspection for the project. 4) Compensation to the CM for inspections and testing by subconsultant shall be for the actual billed amount only, no mark up or overhead will be allowed for these subcontracted services. CM shall bill monthly for actual inspections and testing completed. CM shall attach copies of subconsultants’ invoice for verification of cost being billed. Task 5 – Post-Construction Phase – work shall include but is not limited to the following: 1) Contractor closeout document review, CM services shall include but are not limited to the following: 2) Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CM shall review each Contractor’s closeout submittals to determine conformity with the requirements of the Construction Contract. If the CM determines that any Contractor’s closeout submittals are not in conformity with requirements of the construction contract, the CM shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CM shall deliver to the CITY all of the Contractor’s closeout submittals, including the Contractor’s as-build drawings which the CM shall City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 8 of 9 238 EXHIBIT A SCOPE OF SERVICES transmit to the design consultant for preparation of the record drawings. The CM shall monitor the design consultant’s preparation and completion of the project record drawings prior to delivering to the CITY. 3) Within thirty (30) days of the date of issuance of a Certificate of Final Completion for the construction contract, the CM shall assemble and deliver to the CITY all of the records maintained by the CM relating to the project. Task 6 – Additional Services 1) Services provided by CM that are different from or in addition to those described herein are being included in the scope of Basic Services are referred to as “Additional Services”. No Additional Services shall be performed without the prior written authorization of the CITY. No compensation shall be due from the CITY to the CM for any Additional Services provided or performed by the CM without the prior written authorization of the CITY. 2) Compensation to the CM for Additional Services directed and authorized by the CITY shall be on the basis of either: 1) actual and reasonable time of the CM’s personnel necessary to complete the authorized Additional Service computed in accordance with the Rate Schedule attached to this Agreement; or 2) a fixed price mutually agreed upon by the CITY and the CM. The forgoing notwithstanding, if Additional Services authorized by the CITY result from the neglect of CM or CM’s default under this Agreement, CM shall complete Additional Services at no cost to the CITY. END OF EXHIBIT City of Cupertino Exhibit A-Scope of Services CSG Consultants, Inc. (2016-2018) Page 9 of 9 239 EXHIBIT B SERVICE ORDER PROCESS The CONSULTANT shall provide services under this Master Agreement on an “as needed” basis and only (1) upon written request from the CITY’s Director of Public Works or authorized Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed Service Order.. SECTION 1- SERVICE ORDER INITIATION A. The City Public Works Director or his designee shall provide written request for Consultant services as defined in this agreement. The Consultant and City shall meet to discuss the services after which the consultant shall provide a written proposal including specific scope of services, performance schedule, and compensation to the City. B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order. C. The City shall prepare a Project Service Order consistent with the City’s standard form, Service Order, and Attachment A. The Service Order shall, at a minimum, include (1) specific scope of services, deliverables, schedule of performance, and compensation. SECTION 2- SERVICE ORDER EXECUTION D. Both parties shall execute the Service Order as evidenced by the signatures of the authorized representatives defined in Article 11 of the Master Agreement, Project Coordination, and the date signed. E. The Consultant shall begin work on the scope of services only after receipt of a fully executed authorized Service Order defining those services. Consultant understands and agrees that work performed before the date of the authorized Service Order or outside the scope of services once a Service Order is signed and authorized shall be at no cost to the City. F. The maximum compensation authorized by a single Service Order and/or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement. END OF EXHIBIT City of Cupertino Exhibit B-Service Order Process CSG Consultants, Inc. (2016-2018) Page 1 of 1 240 EXHIBIT C COMPENSATION The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit which shall remain in effect for the Master Agreement schedule of performance unless changed by written amendment to the Master Agreement. Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant. In any case, the Consultant’s total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by a written amendment executed by the City and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Consultant Compensation, of the Master Agreement. Work exceeding the total authorized amount for a Service Order or the total compensation for the Master Agreement shall be at no cost to the City. Consultant Hourly Rate(s) The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders: Labor Category Master Agreement Hourly Rate Resident Engineer $170 Assistant Resident Engineer / Office Engineer $130 Construction Inspector $120 Reimbursable Expenses Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically required to perform the scope of services and beyond normal business operating expenses which are included in the direct labor rate. Such expenses include, but are not limited to: • Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions; • Software required by City other than Microsoft Word, Excel, PowerPoint, and Project; Adobe Acrobat; and a photo editor program. • Travel expenses to the extent allowed by City policy; City of Cupertino Exhibit C-Compensation CSG Consultants, Inc. (2016-2018) Page 1 of 2 241 EXHIBIT C COMPENSATION • Sub-consultants required by project scope of services; • Safety equipment required by City policy or the project scope of services; • Mass mailing notifications; • Expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, presentation equipment. The City shall compensate the Consultant for such reimbursable expenses only with prior written authorization by the City representative designated in Article 11, Project Coordination, of the Master Agreement. All compensation, including reimbursable expenses, shall not exceed the maximum compensation for the Service Order. The City shall compensate the Consultant for reimbursable expenses for the documented actual cost only, allowing for no surcharge for Consultant administration. Reimbursable expenses shall be separately identified on the Consultant invoice. Method of Payment The Consultant shall submit an invoice to the City by the 5th business day of each month that clearly identifies the work performed in the previous month and authorized reimbursable expenses. All invoices from Consultant shall be addressed to City at: Attention: John Raaymakers, Public Works Project Manager City of Cupertino 10300 Torre Ave. Cupertino CA 95014 The invoice shall identify the applicable period of work, a description of the work performed consistent with the Service Order scope of services, the number of hours, hourly rate, reimbursable expenses, Service Order maximum compensation, Service Order compensation to date including invoice number, total invoice amount for current invoice, Service Order maximum compensation balance remaining. All Consultant payments shall be addressed to: CSG Consultants, Inc. 550 Pilgrim Drive Foster City, CA 94404 Attention: Nourdin Khayata END OF EXHIBIT City of Cupertino Exhibit C-Compensation CSG Consultants, Inc. (2016-2018) Page 2 of 2 242 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1472 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/4/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Authority to award construction contract for Cupertino Sports Center (CSC) East Courts Resurfacing Project, No. 2015-04 Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council3/15/20161 Subject:AuthoritytoawardconstructioncontractforCupertinoSportsCenter(CSC)East Courts Resurfacing Project, No. 2015-04 1.AuthorizetheCityManagertoawardaconstructioncontractinanamountnottoexceedthe appropriatedprojectbudgetlimits,tothelowestresponsivebidderiftherearenounresolved bid protests; and 2.Authorizeaconstructioncontingencybudgetof10%oftheconstructioncontractamountto address unforeseen conditions discovered during construction. CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™243 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: March 15, 2016 Subject Authority to award construction contract for Cupertino Sports Center (CSC) East Courts Resurfacing Project, No. 2015-04. Recommended Action 1. Authorize the City Manager to award a construction contract in an amount not to exceed the appropriated project budget limits, to the lowest responsive bidder if there are no unresolved bid protests; and 2. Authorize a construction contingency budget of 10% of the construction contract amount to address unforeseen conditions discovered during construction. Description The CSC East Courts Resurfacing project will resurface thirteen tennis courts located on the east side of the CSC. The project will be implemented in two phases: Phase 1 resurfaces seven courts beginning in early April 2016 with completion scheduled for June 2016 and Phase 2 resurfaces the remaining six courts beginning after the summer tennis programs conclude in August 2016, with completion scheduled for October 2016. Discussion The FY 2015/16 CIP provides funding for resurfacing 18 existing tennis courts at the CSC. The CSC East Courts Resurfacing project completes CIP preventive maintenance work authorized for the Sports Center tennis courts. Five of the courts were resurfaced in a recently completed project, the Sports Center-West Court Renovations and Improvements (Project No. 2012-9151), completed in December 2015, that combined court resurfacing with a new sports court and court lighting on the CSC west side. The CSC East Courts Resurfacing Project addresses the remaining thirteen tennis courts, including one practice court. The CIP court resurfacing project was split in a previous budget action to achieve desirable project efficiencies related to schedule, budget, impacts to ongoing facility operations, and disruption to the adjacent neighborhood. The recommended project will be implemented in two phases. Phase 1 resurfaces seven courts prior to the start of the summer tennis programs and Phase 2 resurfaces the remaining six courts after the summer programs conclude. The seven courts planned 244 for completion in Phase 1 of the project combined with five west side courts previously completed allow CSC summer tennis operations to continue uninterrupted. The recommended project will repair extensive cracks and surface degradation affecting court playability and the underlying court structure. The engineer’s estimate of probable construction cost is $575,000. The project was advertised for bids starting on February 12, 2016 with bids due on March 8, 2016. Authorization by Council to award this project, within the budget limits, allows staff to maintain the project schedule, avoid seasonal weather disruptions, and support ongoing Sports Center operations with minimum disruption. Staff recommends that Council authorize the City Manager to award the construction contract for the CSC East Courts Resurfacing Project based on bids to be received on March 8, 2016, to the lowest responsive bidder, if there are no unresolved bid protests and also authorize a construction contingency budget of ten percent of the construction contract amount to address unforeseen conditions discovered during construction. Sustainability Impact None Fiscal Impact The FY 2015-2016 CIP budget for the Sports Center-Resurface Tennis Courts (18 Courts) project (budget unit 420-90-904) is adequate to implement the project. No additional appropriation is needed. The materials and process used to resurface the courts is expected to be a longer-term fix for court cracking, with a wear-life of 12-15 years or longer. Completion of the resurfacing of all courts at the Sports Center will reduce the frequency of recurring surface maintenance. _____________________________________ Prepared by: Katy Jensen, CIP Program Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager 245 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1564 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/7/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street improvement projects Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Master Agreement Action ByDate Action ResultVer. City Council3/15/20161 Subject:AgreementbetweentheCityofCupertinoandPavementEngineering,Inc.for consultant services on various street improvement projects ApproveanAgreementbetweentheCityofCupertinoandPavementEngineering,Inc.(PEI)in theamountnottoexceed$325,000fromthedateofexecutionthroughJune30,2017,and authorizetheDirectorofPublicWorkstonegotiateandexecuteallnecessarydocumentsto carry out all consultant services for the various street improvement projects CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™246 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: March 15, 2016 Subject Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street improvement projects. Recommended Action Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $325,000 from the date of execution through June 30, 2017, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the various street improvement projects. Description The approved FY 2015/16 Operating Budget includes funding for the construction of various pavement and concrete maintenance projects. Two projects will be let out this year to complete the improvements. Staff proposes to engage the services of a testing and inspection services firm to provide necessary daily oversight of the pavement project and design support for the concrete project. Discussion The funding for pavement maintenance continues to be greater than in previous years. Staff proposes to use consultant services in order to ensure suitable resources are available for the management of the various pavement and concrete maintenance project contracts. Subject to Council approval, the consultant will perform the day-to- day testing and inspection for one pavement maintenance project and design support for one concrete project. Both projects are scheduled for substantial completion in 2016. Anticipating the need for these services, staff completed a consultant selection process in 2015. In response to a Request for Qualifications, the City received Statements of Qualification from firms within the Bay Area, which were evaluated for relevant skills and experience. Top-ranked firms were invited to interview. PEI was selected to provide the testing and inspection services based on relevant experience, depth and breadth of skills, and familiarity with the Cupertino street network. PEI has provided pavement related services successfully on several similar projects. 247 Staff has negotiated an agreement for services for a package of projects in order to have adequate oversight of all of the projects over the anticipated construction periods. The services for projects proposed to be included in the agreement are:  2016 CONCRETE IMPROVEMENTS, City Project No. 2016-XX  2016 PAVEMENT MAINTENANCE PROJECT, City Project No. 2016-15 Sustainability Impact Not applicable. Fiscal Impact Approval of an agreement between the City and PEI will encumber the needed funds for each maintenance project in the FY 2015/2016 Operating Budget in the following amounts: 2016 CONCRETE IMPROVEMENTS, City Project No. 2016-XX $265,000 2016 PAVEMENT MAINTENANCE PROJECT, City Project No. 2016-15 $60,000 Master Agreement Total $325,000 _____________________________________ 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 Master Agreement 248 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 1 of 14 MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PAVEMENT ENGINEERING INC.FOR CONSTRUCTION MANAGEMENT AND ASPHALT TESTING CONSULTANT SERVICES THIS MASTER AGREEMENT, for reference dated March XX, 2016, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and, PAVEMENT ENGINEERING, INC. whose address is 3820 Cypress Drive, Suite 3, Petaluma, CA, 94954-6964; telephone no. (707) 769-5330 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for Program andProject Management Services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on June 30, 2017 unless terminated earlier as set forth herein. At City’s sole discretion, City may exercise an option to extend the contract term for up to six months. This City shall exercise this option, in writing, on or before June 1, 2017. 249 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 2 of 14 2. SCOPE OF SERVICES Consultant shall provide services under this Master Agreement on an “as needed” basis and as set forth in, Exhibit A, Scope of Services, and as specifically defined in a fully executed Service Order as set forth in Exhibit B, Service Order Process; both Exhibits which are attached hereto and incorporated herein by this reference. The City has sole discretion to authorize any Service Order and has no obligation to do so under this Master Agreement. 3. SCHEDULE OF PERFORMANCE: All Consultant services under this Master Agreement shall be completed on or before the end of the Master Agreement Term. Each authorized Service Order shall include its own defined Schedule of Performance. In no case shall any Service Order’s schedule of performance extend beyond the Master Agreement Term. 4. CONSULTANT COMPENSATION: The maximum compensation to be paid to Consultant under this Master Agreement shall not exceed Three Hundred Twenty Five Thousand and Zero Dollars ($325,000). The rate of payment is set out in Exhibit C, titled “Compensation”, which is attached hereto and incorporated herein. No payment shall be made under this agreement unless authorized by a fully executed Service Order, beginning with Exhibit A-1. The sum of all Service Orders authorized shall not exceed the maximum compensation for this Master Agreement as defined above. 5. METHOD OF PAYMENT: The method of payment for services performed under this agreement is set out in Exhibit C, titled “Method of Payment”, which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each authorized Service Order, clearly stating; the total Contract amount, amount paid to date, the work performed and percent complete, and amount due. All requests for payment from Consultant to City shall be addressed to the City to: Attention: Roger Lee 250 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 3 of 14 City of Cupertino 10300 Torre Ave. Cupertino CA 95014 6. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 7. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the practice of a professional that specializes in performing professional services of a like nature and complexity, and agrees that all services shall be performed by similarly qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 8. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 9. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by 251 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 4 of 14 Consultant. 10. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 11. PROJECT COORDINATION CITY: The Director of Public Works, or designated agent, shall be representative of City for all purposes under this Agreement. Roger Lee is hereby designated as the Director of Public Works’ agent and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Executive to have overall responsibility for the progress and execution of this Agreement for the Consultant. If, subsequent to the execution of the Agreement, circumstances or conditions require a substitute Consultant Project Executive for any reason, the proposed replacement Consultant Project Manager shall be subject to the prior written acceptance and approval of the City Director of Public Works or the above named designated agent.. The designated Consultant Project Executive for the Agreement term shall be Paul Curren. 12. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. Where Consultant’s services fall within Civil Code Section 2782.8 and where the law establishes a standard of care for Consultant’s professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, 252 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 5 of 14 agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an up-front defense against unproven claims or allegations, but shall pay or reimburse the City for its reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, officers, officials, agents or independent contractors. However, the Consultant shall provide its immediate cooperation to the City, at no additional cost to the City, in defending and resolving such claims. B. Claims for Other Liability. For all liabilities other than those included within paragraph A. above, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of thisAgreement by Consultant or Consultant’s employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation. 13. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with 253 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 6 of 14 paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, 254 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 7 of 14 Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 14. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form or Statement of Economic Interest (Form 700) if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700, et seq.of the California Code of Regulations. 255 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 8 of 14 15. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 16. SUBCONSULTANT APPROVAL: Unless prior written consent from City is obtained, only those people and sub- consultants whose names are included in this Agreement shall be used in the performance of this Agreement.In the event that Consultant employs sub-consultants, such sub-consultants shall be required to furnish proof of workers' compensation insurance and shall also be required to carry, at a minimum, general, automobile and professional liability insurance equal to the insurance maintained by the Consultant as required by this agreement. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 17. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 256 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 9 of 14 18. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant’s work product shall constitute the Project deliverables. Documents shall be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 19. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees during normal business hours, and gives 257 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 10 of 14 City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 20. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Roger Lee All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Pavement Engineering, Inc. 3820 Cypress Drive, Suite 3 Petaluma, CA, 94954-6964 Attention: Mike Wasden 21. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. The City shall notify the Consultant of such 258 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 11 of 14 default ,in writing, specifying the nature of such default and the steps necessary to cure such default, If, after receipt by Consultant, such default is not cured within the time specified, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 22. COMPLIANCES: Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City including, without limitation, the following. A. PREVAILING WAGES: Consultant shall comply with the City’s Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Consultant shall pay prevailing wages. Consultant will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Consultant B. WORKING DAY: Consultant shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 ½ times the basic rate of pay. C. PAYROLL RECORDS: Consultant shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. 259 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 12 of 14 D. APPRENTICES: Consultant shall comply with California Labor Code Section 1777.5 regarding apprentices. 23. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 24. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 26. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 260 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 13 of 14 27. GIFTS: A. Consultant is familiar with City’s prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 29. REPRESENTATION OF AUTHORITY: The person executing this agreement on behalf of the CONSULTANT does hereby represent and warrant that the CONSULTANT is a sole proprietor in the State of California and has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement. 30. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. 261 City of Cupertino Consultant Master Agreement Construction Management & Asphalt Testing Services – PEI, Inc. Page 14 of 14 CONSULTANT Pavement Engineering Inc. A California Corporation By William J. Long Title: Vice President Date Tax I.D. No.: Address: 3820 Cypress Drive, Suite 3, Petaluma, CA, 94954-6964 CITY OF CUPERTINO A Municipal Corporation By Timm Borden, Director of Public Works Date APPROVED AS TO FORM: Randolph Hom, City Attorney ATTEST: Grace Schmidt, City Clerk Contract Amount: $325,000 Account No.:270-85-821-900-921 262 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1569 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/9/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Mitigation Fee Act - Annual & Five-Year Report. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Developer In-Lieu Fee Report - Annual and Five-Year B - Draft Resolution Action ByDate Action ResultVer. City Council3/15/20161 Subject:Mitigation Fee Act - Annual & Five-Year Report. 1.)AccepttheFiveYearandAnnualReviewoftheCityofCupertino’sDevelopmentImpact Fees (Government Code Section 66000 et seq.); and 2.AdoptResolutionNo.16-026ApprovingtheFive-YearandAnnualDevelopmentImpactFee Reports and Making Required Findings CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™263 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: March 15, 2016 Subject Mitigation Fee Act - Annual & Five-Year Report. Recommended Action Accept the Five-Year and Annual Review of the City of Cupertino’s Development Impact Fees (Government Code Section 66000 et seq.); and Adopt Draft Resolution No.16-__ entitled “A Resolution of the City Council of the City of Cupertino, California Approving the Five-Year and Annual Development Impact Fee Reports and Making Required Findings.” Description The Mitigation Fee Act (Government Code Section 66000 et seq.) requires public agencies to account for and make findings when imposing development impact fees as a condition of development approval. The law also requires that the agency annually review and make available to the public a report accounting for the development impact fees held by the agency. Additional reporting is required at least every five years. There are several impact fees that the City has required as a condition of development approval in lieu of requiring the construction of certain public improvements. These fees are subject to this annual and five-year reporting requirement. Most of these fees are “ad- hoc” fees which were imposed to mitigate the impacts of a particular development and were based on the development’s fair share of a larger improvement project. Discussion The Mitigation Fee Act requires the City to make available to the public, on an annual basis, the following information concerning development impact fees each fiscal year:  Type of fee  Amount of the fee  Beginning and ending balances of the account or fund  Fees collected that year and interest earned 264  An identification of each public improvement for which fees were expended and the amount of the expenditures related to each improvement (including the total percentage of the cost of the public improvement that was funded with in‐lieu fees);  An identification of an approximate date by which the construction of the public improvements will commence for those improvements where sufficient funds have been collected to complete financing of the improvement;  A description of each inter-fund transfer or loan, if any, including the public improvement on which the transferred or loaned fees will be expended and the date upon which any loan will be repaid with the amount of interest on the loan; and,  The amount of any refunds made pursuant to Government Code section 66001(e) and any allocations made pursuant to Government Code section 66001(f). The City also must make certain findings with regard to unfinished improvements every five years following the first deposit of impact fees into a fund. The agency must identify the purpose for which the fee was expended and demonstrate a reasonable relationship between the amount of the fee and the purpose for which it was used. The agency also must identify all sources and amounts of funding anticipated to complete the financing of incomplete improvements and designate the approximate dates on which this funding is expected to be deposited into the account. Fees received through a development agreement are exempt from the five-year report. The attached report includes the annual reports for the fiscal years ending June 30, 2014 and June 30, 2015 and a five-year report for all fees. All construction projects listed have or will commence within the next five years, as shown in the report. Sustainability Impact None Fiscal Impact As all of the subject fees were collected exclusively for a specific purpose of design and constructing certain improvements, as long as these fees are programmed they will be retained until used. ____________________________________ Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Developer In-Lieu Fee Report - Annual and Five-Year B – Draft Resolution 265 Attachment A Page | 1 City of Cupertino AB 1600 ‐ Mitigation Fee Act Annual & Five Year Report for the fiscal years ending June 30, 2014 & 2015 Dept.: Community Development Project: Below Market Rate (BMR) Housing Mitigation Fee Local Authority: Information on the City’s BMR Housing Mitigation Fee is provided as a courtesy. The City of Cupertino has collected BMR mitigation fees from commercial and residential developments since 1992 based on nexus studies conducted at that time. On May 5, 2015, the City Council adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA) Summary and Recommendations BMR Housing Mitigation Program, Non-Residential Jobs- Housing Nexus Analysis, and Residential BMR Housing Nexus Analysis) which collectively form the City’s Nexus Study justifying the current residential and non-residential Housing Mitigation Fees. Per Resolution 15-036 the City Council adopted updated the BMR residential and non-residential (office, research and development (R&D), industrial, hotel, retail and commercial) Housing Mitigation Fees. The updated residential and non-residential Housing Mitigation fees adopted by the City Council per Resolution 15-036 did not go into effect until July 6, 2015 and will be reported in next year’s reporting period. For purposes of this reporting year (July 1, 2014 – June 30, 2015) the fiscal year 2014-15 BMR Housing Mitigation Fee amounts are being reported below. Voluntary Five Year Reporting & Findings Requirement: 1. The purpose of the BMR Housing Mitigation Fee is to help mitigate the need for affordable housing as a result of new residential and non-residential development within the City of Cupertino. The requirements for applicability to the BMR Housing Mitigation Fees are set forth in the City’s adopted BMR Housing Mitigation Program Procedural Manual. The BMR Housing Mitigation Fee was $3.00/sq. ft. for residential development, $6.00/sq. ft. for non-residential (office, R&D, industrial, hotel, commercial and retail) development, and $3.00/sq. ft. for development in the Planned Industrial Zone for the reported year. BMR Housing Mitigation Fees were used to fund staff and administrative time, legal and professional services, BMR housing placement services, rental mediation, contract services, Nexus Study update and a Consolidated Plan. The fees in the BMR Fund include funds paid to the City as a condition of the development agreement entered into between the City and Apple, Inc. for the Apple 2 campus, as well as other development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. 2. A reasonable relationship exists between the BMR Housing Mitigation Fee and the purpose for which the fee was charged. The need for the BMR Housing Mitigation fees, as they were identified when the fee was enacted, remains. 266 Attachment A Page | 2 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost* Fund Balance 6/30/2015 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Below Market Rate Housing Mitigation fee $160,300,000 $11,323,869 100% Additional Developer Contributions State and Federal tax credits, loans and grants As projects develop/ redevelop Ongoing Ongoing * Based on RHNA allocation and affordability gaps estimated in the nexus study: Very low income units (356) x $241,000/unit = $87.8 million. Low income units (207) x $213,000/unit = $44.1 million. Moderate income units (231) x $123,000/unit = $28.4 million. Total = $160.3 million. Annual Report Amount of Fee: Based on adopted Fee Schedule FY 2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2013 $699,046 Fees Collected $7,229,545 * Interest $10,848 Expended Subtotal ($25,721) ($127,955) ($69,995) ($15,879) ($239,550) Staff and administration Housing placement services Rental mediation services, legal and professional services Housing Element Refunded 0 Balance at 6/30/2014 $7,699,889 *- Includes funds collected by Development Agreement 267 Attachment A Page | 3 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2014 $7,699,889 Fees Collected $4,051,266 * Interest $45,016 Expended Subtotal ($49,686) ($41,276) ($71,407) ($193,442) ($83,200) ($33,291) ($472,302) Staff and administration Legal and professional services Housing placement services Rental mediation services/contract services Nexus Study Consolidated Plan Refunded 0 Balance at 6/30/2015 $11,323,869 *- Includes funds collected by Development Agreement 268 Attachment A Page | 4 Dept.: Public Works Project: Park Dedication In-Lieu Fee Local Authority: City of Cupertino: Municipal Code, Chapter 13.08 Five Year Reporting & Findings Requirement: 1. The purpose of the Park Dedication Fee is to help mitigate the need for additional outdoor recreational area for new residential development within the City of Cupertino. The requirements for applicability to the Park Dedication Fees are set forth in the City’s Municipal Code, Chapter 13.08. The Parkland Dedication Fee is based on the fair market value of land within the City of Cupertino. Land values are appraised bi-annually, and the Park Dedication Fees are updated accordingly. Park Dedication Fees are used to fund parkland acquisitions, improvements and maintenance of park and recreational facilities. The fees in the Park Dedication table below include funds paid to the City as a condition of the development agreement entered into between the City and Apple, Inc. for the Apple 2 campus, as well as other development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. In addition, this table includes fees imposed as a condition of a subdivision. 2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the fee is charged, as additional parkland and facilities are needed to offset the increase in population that additional residential units impacts. The need for the Park Dedication fees, as they were identified when the fee was enacted, remains, as the City’s current park area per resident does not yet meet the park acreage standard in the Park Dedication Fee ordinance and as development continues the need for remains. 3. The sources and amounts of funding anticipated to complete the financing of the Park Dedication are identified below:  Developer Fair-Share Contributions from all projects that impact residential density. 4. The approximate dates on which the funding is expected to be deposited into the appropriate account are identified Five-Year Report. 269 Attachment A Page | 5 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Projects are set forth in the Project Description Total Estimate d Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Park Projects as listed in the Budget report of the Capital Improvemen t Program As needed $8,809,056 100% Additional Developer Contributions for new residential construction As projects develop Ongoing Ongoing Annual Report Amount of Fee: Based on Fair-Market Value of land, through land appraisal FY 2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2013 $1,636,261 Fees Collected $8,369,259 * Interest $11,131 Expended ($1,575,000) Acquisition of park land (22050 Stevens Creek Blvd) Refunded 0 Balance at 6/30/2014 $8,441,651 *- Includes funds collected by Development Agreement, Subdivisions, and Development FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2014 $8,441,651 Fees Collected $329,500 * Interest $37,905 Expended 0 Refunded 0 Balance at 6/30/2015 $8,809,056 *- Includes funds collected by Development Agreement, Subdivisions, and Development 270 Attachment A Page | 6 Dept.: Public Works Project: N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades Local Authority: EXC-2007-06: Condition of Approval No. 21 TM-2007-02: Condition of Approval No. 24 Five Year Reporting & Findings Requirement: 1. The purpose of the N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades fee is to enhance the pedestrian walkway along the east and west side of the North Stelling Road bridge that crosses over Interstate 280. Public facilities to be funded with the fees were described in: a. Villa Serra Apartments: ASA-2007-03: Condition of Approval No. 21, dated July 13, 2007 for Architectural Site Approval ($25,000 collected) b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18, 2007 for Tentative Map Application ($25,000 collected) 2. A reasonable relationship exists between the North Stelling fee and the purpose for which the fee was charged in that new development in the vicinity of the bridge increases pedestrian traffic across the bridge. The need for improvements to the bridge, that were identified during the review of the two projects, remains, as the bridge experiences increased pedestrian traffic due to the two projects. 3. The sources and amounts of funding anticipated to complete the financing of the bridge improvements are identified below:  It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Pedestrian Lighting & Upgrades – N. Stelling/ I280 Bridge $100,000 $ 48,747 50% Anticipated that City will fund the remaining cost of the project Summer/2016 Fall/2016 Winter/2017 271 Attachment A Page | 7 Annual Report Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to improvement. FY 2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $ 52,059 Amount $ - Fees Collected 0 $ 50,000 Repayment Date (est.) na Interest $30 $2,059 Expended ($3,500) Light Study ($3,500) Refunded 0 0 Balance at 6/30/2014 $ 48,559 $ 48,559 FY 2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $ 48,559 Amount $ - Fees Collected 0 $ 50,000 Repayment Date (est.) na Interest $188 $2247 Expended 0 ($3,500) Refunded 0 0 Balance at 6/30/2015 $ 48,747 $ 48,747 272 Attachment A Page | 8 Dept.: Public Works Project: De Anza/McClellan/Pacifica signal modification Local Authority: TM-2002-02: Condition of Approval No. 23 Five Year Reporting & Findings Requirement: 1. The purpose of the De Anza/McClellan/Pacifica signal modification is to study and redesign the traffic signal to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Town Square: TM-2002-02: Condition of Approval No. 2, dated July 15, 2003 for Tentative Map application ($145,700 collected) 2. A reasonable relationship exists between the De Anza/McClellan/Pacifica signal modification contribution and the purpose for which the fee was charged, in that the new development introduces additional vehicular and pedestrian traffic to the intersection. The need for improvements to the intersection and the traffic signal, as they were identified during the review of the project, remains. The intersection continues to run less efficiently than other intersections in the area. 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are identified below:  Developer Fair-Share Contributions from other projects that contribute traffic to the intersection. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Signal & Intersection Improvements De Anza Blvd/ McClellan Rd/ Pacifica Ave $600,000 $155,989 100% Additional Developer Contribution s are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2020 Fall/2020 Winter/2021 273 Attachment A Page | 9 Annual Report Amount of Fee: 25% Contribution to the total cost based on estimated contribution of four projects. FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $155,297 Amount $ - Fees Collected 0 $ 145,700 Repayment Date (est.) na Interest $90 $9687 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $155,387 $155,387 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $155,387 Amount $ - Fees Collected 0 $ 145,700 Repayment Date (est.) na Interest $602 $10,289 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $155,989 $155,989 274 Attachment A Page | 10 Dept.: Public Works Project: Monument Gateway Signs Local Authority: TM-2004-11: Condition of Approval No. 19 ASA-2009-08: Condition of Approval No. 16 Five Year Reporting & Findings Requirement: 1. The purpose of the Monument Gateway Signs contribution is to fund the project’s fair share toward upgrading or replacing the existing gateway feature/signs at 1) Stevens Creek Blvd near Tantau Ave; 2) DeAnza Blvd near I-280 overcrossing; 3) DeAnza Blvd near Bollinger Road; and install a new center island gateway sign at Stevens Creek Blvd near the Oaks shopping center. Public facilities to be funded with the fees were described in: a. Oak Park Village: TM-2004-11: Condition of Approval No. 19 dated 2/16/2005 for Tentative Map application ($25,000 collected) b. Homestead Square: ASA-2009-08: Condition of Approval No. 16 dated May 6, 2010 for Architectual Site Approval ($10,000 collected) 2. A reasonable relationship exists between the Gateway Monument Sign and the purpose for which the fee was charged, in that new developments are in the vicinity of one of the proposed sign locations. The entire project was estimated at $100,000, and the projects provided a fair share contribution towards the overall cost. The need for improvements to the Gateway Monument Signs, as they were identified during the review of the project, still remains. 3. The sources and amounts of funding anticipated to complete financing of the gateway monument improvements are identified below:  Developer Fair-Share Contributions from other projects in the vicinity of the signs. 