04-19-2016 Amended searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, April 19, 2016
10300 Torre Avenue and 10350 Torre Avenue
CITY COUNCIL
6:00 PM
AMENDED Non-televised Closed Session (6:00) Followed by Televised Regular Meeting (6:45)
Amended at 3:15 PM on April 15, 2016 to correct Closed Session start time from
4:30 PM to 6:00 PM
Amended at 2:00 PM on April 15, 2016 to add Closed Session Item No. 1a.
CLOSED SESSION - 6:00 PM
City Hall Conference Room A, 10300 Torre Avenue
1a.Subject: Conference with Legal Counsel - Anticipated Litigation: Significant
exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9 (one case.)
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall Council Chamber, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Recognize Cupertino's Green Businesses for their contribution to the
health of our shared environment
Recommended Action: Present proclamations
2.Subject: Recognize student artists participating in the Citywide "Energized by
Art" utility box art pilot project
Recommended Action: Present proclamations
3.Subject: 2016 Arbor Day Proclamation
Recommended Action: Present proclamation
Staff Report
POSTPONEMENTS
Page 1 CITY OF CUPERTINO
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April 19, 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.
4.Subject: Approve the March 31 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
5.Subject: Approve the April 5 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
6.Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting)
Recommended Action: Approve the minutes
A - Draft Minutes
7.Subject: Accept Accounts Payable for the period ending March 4, 2016
Recommended Action: Adopt Resolution No. 16-033 accepting Accounts Payable
for the period ending March 4, 2016
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for the period ending March 11, 2016
Recommended Action: Adopt Resolution No. 16-034 accepting Accounts Payable
for the period ending March 11, 2016
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for the period ending March 18, 2016
Recommended Action: Adopt Resolution No. 16-035 accepting Accounts Payable
for the period ending March 18, 2016
A - Draft Resolution
B - AP Report
Page 2 CITY OF CUPERTINO
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April 19, 2016City Council AGENDA
10.Subject: Accept Accounts Payable for the period ending March 25, 2016
Recommended Action: Adopt Resolution No. 16-036 accepting Accounts Payable
for the period ending March 25, 2016
A - Draft Resolution
B - AP Report
11.Subject: Recommended Position on State Assembly Bill 1928 (Campos):
Irrigation Standards to Save Our Drinking Water Act
Recommended Action: Adopt a position of support on Assembly Bill 1928 and
authorize sending a letter of support to Assembly Member Nora Campos and our
state delegation
Staff Report
A - Letter of Support
B - Bill Language
12.Subject: Addition of the part-time staff classification of Park Ranger within the
Recreation and Community Services Department
Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager
to add a new part-time staff classification of Park Ranger which would operate in the
Stevens Creek Corridor and be overseen by the Recreation and Community Services
Department
Staff Report
A - Park Ranger Job Description
B - Draft Resolution
13.Subject: Proposed Planning Commission Work Program additions and revisions
for Fiscal Year 2016-2017
Recommended Action: Accept proposed Planning Commission Work Program
additions and revisions for Fiscal Year 2016-2017
Staff Report
14.Subject: Polling for Potential Transportation Sales Tax Measure
Recommended Action: Receive information regarding the questions polled and the
results of polling completed by the Silicon Valley Leadership Group in March 2016
Staff Report
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
15.Subject: 2016-17 Community Development Block Grant (CDBG) Program
Annual Action Plan and 2016-17 Grant Funding Allocations
Page 3 CITY OF CUPERTINO
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April 19, 2016City Council AGENDA
Recommended Action: Conduct Public Hearing: and
1. Adopt Draft Resolution No. 16-038 approving the 2016-17 CDBG Annual Action
Plan and;
2. Adopt Draft Resolution No. 16-039 approving the 2016-17 CDBG, General Fund
Human Service Grants (HSG) Program and Below Market-Rate (BMR) Affordable
Housing Fund (AHF) funding allocations
Staff Report
Attachment A - Draft Resolution No. 16- Annual Action Plan
Attachment B - Draft Resolution No. 16- Grant Allocations
Attachment C - CDBG Annual Action Plan
Attachment D - Grant Application Summary
Attachment E - Grant Application Descriptions
Attachment F - HSG Grant Contract
Attachment G - BMR AHF Grant Contract
Attachment H - CDBG Grant Contract
Attachment I - MidPen Pro Forma
16.Subject: Appeal of a Planning Commission decision to deny an appeal of a
Director’s approval of a Two-Story Permit (R-2015-08) to allow the construction
of a new 5,140-square-foot single-family residence and a Minor Residential
Permit (RM-2015-08) to allow a second story balcony on the new residence.
(Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc.
(Kingkay Capital, LLC); Appellant: Jan Kucera Jr., and Matthew R. and Angela
M.D. Miller; Location: 21900 Oakview Lane; APN: 326-19-105)
Recommended Action: Adopt Resolution No. 16-040 to deny the appeal and uphold
the Planning Commission's decision per PC Resolution No(s). 6798 and 6799
Staff Report
A - Draft Resolution 16-
B - Plan Set
C - Appeal Filed by Jan Kucera Jr.
D - Appeal Filed by Matthew R. Miller and Angela M.D. Miller
E - Comment Letters
F - Resolution No. 6798
G - Resolution No. 6799
H - Planning Commission Staff Report, 2-23-16
I - Planning Commission Meeting Minutes, 2-23-16
J - Original Appeal of Director’s Decision filed by Matthew R. Miller and Angela M.D. Miller
K - Two-Story and Minor Residential Permits Action Letter, 1-8-16
ORDINANCES AND ACTION ITEMS
17.Subject: An ordinance amending sections of Chapter 3.23 of the Cupertino
Page 4 CITY OF CUPERTINO
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April 19, 2016City Council AGENDA
Municipal Code to align the public works bid invitation distribution and posting
periods with the related California Public Contract Code requirements
Recommended Action: Conduct the first reading of Ordinance No. 16-2143: “An
Ordinance of the City Council of the City of Cupertino Amending the Cupertino
Municipal Code Sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of
Title 3 Regarding Public Bidding”
Staff Report
A - Draft Ordinance
B - Redline version of Draft Ordinance
18.Subject: Consideration of the City Council Summer Meeting Schedule and
cancellation of meeting(s).
Recommended Action: Consider the City Council Summer Meeting Schedule and
cancel meeting(s) or provide direction to staff.
Staff Report
REPORTS BY COUNCIL AND STAFF
19.Subject: Climate Action Plan Annual Progress Update
Recommended Action: Receive presentation and review Progress Report
Staff Report
Attachment A - Progress Report
20.Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives
Recommended Action: Receive presentation on Route 85 Corridor Mass Transit
Alternatives Study
Staff Report
21.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 5 CITY OF CUPERTINO
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April 19, 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 6 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1643 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:4/15/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation
pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 (one case.)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9
(one case.)
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1354 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:1/12/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Recognize Cupertino's Green Businesses for their contribution to the health of our shared
environment
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:RecognizeCupertino'sGreenBusinessesfortheircontributiontothehealthofour
shared environment
Present proclamations
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:216-1355 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:1/12/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Recognize student artists participating in the Citywide "Energized by Art" utility box art pilot
project
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council4/19/20162
Subject:RecognizestudentartistsparticipatingintheCitywide"EnergizedbyArt"utilitybox
art pilot project
Present proclamations
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1415 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:1/25/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: 2016 Arbor Day Proclamation
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: 2016 Arbor Day Proclamation
Present proclamation
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
2016 Arbor Day Proclamation.
Recommended Action
Present proclamation.
Discussion
The commitment of the Council, the community, and staff to promote a healthy and
sustainable urban forest earned the City the designation of “Tree City USA” in 2013.
The City became one of 3,400 communities nationwide and one of 150 communities in
California to achieve this distinction.
The Tree City USA program is a national program that provides the framework for
community forestry management for cities and towns across America. Communities
achieve Tree City USA status by meeting four core standards of sound urban forestry
management. These standards include having a responsible department (Public Works),
having a community tree ordinance, spending at least $2 per capita on urban forestry
and celebrating Arbor Day.
The City Council and community commitment of City resources and the efforts of the
Tree Division staff to preserve and grow the City urban forest are commendable. The
rewards to the City include but are not limited to greater community beauty, enhanced
economic vitality and increased property values.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
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
11
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1607 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/31/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Approve the March 31 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Approve the March 31 City Council minutes
Approve the minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Thursday, March 31, 2016
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Barry Chang called the Special 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.
ORAL COMMUNICATIONS
Cathy Helgerson talked about possible Oral Communications changes at Council meetings.
She distributed written comments.
Phyllis Dickstein requested to allow the Cupertino Citizens Sensible Growth Initiative
(CCSGI) group additional time to speak as a group rather than 3 minutes each as individual
speakers.
Jon Willey talked about potential traffic issues with the Vallco Hills project. He distributed
written comments.
Lisa Warren talked about the EIR for the Vallco Hills project with the Initiative process.
ORDINANCES AND ACTION ITEMS
1. Subject: Proposed Initiative submitted by Vicky Tsai and Judy Wilson regarding the
Vallco Town Center Specific Plan Initiative entitled, “Initiative adopting the Vallco
Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area
(“Area”) contains a mixture of residential, office, retail, civic and education uses; (2)
require any development to fund or provide community benefits such as transit,
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City Council Minutes March 31, 2016
2
schools, a green roof, and recycled water; and (3) grant the property owner initial
entitlements to develop in accordance with the Initiative and establish a process for
future approvals; and making related amendments to Cupertino’s General Plan and
Municipal Code ("Vallco Initiative") and authorization to prepare a report under
Elections Code 9212
Recommended Action: Adopt Resolution No. 16-027 directing City staff to prepare a
report on the effects of the Vallco Initiative pursuant to Elections Code Section 9212
and appropriate $180,000.00 for such purpose
City Manager David Brandt reviewed the staff report and staff answered questions
from Council.
The following individuals spoke on this item:
Peggy Griffin
Cathy Helgerson
Lisa Warren
Luke Lang
Ignatius Y. Ding
Steven Scharf
Robert McKibbin on behalf of the Concerned Citizens of Cupertino (CCC)
James Randolph
Fariba Nejat
Qin Pau
Xiaowen Wang (she distributed written comments)
Penny Whittaker
Jennifer Griffin
Liang Chao
Yanping Zhao
Jerry Sheahan
Neil Struthers
Danessa Techmanski
Steve Kelly
Victor Castello
Their comments included: add to the report a list of parameters in the Initiative that
can be changed without Council approval; add to the report a list of benefits noting
what is enforceable and what’s not; fact check the project; traffic concerns; green roof
an issue in the drought; initiatives by developers bypass EIR process; circulators are
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City Council Minutes March 31, 2016
3
having trouble gathering signatures; residents are distrustful of Council; in favor of the
Initiative and the 9212 report; looking forward to new development at Vallco but
disappointed in office portion; school crowding concerns; make sure Vallco sticks to
what they said they would build; wish Cupertino still had a Redevelopment Agency;
no place to shop for clothing in Cupertino; noted taxable sales of comparable shopping
centers; letter of intent between Sand Hill and the Cupertino Union School District;
concern with Sand Hill’s financial backing; mitigate traffic issues by putting housing in
close proximity to Apple and Vallco; unlikely a future developer will take on Vallco
development if CCSGI passes.
Wong moved and Paul seconded to adopt Resolution No. 16-027 directing City staff to
prepare a report on the effects of the Vallco Initiative pursuant to Elections Code
Section 9212 and appropriate $150,000.00 for such purpose.
Wong amended his motion to appropriate $180,000.00 and Paul agreed to the
amendment. Council also gave direction to staff to find out the date of when the
Initiative signatures need to be filed in time for the August 12 deadline to call the
election. The motion carried unanimously.
2. Subject: Election Code section 9212 report relating to proposed Cupertino Citizens’
Sensible Growth Initiative entitled, “Initiative amending Cupertino’s General Plan to
limit redevelopment of the Vallco Shopping District, limit building heights and lot
coverages in areas throughout the City, establish new setbacks and building planes on
major thoroughfares, and require voter approval for any changes to these provisions”
(“CCSGI Initiative”); determination whether to adopt the CCSGI Initiative or place
measure on the ballot; and determination regarding ballot arguments and impartial
analysis
Recommended Action: 1. Receive the Report on the Impacts of Proposed Initiative and
either: a. Adopt the Initiative; or b. Adopt Resolution No. 16-028 ordering that the
Initiative be placed on the Ballot for the November 8, 2016 General Municipal Election,
to be consolidated with the Statewide General Election; and 2. Adopt Resolution No.
16-029 considering whether to direct the City Clerk to transmit the Initiative to the City
Attorney for preparation of an Impartial Analysis and whether to authorize City
Council members, or the Council as a whole, to submit ballot arguments against the
Initiative; and 3. Adopt Resolution No. 16-030 considering whether to authorize
rebuttal arguments for and against the Initiative
Written communications for this item included a letter from Nielsen Merksamer, a
letter from Stuart Flashman, resident emails, redline and clean amended Resolution
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City Council Minutes March 31, 2016
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Nos. 16-028 and 16-029, recommended action slide and a consultant PowerPoint
presentation.
City Clerk Grace Schmidt reviewed the staff report.
Perl Perlmutter, attorney specializing in Land Use and Elections Law and Libby Seifel
with Seifel Consulting Inc., economist who prepared the 9212 report, reviewed the
report via a PowerPoint presentation.
Council asked questions of the consultants and staff.
Kristy Weiss with David J. Powers and Associates who assisted in preparing the
environmental analysis portion of the 9212 report answered questions from Council
regarding traffic.
The following individuals spoke on this item and minutes note whether in favor or
opposed to Cupertino Citizens Sensible Growth Initiative (CCSGI):
Janice Chua (opposed)
Cathy Helgerson (in favor and distributed written comments)
Leslie Chao (opposed)
Cinny Zhuang (opposed)
Peggy Griffin (in favor)
Dennis Whittaker (in favor)
Grace King (opposed)
Namrata Vora on behalf of Mamata Desai (opposed)
Craig Bauheuer (opposed)
Kevin McClelland on behalf of Cupertino Chamber of Commerce (opposed)
Steven Scharf (in favor)
Robert McKibbin on behalf of CCC (in favor)
David Fung (opposed)
Xiaowen Wang (in favor)
Jennifer Griffin (in favor)
Lisa Warren (in favor)
Liang Chao (in favor)
Liana Crabtree (in favor)
Jean Bedord (opposed)
Wengwang Wang (in favor)
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Orrin Mahoney (opposed)
Danessa Techmanski (in favor)
Qin Pau (in favor)
Ignatius Y. Ding (in favor)
Herbert Knoesel (opposed)
Michael Zhang (neutral)
Luke Lang (in favor)
Zhuoli Yang (opposed)
Joan Chin (in favor)
Richard Lowenthal (opposed and distributed written comments)
Yanping Zhao (in favor)
Harris Au (in favor)
Hung Wei (opposed)
Richard Abdalah (opposed)
David Gold (opposed)
1. Receive the report on the impacts of the proposed Initiative; and 1b. Adopt
Resolution No. 16-028 ordering that the Initiative be placed on the Ballot for the
November 8, 2016 General Municipal Election, to be consolidated with the
Statewide General Election.
Wong moved and Sinks seconded to receive the report on the impacts of the
proposed Initiative and adopt Resolution No. 16-028 ordering that the Initiative be
placed on the Ballot for the November 8, 2016 General Municipal Election, to be
consolidated with the Statewide General Election with the following amendment to
the ballot language: Shall an Initiative Ordinance be adopted amending Cupertino’s
General Plan to limit redevelopment of the Vallco Shopping District, limit building
heights along major mixed-use corridors, establish a 45 feet maximum building
height in the neighborhoods, limit lot coverages for large projects, establish new
setbacks and building planes on major thoroughfares, and require voter approval
for any changes to these provisions? The motion carried unanimously.
2. Adopt Resolution No. 16-029 directing the City Clerk to transmit the Initiative to the
City Attorney for preparation of an Impartial Analysis and authorize City Council
members, or the Council as a whole, to submit ballot arguments against the
Initiative.
Wong moved and Sinks seconded to adopt Resolution No. 16-029 directing the City
Clerk to transmit the Initiative to the City Attorney for preparation of an Impartial
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City Council Minutes March 31, 2016
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Analysis and not authorize the City Council members, or the Council as a whole, to
submit ballot arguments against the Initiative with the following amendment to the
ballot language: Shall an Initiative Ordinance be adopted amending Cupertino’s
General Plan to limit redevelopment of the Vallco Shopping District, limit building
heights along major mixed-use corridors, establish a 45 feet maximum building
height in the neighborhoods, limit lot coverages for large projects, establish new
setbacks and building planes on major thoroughfares, and require voter approval
for any changes to these provisions? The motion carried unanimously.
3. Adopt Resolution No. 16-030 authorizing rebuttal arguments for and against the
Initiative.
Wong moved and Sinks seconded to adopt Resolution No. 16-030 authorizing
rebuttal arguments for and against the Initiative. The motion carried unanimously.
ADJOURNMENT
At 12:20 a.m. on Friday, April 1, 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.
18
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1319 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/7/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Approve the April 5 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Approve the April 5 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 5, 2016
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 4:30 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 5:20 p.m. in the Cupertino
Community Hall Council Chamber, 10350 Torre Avenue for a study session regarding the
Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (Stevens Creek
Corridor Master Plan).
CLOSED SESSION
1a. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure
to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section
54956.9
Mayor Chang announced that Council met with legal counsel and gave direction.
1. Subject: Conference with legal counsel - Existing Litigation pursuant to Paragraph (1)
of subdivision (d) of Gov't Code 54956.9; City of Cupertino v.
Navistar, Inc.
Mayor Chang announced that Council met with legal counsel and no action was taken.
STUDY SESSION
2. Subject: Review the Stevens Creek Boulevard to McClellan Road Creek Corridor
Master Plan (Stevens Creek Corridor Master Plan) Draft preferred alternative.
Recommended Action: Review the draft preferred alternative for the Stevens Creek
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City Council Minutes April 5, 2016
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Corridor Master Plan and provide direction to staff regarding proceeding with
environmental evaluation.
Written communications for this item included emails and a letter to Council, map of
preferred alternative plan and a consultant PowerPoint presentation.
Director of Recreation and Community Services Carol Atwood reviewed the staff
report and introduced the consultants.
Laurie Matthews, Director of Preservation Planning + Design and Senior Project
Manager at MIG, Inc. made a PowerPoint presentation on the Draft preferred
alternative.
Ed Getherall, Sr. Director of Operations at NGF Consulting National Golf Foundation
and Forrest Richardson from Forrest Richardson & Associates Golf Course Architects
(A.S.G.C.A.) made a PowerPoint presentation regarding the golf course component.
Consultants and staff answered questions from Council.
The following individuals spoke on this item:
David Fung
Ed Bloom
Geoff Paulsen
Dave McLeroy
Rhoda Fry
Orrin Mahoney
Paula Davis
Shani Kleinhaus on behalf of Santa Clara Valley Audubon Society
Their comments included: supportive of moving forward with CEQA process; need to
slow down bike traffic in trail through park; concern about Cupertino supporting non-
Cupertino organizations; add provision that if golf course closes, return it to natural
space; supportive of Master Plan project; focus on golf course; relocate the swimming
pools; investigate other alternatives for access; if Blue Pheasant torn down, do not
replace it; fix barn at McClellan Ranch; concern about narrow corridor with golf course;
continue creek restoration; move golf clubhouse and roads as close to Stevens Creek
Boulevard as possible; build new bridge over creek only if absolutely necessary;
parking should be for everyday use only.
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City Council Minutes April 5, 2016
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Paul moved and Wong seconded to continue the item to a future meeting to be
determined. The motion carried unanimously.
ADJOURNMENT
At 6:40 p.m. Mayor Chang adjourned the Special Meeting. Council recessed from 6:40 p.m. to
7:07 p.m.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 7:07 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.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Present proclamation to the Asian American Parent Association (AAPA)
Recommended Action: Present proclamation
Mayor Chang presented the proclamation to representatives of AAPA.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Glenn Lee talked about his appeal on his property and the Administrative Citation process.
Rhoda Fry talked about the Blackberry Farm Picnic Area and budget costs.
Helene Davis on behalf of Cupertino Historical Society talked about the Society’s upcoming
brochure on historical sites in Cupertino.
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City Council Minutes April 5, 2016
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DeAnna Pursai, Art Cohen, Katie Zeisl and Pamela Lindsay on behalf of Bluelight Cinemas
College of Adaptive Arts talked about a special film festival coming up on April 24 from 2:00-
5:00 p.m.
Liang Chao talked about the Cupertino Citizens’ Sensible Growth Initiative (CCSGI) 9212
report.
Luke Lang talked about the CCSGI 9212 report.
Peggy Griffin talked about the Special Council Meeting that was called for after tonight’s
Regular Meeting regarding the CCSGI ballot question.
Ignatius Ding talked about resident safety.
Ray Lin on behalf of Boy Scout Troop 453 talked about working on his badge by visiting a
Council meeting and urged voting in the upcoming election. Other members of the troop
(Aaron, Ethan, Jackie, Ivan) also introduced themselves.
Lisa Warren talked about rezoning at Vallco regarding retail.
Xiaowen Wang talked about the Special Council Meeting that was called for after tonight’s
Regular Meeting regarding the CCSGI ballot question.
Jerry Sheahan talked about the Brown Act, dialoguing with Council members and The Hills at
Vallco project.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar as
presented. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
2. Subject: Approve the March 15 City Council minutes
Recommended Action: Approve the minutes
3. Subject: Affirm Nina Daruwalla as a community member and Sue Bose as the Business
Representative on the Housing Commission in order to meet the Cupertino Municipal
Code requirements
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City Council Minutes April 5, 2016
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Recommended Action: Affirm Nina Daruwalla as a community member and Sue Bose
as the Business Representative on the Housing Commission
4. Subject: Accept the City Financial Reports for Fiscal Year ending June 30, 2015
Recommended Action: Accept the City Financial Reports for Fiscal Year ending June
30, 2015
5. Subject: Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek
Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Hi
Pot, 19066 Stevens Creek Boulevard
6. Subject: Application for Alcoholic Beverage License for Aya Japan House, 10789 South
Blaney Avenue
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Aya
Japan House, 10789 South Blaney Avenue
7. Subject: Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens
Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for
Panino Guisto, 19469 Stevens Creek Boulevard
8. Subject: Application for Alcoholic Beverage License for Crab Lover, 10275 South De
Anza Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Crab
Lover, 10275 South De Anza Boulevard
9. Subject: Application for Alcoholic Beverage License for Cupertino Valero, 10002 North
De Anza Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for
Cupertino Valero, 10002 North De Anza Boulevard
SECOND READING OF ORDINANCES
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City Council Minutes April 5, 2016
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10. Subject: Second Reading of a 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
Recommended Action: Conduct the second reading and enact 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”
Written communications for this item included a staff PowerPoint presentation.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Vaidhyanathan seconded to read Ordinance No. 16-2142 by title
only and that the City Clerk’s reading would constitute the second reading thereof.
Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
Wong moved and Vaidhyanathan seconded to enact Ordinance No. 16-2142. Ayes:
Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
None.
PUBLIC HEARINGS
11. Subject: Fiscal Year 2016-17 Fee Schedule (continued from March 15)
Recommended Action: Adopt Resolution No. 16-031 approving the Fiscal Year 2016-17
Fee Schedule, effective July 1, 2016
Written communications for this item included a staff PowerPoint presentation.
Assistant to the City Manager Jacqueline Guzman reviewed the staff report via
PowerPoint presentation.
Staff answered questions from Council.
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The following individuals spoke on this item:
Peggy Griffin (Schedule E and calculation of class cost)
Barbara McArthur (Cupertino Rotary non-profit needing affordable space for
meetings)
Wong moved and Paul seconded to continue the item to the next Council meeting. The
motion failed with Wong and Paul voting yes and Chang, Sinks, and Vaidhyanathan
voting no.
Sinks moved to adopt Resolution No. 16-031 with amendments as noted below and
Vaidhyanathan seconded with a friendly amendment to phase in fees for non-profits
and residents for two years. Sinks did not accept the friendly amendment and
Vaidhyanathan withdrew her second.
Paul seconded Sinks motion to adopt the resolution with amendments as noted below
with a friendly amendment to hold non-residential fees steady as status quo in those
instances where resident fees are increased. Sinks accepted the friendly amendment.
The motion carried with Wong voting no.
The final motion was to adopt Resolution No. 16-031 approving the Fiscal Year 2016-17
Fee Schedule, effective July 1, 2016 with the following amendments:
Schedule E - Maintain status quo on facility rental structure and fees for non-profit
categories
Hold non-residential fees steady as status quo in those instances where resident fees
are increased
Consolidate non-profit categories 2 and 3
Reduce non-profit demonstration from 51% to 1/3 of members
Make adjustments to all other fees as recommended by staff but cap anything over 20%
of comp averages and bring any exceptions above 20% to Council with written
explanation and justification for approval
Defer political sign fee increase until sign ordinance comes to Council and then bring
political sign fee back for consideration at that time
ORDINANCES AND ACTION ITEMS
12. Subject: Discuss procedure for handling Oral Communications at Council meetings
Recommended Action: Discuss procedure for handling Oral Communications at
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Written communications for this item included emails to Council.
The following individuals spoke on this item and were opposed to making any changes
to the procedure for handling Oral Communications:
Peggy Griffin
Randy Shingai
Jennifer Griffin
Xiaowen Wang
Sinks moved and Vaidhyanathan seconded and the motion carried with Wong voting
no to handle Oral Communications at Council meetings in the following manner:
Establish a two-month trial period whereby Council will hear the first eight persons
who have submitted speaker cards, with mayor discretion to allow more than eight
persons, including special consideration for seniors and youth groups. The remainder
of the speakers wishing to address the Council on non-agenda items will be heard at
the end of the agenda.
REPORTS BY COUNCIL AND STAFF
13. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt introduced Cupertino’s new Chief Technology Officer Bill
Mitchell.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 10:05 p.m., Mayor Chang adjourned the meeting.
_______________________
Grace Schmidt, City Clerk
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City Council Minutes April 5, 2016
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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.
28
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1624 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/8/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting)
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting)
Approve the minutes
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 5, 2016
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 10:13 p.m. Mayor Barry Chang called the Special City Council meeting to order in
Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
ORDINANCES AND ACTION ITEMS
1. Subject: Consideration of an amendment to Cupertino Citizens' Sensible Growth
Initiative (CCSGI) ballot question to clarify the nature of the Initiative, including that it
will "increase" heights in the Neighborhoods, and amend City Council Resolution Nos.
16-028 and 16-029 to reflect the amended ballot question
Recommended Action: Adopt Resolution No. 16-032 amending City Council
Resolution Nos. 16-028 and 16-029 to reflect the amended ballot question
Written communications for this item included emails and letters to Council.
The following individuals spoke on this item:
Stuart Flashman attorney for CCSGI (distributed written comments)
Virginia Tamblyn
Phyllis Dickstein
Randy Shingai
David Fung
Anne Woo
Barbara Chang
Michael Chang
Leigh-Anne Gillis
Ignatius Ding
Feng Ye
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Lisa Warren
Liang Chao
Wenguang Wang
Jennifer Griffin
Govind Tatachari
Xiaowen Wang (distributed written comments)
Liana Crabtree
Steven Scharf
Jon Willey
Richard Abdalah
Miles Imwalle on behalf of the Cupertino Neighbors, Educators & the Cupertino
Chamber of Commerce for the Sensible and Sustainable Revitalization of Vallco
Staff answered questions from Council.
Wong moved and Sinks seconded to adopt Resolution No. 16-032 amending City
Council Resolution Nos. 16-028 and 16-029 to reflect the amended ballot question as
noted below. The motion carried with Paul and Vaidhyanathan voting no.
Shall an initiative ordinance be adopted amending Cupertino’s General Plan to limit
redevelopment of the Vallco Shopping District, limit building heights along major
mixed-use corridors, increase to 45 feet maximum building height in the
Neighborhoods, limit lot coverages for large projects, establish new setbacks and
building planes on major thoroughfares, and require voter approval for any changes to
these provisions?
ADJOURNMENT
At 11:46 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.
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City Council Minutes April 5, 2016
3
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.
32
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1625 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/8/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Accept Accounts Payable for the period ending March 4, 2016
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Accept Accounts Payable for the period ending March 4, 2016
Adopt Resolution No. 16-033 accepting Accounts Payable for the period ending March 4, 2016
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
March 4, 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 19th day of April, 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
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:316-1633 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/11/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Accept Accounts Payable for the period ending March 11, 2016
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/19/20163
Subject: Accept Accounts Payable for the period ending March 11, 2016
AdoptResolutionNo.16-034acceptingAccountsPayablefortheperiodendingMarch11,
2016
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
powered by Legistar™47
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
March 11, 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 19th day of April, 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
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1634 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/11/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Accept Accounts Payable for the period ending March 18, 2016
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Accept Accounts Payable for the period ending March 18, 2016
AdoptResolutionNo.16-035acceptingAccountsPayablefortheperiodendingMarch18,
2016
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
March 18, 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 19th day of April, 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
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1635 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/11/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Accept Accounts Payable for the period ending March 25, 2016
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Accept Accounts Payable for the period ending March 25, 2016
AdoptResolutionNo.16-036acceptingAccountsPayablefortheperiodendingMarch25,
2016
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
March 25, 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 19th day of April, 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
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:316-1638 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/12/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Recommended Position on State Assembly Bill 1928 (Campos): Irrigation Standards to Save
Our Drinking Water Act
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Letter of Support
B - Bill Language
Action ByDate Action ResultVer.
City Council4/19/20163
Subject:RecommendedPositiononStateAssemblyBill1928(Campos):IrrigationStandards
to Save Our Drinking Water Act
AdoptapositionofsupportonAssemblyBill1928andauthorizesendingaletterofsupportto
Assembly Member Nora Campos and our state delegation
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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OFFICE OF THE CITY MANAGER
SUSTAINABILITY DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
Recommended Position on State Assembly Bill 1928 (Campos): Irrigation Standards to Save Our
Drinking Water Act.
Recommended Action
Adopt a position of support on Assembly Bill 1928 and authorize sending a letter of support to
Assembly Member Nora Campos and our state delegation.
Description
Despite the presence of El Nino conditions this winter, California is preparing for a fifth
consecutive year of drought and beyond. Across the state, water agencies are implementing
measures to reduce the use and consumption of water, both to meet mandatory reductions in
the short term and to promote drought resilience in the long term. One of those measures
includes encouraging the use of water efficient equipment and appliances, both indoors and
outdoors.
In 2006, AB 1881 (Laird) was signed into law, which required the California Energy
Commission (CEC) to establish both performance standards and labeling requirements for
landscape irrigation equipment by certain deadlines. However, the CEC suspended the effort
two years later, citing lack of funding caused by the 2008 economic recession and scientific
evidence that the standards would actually save water.
Since that time, both funding and water efficient irrigation technology have dramatically
improved, so the time is right to extend implementation deadlines required by AB 1881 and
finally establish performance standards and labeling requirements for landscape irrigation
equipment, ensuring that California can continue to reduce water consumption and weather
current and future droughts.