4. The approximate dates on which the funding for the Gateway Monument Sign improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Monument Gateway Signs at four locations $100,000 $ 37,108 100% Additional Developer Contributions are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2020 Fall/2020 Winter/2021 275 Attachment A Page | 11 Annual Report Amount of Fee: Contribution based on proximity of the proposed sign location FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $ 36,943 Amount $ - Fees Collected 0 $ 35,000 Repayment Date (est.) na Interest $21 $1,965 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $ 36,965 $ 36,965 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $ 36,965 Amount $ - Fees Collected 0 $ 35,000 Repayment Date (est.) na Interest $143 $2,108 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $ 37,108 $ 37,108 276 Attachment A Page | 12 Dept.: Public Works Project: DeAnza/Homestead southbound right-turn lane upgrade Local Authority: Sunnyvale Town Center – Environmental Impact Report Five Year Reporting & Findings Requirement: 1. The purpose of the DeAnza/Homestead southbound right turn lane upgrade fee is to contribute the project’s fair share toward the study, design and construction of right-of-way improvements at the intersection of DeAnza Blvd and Homestead Road. Public facilities to be funded with the fees were described in: a. Sunnyvale Town Center Environmental Impact Report ($75,924 collected) 2. A reasonable relationship exists between the DeAnza/Homestead southbound right turn lane upgrade and the purpose for which the fee was charged, in that traffic generated by the development has an impact to the intersection. The Environmental Impact Report assessed the impact the development had to the intersection and compared the project’s impact to the estimated cost of $333,000. The need for improvements to the intersection, as they were identified during the review of the project, remains. The Sunnyvale Town Center and further growth in the area continues to impact the intersection. 3. The sources and amounts of funding anticipated to complete the improvements are identified below:  Apple Campus 2 project will complete the funding and the construction of the improvement. The contribution provided by the Sunnyvale Town Center development will be utilized in the completion of this work. 4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimate d Cost Fund Balance 6/30/201 5 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipate d to Complete the Project Estimate d Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date DeAnza/Homestea d southbound right turn land upgrade $333,000 $76,697 100% Apple Campus 2 to provide remaining funds and construct the project. Fall/2016 Winter/2017 Spring/2017 277 Attachment A Page | 13 Annual Report Amount of Fee: Based on project impact as shown in EIR. $75,924 from Sunnyvale Town Center; remainder from Apple 2 campus. FY 2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $ 76,357 Amount $ - Fees Collected 0 $ 75,924 Repayment Date (est.) na Interest $44 $477 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $ 76,401 $ 76,401 FY 2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $76,401 Amount $ - Fees Collected 0 $75,924 Repayment Date (est.) na Interest $296 $773 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $76,697 $76,697 278 Attachment A Page | 14 Dept.: Public Works Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements Local Authority: ASA-2011-12: Condition of Approval No. 43 Five Year Reporting & Findings Requirement: 1. The purpose of the Stevens Creek Blvd and Bandley Drive Traffic Signal Improvement fee is to partially fund upgrades to the traffic signal in order to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Crossroads: ASA-2011-12: Condition of Approval No. 43dated November 17, 2011 for Architectural Site Approval ($25,000 collected) 2. A reasonable relationship exists between the Stevens Creek Blvd. and Bandley Drive Signal Improvements fee and the purpose for which the fee was charged, in that the new development has a driveway that connects directly to the signalized intersection and the development will introduce additional vehicular and pedestrian traffic to the intersection. The need for the improvements to the intersection, that were identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the signal upgrades improvements are identified below:  Developer Fair-Share Contributions from other projects in the vicinity of the intersection. 4. The approximate dates on which the funding for the signal improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Stevens Creek Blvd and Bandley Drive Signal Improvements $185,000 $ 25,202 100% Additional Developer Contributions are needed to complete the project Fall/2017 Spring/2018 Summer/2018 279 Attachment A Page | 15 Annual Report Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic to intersection. FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $ 25,090 Amount $ - Fees Collected 0 $ 25,000 Repayment Date (est.) na Interest $15 $105 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $ 25,105 $25,105 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $25,105 Amount $ - Fees Collected 0 $ 25,000 Repayment Date (est.) na Interest $97 $202 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $ 25,202 $ 25,202 280 Attachment A Page | 16 Dept.: Public Works Project: Traffic Calming along Rodrigues Ave. and Pacifica Dr. Local Authority: TM-2002-02: Condition of Approval No. 21 Five Year Reporting & Findings Requirement: 1. The purpose of the Traffic Calming along Rodrigues Ave. and Pacifica Dr. fee is to construct traffic calming measures to offset the project traffic along Rodrigues Ave. and Pacifica Dr. Public facilities to be funded with the fees were described in: a. Cupertino Town Center: TM-2002-02: Condition of Approval No. 21 dated July 15, 2003 for Tentative Map application ($40,000 collected). 2. A reasonable relationship exists between the Traffic Calming along Rodrigues Ave and Pacifica Dr. fee and the purpose for which the fee was charged, in that the development in the vicinity of Rodrigues Ave. and Pacifica Dr. introduces additional traffic to these streets. The City has utilized a portion of the funds to modified striping along these streets and currently has an approved project that uses the remainder of the funds to modify the intersection of DeAnza Blvd/Rodrigues to further address traffic calming concerns. 3. Adequate funding has been collected to complete the project. 4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Remaining Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Calming along Rodrigues Ave. and Pacifica Dr. $27,536 $27,536 100% Project is fully funded Winter/2016 Spring/2016 Summer/2016 281 Attachment A Page | 17 Annual Report Amount of Fee: All required fees collected from Cupertino Town Center. FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $43,405 Amount $ - Fees Collected 0 $40,000 Repayment Date (est.) na Interest $25 $3,430 Expended ($16,000) Road Restriping ($16,000) Refunded 0 0 Balance at 6/30/2014 $27,430 $27,430 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $27,430 Amount $ - Fees Collected 0 $ 40,000 Repayment Date (est.) na Interest $106 $3,536 Expended 0 ($16,000) Refunded 0 0 Balance at 6/30/2015 $27,536 $27,536 282 Attachment A Page | 18 Dept.: Public Works Project: Wolfe Road Transportation Study Local Authority: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.14 Five Year Reporting & Findings Requirement: Not required for fees imposed through a development agreement. The purpose of the Wolfe Road Transportation Study fee is to study the stretch of Wolfe Road near the I-280 interchange for possibilities to improve vehicular, bicycle and pedestrian traffic in the area. Annual Report Amount of Fee: Estimated Full Cost of the Study. FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $1,000,000 Amount $ - Fees Collected $1,000,000 $1,000,000 Repayment Date (est.) na Total Interest $578 $578 Interest Rate na Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $1,000,578 $1,000,578 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $1,000,578 Amount $ - Fees Collected $1,000,000 Repayment Date (est.) na Total Interest $3,878 $4,456 Interest Rate na Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $1,004,456 $1,004,456 Adequate funds have been acquired to commence the study. The study will commence in Spring/2016. 283 Attachment A Page | 19 Dept.: Public Works Project: Traffic Mitigation at Homestead Rd and Lawrence Expressway Local Authority: TM-2012-04: Condition of Approval No. 87 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee is to fund improvements to the intersection in order to address traffic impacts from the project. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 87 dated September 20, 2012 for Tentative Map application ($400,000 collected) 2. A reasonable relationship exists between the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee and the purpose for which the fee was charged, in that the development, in the vicinity of the intersection, introduces additional traffic to the intersection. The County of Santa Clara has estimated a cost to upgrade the intersection, and the Environmental Impact Report assessed a fair share contribution from the project to address its portion of the impact. The need for improvements to the intersection, as they were identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are to be identified by the County of Santa Clara. 4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Mitigation at Homestead Rd and Lawrence Expressway Bridge $4,000,000 $400,000 100% To be determined by the County of Santa Clara When adequate funds have been acquired by the County to begin the project. Anticipated Summer/ 2018 Fall/2018 Summer/2019 284 Attachment A Page | 20 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $400,000 Amount $ - Fees Collected $400,000 $400,000 Repayment Date (est.) na Interest $231 $231 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $400,231 $400,231 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $400,231 Amount $ - Fees Collected 0 $400,000 Repayment Date (est.) na Interest $1,552 $1,783 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $401,783 $401,783 285 Attachment A Page | 21 Dept.: Public Works Project: Traffic Calming to Mitigate Impacts from Main Street Cupertino Local Authority: TM-2012-04: Condition of Approval No. 93 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Calming to Mitigate Impacts from Main Street Cupertino fee is to help mitigate traffic impacts in the adjacent neighborhoods resulting from the project, for a period of 5 years following project occupancy. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 93 dated 9/20/2012 for Tentative Map application ($100,000 collected). 2. A reasonable relationship exists between the Traffic Calming fee and the purpose for which the fee was charged, in that the development introduces additional traffic to the surrounding neighborhoods. The City will utilize the funds as needed to address traffic impacts to the surrounding neighborhoods, for a period of 5-years after occupancy. 5. The sources and amounts of funding anticipated to complete financing of the traffic calming mitigations were collected with the project ($100,000). 3. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimate d Beginnin g Date Estimated Completion Date Traffic Calming along Rodrigues Ave. and Pacifica Dr. $100,000 $100,000 100% Project fully funded Fees have been collected. Anticipated initiation of project is Summer/2017 Fall/201 7 Summer/2022 286 Attachment A Page | 22 Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements. FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $100,000 Amount $ - Fees Collected $100,000 $100,000 Repayment Date (est.) na Interest $58 $58 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $100,058 $100,058 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $100,058 Amount $ - Fees Collected 0 $100,000 Repayment Date (est.) na Interest $388 $446 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $100,446 $100,446 287 Attachment A Page | 23 Dept.: Public Works Project: Creek Trail Improvements along Calabazas Creek Local Authority: TM-2012-04: Condition of Approval No. 47 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Creek Trail Improvements along Calabazas Creek contribution is to administer a creek trail plan, the necessary approvals and improvements for a new trail along Calabazas Creek from Vallco Parkway to Interstate 280. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated September 20, 2012 for Tentative Map application ($65,000 collected) 2. A reasonable relationship exists between the Creek Trail Improvements along Calabazas Creek Fee and the purpose for which the fee was charged in that development in the vicinity of the proposed creek trail introduces additional pedestrian traffic to the area, causing the need to provide additional and alternative means of pedestrian access and recreation to new residents and visitors to the development. The need for a new creek trail, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the project are identified below:  Developer Fair-Share Contributions from other projects in the vicinity of the proposed creek trail location 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimate d Cost Fund Balance 6/30/201 5 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Creek Trail Improvement s along Calabazas Creek $195,000 $65,000 100% Additional Developer Contribution s are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2020 Spring/2021 Summer/2021 288 Attachment A Page | 24 Annual Report Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $ 65,000 Amount $ - Fees Collected $ 65,000 $ 65,000 Repayment Date (est.) na Interest $38 $38 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $ 65,038 $65,038 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $ 65,038 Amount $ - Fees Collected 0 $ 65,000 Repayment Date (est.) na Interest $253 $291 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $ 65,291 $65,291 289 Attachment A Page | 25 Dept.: Public Works Project: Parking Conversion Fund along Vallco Parkway Local Authority: TM-2012-04: Condition of Approval No. 67 Five Year Reporting & Findings Requirement: 1. The purpose of the Parking Conversion Fund along Vallco Parkway is to enable the City to convert the angled parking spaced along the south side of Vallco Parkway to parallel parking spaces and an additional east-bound traffic lane. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for Tentative Map application ($450,000 collected) 2. A reasonable relationship exists between the Parking Conversion Fund along Vallco Parkway and the purpose for which the fund was collected in that new development is adjacent to this section of Vallco Parkway, and the development reduced the number of east-bound lanes a part of their project. The Fund will permit the City to reestablish the east-bound lane that was lost, due to the development, should it be found that the additional lane is necessary to serve the public. The fund is based on the estimated cost to perform the work. The need for the funds, that were identified when the funds was imposed, remain, as the development project has not yet been completed, and the full impact of traffic to this portion of road has not yet materialized. 3. The sources and amounts of funding anticipated to complete financing of the conversion were collected with the project ($450,000). 4. The approximate dates on which the funding for the conversion is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Parking Conversion Fund along Vallco Parkway $450,000 $450,000 100% No additional funds needed at this time. Fees have been collected. Anticipated initiation of project is Summer/2017 Fall/2017 Summer/2022 290 Attachment A Page | 26 Annual Report Amount of Fee: Estimated Full Cost of the potential improvements. FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $450,000 Amount $ - Fees Collected $450,000 $450,000 Repayment Date (est.) na Interest $260 $260 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $450,260 $450,260 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $450,260 Amount $ - Fees Collected 0 $450,000 Repayment Date (est.) na Interest $1,746 $2,006 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $452,006 $452,006 291 Attachment A Page | 27 Dept.: Public Works Project: Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Local Authority: TM-2011-03: Condition of Approval No. 49 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Fee is to monitor and address traffic and parking intrusion, in neighborhoods adjacent to the project site, due to the practices of employees who will work at the project site. Public facilities to be funded with the fees were described in: a. Apple Campus 2: TM-2011-03: Condition of Approval No. 49 dated 10/15/2013 for Tentative Map application ($850,000 collected) 2. A reasonable relationship exists between the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring fee and the purpose for which the fee was charged in that the traffic from the development, for which the fee is to be used to monitor, has not yet materialized because the development is still under construction. The City will begin monitoring activities in the fall of 2016. The $850,000 fee was based on an estimate of the cost to perform the monitoring and make minor modifications to address traffic and parking intrusion concerns. The need for traffic and parking intrusion monitoring, as it was identified during the review of the project, remains. The traffic, for which the fees are to be used to monitor, has not yet materialized. 3. The sources and amounts of funding anticipated to complete monitoring and improvements were collected with the project ($850,000). 4. The approximate dates on which the funding for the monitoring is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring $850,000 $850,000 100% No additional funds needed at this time. Fall/ 2016 Fall/2016 Fall/2019 292 Attachment A Page | 28 Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements. FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $850,000 Amount $ - Fees Collected $850,000 $850,000 Repayment Date (est.) na Interest $491 $491 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $850,491 $850,491 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $850,491 Amount $ - Fees Collected 0 $850,000 Repayment Date (est.) na Interest $3,296 $3,787 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $853,787 $853,787 293 Attachment A Page | 29 Dept.: Public Works Project: Implement a Traffic-Adaptive Traffic Signal System along De Anza Blvd Local Authority: TM-2011-03: MitigationTRANS-13c Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic-Adaptive Traffic Signal System along De Anza Blvd fee is to implement traffic-adaptive technology to the traffic signals along DeAnza Blvd within the jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described in: a. Apple Campus 2: TM-2011-03: MitigationTRANS-13c, dated 10/15/2013 for Tentative Map application ($50,000 collected) 2. A reasonable relationship exists between the traffic-adaptive traffic signal system along De Anza Blvd fee and the purpose for which the fee was charged in that new development will introduce additional traffic to DeAnza Boulevard, and more efficient traffic signal timing will be needed to address the additional traffic. The fee was based on a fair-share contribution of the estimated total cost to install the traffic-adaptive technology. The need for traffic-adaptive technology, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete the traffic-adaptive technology upgrades will be provided through fair-share contributions from other developers that impact the corridor. 4. The approximate dates on which the funding for the traffic adaptive technology is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic- Adaptive Traffic Signal System along De Anza Blvd $250,000 $50,000 100% Fair share contributions from other developers that impact the corridor Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2020 Fall/2020 Winter/2021 294 Attachment A Page | 30 Annual Report Amount of Fee: Contribution equivalent to 1/5 of the estimated cost of implementation FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $ 50,000 Amount $ - Fees Collected $50,000 $ 50,000 Repayment Date (est.) na Interest $29 $29 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $ 50,029 $50,029 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $ 50,029 Amount $ - Fees Collected 0 $ 50,000 Repayment Date (est.) na Interest $194 $223 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $ 50,223 $50,223 295 Attachment A Page | 31 Dept.: Public Works Project: Interstate 280/Junipero Serra Channel Trail Improvements Local Authority: TM-2011-03: Mitigation PLAN-3 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Interstate 280/Junipero Serra Channel Trail Improvements fee is to partially fund a feasibility study for a new trail along I-280/Junipero Serra Channel from N. De Anza Blvd to Calabazas Creek. Public facilities to be funded with the fees were described in: a. Apple Campus 2: TM-2011-03: Mitigation PLAN-3, dated 10/15/2013 for Tentative Map application ($250,000 collected) 2. A reasonable relationship exists between the I-280/Junipero Serra Channel Trail Improvements fee, and the purpose for which the fee was charged, in that the development in the vicinity of the proposed trail will introduce additional pedestrian and bicycle traffic between the new campus and the existing campus, causing the need to provide additional and alternative routes between the developments. The need for a new trail study, as it was identified during the review of the project, remains, as the study has not yet completed. 3. The sources and amounts of funding anticipated to complete financing of the study are identified below:  Developer Fair-Share Contributions from other projects in the vicinity of the proposed trail location. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified below: Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Interstate 280/Junipero Serra Channel Trail Improvements $500,000 $250,000 100% Additional Developer Contributions are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2018 Fall/2018 Winter/2019 296 Attachment A Page | 32 Annual Report Amount of Fee: Contribution equivalent to 1/2 of the estimated cost of implementation FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $250,000 Amount $ - Fees Collected $250,000 $ 250,000 Repayment Date (est.) na Interest $144 $144 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $250,144 $250,144 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $250,144 Amount $ - Fees Collected 0 $ 250,000 Repayment Date (est.) na Interest $969 $1,113 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $251,113 $251,113 297 Attachment A Page | 33 Dept.: Public Works Project: Contribution towards Planned Transportation Project Local Authority: TM-2011-03: Mitigation TRANS-22 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Planned Transportation Project fair-share contribution is to fund planned transportation project that would improve traffic operation of the impacted freeway segments and provide added transportation capacity on other freeway facilities. Public facilities to be funded with the fees were described in: a. Apple Campus 2: TM-2011-03: Mitigation TRANS-22, dated 10/15/2013 for Tentative Map application ($1,292,215 collected) 2. A reasonable relationship exists between the Planned Transportation Project fair-share contribution and the purpose for which the fee was charged, in that development will introduce additional traffic to freeways in the surrounding areas. Valley Transit Authority has established guidelines for estimating fair-share contributions for these types of impacts, and the established fee for this project conforms to those guidelines. The need remains for improvements to the surrounding freeways, as they were identified during the review of the project. The needed improvements have not yet been completed. Below is a list of the Planned Transportation Projects:  Eliminating the existing bottleneck on southbound I-280 between El Monte Road and Magdelena Avenue.  SR 85 Express Lane project (converting the existing HOV lane to a toll lane to allow single occupant vehicles to drive in the HOV lane for a fee) between Mountain View and San Jose.  Either the Bus Rapid Transit (BRT) stations proposed within Cupertino, or an alternative improvement or study towards the improvement of the impacted I-280 corridor or a parallel corridor that would provide capacity. 3. The sources and amounts of funding anticipated to complete financing of the necessary improvements will be identified by Valley Transportation Authority. 4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below: 298 Attachment A Page | 34 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2015 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Planned Transportation Project fair- share contribution Unknown $1,292,215 100% To be identified by VTA When adequate funds have been acquired by the VTA to begin the project. Anticipated Summer/ 2018 Fall/2018 Fall/2019 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report FY2013-14 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2013 $1,292,215 Amount $ - Fees Collected $1,292,215 $1,292,215 Repayment Date (est.) na Interest $747 $747 Expended 0 0 Refunded 0 0 Balance at 6/30/2014 $1,292,962 $1,292,962 FY2014-15 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2014 $1,292,962 Amount $ - Fees Collected 0 $1,292,215 Repayment Date (est.) na Interest $5,010 $5,757 Expended 0 0 Refunded 0 0 Balance at 6/30/2015 $1,297,972 $1,297,972 299 - 1 - CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 16-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FIVE YEAR AND ANNUAL DEVELOPMENT IMPACT FEE REPORTS AND MAKING REQUIRED FINDINGS WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et seq.) requires that an annual report regarding development impact fees be submitted to the City Council at a regularly scheduled public meeting; and WHEREAS, Government Code Section 66001(d) further provides that the City must, on a five- year basis, make certain findings with respect to unexpended development impact fees; and WHEREAS, the attached report entitled City of Cupertino - AB 1600 ‐ Mitigation Fee Act Annual & Five Year Report for the fiscal year ended June 30, 2015 (the “Annual and Five-Year Report”) comprises the annual and five-year reports required by the Mitigation Fee Act and contains substantial evidence to make the findings required by Section 66001(d); and NOW, THEREFORE, BE IT RESOLVED: 1. The foregoing recitals are true and correct and incorporated into this resolution by this reference. 2. The City Council hereby approves the Annual and Five-Year Report, which contains the annual and five-year reports required by the Mitigation Fee Act. 3. The City Council hereby adopts the findings required by Government Code 66001(d) as stated in the Five-Year Reporting and Findings Requirement section of the Annual and Five- Year Report, which demonstrates that, for each account or fund: a. The purpose of each fund is described in the Annual and Five-Year Report. b. A reasonable relationship exists between the fee charged to development projects and the purpose for which it is charged, based on the substantial evidence contained in the Annual and Five-Year Report. 300 - 2 - c. For each fund, the Annual and Five-Year Report identifies all sources and amounts of funding anticipated to complete the financing of incomplete improvements. d. For each fund, the Annual and Five-Year Report designates the approximate date on which the funding needed is expected to be deposited into the fund. PASSED AND ADOPTED this 15th day of March 2016, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Grace Schmidt Barry Chang City Clerk Mayor, City of Cupertino 301 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1515 Name: Status:Type:Public Hearings Agenda Ready File created:In control:2/18/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Approval of the Fiscal Year 2016-17 Fee Schedule (continued from March 1) will be continued to April 5 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject: Approval of the Fiscal Year 2016-17 Fee Schedule (continued from March 1) will be continued to April 5 Under Postponements this item will be continued to April 5 CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™302 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1305 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:1/5/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance as directed by Governor Brown's Executive Order B-29-15; Application No.(s):MCA-2015-02; Applicant(s): City of Cupertino; Location: citywide Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Ordinance No 16-2124 B - Redline Chapter 14.15, Landscape Ordinance C - 2015 State MWELO D - Redline 2015 State MWELO Action ByDate Action ResultVer. City Council3/15/20161 Subject:MunicipalCodeAmendmenttorepealChapter14.15oftheCupertinoMunicipal Codeentitled"LandscapingOrdinance"andreplaceitwithanewChapter14.15entitled "LandscapeOrdinance"inordertoimprovereadabilityandtocomplywithstate-mandated updatestotheModelWater-EfficientLandscapeOrdinanceasdirectedbyGovernorBrown's ExecutiveOrderB-29-15;ApplicationNo.(s):MCA-2015-02;Applicant(s):CityofCupertino; Location: citywide ConductthefirstreadingofOrdinanceNo.16-2142:"AnOrdinanceoftheCityCouncilofthe CityofCupertinotorepealChapter14.15oftheCupertinoMunicipalCodeentitled "LandscapingOrdinance"andreplaceitwithanewChapter14.15entitled"Landscape Ordinance"inordertoimprovereadabilityandtocomplywithstate-mandatedupdatestothe Model Water-Efficient Landscape Ordinance” CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™303 DEPARTMENT OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CITY COUNCIL STAFF REPORT Meeting: March 15, 2016 Subject Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino Municipal Code entitled “Landscaping Ordinance” and replace it with a new Chapter 14.15 entitled “Landscape Ordinance” in order to improve readability and to comply with state - mandated updates to the Model Water-Efficient Landscape Ordinance as directed by Governor Brown’s Executive Order B-29-15; (Application No. MCA-2015-02; Applicant: City of Cupertino; Location: City-wide) Recommended Action Conduct the first reading of Ordinance No. 16-2124 “An Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of the Cupertino Municipal Code entitled “Landscaping Ordinance” and replace it with a new Chapter 14.15 entitled “Landscape Ordinance” in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance” (Attachment A). Discussion Background The existing Chapter 14.15, Landscaping Ordinance, adopted in 2010, is a result of Assembly Bill 1881 (AB 1881 - California Water Conservation in Landscaping Act) which required local agencies to update and revise existing ordinances at the time to adopt more stringent regulations on outdoor landscaping water usage. Two Bay Area water wholesalers, Santa Clara Valley Water District (SCVWD) and Bay Area Water Supply and Conservation Agency (BAWSCA) produced model regional ordinances in 2009/2010 to help its member cities comply with AB 1881. The City adopted a locally-modified version of the regional SCVWD model ordinance, which was very similar to the BAWSCA regional ordinance. On April 1, 2015, Governor Brown authorized Executive Order B-29-15 to declare a Continued State of Emergency due to the sustained severe drought conditions across 304 California. Among other actions, the Executive Order directed the State’s Department of Water Resources (CA DWR) to lead a state-wide initiative to replace 50 million square feet of lawns and ornamental turf with drought tolerant landscaping and to update the 2009 State Model Water Efficient Landscape Ordinance (MWELO) to address landscape water usage. CA DWR recommended the following key modifications to the 2009 MWELO in developing the 2015 MWELO:  Lower thresholds to increase applicability of the ordinance to more development projects;  Allow small projects the ability to utilize a prescriptive compliance option;  Modify water budget calculations and formulas;  Restrict the amount of landscape dedicated to turf and high-water use plants;  Improve on-site stormwater capture;  Improve efficiency standards for irrigation systems;  Provide incentives for graywater usage and on-site rainwater capture; and  Require local agencies to report annually on the implementation and enforcement of local water efficient landscape ordinances. The California Water Commission adopted the revised MWELO on July, 15, 2015 and required local agencies to comply with the revised standards by December 1, 2015. The regulations also specified that, if a jurisdiction did not adopt a local or regional ordinance determined to be as effective as the State’s MWELO prior to December 1, 2015, the State’s MWELO would become effective by default. Since the SCVWD, the water wholesaler in the Santa Clara Valley, decided not to coordinate development of a regional ordinance (unlike for the 2010 update of the MWELO) and BAWSCA’s draft regional ordinance was not available until December 1, 2015, the State’s MWELO became effective in the City by default on that day. Upon review of the 2015 State’s MWELO and BAWSCA’s draft regional ordinance, staff recommends integrating the State’s updates into the City’s existing local ordinance to achieve the goals of the state-mandated updates and minimize any confusion in implementing the regulations for staff and applicants. Analysis The changes to the ordinance can be divided into two categories: 1. State-Mandated Changes – these are changes that have been made to the 2015 MWELO to address increased water efficiency requirements; and 305 2. Clarifications – these are changes recommended to the City’s ordinance (derived from the 2015 MWELO) for ease of readability and implementation. 1. State-Mandated Changes Thresholds Previously, the threshold for applicability of the ordinance requirements was 2,500 square feet for a development project that required a building permit or a planning permit. However, with the City’s ordinance, since virtually all non-residential and multi-family development were required to comply with the requirements of the ordinance, new residential projects with a landscape area below 2,500 square feet were exempt from the requirements of the ordinance The 2015 MWELO requirements lowered the threshold to 500 square feet. This revision intends to capture more development projects and subject them to requirements of the Landscape Ordinance. Since the threshold has been mandated by State law, this change has been made to the City’s ordinance. Residential projects with landscapes less than 500 square feet will continue to be exempt from the requirements. However, non-residential projects with landscapes less than 500 square feet will continue to be required to, at a minimum, meet the prescriptive requirements of the ordinance. No other changes to the applicability thresholds are proposed. Prescriptive Compliance Option In order to reduce costs and the burden of completing a landscape documentation package for smaller projects, the City’s 2010 Landscaping Ordinance allowed applicants with landscapes 2,500 square feet or less, subject to the ordinance, the option of either preparing a water budget or complying with prescriptive requirements which were deemed adequate to meet the water efficiency requirements of the 2009 MWELO. This option was not available in the 2009 MWELO. With the 2015 MWELO update, the State has provided a new option which allows applicants with projects that have 2,500 square feet or less in landscape areas to meet prescriptive compliance requirements, similar to the City’s prescriptive requirements. The majority of the prescriptive requirements established in the City’s ordinance are the same as in the 2015 MWELO Prescriptive Compliance Option. Where there are differences between the 2015 State-mandated requirements and the City’s existing requirements, updates have been made to the City’s prescriptive requirements. 306 Water Budget Formulas and Turf and High-Water Use Plants The maximum amount of water that may be applied to a landscape has been lowered from 70% of reference evapotranspiration (ETo) to 55% for residential landscape projects and to 45% of ETo for non-residential projects in the 2015 MWELO. This change was made in order to reduce the planting of high-water use plant material in the landscape area. Conforming changes have been made to the City’s ordinance. Irrigation Plan In order to increase water conservation, irrigation systems standards were updated in the 2015 MWELO to address technological advances in irrigation emission and supporting devices. Conforming changes have been made to the City’s ordinance. These changes include requirements for:  An increase in the irrigation efficiency values from a site-wide irrigation efficiency of 0.71 to specifically 0.81 for drip systems and 0.75 for overhead systems and other technologies;  Dedicated landscape water meters and submeters for residential projects with landscapes area over 5,000 square feet and non-residential landscapes over 1,000 square feet;  Flow sensors for landscape areas greater than 5,000 square feet to indicate high water flow due to broken pipes and/or popped sprinkler heads;  Pressure regulators and master shut-off valves for all irrigation systems; and  The minimum width of areas that can be irrigated with overhead sprinklers changed from 8 feet to 10 feet (areas less than 10 feet wide must be irrigated with subsurface drip or other technology that produces no over spray or runoff). Rainwater Capture and Graywater Usage The revised MWELO includes requirements to improve rainwater capture and incentivize rainwater capture/graywater usage as follows:  Requirements: o Identification of any graywater or storm water retention design elements on the landscape plan; and o Compacted soils must be returned to a friable, non-compacted, condition with four cubic yards of compost applied to every 1,000 square feet at a depth of six inches in the soil prior to planting to allow rainwater infiltration.  Incentives: o Allow projects with landscape areas less than 2,500 square feet that are irrigated entirely with captured on-site rainwater or graywater to utilize the Prescriptive Compliance Option in lieu of a full landscape documentation package. Conforming changes have been made to the City’s ordinance. 307 Annual local agency reporting requirements The 2015 MWELO includes annual reporting requirements. The City ordinance has been updated to ensure compliance and references reporting requirements as listed in California Code of Regulations Title 23, Division 2, Chapter 2.7, Section 495. 2. Clarifications Definitions Certain definitions have been updated since these were not clear in the City’s 2010 ordinance. Where possible, the definitions used in the 2015 MWELO have been used. Text Relocation In this update of the ordinance Section 14.15.080 - Landscape Installation Report was relocated as Section 14.15.130 and renamed – Landscape and Irrigation Installation Report. Additionally, Section 14.15.080 (C) was relocated to become a separate section and is listed as Section 14.15.140 – Landscape Maintenance Agreement. In a few other cases, text was reordered within the paragraph to read better (Section 14.15.060 (E) and 14.15.020 (2)). Submittal Requirements The required documentation and submission timelines for projects subject to the ordinance were not clear in the City’s 2010 ordinance. Therefore, in order to capture the new thresholds which require varying submission requirements at different phases of the project, the updated ordinance specifically lists and clarifies the procedures for the full Landscape Documentation Package and the Prescriptive Compliance Option. Worksheets In alignment with the State’s update, worksheets, checklists, and forms have been incorporated into the ordinance, which will better guide applicants and allow ease of implementation of the requirements. Noticing and Public Outreach The following noticing has been conducted for this application as required by the City’s Municipal Code and State Law: Agenda  Posted on the City's official notice bulletin board (at least five days prior to the hearing)  Posted on the City of Cupertino’s Web site (at least five days prior to the hearing) 308 Additional noticing has been conducted in the form of notices and updates to all media avenues available to the City including Twitter, City website, City Channel, and Cupertino Scene. In collaboration with the Environmental Resources and Sustainability Department, a community meeting was held on February 1, 2015 at the Cupertino Community Hall that resulted in the following recommendations from residents for complementary City initiatives that would make the transition easier for applicants. Staff’s comments , where applicable, are in italics. 1. Ensure that there are communal places for human and animal recreation This ordinance does not preclude recreational areas from being developed. Landscapes dedicated to edible gardens, recreational areas, and areas irrigated with recycled water and water features utilizing recycled water are considered Special Landscape Areas which are incorporated in appropriate MAWA and ETWU calculations. 2. Consider supplying templates for simple “plug & play” landscape designs compliant with Landscape Ordinance While this is a possibility should the Council wish to consider this as an option, others at the community meeting were concerned about the lack of diversity in landscapes if only a few options are planted all across front yards. 3. Provide residents with usage data to target outreach and neighborhood competitions While required local reporting and the implementation of a new permitting and tracking system will allow City staff to better record and analyze data associated with the new WELO updates, since water usage is a metric measured by water service providers, this is not data that the City can provide. 4. Increase public outreach to inform property owners on plant and irrigation maintenance, educational field trips to water purification plant in Sunnyvale, Environmental Education Center, and provide forum for FAQs and garden ideas on City website The City’s website, www.cupertino.org/savewater provides links to water conservation and landscaping resources online, and information about different hosted events across the City related to drought-tolerant landscaping, graywater systems, and other similar workshops and seminars. 5. Concerns regarding the lowering of the applicability thresholds. The changes to the applicability thresholds are state-mandated and the City has to comply with these requirements. 