Water efficiency standards for indoor water fixtures and appliances are created and approved
by the US Environmental Protection Agency (EPA) and the CEC, and have been in place for
many years. Currently, there are no such standards or labeling requirements that exist for
landscape irrigation equipment, despite landscape irrigation comprising about half of
residential water use.
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Consequently, outdoor water use provides a substantial opportunity for water savings through
the use of water efficient irrigation equipment.
Since the drought began, the City of Cupertino has instituted measures to reduce water usage in
accordance with state mandates and local directives, including:
adoption of a water conservation ordinance;
adoption of a resolution urging water conservation;
adoption of a Water Efficient Landscaping Ordinance;
adoption/implementation of an internal Water Conservation Policy to reduce water use;
public education around water conservation and efficiency, through our website and
other online and social media channels; and
partnership with the Santa Clara Valley Water District to offer services, rebates and
other incentives so residents can enjoy, protect and use water wisely.
The drought will continue to present urgent challenges including: drinking water shortages in
communities across the state, diminished water for agricultural production, degraded habitat
for many fish and wildlife species, increased wildfire risk, and the threat of saltwater
contamination to fresh water supplies. Careful water management requires active conservation
measures, in order to ensure a reliable supply of water to meet current and future water supply
needs.
AB 1928 is a simple, but important, fix. Due to the delay by the CEC with the implementation of
AB 1881 (Laird, 2006), AB 1928 will extend important deadlines in order to meet the goals of
existing law.
As of Monday, April 11th, 2016, registered supporters for AB 1928 include:
Association of California Water Agencies
California Municipal Utilities Association
California Landscape Contractors Association
East Bay Municipal Utilities District
San Diego County Water Authority
Santa Clara Valley Water District
Santa Clara County Board of Supervisors
City of Saratoga
City of Morgan Hill
City of Sunnyvale
Cupertino Chamber of Commerce
Santa Clara Chamber of Commerce
Gilroy Chamber of Commerce
No Opposition is known.
For these reasons, staff recommends that the City Council adopt a position of support on AB
1928, and authorize a letter to be sent on behalf of the City Council to Assembly Member
Campos and members of the state delegation. This item was reviewed in advance and
supported for Council consideration by its Legislative Review Committee.
Sustainability Impact
AB 1928 would support the City’s Climate Action Plan (CAP) goal to conserve water such as in
measure C-W-1, “SB-X7-7”: Implement water conservation policies contained within
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Cupertino’s Urban Water Management Plant to achieve 20 percent per capita water reductions
by 2020. Implementing water efficiency standards and appropriate labeling for irrigation
equipment would improve the water savings potential in newly installed and retrofitted
irrigation systems as well as assist constituents in making environmentally sound purchasing
decisions.
Additionally, AB 1928 would cause the CEC to develop standards to help guide CAP measure
M-F-7, “Conserve Water Through Efficient Landscaping”: Implement best management
practices in landscaping design and share City successes community-wide to lead by example
in water conservation action. This guidance will be beneficial when developing the City’s Green
Grounds Policy as outlined in CAP action M-F-7-C, “Adopt Water Budget & Green Grounds
Policy”.
According to the California Urban Water Conservation Council, AB 1928 is estimated to save
between six hundred thousand and one million acre feet of water per year across the state.
Fiscal Impact
There is no anticipated fiscal impact to the City as a result of its supporting AB 1928.
_____________________________________
Prepared by: Katy Nomura, Utility & Efficiency Analyst
Reviewed by: Erin Cooke, Assistant to the City Manager & Sustainability Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Draft Letter of Support
B. AB 1928 Bill Language
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CUPERTINO CITY COUNCIL
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3192 • FAX: (408) 777-3366
bchang@cupertino.org
Honorable Nora Campos
California Assembly
State Capitol Room 3013
Sacramento, CA 95814
SUBJECT: Notice of Support – Assembly Bill 1928 (Campos): Irrigation Standards to Save
Our Drinking Water Act (I-2/12/16)
Dear Assembly Member Campos:
The Cupertino City Council supports your AB 1928, relative to establishing a timeline for the
implementation of water efficiency standards and labeling requirements for irrigation equipment.
Under normal circumstances, it makes common sense to use water wisely both indoors and out. In
the midst of a historic, severe drought, it becomes critical that we use this precious resource as
efficiently possible. Given that landscape irrigation makes up one-third of water use in California,
the time is right to ensure that the equipment that delivers that water is efficient, and labeled as such
so that consumers can make informed choices.
State law already mandates that the California Energy Commission (CEC) develops and
implements water efficiency standards for landscape irrigation equipment, but they suspended doing
so in 2008. Given the significant technological innovations in this equipment since then, and in the
midst of a historic drought that demands action on all fronts, it is time for the CEC to fulfill their
legal mandate, and finally establish water efficiency standards and labeling requirements for this
equipment, pursuant to the timelines that AB 1928 sets forth.
AB 1928 will help California further reduce water consumption by taking the next step in
improving outdoor water efficiency, and also allow consumers to make more informed choices
about water efficient equipment, both of which help bolster our state’s drought resiliency for this
and future generations.
Please feel free to contact me at (408) 777-3192 or bchang@cupertino.org should you have any
questions.
Sincerely,
Mayor Barry Chang
City of Cupertino
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california legislature—2015–16 regular session
ASSEMBLY BILL No. 1928
Introduced by Assembly Member Campos
February 12, 2016
An act to amend Section 25401.9 of the Public Resources Code,
relating to water.
legislative counsel’s digest
AB 1928, as introduced, Campos. Water efficiency: landscape
irrigation equipment.
Existing law requires, to the extent that funds are available, the State
Energy Resources Conservation and Development Commission, in
consultation with the Department of Water Resources, to adopt, by
January 1, 2010, performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors and, on or after
January 1, 2012, prohibits that equipment from being sold unless it
meets the performance standards and labeling requirements.
This bill would postpone the date by which the commission is to
adopt the performance standards and labeling requirements to January
1, 2018, and would prohibit, on and after January 1, 2020, the sale of
that equipment unless it meets the performance standards and labeling
requirements. The bill would additionally require the commission, in
adopting those standards and requirements, to consider developments
in landscape irrigation efficiency occurring on or after January 1, 2010.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
99
104
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 25401.9 of the Public Resources Code
line 2 is amended to read:
line 3 25401.9. (a) To the extent that funds are available, the
line 4 commission, in consultation with the Department of Water
line 5 Resources, Resources and in consideration of developments in
line 6 landscape irrigation efficiency occurring on and after January 1,
line 7 2010, shall adopt by regulation, after holding one or more public
line 8 hearings, performance standards and labeling requirements for
line 9 landscape irrigation equipment, including, but not limited to,
line 10 irrigation controllers, moisture sensors, emission devices, and
line 11 valves, for the purpose of reducing the wasteful, uneconomic,
line 12 inefficient, or unnecessary consumption of energy or water.
line 13 (b) For the purposes of complying with subdivision (a), the
line 14 commission shall do both of the following:
line 15 (1) Adopt performance standards and labeling requirements for
line 16 landscape irrigation controllers and moisture sensors on or before
line 17 January 1, 2010. 2018.
line 18 (2) Consider the Irrigation Association’s Smart Water
line 19 Application Technology Program testing protocols when adopting
line 20 performance standards for landscape irrigation equipment,
line 21 including, but not limited to, irrigation controllers, moisture
line 22 sensors, emission devices, and valves.
line 23 (c) On and after January 1, 2012, 2020, an irrigation controller
line 24 or moisture sensor for landscape irrigation uses may not be sold
line 25 or installed in the state unless the controller or sensor meets the
line 26 performance standards and labeling requirements established
line 27 pursuant to this section.
O
99
— 2 —AB 1928
105
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1631 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/11/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Addition of the part-time staff classification of Park Ranger within the Recreation and
Community Services Department
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Park Ranger Job Description
B - Draft Resolution
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:Additionofthepart-timestaffclassificationofParkRangerwithintheRecreationand
Community Services Department
AdoptResolutionNo.16-037authorizingtheCityManagertoaddanewpart-timestaff
classificationofParkRangerwhichwouldoperateintheStevensCreekCorridorandbe
overseen by the Recreation and Community Services Department
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RECREATION AND COMMUNITY SERVICES
DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
Addition of the part-time staff classification of Park Ranger within the Recreation and
Community Services Department.
Recommended Action
Adopt draft resolution authorizing the City Manager to add a new part-time staff classification
of Park Ranger, which would operate in the Stevens Creek Corridor and be overseen by the
Recreation and Community Services Department.
Description
The City currently has a contract agreement with California Land Management (CLM) to
provide park ranger services within the Stevens Creek Corridor. The agreement with CLM
expires on June 30, 2016. It is our goal to transition the duties of Park Ranger from CLM to part-
time city staff and have them begin work duties at the expiration of the current contract
agreement. The addition of this classification will provide the Recreation and Community
Services Department with direct oversight of staff recruitment, schedules, and responsibilities to
ensure that customer service, compliance with park rules, and restoration efforts are being
completed at the highest standard.
Discussion
We have seen a steady increase in community activity within the Stevens Creek Corridor with
the completion of the Stevens Creek Trail, Phase 2 project in 2014, as well as the facility addition
and upgrades at McClellan Ranch Preserve in 2015. We feel strongly that transitioning park
ranger duties to city staff will give our department the best opportunity to provide park visitors
with exemplary customer service and corridor information. We anticipate that Park Rangers
would be on duty 365 days a year and will have the necessary training and skillset to positively
interface with customers, as well as provide information on ongoing restoration efforts and
park improvements.
As part of their initial training, Park Rangers would be required to learn about the natural
history of the park, habitat restoration techniques, customer service, as well as complete
coursework to obtain their California Penal Code 832 Certificate. This certificate will provide
107
Park Rangers with the ability to enforce park regulations and issue legal citations when
necessary.
In addition to increased visitor interaction, maintaining public safety, and enforcement of
regulations, Park Rangers will be tasked with habitat restoration and minor maintenance needs
along the Stevens Creek trail. They will provide input and oversight in the areas of invasive
plant removal, native plant propagation, litter removal, wildlife sightings, and trail
monitoring/closures.
Sustainability Impact
Implementation of the recommended action will support the city’s sustainability goals.
Fiscal Impact
The approval of the Park Ranger classification would create an annual savings of $25,000.
Current contract agreement for CLM: $100,000
Park Ranger staffing costs budgeted for 2016/17: $75,000
Estimated annual savings: $25,000
Classification Hourly Steps
Park Ranger $22.00;$22.50;$23.00;$23.50;$24.00
___________________________________
Prepared by: Dave Jahns, Recreation Coordinator
Reviewed by: Thomas Walters, Recreation Manager
Reviewed by: Carol Atwood, Director of Recreation and Community Services
Approved for Submission by: David Brandt, City Manager
Attachment:
A-Park Ranger: Stevens Creek Corridor Job Description
B-Draft Resolution
108
City of Cupertino
Employment Opportunity
Recreation and Community Services Department, 10185 N. Stelling Rd., Cupertino, CA (408) 777-3120
Human Resources, 10300 Torre Ave., Cupertino, CA (408) 777-3227
Park Ranger: Stevens Creek Corridor
The City of Cupertino Recreation and Community Services Department has year-round openings in the Stevens
Creek Corridor.
POSITION: Park Ranger: Approximate hours per week: 20 to 29 hours
SALARY RANGE: $20.00, $20.50, $21.00, $21.50, $22.00
DEFINITION: Under general supervision Park Rangers will monitor and patrol the Stevens Creek Corridor. They
will be familiar with City Code, issuing citations when necessary. They will engage and educate Corridor visitors
and volunteers on a variety of topics including corridor restoration efforts, natural history, wildlife sightings,
leash laws, etc. They will work with the City Naturalist on habitat restoration and assist with all parking related
issues. This is a part-time, temporary, non-benefited position limited to no more than 995 hours per fiscal year.
JOB DESCRIPTION:
Communicates clearly and effectively with Corridor visitors, providing accurate information at all times.
Interpret, explain, and enforce City Code as it relates to the Corridor and issues citations when
necessary.
Maintains files, databases, and records related to citations and violations.
Educates patrons and volunteers on natural history, habitat restoration, and wildlife.
Performs occasional trail maintenance such as removing downed tree limbs and cleaning graffiti.
Acts immediately and appropriately to secure safety of park patrons in the event of an emergency.
Assists with any issues related to traffic and parking.
Presents a professional appearance and attitude at all times.
Maintains a high level of customer service.
Performs other duties as required.
This is a year-round position.
QUALIFICATIONS:
Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
Possession of, or ability to obtain, a valid California Penal Code 832 certificate within 6-months of hire
date.
Must have at least 1 year of park ranger experience or experience in a related field. 2 years major course
work in the field is preferred.
Must be a minimum of 18 years old.
Must be CPR and First-Aid Certified. (If not currently certified, CPR and First Aid certification and re-
certification training will be offered to employees. Possible training dates will be discussed with
employees.)
Must possess the ability to lift, carry, push, and pull materials, and objects weighing up to 50 pounds, or
heavier weights with the use of proper equipment.
109
Must be responsible, alert, courteous, and punctual.
Must be able to communicate with peers, supervisors, and patrons.
Must be available to work weekends, evenings, and holidays.
Must be able to provide own transportation to and from work.
HOW TO APPLY: Apply online via CalOpps. Hardcopy application forms will also be accepted, and must be
typewritten or handwritten in black ink. Application forms may be picked up at and returned to the following
offices:
Recreation and Community Services Department., 10185 N. Stelling Rd., Cupertino, CA 95014
Cupertino City Hall, Human Resources, 10300 Torre Ave., Cupertino, CA 95014
SELECTION PROCEDURE: Applicants will be screened by: A) a review of their written application; B) an oral
interview/assessment; C) state law requires that if your position will bring you into contact with minors (i.e.,
those under 18), you must complete a fingerprint criminal history records check; and D) successful applicants
will need to show proof of a current T.B. test.
The City of Cupertino is an equal opportunity employer and does not discriminate in employment on the basis
of a person’s race, religion, color, sex (including gender and pregnancy), sexual orientation (including
heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service
member status, marital status, pregnancy, age, medical condition, genetic characteristics, and physical or
mental disability. Candidates with a disability, which may require special assistance in any phase of the
application or testing process, should advise City of Cupertino Human Resources upon submittal of application.
Documentation of the need for accommodation must accompany the request.
AN EQUAL OPPORTUNITY EMPLOYER
110
\\10.176.2.252\granicus_nas\insite\files\cupe\attachments\7c755c57-e0ec-46be-8220-54c6d07a8ead.doc
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO ADD A PART-TIME PARK RANGER
CLASSIFICATION TO THE CITY’S CLASSIFICATION PLAN
WHEREAS, the recruitment and hiring of top quality employees is essential to the
efficient operation of the City of Cupertino; and
WHEREAS, it has been determined to establish the following new classification:
Classification Hourly Steps
Park Ranger $22.00;$22.50;$23.00;$23.50;$24.00
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby
approves the new position and updated salary schedule.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of April 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
111
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1601 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/31/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-
2017
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:ProposedPlanningCommissionWorkProgramadditionsandrevisionsforFiscal
Year 2016-2017
AcceptproposedPlanningCommissionWorkProgramadditionsandrevisionsforFiscalYear
2016-2017
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
Proposed Planning Commission Work Program additions and revisions for Fiscal Year
2016-2017.
Recommendation
Accept proposed Planning Commission Work Program additions and revisions for
Fiscal Year 2016-2017.
Description
During its meeting on March 22, 2016, the Planning Commission discussed the FY 2016-
2017 Work Program. The Commission requested that the following items be considered
by the Council for inclusion into the Work Program. Items and tasks that have been
reviewed previously, completed or conducted on an ongoing basis have been placed in
a separate list. Additional staff comments are provided in italics.
1. Under Community Development Item 2 - Heart of the City Specific Plan, the
Commission would like to request the addition of language for "Only very large
species of trees and defer specific species and size to the Department of Public
Works”. This will contribute to the overall appearance of the Heart of the City.
2. Under Community Development Item 4 on amending the Parking Ordinance, the
Commission requested exploring the inclusion of parking incentives when projects
provide electric vehicles, charging stations, and alternative transportation methods.
3. Under Community Development Item 8 on teacher housing project, to set a goal of
100 senior or "teacher" housing units per year for five years and/or provide incentive
and priority for Cupertino residents.
4. Eliminate the restriction on outdoor seating for restaurants. Currently, the ordinance
allows only 20% of a restaurant’s seating to be outdoors.
Items that have been reviewed, completed or conducted on an ongoing basis include
the following:
5. The Commission requested a review of parking performance for projects that have
received parking variances or exceptions. Evaluations of sites in Cupertino are
113
conducted routinely for projects that require parking studies. This provides the City with
valuable data on how sites that were approved previously are performing.
6. Evaluate existing and proposed residential projects and impacts to schools. Staff
would like to note that this is already being conducted for residential projects and that the
analysis includes existing enrollments.
7. Evaluate the appropriateness of a Cupertino Transit Program to provide free shuttle
service. Council has already added this item as part of the community amenity list when
reviewing General Plan amendment authorizations.
8. Modify the R-1 Ordinance to address scale of projects and privacy protection
measures. The Council amended the R-1 ordinance in 2011 to relax design standards and
to allow larger homes to be constructed without design review. There are existing privacy
protection measures such as trees, opaque windows and higher window sills.
9. Any future outreach efforts to consider providing a list of various City Commissions
and Boards. A complete list of City Commissions is provided on the City’s website. Staff
would additionally like to note that Commissions are subject to Brown Act requirements.
10. Staff notes that at its meeting on March 15, 2016, the Council discussed inclusion of
the following item in the work program: Update the current Municipal Code to
allow urban bee-keeping.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Benjamin Fu, Assistant Director of Community Development
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
114
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1584 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/22/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Polling for Potential Transportation Sales Tax Measure
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Polling for Potential Transportation Sales Tax Measure
Receiveinformationregardingthequestionspolledandtheresultsofpollingcompletedbythe
Silicon Valley Leadership Group in March 2016
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
Polling for Potential Transportation Sales Tax Measure
Recommended Action
Receive information regarding the questions polled and the results of polling completed
by the Silicon Valley Leadership Group in March 2016.
Background
At the City Council meeting of March 1, 2016, the Council considered directing the City
Manager to negotiate and execute an agreement with a consultant to poll residents
about subjects related to their support of a Transportation Sales Tax measure or a
possible business tax.
In March, the Silicon Valley Leadership Group (SVLG) conducted a poll, however the
questions to be polled were not entirely known and so there was a concern that the
questions may not capture the willingness of voters to support a sales tax to extend
mass transit into the West Valley and North County.
Ultimately, the Council did not support directing the City Manager to hire a polling
consultant, but did direct staff to follow up in April with an agenda item providing the
actual questions used in the SVLG poll.
The SVLG has not provided the questions that they used in their polling. In various
settings, they did verbally go over the general top-line results regarding the various
broad categories such as BART, Caltrain, County Expressway improvements, Street
Maintenance and Pothole Repair, and Bicycle and Pedestrian Improvements. The SVLG
did also include a question regarding Transit Improvements to the West Valley/North
County Corridor. While all results declined in support for the improvements relative to
116
2
results obtained in a fall, 2015 poll, most all categories still had support of
approximately 64-66%, non-support of approximately 30%, and undecided at
approximately 4-6%. The results for the question regarding the transit improvements to
the West Valley/North County Corridor were 62% support, 34% non-support, and 4%
undecided.
Fiscal Impact
None.
Sustainability Impact
Any future projects that enhance non-vehicular transportation modes or reduce
congestion will have positive effects on greenhouse gas emissions.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments: None
117
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1592 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:3/28/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: 2016-17 Community Development Block Grant (CDBG) Program Annual Action Plan and
2016-17 Grant Funding Allocations
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Attachment A - Draft Resolution No. 16- Annual Action Plan
Attachment B - Draft Resolution No. 16- Grant Allocations
Attachment C - CDBG Annual Action Plan
Attachment D - Grant Application Summary
Attachment E - Grant Application Descriptions
Attachment F - HSG Grant Contract
Attachment G - BMR AHF Grant Contract
Attachment H - CDBG Grant Contract
Attachment I - MidPen Pro Forma
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:2016-17CommunityDevelopmentBlockGrant(CDBG)ProgramAnnualAction
Plan and 2016-17 Grant Funding Allocations
Conduct Public Hearing: and
1. Adopt Draft Resolution No. 16-038 approving the 2016-17 CDBG Annual Action Plan and;
2.AdoptDraftResolutionNo.16-039approvingthe2016-17CDBG,GeneralFundHuman
ServiceGrants(HSG)ProgramandBelowMarket-Rate(BMR)AffordableHousingFund
(AHF) funding allocations
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
2016-17 Community Development Block Grant (CDBG) Program Annual Action Plan
and 2016-17 Grant Funding Allocations.
Recommended Action
Conduct Public Hearing; and
1. Adopt Draft Resolution No. 16-___ approving the 2016-17 CDBG Annual Action
Plan and;
2. Adopt Draft Resolution No. 16-___ approving the 2016-17 CDBG, General Fund
Human Service Grants (HSG) Program and Below Market-Rate (BMR) Affordable
Housing Fund (AHF) funding allocations.
Description
This is the second of two public hearings required by the United States Department of
Housing and Urban Development (HUD) for CDBG. The first public hearing was
conducted by the Housing Commission at a regular meeting held on March 10, 2016.
Discussion
HUD annually allocates grants such as CDBG, Home Investment Partnerships Program
(HOME), Housing Opportunities for People with AIDS (HOPWA) and Emergency
Shelter Grants (ESG) to local jurisdictions for community development activities.
Cupertino is one of nine entitlement jurisdictions within Santa Clara County.
Jurisdictions typically must have a population of 50,000 or more to qualify as an
“entitlement jurisdiction” that receives grant funding directly from HUD. Entitlement
grants are largely allocated on a formula basis, based on several objective measures of
community needs, including the extent of poverty, populations, housing overcrowding,
age of housing and population growth lag in relationship to other metropolitan areas.
As a requirement to receive these entitlement grants, Title I of the National Affordable
Housing Act mandates that jurisdictions prepare a five-year Consolidated Plan, Annual
Action Plan and Consolidated Annual Performance and Evaluation Report (CAPER).
The City prepared a 2015-20 Consolidated Plan that has been reviewed and approved
by HUD. The City also prepares an Annual Action Plan and CAPER annually and is in
compliance with HUD to-date regarding these required documents.
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Page 2 of 10 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
CDBG Annual Action Plan
The CDBG Annual Action Plan is a one-year plan that describes the eligible activities
that the City of Cupertino intends to undertake in fiscal year 2016-17 (July 1, 2016 – June
30, 2017) to address the needs and implement the strategies identified in the adopted
2015-20 Consolidated Plan. The CDBG Annual Action Plan further describes how the
eligible activities will address priority housing, non-housing community development
needs and affirmatively further fair housing choice. Per HUD regulations, the City is
required to make the 2016-17 CDBG Annual Action Plan available for public comments
for 30 days. As a result, the public comment period was from March 7, 2016 to April 8,
2016. There was no public comments received to-date.
CDBG, HSG and BMR AHF Funding Allocations
An annual Request for Proposal (RFP) was issued on December 18, 2015 inviting
organizations throughout Santa Clara County and surrounding areas to apply for
CDBG, HSG and BMR AHF funding for the upcoming fiscal year 2016-17. The RFP
deadline ended on January 18, 2016. Following the RFP deadline, the Housing
Commission held a public hearing on March 10, 2016 to finalize their initial rating and
ranking of the 2016-17 CDBG, HSG and BMR AHF grant applications. The Housing
Commission’s funding recommendations for fiscal year 2016-17 CDBG, HSG and BMR
AHF grant applications are being forwarded to the City Council for final adoption.
In December 2007, the City of Cupertino City Council approved a two-year grant
funding cycle for CDBG public services, HSG and BMR AHF grants. Year one of a two-
year funding cycle will begin in fiscal year 2016-17 and end in fiscal year 2017-18.
Agencies who are awarded in fiscal year 2016-17 and who remain in good standing will
receive a one-year contract amendment for fiscal year 2017-18. CDBG capital housing
project applications will remain on a one-year funding cycle.
Community Development Block Grant (CDBG) Program
This is Cupertino’s fourteenth year as an entitlement jurisdiction receiving a CDBG
grant directly from HUD. HUD regulations require that eligible housing activities
selected for funding must benefit low-income households or eliminate a blighted area
or address an urgent (emergency) community need and must also meet a national
objective. In addition, only certain types of eligible activities qualify under the CDBG
regulations. Examples of eligible activities are:
Public improvements
Public service activities
Affordable housing developments
Property acquisition for affordable housing
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Page 3 of 10 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
Rehabilitation of affordable units
The City of Cupertino was notified by HUD on February 16, 2016 that the estimated
fiscal year 2016-17 entitlement amount will be $307,592. As a result, for fiscal year 2016-
17, the City of Cupertino estimates it will have a total of up to $394,592 in CDBG funds
eligible to allocate. The estimated total of $394,592 in CDBG funds for fiscal year 2016-17
includes the 2016-17 entitlement amount of $307,592, plus $7,000 in program income
(PI) generated from loan repayments, and $80,000 of available uncommitted funds from
the prior fiscal year 2015-16. The table below provides a summary of how CDBG funds
are proposed to be allocated for fiscal year 2016-17.
Community Development Block Grant (CDBG) Program
Entitlement Amount: $307,592
Program Income (PI): $7,000
Administration (20%) $62,918
Public Services (15%) $47,188
Capital Housing Projects (65%) $204,484
Uncommitted Funds From Prior Fiscal
Year 2015-16 for Capital Housing Projects $80,000
Total $394,592
Administrative Funds
CDBG administrative funds cannot exceed 20% of the estimated 2016-17 entitlement
amount ($307,592) and PI ($7,000). Therefore, an estimated total of $62,918 is proposed
to be allocated for administrate costs to cover salary and benefits for staff, who assist
with the operation of the CDBG program. The table below outlines the amount of
CDBG administrative funds proposed to be expended for 2016-17.
Community Development Block Grant (CDBG) Program
Administration Funds
Administration $62,918
Total $62,918
Public Service Funds
CDBG public service funds cannot exceed 15% of the 2016-17 entitlement amount
($307,592) and PI ($7,000). Therefore, an estimated amount of $47,188 is proposed to be
allocated toward eligible public service activities. Eligible public service activities must
benefit low-income households. Examples of eligible public service activities can
include childcare, emergency services, fair housing services and senior services.
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Page 4 of 10 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
For 2016-17, the Housing Commission is recommending funding two eligible CDBG
public service applications submitted by Live Oak Adult Day Services and West Valley
Community Services (WVCS).
Live Oak Adult Day Services provides services for seniors such as recreation, mental
stimulation, companionship and nutritious meals. Live Oak Adult Day Services has
been funded by the City the last several years and has been operating their “Senior
Adult Day Care” program successfully and has met their goals each year to-date.
The Housing Commission is recommending funding Live Oak Adult Day Services
the full amount they applied for of $15,098.
WVCS provides case management and wrap around services through their
“Community Access to Resource and Education (CARE)” program to help at-risk
and vulnerable households manage crisis. WVCS has been funded by the City the
last several years and has been operating the CARE program successfully and has
met or exceeded their goals each year to-date. WVCS expressed to the Housing
Commission that due to the demand of their services their funding needs have
drastically increased year-to-year. Low-income households who qualify for the
CARE program have access to WVCS’ food pantry. The food pantry alone serves
several hundred households per month. As a result of the increased demand for the
CARE program the Housing Commission is recommending a greater funding
allocation than what WVCS originally applied for. WVCS originally applied for
$25,000; however, the Housing Commission is recommending funding the CARE
program $25,000 plus the remaining balance of CDBG public services funds in the
amount of $7,090 for a total of $32,090.
The table below provides a summary of how CDBG public service funds are proposed
to be allocated for fiscal year 2016-17.
Community Development Block Grant (CDBG) Program
Public Service Funds
Live Oak Adult Day Services – Senior
Adult Day Care $15,098
West Valley Community Services
(WVCS) – CARE Program $32,090
Total $47,188
The two year CDBG public service grant funding cycle covers fiscal years 2016-17 and
2017-18. If the City Council changes CDBG public service funding amounts for fiscal
year 2016-17 than each agency’s funding would also be changed proportionately.
Capital Housing Project Funds
CDBG capital housing project funds will not exceed 65% of the 2016-17 entitlement
amount ($307,592) and PI ($7,000). Therefore, an estimated amount of $204,484 is
proposed to be allocated toward eligible capital housing project activities. Also for fiscal
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Annual Action Plan and 2016-17 Grant Funding Allocations
year 2016-17, an estimated $80,000 of uncommitted funds from the prior fiscal year
2015-16 is available to be allocated for eligible CDBG capital housing projects, thereby
increasing the total amount available to be allocated for eligible CDBG capital housing
projects to $284,484. Eligible CDBG capital housing project activities may include
purchase of land for affordable housing, rehabilitation of qualifying units, construction
of affordable units and public improvements.
For 2016-17, the Housing Commission is recommending funding two eligible CDBG
capital housing project applications submitted by Rebuilding Together Silicon Valley
(RTSV) and the City of Cupertino Public Works Department.
RTSV provides home safety repairs, mobility and accessibility improvements with
the primary consideration being the correction of safety hazards. RTSV has been
funded by the City the last several years and has been operating their “Housing
Repair and Rehabilitation Project” successfully and has met their annual project
goals each year to-date. Although, the last two fiscal years RTSV has experienced
challenges in being able to expend all of their allocated CDBG project funds they
were still able to meet their annual project goals. The Housing Commission is
recommending funding RTSV the full amount they applied for of $60,300.
The City of Cupertino Public Works Department currently operates a “Curb Ramp
Installation” project that aims to bridge gaps in accessibility by constructing and
upgrading curb ramps. The objective of the “Curb Ramp Installation” project is to
allow for a continuous path of travel through the public right of way specifically
providing accessibility to the general public including the disabled. The City Public
Works Department has not applied in the past for CDBG project funds. There is a
demand in the City for additional curb ramp installations to be constructed;
therefore, the City Public Works Department is proposing to expand their project
funding sources and applied for CDBG funds.
Other than RTSV and the City Public Works Department, the City did not receive any
other qualified or eligible CDBG project applications for 2016-17. It’s important to note
that HUD has CDBG expenditure requirements in which the City must expend a
majority of their entitlement funding annually in order to avoid a penalty. Penalties
from HUD can include not awarding a future CDBG entitlement grant allocation due to
the City having too much uncommitted funding on hand. As a result of CDBG
expenditure requirements the Housing Commission is recommending to fund the City
Public Works Department for their “Curb Ramp Installation” project for 2016-17. The
City Public Works Department has the experience and capacity to meet HUD
regulations such as bidding, prevailing wage and environmental requirements. The
City Public Works Department originally applied for $200,000; however, the Housing
Commission is recommending funding the “Curb Ramp Installation” project $200,000
plus the remaining balance of CDBG capital project funds in the amount of $24,184 for a
total of $224,184. Since CDBG capital project applications are on a one-year funding
cycle, the City Public Works Department application is only proposed to be a one-time
funding source. The Housing Commission expressed at their public hearing meeting on
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March, 10, 2016 that they would have preferred to fund another affordable housing-
related CDBG project but as stated above no other qualified or eligible applications
were received in 2016-17 under this category. The table below provides a summary of
how CDBG capital housing project funds are proposed to be allocated for fiscal year
2016-17.