309 No other public comments have been received on this subject as of March 7, 2016. CEQA This ordinance is categorically exempt from CEQA pursuant to Section 15308, Actions by Regulatory Agencies for Protection of the Environment. This categorical exemption allows regulatory agencies (such as cities) to take actions, as authorized by state or local ordinance, to assure among other things, enhancement, and protection of the environment. In addition, this ordinance is categorically exempt from CEQA pursuant to Section 15061 (b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Sustainability Impact The State DWR anticipates a decrease in high-water use landscapes and ornamental turf due to the restrictions imposed on new development projects that are aimed at reducing high-water use plant materials. There may be more interest in sustainable practices within landscaping and other facets of water conservation due to the implementation of and accessibility to City-sponsored educational events related to the new regulations. However, due to increased regulations on landscaping there may be an increase in hardscape area in landscapes for development projects aiming to fall below either the 500 square foot threshold to avoid WELO compliance or the 2,500 square foot threshold to utilize the prescriptive option of WELO. Fiscal Impact There are no fiscal impacts to the City’s General Fund. There are currently no fiscal incentives to applicants for implementation of the regulations and there are no fees charged to applicants to ensure project compliance. At this time, no new fees are proposed for applicants to comply with the Landscape Ordinance requirements. However, it should be noted that, since more projects may be subject to the regulations, additional staff time may be necessary to ensure compliance and to track, compile, and report to CA DWR annually. _________________ Prepared by: Ellen Yau, Assistant Planner Reviewed by: Piu Ghosh, Principal Planner Aarti Shrivastava, Assistant City Manager Approved for Submission by: David Brandt, City Manager Attachments: A. Ordinance No. 16-2124 310 B. Chapter 14.15, Landscape Ordinance, with redlines C. California DWR Model Water Efficient Landscaping Ordinance D. California DWR Model Water Efficient Landscaping Ordinance, with redlines 311 DRAFT ORDINANCE NO. 16-2124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO REPEAL CHAPTER 14.15 OF THE CUPERTINO MUNICIPAL CODE ENTITLED “LANDSCAPING ORDINANCE” AND REPLACE IT WITH A NEW CHAPTER 14.15 ENTITLED “LANDSCAPE ORDINANCE” IN ORDER TO IMPROVE READABILITY AND TO COMPLY WITH STATE-MANDATED UPDATES TO THE MODEL WATER-EFFICIENT LANDSCAPE ORDINANCE. WHEREAS, this Ordinance is determined to be categorically exempt from the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) in that it is action taken by a regulatory agency , as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment (Section 15308) or is exempt under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment; and WHEREAS, the City Council is the decision-making body for this Ordinance; and WHEREAS, the City Council before taking action on this Ordinance has reviewed the exemptions, and using its independent judgment, determines the Ordinance to be exempt from CEQA as stated above; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Statement of Purpose. This ordinance establishes new water-efficient landscaping and irrigation requirements as State-mandated. Section 2. Code Amendment. Chapter 14.15 of Title 14 of the Cupertino Municipal Code entitled “Landscaping Ordinance” is repealed in its entirety and replaced with Chapter 14.15 entitled “Landscape Ordinance” of the Cupertino Municipal Code to be numbered and entitled to read as shown in Attachment A. Section 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this 312 Page 2 of 30 Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of ___________ 2016 and ENACTED at a regular meeting of the Cupertino City Council on this ____ of __________ 2016 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ___________________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 313 Page 3 of 30 ATTACHMENT “A” Chapter 14.15 LANDSCAPE ORDINANCE Section 14.15.010. Intent. 14.15.020. Applicability. 14.15.030. Definitions. 14.15.040. Prescriptive Compliance Option. 14.15.050. Landscape Documentation Package. 14.15.060. Water-Efficient Design Elements. 14.15.070. Water Budget Calculation. 14.15.080. Soil Analysis. 14.15.090. Recycled Water. 14.15.100. Graywater Systems. 14.15.110. Irrigation Schedule. 14.15.120. Landscape and Irrigation Maintenance Schedule. 14.15.130. Landscape and Irrigation Installation Report. 14.15.140. Landscape Maintenance Agreement. 14.15.150. Audit of Existing Landscapes Larger Than One Acre. 14.15.160. Public Education. 14.15.170. Local Agency Reporting 14.15.180. Penalties. 314 Page 4 of 30 14.15.010. Intent. The intent of this chapter is to reduce water waste in landscaping by promoting the use of region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency. 14.15.020. Applicability. A. The provisions of this chapter shall apply to: 1. Projects that require a building permit, or planning permit, or grading permit, as identified in Table 14.15.020. Table 14.15.020 Type of Project Total Landscape Area Requirement Building Permits New home in R1, RHS, A1 or R2 Zones < 500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Planning Permit or Grading Permit New home in R1, RHS, A1 or R2 Zones < 500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Commercial, industrial, office, multi-family residential, public and institutional projects ≤ 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Any landscape installation or rehabilitation project ≤ 2,500 s.f. Prescriptive Compliance Application (Appendix A) - Required >2,500 s.f. Landscape Documentation Package (Sec. 315 Page 5 of 30 14.15.050) New and rehabilitated cemeteries > 0 s.f. Water Budget Worksheet (Appendix B) Landscape and Irrigation Maintenance Schedule (Sec. 14.15.120) Landscape Installation Report (Sec. 14.15.130) Existing and established landscapes, including cemeteries > 1 acre Water Budget Worksheet (Appendix B) Audit of Established Landscapes (Sec. 14.15.150) 2. The City may require a Landscape Documentation Package and/or other documents deemed necessary for any project, regardless of total landscape area, that is determined to have an impact due to a unique geographical or environmentally sensitive location, including but not limited to, projects proposed on slopes greater than 30%, in geo-hazard areas near riparian corridors, creeks and or/waterways. B. The provisions of this chapter shall not apply to: 1. New or rehabilitated landscapes that do not require a building permit or planning permit; 2. New residential landscapes that require a building or planning permit with areas less than five hundred square feet; 3. Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by the City Council; 4. Surface mine reclamation projects that do not require a permanent irrigation system; 5. Ecological restoration projects that do not require a permanent irrigation system; 6. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public; or 7. Any commercial cultivation of agricultural products; including, but not limited to products of farms, orchards, production nurseries and forests. 14.15.030. Definitions. For the purposes of this chapter, the following definitions apply, unless it is apparent from the context that a different meaning is intended. Applied water: The portion of water supplied by the irrigation system to the landscape. Automatic irrigation controller: A timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust 316 Page 6 of 30 and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. Backflow prevention device: A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. Certificate of Completion: The document required as part of the Landscape Documentation Package, Prescriptive Compliance Option, and listed as Appendix C. Certified irrigation designer: A person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program. Certified landscape irrigation auditor: A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program. Certified professional: A certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget. Compost: The safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. Conversion factor: The number (0.62) that converts acre-inches per acre per year to gallons per square foot per year. Distribution uniformity: The measure of the uniformity of irrigation water a defined area. Ecological restoration project: A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Effective precipitation (Eppt) or usable rainfall: The portion of total precipitation which becomes available for plant growth. Established landscape: The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. Establishment period of plants: The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. 317 Page 7 of 30 Estimated Total Water Use (ETWU): The total water used for the landscape as described in Appendix B. Evapotranspiration adjustment factor (ETAF): A factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. Evapotranspiration rate: The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. Flow sensor: An inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valces. This combination flow sensor/controller may also function as a landscape water meter or submter. Friable: A soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. Fuel Modification Plan Guideline: The guidelines from a local fire authority to assist residents and businesses that are developeing land or building structures in a fire hazard severity zone. Graywater: A untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes,and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wasterwater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Refer to Health and Safety Code Section 17922.12. Hardscape: Any constructed feature in a landscape built of concrete, stone, wood, or other such non-pervious or pervious durable material, including, but not limited to, patios, walkways, and retaining walls. High water use plant: A plant species whose demonstrated water needs are incompatible with local climate and soil conditions such that regular supplemental irrigation is required. Species classified “high water use” by “Water Use Classification of Landscape Species” (WUCOLS), having a regionally adjusted plant factor of 0.7 through 1.0, shall be considered high water use plants. High water use plants are prohibited in street medians. Hydrozone: A portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. 318 Page 8 of 30 Invasive plant species: Species of plants, listed in the invasive plant inventory of the California Invasive Plant Council (IPC) and the USDA invasive and noxious weeds database, that have been identified as invasive to areas within the IPC-delineated Central West (CW) region. Irrigation audit: An in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program. Irrigation efficiency (IE): The measurement of the amount of water beneficially used divided by the amount of water applied. The irrigation efficiency for purposes of this Chapter is 75% for overhead spray devices and 81% for drip systems. Irrigation survey: An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. Landscape architect: A person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code Section 5615. Landscape area: All the planting areas, turf areas, and water features in a landscape installation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing wildland or native vegetation). Landscape contractor: A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Landscape project: An undertaking of landscape design and installation on a particular area of land. A landscape project may be associated with an individual lot, a building project, or a multi-phased development. It may also be a larger, comprehensive landscape scheme that is not coupled with an individual building project. Landscape Documentation Package: The documents required under Section 14.15.050. Landscape water meter: An inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer 319 Page 9 of 30 to record water use. A landscape water meter may either be a customer service meter dedicated to landscape use provided by the local water purveyor or a privately owned meter or submeter. Lateral line: The water delivery pipeline that supplies water to the emitters or sprinklers from the valve. Low water use plant: A plant species whose demonstrated water needs are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. Species classified as “very low water use” and “low water use” by “Water Use Classification of Landscape Species” (WUCOLS), having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. Low-volume irrigation: The application of irrigation water through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines and bubblers specifically designed to apply small volumes of water slowly at or near the root zone of plants. Certain rotary emitters designed to provide highly efficient water distribution may also be included in this definition, at the discretion of the Director of Community Development. Master shut-off valve: An automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. Maximum Applied Water Allowance (MAWA): The upper limit of annual applied water for the established landscaped area calculated using the formula specified in Appendix B. Mined-land reclamation projects: Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. Mulch: Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. Native plant: A plant indigenous to a specific area of consideration. For the purpose of this Chapter, the term refers to plants indigenous to the coastal ranges of central and northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community in the project’s vicinity. New construction: A new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building, for the purpose of this ordinance. 320 Page 10 of 30 Non-residential landscape: Landscapes in commercial, institutional, industrial or public settings that may have areas designated for recreation or public safety assembly. It also includes portions of common areas of common interest developments with designated recreational areas. Operating pressure: The pressure at which the parts of an irrigation system are designed by the manufacturer to operate. Overhead sprinkler irrigation system or overhead spray irrigation system: A system that delivers water through the air (e.g., spray heads and rotors). Overspray: Irrigation water that is delivered beyond the target area. Planning Permit: Any permit as defined in Cupertino Municipal Code, Chapter 19.08, for the purpose of this ordinance. Plant factor: A number, which, when multiplied by reference evapotranspiration (ETo), estimates the amount of water needed by plants. The plant factor ranges from 0.0 to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. Plant factors are based on the “Water Use Classification of Landscape Species” (WUCOLS) publication. Plant factors may also be obtained from horticultural researchers from academic insitutions or professional associations as approved by the California Department of Water Resources (DWR). Rain sensor or rain sensing shutoff device: A component that automatically suspends an irrigation event when it rains. Recycled water: Treated wastewater, including reclaimed water or treated sewage effluent water of a quality suitable for non-potable uses including landscape irrigation and water features. Reference evapotranspiration (ETo): A standard measurement of environmental parameters that affect the water use of plants. Rehabilitated landscape: Any re-landscaping project that requires an architectural and site approval, design review, grading permit, use permit, or a discretionary permit of any sort, or requires a new or expanded water service application. Runoff: Water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. Soil moisture sensor: A device that measures the amount of water in the soil. The device may also initiate or suspend irrigation. Special landscape area (SLA): An area of the landscape dedicated solely to edible plants, recreation areas, areas irrigated with recycled water, or water features using recycled water. Sprinkler head or spray head: A device that delivers water through a nozzle. 321 Page 11 of 30 Station: An area served by one valve or by a set of valves that operate simultaneously. Submeter: A metering device to measure water applied to the landscape that is installed after the primary utility water meter. Turf: A ground cover surface consisting of non-native grass species that is customarily mowed. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are examples of cool-season turf grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm- season turf grasses. Valve: A device used to control the flow of water in the irrigation system. Water feature: A landscape design element where open water performs an aesthetic or recreational function. Water features include ponds, fountains, lakes, waterfalls, artificial streams and any design elements where water is supplied artificially. Spas and swimming pools that are ancillary to single-family, two-family and multi-family residential uses also are considered water features. Wet surface area: The surface area of that portion of a water feature that functions to contain water, such as the water surface of a swimming pool, spa, or garden pond. For a fountain or other feature with flowing water, wet surface area shall be measured as a two dimensional plane bounded by the perimeter of the area where water has been designed to flow. Wildland urban interface: A geographic area identified by Chapter 16.74 of this Code to be at a significant risk from wildfires. WUCOLS: The publication “Water Use Classification of Landscape Species” published by the University of California Cooperative Extension, and the Department of Water Resources 2014. 14.15.040. Prescriptive Compliance Option. Unless otherwise specified, the following prescriptive requirements shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of the prescriptive compliance option, prior to final permit issuance. A. Water-Efficient Landscape Checklist (Appendix A) B. Landscape Design Plans (Appendix D) completed by a certified professional C. Irrigation Plan (Appendix D) completed by a certified professional The following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of the prescriptive compliance option, prior to final inspection D. Certificate of Completion and Certificate of Installation, following installation of landscaping materials and irrigation hardware (Appendix C) 322 Page 12 of 30 E. Irrigation Schedule (Section 14.15. 110) F. Landscape and Irrigation Maintenance Schedule (Section 14.15.110) G. Landscape Maintenance Agreement (Section 14.15.110) 14.15.050. Landscape Documentation Package. Unless otherwise specified, the following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of this chapter, prior to final permit issuance. A. Water-Efficient Landscape Checklist (Appendix A) B. Water Budget Calculations (Appendix B) completed by a certified landscape professional C. Landscape, Irrigation, and Grading Design Plans (Appendix D) completed by a certified professional D. Soil Management Report (Section 14.15.080), if necessary The following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of this chapter, prior to final inspection E. Certificate of Completion and Certificate of Installation, following installation of landscaping materials and irrigation hardware (Appendix C) F. Irrigation Schedule (Section 14.15. 110) G. Landscape and Irrigation Maintenance Schedule (Section 14.15.110) H. Landscape and Irrigation Installation Report (Section 14.15.110) I. Landscape Maintenance Agreement (Section 14.15.110) 14.15.060. Water-Efficient Design Elements. Projects set forth in Section 14.15.020 requiring a Landscape Documentation Package shall comply with all applicable criteria of this section. A. Plant Material: All plant material shall be chosen and arranged per requirements in Table 14.15.060(A). Table 14.15.060(A) 1 Turf Restrictions a. Total turf area shall not exceed 25% of the landscape area, or 1,250 square feet, whichever is lesser in area. b. Turf shall not be planted on slopes greater than 25%. c. Turf areas shall not be less than ten (10) feet wide. 323 Page 13 of 30 2 Non-turf Restrictions a. At least 80% of the plants within non-turf areas shall be native or low water-use. b. Plants shall be arranged appropriately based upon the site’s climate, slopes, sun exposure, soil characteristics, wildfire susceptibility and other site conditions appropriate for the selected plants. c. The horticultural attributes of plant species (e.g., mature plant size, invasive roots, and structural attributes) shall be considered, in order to minimize the potential for damage to property or infrastructure (e.g., buildings, septic systems, sidewalks, power lines). d. Fire-prone plant materials and highly flammable mulches are strongly discouraged. In areas designated wildland urban interface by Chapter 16.74 of this Code, plants shall be selected, arranged and maintained to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291. e. Invasive plant species/noxious weeds: i. Installation shall be prohibited. ii. Existing within or adjacent to the proposed landscape area shall be removed prior to installation of new landscaping. 3 The architectural guidelines, conditions, covenants or restrictions of a common interest development shall not supersede this chapter by either prohibiting low water use plants, or including conditions that have the effect of restricting the use of low water use plants. B. Hydrozones: 1. Plant materials of similar water use shall be grouped in hydrozones. 2. Mixed plant materials & hydrozoning: If plant materials of differing water uses are mixed, for purposes of preparing a water budget use Table 14.15.060(B). Table 14.15.060 (B) Mixed plant materials Requirements Low and moderate water use plants Allowed. All plants classified as moderate water use for MAWA calculations. High water use plants with low and moderate water use plants Not allowed in any hydrozone. 324 Page 14 of 30 C. Irrigation System: The irrigation system proposed for any project shall meet the requirements outlined in Table 14.15.060 (C) Table 14.15.060 (C) Category Requirements Irrigation System Shall meet all requirements per manufacturer's specifications and this table. Design Irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. Dedicated Landscape Water Meter Required for: a) All non-residential irrigated landscapes of 1,000 s.f. – 5,000 s.f. b) All residential irrigated landscapes equal ≥ 5,000 s.f. Automatic Irrigation Controllers Required for irrigation scheduling, utilizing evapotranspiration or soil moisture sensor data utilizing non-volatile memory Pressure regulator A pressure regulating device is required if the water pressure is below or exceeds the recommended pressure of the specified irrigation devices. Sensors a) Integral or auxiliary, required to suspend or alter irrigation operation during unfavorable weather conditions. b) Flow sensors that detect high flow conditions due to system damage or malfunction are required: for all non-residential landscapes and residential landscapes ≥ 5,000 s.f. Separate Valve Required for each hydrozone. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf. Water Waste Irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions. Type of Irrigation hardware Sprinkler heads shall be selected based on a distribution uniformity low quarter of 0.65 or higher using the protocol defined in American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802- 2014 “Landscaped Irrigation Sprinkler and Emitter Standard. 