Community Development Block Grant (CDBG) Program
Capital Housing Project Funds
Rebuilding Together Silicon Valley – Housing
Repair and Rehabilitation Project $60,300
City of Cupertino Public Works Department –
City-wide Curb Installation Project $224,184
Total $284,484
The one-year CDBG capital housing project grant funding cycle covers fiscal year 2016-
17. If the City Council changes CDBG capital housing project funding amounts for fiscal
year 2016-17 than each agency’s funding would also be changed proportionately.
Aside from CDBG funds, HSG and BMR AHF grants also received funding
recommendations from the Housing Commission for fiscal year 2016-17.
General Fund Human Service Grants (HSG) Program
The City Council allocates approximately $40,000 annually from the General Fund to
human service agencies. Formal agreements and monitoring are required for this
program, but the requirements are less stringent than for federal funding. The Housing
Commission reviews HSG applications at the same time as CDBG and BMR AHF
applications and makes funding recommendations to the City Council.
For 2016-17, the Housing Commission is recommending funding three eligible HSG
applications submitted by Catholic Charities of Santa Clara County, Senior Adults
Legal Assistance and Maitri.
Catholic Charities of Santa Clara County provides advocacy along with
investigating and resolving complaints for five Cupertino long-term care facilities
through their “Long-Term Care Ombudsman” program.
Senior Adults Legal Assistance provides free legal services in the area of consumer
complaints, housing, elder abuse and simple wills to low-income seniors through
their “Legal Assistance to Cupertino Elders” program.
Maitri provides transitional housing and related support services to victims of
domestic violence who are at-risk of becoming homeless. All three agencies above
have been funded by the City the last several years and have been operating their
programs successfully and have met their goals each year to-date.
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The Housing Commission is recommending funding Catholic Charities of Santa Clara
County $6,500 and Senior Adults Legal Assistance $10,100 which are the full amounts
they applied for. Maitri expressed to the Housing Commission that due to the demand
of their services their funding needs have drastically increased year-to-year. Maitri’s
transitional housing services to those at-risk of becoming homeless due to being victims
of domestic violence are one of a kind in the City. The Housing Commission took into
account past performance from Maitri who has continually exceeded their annual
program goals due to the demand for their services. As a result of the increased
demand for Maitri’s services the Housing Commission is recommending a greater
funding allocation than what Maitri originally applied for. Maitri originally applied for
$15,000; however, the Housing Commission is recommending funding Maitri’s
program $15,000 plus the remaining balance of HSG funds in the amount of $8,400 for a
total of $23,400. The table below provides a summary of how HSG funds are proposed
to be allocated for fiscal year 2016-17.
General Fund Human Service Grants (HSG) Program
Funds
Catholic Charities of Santa Clara
County – Long-Term Ombudsman
Program
$6,500
Senior Adults Legal Assistance –
Legal Assistance to Elders $10,100
Maitri – MTH Direct Client Services $23,400
Total $40,000
The two-year HSG grant funding cycle covers fiscal years 2016-17 and 2017-18. If the
City Council changes HSG funding amounts for fiscal year 2016-17 than each agency’s
funding would also be changed proportionately.
Below Market-Rate (BMR) Affordable Housing Fund (AHF)
The Below Market-Rate (BMR) Affordable Housing Fund (AHF) receives its revenue
from the payment of housing mitigation fees from residential and non-residential
(office, hotel, retail, research and development (R&D) and industrial) development. The
Housing Commission reviews BMR AHF applications at the same time as CDBG and
HSG applications and makes funding recommendations to the City Council.
For 2016-17, the Housing Commission is recommending funding five eligible BMR AHF
applications submitted by WVCS, Project Sentinel, Eden Council for Hope and
Opportunity (ECHO) and MidPen Housing Corporation (MidPen).
WVCS submitted an application for their “Affordable Placement Program” which
includes the administration of the City’s BMR program. The “Affordable Placement
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Program” includes monitoring, screening, waiting list management, annual rental
income recertification and placement services for BMR ownership and rental
program units. Project Sentinel submitted an application for their “Landlord/Tenant
Rental Mediation” services. Project Sentinel provides dispute resolution services to
tenants and landlords to help resolve complaints regarding rental deposits, repairs,
rent increases and nonpayment of rent. ECHO submitted an application for their
“Fair Housing Services” program. ECHO provides fair housing counseling services,
presentations and investigations of allegations of discrimination. All three agencies
above have been funded by the City the last several years and have been operating
their programs successfully and have met or exceeded their annual program goals
each year to-date. As a result, the Housing Commission is recommending funding
WVCS $122,400, Project Sentinel $35,000 and ECHO $10,000 which are the full
amounts they applied for.
WVCS also submitted a second application under this funding category to
substantially renovate two duplexes which are utilized for affordable transitional
housing units located at 10311 and 10332 Greenwood Court. WVCS both owns and
property manages the two duplexes. The proposed renovation work for the two
duplexes will include replacement of kitchen cabinets, countertops, flooring, light
fixtures, doors, windows and interior painting. The Housing Commission is
recommending funding WVCS $160,000, which is the full amount applied for.
MidPen also submitted an application for the acquisition of a vacant parcel located
at: 19160 Stevens Creek Boulevard. 19160 Stevens Creek Boulevard is currently a
Housing Element site. MidPen seeks to acquire the site in order to develop a one-
hundred percent affordable multi-family residential senior housing rental project.
The proposed project would consist of 30 units, one of which would be for an on-site
manager. MidPen would propose to provide both on-site property management and
resident services. The proposed project will serve both extremely low and very low-
income seniors whose total gross household incomes are between 30% and 50% of
Santa Clara County Area Median Income (AMI), per household size.
MidPen originally submitted a Letter of Intent (LOI) to the seller to purchase the
property at $3,000,000. MidPen was recently notified by the seller that they have
countered with an asking price of $3,500,000. As a result, MidPen notified the City
that they intend to resubmit a $3,500,000 counter-offer. To-date MidPen has not
heard back from the seller on whether or not they accepted the $3,500,000 counter-
offer. MidPen’s goal is to enter into a fully executed purchase contract with the seller
in order to obtain site control.
The site is approximately .55 acres and is currently zoned P(CG Res) at 25 du/ac.
MidPen ran an initial analysis of the site and confirmed that the current zoning of
the site would not be dense enough even with a 35% density bonus to make the site
financially feasible to secure 9% Low-Income Housing Tax Credit (LIHTC) funding.
As a result, MidPen would intend to submit a General Plan Amendment (GPA)
application requesting authorization to have the property rezoned to 40 units/acre.
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At 40 units/acre plus a 35% density bonus, MidPen estimates it would be able to
construct a total of 30 units on-site. Although still a small project at 30 units, MidPen
is confident that this would make the proposed project competitive enough to secure
9% LIHTC funding.
LIHTC’s would provide the majority of the funding for the proposed project .
However, other funding sources would include private construction financing,
Housing Trust Silicon Valley and City of Cupertino. MidPen applied through the
City’s RFP for “gap financing” for this proposed project in the amount of $3,500,000.
The $3,500,000 would be used for acquisition costs associated with acquiring the site.
MidPen’s $3,500,000 funding request represents approximately 26% of the total
development project costs which is a reasonable percentage request for “gap
financing” by industry standards. A financial pro-forma which itemizes the
proposed development costs and funding sources is provided for your convenience
as Attachment I.
At a minimum, prior to approval or disbursement of any City funds for “gap
financing”, funding would be contingent upon MidPen submitting sufficient
documentation of site control and getting authorization for the property to be
rezoned along with any other conditions the City Council sets forth. MidPen’s
funding request will only apply to fiscal year 2016-17 since time is of the essence and
MidPen will need to perform and meet certain deadlines such as obtaining site
control and rezoning of the property. The City’s “gap financing “ would not propose
to be a grant but rather a 30 year deferred loan at 3% simple interest which is the
industry standard. The Housing Commission is recommending funding MidPen the
full amount applied for in the amount of $3,500,000. The table below provides a
summary of how BMR AHF funds are proposed to be allocated for fiscal year 2016-
17.
Below Market-Rate (BMR) Affordable Housing Fund
(AHF) Program Funds
West Valley Community Services –
Affordable Placement Program $122, 400
Project Sentinel – Landlord/Tenant
Rental Mediation $35,000
Eden Council for Hope and
Opportunity (ECHO) – Fair Housing
Services
$10,000
West Valley Community Services –
10311 & 10321 Greenwood Court
Renovation Project
$160,000
MidPen Housing Corporation – 19160
Stevens Creek Blvd. Senior Housing
Development
$3,500,000
Total $3,827,400
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The two year BMR AHF grant funding cycle covers fiscal years 2016-17 and 2017-18. If
the City Council changes BMR AHF funding amounts for fiscal year 2016-17 than each
agency’s funding would also be changed proportionately.
Attachment D provides a grant application summary of the Housing Commission’s
2016-17 CDBG, HSG and BMR AHF funding recommendations to the City Council for
final adoption. Attachment E provides a grant application description for each 2016-17
CDBG, HSG and BMR AHF application. After the second public hearing the 2016-17
CDBG, HSG and BMR AHF grant contract agreements will be fully executed. In
addition the 2016-17 CDBG Annual Action Plan will be submitted to HUD for final
approval. The due date to HUD for the 2016-17 CDBG Annual Action Plan is May 15,
2016.
Sustainability Impact
None.
Fiscal Impact
Sufficient funding will be available and budgeted for all 2016-17 CDBG, HSG and BMR
AHF grant applications. CDBG programs and projects are funded by HUD grant funds.
BMR AHF programs and projects are funded by housing mitigation fees collected from
residential and non-residential development projects. HSG programs are funded
through the General Fund.
Prepared by: Christopher “C.J.” Valenzuela, Senior Housing Planner
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution No. 16-
B- Draft Resolution No. 16-
C - CDBG Annual Action Plan
D- Grant Application Summary
E - Grant Application Descriptions
F- HSG Grant Contract
G- BMR AHF Grant Contract
H - CDBG Grant Contract
I - MidPen Pro-Forma
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RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING
THE 2016-17 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ANNUAL ACTION PLAN
WHEREAS, the Housing and Community Development Act of 1974 provides that funds
be made available for the Community Development Block Grant (CDBG) program; and
WHEREAS, the City of Cupertino is required to submit a 2016-17 CDBG Annual Action
Plan to the United States Department of Housing and Urban Development (HUD) for review
and approval prior to being allowed to expend CDBG funds for fiscal year 2016-17; and
NOW, THEREFORE BE IT RESOLVED that the City of Cupertino makes the certifications
required by 24 CFR Sections 91.225 and 570.303 as contained in the CDBG Annual Action Plan
for fiscal year 2016-17; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby
approves the 2016-17 CDBG Annual Action Plan; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit the
2016-17 CDBG Annual Action Plan approved by the City Council of the City of Cupertino to
HUD.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
19th day of April, 2016 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt Barry Chang
City Clerk Mayor, City of Cupertino
129
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING
THE 2016-17 COMMUNTIY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM,
GENERAL FUND HUMAN SERVICE GRANTS (HSG) PROGRAM AND BELOW
MARKET-RATE (BMR) AFFORDABLE HOUSING FUND (AHF) FUNDING
ALLOCATIONS
WHEREAS, the Housing and Community Development Act of 1974 provides that funds
be made available for the Community Development Block Grant (CDBG) program; and
WHEREAS, the City of Cupertino wishes to apply for funds as an Entitlement
Jurisdiction under said Act; and
WHEREAS, the City of Cupertino estimates receiving a $307,592 CDBG entitlement grant
from the United States Department of Housing and Urban Development (HUD) to be allocated
for fiscal year 2016-17; and
WHEREAS, the City of Cupertino estimates allocating $7,000 in CDBG program income
for fiscal year 2016-17; and
WHEREAS, The City of Cupertino estimates allocating up to $80,000 of available
uncommitted CDBG funds from prior fiscal year 2015-16 for fiscal year 2016-17; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby
approves the Housing Commission’s fiscal year 2016-17 funding recommendation allocations to
the organizations and dollar amounts as detailed in Attachment D to the City Council staff
report dated April 19, 2016 entitled “2016-17 Community Development Block Grant (CDBG)
Program Annual Action Plan and 2016-17 Grant Funding Allocations”; and
BE IT FURTHER RESOLVED that the 2016-17 CDBG, HSG and BMR AHF grant funding
allocations will be decreased/increased based on final budget allocations by HUD and City
Council; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby
authorizes the City Manager to negotiate and execute the grant agreements in substantially the
forms as Attachments F, G and H to the City Council staff report dated April 19, 2016 entitled
“2016-17 Community Development Block Grant (CDBG) Program Annual Action Plan and
2016-17 Grant Funding Allocations”.
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Resolution No. 2016- Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
19th day of April, 2016 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt Barry Chang
City Clerk Mayor, City of Cupertino
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1
City of Cupertino
2016 Annual Action Plan
Prepared by the Department of Community Development
10300 Torre Avenue
Cupertino, CA 95014
Approved by City Council
April 19, 2016
Resolution No. 16-
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TABLE OF CONTENTS
EXECUTIVE SUMMARY……………………………………………………………………… .4
FISCAL YEAR 2015-16 EVALUATION OF PAST PERFORMANCE…………………… …..4
FISCAL YEAR 2016-17 RESOURCES AND ACTIVITIES…………………………………….4
FISCAL YEAR 2016-17 CDBG PROPOSED FUNDING ALLOCATIONS……………… ……5
INTRODUCTION……………….…………………………………………………..………… …6
FEDERAL RESOURCES………….………………………………...…………………….… ….6
OTHER RESOURCES………………………………………………………………………… …6
Below Market-Rate (BMF) Affordable Housing Fund (AHF)…………………………………6
General Fund Human Service Grants (HSG) Program…...……………………...……………..7
West Valley Community Services (WVCS)……………………………………………………7
Housing Trust Silicon Valley (HTSV) ....................................................................................... 7
HOME Investment Partnerships Program (HOME).......……………………………………….8
Mortgage Credit Certificate (MCC) Program ............................................................................. 8
Second Unit Program .................................................................................................................. 8
Santa Clara County Affordable Housing Fund (SCCAHF) ........................................................ 8
Section 8 Housing Choice Voucher Program ............................................................................. 8
Density Bonus Ordinance ........................................................................................................... 8
CITIZEN PARTICIPATION .......................................................................................................... 8
CONSULTATION WITH OTHER JURISDICTIONS.................................................................. 9
GEOGRAPHIC DISTRIBUTION .................................................................................................. 9
ANTI-POVERTY STRATEGY ..................................................................................................... 9
HOMELESS AND SPECIAL NEEDS ........................................................................................... 9
LEAD-BASED PAINT ................................................................................................................. 10
PUBLIC HOUSING ..................................................................................................................... 10
LEVERAGING OF FUNDS......................................................................................................... 10
FAIR HOUSING .......................................................................................................................... 10
PROGRAM MONITORING ........................................................................................................ 11
URGENT OR COMMUNITY NEED .......................................................................................... 12
AMENDMENTS TO PLAN......................................................................................................... 12
SUMMARY OF 2016-17 CDBG, HSG AND BMR AHF APPLICATIONS ............................. 12
CDBG Public Service Applications…………………………………………………………..13
CDBG Capital Housing Project Applications………………………………………………...13
HSG Applications………………………………………………………………...……….…..14
BMR AHF Applications………………………………………………………………………15
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2015-20 CONSOLIDATED PLAN GOALS…………………………………………………...18
2015-20 CONSOLIDATED PLAN FIVE YEAR GOALS SUMMARY……………………19
2015-20 CONSOLIDATED PLAN ANNUAL GOALS SUMMARY……………………..20
AREAS OF MINORITY AND LMI CONCENTRATION MAP………………………… .21
HUD APPLICATION CERTIFICATIONS……………..…………………………………...22
APPLICATION FOR FEDERAL ASSISTANCE SF-424…………………………………...30
CITY COUNCIL RESOLUTION……………………………………………………………..33
PROOF OF PUBLICATION…………………………………………………………………..34
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Executive Summary
The Community Development Block Grant (CDBG) Annual Action Plan (hereafter “Action
Plan”) is an annual plan covering fiscal year 2016-17 (July 1, 2016 – June 30, 2017), which the
City of Cupertino, as lead agency, oversees pursuant to the goals outlined in the 2015-20
Consolidated Plan. The Action Plan details the activities Cupertino will undertake to address the
housing and community development needs and local objectives using funds received during the
2016 program year (July 1, 2016 – June 30, 2017) from CDBG entitlement funds, anticipated
program income (PI) and available uncommitted funds from the prior program year. The Action
Plan includes United States Department of Housing and Urban Development (HUD) developed
forms plus a supplemental narrative.
Fiscal Year 2015-16 Evaluation of Past Performance
Cupertino was successful in addressing the goals and objectives cited in the fiscal year 2015-16
(July 1, 2015 – June 30, 2016) Action Plan. Most of the CDBG funds were used to carry out
activities that benefited low and moderate-income persons. Only CDBG administration funds did
not directly serve low and moderate-income persons. Eligible funded public service activities
included fair housing, food, clothing, senior services and emergency housing services. These
activities continue to make a positive impact on identified needs in the community and are
providing services that might otherwise have gone unmet. Eligible funded capital housing
projects included a single family residence minor repair program which served low-income
homeowners city-wide by addressing accessibility and health and safety measures and a multi-
family residential rehabilitation project. As can be expected, community needs continue to
exceed the available resources.
Fiscal Year 2016-17 Resources and Activities
For fiscal year 2016-17 (July 1, 2016 – June 30, 2017), the City of Cupertino estimates it will
have a total of up to $394,592 in CDBG funds eligible to allocate. The City of Cupertino
estimates that it will receive $307,592 in entitlement funds for fiscal year 2016-17. The City of
Cupertino also estimates that it will have $7,000 in program income (PI), plus an estimated
$80,000 in available uncommitted funds from prior fiscal year 2015-16. The estimated total of
$394,592 in CDBG funds for fiscal year 2016-17 is comprised of the estimated 2016-17
entitlement amount of $307,592, plus $7,000 PI, plus $80,000 of available uncommitted funds
from the prior fiscal year 2015-16. CDBG administrative funds will not exceed the 20% cap of
the estimated 2016-17 entitlement amount ($307,592) and PI ($7,000), thus an estimated total of
$62,918 is estimated to be allocated for administrate costs to cover salary and benefits of staff
who assist with the operation of the CDBG program. CDBG public service funds will not exceed
the 15% cap of the 2016-17 entitlement amount ($307,592) and PI ($7,000), thus an estimated
$47,188 is estimated to be allocated toward eligible public service activities. The remaining 65%
of the 2016-17 CDBG entitlement grant funds ($307,592) and PI ($7,000) or $204,484 is
proposed to be allocated toward eligible CDBG capital housing projects. In addition for fiscal
year 2016-17 an estimated $80,000 of available uncommitted funds from the prior fiscal year
2015-16 is estimated to be allocated for eligible CDBG capital housing projects. For fiscal year
2016-17 up to $284,484 is estimated to be utilized for CDBG capital housing projects. If the
federal budget is reduced or increased for fiscal year 2016-17, CDBG grant applicant amounts
will also be reduced or increased proportionately. The table below is a summary of how the
CDBG funds are proposed to be allocated for fiscal year 2016-17.
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5
Fiscal Year 2016-17 CDBG Proposed Funding Allocations
CDBG Projected Use CDBG Dollar Amount
Entitlement Amount: $307,592
Program Income (PI): $7,000
Administration (20%) $62,918
Public Services (15%) $47,188
Capital Housing Projects (65%) $204,484
Uncommitted Funds From Prior Fiscal
Year 2015-16 for Capital Housing
Projects
$80,000
Total $394,592
For fiscal year 2016-17 the City of Cupertino anticipates providing CDBG funding for two
eligible public service activities and two eligible capital housing projects. For fiscal year 2016-17
the portion of CDBG funds that is proposed to be allocated toward two eligible public service
activities is estimated to provide up to 121 unduplicated households with food, clothing, senior
services and emergency services. The portion of CDBG funds that is proposed to be allocated
toward two eligible capital housing projects is estimated to serve up to 42 unduplicated
households. CDBG funds are proposed to serve up to a total of 163 unduplicated households for
fiscal year 2016-17.
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INTRODUCTION
The Action Plan is a one-year plan which describes the eligible programs, projects and activities
to be undertaken with funds expected during fiscal year 2016-17 (July 1, 2016 – June 30, 2017)
and their relationship to the priority housing, homeless and community development needs
outlined in the 2015-20 Consolidated Plan.
FEDERAL RESOURCES
The City of Cupertino’s Action Plan for fiscal year 2016-17 is a comprehensive approach to
addressing the immediate community needs of households who are low-income. The Action Plan
is based on an estimated CDBG 2016-17 entitlement amount of $307,592 that the City
anticipates will be received from HUD plus an estimated amount of $7,000 in PI, plus an
estimated $80,000 in available uncommitted funds from the prior fiscal year 2015-16. A list of
all applications received per funding source for fiscal year 2016-17 along with the agencies
proposed to receive funding is included in this document. A list of program and/or project
descriptions along with proposed annual goals for each of the agencies is also included in this
document.
PI is derived from outstanding CDBG rehabilitation program loan repayments and is estimated to
total $7,000 and is proposed to be allocated for fiscal year 2016-17. A portion of that PI will be
allocated to support administration and eligible public service activities. It is estimated that the
City of Cupertino will allocate $47,188 toward eligible public service activities for 2016-17.
Consistent with CDBG regulations, this amount represents no more than 15% of the combined
total of the City’s entitlement amount and PI.
In 1999 HUD informed the Santa Clara County that the San Jose Metropolitan Statistical Area is
one of the high-income areas where the income limits were increased to the actual 80% of
median income, adjusted for household size. The City of Cupertino will continue to use the
actual 80% of median income limits for all of its CDBG programs in the 2016 Program Year.
Individual activities may use a lower income eligibility criterion.
OTHER RESOURCES
Below Market-Rate (BMR) Affordable Housing Fund (AHF)
The BMR AHF receives its revenue from the payment of housing mitigation fees from non-
residential (office, commercial, retail, research and development (R&D), hotel and industrial)
and residential development. The non-residential housing mitigation fee jobs/housing nexus
study acknowledges housing needs created by the development of office, commercial, retail,
hotel, R&D and industrial development. A fee is applied to new square footage of non-residential
development in the City. The fees collected are deposited in the City's BMR AHF and are to be
used for the provision of affordable housing.
The City's residential housing mitigation fee applies to all new residential development greater
than one unit. Residential developers are required to designate at least 15% of the units in an
ownership development as affordable and are required to pay an impact fee for rental
developments. These designated units are identified as the BMR units. For ownership
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developments of six or fewer units or in the case of all rental developments, the developer may
pay a fee in-lieu of building the affordable units. All affordable units developed under the BMR
program must remain affordable for 99 years from the date of first occupancy and, if for sale
units are resold during that period, a new 99 year time period is established.
The City recently had a residential nexus study analysis and non-residential jobs/housing nexus
study completed in 2015. As a result the City Council adopted updated housing mitigation fees
which went into effect in July 2015 for both residential and non-residential development. With
newly updated fees, the City anticipates increased revenue growth for its BMR AHF.
The City administers the BMR AHF which generates its revenue from the collection of
residential and non-residential housing mitigation fees. Potential uses of BMR AHF funds
include, but are not limited to the following:
1. BMR Program Administration
2. Land Acquisition
3. New Construction
4. Acquisition and/or rehabilitation of building for permanent affordability
5. Preserving “at-risk” BMR units
6. Substantial Rehabilitation
7. Rental Operating Subsidies
8. Down Payment Assistance
9. Direct Gap Financing
10. Fair Housing
A portion of the BMR AHF funds will be targeted to benefit the following groups, to the extent
that these target populations are found, to be consistent with the needs identified in the nexus
study:
1. Extremely low-income households and
2. Persons with specials needs (such as the elderly, victims of domestic violence,
and the disabled, including persons with development disabilities).
General Fund Human Service Grants (HSG) Program
Annually the City Council allocates approximately $40,000 from the General Fund to public and
human service agencies within the City of Cupertino.
West Valley Community Services (WVCS)
WVCS is a non-profit organization that assists with the administration of the City’s BMR
ownership and rental programs. WVCS also administers additional affordable housing programs
in-house which include providing support services to homeless individuals and managing a
transitional housing facility. Further, WVCS acts as the administrative agent on behalf of the
City of Cupertino in managing and monitoring the BMR program.
Housing Trust Silicon Valley (HTSV)
The HTSV is a public/private venture, dedicated to increasing affordable housing in Santa Clara
County. The HTSV makes available funds for developers to borrow for the construction of the
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affordable units. Cupertino originally contributed $250,000 to the fund and accessed the fund to
assist in the development of Vista Village, a 24-unit affordable apartment complex constructed
by BRIDGE Housing and Cupertino Community Services. Subsequently, the City contributed
$25,000 in 2008, 2009 and 2010 and an additional $1,000,000 in 2011.
HOME Investment Partnerships Program (HOME)
The City joined the Santa Clara County HOME Consortium in June 2014. Developers who are
interested in developing affordable housing in the City of Cupertino can apply for HOME funds
through a competitive process for their proposed projects through the Santa Clara County HOME
Consortium.
Mortgage Credit Certificate (MCC) Program
The MCC program provides assistance to first-time homebuyers by allowing an eligible
purchaser to take 20% of their annual mortgage interest payment as a tax credit against federal
income taxes. Santa Clara County administers the MCC Program on behalf of the jurisdictions in
the County, including Cupertino. The program does establish maximum sales price limits on
units assisted in this program and, due to the high housing costs in Cupertino, there have been
few households assisted in Cupertino in recent years.
Second Unit Program
The City's Second Unit Ordinance allows an additional unit to be built on any single-family
residential parcel. The objective of this Ordinance is to encourage additional units on already
developed parcels, such as parcels with single-family dwellings.
Santa Clara County Affordable Housing Fund (SCCAHF)
In July 2002, the Santa Clara County Board of Supervisors created an Office of Affordable
Housing and established a housing trust fund in the amount of $18.6 million to be used for
affordable housing developments. The primary goal of the fund is to leverage funding with other
sources and create affordable housing in Santa Clara County.
Section 8 Housing Choice Voucher Program
The Housing Authority of the County of Santa Clara (HACSC) provides rental subsidies and
develops affordable housing for low-income families, seniors and persons with disabilities living
within Santa Clara County.
Density Bonus Ordinance
The City's Density Bonus Ordinance allows up to a 35% increase in density for developments
greater than 5 units that provide a proportion of units for very low or low-income households or
housing for senior citizens. In addition to the density bonus, certain incentives and/or
concessions may also be eligible for the developer to apply for.
CITIZEN PARTICIPATION
The Housing Division of the Community Development Department is the lead agency for
overseeing the development of the Consolidated Plan and Action Plan.
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Per the City’s adopted Citizen Participation Plan the City is to allow a 30 day public review
comment period for the Action Plan. The City has published notifications of upcoming public
hearings and the 30 day public review comment period in the local Cupertino Courier newspaper
of general circulation. The City held two advertised public hearings on March 10, 2016 and April
19, 2016. The Action Plan 30 day public review period occurred from March 7, 2016 through
April 8, 2016. The City has not received any public comments to-date.
CONSULTATION WITH OTHER JURISDICTIONS
As standard practice, CDBG entitlement jurisdictions from throughout Santa Clara County hold
quarterly meetings to discuss issues of common interest. Meeting agendas cover such topics as
federal, state and local program and project requirements, policy updates, legal updates, HUD
program administration requirements, and other topics of mutual concern. A local HUD field
representative is also invited to attend or join via conference call for these quarterly meetings.
These meetings provide an opportunity for the City to consult with other jurisdictions on its
proposed use of federal funds for the 2016 Program Year.
GEOGRAPHIC DISTRIBUTION
A map is attached which outlines the City’s minority and LMI concentration areas. Most of the
City’s CDBG public service and capital housing project funded activities benefit LMI
household’s city-wide.
ANTI-POVERTY STRATEGY
In a continuing effort to reduce poverty, the city of Cupertino will make it a priority to fund
agencies that provide direct assistance to the homeless and those in danger of becoming
homeless and make a commitment to improve the communication and service delivery
capabilities of agencies and organizations that provide programs to assist the homeless.
Depending on funding availability, Cupertino will continue to provide assistance to public
agencies and nonprofit organizations providing neighborhood housing services, supportive
services to the homeless, older adults with physical or mental impairment, the mentally ill,
victims of domestic violence, and households with abused children among others.
Coordinate with public agencies providing job training, life skills training, lead poisoning
prevention and remediation and other education programs are listed in the 2015-20 Consolidated
Plan strategies.
HOMELESS AND SPECIAL NEEDS
In previous years, the City of Cupertino appropriated $20,000 in CDBG funds for the Sobrato
Family Living Center Project and contributed to the Home Safe-Santa Clara providing
transitional housing for survivors of domestic violence who are considered at-risk for
homelessness. Most recently, in a 2008 mid-year reallocation, the City contributed $800,000 to
Maitri, a non-profit agency providing transitional housing to victims of domestic violence, for
the purchase of a four-plex in Cupertino.
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In addition to these capital project subsidies, the City has recently supported the reopening of the
Rotating Shelter Program. The City of Cupertino also continues to coordinate services to the
homeless through inter-agency efforts such as Destination HOME, Community Technology
Alliance and the regional Continuum of Care (COC). Cupertino also participated in the bi-annual
Santa Clara County Homeless Census and Survey that took place in 2015.
In addressing senior services, the City will continue advocacy for the increased dissemination of
accurate information and counseling for seniors and other persons regarding housing options
available. This will be accomplished through a cooperative effort with the Cupertino Senior
Center, West Valley Community Services and the Cupertino Public Library.
LEAD-BASED PAINT
Lead-based paint awareness and abatement will be fully integrated by the City of Cupertino into
its assisted housing programs. Each tenant, landlord and property owner will be informed of the
dangers, symptoms, testing, treatment and prevention of lead-based paint poisoning. Lead-based
paint hazard stabilization or abatement will be provided in each and every rehabilitation project.
Furthermore, adherence to Federal guidelines for reduction activities with lead-based paint is
provided for in every federally funded rehabilitation loan.
PUBLIC HOUSING
The City will continue to encourage the Housing Authority of the County of Santa Clara
(HACSC) and Housing Trust Silicon Valley (HTSV) to develop affordable units in the City of
Cupertino.
LEVERAGING OF FUNDS
To the greatest extent possible, when feasible, the City of Cupertino will leverage public and
private resources to achieve the goals of the 2015-20 Consolidated Plan. The City of Cupertino
will continue to request that affordable housing developers seek private financing, grants and
utilize other state and federal funding sources, such as the Building Equity and Growth in
Neighborhoods Program (BEGIN), HOME Investment Partnerships Program (HOME),
Multifamily Housing Program (MHP) and Low Income Housing Tax Credit (LIHTC) programs.
FAIR HOUSING
The City of Cupertino continues to support both the purpose and goal of fair housing and works
to achieve fair housing in administering federal, state and local programs. The City of Cupertino
also supports the development of affordable housing stock that is an important part of a fair
housing initiative, given the high cost of local housing. The City of Cupertino prepared and
updated an Analysis of Impediments to Fair Housing Choice (AI) in February 2016. A copy of
the updated AI was forwarded to HUD to be kept on file.
The proposed actions to be undertaken by the City in the 2016 Program Year consist of the
following:
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• The City will continue to require developers to provide relocation assistance when
residents will be displaced.
• The City will continue to provide a housing program that allows for accessibility and
modification of existing housing facilitating the needs of persons with disabilities.
• The City will continue to support non-profit organizations whose purpose is to aid in the
furthering of fair housing in the community. Methods of support could include
notification of fair housing rights and responsibilities distributed in brochures located in
public buildings, public service announcements on the local access channel or similar
methods.
• The City will continue to allow for the construction of higher density housing complexes
on a case-by-case basis when possible, for all economic segments of the community.
PROGRAM MONITORING
Performance monitoring for compliance to federal program requirements is scheduled at least
once annually for both programs and projects that are under service contract. In addition, the
City undertakes an annual Single Audit when applicable according to the requirements of the
federal Office of Management and Budget. As standard practice, notification is made to HUD on
the availability of the City's annual audit.
The City ensures monitoring compliance for public service grant contracts as follows:
Public Services
1. A CDBG Application File Checklist along with subrecipient documentation from the
checklist will be placed in each subrecipient file.
2. All subrecipients will be monitored by City staff quarterly through the collection of quarterly
invoices, quarterly progress reports and other quarterly supporting documentation
(timesheets, pay stubs, payroll records, invoices, profit/loss statements, bank statements,
etc…). Any missing information will be requested from subrecipient at that time to bring
their file into compliance.
3. Third party consultant on-site annual subrecipient monitoring will be conducted. The City
will contract with a third-party consultant to perform annual on-site subrecipient monitoring.
Any monitoring findings will be brought to compliance. The consultant will use a separate
monitoring form .
4. Annual CDBG subrecipient training will be conducted by City staff and/or it’s consultant to
assist subrecipients with monitoring and compliance regulations. A copy of the Subgrantee
Administrative Manual will also be provided to subrecipients.
5. HUD on-site monitoring. From time to time HUD staff will perform on-site monitoring of
both City staff and subrecipients.
The City ensures monitoring compliance for capital grant and/or loan contracts as follows:
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Capital Projects
1. Periodically properties and/or units that have received CDBG assistance for rehabilitation
and/or acquisition of real property will be inspected by the City or it’s designee to ensure that
all housing codes such as Health and Safety Code (H&S), Housing Quality Standards
(HQS), building codes and code enforcement standards are in compliance. A report of the
findings will be placed in the CDBG grant and/or loan file to ensure long-term compliance
with housing codes.
2. Recipients of CDBG capital project grants and/or loans for rehabilitation and acquisition of
real property will submit annual performance reports to the City by July 31 that summarizes
CDBG assisted household information such as the number of clients served, including their
monthly rent, annual income, income level, household size, race/ethnicity and whether they
are senior, disabled or female head of households for the term of their grant and/or loan
agreement.
3. Recipients of CDBG capital project grants and/or loans for rehabilitation and acquisition of
real property must maintain all required insurance coverage for the term of their grant and/or
loan agreement. A copy of insurance coverage will be placed in the CDBG grant and/or loan
file.
Recipients of CDBG capital project grants and/or loans for rehabilitation and acquisition of real
property must perform an independent fiscal audit in conformance with the generally accepted
standard account principals annually and submit to the City for the term of their grant and/or loan
agreement. A copy the financial audit will be placed in the CDBG grant and/or loan file.
URGENT OR COMMUNITY NEED
In the event of a local, state or federal disaster declaration for areas within the boundaries of the
City of Cupertino, the City will reserve the right to use CDBG funds to abate immediate and
necessary hazards. The funds may be used for staff efforts, grants or loans to affected parties, as
approved by the City Council and allowed under the federal regulations.
AMENDMENTS TO PLAN
Prior to the submission of any substantial amendment in the proposed use of funds, citizens will
be provided reasonable notice of, and the opportunity to comment on, any proposed Action Plan
amendments.
SUMMARY OF 2016-17 CDBG, HSG AND BMR AHF APPLICATIONS
The City of Cupertino adopted its 2015-20 Consolidated Plan in April 2015. The City intends to
provide funding in fiscal year 2016-17 to housing activities which are consistent with the
adopted 2015-20 Consolidated Plan. Listed below is a summary of fiscal year 2016-17
Community Development Block Grant (CDBG) Program, General Fund Human Service Grants
(HSG) Program and Below Market-Rate (BMR) Affordable Housing Fund (AHF) applications
that are recommended for funding and their relationship to 2015-20 Consolidated Plan goals,
strategies and actions that the City intends to fund.
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Community Development Block Grant (CDBG) Public Service Applications:
Application #1
Application #2
Note: CDBG public service funded amounts may be reduced or increased. If the federal budget is reduced or
increased for fiscal year 2016-17, CDBG grant applicant amounts that are recommended for funding will also be
reduced or increased proportionately.
Community Development Block Grant (CDBG) Capital Housing Project Applications:
Application #1
Name of Organization: Live Oak Adult Day Services
Name of Program: Senior Adult Day Care
Funding Request: $15,098
Annual Goal: Serve 21 unduplicated frail, depended, low-income Cupertino seniors.
Program Description:
Provide services for seniors at-risk of being institutionalized. Provide specialized
program such as recreation, mental stimulation, companionship and meals to
seniors.
Funding Recommendation: $15,098
Relationship to 2015-20
Consolidated Plan
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
Name of Organization: West Valley Community Services (WVCS)
Name of Program: Community Access to Resource and Education (CARE)
Funding Request: $25,000
Annual Goal: Serve a total of 100 unduplicated households by providing case management and
support services.
Program Description:
The CARE program incorporates both case management and wrap around services
to help at-risk and vulnerable household’s manage crisis and provide stabilization
to help them move towards self-sufficiency. The target population of the CARE
program includes low-income seniors, families with children, at-risk youth and
adults. The CARE program includes case management, access to food pantry and
emergency financial assistance.
Funding Recommendation: $32,090
Relationship to 2015-20
Consolidated Plan
Goal #2: Homelessness.
Goal Description: Support activities to prevent and end homelessness.
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
Name of Organization: Rebuilding Together Silicon Valley (RTSV)
Name of Project: Housing Repair and Rehabilitation Project
Funding Request: $60,300
Annual Goal: Repair homes to 7 unduplicated Cupertino households.
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Application #2
Note: CDBG project amounts may be reduced or increased. If the federal budget is reduced or increased for fiscal
year 2016-17, CDBG grant applicant amounts that are recommended for funding will also be reduced or increased
proportionately.
General Fund Human Service Grants (HSG) Applications:
Application #1
Application #2
Project Description:
Provide home safety repairs, mobility and accessibility improvements for low-
income households in Cupertino with the primary consideration being the
correction of safety hazards.
Funding Recommendation: $60,300
Relationship to 2015-2020
Consolidated Plan
Goal#1: Affordable Housing.
Goal Description: Assist in the creation and preservation of affordable housing for
low-income and special needs households.
Name of Organization: City of Cupertino Public Works Department
Name of Project: City-wide Curb Ramp Installation Project
Funding Request: $200,000
Annual Goal: Installation of up to 35 ADA curb ramps in various locations throughout the City.
Project Description:
The project aims to bridge gaps in accessibility by constructing and upgrading curb
ramps. The objective of the project is to allow for a continuous path of travel
through the public right of way specifically providing accessibility to the general
public including the disabled.
Funding Recommendation: $224,184
Relationship to 2015-20
Consolidated Plan
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
Name of Organization: Catholic Charities of Santa Clara County
Name of Program: Long-Term Care Ombudsman
Funding Request: $6,500
Annual Goal:
Provide advocacy by contacting 224 unduplicated residents, 48 unannounced visits
to five Cupertino long-term care facilities and investigate and resolve up to 16
complaints.
Program Description:
Provide advocacy for Cupertino residents in long-term care facilities to ensure they
have a voice in their own care and treatment. The program will receive, investigate
and resolve any complaints associated with the care of the long-term care facility
residents.
Funding Recommendation: $6,500
Relationship to 2015-20
Consolidated Plan
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
Name of Organization: Senior Adults Legal Assistance
Name of Program: Legal Assistance to Elders
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Application #3
Below Market-Rate (BMR) Affordable Housing Fund (AHF) Applications:
Application #1
Funding Request: $10,100
Annual Goal: Serve 40 Cupertino seniors.
Program Description:
Provides free legal services to low-income seniors at the Cupertino Senior Center.
Legal services provided are in the area of consumer complaints, housing, elder
abuse, and simple wills.
Funding Recommendation: $10,100
Relationship to 2015-20
Consolidated Plan
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
Name of Organization: Maitri
Name of Program: MTH – Direct Client Services
Funding Request: $15,000
Annual Goal: Maitri will provide transitional housing to 16 unduplicated households.
Program Description:
Provides transaction housing and related supportive services to low-income victims
of domestic violence who are at high risk of becoming homeless and/or suffering
further abuse to themselves and their children.
Funding Recommendation: $23,400
Relationship to 2015-20
Consolidated Plan
Goal #2: Homelessness.
Goal Description: Support activities to prevent and end homelessness.
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
Name of Organization: West Valley Community Services (WVCS)
Name of Program: Affordable Placement Program
Funding Request: $122,400
Annual Goal:
Annually monitor existing 121 BMR ownership units, annually income recertify
138 BMR rental units. Place new affordable income households into either BMR
for-sale or rental units within the City of Cupertino. Manage BMR waiting list,
monitor BMR units, perform orientation and assist with marketing.
Program Description:
West Valley Community Services (WVCS) is responsible for the monitoring,
screening and placement services for the City of Cupertino’s BMR for-sale and
rental housing units. WVCS maintains a waiting list for qualified applicants and
provides services to those placed in the BMR affordable units.
Funding Recommendation: $122,400
Relationship to 2015-20
Consolidated Plan
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
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Application #2
Application #3
Application #4
Application #5
Name of Organization: Project Sentinel
Name of Program: Landlord/Tenant Rental Mediation
Funding Request: $35,000
Annual Goal: Intake 150 information and referral calls, open 40 landlord/tenant mediation cases
and counsel 40 households.
Program Description:
Provides information and dispute resolution services to tenants, mobile home
owners, and landlords. Project Sentinel answers questions and helps to resolve
disputes such as deposits, repairs, rent increases, nonpayment of rent, other rental
housing and mobile home park issues. Provides free counseling services.
Funding Recommendation: $35,000
Relationship to 2015-20
Consolidated Plan
Goal #3: Strengthen Neighborhoods.
Goal Description: Support activities that strengthen neighborhoods through the
provision of community services and public improvements to benefit low-income
and special needs households.
Name of Organization: Eden Council for Hope and Opportunity (HOPE)
Name of Program: Fair Housing Services
Funding Request: $10,000
Annual Goal: Perform a total of 15 unduplicated fair housing investigative cases and audits of
suspected discrimination.
Program Description:
Provide fair housing assistance throughout the City of Cupertino, including
conducting presentations, counseling housing providers and investigating
allegations of discrimination.
Funding Recommendation: $10,000
Relationship to 2015-2020
Consolidated Plan
Goal #4: Fair Housing
Goal Description: Promote fair housing choice.
Name of Organization: West Valley Community Services (WVCS)
Name of Project: 10311 & 10321 Greenwood Court Renovation Project
Funding Request: $160,000
Annual Goal: Renovate 4 residential duplexes.
Project Description:
Renovate current transitional housing units to make them more suitable for future
BMR rental housing. The renovation work will include but not be limited to
replacement of kitchen cabinets, countertops, flooring, light fixtures, doors and
windows along with interior painting.
Funding Recommendation: $160,000
Relationship to 2015-20
Consolidated Plan
Goal#1: Affordable Housing.
Goal Description: Assist in the creation and preservation of affordable housing for
low-income and special needs households.
Name of Organization: MidPen Housing Corporation
Name of Project: *19160 Stevens Creek Blvd. Senior Housing Development
Funding Request: $3,500,000
Annual Goal: Acquire site for a proposed affordable senior housing residential multi-family rental
development.
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Project Description:
Develop site for a future affordable housing senior community. The proposed
project would consist of 30 units (one manager’s unit). The project will serve
seniors between 30%-50% of the Area Median Income (AMI). The project would
require MidPen to obtain site control in order to apply for necessary funding. The
project would also require a General Plan Amendment (GPA) authorization from
the City Council for proposed rezoning of the site.
Funding Recommendation: $3,500,000
Relationship to 2015-20
Consolidated Plan
Goal#1: Affordable Housing.
Goal Description: Assist in the creation and preservation of affordable housing for
low-income and special needs households.
*Application funding would be subject to site control, City General Plan Amendment (GPA) authorization and
project approval by City Council.
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2015-20 CONSOLIDATED PLAN GOALS
The City of Cupertino adopted its 2015-20 Consolidated Plan in April 2015. Below is a list of the
2015-20 Consolidated Plan goals. The fiscal year 2016-17 CDBG, HSG and BMR AHF
applications above show their relationship to the 2015-20 Consolidated Plan.
Goal #1: Affordable Housing
Goal Description: Assist in the creation and preservation of affordable housing for low-income and
special needs housing
Goal #2: Homelessness
Goal Description: Support activities to prevent and end homelessness.
Goal #3: Strengthen Neighborhoods
Goal Description: Support activities that strengthen neighborhoods through the provision of
community services and public improvements to benefit low-income and special needs households.
Goal #4: Fair Housing
Goal Description: Promote fair housing choice.
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2015-20 CONSOLIDATED PLAN FIVE YEAR GOALS SUMMARY
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2015-20 CONSOLIDATED PLAN ANNUAL GOALS SUMMARY
CDBG 5 yr. Goal
Plan
Yr. 1 (2015)
Goal
Plan/Actual
Yr. 2 (2016)
Goal
Plan/Actual
Yr. 3 (2017)
Goal
Plan/Actual
Yr. 4 (2018)
Goal
Plan/Actual
Yr. 5 (2019)
Goal
Plan/Actual
Total
Goal #1: Affordable Housing
Rental Units
Rehabilitated 12 12 0 TBD TBD TBD 12
Owner Units
Rehabilitated 29 7 7 TBD TBD TBD 14
Goal #2: Homelessness
Public Service
Activities 340 100 100 TBD TBD TBD 200
Goal #3: Strengthen Neighborhoods
Public Service
Activities 44 11 21 TBD TBD TBD 32
Public Facility
or
Infrastructure
Activities
17 0 35 TBD TBD TBD 35
Goal #4: Fair Housing
Public Service
Activities 45 15 0 TBD TBD TBD 15
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AREAS OF MINORITY AND LMI CONCENTRATION MAP
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan
regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing,
which means it will conduct an analysis of impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments identified
through that analysis, and maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is
following a residential antidisplacement and relocation assistance plan required under section
104(d) of the Housing and Community Development Act of 1974, as amended, in connection
with any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a
condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
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5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph 4(b), with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as
applicable) and the jurisdiction possesses the legal authority to carry out the programs for
which it is seeking funding, in accordance with applicable HUD regulations.
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Consistency with plan -- The housing activities to be undertaken with CDBG, HOME,
ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of
1968, and implementing regulations at 24 CFR Part 135.
_______________________ ___________
Signature/Authorized Official Date
City Manager___________
Title
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SPECIFIC CDBG CERTIFICATIONS
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan
that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan
identifies community development and housing needs and specifies both short-term and long-
term community development objectives that provide decent housing, expand economic
opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24
part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds, it certifies that it has developed its Action Plan so as to give maximum feasible
priority to activities which benefit low and moderate income families or aid in the
prevention or elimination of slums or blight. The Action Plan may also include activities
which the grantee certifies are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and immediate
threat to the health or welfare of the community, and other financial resources are not
available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed
loans during program year(s) 2016 (a period specified by the grantee consisting of one,
two, or three specific consecutive program years), shall principally benefit persons of
low and moderate income in a manner that ensures that at least 70 percent of the amount
is expended for activities that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed funds by
assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of
obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that
relates to the capital costs of public improvements (assisted in part with CDBG funds)
financed from other revenue sources, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than CDBG
funds.
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The jurisdiction will not attempt to recover any capital costs of public improvements
assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay
the proportion of fee or assessment attributable to the capital costs of public
improvements financed from other revenue sources. In this case, an assessment or charge
may be made against the property with respect to the public improvements financed by a
source other than CDBG funds. Also, in the case of properties owned and occupied by
moderate-income (not low-income) families, an assessment or charge may be made
against the property for public improvements financed by a source other than CDBG
funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act
(42 USC 3601-3619), and implementing regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements
of 24 CFR Part 35, subparts A, B, J, K and R;
Compliance with Laws -- It will comply with applicable laws. _ ______________________________________ ____________________________________ Signature/Authorized Official Date _City Manager___________
Title
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27
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant
agreement, the grantee is providing the certification.
2. The certification is a material representation of fact upon which reliance is
placed when the agency awards the grant. If it is later determined that the
grantee knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, HUD, in addition to any
other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need
not be identified on the certification. If known, they may be
identified in the grant application. If the grantee does not identify
the workplaces at the time of application, or upon award, if there is
no application, the grantee must keep the identity of the
workplace(s) on file in its office and make the information available
for Federal inspection. Failure to identify all known workplaces
constitutes a violation of the grantee's drug-free workplace
requirements.
4. Workplace identifications must include the actual address of
buildings (or parts of buildings) or other sites where work under
the grant takes place. Categorical descriptions may be used (e.g.,
all vehicles of a mass transit authority or State highway department
while in operation, State employees in each local unemployment
office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the
performance of the grant, the grantee shall inform the agency of the
158
28
change(s), if it previously identified the workplaces in question (see
paragraph three).
6. The grantee may insert in the space provided below the site(s)
for the performance of work done in connection with the specific
grant:
Place of Performance (Street address, city, county, state, zip code) __ 10300 Torre Avenue, Cupertino, CA 95014 and any satellite offices.____________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Check if there are workplaces on file that are not identified here.
This information with regard to the drug-free workplace is required by 24 CFR part 21.
7. Definitions of terms in the Nonprocurement Suspension and Debarment
common rule and Drug-Free Workplace common rule apply to this
certification. Grantees' attention is called, in particular, to the following
definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo contendere)
or imposition of sentence, or both, by any judicial body charged with the
responsibility to determine violations of the Federal or State criminal drug
statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of
any controlled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All "direct charge"
employees; (ii) all "indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are on the grantee's payroll.
This definition does not include workers not on the payroll of the grantee
(e.g., volunteers, even if used to meet a matching requirement; consultants
159
29
or independent contractors not on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces).
160
OMB Number: 4040-0004
Expiration Date: 8/31/2016
* 1. Type of Submission:* 2. Type of Application:
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:5b. Federal Award Identifier:
6. Date Received by State:7. State Application Identifier:
* a. Legal Name:
* b. Employer/Taxpayer Identification Number (EIN/TIN):* c. Organizational DUNS:
* Street1:
Street2:
* City:
County/Parish:
* State:
Province:
* Country:
* Zip / Postal Code:
Department Name:Division Name:
Prefix:* First Name:
Middle Name:
* Last Name:
Suffix:
Title:
Organizational Affiliation:
* Telephone Number:Fax Number:
* Email:
* If Revision, select appropriate letter(s):
* Other (Specify):
State Use Only:
8. APPLICANT INFORMATION:
d. Address:
e. Organizational Unit:
f. Name and contact information of person to be contacted on matters involving this application:
Application for Federal Assistance SF-424
Preapplication
Application
Changed/Corrected Application
New
Continuation
Revision
B-15-MC-06-0057
B-15-MC-06-0057
City of Cupertino
94-6027368 0049524790000
10300 Torre Avenue
Cupertino
CA: California
USA: UNITED STATES
95014
Community Development Dept.Housing Division
Mr.Christopher
J.
Valenzuela
Senior Housing Planner
City of Cupertino
408.777.3251 408.777.3333
christopherv@cupertino.org
161
* 9. Type of Applicant 1: Select Applicant Type:
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
11. Catalog of Federal Domestic Assistance Number:
CFDA Title:
* 12. Funding Opportunity Number:
* Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF-424
C: City or Township Government
U.S. Department of Housing and Urban Development
14-218
Community Development Block Grant
Community Development Block Grant Program
View AttachmentsDelete AttachmentsAdd Attachments
View AttachmentDelete AttachmentAdd Attachment
162
* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.
Prefix:* First Name:
Middle Name:
* Last Name:
Suffix:
* Title:
* Telephone Number:
* Email:
Fax Number:
* Signature of Authorized Representative:* Date Signed:
18. Estimated Funding ($):
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Application for Federal Assistance SF-424
* a. Applicant
Attach an additional list of Program/Project Congressional Districts if needed.
* b. Program/Project
* a. Start Date:* b. End Date:
16. Congressional Districts Of:
17. Proposed Project:
15th 15th
Add Attachment Delete Attachment View Attachment
06/30/201707/01/2016
307,592.00
7,000.00
314,592.00
a. This application was made available to the State under the Executive Order 12372 Process for review on
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
c. Program is not covered by E.O. 12372.
Yes No
Add Attachment Delete Attachment View Attachment
** I AGREE
Mr.David
Brandt
City Manager
408.777.3250 408.777.3366
davidb@cupertino.org
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.)
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
If "Yes", provide explanation and attach
163
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING
THE 2016-17 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ANNUAL ACTION PLAN
WHEREAS, the Housing and Community Development Act of 1974 provides that funds
be made available for the Community Development Block Grant (CDBG) program; and
WHEREAS, the City of Cupertino is required to submit a 2016-17 CDBG Annual Action
Plan to the United States Department of Housing and Urban Development (HUD) for review
and approval prior to being allowed to expend CDBG funds for fiscal year 2016-17; and
NOW, THEREFORE BE IT RESOLVED that the City of Cupertino makes the certifications
required by 24 CFR Sections 91.225 and 570.303 as contained in the CDBG Annual Action Plan
for fiscal year 2016-17; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby
approves the 2016-17 CDBG Annual Action Plan; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit the
2016-17 CDBG Annual Action Plan approved by the City Council of the City of Cupertino to
HUD.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
19th day of April, 2016 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt Barry Chang
City Clerk Mayor, City of Cupertino
164
Proof of Publication
To Be Inserted Here
165
No.Fiscal Year 2016/17
Grant Application Summary
Est. FY 2016/17
Funds Available
FY 2016/17
Funding Requests
FY 2016/17 Housing
Commission
Funding
Recommendations
FY 2016/17
Est. Balance of
Available Funds After
Funding
Recommendations
FY 2015/16
Funding
Allocations
1 CDBG Public Service Applications:
(Two-Year Funding Cycle, FY 2016/17 & 17/18)
a Live Oak Adult Day Services - Senior Adult Day Care 15,098.00$ 15,098.00$ 14,254.00$
b West Valley Community Services - Community Access to Resource and Education
(CARE)25,000.00$ 32,090.00$ 22,991.00$
Sub-Total $ 47,188.00 $ 40,098.00 $ 47,188.00 -$ 37,245.00$
2 CDBG Capital/Housing Project Applications:
(One-Year Funding Cycle, FY 2016/17)
a Rebuilding Together Silicon Valley - Housing Repair and Rehabilitation Project $ 60,300.00 $ 60,300.00 $ 60,300.00
b City of Cupertino Public Works Department - City-wide Curb Ramp Installation Project $ 200,000.00 $ 224,184.00 $ -
Sub-Total $ 284,484.00 $ 260,300.00 $ 284,484.00 -$ 60,300.00$
3 CDBG Program Administration:
(One-Year Funding Cycle, FY 2016/17)
a Administration $ 62,918.00 $ 62,918.00 $ - $ 61,309.00
Sub-Total $ 62,918.00 $ 62,918.00 $ 62,918.00 -$ 61,309.00$
4 General Fund Human Service Grants (HSG) Applications:
(Two-Year Funding Cycle, FY 2016/17 & 17/18)
a Catholic Charities of Santa Clara County - Long-Term Care Ombudsman $ 6,500.00 $ 6,500.00 $ 6,500.00
b Senior Adults Legal Assistance - Legal Assistance to Elders $ 10,100.00 $ 10,100.00 $ 9,800.00
c Maitri - MTH Direct Client Services $ 15,000.00 $ 23,400.00 $ 12,000.00
Sub-Total $ 40,000.00 $ 31,600.00 $ 40,000.00 -$ 28,300.00$
5 Below Market-Rate (BMR) Affordable Housing Fund (AHF) Applications
(Two-Year Funding Cycle, FY 2016/17 & 17/18):
a West Valley Community Services - Affordable Placement Program $ 122,400.00 $ 122,400.00 $ 109,000.00
b Project Sentinel - Landlord/Tenant Rental Mediation $ 35,000.00 $ 35,000.00 $ 30,000.00
c Eden Council for Hope and Opportunity (ECHO) - Fair Housing Services $ 10,000.00 $ 10,000.00 $ 8,737.00
d West Valley Community Services - 10311 & 10321 Greenwood Court Renovation Project $ 160,000.00 $ 160,000.00 $ -
e *MidPen Housing Corporation - 19160 Stevens Creek Blvd. Senior Housing
Development $ 3,500,000.00 $ 3,500,000.00 $ -
Sub-Total $ 8,000,000.00 $ 3,827,400.00 $ 3,827,400.00 $ 4,172,600.00 $ 147,737.00
TOTAL $ 8,434,590.00 $ 4,222,316.00 $ 4,261,990.00 $ 4,172,600.00 $ 334,891.00
*Application funding approval would only apply to fiscal year 2016-17. Application funding approval and prior to any City funds being disbursed for this proposed project, the applicant would be subject to providing
sufficient documentation of site control, City Council General Plan Amendment (GPA) authorization to proceed with a development application for the property to be rezoned and other conditions set forth by the City
Council.
166
Page 1 of 5 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
Fiscal Year 2016-17 CDBG, HSG and BMR AHF
Grant Application Descriptions
Community Development Block Grant (CDBG) Public Service Grants:
Application 1a.
Name of Organization: Live Oak Adult Day Services
Name of Program: Senior Adult Day Care
Annual Goal: Serve 21 unduplicated frail, dependent, low-income
Cupertino seniors.
Program Description: Provides services for seniors at-risk of being
institutionalized. Provides specialized programs such as
recreation, mental stimulation, companionship and
nutritious meals to seniors.
Funding Request: $15,098
Housing Commission
Funding Recommendation: $15,098
Application 1b.
Name of Organization: West Valley Community Services (WVCS)
Name of Program: Community Access to Resource and Education (CARE)
Annual Goal: Serve a total of 100 unduplicated households by providing
case management and support services.
Program Description: The CARE program incorporates both case management and
wrap around services to help at-risk and vulnerable
household’s mange crisis and provide stabilization to help
them move towards self-sufficiency. The target population
of the CARE program includes low-income seniors, families
with children, at-risk youth and adults. The CARE program
includes case management, access to food pantry and
emergency financial assistance.
Funding Request: $25,000
Housing Commission
Funding Recommendation: $32,090
Community Development Block Grant (CDBG) Capital Housing Projects:
Application 2a.
Name of Organization: Rebuilding Together Silicon Valley (RTSV)
Name of Project: Housing Repair and Rehabilitation Project
Annual Goal: Repair homes to 7 unduplicated Cupertino households.
167
Page 2 of 5 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
Project Description: Provide home safety repairs, mobility and accessibility
improvements with the primary consideration being the
correction of safety hazards.
Funding Request: $60,300
Housing Commission
Funding Recommendation: $60,300
Application 2b.
Name of Organization: City of Cupertino Public Works Department
Name of Project: City-wide Curb Ramp Installation
Annual Goal: Installation of up to 35 ADA curb ramps in various locations
throughout the City.
Project Description: The project aims to bridge gaps in accessibility by
constructing and upgrading curb ramps. The objective of
the project is to allow for a continuous path of travel through
the public right of way specifically providing accessibility to
the general public including the disabled.
Funding Request: $200,000
Housing Commission
Funding Recommendation: $224,184
General Fund Human Service Grants (HSG):
Application 4a.
Name of Organization: Catholic Charities of Santa Clara County
Name of Program: Long-Term Care Ombudsman
Annual Goal: Provide advocacy by contacting up to 224 unduplicated
residents, 48 unannounced visits to five Cupertino long-term
care facilities and investigate and resolve up to 16
complaints.
Program Description: Provide advocacy for Cupertino residents in long-term care
facilities to ensure they have a voice in their own care and
treatment. The program will receive, investigate and resolve
any complaints associated with the care of the long-term
care facility residents.
Funding Request: $6,500
Housing Commission
Funding Recommendation: $6,500
168
Page 3 of 5 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
Application 4b.
Name of Organization: Senior Adults Legal Assistance (SALA)
Name of Program: Legal Assistance to Cupertino Elders
Annual Goal: Serve 40 Cupertino seniors.
Program Description: Provides free legal services to low-income seniors at the
Cupertino Senior Center. Legal services provided are in the
area of consumer complaints, housing, elder abuse, and
simple wills.
Funding Request: $10,100
Housing Commission
Funding Recommendation: $10,100
Application 4c.
Name of Organization: Maitri
Name of Program: MTH – Direct Client Services
Annual Goal: Maitri will provide transitional housing to 16 unduplicated
households.
Program Description: Provides transitional housing and related supportive
services to low-income victims of domestic violence who are
at high risk of becoming homeless and/or suffering further
abuse to themselves and their children.
Funding Request: $15,000
Housing Commission
Funding Recommendation: $23,400
Below Market-Rate (BMR) Affordable Housing Fund (AHF):
Application 5a.
Name of Organization: West Valley Community Services (WVCS)
Name of Program: Affordable Placement Program
Annual Goal: Annually monitor existing 121 BMR ownership units,
annually income recertify 138 BMR rental units. Place new
affordable income households into either BMR for-sale or
rental units within the City of Cupertino. Manage BMR
waiting list, monitor BMR units, perform orientations and
assist with marketing.
Program Description: WVCS assist with monitoring, screening and placement
services for the City of Cupertino’s Below Market-Rate
(BMR) for-sale and rental housing units. WVCS maintains a
169
Page 4 of 5 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
waiting list for qualified applicants and provides services to
those placed in the BMR affordable units.
Funding Request: $122,400
Housing Commission
Funding Recommendation: $122,400
Application 5b.
Name of Organization: Project Sentinel
Name of Program: Landlord/Tenant Rental Mediation
Annual Goal: Intake 150 information and referral calls, open 40
landlord/tenant mediation cases and counsel 40 households.
Program Description: Provides information and dispute resolution services to
tenants, mobile home owners and landlords. Answers
questions and helps to resolve disputes such as deposits,
repairs, rent increases and nonpayment of rent. Provides free
counseling services.
Funding Request: $35,000
Housing Commission
Funding Recommendation: $35,000
Application 5c.
Name of Organization: Eden Council for Hope and Opportunity (ECHO)
Name of Program: Fair Housing Services
Annual Goal: Perform a total of 15 unduplicated fair housing investigative
cases and audits of suspected discrimination.