325 Page 15 of 30 Low-volume Irrigation Required in mulched areas Required in areas with slope > 25% Required within 24 inches of a non-permeable surface Required in any narrow or irregularly shaped areas that are less than ten (10) feet in width in any direction. Average Irrigation Efficiency Systems shall be designed, maintained and managed to meet or exceed average landscape Irrigation efficiency of 70%. Irrigation Times Limited to between 8:00 p.m. and 10:00 a.m., unless unfavorable weather prevents it or renders irrigation unnecessary. Irrigation outside the normal designated window is allowed for auditing and system maintenance only. D. Soil Preparation: The proposed project shall incorporate soil preparation to meet the requirements outlined in Table 14.15.060 (D) Table 14.15.060(D) Type of soil amendment/conditioning Requirements Topsoil Minimum eight (8) inches, non-compacted topsoil shall be available for water absorption and root growth in planted areas. Minimum may be waived where a landscaped professional determines that practical limitations (e.g., slope and other geotechnical factors), necessitate a lesser soil depth that is viable for the chosen plant materials Compacted soils Compacted soils shall be transformed to a friable condition prior to the planting of any materials. On engineered slopes, only amended planting holes need to meet this requirement. Compost Compost needs to be applied at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. Other amendments Compost, fertilizer or other materials, shall be added 326 Page 16 of 30 according to the soil conditions at the project site and based on what is appropriate for the chosen plant materials. Mulch Minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas. Organic mulch materials made from recycled or post- consumer shall take precedence over inorganic materials or virgin forest products Not needed in areas of direct seeding application (e.g. hydro-seed) Stabilizing mulching products Required for use on slopes. E. Water Features: 1. Recirculating water systems shall be used for all water features. 2. All pools and spas shall have covers. 3. Water features are limited to 10% of the landscaped area unless a water budget is prepared. 4. If water budget is prepared or required, use Table 14.15.050(E) for MAWA calculations. Table 14.15.060(E) % of landscape area Water usage for MAWA calculation Water features (including pools and spas) ≤ 10% Medium Water features (including pools and spas) > 10% High 14.15.070. Water Budget Calculation. Project applicant may elect to submit a water budget calculation for the landscape project. A water budget must be completed by a certified professional who is authorized by the State of California to complete a water budget. Water budget calculations shall adhere to the following requirements: A. All special landscape areas shall be identified and their water use included in the water budget calculations (Appendix B). B. All other factors are as defined in Sections 14.15.030,14.15.070, and Appendix B. 327 Page 17 of 30 C. Maximum applied water allowance shall be calculated for each project using the formulae outlined in Table 14.15.070: MAWA Calculation. Table 14.15.070: MAWA Calculation 1. For existing non-rehabilitated landscapes > 1 acre that have dedicated irrigation meters MAWA= (ETo) (0.62) (LA) (0.8) 2. For all new and rehabilitated landscapes MAWA = (ETo) (0.62) [(ETAF x LA) + ((1- ETAF)x SLA)] Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (acre-inches to gallons) LA = Landscape Area (square feet) 0.55 = Reference Evapotranspiration Adjustment Factor (ETAF) for residential areas 0.45 = Reference Evapotranspiration Adjustment Factor (ETAF) for non-residential areas 1-ETAF = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) D. Estimated total water use (ETWU) shall be calculated for each hydrozone using the equation below. The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA calculated using the formula above. ETWU = (ETo)(0.62)(ETAF)(Area) Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) 0.62 = Conversion Factor Area = Total Landscape Area (square feet) 14.15.080. Soil Analysis. The Director of Community Development or his/her designee shall have discretion to require soil analysis as a condition of approval for any planning permits, grading permit, or any type of discretionary permit, especially where large mass scale grading is anticipated. In projects with multiple landscape installations (i.e. production home developments) a soil sampling at a rate of 1 in 7 lots or approximately 15% will satisfy this requirement. 328 Page 18 of 30 A soil analysis report shall document the various characteristics of the soil (e.g. soil texture, infiltration rate, pH, soluble salt content, percent organic matter, etc.), and provide recommendations for amendments as appropriate to optimize the productivity and water-efficiency of the soil. The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the Director of Community Development as part of the Landscape Documentation Package. 14.15.090. Recycled Water. A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. B. All recycled water irrigations systems shall be designed and operated in accordance with all applicable local and State laws. C. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 14.15.100. Graywater Systems. A. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 14.15.020 for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. 14.15.110. Irrigation Schedule. A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: 1. Irrigation scheduling shall be regulated by automatic irrigation controllers. 2. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by 329 Page 19 of 30 automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. 4. Parameters used to set the automatic controller shall be developed and submitted for each of the following: a. the plant establishment period; b. the established landscape; and c. temporarily irrigated areas. 5. Each irrigation schedule shall consider for each station all of the following that apply: a. irrigation interval (days between irrigation); b. irrigation run times (hours or minutes per irrigation event to avoid runoff); c. number of cycle starts required for each irrigation event to avoid runoff; d. amount of applied water scheduled to be applied on a monthly basis; e. application rate setting; f. root depth setting; g. plant type setting; h. soil type; i. slope factor setting; j. shade factor setting; and k. irrigation uniformity or efficiency setting. 14.15.120. Landscape and Irrigation Maintenance Schedule. Landscapes shall be maintained to ensure successful establishment following installation, and to ensure water use efficiency consistent with this chapter. A maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the Landscape Documentation Package, with the landscape installation report, or any time before the landscape installation report is submitted. A. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. C. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. D. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall 330 Page 20 of 30 installation. Failing plants shall either be replaced, or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 14.15.130. Landscape and Irrigation Installation Report. Landscape installation audit for new or rehabilitated landscapes shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. A. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. B. The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” 14.15.140. Landscape Maintenance Agreement. A. Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a formal written landscape maintenance agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara Recorder’s Office and it shall be binding on all subsequent owners of land served by the proposed landscape. B. The landscape maintenance agreement shall require that the installed landscape not be modified and that maintenance activities not alter the level of water efficiency of the landscape from its original design, unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 14.15.150. Audit of Existing Landscapes Larger Than One Acre. The Director of Public Works may require audits to evaluate water use on existing landscapes larger than one acre (installed prior to January 1, 2010). The City shall adopt reasonable rules and regulations on the process for determining what constitutes existing landscaping larger than one acre. Such audits may also be initiated as a coordinated effort between the City and, the Santa Clara Valley Water District or the City’s water purveyors. This audit must be completed by a certified landscape irrigation auditor. 331 Page 21 of 30 Following the findings and recommendations of the certified landscape irrigation auditor, the Director of Public Works may require adjustments to irrigation usage, irrigation hardware, and/or landscape materials to reduce irrigation water use. Landscape renovation or rehabilitation resulting from an audit shall be considered a landscape project, and shall be subject to applicable Section 14.15.050 and Table 14.15.070(C)(1). 14.15.160. Public Education. A. The City may provide information, with assistance from the Santa Clara Valley Water District and its water purveyors, to all applicants regarding the design, installation, management and maintenance of water-efficient landscapes and irrigation systems. B. All model homes that are landscaped shall have signs installed that provide information on the principles of water-efficient landscaping. 14.15.170. Local Agency Reporting Local agencies responsible for administering individual ordinances shall report on their updated ordinance to the Department of Water Resources. Annual reports will be due by January 31st of each year and shall address the requirements as listed in California Code of Regulations Title 23, Division 2, Chapter 2.7, Section 495. 14.15.180. Penalties. Non-compliance with any applicable provision of this chapter shall be subject to enforcement action, as provided in Chapter 1.10 and/or Chapter 1.12 of this Code. 332 333 Page 23 of 30 APPENDIX A – WATER-EFFICIENT LANDSCAPE CHECKLIST 334 Page 24 of 30 335 Page 25 of 30 APPENDIX B – WATER BUDGET WORKSHEET 336 Page 26 of 30 337 Page 27 of 30 APPENDIX C – WELO COMPLIANCE CERTIFICATE 338 Page 28 of 30 APPENDIX D – LANDSCAPE AND IRRIGATION PLANS STANDARDS The landscape and irrigation design plan shall be prepared as follows: A. The landscape and irrigation design plans shall incorporate all applicable elements of Section 14.15.060 of Chapter 14.15 of the Cupertino Municipal Code. B. The landscape design portion shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape. C. The irrigation design portion shall be prepared by, and bear the signature of, a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized by the State of California to design an irrigation system. D. Landscape Plans. The landscape design portion of the landscape and irrigation design plan, at a minimum, shall: 1. Provide basic project information, such as applicant name, site address, total landscape area and turf area (square feet), irrigation water source (e.g. municipal, well, recycled), retail water purveyor (if applicable), and project contacts; 2. Identify, in tabular form, all plants to be installed as part of the project. The table shall include the following: a. Symbol (representing the plant on the plan). b. Common name. c. Botanical name. d. Container size. e. Quantity. f. Type (e.g. grass, forb, succulent, vine, shrub, tree, etc.). g. Water-efficient species identification. All “native” and “low water use” plant species (defined in Section 14.15.030) shall be so labeled. h. Unique physical specifications of plants (e.g., bare-root, field-potted, multi-trunk, etc.), if applicable; 3. Include the following: a. General notes, planting notes, plant layout based on size at maturity, species, and symbol legend. b. Spacing of proposed plantings. c. Topography d. Trunk diameter of all existing Protected Trees as defined in Chapter 14.18 of the Cupertino Municipal Code. e. Existing features to remain, such as trees, fencing, hardscape, etc. 339 Page 29 of 30 f. Existing features to be removed. g. Identification of pertinent site factors such as sun exposure, microclimate, property lines, buildings, underground/above-ground utilities, existing drainage features, etc. h. Proposed grading. See Section 16.08 of the Cupertino Municipal Code for the requirements of when a grading permit is required. i. Seed mix, if applicable. j. All planted landscape areas are required to have friable soil to maximize water retention and infiltration; 4. Delineate and label each hydrozone; 5. Identify each hydrozone as low water, moderate water, high water, or mixed (low/moderate) water use, as defined by WUCOLS; 6. Identify special landscape areas (areas permanently and solely dedicated to edible plants, areas irrigated with recycled water; 7. Identify type of mulch and application depth; 8. Identify type and wet surface area of water features; 9. Identify hardscapes (pervious and non-pervious); and 10. Contain the following statement: “I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them for the efficient use of water in the landscape design plan.” E. Irrigation Plans. The irrigation design portion of the landscape and irrigation design plan, at a minimum, shall contain: 1. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; 2. Static water pressure at the point of connection to the public water supply; 3. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 4. Irrigation schedule; 5. Location and size of separate water meters for landscape (if applicable); and, 6. The following statement: “I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan.” F. Grading. If the landscape project area will be graded, then, at a minimum, grading contours and quantities shall be shown on the landscape design plan. 340 Page 30 of 30 Grading shall meet all applicable requirements of Chapter 16.08 of the Cupertino Municipal Code, including permitting requirements for grading in excess of established permit thresholds. A geotechnical engineer should be consulted prior to the installation of landscaping materials and irrigation hardware on slopes greater than 30%, or in any areas where slope stability may be compromised. G. Wildfire Management. Plant list shall exclude plant types that increase wildfire susceptibility. In areas designated wildland urban interface, by Chapter 16.74 of the Cupertino Municipal Code, the plan shall demonstrate that plants have been selected and arranged to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291. H. Storm Water Management. Storm water best management practices shall be incorporated as appropriate into the landscape installation, the details of which shall be shown on the landscape design plan. Installation shall be subject to the San Francisco Bay Region’s National Pollutant Discharge Elimination System (NPDES) storm water discharge permit requirements and Chapter 9.18 of the Cupertino Municipal Code. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation. 341 ATTACHMENT “A” Chapter 14.15 LANDSCAPE ORDINANCE Section 14.15.010. Intent. 14.15.020. Applicability. 14.15.030. Definitions. 14.15.040. Prescriptive Compliance Option. 14.15.050. Landscape Documentation Package. 14.15.060. Water-Efficient Design Elements. 14.15.070. Water Budget Calculation. 14.15.080. Soil Analysis. 14.15.090. Recycled Water. 14.15.100. Graywater Systems. 14.15.110. Irrigation Schedule. 14.15.120. Landscape and Irrigation Maintenance Schedule. 14.15.130. Landscape and Irrigation Installation Report. 14.15.140. Landscape Maintenance Agreement. 14.15.150. Audit of Existing Landscapes Larger Than One Acre. 14.15.160. Public Education. 14.15.170. Local Agency Reporting 14.15.180. Penalties. 14.15.010. Intent. 342 Page 2 of 30 14.15.020. Applicability. 14.15.030. Definitions. 14.15.040. Prescriptive Compliance Option. 14.15.050. Landscape Documentation Package. 14.15.060. Water-Efficient Design Elements. 14.15.070. Water Budget Calculation. 14.15.080. Soil Analysis. 14.15.090. Recycled Water. 14.15.100. Graywater Systems. 14.15.110. Irrigation Schedule. 14.15.120. Landscape and Irrigation Maintenance Standards. 14.15.130. Landscape and Irrigation Installation Report. 14.15.140. Landscape Maintenance Agreement. 14.15.150. Audit of Existing Landscapes Larger Than One Acre. 14.15.160. Public Education. 14.15.170. Local Agency Reporting 14.15.180. Penalties. 14.15.010. Intent. The intent of this chapter is to reduce water waste in landscaping by promoting the use of region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency. This chapter implements the California Water Conservation in Landscaping Act of 2006. 14.15.020. Applicability. NO T A P P L I C A B L E 343 Page 3 of 30 A. The provisions of this chapter shall apply to: 1. Projects that require a building permit, or planning permit, or grading permit, as identified in Table 14.15.020. Table 14.15.020 Type of Project Total Landscape Area Requirement Building Permits New home in R1, RHS, A1 or R2 Zones < 500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Planning Permit or Grading Permit New home in R1, RHS, A1 or R2 Zones < 500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Commercial, industrial, office, multi-family residential, public and institutional projects ≤ 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Any landscape installation or rehabilitation project ≤ 2,500 s.f. Prescriptive Compliance Application (Appendix A) - Required >2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) New and rehabilitated cemeteries > 0 s.f. Water Budget Worksheet (Appendix B) Landscape and Irrigation Maintenance Schedule (Sec. 14.15.120) Landscape Installation Report (Sec. 14.15.130) Existing and established landscapes, including cemeteries > 1 acre Water Budget Worksheet (Appendix B) Audit of Established Landscapes (Sec. 14.15.150) Type of Permit Total Landscape Area Requirement Building Permits New construction in R1, RHS or A1 zones ≤500 s.f. Checklist (Appendix A) - Informational ONLY > 500 s.f. and< 2,500 s.f. Checklist (Appendix A) or Landscape Project Submittal ≥ 2,500 s.f. Landscape Project Submittal - Sec. 14.15.040 Development Permit or Grading Permit ST A T E -MA N D A T E D Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype 344 Page 4 of 30 New construction in R1, RHS, A1 or R2 Zones ≤ 500 s.f. Checklist (Appendix A) - Informational ONLY > 500 s.f. and < 2,500 s.f. Checklist (Appendix A) or Landscape Project Submittal ≥ 2,500 s.f. Landscape Project Submittal - Sec. 14.15.040 New Construction within commercial, industrial, office, multi-family residential, public and institutional project ≤ 500 s.f. Checklist - Appendix A - Applies > 500 s.f. Landscape Project Submittal - Sec. 14.15.040 Any landscape installation or rehabilitation project ≤ 2,500 s.f. Checklist - Appendix A > 2,500 s.f. Landscape Project Submittal - Sec. 14.15.040 New and rehabilitated cemeteries > 0 s.f. Water Budget Calculations - Sec. 14.15.060 Landscape Installation Report - Sec. 14.15.080 Landscape and Irrigation Maintenance - Sec. 14.15.090 Existing and established landscapes, including cemeteries > 1 acre Water Budget Calculations - Sec. 14.15.060 Audit of Established Landscapes - Sec. 14.15.100 2. The City may require a Landscape Documentation Package and/or other documents deemed necessary for aAny project, regardless of total landscape area, that is determined to have an impact due to a unique geographical or environmentally sensitive location, including but not limited to, projects proposed on slopes greater than 30%, in geo-hazard areas near riparian corridors, creeks and or/waterways, the city may require a landscape project submittal.. B. The provisions of this chapter shall not apply to: 1. New or rehabilitated landscapes that do not require a building permit or planning permit; 2. New residential landscapes that require a building or planning permit with areas less than five hundred square feet; 1.3. Registered local, state or federal historical sites where landscaping establishes an historical landscape style, as determined by the City Council; 2.4. Surface mine reclamation projects that do not require a permanent irrigation system; 3.5. Ecological restoration projects that do not require a permanent irrigation system; 4.6. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public; or 5.7. Any commercial cultivation of agricultural products; including, but not limited to products of farms, orchards, production nurseries and forests. 14.15.030. Definitions. For the purposes of this chapter, the following definitions apply, unless it is apparent from the context that a different meaning is intended. Applied water: The portion of water supplied by the irrigation system to the landscape. Automatic irrigation controller: An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and RE L O C A T E D I N P A R A G R A P H ST A T E -MA N D A T E D ST A T E -MA N D A T E D Formatted: Font: Palatino Linotype Formatted: Font: Palatino Linotype 345 Page 5 of 30 schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. Backflow prevention device: A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. Certificate of Completion: The document required as part of the Landscape Documentation Package, Prescriptive Compliance Option, and listed as Appendix C. Certified irrigation designer: A person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program. Certified landscape irrigation auditor: A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program. Certified professional: A certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget. Compost: The safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. Conversion factor: The number (0.62) that converts acre-inches per acre per year to gallons per square foot per year. Distribution uniformity: The measure of the uniformity of irrigation water a defined area. Ecological restoration project: A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Effective precipitation (Eppt) or usable rainfall: The portion of total precipitation which becomes available for plant growth. Established landscape:. The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. Establishment period of plants: The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. Estimated Total Water Use (ETWU): The total water used for the landscape as described in Appendix B. Evapotranspiration adjustment factor (ETAF): A factor of 0.70.