Program Description: Provide fair housing assistance throughout the City of
Cupertino, including conducting presentations, counseling
housing providers and investigating allegations of
discrimination.
Funding Request: $10,000
Housing Commission
Funding Recommendation: $10,000
Applicant 5d.
Name of Organization: West Valley Community Services (WVCS)
Name of Project: 10311 & 10321 Greenwood Court Renovation
Annual Goal: Renovate 4 residential duplexes.
Project Description: Renovate current transitional housing units to make them
more suitable for future BMR rental housing. The
170
Page 5 of 5 2016-17 Community Development Block Grant (CDBG) Program April 19, 2016
Annual Action Plan and 2016-17 Grant Funding Allocations
renovation work will include but not be limited to
replacement of kitchen cabinets, countertops, flooring, light
fixtures, doors and windows along with interior painting.
Funding
Request: $160,000
Housing Commission
Funding Recommendation: $160,000
Application 5e.
Name of Organization: MidPen Housing Corporation
Name of Project: 19160 Stevens Creek Blvd. Senior Housing Development
Annual Goal: Acquire site for a proposed affordable senior housing
residential multi-family rental development.
Project Description: Develop site for a future affordable housing senior
community. The proposed project would consist of 30 units
(one manager’s unit). The project will serve seniors between
30%-50% of the Area Median Income (AMI). The project
would require MidPen to obtain site control in order to
apply for necessary project funding. The project would also
require a General Plan Amendment (GPA) authorization
from the City Council for proposed rezoning of the site.
Funding Request: $3,500,000
Housing Commission
Funding Recommendation: $3,500,000
171
Page 1 of 21
FY 2016-17 General Fund Human Service Grants (HSG) City/Non-Profit Contract
GENERAL FUND HUMAN SERVICE GRANTS (HSG) PROGRAM
CITY/NON-PROFIT CONTRACT
(Services Only)
THIS General Fund Human Services Grants (HSG) Program City/Non-Profit Contract
(the "Contract") is entered into between the CITY OF CUPERTINO, a political subdivision of
the State of California (hereinafter “CITY”), and
______________________________________________________
a non-profit public benefit corporation (hereinafter “CORPORATION”). The allocation of funds
pursuant to this Contract will be a grant. CITY approved the allocation and disbursement of
General Fund Human Service Grants (HSG) funds (hereinafter “Grant”) to CORPORATION on
_____________________.
WITNESSETH
WHEREAS, CITY has reserved a portion of its HSG funds to be used on activities that
benefit Cupertino’s residents; and,
WHEREAS, CITY has agreed to the use by CORPORATION of a portion of CITY’S
HSG budget for the Program as described below to be operated within CITY and will benefit low
and very low-income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
CITY agrees to allocate a portion of its current HSG budget to CORPORATION, being
the sum of ___________________________________________________ for the purpose of
implementing the CORPORATION’S program (hereinafter “Program”), as more particularly
described in numerous exhibits marked as noted herein, attached to this Contract, incorporated
by this reference, as though fully set forth, as follows: Exhibit “A” (Program Description),
Exhibit “B” (Program Work Plan), Exhibit “C” (Proposed Implementation Time Schedule),
Exhibit “D” (Program Budget), and Exhibit “E” (Insurance and Bond Requirements).
II. TERM
A. The purpose of this Contract is for the CITY to disburse HSG funds for eligible activities.
Unless amended prior to its expiration, the term of this Contract for disbursement purposes will
begin on _____________ and will end on ______________ unless terminated earlier pursuant to
Section VII or Section VIII of this Contract.
B. The term of the expenditure by CORPORATION of the allocation provided for herein
will begin on _______________ and terminate on the earliest of the following dates as set forth
herein: _______________, or later date per amendment to this Contract; or upon the termination
date established pursuant to Section VII or Section VIII of this Contract.
172
Page 2 of 21
FY 2016-17 General Fund Human Service Grants (HSG) City/Non-Profit Contract
III. SECOND YEAR RENEWAL OPTIONS
The term of this Contract may be extended by an amendment to disburse the CITY’S Grant
funds authorized by City Council for the fiscal year subsequent to the initial term of this
Contract, contingent on the following requirements and process:
A. Authorization by CITY to expend funds for the purposes of this Contract;
B. CITY’S appropriation of funds for this Program;
C. CORPORATION’S satisfactory performance, as determined by the CITY, of all it’s
obligations as stated in this Contract;
D. Submission to CITY of Proof of Insurance.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION will:
1. Provide CITY with copies of the following documents, evidencing filing with
the appropriate governmental agency:
a) Its Articles of Incorporation under the laws of the State of California;
b) A copy of the current Bylaws of CORPORATION;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and,
e) An adopted copy of CORPORATION’S personnel policies and
procedures.
2. During the Contract term, immediately report any changes, subsequent to the
date of this Contract, in CORPORATION’S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to DIRECTOR.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public, meetings of its Board of Directors, if required by
California’s open meeting laws, except meetings, or portions thereof, dealing with
personnel or litigation matters or as otherwise provided by law.
5. Keep minutes of all its regular and special meetings.
173
Page 3 of 21
FY 2016-17 General Fund Human Service Grants (HSG) City/Non-Profit Contract
6. Comply with all provisions of California and Federal Non-Profit Corporation
Laws.
7. Provide to the CITY a copy of a resolution authorizing the
CORPORATION's execution of this Contract. The CORPORATION hereby warrants to
the CITY that this Contract is a legal, valid, and binding obligation of the
CORPORATION enforceable in accordance with its terms, and that the execution and
delivery of this Contract and the performance of the CORPORATION's obligations have
been duly authorized by the CORPORATION.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino, for the purpose of
benefiting low and very low-income households.
2. File quarterly reports as required by CITY on the type and number of services
rendered through the operation of the PROGRAM, and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROGRAM is
achieving its objectives and goals according to the standards established by CITY. The
progress reports will be due ten days after the close of each reporting period and must
cover the three months immediately preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication
of services.
4. Seek out and apply for other sources of revenue in support of its operation or
services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten days.
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate program-related publicity and
publications using words to the effect: “funded in whole or in part by the City of
Cupertino General Funds.”
C. Fiscal Responsibilities of CORPORATION. CORPORATION will:
1. Appoint and submit the name of a fiscal agent who will be responsible for the
financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in
writing of the appointment of any new fiscal agent and that agent’s name.
2. If the term of this Contract is extended by an amendment for a second fiscal
year, submit a satisfactory Audit within 150 days of CORPORATION’s fiscal year
encompassed by the first year of this Contract.
174
Page 4 of 21
FY 2016-17 General Fund Human Service Grants (HSG) City/Non-Profit Contract
3. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
4. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges
incurred during the Contract term. All invoices must be submitted by the Contract
expiration date or within such other time period specified by the CITY for this Contract
term. Funds not disbursed will be returned to the City for future reallocation.
5. Certify current and continuous insurance coverage, subject to CITY approval
and in accordance with requirements as outlined in Exhibit E, “Insurance and Bond
Requirements.”
6. Items 1) through 5) above are express conditions precedent to disbursement of
any CITY funding and failure to comply with these conditions will, at discretion of
CITY, result in suspension of funding or termination of this Contract.
7. If CORPORATION does not use Grant funds in accordance with the
requirements of this Contract; CORPORATION is liable for repayment of all disallowed
costs. Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings, which may lead to
disallowed costs subject to provisions of OMB Circular A-122, “Cost Principles for Non-
Profit Organizations.”
D. Establishment and Maintenance of Records. CORPORATION shall:
1. Maintain complete and accurate records of all its transactions including, but
not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks,
bank statements, client statistical records, personnel, property and all other pertinent
records sufficient to reflect properly (a) all direct and indirect costs of whatever nature
claimed to have been incurred or anticipated to be incurred to perform this Contract or to
operate the PROGRAM, and (b) all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided for
the Program. Such data will include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its records:
1. Until five years following date of final payment of this contract, or
2. For such longer period, if any as is required by applicable law; or
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3. If this Contract is completely or partially terminated, the records relating to the
work terminated will be preserved and made available for a period of five years from the
date of termination.
F. Examination of Records and Facilities. At any time during normal business hours, and as
often as may be deemed necessary, CORPORATION agrees that the CITY, and/or any duly
authorized representatives may until expiration of (a) five years after final payment under this
Contract, (b) five years from the date of termination of this Contract, or (c) such longer period as
may be described by applicable law, have access to and the right to examine its plants, offices
and facilities used in the performance of this Contract or the operation of the PROGRAM, and
all its records with respect to the PROGRAM and all matters covered by this Contract.
CORPORATION also agrees that CITY or any duly authorized representatives will have the
right to audit, examine, and make excerpts or transactions of and from, such records and to make
audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of
employment, materials and all other data relating to the PROGRAM and matters covered by this
Contract. CORPORATION will be notified in advance that an audit will be conducted.
CORPORATION will be required to respond to any audit findings, and have the responses
included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with and
cause all its subcontractors, independent contractors, and employees, if any, to become familiar
and comply with all applicable federal, state and local laws, ordinances, codes, regulations and
decrees.
H. Suspension and Termination. Suspension or termination of this Contract may occur if the
CORPORATION materially fails to comply with any term of the award, and that the award may
be terminated for convenience.
I. Reversion of Assets. Upon expiration or termination of this Contract, the
CORPORATION will transfer to the CITY any HSG funds on hand at the time of expiration and
any accounts receivable attributable to the use of funds.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse HSG funds to
CORPORATION on a reimbursement basis unless otherwise provided herein for all allowable
costs and expenses incurred in connection with the PROGRAM, not to exceed the total sum of
________________________________________________. CITY may, at any time in its
absolute discretion, elect to suspend or terminate payment to CORPORATION, in whole or in
part, pursuant to this Contract based on CORPORATION’S non-compliance, including, but not
limited to, incomplete documentation of expenses, failure to substantially meet goals and
objectives as required in Exhibit B, (“Program Work Plan”), failure to submit adequate progress
reports as required herein or other incidents of non-compliance as described in Section VII,
Paragraph B of this Contract or based on the refusal by CORPORATION to accept any
additional conditions that may be imposed by City at any time to ensure compliance with the
terms of this Contract.
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VI. PROGRAM COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will render
overall supervision of the progress and performance of this Contract by CITY. All services
agreed to be performed by CITY will be at the overall direction of the DIRECTOR.
B. CORPORATION. As of the date hereof, CORPORATION has designated
_________________________________ to serve as EXECUTIVE DIRECTOR and to assume
overall responsibility for the progress and execution of this Contract. The CITY will be
immediately notified in writing of the appointment of a new EXECUTIVE DIRECTOR.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: __________________________________
__________________________________
__________________________________
__________________________________
__________________________________
CORPORATION: __________________________________
__________________________________
__________________________________
__________________________________
__________________________________
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of both CITY and CORPORATION. CORPORATION
must furnish all data, statements, records, information and reports necessary for DIRECTOR to
monitor, review and evaluate the performance of the PROGRAM and its components. CITY
will have the right to request the services of an outside agent to assist in any such evaluation.
Such services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision of this
Contract; CITY will have the right to require corrective action to enforce compliance with such
provision as well as the right to suspend or terminate this Contract. Examples of noncompliance
include, but are not limited to:
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1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to
CITY in connection with the PROGRAM.
2. If there is pending litigation with respect to the performance by CORPORATION if
any of its duties or obligations under this Contract, which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM.
3. If CORPORATION has taken any action pertaining to the PROGRAM, which action
required CITY approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in
any material respect.
7. If CORPORATION fails to meet the stated objectives in Exhibit B (“Program Work
Plan”).
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of immediately
terminating this Contract upon occurrence or discovery of noncompliance by CORPORATION
pursuant to this Contract, will have the right to give CORPORATION notice of CITY’S
intention to consider corrective action to enforce compliance. Such notice must indicate the
nature of the non-compliance and the procedure whereby CORPORATION will have the
opportunity to participate in formulating any corrective action recommendation. CITY will have
the right to require the presence of CORPORATION’S officer(s) and EXECUTIVE DIRECTOR
at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action recommendations in
accordance with the corrective action timetable, CITY may suspend payments hereunder or
terminate this Contract as set forth in Section VIII below.
VIII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written notice to
CORPORATION, for any of the following reasons: uncorrected Contract non-compliance as
defined in Section VII, Paragraph B; CORPORATION is in bankruptcy or receivership; a
member of the CORPORATION’S Board of Directors or the executive director is found to have
committed fraud or; there is reliable evidence that CORPORATION is unable to complete the
Program as described in the attached Exhibits. The date of termination will be as specified in the
notice.
B. Termination for Convenience. In addition to the CITY’S right to terminate for cause set
forth in Section VII, either CITY or CORPORATION may suspend or terminate this Contract
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for any reason by giving thirty (30) days prior written notice to the other party. Upon receipt of
such notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to return
funds to the CITY.
D. Upon termination of this Contract, CORPORATION must immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other data
pertaining to Grant made to CORPORATION pursuant to this Contract.
IX. PROGRAM INCOME
Income generated by the Program, is considered Program Income. CORPORATION will
annually report all program income generated by activities carried out with grant funds made
available under this Contract. By way of further limitations, CORPORATION may use such
income during the Contract period for activities permitted under this Contract and shall reduce
requests for additional funds by the amount of any such program income balance on hand. All
unused program income shall be returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker’s Compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill, and ability to perform of the
CORPORATION. The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned, delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion.
Copies of all third party contracts shall be submitted to CITY at least ten days prior to the
proposed effective date. In the event CITY approves of any such assignment, delegation or sub-
contract, the subcontractors, assignees or delegates CORPORATION shall remain fully liable for
all obligations and requirements under this Contract, including the performance and any
liabilities attaching to the assignees' actions or omissions.
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XII. CLIENT INFORMATION
CORPORATION agrees to maintain client records consistent with applicable laws regarding
personal privacy and obligations of confidentiality. .
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit E, “Insurance and Bond
Requirements,” CORPORATION will indemnify and hold harmless the CITY, its employees,
agents, and officials, members of boards and commissions, from any and all claims, actions,
suits, charges and judgments whatsoever, with respect to any damages, including attorney’s fees
and court costs, arising out of the failure of the CORPORATION’s Program to comply with
applicable laws, ordinances, codes, regulations and decrees, including without limitation those
set forth in Exhibit E, “Certifications.”
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect touch
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the PROGRAM or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino’s policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION’s contracts with sub-
contractors and vendors when utilizing the grant funds disbursed for this program.
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XVI. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Section III. above,
amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XVIII. MISCELLANEOUS
A. Headings. The captions and section headings used in this Contract are for convenience of
reference only, and the words contained herein will, in no way, be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this Contract.
B. Exhibits. All Exhibits attached hereto and referred to in this Contract are incorporated
herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit “A”
(PROGRAM Description), Exhibit “B” (PROGRAM Work Plan), Exhibit “C” (Proposed
Implementation Time Schedule), Exhibit “D” (Program Budget), and Exhibit “E” (Insurance and
Bond Requirements).
C. Conflict of Interest. In accordance with Government Code Section 1090 and the Political
Reform Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process, may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after, such person's tenure. The CORPORATION shall exercise due diligence to ensure
that the prohibition in this section is followed.
Further, no person who is a director, officer, partner, trustee or employee or consultant of the
CORPORATION, or immediate family member of any of the preceding, shall make or
participate in a decision, made by the CITY or a CITY board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income,
investment or interest in real property of that person or the CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code Section 87100 et seq., its implementing regulations
manual and codes, and Government Code Section 1090.
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D. Interpretation. Each party to this Contract has had an opportunity to review the Contract,
confer with legal counsel regarding the meaning of the Contract, and negotiate revisions to the
Contract. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret
any uncertainty in the meaning of the Contract.
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Severability. If any term of this Contract is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions shall continue in full force and
effect unless the rights and obligations of the parties have been materially altered or abridged by
such invalidation, voiding or unenforceability.
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IN WITNESS WHEREOF, the parties have executed this Contract the day and year above written. The parties
signing below hereby warrant that they are duly authorized to execute this Contract.
AGENCY: CITY OF CUPERTINO, a municipal
corporation:
By: _____________________________ By: _____________________________
(print name) (print name)
___________________________________ __________________________________
Insert Name Here Date David Brandt Date
Executive Director City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ _________________________________
Randolph Stevenson Hom Date Grace Schmidt Date
City Attorney City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
Insert Here
AMOUNT
PO#:
Original Contract (1st Yr.): $
Contract Amendment (2nd Yr.): $
Total: $
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EXHIBIT A
PROGRAM DESCRIPTION
Agency Name:
Executive Director:
Project Manager:
Grant # (For Office Use Only)
Street Address:
City:
State:
Zip Code:
Telephone number:
Fax Number:
Project Manager E-mail Address:
Name of Project/Program:
Project/Program Location:
Project Description:
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EXHIBIT B
PROGRAM WORK PLAN
FY 2016/17
AGENCY NAME:
PROGRAM NAME:
Objectives
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
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EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2016/17
AGENCY NAME:
PROGRM NAME:
Activity Number & Description:
Activity # Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
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EXHIBIT D
PROGRAM BUDGET
FY 2016/17
Agency Name:
Project Name:
Proposed Project Expenses FY 2016/17
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EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party
contracting with the City of Cupertino for the direct distribution of HSG funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
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C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional coverage to be purchased by the Contractor
to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
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4. For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
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b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
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However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
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BELOW MARKET-RATE (BMR) AFFORDABLE HOUSING FUND (AHF)
CITY/NON-PROFIT CONTRACT
(Services Only)
THIS Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit
Contract (the "Contract") is entered into between the CITY OF CUPERTINO, a political
subdivision of the State of California (hereinafter “CITY”), and
________________________________________________
a non-profit public benefit corporation (hereinafter “CORPORATION”). The allocation of funds
pursuant to this Contract will be a grant. CITY approved the allocation and disbursement of
Below Market-Rate (BMR) Affordable Housing Funds (AHF) funds (hereinafter “Grant”) to
CORPORATION on _________________.
WITNESSETH
WHEREAS, CITY has reserved a portion of its BMR AHF funds to be used on activities
that benefit Cupertino’s residents; and,
WHEREAS, CITY has agreed to the use by CORPORATION of a portion of CITY’S
BMR AHF budget for the Program as described below to be operated within CITY and will
benefit low and very low-income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
CITY agrees to allocate a portion of its current BMR AHF budget to CORPORATION,
being the sum of _______________________________________________ for the purpose of
implementing the CORPORATION’S program (hereinafter “Program”), as more particularly
described in numerous exhibits marked as noted herein, attached to this Contract, incorporated
by this reference, as though fully set forth, as follows: Exhibit “A” (Program Description),
Exhibit “B” (Program Work Plan), Exhibit “C” (Proposed Implementation Time Schedule),
Exhibit “D” (Program Budget), and Exhibit “E” (Insurance and Bond Requirements).
II. TERM
A. The purpose of this Contract is for the CITY to disburse BMR AHF funds for eligible
activities. Unless amended prior to its expiration, the term of this Contract for disbursement
purposes will begin on ________________ and will end on _______________ unless terminated
earlier pursuant to Section VII or Section VIII of this Contract.
B. The term of the expenditure by CORPORATION of the allocation provided for herein
will begin on _________________ and terminate on the earliest of the following dates as set
forth herein: _________________, or later date per amendment to this Contract; or upon the
termination date established pursuant to Section VII or Section VIII of this Contract.
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III. SECOND YEAR RENEWAL OPTIONS
The term of this Contract may be extended by an amendment to disburse the CITY’S Grant
funds authorized by City Council for the fiscal year subsequent to the initial term of this
Contract, contingent on the following requirements and process:
A. Authorization by CITY to expend funds for the purposes of this Contract;
B. CITY’S appropriation of funds for this Program;
C. CORPORATION’S satisfactory performance, as determined by the CITY, of all it’s
obligations as stated in this Contract;
D. Submission to CITY of Proof of Insurance.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION will:
1. Provide CITY with copies of the following documents, evidencing filing with
the appropriate governmental agency:
a) Its Articles of Incorporation under the laws of the State of California;
b) A copy of the current Bylaws of CORPORATION;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and,
e) An adopted copy of CORPORATION’S personnel policies and
procedures.
2. During the Contract term, immediately report any changes, subsequent to the
date of this Contract, in CORPORATION’S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to DIRECTOR.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public, meetings of its Board of Directors, if required by
California’s open meeting laws, except meetings, or portions thereof, dealing with
personnel or litigation matters or as otherwise provided by law.
5. Keep minutes of all its regular and special meetings.
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6. Comply with all provisions of California and Federal Non-Profit Corporation
Laws.
7. Provide to the CITY a copy of a resolution authorizing the CORPORATION's
execution of this Contract. The CORPORATION hereby warrants to the CITY that this
Contract is a legal, valid, and binding obligation of the CORPORATION enforceable in
accordance with its terms, and that the execution and delivery of this Contract and the
performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino, for the purpose of
benefiting low and very low-income households.
2. File quarterly reports as required by CITY on the type and number of services
rendered through the operation of the PROGRAM, and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROGRAM is
achieving its objectives and goals according to the standards established by CITY. The
progress reports will be due ten days after the close of each reporting period and must
cover the three months immediately preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication
of services.
4. Seek out and apply for other sources of revenue in support of its operation or
services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten days.
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate program-related publicity and
publications using words to the effect: “funded in whole or in part by the City of
Cupertino General Funds.”
C. Fiscal Responsibilities of CORPORATION. CORPORATION will:
1. Appoint and submit the name of a fiscal agent who will be responsible for the
financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in
writing of the appointment of any new fiscal agent and that agent’s name.
2. If the term of this Contract is extended by an amendment for a second fiscal
year, submit a satisfactory Audit within 150 days of CORPORATION’s fiscal year
encompassed by the first year of this Contract.
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3. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
4. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges
incurred during the Contract term. All invoices must be submitted by the Contract
expiration date or within such other time period specified by the CITY for this Contract
term. Funds not disbursed will be returned to the City for future reallocation.
5. Certify current and continuous insurance coverage, subject to CITY approval
and in accordance with requirements as outlined in Exhibit E, “Insurance and Bond
Requirements.”
6. Items 1) through 5) above are express conditions precedent to disbursement of
any CITY funding and failure to comply with these conditions will, at discretion of
CITY, result in suspension of funding or termination of this Contract.
7. If CORPORATION does not use Grant funds in accordance with the
requirements of this Contract; CORPORATION is liable for repayment of all disallowed
costs. Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings, which may lead to
disallowed costs subject to provisions of OMB Circular A-122, “Cost Principles for Non-
Profit Organizations.”
D. Establishment and Maintenance of Records. CORPORATION shall:
1. Maintain complete and accurate records of all its transactions including, but
not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks,
bank statements, client statistical records, personnel, property and all other pertinent
records sufficient to reflect properly (a) all direct and indirect costs of whatever nature
claimed to have been incurred or anticipated to be incurred to perform this Contract or to
operate the PROGRAM, and (b) all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided for
the Program. Such data will include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its records:
1. Until five years following date of final payment of this contract, or
2. For such longer period, if any as is required by applicable law; or
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3. If this Contract is completely or partially terminated, the records relating to the
work terminated will be preserved and made available for a period of five years from the
date of termination.
F. Examination of Records and Facilities. At any time during normal business hours, and as
often as may be deemed necessary, CORPORATION agrees that the CITY, and/or any duly
authorized representatives may until expiration of (a) five years after final payment under this
Contract, (b) five years from the date of termination of this Contract, or (c) such longer period as
may be described by applicable law, have access to and the right to examine its plants, offices
and facilities used in the performance of this Contract or the operation of the PROGRAM, and
all its records with respect to the PROGRAM and all matters covered by this Contract.
CORPORATION also agrees that CITY or any duly authorized representatives will have the
right to audit, examine, and make excerpts or transactions of and from, such records and to make
audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of
employment, materials and all other data relating to the PROGRAM and matters covered by this
Contract. CORPORATION will be notified in advance that an audit will be conducted.
CORPORATION will be required to respond to any audit findings, and have the responses
included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with and
cause all its subcontractors, independent contractors, and employees, if any, to become familiar
and comply with all applicable federal, state and local laws, ordinances, codes, regulations and
decrees.
H. Suspension and Termination. Suspension or termination of this Contract may occur if the
CORPORATION materially fails to comply with any term of the award, and that the award may
be terminated for convenience.
I. Reversion of Assets. Upon expiration or termination of this Contract, the
CORPORATION will transfer to the CITY any BMR AHF funds on hand at the time of
expiration and any accounts receivable attributable to the use of funds.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse BMR AHF
funds to CORPORATION on a reimbursement basis unless otherwise provided herein for all
allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the total
sum of ______________________________________________. CITY may, at any time in its
absolute discretion, elect to suspend or terminate payment to CORPORATION, in whole or in
part, pursuant to this Contract based on CORPORATION’S non-compliance, including, but not
limited to, incomplete documentation of expenses, failure to substantially meet goals and
objectives as required in Exhibit B, (“Program Work Plan”), failure to submit adequate progress
reports as required herein or other incidents of non-compliance as described in Section VI,
Paragraph B of this Contract or based on the refusal by CORPORATION to accept any
additional conditions that may be imposed by City at any time to ensure compliance with the
terms of this Contract.
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VI. PROGRAM COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will render
overall supervision of the progress and performance of this Contract by CITY. All services
agreed to be performed by CITY will be at the overall direction of the DIRECTOR.
B. CORPORATION. As of the date hereof, CORPORATION has designated
__________________________________ to serve as EXECUTIVE DIRECTOR and to assume
overall responsibility for the progress and execution of this Contract. The CITY will be
immediately notified in writing of the appointment of a new EXECUTIVE DIRECTOR.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________
CORPORATION: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of both CITY and CORPORATION. CORPORATION
must furnish all data, statements, records, information and reports necessary for DIRECTOR to
monitor, review and evaluate the performance of the PROGRAM and its components. CITY
will have the right to request the services of an outside agent to assist in any such evaluation.
Such services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision of this
Contract; CITY will have the right to require corrective action to enforce compliance with such
provision as well as the right to suspend or terminate this Contract. Examples of noncompliance
include, but are not limited to:
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1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to
CITY in connection with the PROGRAM.
2. If there is pending litigation with respect to the performance by CORPORATION if
any of its duties or obligations under this Contract, which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM.
3. If CORPORATION has taken any action pertaining to the PROGRAM, which action
required CITY approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in
any material respect.
7. If CORPORATION fails to meet the stated objectives in Exhibit B (“Program Work
Plan”).
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of immediately
terminating this Contract upon occurrence or discovery of noncompliance by CORPORATION
pursuant to this Contract, will have the right to give CORPORATION notice of CITY’S
intention to consider corrective action to enforce compliance. Such notice must indicate the
nature of the non-compliance and the procedure whereby CORPORATION will have the
opportunity to participate in formulating any corrective action recommendation. CITY will have
the right to require the presence of CORPORATION’S officer(s) and EXECUTIVE DIRECTOR
at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action recommendations in
accordance with the corrective action timetable, CITY may suspend payments hereunder or
terminate this Contract as set forth in Section VIII below.
VIII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written notice to
CORPORATION, for any of the following reasons: uncorrected Contract non-compliance as
defined in Section VII, Paragraph B; CORPORATION is in bankruptcy or receivership; a
member of the CORPORATION’S Board of Directors or the executive director is found to have
committed fraud or; there is reliable evidence that CORPORATION is unable to complete the
Program as described in the attached Exhibits. The date of termination will be as specified in the
notice.
B. Termination for Convenience. In addition to the CITY’S right to terminate for cause set
forth in Section VII, either CITY or CORPORATION may suspend or terminate this Contract
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for any reason by giving thirty (30) days prior written notice to the other party. Upon receipt of
such notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to return
funds to the CITY.
D. Upon termination of this Contract, CORPORATION must immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other data
pertaining to Grant made to CORPORATION pursuant to this Contract.
IX. PROGRAM INCOME
Income generated by the Program, is considered Program Income. CORPORATION will
annually report all program income generated by activities carried out with grant funds made
available under this Contract. By way of further limitations, CORPORATION may use such
income during the Contract period for activities permitted under this Contract and shall reduce
requests for additional funds by the amount of any such program income balance on hand. All
unused program income shall be returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker’s Compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill, and ability to perform of the
CORPORATION. The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned, delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion.
Copies of all third party contracts shall be submitted to CITY at least ten days prior to the
proposed effective date. In the event CITY approves of any such assignment, delegation or sub-
contract, the subcontractors, assignees or delegates CORPORATION shall remain fully liable for
all obligations and requirements under this Contract, including the performance and any
liabilities attaching to the assignees' actions or omissions.
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XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CORPORATION agrees to maintain client records consistent with applicable laws regarding
personal privacy and obligations of confidentiality.
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit E, “Insurance and Bond
Requirements,” CORPORATION will indemnify and hold harmless the CITY, its employees,
agents, and officials, members of boards and commissions, from any and all claims, actions,
suits, charges and judgments whatsoever, with respect to any damages, including attorney’s fees
and court costs, arising out of the failure of the CORPORATION’s Program to comply with
applicable laws, ordinances, codes, regulations and decrees, including without limitation those
set forth in Exhibit E, “Certifications.”
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect touch
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the PROGRAM or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino’s policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION’s contracts with sub-
contractors and vendors when utilizing the grant funds disbursed for this program.
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XVI. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Section III. above,
amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XVIII. MISCELLANEOUS
A. Headings. The captions and section headings used in this Contract are for convenience of
reference only, and the words contained herein will, in no way, be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this Contract.
B. Exhibits. All Exhibits attached hereto and referred to in this Contract are incorporated
herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit “A”
(PROGRAM Description), Exhibit “B” (PROGRAM Work Plan), Exhibit “C” (Proposed
Implementation Time Schedule), Exhibit “D” (Program Budget), and Exhibit “E” (Insurance and
Bond Requirements).
C. Conflict of Interest. In accordance with Government Code Section 1090 and the Political
Reform Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process, may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after, such person's tenure. The CORPORATION shall exercise due diligence to ensure
that the prohibition in this section is followed.
Further, no person who is a director, officer, partner, trustee or employee or consultant of the
CORPORATION, or immediate family member of any of the preceding, shall make or
participate in a decision, made by the CITY or a CITY board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income,
investment or interest in real property of that person or the CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code Section 87100 et seq., its implementing regulations
manual and codes, and Government Code Section 1090.
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D. Interpretation. Each party to this Contract has had an opportunity to review the Contract,
confer with legal counsel regarding the meaning of the Contract, and negotiate revisions to the
Contract. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret
any uncertainty in the meaning of the Contract.
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Severability. If any term of this Contract is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions shall continue in full force and
effect unless the rights and obligations of the parties have been materially altered or abridged by
such invalidation, voiding or unenforceability.
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IN WITNESS WHEREOF, the parties have executed this Contract the day and year above written. The parties
signing below hereby warrant that they are duly authorized to execute this Contract.
AGENCY: CITY OF CUPERTINO, a municipal
corporation:
By: _____________________________ By: _____________________________
(print name) (print name)
___________________________________ __________________________________
Insert Name Here Date David Brandt Date
Executive Director City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ _________________________________
Randolph Stevenson Hom Date Grace Schmidt Date
City Attorney City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
Insert Here
AMOUNT
PO#:
Original Contract (1st Yr.): $
Contract Amendment (2nd Yr.): $
Total: $
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EXHIBIT A
PROGRAM DESCRIPTION
Agency Name:
Executive Director:
Project Manager:
Grant # (For Office Use Only)
Street Address:
City:
State:
Zip Code:
Telephone number:
Fax Number:
Project Manager E-mail Address:
Name of Project/Program:
Project/Program Location:
Project Description:
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EXHIBIT B
PROGRAM WORK PLAN
FY 2016/17
AGENCY NAME:
PROGRAM NAME:
Objectives
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
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EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2016/17
AGENCY NAME:
PROGRM NAME:
Activity Number & Description:
Activity # Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
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EXHIBIT D
PROGRAM BUDGET
FY 2016/17
Agency Name:
Project Name:
Proposed Project Expenses FY 2016/17
Total Expenses
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EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party
contracting with the City of Cupertino for the direct distribution of BMR AHF funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
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C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional coverage to be purchased by the Contractor
to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
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4. For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
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b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
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However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
CITY/NON-PROFIT PUBLIC SERVICE CONTRACT
THIS Community Development Block Grant Program City/Non-Profit Contract (the
“Contract”) is entered into pursuant to the Catalog of Federal Domestic Assistance (CFDA)
14.218 by and between the CITY OF CUPERTINO, a political subdivision of the State of
California (hereinafter “CITY”), and
________________________________________________
a non-profit public benefit corporation (hereinafter “CORPORATION”). The allocation of funds
pursuant to this Contract will be a grant. CITY approved the allocation and disbursement of
Community Development Block Grant (hereinafter “CDBG”) funds to CORPORATION on
_________________.
WITNESSETH
WHEREAS, CITY has applied for and received CDBG Entitlement Program funds
(hereinafter “PROGRAM”) from the United States Department of Housing and Urban
Development (hereinafter “HUD”) as an entitlement jurisdiction pursuant to the provisions of
Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383 as
amended; and,
WHEREAS, CITY has agreed to the use by CORPORATION, as a subrecipient for
eligible public service activities, of a portion of CITY’S CDBG entitlement for the Program as
described below to be operated within CITY and will benefit low and very low-income
households or meet another National Objective of the CDBG Program;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
CITY agrees to allocate a portion of its current CDBG entitlement, and/or program
income as defined in 24 CFR 570 Subpart J, “Grant Administration,” to CORPORATION as a
subrecipient, being the sum of ___________________________________________________
for the purpose of implementing the CORPORATION’S program (hereinafter “Program”), as
more particularly described in numerous exhibits marked as noted herein, attached to this
Contract, incorporated by this reference, as though fully set forth, as follows: Exhibit “A”
(Program Description), Exhibit “B” (Program Work Plan), Exhibit “C” (Proposed
Implementation Time Schedule), Exhibit “D” (Program Budget), Exhibit “E” (Insurance and
Bond Requirements), Exhibit “F” (Assurances)..
II. TERM
A. The purpose of this Contract is for the CITY to disburse CDBG funds for eligible
activities. Unless amended prior to its expiration, the term of this Contract for disbursement
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purposes will begin on ______________ and will end on ________________unless terminated
earlier pursuant to Section VI or Section VII of this Contract.
B. The term of the expenditure by CORPORATION of the allocation provided for herein
will begin on _________________ and terminate on the earliest of the following dates as set
forth herein: _________________, or later date per amendment to this Contract; or upon the
termination date established pursuant to Section VI or Section VII of this Contract.
III. SECOND YEAR RENEWAL OPTIONS
The term of this Contract may be extended by an amendment to disburse the CITY’S CDBG
funds authorized by HUD for the fiscal year subsequent to the initial term of this Contract,
contingent on the following requirements and process:
A. Receipt of written authorization by CITY from the U.S. Department of Housing and
Community Development (HUD) to expend funds for the purposes of this Contract;
B. CITY’S appropriation of funds for this Program;
C. CORPORATION’S satisfactory performance, as determined by the CITY, of all its
obligations as stated in this Contract;
D. Submission to CITY of Proof of Insurance.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION will:
1. Provide CITY with copies of the following documents, evidencing filing with
the appropriate governmental agency:
a) Its Articles of Incorporation under the laws of the State of California;
b) A copy of the current Bylaws of CORPORATION;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and,
e) An adopted copy of CORPORATION’S personnel policies and
procedures.
2. During the Contract term, immediately report any changes, subsequent to the
date of this Contract, in CORPORATION’S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to DIRECTOR.
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3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public, meetings of its Board of Directors, if required by
California’s open meeting laws, except meetings, or portions thereof, dealing with
personnel or litigation matters or as otherwise provided by law.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California and Federal Non-Profit Corporation
Laws.
7. Provide to the CITY a copy of a resolution authorizing the CORPORATION's
execution of this Contract. The CORPORATION hereby warrants to the CITY that this
Contract is a legal, valid, and binding obligation of the CORPORATION enforceable in
accordance with its terms, and that the execution and delivery of this Contract and the
performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino, for the purpose of
benefiting low and very low-income households.
2. File quarterly reports as required by CITY on the type and number of services
rendered through the operation of the PROGRAM, and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROGRAM is
achieving its objectives and goals according to the standards established by CITY. The
progress reports will be due ten days after the close of each reporting period and must
cover the three months immediately preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication of
services.
4. Seek out and apply for other sources of revenue in support of its operation or
services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten days.
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate program-related publicity and
publications using words to the effect: “funded in whole or in part by the City of
Cupertino through the Housing and Community Development Act of 1974, as amended.”
6. CORPORATION agrees it will carry out the principles as provided in
Presidents Executive Order 11246 of September 24, 1965.
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
7. CORPORATION will comply with Section 281 of the National Affordable
Housing Act.
8. “Section 3” Clauses.
a. Compliance. Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this Contract, shall be a condition of the federal financial
assistance provided under this Contract and binding upon the CITY, the
CORPORATION, and any sub-recipients. Failure to fulfill these requirements shall
subject the CITY, the CORPORATION, and any sub-recipients, their successors and
assigns, to those sanctions specified by the Contract through which federal assistance is
provided. The CORPORATION certifies and agrees that no contractual or other
disability exists which would prevent compliance with these requirements. The
CORPORATION further agrees to comply with these “Section 3” requirements and to
include the following language in all subcontracts executed under this Contract (the
“Section 3 Clause”):
“The work to be performed under the Contract is a program assisted under a program
providing direct federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the program area and agreements for
work in connection with the program be awarded to business concerns which are located
in, or owned in substantial part by persons residing in, the areas of the program.
The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135,
which implement Section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause; and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3
preference; shall set forth minimum number and job titles subject to hire; availability of
apprenticeship and training positions; the qualifications for each; the name and location
of the person(s) taking applications for each of the positions; and the anticipated date the
work shall begin.
The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135.
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
The contractor will not subcontract with any subcontractor where the contractor has
notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 C.F.R. Part 135.
The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part
135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 C.F.R. Part 135
Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of Section
3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with section 7(b)”
The CORPORATION certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b. Notifications. The CORPORATION agrees to send to each labor
organization or representative of workers with which it has a collective bargaining
agreement or other agreement or understanding, if any, a notice advising said labor
organization or worker’s representative of its commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places available to employees and
applicants for employment or training. The notice shall describe the Section 3 preference;
shall set forth minimum number and job titles subject to hire; availability of
apprenticeship and training positions; the qualifications for each; the name and location
of the person(s) taking applications for each of the positions; and the anticipated date the
work shall begin
c. Subcontracts. The CORPORATION will include the Section 3 Clause,
found in B.8.a of this Agreement, in every subcontract and will take appropriate action
pursuant to the subcontract upon a finding that the sub-Subrecipient is in violation of
regulations issued by CITY. The CORPORATION will not subcontract with any sub-
Subrecipient where it has notice or knowledge that the latter has been found in violation
of regulations under 24 CFR 135 and will not let any subcontract unless the sub-
Subrecipient has first provided it with a preliminary statement of ability to comply with
the requirements of these regulations.
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
C. Fiscal Responsibilities of CORPORATION. CORPORATION will:
1. Appoint and submit the name of a fiscal agent who will be responsible for the
financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in
writing of the appointment of any new fiscal agent and that agent’s name.
2. If the term of this Contract is extended by an amendment for a second fiscal
year, submit a satisfactory Audit within 150 days of CORPORATION’s fiscal year
encompassed by the first year of this Contract.
3. Comply with the requirements and standards of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
CDBG and all federal regulations and policies issued pursuant to these regulations and
OMB Circular No. A-122 “Cost Principles for Non-Profit Organizations, the applicable
policies, guidelines and requirements of OMB Circulars A-87 and A-102, and with the
following Attachments to OMB Circular A-110:”
a) Attachment A, “Cash Depositories,” except for paragraph 4 concerning
deposit insurance;
b) Attachment B, “Bonding and Insurance;”
c) Attachment C, “Retention and Custodial Requirements for Records”, except
that in lieu of the provisions in paragraph 4, the retention period for records
pertaining to individual CDBG activities starts from the date of submission of the
annual performance and evaluation report, as prescribed in 570.507, in which the
specific activity is reported on for the final time;
d) Attachment F, “Standards for Financial Management Systems;”
e) Attachment H, “Monitoring and Reporting Program Performance,”
paragraph 2;
f) Attachment N, “Property Management Standards,” except for
paragraph 3 concerning the standards for real property, and except that paragraphs
6 and 7 are modified so that:
i) In all cases in which personal property is sold, the proceeds shall be
program income, and
ii) Personal property not needed by the CORPORATION for CDBG
activities will be transferred to the recipient for the CDBG PROGRAM or
will be retained after compensating the recipient; and
g) Attachment O, “Procurement Standards.”
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3. Comply with the audit requirements of OMB Circular A-133 which require
compliance with the Single Audit Act for any non-profit agency expending $500,000 or
more of federal funds for the fiscal year.
4. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
5. Submit to the CITY, based on an agreed upon schedule, a request for payment,
together with all supporting documentation. Invoices requesting disbursements submitted
after the expiration of the Contract will be honored only for eligible charges incurred
during the Contract term. All invoices must be submitted by the Contract expiration date
or within such other time period specified by the CITY for this Contract term. Funds not
disbursed will be returned to the Competitive Housing Pool for future reallocation.
6. Certify current and continuous insurance coverage, subject to CITY approval
and in accordance with requirements as outlined in Exhibit E, “Insurance and Bond
Requirements.”
7. Items 1) through 6) above are express conditions precedent to disbursement of
any CITY funding and failure to comply with these conditions will, at discretion of CITY,
result in suspension of funding or termination of this Contract.
8. If CORPORATION does not use CDBG funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed
costs. Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings which may lead to
disallowed costs subject to provisions of OMB Circular A-122, “Cost Principles for Non-
Profit Organizations.”
D. Establishment and Maintenance of Records. CORPORATION shall:
1. In compliance with all HUD records and accounting requirements including
but not limited to those set forth in 24 CFR 570.506 and 570.502(b), maintain complete
and accurate records of all its transactions including, but not limited to, contracts,
invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client
statistical records, personnel, property and all other pertinent records sufficient to reflect
properly (a) all direct and indirect costs of whatever nature claimed to have been incurred
or anticipated to be incurred to perform this Contract or to operate the PROGRAM; (b)
each activity undertaken under the PROGRAM meets one of the national objectives of
the CDBG program set forth in 24 CFR 570.208; (c) compliance with fair housing and
equal opportunity requirements; (d) compliance with Subpart K of 24 CFR 570 and 24
CFR 508; and (e) all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided for
the Program. Such data will include, but not be limited to, client name, address, income
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level or other basis for determining eligibility, and description of service provided. Such
information will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its records:
1. Until five years following date of final payment of this contract, or
2. For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating to the
work terminated will be preserved and made available for a period of five years from the
date of termination.
F. Examination of Records and Facilities. At any time during normal business hours, and as
often as may be deemed necessary, CORPORATION agrees that HUD and the CITY, and/or any
duly authorized representatives may until expiration of (a) five years after final payment under
this Contract, (b) five years from the date of termination of this Contract, or (c) such longer
period as may be described by applicable law, have access to and the right to examine its plants,
offices and facilities used in the performance of this Contract or the operation of the PROGRAM,
and all its records with respect to the PROGRAM and all matters covered by this Contract.
CORPORATION also agrees that CITY or any duly authorized representatives will have the
right to audit, examine, and make excerpts or transactions of and from, such records and to make
audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of
employment, materials and all other data relating to the PROGRAM and matters covered by this
Contract. CORPORATION will be notified in advance that an audit will be conducted.
CORPORATION will be required to respond to any audit findings, and have the responses
included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with and
cause all its subcontractors, independent contractors, and employees, if any, to become familiar
and comply with all applicable federal, state and local laws, ordinances, codes, regulations and
decrees including, but not limited to, those federal rules and regulations, executive orders, and
statutes identified in Exhibit F (“Assurances”). Specifically, CORPORATION must comply with
the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit
Organizations”, and the attachments to OMB Circular No. A-110 as described in section
III. OBLIGATIONS OF CORPORATION, C. Fiscal Responsibilities of CORPORATION.
H. Suspension and Termination. In accordance with 24 CFR 85.43, suspension or
termination of this Contract may occur if the CORPORATION materially fails to comply with
any term of the award, and that the award may be terminated for convenience in accordance with
24 CFR 85.44.
I. Reversion of Assets. Upon expiration or termination of this Contract, or in the event
HUD cancels the PROGRAM for any reason, the CORPORATION will transfer to the CITY any
CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use
of CDBG funds. Any real property under the CORPORATION’s control that was acquired or
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improved in whole or in part with CDBG funds (including CDBG funds provided to
CORPORATION in the form of a loan) in excess of $25,000 must be:
1. Used to meet one of the national objectives stated in Title 24 CFR part 570.208 for a
period of five years after expiration of this Contract, or for such longer period of time as
required by the CITY; or,
2. Reimburse the CITY an amount equal to the current market value of the property, less
any portion of the value attributable to expenditures of non-CDBG funds for acquisition
of, or improvement to, the property (reimbursement is not required after the period of
time specified in I. 1. above).
J. CORPORATION certifies, to the best of CORPORATION's knowledge or belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, grant, loan,
or cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure
Form to Report Lobbying, in accordance with its instructions.
3. This certification is a material representation of fact upon which reliance was placed
when this Agreement was made or entered into. Submission of this certification is a
prerequisite for making or entering into this Agreement imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification will be subject to a
civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One
Hundred Thousand Dollars ($100,000) for such failure.
K. Except for approved eligible administrative or personnel costs, no person described below
may, during or after their tenure, obtain a personal or financial interest or benefit from the
activities funded pursuant to this Contract, or have any interest in any contract, subcontract or
agreement with respect to such activities, or the proceeds under the contract, either for
themselves or those with whom they have family or business ties. CORPORATION shall
exercise due diligence to ensure that the prohibition in this Section IV.K is followed.
The conflict of interest provision of Section IV.K applies to (i) any person who is an employee,
agent, consultant, or officer of the City who exercises or has exercised any functions or
responsibilities with respect to the activities funded pursuant to this Grant or who is in a position
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to participate in a decision-making process or to gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit from the activity, or have an
interest in any , (ii) any immediate family member of such person, (iii) any elected or appointed
official of the City, and (iv) any person related within the third (3rd) degree of such person.
In accordance with Government Code Section 1090 and the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or
consultant of CORPORATION, or immediate family member of any of the preceding, may make
or participate in a decision, made by the City or a City board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income,
investment or interest in real property of that person or CORPORATION. Interpretation of this
section shall be governed by the definitions and provisions used in the Political Reform Act,
Government Code section 87100 et seq., its implementing regulations manual and codes, and
Government Code section 1090.
CORPORATION shall comply with the conflict of interest provisions set forth in 24 C.F.R.
Section 570.611.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse CDBG funds
to CORPORATION on a reimbursement basis unless otherwise provided herein for all allowable
costs and expenses incurred in connection with the PROGRAM, not to exceed the total sum of
_____________________________________________________. CITY may, at any time in its
absolute discretion, elect to suspend or terminate payment to CORPORATION, in whole or in
part, pursuant to this Contract based on CORPORATION’S non-compliance, including, but not
limited to, incomplete documentation of expenses, failure to substantially meet goals and
objectives as required in Exhibit B, (“Program Work Plan”), failure to submit adequate progress
reports as required herein or other incidents of non-compliance as described in Section VI,
Paragraph B of this Contract or based on the refusal by CORPORATION to accept any additional
conditions that may be imposed by HUD at any time, or based on the suspension or termination
of the grant to CITY made pursuant to the Housing and Community Development Act of 1974,
as amended.
VI. PROGRAM COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will render
overall supervision of the progress and performance of this Contract by CITY. All services
agreed to be performed by CITY will be at the overall direction of the DIRECTOR.
B. CORPORATION. As of the date hereof, CORPORATION has designated
_______________________________ to serve as EXECUTIVE DIRECTOR and to assume
overall responsibility for the progress and execution of this Contract. The CITY will be
immediately notified in writing of the appointment of a new EXECUTIVE DIRECTOR.
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C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: ____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
CORPORATION: ____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of both CITY and CORPORATION. CORPORATION
must furnish all data, statements, records, information and reports necessary for DIRECTOR to
monitor, review and evaluate the performance of the PROGRAM and its components. CITY will
have the right to request the services of an outside agent to assist in any such evaluation. Such
services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision of this
Contract; CITY will have the right to require corrective action to enforce compliance with such
provision as well as the right to suspend or terminate this Contract. Examples of noncompliance
include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to CITY
in connection with the PROGRAM.
2. If there is pending litigation with respect to the performance by CORPORATION if
any of its duties or obligations under this Contract, which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM.
3. If CORPORATION has taken any action pertaining to the PROGRAM, which action
required CITY approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
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5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in
any material respect.
7. If CORPORATION fails to meet the stated objectives in Exhibit B (“Program Work
Plan”).
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of immediately
terminating this Contract upon occurrence or discovery of noncompliance by CORPORATION
pursuant to this Contract, will have the right to give CORPORATION notice of CITY’S
intention to consider corrective action to enforce compliance. Such notice must indicate the
nature of the non-compliance and the procedure whereby CORPORATION will have the
opportunity to participate in formulating any corrective action recommendation. CITY will have
the right to require the presence of CORPORATION’S officer(s) and EXECUTIVE DIRECTOR
at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action recommendations in
accordance with the corrective action timetable, CITY may suspend payments hereunder or
terminate this Contract as set forth in Section VII below.
VIII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written notice to
CORPORATION, for any of the following reasons: uncorrected Contract non-compliance as
defined in Section VI, Paragraph B; CORPORATION is in bankruptcy or receivership; a
member of the CORPORATION’S Board of Directors or the executive director is found to have
committed fraud or; there is reliable evidence that CORPORATION is unable to complete the
Program as described in the attached Exhibits. The date of termination will be as specified in the
notice.
B. Termination for Convenience. In addition to the CITY’S right to terminate for cause set
forth in Section VI, either CITY or CORPORATION may suspend or terminate this Contract for
any reason by giving thirty (30) days prior written notice to the other party. Upon receipt of such
notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to return
funds according to HUD regulations.
D. Upon termination of this Contract, CORPORATION must immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other data
pertaining to the CDBG entitlement fund granted to CORPORATION pursuant to this Contract.
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IX. PURCHASING REAL OR PERSONAL PROPERTY
CORPORATION and CITY will comply with all applicable Federal Regulations as detailed by
24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with
Subrecipients), 570.504 (Program Income), and 570.505 (Use of Real Property), with regards to
the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG
funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES.
A. The following definitions apply to this Contract pursuant to 24 CFR Part 85
(Common Rule) 85.3:
1) Equipment means tangible, non-expendable, personal property having a useful
life of more than one year and an acquisition cost of $5,000 or more per unit.
2) Title as defined in detail in 24 CFR, Part 85.32 (a).
3) Use as defined in detail in 24 CFR, Part 85.32 (c) (1).
4) Supplies as defined in detail in 24 CFR, Part 85.33.
5) Procurement, Use and Disposition of Real Property as defined in detail by 24
CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (Use of Real Property), and
570.504 (Program Income).
B. Security Document. As a condition precedent to CITY loaning funds for the purchase of
real property or an option to purchase real property, CORPORATION will prepare and execute a
Loan Agreement (Exhibit H), Promissory Note, Deed of Trust and such other Contracts
restricting the use of said real property for purposes consistent with this Contract, HUD and
CDBG requirements.
C. Grants. If a grant is provided for the acquisition of real property, CORPORATION will
continually operate its Program for a minimum period of six (6) years from the effective date of
this Contract. This obligation will survive the term of this Contract, the assignment or
assumption of this Contract and the sale of the property prior to expiration of the obligation
period as set forth in this paragraph. If this obligation is not fully met, CORPORATION may be
required to reimburse the CITY. The CITY may consider, but will not be limited by, the
following factors in calculating the reimbursement obligation: initial grant sum; the duration of
the initial contractual obligation to operate the Program versus the actual duration of operation
and; the appreciated value.
D. Relocation, Acquisition, and Displacement. CORPORATION agrees to comply with 24
CFR 570.606 relating to the acquisition and disposition of all real property utilizing CDBG
funds, and to the displacement of persons, businesses, and non-profit organizations as a direct
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result of any acquisition of real property utilizing CDBG funds. CORPORATION agrees to
comply with applicable state laws, City Ordinances, Resolutions, and Policies concerning
displacement of individuals from their residences.
X. PROGRAM INCOME
Income generated by the Program, is Program Income and shall be regulated by all provisions of
Title 24 CFR 570 Subpart J “Grant Administration,” 570.503 “Agreements with Subrecipients,”
and 570.504 “Program Income.” CORPORATION will annually report all program income
generated by activities carried out with CDBG funds made available under this Contract. By way
of further limitations, CORPORATION may use such income during the Contract period for
activities permitted under this Contract and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All unused program income shall be
returned to the CITY at the end of the Contract period.
XI. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker’s Compensation, or
employee benefits extended to employees of CITY.
XII. ASSIGNABILITY
A. CITY is entering into this Contract based on the experience, skill, and ability to perform
of the CORPORATION. The CORPORATION recognizes that its qualifications and identify are
of particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned, delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion.
Copies of all third party contracts shall be submitted to CITY at least ten days prior to the
proposed effective date. In the event CITY approves of any such assignment, delegation or sub-
contract, the subcontractors, assignees or delegates CORPORATION shall remain fully liable for
all obligations and requirements under this Contract including the performance and any liabilities
attaching to the assignees’ actions or omissions.
B. This Contract may not be assumed nor assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY.
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XIII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CORPORATION agrees to maintain client records consistent with applicable laws regarding
personal privacy and obligations of confidentiality.
XIV. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit E, “Insurance and Bond
Requirements,” CORPORATION will indemnify and hold harmless the CITY, its employees,
agents, and officials, members of boards and commissions, from any and all claims, actions,
suits, charges and judgments whatsoever, with respect to any damages, including attorney’s fees
and court costs, arising out of the failure of the CORPORATION’s Program to comply with
applicable laws, ordinances, codes, regulations and decrees, including without limitation those
set forth in Exhibit E, “Certifications.”
XV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect touch
breach or default. In no event will payment to CORPORATION by CITY in any way constitute a
waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the PROGRAM or this
Contract.
XVI. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino’s policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION’s contracts with sub-
contractors and vendors when utilizing the CDBG funds disbursed for this Program.
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XVII. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Article III. above,
amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto.
XVIII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XIX. MISCELLANEOUS
A. Headings. The captions and section headings used in this Contract are for convenience of
reference only, and the words contained herein will, in no way, be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this Contract.
B. Exhibits. All Exhibits attached hereto and referred to in this Contract are incorporated
herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit “A”
(PROGRAM Description), Exhibit “B” (PROGRAM Work Plan), Exhibit “C” (Proposed
Implementation Time Schedule), Exhibit “D” (Program Budget), Exhibit “E” (Insurance
Requirements), Exhibit “F” (Assurances).
C. Conflict of Interest. In accordance with Government Code Section 1090 and the Political
Reform Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process, may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after, such person's tenure. The CORPORATION shall exercise due diligence to ensure
that the prohibition in this section is followed.
Further, no person who is a director, officer, partner, trustee or employee or consultant of the
CORPORATION, or immediate family member of any of the preceding, shall make or
participate in a decision, made by the CITY or a CITY board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income,
investment or interest in real property of that person or the CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code Section 87100 et seq., its implementing regulations
manual and codes, and Government Code Section 1090.
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D. Interpretation. Each party to this Contract has had an opportunity to review the Contract,
confer with legal counsel regarding the meaning of the Contract, and negotiate revisions to the
Contract. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret
any uncertainty in the meaning of the Contract.
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Severability. If any term of this Contract is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions shall continue in full force and
effect unless the rights and obligations of the parties have been materially altered or abridged by
such invalidation, voiding or unenforceability.
IN WITNESS WHEREOF, the parties have executed this Contract the day and year above
written. The parties signing below hereby warrant that they are duly authorized to execute this
Contract.
AGENCY: CITY OF CUPERTINO, a municipal
corporation
By: ___________________________ By: _________________________
(Print name) (Print name)
_________________________________ _______________________________
Insert Name Here Date David Brandt Date
Executive Director City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
________________________________ ________________________________
Randolph Stevenson Hom Date Grace Schmidt Date
City Attorney City Clerk
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EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
Insert Here
AMOUNT
PO#:
Original Contract (1st Yr.): $
Contract Amendment (2nd Yr.): $
Total: $
EXHIBIT A
PROGRAM DESCRIPTION
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Agency Name:
DUNS #:
Executive Director:
Project Manager:
Project # (For Office Use Only)
Street Address:
City:
State:
Zip Code:
Telephone number:
Fax Number:
Project Manager E-mail Address:
Name of Project/Program:
Project/Program Location:
Project Description:
EXHIBIT B
PROGRAM WORK PLAN
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FY 2016/17
AGENCY NAME:
PROJECT NAME
EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2016/17
Objectives
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
Limited Clientele (LMC)
HUD National Objective
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AGENCY NAME:
PROJECT NAME:
Activity Number & Description:
EXHIBIT D
PROGRAM BUDGET
FY 2016/17
Agency Name:
Activity # Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
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Project Name:
Proposed Project Expenses FY 2016/17
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used herein is the party contracting
with the City of Cupertino for the direct distribution of CDBG funds. If your organization will
be contracting for construction work (such as general contractors building rental apartments) to
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undertake a Program (as defined in this Non-Profit/City Contract) then the requirements set forth
herein shall be complied with by the party contracted with for construction work protecting both
the non-profit and the City.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising
out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Housing and Community Development Program at the address set
forth in this Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES.
The Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Qualifying Insurers
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All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and property
damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional coverage to be purchased by the Contractor to
restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
4. For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
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a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
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b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
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b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
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ADDENDUM TO EXHIBIT "E"
BASIC INSURANCE AND BOND REQUIREMENTS
FOR CONSTRUCTION PROJECTS USING CITY FUNDS
If your organization will be contracting for construction work (such as general contractors
building rental apartments) to undertake a Program (as defined in this Non-Profit/City Contract)
then the requirements set forth in this Addendum to Exhibit "E" shall be complied with by the
party contracted with for construction work protecting both the non-profit and the City.
Indemnity
The General Contractor (hereinafter referred to as "General") shall indemnify, defend, and hold
harmless the City of Cupertino (hereinafter "City"), its officers, agents and employees, and the
Contractor, it's officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by General and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City or the Contractor. It is the intent of the parties to
this Contract to provide the broadest possible coverage for the City and the Contractor. The
General shall reimburse the City and the Contractor for all costs, attorneys' fees, expenses and
liabilities incurred with respect to any litigation in which the General is obligated to indemnify,
defend and hold harmless the City and the Contractor under this Contract.
Insurance
Without limiting the General's indemnification of the City and the Contractor, the General shall
provide and maintain at its own expense, during the term of this Contract, or as may be further
required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the General shall provide an original plus one copy of a
Certificate of Insurance certifying that coverage as required herein has been obtained and remains
in force for the period required by this Contract. The contract number and project name must be
stated on the Certificate of Insurance. Individual endorsements executed by the insurance carrier
shall accompany the Certificate.
This verification of coverage shall be sent to the Contractor at the address stated below and to the
Community Development Department, 10300 Torre Avenue, Cupertino, CA 95014. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the Contractor and final
approval by the City. This approval of insurance shall neither relieve nor decrease the liability of
the Contractor.
B. Notice of Cancellation or Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department as
stated above, and the Contractor at the following address:
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_______________________________________
_______________________________________
_______________________________________
C. Qualifying Insurers
1. All policies shall be issued by companies which hold a current policy holder's alphabetic
and financial size category rating of not less than A VIII, according to the current Best's
Key Rating Guide, unless otherwise approved by the City.
2. Surety coverage (including bid, performance and payment bonds) shall be required as
follows:
a. For projects in excess of $100,000:
1. Either a California Admitted Surety OR a current Treasury Listed Surety
(Federal Register); and either a current A.M. Best A IV rated Surety OR a
current Standard and Poors (S&P) rating of A;
2. An admitted surety insurer which complies with the provisions of the
Code of Civil Procedure, Section 995.660*;
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that is
approved by the City's Insurance/Risk Manager.
b. For projects between $25,000 and not exceeding $100,000:
1. A California Admitted Surety and either a current A.M. Best B rated
Surety OR a current Standard and Poors (S&P) rating of B B;
OR
2. An admitted surety insurer which complies with the provisions of the
Code of Civil Procedure, Section 995.660 ∗;
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that is
approved by the City's Insurance/Risk Manager.
D. Insurance Required
∗ California Code of Civil Procedure Section 995.660 in summary, states that an admitted surety must provide: 1) the original, or a certified copy
of instrument authorizing the person who executed the bond to do so; 2) a certified copy of the Certificate of Authority issued by the Insurance
Commissioner; 3) a certificate from City Clerk of Cupertino City that Certificate of Authority has not been surrendered, revoked, canceled,
annulled or suspended; 4) a financial statement showing the assets and liabilities of the insurer at the end of the quarter calendar year, prior to 30
days next preceding the date of the execution of the bond.
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1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and property
damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional coverage to be purchased by the General to
restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
4. For either type of insurance, coverage shall include the following endorsements,
copies of which shall be provided to the City and the Contractor:
a. Additional Insured Endorsement:
Insurance afforded by this policy shall also apply to the City of Cupertino and
Contractor as additional insureds.
b. Primary Insurance Endorsement:
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the City of Cupertino and the
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
Contractor shall be excess only and not contributing with insurance provided
under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be canceled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino CDBG Program, and the Contractor at the addresses set
forth on page 10 of this Addendum.
d. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured who is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
7. Work and Materials Insurance (including but not limited to Builder's Risk, Course of
Construction, Installation Floater or similar first party property insurance for covering the
interest of the Contractor and the City) shall be provided by the Contractor.