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency. The ETAF for new and existing (non-rehabilitated) a RE D -LI N E S O N T H I S P A G E A R E S T A T E -MA N D A T E D 346 Page 6 of 30 Sspecial Llandscape Aareas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. Evapotranspiration rate: The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. Flow sensor: An inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valces. This combination flow sensor/controller may also function as a landscape water meter or submter. Friable: A soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. Fuel Modification Plan Guideline: The guidelines from a local fire authority to assist residents and businesses that are developeing land or building structures in a fire hazard severity zone. Graywater: A untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes,and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wasterwater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Refer to Health and Safety Code Section 17922.12. Hardscape: Any constructed feature in a landscape built of concrete, stone, wood, or other such non-pervious or pervious durable material, including, but not limited to, patios, walkways, and retaining walls. High water use plant: A plant species whose demonstrated water needs are incompatible with local climate and soil conditions such that regular supplemental irrigation is required. Species classified “high water use” by “Water Use Classification of Landscape Species” (WUCOLS), having a regionally adjusted plant factor of 0.7 through 1.0, shall be considered high water use plants. High water use plants are prohibited in street medians. Hydrozone: A portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. Invasive plant species: Species of plants, listed in the invasive plant inventory of the California Invasive Plant Council (IPC) and the USDA invasive and noxious weeds database, that have been identified as invasive to areas within the IPC-delineated Central West (CW) region. Irrigation audit: An in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation RE D -LI N E S O N T H I S P A G E A R E S T A T E -MA N D A T E D 347 Page 7 of 30 Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program. Irrigation efficiency (IE): The measurement of the amount of water beneficially used divided by the amount of water applied. The minimum average irrigation efficiency for purposes of this Chapter is 750% for overhead spray devices and 81% for drip systems. Irrigation survey: An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. Landscape architect: A person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code Section 5615. Landscape area: All the planting areas, turf areas, and water features in a landscape installation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing wildland or native vegetation). Landscape contractor: A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Landscape project: An undertaking of landscape design and installation on a particular area of land. A landscape project may be associated with an individual lot, a building project, or a multi-phased development. It may also be a larger, comprehensive landscape scheme that is not coupled with an individual building project. Landscape Documentation Package: The documents required under Section 14.15.050. Landscape water meter: An inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. A landscape water meter may either be a customer service meter dedicated to landscape use provided by the local water purveyor or a privately owned meter or submeter. Lateral line: The water delivery pipeline that supplies water to the emitters or sprinklers from the valve. Low water use plant: A plant species whose demonstrated water needs are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. Species classified as “very low water use” and “low water use” by “Water Use Classification of Landscape Species” (WUCOLS), having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. Low-volume irrigation: The application of irrigation water through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines and bubblers specifically designed to apply small volumes of water slowly at or near the root zone of plants. Certain rotary emitters designed to provide highly efficient water distribution may also be included in this definition, at the discretion of the Director of Community Development. RE D -LI N E S O N T H I S P A G E A R E S T A T E -MA N D A T E D 348 Page 8 of 30 Master shut-off valve: An automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. Maximum Applied Water Allowance (MAWA): The upper limit of annual applied water for the established landscaped area calculated using the formula specified in Appendix B. Mined-land reclamation projects: Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. Mulch: Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and or decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. Native plant: A plant indigenous to a specific area of consideration. For the purpose of this Chapter, the term refers to plants indigenous to the coastal ranges of central and northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community in the project’s vicinity. New construction: A new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building, for the purpose of this ordinance. Non-residential landscape: Landscapes in commercial, institutional, industrial or public settings that may have areas designated for recreation or public safety assembly. It also includes portions of common areas of common interest developments with designated recreational areas. Operating pressure: The pressure at which the parts of an irrigation system are designed by the manufacturer to operate. Overhead sprinkler irrigation system or overhead spray irrigation system: A system that delivers water through the air (e.g., spray heads and rotors). Overspray: Irrigation water that is delivered beyond the target area. Planning Permit: Any permit as defined in Cupertino Municipal Code, Chapter 19.08, for the purpose of this ordinance. Plant factor: A number, which, when multiplied by reference evapotranspiration (ETo), estimates the amount of water needed by plants. The plant factor ranges from 0.0 to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. Plant factors are based on the “Water Use Classification of Landscape Species” (WUCOLS) publication. Plant factors may also be obtained from horticultural researchers from academic insitutions or professional associations as approved by the California Department of Water Resources (DWR). Rain sensor or rain sensing shutoff device: A component that automatically suspends an irrigation event when it rains. Recycled water: Treated wastewater, including reclaimed water or treated sewage effluent water of a quality suitable for non-potable uses including landscape irrigation and water features. ST A T E -MA N D A T E D CL A R I F I C A T I O N ST A T E -MA N D A T E D ST A T E -MA N D A T E D 349 Page 9 of 30 Reference evapotranspiration (ETo): A standard measurement of environmental parameters that affect the water use of plants. Rehabilitated landscape: Any re-landscaping project that requires an architectural and site approval, design review, grading permit, use permit, or a discretionary permit of any sort, or requires a new or expanded water service application. Runoff: Water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. Soil moisture sensor: A device that measures the amount of water in the soil. The device may also initiate or suspend irrigation. Special landscape area (SLA): An area of the landscape dedicated solely to edible plants, recreation areas, areas irrigated with recycled water, or water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Sprinkler head or spray head: A device that delivers water through a nozzle. Station: An area served by one valve or by a set of valves that operate simultaneously. Submeter: A metering device to measure water applied to the landscape that is installed after the primary utility water meter. Turf: A ground cover surface consisting of non-native grass species that is customarily mowed. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are examples of cool-season turf grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm-season turf grasses. Valve: A device used to control the flow of water in the irrigation system. Water feature: A landscape design element where open water performs an aesthetic or recreational function. Water features include ponds, fountains, lakes, waterfalls, artificial streams and any design elements where water is supplied artificially. Spas and swimming pools that are ancillary to single-family, two-family and multi-family residential uses also are considered water features. Wet surface area: The surface area of that portion of a water feature that functions to contain water, such as the water surface of a swimming pool, spa, or garden pond. For a fountain or other feature with flowing water, wet surface area shall be measured as a two dimensional plane bounded by the perimeter of the area where water has been designed to flow. Wildland urban interface: A geographic area identified by Chapter 16.74 of this Code to be at a significant risk from wildfires. WUCOLS: The publication “Water Use Classification of Landscape Species” published by the University of California Cooperative Extension, and the Department of Water Resources and the Bureau of Reclamation, 201400. 14.15.040. Prescriptive Compliance Option. ST A T E -MA N D A T E D 350 Page 10 of 30 Unless otherwise specified, the following prescriptive requirements shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of the prescriptive compliance option, prior to final permit issuance. A. Water-Efficient Landscape Checklist (Appendix A) B. Landscape Design Plans (Appendix D) completed by a certified professional C. Irrigation Plan (Appendix D) completed by a certified professional The following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of the prescriptive compliance option, prior to final inspection D. Certificate of Completion and Certificate of Installation, following installation of landscaping materials and irrigation hardware (Appendix C) E. Irrigation Schedule (Section 14.15. 110) F. Landscape and Irrigation Maintenance Schedule (Section 14.15.110) G. Landscape Maintenance Agreement (Section 14.15.110) 14.15.040.14.15.050. Landscape Project Submittal Documentation Package. Unless otherwise specified, the following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of this chapter, prior to final permit issuance.. A. Water-Efficient Landscape Checklist (Appendix A) B. Water Budget Calculations (Appendix BA) completed by a property owner or certified landscape professional C. Landscape, and Irrigation, and Grading Design Plans (Appendix DB) completed by a certified professional Water Budget Calculations (Section 14.15.060), if necessary. (if they’re only doing checklist/prescriptive requirements, then this may not be necessary) D. Soil Analysis Management Report (Section 14.15.080), if necessary The following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of this chapter, prior to final inspection E. Certificate of Completion and Certificate of Installation, following installation of landscaping materials and irrigation hardware (Appendix C) F. Irrigation Schedule (Section 14.15. 110) G. Landscape and Irrigation Maintenance Schedule (Section 14.15.110) H. Landscape and Irrigation Installation Report (Section 14.15.110) I. Landscape Maintenance Agreement (Section 14.15.110) 14.15.050.14.15.060. Water-Efficient Design Elements. Projects set forth in Section 14.15.020 requiring a landscape project submittalLandscape Documentation Package shall comply with all applicable criteria of this section. CL A R I F I C A T I O N CL A R I F I C A T I O N CL A R I F I C A T I O N CL A R I F I C A T I O N 351 Page 11 of 30 A. Plant Material: All plant material shall be chosen and arranged per requirements in Table 14.15.0650(A). Table 14.15.0650(A) 1 Options to demonstrate water efficiency a. i. Total turf area shall not exceed 25% of the landscape area, or 1,250 square feet, whichever is lesser in area and OR b. Prepare a water budget calculation, per the provisions of Section 14.15.060. ii. At least 80% of the plants within non-turf areas shall be native or low water-use AND 12 Turf Restrictions a. Total turf area shall not exceed 25% of the landscape area, or 1,250 square feet, whichever is lesser in areaTurf shall not be planted on slopes greater than 25%. b. Turf shall not be planted on slopes greater than 25%. cb. Turf areas shall not be less than eight ten (10) feet wide. 23 Non-turf Restrictions a. At least 80% of the plants within non-turf areas shall be native or low water-use. ba. Plants shall be arranged appropriately based upon the site’s climate, slopes, sun exposure, soil characteristics, wildfire susceptibility and other site conditions appropriate for the selected plants. cb. The horticultural attributes of plant species (e.g., mature plant size, invasive roots, and structural attributes) shall be considered, in order to minimize the potential for damage to property or infrastructure (e.g., buildings, septic systems, sidewalks, power lines). cd. Fire-prone plant materials and highly flammable mulches are strongly discouraged. In areas designated wildland urban interface by Chapter 16.74 of this Code, plants shall be selected, arranged and maintained to provide defensible space for wildfire protection, i n conformance with Public Resources Code Section 4291. ed. Invasive plant species/noxious weeds: i. Installation shall be prohibited. ii. Existing within or adjacent to the proposed landscape area shall be removed prior to installation of new landscaping. 34 The architectural guidelines, conditions, covenants or restrictions of a common interest development shall not supersede this chapter by either prohibiting low water use plants, or including conditions that have the effect of restricting the use of low water use plants. B. Hydrozones: 1. Plant materials of similar water use shall be grouped in hydrozones. 2. Mixed plant materials & hydrozoning: If plant materials of differing water uses are mixed, for purposes of preparing a water budget use Table 14.15.0650(B). Table 14.15.0650 (B) Mixed plant materials Requirements RE D -LI N E S O N T H I S PA G E A R E S T A T E -MA N D A T E D 352 Page 12 of 30 Low and moderate water use plants Allowed. All plants classified as moderate water use for MAWA calculations. High water use plants with low and moderate water use plants Not allowed in any hydrozone. C. Irrigation System: The irrigation system proposed for any project shall meet the requirements outlined in Table 14.15.0650 (C) Table 14.15.0650 (C) Category Requirements Irrigation System Shall meet all requirements per manufacturer's specifications and this table. Design Irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. Dedicated Landscape Water Meter Required for landscapes > 5,000 s.f., except single-family residential.Required for: a) All non-residential irrigated landscapes of 1,000 s.f. – 5,000 s.f. a)b) All residential irrigated landscapes equal ≥ 5,000 s.f. Automatic Irrigation Controllers Required for irrigation scheduling, utilizing evapotranspiration or soil moisture sensor data utilizing non-volatile memory. Pressure regulator A pressure regulating device is required if the water pressure is below or exceeds the recommended pressure of the specified irrigation devices. Sensors a) Integral or auxiliary, required to suspend or alter irrigation operation during unfavorable weather conditions. a)b) Flow sensors that detect high flow conditions due to system damage or malfunction are required: for all non-residential landscapes and residential landscapes ≥ 5,000 s.f. Separate Valve Required for each hydrozone. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf. Water Waste Irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions. Type of Irrigation hardware Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.Sprinkler heads shall be selected based on a distribution uniformity low quarter of 0.65 or higher using the protocol defined in American Society of Agricultural and Biological Engineers ’/International Code Council ’s (ASABE/ICC) 802-2014 “Landscaped Irrigation Sprinkler and Emitter Standard. Low-volume Irrigation Required in mulched areas Required in areas with slope > 25% Required within 24 inches of a non-permeable surface Required in any narrow or irregularly shaped areas that are less than eight ten (108) feet in width in any direction. Average Irrigation Efficiency Systems shall be designed, maintained and managed to meet or exceed average landscape Irrigation efficiency of 70%. RE D -LI N E S O N T H I S P A G E A R E S T A T E -MA N D A T E D 353 Page 13 of 30 Irrigation Times Limited to between 8:00 p.m. and 10:00 a.m., unless unfavorable weather prevents it or renders irrigation unnecesaryunnecessary. Irrigation outside the normal designated window is allowed for auditing and system maintenance only. D. Soil, conditioning, and mulchingSoil Preparation: The proposed project shall incorporate soil preparation to meet the requirements outlined in Table 14.15.060 (D) Table 14.15.060(D) Type of soil amendment/conditioning Requirements Topsoil Minimum eight (8) inches, non-compacted topsoil shall be available for water absorption and root growth in planted areas. Minimum may be waived where a landscaped professional determines that practical limitations (e.g., slope and other geotechnical factors), necessitate a lesser soil depth that is viable for the chosen plant materials Compacted soils Compacted soils shall be transformed to a friable condition prior to the planting of any materials. On engineered slopes, only amended planting holes need to meet this requirement. Compost Compost needs to be applied at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. Other amendments Compost, fertilizer or other materials, shall be added according to the soil conditions at the project site and based on what is appropriate for the chosen plant materials. Mulch Minimum two three (32) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas. Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products Not needed in areas of direct seeding application (e.g. hydro-seed) Stabilizing mulching products Required for use on slopes. D.E. Water Features: 1. Recirculating water systems shall be used for all water features. 2. All pools and spas shall have covers. 3. Water features are limited to 10% of the landscaped area unless a water budget is prepared. 4. All pools and spas shall have covers. 5. If water budget is prepared or required, use Table 14.15.050(E) for MAWA calculations. Table 14.15.0650(E): Water Features RE D -LI N E S O N T H I S P A G E A R E S T A T E -MA N D A T E D RE L O C A T E D I N P A R A G R A P H 354 Page 14 of 30 % of landscape area Water usage for MAWA calculation Water features (including pools and spas) ≤ 10% Medium Water features (including pools and spas) > 10% High 14.15.060.14.15.070. Water Budget Calculation. Project applicant may elect to submit a water budget calculation for the landscape project. A water budget must be completed by a certified professional who is authorized by the State of California to complete a water budget. Water budget calculations shall adhere to the following requirements: A. All special landscape areas shall be identified and their water use included in the water budget calculations (Appendix B).. B. All other factors are as defined in Sections 14.15.030, and 14.15.070, and Appendix B. C. Maximum applied water allowance shall be calculated for each project using the formulae outlined in Table 14.15.0760: MAWA Calculation. Table 14.15.0760: MAWA Calculation 1. For existing non-rehabilitated landscapes > 1 acre that have dedicated irrigation meters MAWA= (ETo) (0.62) (LA) (0.8) 2. For all new and rehabilitated landscapes MAWA = (ETo) (0.62) [(0.7ETAF x LA) + ((1- ETAF)0.3 x SLA)] Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (acre-inches to gallons) LA = Landscape Area (square feet) 0.557 = Reference Evapotranspiration Adjustment Factor (ETAF) for residential areas /0.458 = Reference Evapotranspiration Adjustment Factor (ETAF) for non-residential areas 1-ETAF0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) All other factors as defined in Section 14.15.030 above. D. Estimated total water use (ETWU) shall be calculated for each hydrozone using the equation below. The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA calculated using the formula above. ETWU = (ETo)(0.62)  PF * HA IE + SLA )(ETAF)(Area) Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) CL A R I F I C A T I O N ST A T E -MA N D A T E D ST A T E -MA N D A T E D ST A T E -MA N D A T E D 355 Page 15 of 30 0.62 = Conversion Factor PF = Plant Factor from WUCOLS HA = Hydrozone Area (square feet) IE = Irrigation Efficiency (minimum 0.70) SLAArea = Special Total Landscape Area (square feet) 14.15.070.14.15.080. Soil Analysis. The Director of Community Development or his/her designee shall have discretion to require soil analysis as a condition of approval for any development planning permits, grading permit, or any type of discretionary permit, especially where large mass scale grading is anticipatedwhere a landscape project submittal is required. In projects with multiple landscape installations (i.e. production home developments) a soil sampling at a rate of 1 in 7 lots or approximately 15% will satisfy this requirement. A soil analysis report shall document the various characteristics of the soil (e.g. soil texture, infiltration rate, pH, soluble salt content, percent organic matter, etc .), and provide recommendations for amendments as appropriate to optimize the productivity and water- efficiency of the soil. The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the Director of Community Development as part of the lLandscape Ddocumentation Ppackage. 