The Contractor's coverage shall provide the following:
a. Coverage shall be provided on an "all-risk" basis.
b. Coverage shall be provided on the work and materials which are the subject of
this Contract, whether in process or manufacture or finished, including "in transit"
coverage to the final agreed upon destination of delivery, and including loading
and unloading operations, and such coverage shall be in force until the work and
materials are accepted by the City.
c. City and non-profit shall be named as additional insured as its interests may
appear at the time of loss.
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
d. Coverage shall be in an amount no less than the full replacement value of the
property at the time of loss.
e. The deductible shall not exceed $1,000 per occurrence unless otherwise approved
by the City and shall be borne by the Contractor.
f. If the construction contractor fails to maintain such insurance as is called for
herein, the City shall have cause to terminate this Contract in accordance with
Section V, paragraph B.
8. Bond Requirements
The following bond requirements apply:
a. Contract Bonds - Prior to execution of the Contract, Contractor shall file with the
City on the approved forms, the two surety bonds in the amounts and for the
purposes noted below, duly executed by a reputable surety company satisfactory
to City, and Contractor shall pay all premiums and costs thereof and incidental
thereto. Both Contractor and the sureties shall sign each bond.
b. The "payment bond for public works" shall be in an amount of one
hundred percent (100%) of the Contract price, as determined from the prices in
the bid form, and shall insure to the benefit of persons performing labor or
furnishing materials in connection with the work of the proposed Contract. This
bond shall be maintained in full force and effect until all work under the Contract
is completed and accepted by the City, and until all claims for materials and labor
have been paid.
c. The "performance bond" shall be in an amount of one hundred percent (100%) of
the Contract price as determined from the prices in the bid form. and shall insure
the faithful performance by Contractor of all work under the Contract. It shall also
insure the replacing of, or making acceptable, any defective materials or faulty
workmanship.
Should any surety or sureties be deemed unsatisfactory at any time by the City
notice will be given Contractor to that effect, and Contractor shall forthwith
substitute a new surety or sureties satisfactory to the City. No further payment
shall be deemed due or will be made under the Contract until the new sureties
qualify and are accepted by the City.
All alterations, time extensions, extra and additional work, and other changes
authorized by the Specifications, or any part of the Contract, may be made without
securing consent of the surety or sureties on the contract bonds.
9. Special Provisions
The following provisions shall apply to this Contract:
245
Page 33 of 36
FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
a. The foregoing requirements as to the types and limits of insurance coverage
to be maintained by the General and any approval of said insurance by the City or
the Contractor are not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the General pursuant to this
Contract, including but not limited to the provisions concerning indemnification.
b. The Contractor reserves the right to withhold payments to the General in the event
of material noncompliance with the insurance requirements outlined above.
c. The Contractor shall notify the City Community Development Department
promptly of all losses or claims over $25,000 resulting from work performed
under this contract, or any products/completed operations loss or claim against the
contractor resulting from any of the contractor's work.
EXHBIT F
ASSURANCES
246
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
CORPORATION hereby assures and certifies that it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is in compliance with the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in conformity with “Public Law 88.352 and Public Law
90-284.
1. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 are contained in
24 CFR, Part 107; Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the
Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974 as amended; Section 504 of the
Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Executive Order 11246
as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as
amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as
amended by executive Order 12608.
2. 570.602. Section 109 of the Act addresses discrimination.
3. 570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The CITY, its
Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-Profits),
A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part 24), and A-
133 (Audits of Institutions of Higher Education and Other Non-Profit Institutions), as
applicable, as they relate to the acceptance and use of Federal funds under this part. The
applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are set forth at 570.502.
247
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372 allows States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the construction or planning of water or sewer facilities.
13. 570.613. Eligibility restrictions for certain resident aliens.
14. 570.614. Architectural Barriers Act and the Americans with Disabilities Act. Federal
regulations issued pursuant thereto, which prohibit discrimination against the disabled in
any federally assisted program, the requirements of the Architectural Barriers Act of 1968
(42 U.S.C. 4151-4157) and the applicable requirements of Title II and/or Title III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), the requirements of
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations
issued pursuant thereto.
15. Drug Free Work Place. The requirements of the Drug Free Workplace Act of 1988
(P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24.
16. Religious Organizations. If the CORPORATION is a religious organization, as defined
by the CDBG program, all conditions prescribed by HUD for the use of CDBG Funds by
religious organizations, including the First Amendment of the United States Constitution
regarding church/state principles and the applicable constitutional prohibitions set forth in
24 C.F.R. Section 570.200(j).
17. Flood Disaster Protection. The Flood Disaster Protection Act of 1973 (P.L. 93-234).
No portion of the assistance provided under this Agreement is approved for acquisition or
construction purposes as defined under Section 3(a) of said Act, for use in an area
identified by HUD as having special flood hazards which is located in a community not
then in compliance with the requirements for participation in the national flood insurance
program pursuant to Section 201(d) of said Act. The use of any assistance provided under
this Agreement for such acquisition or construction in such identified areas in
communities then participating in the national flood insurance program is subject to the
mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any
contract or Agreement for the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Agreement is to contain certain provisions.
These provisions will apply if such land is located in an area identified by HUD as having
special flood hazards and in which the sale of flood insurance has been made available
under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.
These provisions obligate the transferee and its successors or assigns to obtain and
maintain, during the ownership of such land, such flood insurance as required with
respect to financial assistance for acquisition or construction purposes under -Section
102(s) of the Flood Disaster Protection Act of 1973. Such provisions are required
notwithstanding the fact that the construction on such land is not itself funded with
assistance provided under this Agreement.
248
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FY 2016-17 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract
18. Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribe
procedures for compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5.
19. HUD Regulations. Any other HUD regulations present or as may be amended, added, or
waived in the future pertaining to the Grant funds, including but not limited to HUD
regulations as may be promulgated regarding subrecipients.
249
19160 Stevens Creek Boulevard Proforma
updated 4.1.16
CONSTRUCTION SOURCES totalper unit
Construction Loan 11,504,320$ 383,477$
LP and GP Equity 727,570$ 24,252$
total 12,231,890$ 407,730$
PERMANENT SOURCES totalper unit
Amortizing Perm Loan, Tranche A 707,700$ 23,590$
Amortizing Perm Loan, Tranche B 583,700$ 19,457$
City of Cupertino BMR AHF 3,500,000$ 116,667$
Housing Trust of Silicon Valley 1,500,000$ 50,000$
Tax Credit Investor Proceeds 7,274,803$ 242,493$
total 13,566,203$ 452,207$
ACQUISITION totalper unit
Land 3,500,000$ 116,667$
Other Acquisition Costs 75,000$ 2,500$
Total Acquisition Costs3,575,000$ 119,167$
HARD COSTS
Resid. Site Work and Structures 4,412,850$ 147,095$
Escalation Contingency 441,285$ 14,710$
Overhead & Profit/GC/Ins. Bond 1,116,451$ 37,215$
Owner Contingency 298,529$ 9,951$
Total Hard Costs6,269,115$ 208,971$
SOFT COSTS
Architecture and Engineering 735,000$ 24,500$
Construction Loan interest and fees 590,961$ 19,699$
Permanent Financing 20,000$ 667$
Legal Fees 110,500$ 3,683$
Reserves 282,631$ 9,421$
Permits and Fees 269,396$ 8,980$
Other Soft Costs 313,599$ 10,453$
Developer Fee 1,400,000$ 46,667$
Total Soft Costs3,722,087$ 124,070$
TOTAL DEVELOPMENT COSTS 13,566,203$ 452,207$
SOURCES AND USES
PERMANENT USES
250
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1544 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:2/25/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Appeal of a Planning Commission decision to deny an appeal of a Director’s approval of a
Two-Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-family
residence and a Minor Residential Permit (RM-2015-08) to allow a second story balcony on the new
residence. (Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc. (Kingkay Capital,
LLC); Appellant: Jan Kucera Jr., and Matthew R. and Angela M.D. Miller; Location: 21900 Oakview
Lane; APN: 326-19-105)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution 16-
B - Plan Set
C - Appeal Filed by Jan Kucera Jr.
D - Appeal Filed by Matthew R. Miller and Angela M.D. Miller
E - Comment Letters
F - Resolution No. 6798
G - Resolution No. 6799
H - Planning Commission Staff Report, 2-23-16
I - Planning Commission Meeting Minutes, 2-23-16
J - Original Appeal of Director’s Decision filed by Matthew R. Miller and Angela M.D. Miller
K - Two-Story and Minor Residential Permits Action Letter, 1-8-16
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:AppealofaPlanningCommissiondecisiontodenyanappealofaDirector’sapproval
ofaTwo-StoryPermit(R-2015-08)toallowtheconstructionofanew5,140-square-footsingle
-familyresidenceandaMinorResidentialPermit(RM-2015-08)toallowasecondstory
balconyonthenewresidence.(ApplicationNo.R-2015-08andRM-2015-08;Applicant:WEC
&Assoc.(KingkayCapital,LLC);Appellant:JanKuceraJr.,andMatthewR.andAngelaM.D.
Miller; Location: 21900 Oakview Lane; APN: 326-19-105)
AdoptResolutionNo.16-040todenytheappealandupholdthePlanningCommission's
decision per PC Resolution No(s). 6798 and 6799
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
powered by Legistar™251
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: April 19, 2016
Subject
Appeal of a Planning Commission decision to deny an appeal of a Director’s approval of a
Two-Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-
family residence and a Minor Residential Permit (RM-2015-08) to allow a second story
balcony on the new residence. (Application No. R-2015-08 and RM-2015-08; Applicant:
WEC & Assoc. (Kingkay Capital, LLC); Appellant: Jan Kucera Jr., and Matthew R. and
Angela M.D. Miller; Location: 21900 Oakview Lane; APN: 326-19-105)
Recommended Action
Adopt draft resolution to deny the appeal and uphold the Planning Commission’s decision
(see Attachment A).
Discussion
Background
On March 20, 2015 the applicant, WEC & Assoc. (Kingkay Capital, LLC), applied for a
Two-Story Permit to construct a new 5,140-square-foot single-family residence and a Minor
Residential Permit to construct a second story balcony on the new residence located at
21900 Oakview Lane (see Attachment B). The subject property is located in the R1-10
zoning district that permits two-story homes with a maximum Floor Area Ratio (FAR) of
45% and up to 28 feet in height. The applicant is not proposing to have any outdoor sheds
etc., which would increase the FAR beyond 45%. The project is not subject to design review
since the proposed second floor is less than 66% of the square footage of the first floor and
provides at least 15-foot side yard setbacks on the second floor.
Prior to the public comment period, the appellants and other property owners expressed
their concerns regarding reduced daylight exposure, privacy impacts, potential existing
ground contamination, noise impacts due to construction, and overall project design and
massing to staff. Since staff and the applicant were made aware of these concerns prior to
the completion of the application packet, the applicant adjusted the design through minor
252
architectural changes and proposed adequate mitigation plantings as required by the R-1
Ordinance in subsequent project submittals. Additionally, during the two-week public
comment period, the applicant separately met with the east and west property owners to
discuss lingering concerns that were raised and modified window treatments, privacy
mitigation planting plan, and offered monthly pool cleaning to the eastern property owners
during construction.
The proposal meets the prescriptive requirements of the Single-Family Residential (R-1)
Ordinance and other applicable City ordinances and was approved by the Community
Development Director on January 8, 2016. The decision was appealed by Matthew R. and
Angela M.D. Miller (eastern property owner at 21884 Oakview Lane) on January 21, 2016
and brought to the February 23, 2016 Planning Commission public hearing. The
Commission was tasked to look at whether the proposed project met the criteria set forth in
the Municipal Code and determined that there were no findings to grant the appeal (see
Attachment H – Planning Commission staff report provides the discussion related to the
appeal). Therefore, the Planning Commission upheld the Director’s approval and denied
the appeal. The Planning Commission’s decision was subsequently appealed by Jan Kucera
Jr. (western property owner at 21917 Oakview Lane) on February 24, 2016 and by Matthew
R. and Angela M.D. Miller on March 1, 2016 (see Attachment C and D).
Basis of Appeal
The appellants’ basis of appeal of the Planning Commission’s decision is summarized
below and categorized into the following topics. Where appropriate, staff's responses are in
italics.
Appellant Jan Kucera Jr.’s basis of appeal is on the “false findings of the Planning
Department regarding privacy, windows, setbacks and detriments to my lifestyle” and that
the project is “far from harmonious with anything we as neighbors call home.” Appellants
Matthew R. and Angela M.D. Miller states that the Planning Commission “did not solve
our privacy issues or solar shading issues on our swimming pool or our roof”; they “believe
that this two story construction is not harmonious” is a “detrimental to our existing
properties,” and want to see “only single story new construction on the cul-de-sac.”
1. Privacy impacts
The intent of the R-1 Ordinance landscape requirements for two-story single-family
construction is to provide a reasonable level of privacy to residential lots through tree and shrub
plantings for all second story windows and balconies. Such privacy planting requirements do not
apply to windows that measure more than five feet from finished floor to window sill, are
obscured and inoperable, etc. The applicant has complied with the R-1 Ordinance by proposing
to plant all the required privacy planting to ensure that visual impacts into the neighbors’ side
253
and rear yards are mitigated. During the comment period, the appellant (eastern property owner
at 21884 Oakview Lane) voiced their concerns to the applicant regarding the existing trees and
the proposed privacy trees limiting sun exposure and the potential increase in yard maintenance.
In response, the applicant agreed to remove eight Italian Cypresses and the appellant agreed to
waive any additional privacy protection measures that the applicant would have had to plant.
Additionally, the applicant modified the western elevation by providing obscured and non-
operable windows to the master bathroom and one of the second story bedrooms to address the
privacy concerns of the other appellant (western property owner at 21917 Oakview Lane).
2. Windows
The appellant (western property owner at 21917 Oakview Lane) states that false findings were
made regarding windows. However, there are no findings in the R-1 Ordinance associated with
second story windows. Although the R-1 Ordinance does not limit the number of windows on a
project, it does address concerns about privacy impacts that may result from unlimited glazing.
The R-1 Ordinance requires all second story windows that are not exempt from privacy
plantings (listed in response #1) provide trees or shrubs in an area bounded by a thirty-degree
angle measured from the side edge on each window jamb. The applicant proposes mitigation
plantings on all applicable windows subject to the plantings.
3. Setbacks
The property is located in the R-10 zoning district and is proposed to meet the required setbacks
regulations as depicted in the chart below. Additionally, since the project proposed at least 15’
second floor side yard setbacks, the project is not subject to the Design Review process.
First floor outline
30°
Privacy Planting Tree
Width of
second story
window
Second story
outline
254
Required Proposed
Setbacks: First Floor Second Floor First Floor Second Floor
Side Combined 15’ (no
side less than 5’)
Combined 25’ (no
side less than 10’)
10’-9” (west) and 5’
(east)
15’-7” (west) and
20’-1” (east)
Front 20’ 25’ 25’ 29’ – 5”
Rear 20’ 25’ 32’ – 11” 36’ – 7”
4. Detriments to lifestyle and existing properties and effect on quality of life
The project is located within the R1-10 Single Family residential zoning district, reinforces the
predominately low-intensity use settings, and deemed compatible with the residential uses in the
surrounding residential neighborhood. The project is determined to be consistent with the
regulations in the R-1 Ordinance, therefore not detrimental or injurious to property.
5. Solar shading on pool and roof
In order to preserve and enhance residential lots, one of the guiding purposes of the R-1
Ordinance is to ensure provisions of light, air and a reasonable level of privacy to individual
residential parcels. These purposes are addressed through the prescriptive requirements within
the R-1 Ordinance for building setbacks and daylight plane. The daylight plane established for
the single story portion of the project ensures light and air at the single story level while
increased setback requirements on the second level ensure that a reasonable level of sunlight and
air is available for neighbors. The proposed project meets and exceeds setbacks and the first floor
portion of the two-story structure is within the daylight plane as required by the R-1 Ordinance.
6. Not harmonious at end of cul-de-sac
One of the purposes of the R-1 Ordinance is to ensure a reasonable level of compatibility in scale
of structures within residential neighborhoods. Although the adjacent properties are single-story
homes, there are three other two-story homes on the street and several other newer and older two-
story homes in the general neighborhood. This is a neighborhood in transition and most new
homes proposed within the neighborhood are two-story.
The size of the home is based on the allowable Floor Area Ratio (FAR). In the case of a property
zoned R-1, the allowable FAR is 45% of the net lot area with no maximum house size
limitations. This means that a larger lot could have a larger home developed on the site while a
smaller lot would have a smaller home. The proposed FAR maximizes the development potential
on the property, but does not exceed the allowable FAR.
7. Residents in cul-de-sac only want to see single story construction.
Since the subject property is not located in a Single Family Residential District Restricted to
One Story (indicated with the “i” suffix), a proposed project on the site cannot be required to be
limited to a single story. The subject property’s zoning (R1-10) permits the applicant to
255
construct up to a two-story home provided that all development regulations regarding two-story
developments (floor area ratios, setbacks, second-to-first floor ratio, etc.) are met. In addition, the
R-1 Ordinance allows a maximum height of 28 feet (no more than two stories) for principal
dwellings on the site. The proposed building is 25 feet 4 inches in height and therefore, under the
maximum allowed height in this zoning district. The residents have been advised of the option
and process of designating their neighborhood to a Single Family Residential District Restricted
to One Story. While this would not apply to the current project, future projects could be limited
to a single story if the neighborhood receives a One Story designation.
Noticing and Public Outreach
The following table is a brief summary of the noticing done for this appeal:
Notice of Public Hearing, Site Signage & Legal Ad Agenda
13 public hearing notices mailed to interested
parties and property owners adjacent to the project
site (at least 14 days prior to hearing)
Newspaper posting (at least 10 days prior to hearing)
Site Signage (City-provided appeal signage placed on site
at least 14 days prior to hearing)
Posted on the City's official
notice bulletin board (one
week prior to hearing)
Posted on the City of
Cupertino’s Web site (one
week prior to hearing)
Staff received an e-mail from the appellant (Angela M.D. Miller) and an e-mail from a
Cupertino resident regarding the Planning Commission meeting. This property owner did
not provide an address but was e-mailed a Notice of Public Hearing for this City Council
meeting (Attachment E).
CEQA
The project is categorically exempt from the California Environmental Quality Act (CEQA)
per section 15303 (New construction or conversion of small structures) of the CEQA
Guidelines.
Sustainability Impact
None.
Fiscal Impact
None.
_________________
Prepared by: Ellen Yau, Assistant Planner
Reviewed by: Benjamin Fu, Assistant Director of Community Development
Aarti Shrivastava, Assistant City Manager
256
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Draft Resolution
B. Plan Set
C. Appeal Filed by Jan Kucera Jr.
D. Appeal Filed by Matthew R. Miller and Angela M.D. Miller
E. Comment Letters
F. Resolution No. 6798
G. Resolution No. 6799
H. Planning Commission Staff Report, 2/23/2016
I. Planning Commission Meeting Minutes, 2/23/2016
J. Original Appeal of Director’s Decision filed by Matthew R. Miller and Angela M.D.
Miller
K. Two-Story and Minor Residential Permits (R-2015-08 and RM-2015-08) action letter,
1/8/2016
257
R-2015-08 and RM-2015-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION NO. 16-_____
OF THE CITY COUNCIL OF CUPERTINO DENYING AN APPEAL AND UPHOLDING
THE PLANNING COMMISSION’S FEBRUARY 23, 2016 DECISION TO DENY AN
APPEAL OF A DIRECTOR’S APPROVAL OF A TWO-STORY PERMIT (R-2015-08) TO
ALLOW THE CONSTRUCTION OF A NEW 5,140-SQUARE-FOOT SINGLE-FAMILY
RESIDENCE AND A MINOR RESIDENTIAL PERMIT (RM-2015-08) TO ALLOW A
SECOND STORY BALCONY ON THE NEW RESIDENCE (APPLICATION NO. R-2015-08
AND RM-2015-08 LOCATED AT 21900 Oakview Lane, (APN: 326-19-105)
SECTION I: PROJECT DESCRIPTION
Application No.: R-2015-08 and RM-2015-08
Applicant: WEC & Assoc. (Kingkay Capital, LLC)
Property Owner: George Wang
Appellants: Jan Kucera Jr., and Matthew R. and Angela M.D. Miller
Location: 21900 Oakview Lane, (APN: 326-19-105)
SECTION II: FINDINGS FOR A TWO-STORY AND MINOR RESIDENTIAL PERMITS:
WHEREAS, the City Council of the City of Cupertino received an appeal of the Planning Commission’s
February 23, 2016 approval for a Two-Story Permit and a Minor Residential Permit as described in
Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council is the final decision maker for this application, and, based upon its
independent judgment determines that the project is determined to be categorically exempt from the
California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds as follows with regard to this application:
1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
The project is consistent with the regulations and intent of the Cupertino General Plan and Single-Family
Residential (R-1) Ordinance. The project complies with all established and required setbacks, floor area
258
Draft Resolution No. 16- R-2015-08 and RM-2015-08 April 19, 2016
ratio limitations, privacy protection planting requirements and other Municipal Code requirements. In
addition, the proposed development meets all prescriptive development requirements of the Parking,
Landscape, and Fence ordinances; and the two-story non-discretionary permit procedural requirements in
the R-1 Ordinance.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health, safety
or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to property
improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the
projects is located within the R1-10 (Single Family Residential) zoning district, and will be compatible
with the surrounding residential uses of the neighborhood. The purpose of the R-1 ordinance is to provide
light, air and a reasonable level of privacy to individual residential parcels, ensure a reasonable level of
compatibility in scale of structures within the neighborhood and reinforce the predominantly low-intensity
setting in the community through setbacks, daylight plane and privacy planting requirements, and other
prescriptive requirements incorporated within the R-1 Ordinance. The neighborhood is in transition and
there is a healthy mix of single-story and two-story homes in the general area making the proposed project
compatible with the neighborhood.
3. The proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single-family homes with a mix of single-
story and two-story homes. There are three other two-story homes on the street and several other newer
and older two-story homes in the general neighborhood. This is a neighborhood in transition and most new
homes proposed within the neighborhood are two-story. Overall, the proposed project maintains the single-
family home scale found compatible with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated through the privacy
protection plantings and installation of a front-yard tree as required.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution and the Planning
Commission Resolution numbers 6798 and 6799,
The appeal of the applications for a Two-Story and a Minor Residential Permits, Application nos. R-2015-
08 and RM-2015-08 is hereby DENIED, and the Planning Commission’s February 23, 2016 approval is
hereby UPHELD, and that the subconclusions upon which the findings and conditions specified in this
Resolution and Planning Commission Resolutions 6798 and 6799, are based and contained in the Public
Hearing record concerning Application nos. R-2015-08 and RM-2015-08 as set forth in the Minutes of the
Planning Commission Meeting of February 23, 2016 and City Council Meeting of April 19,2016, and are
incorporated by reference as though fully set forth herein.
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Draft Resolution No. 16- R-2015-08 and RM-2015-08 April 19, 2016
Prior to seeking judicial review of this decision, any interested party, including an applicant, must
file a petition for reconsideration with the city clerk within ten days after the date of mailing of
this decision under Municipal Code §2.08.096. The time for an appeal of a final decision is
governed by Code of Civil Procedure Section 1094.6.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on a plan set entitled, “New Residence 21900 Oakview Lane, Cupertino CA”
consisting of eleven sheets labeled “A.1 to A.10 and a topographic survey”, dated “Received January
6, 2016” except as may be amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
3. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form,
including, but not limited to, dedications, easements, off-site improvements, undergrounding of
utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the
Director of Public Works and required for public health and safety. The Public Works Confirmation
is a preliminary review, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction permitting process. The
project construction plans shall address these requirements with the construction permit submittal,
and all required improvements shall be completed to the satisfaction of the Director of Public Works
prior to final occupancy.
5. GEOTECHNICAL PLAN REVIEW
The applicant’s geotechnical consultant shall inspect, test, and approve all geotechnical aspects of
the development plans to ensure that their recommendations have been incorporated. The
Geotechnical Plan Review should be submitted to the City for review by the City staff prior to
issuance of permits.
6. GEOTECHNICAL CONSTRUCTION INSPECTIONS
The applicant’s geotechnical consultant shall inspect, test (as needed), and approve all geotechnical
aspects of the project construction. The inspections shall include, but not necessarily be limited to:
site preparation and grading, site surface and subsurface drainage improvements and excavations
for foundations and retaining walls prior to the placement of steel and concrete. The following shall
specifically be performed:
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Draft Resolution No. 16- R-2015-08 and RM-2015-08 April 19, 2016
The applicant’s geotechnical consultant shall inspect all foundation excavations to ensure that the
subsurface conditions are as anticipated, and that footings are embedded sufficiently into competent
earth materials.
The results of these inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter and submitted to the City Engineer for review prior to final
project approval.
7. PRIVACY PLANTING
The neighbors on the east side stated they will waive the privacy tree requirement in order to gain
sun exposure to their property, therefore those privacy plantings are not indicated on the plans.
Prior to building permit issuance, the applicant shall submit the waiver and the final privacy-
planting plan (of all required privacy planting) for review and approval from the Planning Division.
The variety, size, and planting distance shall be consistent with the City’s requirements. Should a
waiver not be obtained, the applicant shall plant all required privacy planting in compliance with
the R-1 Ordinance.
8. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property owners of
the privacy protection measures and tree protection requirements consistent with the R-1
Ordinance, for all windows with views into neighboring yards and a sill height that is 5 feet or less
from the second story finished floor. The precise language will be subject to approval by the
Director of Community Development. Proof of recordation must be submitted to the Community
Development Department prior to final occupancy of the residence.
9. LANDSCAPE PROJECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and 492.3 of
the Department of Water Resources Model Water Efficient Landscape Ordinance, for projects with
landscape area more than 500 square feet; the applicant shall submit either a full landscape project
submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Department of
Water Resources Model Water Efficient Landscape Ordinance for projects with landscape area
more than 500 square feet and less than 2,500 square feet. The Landscape Documentation Package
or Prescriptive Compliance Checklist shall be reviewed and approved to the satisfaction of the
Director of Community Development prior to issuance of building permits.
10. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
11. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits. The final building
exterior plan shall closely resemble the details shown on the original approved plans. Any exterior
changes determined to be substantial by the Director of Community Development shall require a
minor modification approval with neighborhood input.
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Draft Resolution No. 16- R-2015-08 and RM-2015-08 April 19, 2016
12. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its
City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from
and against any claim, action, or proceeding brought by a third party against one or more of
the indemnified parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the project, including
(without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense of
the litigation. The applicant shall pay such attorneys’ fees and costs within 30 days following receipt
of invoices from City. Such attorneys’ fees and costs shall include amounts paid to counsel not
otherwise employed as City staff and shall include City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.
13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 19th day of April, 2016, Regular Meeting of the City Council of the City of
Cupertino, State of California, by the following roll call vote:
AYES: CITY COUNCIL MEMBERS:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: APPROVED:
Grace Schmidt Barry Chang, Mayor
City Clerk City of Cupertino
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R-2015-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6798
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING AN APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY
DEVELOPMENT’S DECISION TO ALLOW THE CONSTRUCTION OF A NEW 5,140
SQUARE FOOT SINGLE FAMILY RESIDENCE AT 21900 OAKVIEW LANE
SECTION I: PROJECT DESCRIPTION
Application No.: R-2015-08
Applicant: WEC & Assoc. (Kingkay Capital, LLC)
Appellant: Matthew and Angela Miller, 21884 Oakview Lane
Location: 21900 Oakview Lane. (APN 326-19-105)
SECTION II: FINDINGS FOR A TWO STORY PERMIT:
WHEREAS, the City of Cupertino received an application for a Two-Story Permit as
described in Section I of this Resolution;
WHEREAS, the necessary notices were given and the comment period for the application
was provided as required by the Procedural Ordinance of the City of Cupertino;
WHEREAS, the City was able to make the findings required under Section 19.28.140 (B)
and the application was approved with conditions on January 8, 2016; and
WHEREAS, the notice of decision was mailed to the appropriate parties, including the
applicant and any person who contacted City staff with comments during the comment
period, notifying them about the possibility of appealing a project; and
WHEREAS, the Planning Commission of the City of Cupertino received an appeal for the
Community Development Director’s approval of the Two-Story Permit; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the appeal; and
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Resolution No. 6798 R-2015-08 February 23, 2016
WHEREAS, the appellant has not met the burden of proof required to support said appeal;
and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
The project is consistent with the regulations and intent of the Cupertino General Plan and
Single-Family Residential (R-1) Ordinance. The project complies with all established and
required setbacks, floor area ratio limitations, privacy protection planting requirements and
other Municipal Code requirements. In addition, the proposed development meets all prescriptive
development requirements of the Parking, Landscape, and Fence ordinances; and the two-story
non-discretionary permit procedural requirements in the R-1 ordinance.
b) The granting of the permit will not result in a condition that is detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the public
health, safety or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health, safety or
welfare as the projects is located within the R1-10 (Single Family Residential) zoning district,
and will be compatible with the surrounding uses of the neighborhood. The purpose of the R-1
ordinance is to provide light, air and a reasonable level of privacy to individual residential
parcels, ensure a reasonable level of compatibility in scale of structures within the neighborhood
and reinforce the predominantly low-intensity setting in the community through setbacks,
daylight plane and privacy planting requirements, and other prescriptive requirements
incorporated within the R-1 Ordinance. The neighborhood is in transition and there is a healthy
mix of single-story and two-story homes in the general area making the proposed project
compatible with the neighborhood.
c) The proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single-family homes with a mix
of single-story and two-story homes. There are three other two-story homes on the street and
several other newer and older two-story homes in the general neighborhood. Overall, the
proposed project maintains the single-family home scale found compatible with the general
neighborhood.
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Resolution No. 6798 R-2015-08 February 23, 2016
d) Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated through
the privacy protection plantings and installation of a front-yard tree as required.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 2 thereof, the appeal of an application for a Two-Story Permit,
Application no. R-2015-08 is hereby denied and the Director of Community Development’s
approval of the Two-Story Permit is upheld; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application
no. R-2015-08 as set forth in the Minutes of Planning Commission Meeting of February 23,
2016, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROJECT
This approval is based on a plan set entitled, “New Residence 21900 Oakview Lane,
Cupertino CA” consisting of eleven sheets labeled “A.1 to A.10 and a topographic
survey”, dated “Received January 6, 2016” except as may be amended by conditions in
this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. RM-2015-08 shall be applicable to this
approval.
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Resolution No. 6798 R-2015-08 February 23, 2016
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form, including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and
required for public health and safety. The Public Works Confirmation is a preliminary
review, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction permitting
process. The project construction plans shall address these requirements with the
construction permit submittal, and all required improvements shall be completed to the
satisfaction of the Director of Public Works prior to final occupancy.
6. GEOTECHNICAL PLAN REVIEW
The applicant’s geotechnical consultant shall inspect, test, and approve all geotechnical
aspects of the development plans to ensure that their recommendations have been
incorporated. The Geotechnical Plan Review should be submitted to the City for review
by the City staff prior to issuance of permits.