14.15.090. Recycled Water. A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. B. All recycled water irrigations systems shall be designed and operated in accordance with all applicable local and State laws. C. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 14.15.100. Graywater Systems. A. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 14.15.020 for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. 14.15.080. Landscape Installation Report RE D -LI N E S O N T H I S P A G E A R E S T A T E -MA N D A T E D 356 Page 16 of 30 Landscape installation audit for new or rehabilitated landscapes shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. A. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. B. The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” Landscape Maintenance Agreement: 1. Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a formal written landscape maintenance agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara Recorder’s Office and it shall be binding on all subsequent owners of land served by the proposed landscape. 2. The landscape maintenance agreement shall require that the installed landscape not be modified and that maintenance activities not alter the level of water efficiency of the landscape from its original design, unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 14.15.110. Irrigation Schedule. A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: 1. Irrigation scheduling shall be regulated by automatic irrigation controllers. 2. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. 4. Parameters used to set the automatic controller shall be developed and submitted for each of the following: a. the plant establishment period; b. the established landscape; and c. temporarily irrigated areas. 5. Each irrigation schedule shall consider for each station all of the following that apply: a. irrigation interval (days between irrigation); RE L O C A T E D T O S E C -14 . 1 5 . 1 3 0 ST A T E -MA N D A T E D 357 Page 17 of 30 b. irrigation run times (hours or minutes per irrigation event to avoid runoff); c. number of cycle starts required for each irrigation event to avoid runoff; d. amount of applied water scheduled to be applied on a monthly basis; e. application rate setting; f. root depth setting; g. plant type setting; h. soil type; i. slope factor setting; j. shade factor setting; and k. irrigation uniformity or efficiency setting. 14.15.090.14.15.120. Landscape and Irrigation Maintenance Schedule. Landscapes shall be maintained to ensure successful establishment following installation, and to ensure water use efficiency consistent with this chapter. A maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application packageLandscape Documentation Package, with the landscape installation report, or any time before the landscape installation report is submitted. A. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. B.C. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. C.D. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced, or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 14.15.100.14.15.130. Landscape and Irrigation Installation Report. Landscape installation audit for new or rehabilitated landscapes shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. C.A. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. ST A T E -MA N D A T E D 358 Page 18 of 30 D.B. The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” 14.15.140. Landscape Maintenance Agreement. A. Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a formal written landscape maintenance agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara Recorder’s Office and it shall be binding on all subsequent owners of land served by the proposed landscape. B. The landscape maintenance agreement shall require that the installed landscape not be modified and that maintenance activities not alter the level of water efficiency of the landscape from its original design, unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 14.15.110.14.15.150. Audit of Existing Landscapes Larger Than One Acre. The Director of Public Works may require audits to evaluate water use on existing landscapes larger than one acre (installed prior to January 1, 2010). The City shall adopt reasonable rules and regulations on the process for determining what constitutes existing landscaping larger than one acre. Such audits may also be initiated as a coordinated effort between the City and, the Santa Clara Valley Water District or the City’s water purveyors . This audit must be completed by a certified landscape irrigation auditor. Following the findings and recommendations of the certified landscape irrigation auditor, the Director of Public Works may require adjustments to irrigation usage, irrigation hardware, and/or landscape materials to reduce irrigation water use. Landscape renovation or rehabilitation resulting from an audit shall be considered a landscape project, and shall be subject to applicable Section 14.15.0540 and Table 14.15.0760(C)(1). 14.15.120.14.15.160. Public Education. A. The City may provide information, with assistance from the Santa Clara Valley Water District and its water purveyors, to all applicants regarding the design, installation, management and maintenance of water-efficient landscapes and irrigation systems. B. All model homes that are landscaped shall have signs installed that provide information on the principles of water-efficient landscaping. 14.15.170. Local Agency Reporting RE L O C A T E D A S O W N S E C T I O N ; O R I G I N A L L Y 1 4 . 1 5 . 0 8 0 ( C ) 359 Page 19 of 30 Local agencies responsible for administering individual ordinances shall report on their updated ordinance to the Department of Water Resources. Annual reports will be due by January 31st of each year and shall address the requirements as listed in California Code of Regulations Title 23, Division 2, Chapter 2.7, Section 495. 14.15.130.14.15.180. Penalties. Non-compliance with any applicable provision of this chapter shall be subject to enforcement action, as provided in Chapter 1.10 and/or Chapter 1.12 of this Code. ST A T E -MA N D A T E D 360 361 Page 21 of 30 APPENDIX A – WATER-EFFICIENT LANDSCAPE LANDSCAPE WATER EFFICIENCY CHECKLIST ST A T E -MA N D A T E D A N D CL A R I F I C A T I O N 362 Page 22 of 30 ST A T E -MA N D A T E D A N D C L A R I F I C A T I O N 363 Page 23 of 30 364 Page 24 of 30 365 Page 25 of 30 APPENDIX B – WATER BUDGET WORKSHEET ST A T E -MA N D A T E D A N D C L A R I F I C A T I O N 366 367 Page 27 of 30 APPENDIX C – WELO COMPLIANCE CERTIFICATE ST A T E -MA N D A T E D A N D C L A R I F I C A T I O N 368 Page 28 of 30 APPENDIX B D – LANDSCAPE AND IRRIGATION PLANS STANDARDS The landscape and irrigation design plan shall be prepared as follows: A. The landscape and irrigation design plans shall incorporate all applicable elements of Section 14.15.0650 of Chapter 14.15 of the Cupertino Municipal Code. B. The landscape design portion shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape. C. The irrigation design portion shall be prepared by, and bear the signature of, a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized by the State of California to design an irrigation system. D. Landscape Plans. The landscape design portion of the landscape and irrigation design plan, at a minimum, shall: 1. Provide basic project information, such as applicant name, site address, total landscape area and turf area (square feet), irrigation water source (e.g. municipal, well, recycled), retail water purveyor (if applicable), and project contacts;. 2. Identify, in tabular form, all plants to be installed as part of the project. The table shall include the following: a. i. Symbol (representing the plant on the plan). b. ii. Common name. c. iii. Botanical name. d. iv. Container size. e. v. Quantity. i. vi. Type (e.g. grass, forb, succulent, vine, shrub, tree, etc.). f. g. vii. Water-efficient species identification. All “native” and “low water use” plant species (defined in Section 14.15.030) shall be so labeled. ii. Unique f.h. viii. Unique physical specifications of plants (e.g., bare-root, field- potted, multi-trunk, etc.), if applicable;. 3. Include the following: a. i. General notes, planting notes, plant layout based on size at maturity, species, and symbol legend. b. ii. Spacing of proposed plantings. c. iii. Topography d. iv. Trunk diameter of all existing Protected Ttrees as defined in Chapter 14.185 of the Cupertino Municipal Code whose trunk circumference is greater than 18.5 inches, measured 54 inches above grade. e. v. Existing features to remain, such as trees, fencing, hardscape, etc. f. vi. Existing features to be removed. CL A R I F I C A T I O N CL A R I F I C A T I O N 369 Page 29 of 30 g. vii. Identification of pertinent site factors such as sun exposure, microclimate, property lines, buildings, underground/above-ground utilities, existing drainage features, etc. h. viii. Proposed grading. See Section 16.08 of the Cupertino Municipal Code for the requirements of when a grading permit is required. i. ix. Seed mix, if applicable. i.j. All planted landscape areas are required to have friable soil to maximize water retention and infiltration;. 4. Delineate and label each hydrozone; 5. Identify each hydrozone as low water, moderate water, high water, or mixed (low/moderate) water use, as defined by WUCOLS; 6. Identify special landscape areas (areas permanently and solely dedicated to edible plants, areas irrigated with recycled water; 7. Identify type of mulch and application depth; 8. Identify type and wet surface area of water features; 9. Identify hardscapes (pervious and non-pervious); and 10. Contain the following statement: “I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them for the efficient use of water in the landscape design plan.” E. Irrigation Plans. The irrigation design portion of the landscape and irrigation design plan, at a minimum, shall contain: 1. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; 2. Static water pressure at the point of connection to the public water supply; 3. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 4. Irrigation schedule; 5. Location and size of separate water meters for landscape (if applicable); and, 6. The following statement: “I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan.” F. Grading. If the landscape project area will be graded, then, at a minimum, grading contours and quantities shall be shown on the landscape design plan. Grading shall meet all applicable requirements of Chapter 16.08 of the Cupertino Municipal Code, including permitting requirements for grading in excess of established permit thresholds. CL A R I F I C A T I O N ST A T E -MA N D A T E D 370 Page 30 of 30 A geotechnical engineer should be consulted prior to the installation of landscaping materials and irrigation hardware on slopes greater than 30%, or in any areas where slope stability may be compromised. G. Wildfire Management. Plant list shall exclude plant types that increase wildfire susceptibility. In areas designated wildland urban interface, by Chapter 16.74 of the Cupertino Municipal Code, the plan shall demonstrate that plants have been selected and arranged to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291. H. Storm Water Management. Storm water best management practices shall be incorporated as appropriate into the landscape installation, the details of which shall be shown on the landscape design plan. Installation shall be subject to the San Francisco Bay Region’s National Pollutant Discharge Elimination System (NPDES) storm water discharge permit requirements and Chapter 9.18 of the Cupertino Municipal Code. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.y ST A T E -MA N D A T E D 371 https://cupertino.legistar.com/View.ashx?M=F&ID=4295875&GUID=A52DA050-08E2-44B7-98FB-CC9122963E85[3/9/2016 10:10:45 PM] Embedded Secure Document The file https://cupertino.legistar.com/View.ashx?M=F&ID=4295875&GUID=A52DA050-08E2-44B7-98FB- CC9122963E85 is a secure document that has been embedded in this document. Double click the pushpin to view. 372 https://cupertino.legistar.com/View.ashx?M=F&ID=4295876&GUID=9466D01D-D596-4C85-9041-43DB4EB14A9E[3/9/2016 10:10:49 PM] Embedded Secure Document The file https://cupertino.legistar.com/View.ashx?M=F&ID=4295876&GUID=9466D01D-D596-4C85-9041- 43DB4EB14A9E is a secure document that has been embedded in this document. Double click the pushpin to view. 373 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1543 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:2/25/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Accept resignation of Housing Commissioner Krista Wilson and consider options for filling the unscheduled vacancy. Sponsors: Indexes: Code sections: Attachments:Staff Report A – Krista Wilson Resignation Letter B – Previously interviewed Housing Commission Applications Action ByDate Action ResultVer. City Council3/15/20161 Subject:AcceptresignationofHousingCommissionerKristaWilsonandconsideroptionsfor filling the unscheduled vacancy. AcceptresignationofHousingCommissionerKristaWilsonanddirectstafftofillthe unscheduled vacancy by one of the following options: a.)AppointfromtheexistinglistofapplicantsthatwereinterviewedinJanuary(Attachment A); or b.)Holdaspecialrecruitmentandsetanapplicationdeadlineof4:30p.m.onFriday,April15, 2016 and an interview date of May 3, 2016 beginning at 5:30 p.m. CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™374 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: March 15, 2016 Subject Accept resignation of Housing Commissioner Krista Wilson and consider options for filling the unscheduled vacancy. Recommended Action Accept resignation of Housing Commissioner Krista Wilson and direct staff to fill the unscheduled vacancy by one of the following options: a.) Appoint from the existing list of applicants that were interviewed in January (Attachment A); or b.) Hold a special recruitment and set an application deadline of 4:30 p.m. on Friday, April 15, 2016 and an interview date of May 3, 2016 beginning at 5:30 p.m. Background Housing Commissioner Krista Wilson resigned her seat effective March 10, 2016, leaving an unscheduled vacancy for a full term expiring on January 30, 2020. There is a Cupertino residency requirement for this commission member position. Cupertino Resolution No. 10-048 states that unscheduled vacancies shall be handled in the following manner: 1. 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. 2. The notice of unscheduled vacancy 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. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. 375 The notice of unscheduled vacancy was posted on February 22, 2016 in accordance with the posting requirements. Sustainability Impact No sustainability impact. Fiscal Impact If Council chooses option b to hold a special recruitment, an additional notice would be published in the Cupertino Courier and World Journal noting the application deadline and interview date. The cost for the publications would be approximately $430. _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A – Krista Wilson Resignation Letter B – Previously interviewed Housing Commission Applications 376 Kirsten Squarcia Subject: RE: Housing commission -----Original Message----- From: kris_wilson20 [mailtct••······· Sent: Thursday, February 11, 2016 10:05 PM To: Christopher Valenzuela Subject: Housing commission C.J., I have accepted a transfer to the Department of Homeland Security in Quantico/Arlington, Virginia effective 3/20. Although, the rest of the family won't be following me until June, March will be my last commissioner meeting. It's been a pleasure and an honor to serve. However like most people my age my family has been priced out of the only place we've called home. Sincerely, Krista Wilson Sent from my 4G Android device 377 Advisory Appointment Application For Advisory Appointment (Viewer) Applicant Information Last Name: Bose First Name: Sue Middle Name: Today's Date: Friday, January 15, 2016 Address City: Cupertino State: CA Zip Code: 95014 Home Phone: Business Phone: Gender: Female Email: Page 1of3 I CUPERTINO CITY CLERK How long have You Been a Resident of the City of Cupertino? never Occupation: Realtor Education (Select highest year completed): Grad Study Education Name of Schoo] Major Y ears/Credi1 High School St. Thomas 12 High School Junior College Bombay Business 5 University University University of Business 4 Delaware Business/Trade School Other Training httn://forms4.cunertino.org/;:ia/nomm.Rsnx? A A T rl=11 () 111.-;;nn1 r. 378 Advisory Appointment Page 2of3 missions, Committees, or Boards would you like to serve? ce. List no more than two): lSSlOn What public office or offices do you currently hold? Member, Cupertino Sunnyvale District Council, Silicon Valley Assn. of Realtors Please list your qualifications for this position: Full time Realtor with office in Cupertino since 2003 Past Director, California Association of Realtors Past Chair, Cupertino Sunnyvale District Council, Silicon Valley Assn of Realtors Chair, CUP/SNY District, Realtor Service Volunteer Program Are there any special interests or activities that you wish to bring to the attention of the City Council? {These need not be directly related to the appointment that you are seeking.) For the past seven years, I have chaired the effort for the Realtor Service Voluteer Program for the Cupertino, Sunnyvale district where every year in the month of May we help seniors & disabled people with tasks in their homes in the cities of Cupertino, Sunnyvale & Santa Clara. Do you have any obligations that might affect your regular attendance at scheduled evening meetings? I might have client meetings sometimes but I can try to schedule my meetings around the Housing Commission commitment. Where did you hear about the commission vacancy? From Jessica Epstein at the Silicon Valley Assn. of Realtors The space below is provided for any additional comments that you may wish to make about yourself or the position being sought. I got into the real estate business in order to help put people on homes. This has always been my primary focus in everything I do in my work life. · If you are not selected at this time, we will keep your application on file for a one (1) year period for consideration should a commission vacancy occur. I certify that I am not an official or employee of the City of Cupertino, nor related by blood http://forms4.cupertino.org/aa/popup.aspx? AA _Id=3 l 0 1/15/2016 379 Advisory Appointment Page 3of3 or marriage to any official or employee of the City of Cupertino. SIGNATURE DATE hHno//fnrmc:4 r.11nP:rtinn nra/::i::i/nnnnn ::ic:nv? A A Trl=i 1 n 111~nn1t::. 380 Advisory Appointment Application For Advisory Appointment (Viewer) Applicant Information Last Name: Salaje First Name: Wafaa Middle Name: Today's Date: Friday, January 15, 2016 Address City: Cupertino State: CA Zip Code: 95014 HomePhone.-.111111111 Business Phone: Gender: Female Email: Page 1of3 fDJlE©~o~rerm lfl1 JAN 1 5 2016 lW CUPERTINO CITY CLERK How long have You Been a Resident of the City of Cupertino? 9 years Occupation: Librarian Education (Select highest year completed): Grad Study Education Name of School Major Y ears/Credi1 High School Junior College University San Jose State Library Info. 5years/MLIS University Science Business/Trade School L.LJ. __ ./f.C-------A ________ ,;.; ___ ~--~1--1--~------______ ()A A T...1_...,/"\/ 1 /1 t"' //"'\A 1 /'" 381 Advisory Appointment On which Advisory Commissions, Committees, or Boards would you like to serve? (List in order of preference. List no more than two): Fine Arts Commission Housing Commission What public office or offices do you currently hold? NIA Please list your qualifications for this position: Currently finishing an AS degree in Interior Design at Canada College Project management Practitioner Page 2of3 Are there any special interests or activities that you wish to bring to the attention of the City Council? (These need not be directly related to the appointment that you are seeking.) I would like to bring in more events and activities across the different communities in Cupertino. Do you have any obligations that might affect your regular attendance at scheduled evening meetings? No Where did you hear about the commission vacancy? Community mailing list The space below is provided for any additional comments that you may wish to make about yourself or the position being sought. Cupertino is often thought of as an IT fief. It will be nice to bring in other aspects of the social life for the benefit of the high tech. residents and their children. I would like to see a more artistically vibrant Cupertino for different talents and age groups. If you are not selected at this time, we will keep your application on file for a one (1) year period for consideration should a commission vacancy occur. I certify that I am not an official or employee of the City of Cupertino, nor related by blood or marriage to any official or employee of the City of Cupertino. http://forms4.cupertino.org/aa/popup.aspx?AA_Id=306 1/15/2016 382 Advisory Appointment Page 3of3 SIGNATURE DATE httn·//fnrm<::4 r.nnntinn nra/::i::i/nnrnm ::i<::nY? A A Trl=10t') 111.c;nn1r:. 383 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1547 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:2/29/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Construction Project Updates Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject: Construction Project Updates Receive Updates CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™384 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1370 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:1/14/2016 City Council On agenda:Final action:3/15/2016 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/15/20161 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 3/10/2016Page 1 of 1 powered by Legistar™385