7. GEOTECHNICAL CONSTRUCTION INSPECTIONS
The applicant’s geotechnical consultant shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements and excavations for foundations and retaining walls prior to
the placement of steel and concrete. The following shall specifically be performed:
The applicant’s geotechnical consultant shall inspect all foundation excavations to
ensure that the subsurface conditions are as anticipated, and that footings are
embedded sufficiently into competent earth materials.
The results of these inspections and the as-built conditions of the project shall be
described by the geotechnical consultant in a letter and submitted to the City Engineer
for review prior to final project approval.
8. PRIVACY PLANTING
The neighbors on the east side stated they will waive the privacy tree requirement in
order to gain sun exposure to their property, therefore those privacy plantings are not
indicated on the plans. Prior to building permit issuance, the applicant shall submit the
waiver and the final privacy-planting plan (of all required privacy planting) for review
and approval from the Planning Division. The variety, size, and planting distance shall
be consistent with the City’s requirements. Should a waiver not be obtained, the
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Resolution No. 6798 R-2015-08 February 23, 2016
applicant shall plant all required privacy planting in compliance with the R-1
Ordinance.
9. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements consistent
with the R-1 Ordinance, for all windows with views into neighboring yards and a sill
height that is 5 feet or less from the second story finished floor. The precise language
will be subject to approval by the Director of Community Development. Proof of
recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
10. LANDSCAPE PROJECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1,
and 492.3 of the Department of Water Resources Model Water Efficient Landscape
Ordinance, for projects with landscape area more than 500 square feet; the applicant
shall submit either a full landscape project submittal or submit the Prescriptive
Compliance Checklist per Appendix D of the Department of Water Resources Model
Water Efficient Landscape Ordinance for projects with landscape area more than 500
square feet and less than 2,500 square feet. The Landscape Documentation Package or
Prescriptive Compliance Checklist shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
11. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Community
Development Department.
12. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior
color, material, architectural treatments and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. The final building exterior plan shall closely resemble the details shown on the
original approved plans. Any exterior changes determined to be substantial by the
Director of Community Development shall require a minor modification approval with
neighborhood input.
13. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
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Resolution No. 6798 R-2015-08 February 23, 2016
“indemnified parties”) from and against any claim, action, or proceeding brought by a
third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or any
permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys’ fees and costs incurred in defense of the
litigation. The applicant shall pay such attorneys’ fees and costs within 30
days following receipt of invoices from City. Such attorneys’ fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
14. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of
the amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this
90-day period complying with all of the requirements of Section 66020, you will be
legally barred from later challenging such exactions.
PASSED AND ADOPTED this 23rd day of February, 2016, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Sun, Paulsen, Lee
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Piu Ghosh ________ /s/Alan Takahashi________
Piu Ghosh Alan Takahashi
Principal Planner Chair, Planning Commission
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RM-2015-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6799
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING AN APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY
DEVELOPMENT’S DECISION TO ALLOW THE CONSTRUCTION OF A SECOND-
STORY BALCONY ON THE NEW RESIDENCE AT 21900 OAKVIEW LANE
SECTION I: PROJECT DESCRIPTION
Application No.: RM-2015-08
Applicant: WEC & Assoc. (Kingkay Capital, LLC)
Appellant: Matthew and Angela Miller, 21884 Oakview Lane
Location: 21900 Oakview Lane. (APN 326-19-105)
SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT:
WHEREAS, the City of Cupertino received an application for a Minor Residential Permit as
described in Section I of this Resolution;
WHEREAS, the necessary notices were given and the comment period for the application
was provided as required by the Procedural Ordinance of the City of Cupertino;
WHEREAS, the City was able to make the findings required under Section 19.28.140 (A)
and the application was approved with conditions on January 8, 2016; and
WHEREAS, the notice of decision was mailed to the appropriate parties, including the
applicant and any person who contacted City staff with comments during the comment
period, notifying them about the possibility of appealing a project; and
WHEREAS, the Planning Commission of the City of Cupertino received an appeal for the
Community Development Director’s approval of the Minor Residential Permit; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the appeal; and
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Resolution No. 6799 RM-2015-08 February 23, 2016
WHEREAS, the appellant has not met the burden of proof required to support said appeal;
and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
The project is consistent with the regulations and intent of the Cupertino General Plan and
Single-Family Residential (R-1) Ordinance. The project complies with all established and
required setbacks, privacy protection planting requirements and other Municipal Code
requirements. In addition, the second story balcony and privacy protection requirements of the
R-1 Ordinance are met.
b) The granting of the permit will not result in a condition that is detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the public
health, safety or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health, safety or
welfare as the projects is located within the R1-10 (Single Family Residential) zoning district,
and will be compatible with the surrounding uses of the neighborhood. The purpose of the R-1
ordinance is to provide light, air and a reasonable level of privacy to individual residential
parcels, ensure a reasonable level of compatibility in scale of structures within the neighborhood
and reinforce the predominantly low-intensity setting in the community through prescriptive
requirements incorporated in the R-1 ordinance. The neighborhood is in transition and there is a
healthy mix of single story and two story homes in the general area making the proposed project
compatible with the neighborhood.
c) The proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single-family homes with a mix
of single-story and two-story homes. The proposed project maintains the single-family home scale
found compatible with the general neighborhood.
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Resolution No. 6799 RM-2015-08 February 23, 2016
d) Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated through
the privacy protection plantings required to reasonably obscure the viewsheds of the second story
balcony.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 2 thereof, the appeal of an application for a Minor Residential Permit,
Application no. RM-2015-08 is hereby denied and the Director of Community
Development’s approval of the Minor Residential Permit is upheld; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application
no. RM-2015-08 as set forth in the Minutes of Planning Commission Meeting of February
23, 2016, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROJECT
This approval is based on a plan set entitled, “New Residence 21900 Oakview Lane,
Cupertino CA” consisting of eleven sheets labeled “A.1 to A.10 and a topographic
survey”, dated “Received January 6, 2016” except as may be amended by conditions in
this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. R-2015-08 shall be applicable to this
approval.
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Resolution No. 6799 RM-2015-08 February 23, 2016
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form, including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and
required for public health and safety. The Public Works Confirmation is a preliminary
review, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction permitting
process. The project construction plans shall address these requirements with the
construction permit submittal, and all required improvements shall be completed to the
satisfaction of the Director of Public Works prior to final occupancy.
6. GEOTECHNICAL PLAN REVIEW
The applicant’s geotechnical consultant shall inspect, test, and approve all geotechnical
aspects of the development plans to ensure that their recommendations have been
incorporated. The Geotechnical Plan Review should be submitted to the City for review
by the City staff prior to issuance of permits.
7. GEOTECHNICAL CONSTRUCTION INSPECTIONS
The applicant’s geotechnical consultant shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements and excavations for foundations and retaining walls prior to
the placement of steel and concrete. The following shall specifically be performed:
The applicant’s geotechnical consultant shall inspect all foundation excavations to
ensure that the subsurface conditions are as anticipated, and that footings are
embedded sufficiently into competent earth materials.
The results of these inspections and the as-built conditions of the project shall be
described by the geotechnical consultant in a letter and submitted to the City Engineer
for review prior to final project approval.
8. PRIVACY PLANTING
The neighbors on the east side stated they will waive the privacy tree requirement in
order to gain sun exposure to their property, therefore those privacy plantings are not
indicated on the plans. Prior to building permit issuance, the applicant shall submit the
waiver and the final privacy-planting plan (of all required privacy planting) for review
and approval from the Planning Division. The variety, size, and planting distance shall
be consistent with the City’s requirements. Should a waiver not be obtained, the
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applicant shall plant all required privacy planting in compliance with the R-1
Ordinance.
9. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements consistent
with the R-1 Ordinance, for all windows with views into neighboring yards and a sill
height that is 5 feet or less from the second story finished floor. The precise language
will be subject to approval by the Director of Community Development. Proof of
recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
10. LANDSCAPE PROJECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1,
and 492.3 of the Department of Water Resources Model Water Efficient Landscape
Ordinance, for projects with landscape area more than 500 square feet; the applicant
shall submit either a full landscape project submittal or submit the Prescriptive
Compliance Checklist per Appendix D of the Department of Water Resources Model
Water Efficient Landscape Ordinance for projects with landscape area more than 500
square feet and less than 2,500 square feet. The Landscape Documentation Package or
Prescriptive Compliance Checklist shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
11. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Community
Development Department.
12. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior
color, material, architectural treatments and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. The final building exterior plan shall closely resemble the details shown on the
original approved plans. Any exterior changes determined to be substantial by the
Director of Community Development shall require a minor modification approval with
neighborhood input.
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13. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
“indemnified parties”) from and against any claim, action, or proceeding brought by a
third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or any
permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys’ fees and costs incurred in defense of the
litigation. The applicant shall pay such attorneys’ fees and costs within 30
days following receipt of invoices from City. Such attorneys’ fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
14. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of
the amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this
90-day period complying with all of the requirements of Section 66020, you will be
legally barred from later challenging such exactions.
PASSED AND ADOPTED this 23rd day of February, 2016, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Sun, Paulsen, Lee
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Piu Ghosh ________ /s/Alan Takahashi________
Piu Ghosh Alan Takahashi
Principal Planner Chair, Planning Commission
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PLANNING COMMISSION STAFF REPORT
Agenda Item No. Agenda Date: February 23, 2016
SUBJECT:
Consider an appeal of Two-Story Permit (R-2015-08) to allow the construction of a new
5,140-square-foot single-family residence and a Minor Residential Permit (RM-2015-08) to
allow a second story balcony on the new residence. (Application No. R-2015-08 and RM-
2015-08; Applicant: WEC & Assoc. (Kingkay Capital, LLC)); Appellant: Matthew and
Angela Miller; Location: 21900 Oakview Lane; APN: 326-19-105)
RECOMMENDATION:
Staff recommends that the Planning Commission deny the appeal and uphold the
Community Development Director’s decision to approve the project in accordance with the
draft resolutions (see Attachment 1 and 2).
PROJECT DATA:
General Plan designation Low Density (1-5 DU/Ac.)
Zoning designation R1-10
Environmental review Categorically Exempt from CEQA under Section 15303
Net lot area 11,425 square feet
Project consistency with:
General Plan Yes
Zoning Yes
Allowed Proposed
Lot coverage 5,713 square feet (45% + 5% for
eaves/roof overhangs and covered
patios)
3,557 square feet (31.13%)
FAR 5,141 square feet (45%) 5,140 square feet (44.98%)
Height 28’ 25’ – 4”
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
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Allowed Proposed
Setbacks: First Floor Second Floor First Floor Second Floor
Side Combined 15’
(no side less
than 5’)
Combined 25’
(no side less
than 10’)
10’-9” (west)
and 5’ (east)
15’-7” (west) and
20’-1” (east)
Front 20’ 25’ 25’ 29’ – 5”
Rear 20’ 25’ 32’ – 11” 36’ – 7”
BACKGROUND:
On March 20, 2015 the applicant, WEC & Assoc. (Kingkay Capital, LLC), applied for a
Two-Story Permit to allow a new 5,140-square-foot single-family residence and a Minor
Residential Permit to allow a second story balcony on the new residence located at 21900
Oakview Lane (see Attachment 3). The project property is located in the R1-10 zoning
district that permits two-story homes with a maximum Floor Area Ratio (FAR) of 45%, up
to 28 feet in height. The applicant is not proposing to have any outdoor sheds etc., which
would increase the FAR beyond 45%. Additionally, the project is not subject to design
review since the proposed second floor is less than 66% of the square footage of the first
floor and provides at least 15-foot side yard setbacks on the second floor. The project is
consistent with all aspects of the Single-Family Residential (R-1) Ordinance and other
pertinent City ordinances.
Prior to the public comment period for the project, three property owners within the cul-
de-sac expressed concerns to staff about privacy impacts, reduced daylight exposure,
possible existing ground contamination, increased noise impacts due to construction in the
cul-de-sac, and overall project design and massing.
With subsequent project submittals, aside from meeting the prescriptive development
requirements as established in the Single-Family Residential Ordinance, the applicant
incorporated architectural trims to the western wall to provide relief on the portion of the
western elevation where the first and second floor walls are not offset. Additionally, during
the comment period, the applicant separately met with the east and west property owners
to discuss lingering concerns which resulted in the applicant:
Providing obscured and non-openable windows to the master bathroom and one of the
second story bedrooms on the western elevation;
Agreeing to remove the eight Italian Cypress trees on the subject site and removing new
privacy plantings proposed as requested by the eastern property owners; and
Offering monthly pool cleaning to the eastern property owners during construction.
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RM-2015-08 a Minor Residential Permit
The project was approved by the Community Development Director on January 8, 2016
with an increase in the front yard setback due to the property owner’s decision to meet the
recorded covenant against the properties within the original subdivision entitled
“Declaration of Restrictions” section (b) which states that “No dwelling shall be erected on
any building plot nearer than twenty-five (25) feet to the front property line.” The last day
to appeal the project was January 22, 2016; Matthew and Angela Miller, the property
owners to the east, appealed the approval of the Two Story Permit and Minor Residential
Permit on January 21, 2016 (see Attachment 4).
DISCUSSION:
Basis of the Appeal
The appellant's basis of appeal is summarized below. Where appropriate, staff's responses
are in italics.
1. Oakview Lane is a culdesac with 13 houses, only one of which has a complete second
story. That house was built years ago without the culdesac residents knowledge of its
two story size until it was too late to appeal.
One of the purposes of the R-1 Ordinance is to ensure a reasonable level of compatibility in scale
of structures within residential neighborhoods. There are three other two-story homes on the
street and several other newer and older two story homes in the general neighborhood. While the
appellant indicates that a majority of the homes on this street are single-story structures, there
are several two-story old and new homes in the residential neighborhood that this project is
proposed in. This is a neighborhood in transition and most new homes proposed within the
neighborhood are two-story.
Prior to 2005, the R-1 Ordinance allowed the construction of two story homes with a second to
first floor ratio of 35% or under to be built with a building permit and no noticing, comment
period or a public hearing. The house in reference was constructed in 1999.
2. “This is not a Minor Residential Permit in the scale of this project or zoning ordinances
since will affect in many aspects the four direct neighbors and others near by since the
size of this construction it is not harmonious with the other houses near by on this
street.”
Per the R-1 Ordinance, applications for second story balconies which may have privacy impacts
on neighbors’ side or rear yards are processed with a Minor Residential Permit as stipulated by
Section 19.28.040 (Permits Required for Development) per the procedures outlined in Chapter
19.12, Administration. The proposed plans included a rear facing second floor balcony; therefore,
a Minor Residential Permit was required and processed.
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3. “The project can’t be granted since it will result in a condition that is detrimental to the
the quality of the outdoor life of the owners of the houses around this new project and
their insurance of privacy, sunlight in their back yards, swimming pool, solar panels,
garden sun light, vegetable garden sunlight, a pollution view from the size of this
construction plan.”
One of the principal purposes of the R-1 Ordinance is to ensure provisions of light, air and a
reasonable level of privacy to individual residential parcels. These are implemented through the
setbacks, daylight plane and privacy planting requirements, and other prescriptive requirements
incorporated within the R-1 Ordinance. The daylight plane established for the single story
portion of the project ensures light and air at the single story level while increased setback
requirements on the second level ensure that a reasonable level of sunlight and air is available for
neighbors. In addition, all second story windows that are not exempt from privacy plantings are
required to provide trees or shrubs in an area bounded by a thirty-degree angle measured from
the edges on each side window jamb. The applicant proposes such plantings on all applicable
windows, but pursuant to a request by the property owner to the east, eliminated the proposed
privacy plantings on the eastern property line.
The size of the home is based on the allowable Floor Area Ratio (FAR). In the case of property
zoned R-1, the allowable FAR is 45% of the net lot area with no maximum house size
limitations. This means that a larger lot could have a larger home developed on the site while a
smaller lot would have a smaller home. The proposed FAR maximizes the amount of development
on the property, but does not exceed the allowable FAR.
4. “The proposed project is not harmonious in scale on adjoining properties or the other
neighbors in front of this project or the many houses in the cul-de-sac street.”
See response #1 and #3 regarding the size and scale of the home. The proposed project conforms
to the requirements of the R-1 Ordinance and does not seek any exceptions from it.
5. “The granting of the permit for this project will result in a condition that is detrimental
and injurious to property or improvements in the vicinity because we won’t have sun
on our swimming pool around 3:30 PM during summer time. We won’t be able in the
future to stall solar voltaic on our house according to our plans because the shadow this
project will create on our roof and backyard. Then neighbor on the other side will have
no sun light on his side yard at least until 1:00 PM and look which will have an impact
in his garden and property. He also will a have massive wall with windows against his
property. This will be a visual impact on his side.”
See response #3.
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6. “Adverse visual impacts on adjoining properties can’t be reasonably mitigated because
the damages, I mention above, this new project will cause in the neighborhood. We
want to clarify here the word neighborhood also means – ‘Quality or condition of being
neighbors.’ The size of this project is not harmonious on this street.”
The R-1 Ordinance requires mitigation of views from the proposed project in to side and rear
yards of other existing residential properties. It does not require mitigation of the visual impacts
of the proposed project from neighboring properties. In compliance with the R-1 Ordinance, the
applicant will be required to plant a 24-inch box front yard tree to mitigate the second story mass
from the street.
The applicant has also complied with the R-1 Ordinance by proposing to plant all the required
privacy planting to ensure that visual impacts in to the neighbor’s side and rear yards are
mitigated. During the comment period, the appellant (eastern property owner at 21884 Oakview
Lane) voiced their concerns to the applicant regarding the existing trees and the proposed
privacy trees limiting sun exposure and the potential increase in yard maintenance. In response
the applicant agreed to remove eight Italian Cypresses and the appellant agreed to waive any
additional privacy protection measures that the applicant would have had to plant.
7. “Many inconsistencies have been found in this project because there was no study done
by the owner or by the city for this project about the future consequences, which I
mentioned before. The City Code mention. (sunlight, the damage in receiving the sun
light on the pool of 21884 Oakview Lane and solar panels efficiency, the future lost of
vegetable garden this neighbor have, the visual impact from neighbors both sides, back
and in front of this project, not harmonious construction, the wrong design for this part
of the neighborhood, privacy issues because windows and balcony from this project, the
second floor height will impact our quality of life in using our swimming pool,
backyard, etc.).”
The R-1 Ordinance does not require the applicant to furnish studies on light impacts to adjacent
properties or to existing thermal panels if all prescriptive regulations regarding the first-floor
building envelope, overall building height, and first and second story setbacks are met. These
prescriptive requirements are deemed adequate to address light, and privacy issues. See response
#3.
8. “It will have a significant adverse visual and privacy impacts as viewed from all four
adjoining properties and in front the neighbors’s house which can’t be mitigated to the
maximum extent possible because the height of the second floor construction, windows
and balcony taking out our privacy and other issues I already mention above.”
See previous response #3 and #6 regarding visual and privacy impacts. In addition, the R-1
Ordinance allows a maximum height of 28 feet (no more than two stories) for principal
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RM-2015-08 a Minor Residential Permit
dwellings on the site. The proposed building is 25 feet 4 inches in height and therefore, under the
maximum allowed height in this zoning district.
9. “I already explain in the beginning this letter this project will injurious to the neighbors
in different matters.”
Refer to response #3 through #8.
10. “The exception to be granted is one that will require a modification in the design to a
one story house.”
Since the subject property is not located in a Single Family Residential District Restricted to
One Story (indicated with the “i” suffix), a proposed project on the site cannot be required to be
limited to a single story. The subject property’s zoning (R1-10) permits the applicant to
construct up to a two-story home provided that all development regulations regarding two-story
developments (floor area ratios, setbacks, second-to-first floor ratio, etc.) are met.
11. “The proposed design will result in significant impacts as viewed from four abutting
properties and front neighbors. The size of the house, the privacy with the window s
and balcony in the second floor, the intrusive design of the chimney in the side of the
house will have an impact on our view and architectural in the neighbor backyard of
21884 Oakview Lane, the enormous wall on the side of the neighbor at 21917 Oakview
Lane. The windows and balcony also with clear view of the sides and back neighbors.
The neighbors don’t want trees to be plant because they will shade more their house,
the roots will cause future problems on the fences, the leaves during winter in their
backyards, swimming pool, gutters and roofs.”
See response #3 regarding the size of the home. See response #3 and #6 regarding privacy and
visual impacts.
The proposed fireplace and chimney, adjacent to the eastern property line, encroaches less than
one foot into the required five-foot side yard setback. Architectural features, such as fireplaces,
cornices and eaves, are permitted to encroach up to three (3) feet into a required yard setback and
are exempt from daylight plane restrictions per the R-1 Ordinance.
The applicant addressed staff concerns about unarticulated walls (in particular the wall facing
21917 Oakview Lane) by adding architectural trims to denote the separation of first and second
floors.
12. “This project violates all the Municipal Code 19.28.140 (A), (B), (C), (D), which we have
been seen over and approved by the planning commission is this neighborhood. This
project must be modify to a one store house. This project is not harmonious with this
part of the street. We are sure, anyone that visits the site will see that.”
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RM-2015-08 a Minor Residential Permit
The project meets the findings listed in Sections 19.28.140 (A) and (B). However, Sections
19.28.140 (C) and (D) do not apply to the proposed project. The requested permits were approved
at an administrative level in compliance with the requirements of the Municipal Code. See
response #2 regarding the size and scale of the home.
13. “People who have lived here for decades have been discuss with the action of the city
plan commission in transforming this city in a polluted vision of construction, traffic,
more air pollution, less water and loose the quality of life. The planning commission
continue ignore complaints and our inputs from the tax payers. We need to pay a high
cost city appeal when this is our rights to have it without no cost. In many of the cases
we have been seen the abuse of the power from planning commission and the city
council to approve this high density constructions.”
The proposed project is an allowed use within the zoning district that it is proposed in and meets
all the prescriptive requirements outlined in the R-1 Ordinance as adopted by the City Council.
The City Council set the appeal fee at $182, much below the actual costs of processing and taking
an application through the appeal process, recognizing that appellants should not be priced out of
appealing a project, and that this would only cover a small portion of administrative, staff, and
processing time associated with appeals.
14. “This land for this project is big enough to built a one store house for a family of six
people.”
See response #10.
15. “The owner from this new project have many cypress pine trees in his property. These
kind of trees attract rats, garden snakes, damage the paint of our cars, fill the gutters
from our houses with pines, damage our plants, the yellow powder came from the trees
cause a lot allergies to the neighbors during spring time, dust in our houses. These trees
must be cut in both sides of this property as soon as possible before construction start.
These trees are detrimental for the neighbors. These cypruss trees hidden the real
impact of this construction in adjoining properties and already make shade in our
solar panels.”
See response #3 regarding privacy protection trees. Although the appellant stresses that these
trees be cut on both sides of the property, the western property owner (21917 Oakview Lane) has
stated his concerns regarding privacy, therefore no trees are proposed to be removed along the
western property line.
16. “We need to know the time of duration for this construction will be in any case of the
projects be approved or modify because in three occasions in this street we have
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neighbors built or remodel their houses and took more time than the normal period
necessary for it. A lot problems of dust, noise, traffic of big trucks, construction people
which we don’t know looking over our house, damage our front yard and healthy
issues because the dust. What kind the fence will be add around construction and hight
to protect us from all these factors. The neighbors would have a communication when
the house will be demolish and how long will take it.”
The timeline of construction will be determined by the applicant, but construction will need to be
initiated prior to the expiration dates of the two planning permits. The applicant has one year
from the date of final decision on the project (i.e., from the date of decision on all appeals) to
apply for building permits. Once a building permit is issued, the applicant must have inspections
every 180 days in order to ensure that the building permit does not expire. The Building
Department requires a temporary construction fence at least five feet in height at the front of the
property. The building permit will also be subject to all Best Management Practices (BMP’s) for
construction to minimize dust, runoff, and other construction impacts.
17. “We need to know all measurements the owner this project will take to protect, clean,
avoid the dust in the swimming pool, solar panel at the neighbor’s house of 21884
Oakview Lane and other neighbors.”
See response #16 regarding Best Management Practices. In addition, the applicant has offered to
provide monthly pool cleaning to the appellant (eastern property owner at 21884 Oakview Lane),
which was acceptable to them prior to appealing the project.
18. “Our neighbor Jan Kucera was inform this project was going to have the decision from
the planning commission on February/2016. He has the intent to have a CAD design to
show better the impact this project. Mr. Jan Kusera was surprise when we send an e-
mail to him with the short time to appeal. He is traveling and the planning department
new about it. This action from the planning commission it is not fair because he don’t
have the chance to appeal the way he was planning to do it. The city action is not fair
with the ones already have been express their opinion against this project and deny
time for appeal which can be discuss in court because wrong informations. We feel it is
not time the year this project can be approved or not since many of the neighbors which
call the city didn’t received the letter of the appeal rights. ”
Staff met with Mr. Jan Kucera and spoke with him on the phone on several occasions to clarify
and provide supplemental information. In addition, the comment period letter dated December
8, 2015 and the notice of decision letter dated January 8, 2016 were mailed to him.
Staff has been available during both the comment and appeal periods to receive comments and
provide assistance. Aside from the comments received prior to the comment period by concerned
adjacent neighbors, staff received two additional letters from Mr. Kucera (the western property
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owner) during the comment period. No other communication was received from any other
concerned parties.
19. “We want to make clear we are not against some two floor constructions but this must
happen when have harmony of size of project with side, front neighbors and street
house constructions, the law is respected, privacy between neighbors, don’t damage the
quality of outdoor life or healthy.”
Please see previous responses #1, #3, #4, #6 and #10.
20. “The sign for this project is very far from the street and very clear. The neighbors feel
uncomfortable to go and see the project plan because is too much inside the property
and have renters is this property. The desin from this project must be more in front the
house and the period for analyses from the neighbors be extended.”
The original sign was located in a bare planting area adjacent to a paved walkway deemed
appropriate by staff for the notice board notifying the public of the comment period. The
comment period noticing letter included a site plan and elevation drawings of the proposed
project in compliance with the requirements of the Municipal Code. In addition, the letter also
indicated that a full set of plans of the proposed project would be available for review upon
request, also in conformance with the requirements of the Municipal Code.
21. “We also want some studies to be done by the owner or by the city from the soil erosion
and contamination from this property, since the septic tank has been liking for many
years and the suspicious previous owner this property has dump some kind of
products not identify in the soil and had a not permit construction in the side the house
where he uses to stuck many chemical products.”
The applicant will remove the existing septic tank and connect to existing sewer systems. The
removal of septic tanks is under the authority of the Santa Clara County Environmental Health
Department which will review the proposed removal for compliance with their requirements. As
with any building permit, the applicant will be required to provide documentation of having
received these permits to Cupertino’s Building Division prior to permit issuance.
22. “We also want alert the city and the new owner this new project in the pass this land
was an old indian cemetery. Many years ago when the house at 21901 Oakview Lane (in
front of this new project) was remodel the construction was stopped for many days
because was found indian bones in this site. The indian tribe needs to give permission
for these bones be removed from that site. Delay the remodel for many days.”
Building records do not indicate stopped work due to Native American remains found on site for
any remodel projects at 21901 Oakview Lane.
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As a matter of course, should Native American remains be found, the City has to be notified and
there are special procedures for handling any remains or burial sites found. These are
implemented through the Building Department during the construction period.
23. “It is not fair we spent $182.00 to appeal this decision when we had a miss information
from the planning department about the way this is done. The date this project was
going to be decided, the appeal process be charged never was explain ton us. We didn’t
even knew until we received a e-mail from the assistant from this project our concerns
will be not consider before the appeal since the planning commission didn’t see the plan
before appeal.”
See response #13. The appeal process and requirements are codified in the Municipal Code.
Aside from staff voluntarily notifying the concerned neighbors and appellant with the status of
the project prior to a decision on the project, the comment period letter dated December 8, 2015
states that the project would receive “approval by the Director of Community Development” and
that “any interested party may appeal the decision of the Director within fourteen (14) days of
the mailing of the notice of decision.” The notice of the decision letter dated January 6, 2016 was
also sent to all persons who commented on the project as required by the Municipal Code and the
same language was reiterated.
24. “In this time of water short supply we don’t need big constructions where will spend
more water in trees, gardens which don’t produce anything and more space to clean
with water.”
The City has established restrictions on water usage around the city in Chapter 15.32 and
landscaping water usage in Chapter 14.15 of the Cupertino Municipal Code. In addition, the
California Building Code has codified requirements about the types of fixtures and other such
requirements to limit the amount of water used within the project. The applicant will be required
to comply with all current California Building Code requirements.
ENVIRONMENTAL ASSESSMENT
The project is categorically exempt from the California Environmental Quality Act (CEQA)
per section 15303 (New construction or conversion of small structures) of the CEQA
Guidelines.
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PUBLIC NOTICING & OUTREACH
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearing, Site Signage & Legal Ad Agenda
9 public hearing notices mailed to property owners
adjacent to the project site (19 days prior to hearing)
Legal ad placed in newspaper (at least 10 days prior to
hearing)
Site Signage (City-provided appeal signage placed on site
12 days prior to hearing)
Posted on the City's official
notice bulletin board (one
week prior to hearing)
Posted on the City of
Cupertino’s Web site (one
week prior to hearing)
PERMIT STREAMLINING ACT
The appeal is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: March 20, 2015; Deemed Incomplete: April 16, 2015
Project Resubmittal: July 1, 2015; Deemed Incomplete: July 23, 2015
Project Resubmittal: September 20, 2015; Deemed Incomplete: September 21, 2015
Project Resubmittal: October 26, 2015; Deemed Complete: October 30, 2015
NEXT STEPS AND CONCLUSION
The Planning Commission’s decision on this project is final unless appealed within 14 days
of the decision. If appealed, the City Council will hear the final appeal on this project.
Since the proposed project complies with all aspects of the R-1 Ordinance, staff recommends
that the Planning Commission deny the appeal and uphold the Community Development
Director's decision to approve the Two-Story and Minor Residential Permits.
Prepared by: Ellen Yau, Assistant Planner
Reviewed by: Approved by:
/s/Piu Ghosh /s/Aarti Shrivastava
Piu Ghosh Aarti Shrivastava
Principal Planner Community Development Director
ATTACHMENTS:
1 – Draft Resolution for R-2015-08
2 – Draft Resolution for RM-2015-08
3 – Plan Set
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4 – Two-Story and Minor Residential Permits (R-2015-08 and RM-2015-08) action letter
dated January 8, 2016
5 – Appellant’s letter and images
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1161 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:10/9/2015 City Council
On agenda:Final action:4/19/2016
Title:Subject: An ordinance amending sections of Chapter 3.23 of the Cupertino Municipal Code to align
the public works bid invitation distribution and posting periods with the related California Public
Contract Code requirements
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
B - Redline version of Draft Ordinance
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:AnordinanceamendingsectionsofChapter3.23oftheCupertinoMunicipalCodeto
alignthepublicworksbidinvitationdistributionandpostingperiodswiththerelatedCalifornia
Public Contract Code requirements
ConductthefirstreadingofOrdinanceNo.16-2143:“AnOrdinanceoftheCityCouncilofthe
CityofCupertinoAmendingtheCupertinoMunicipalCodeSections3.23.030,3.23.040,
3.23.050, 3.23.120, of Chapter 3.23 of Title 3 Regarding Public Bidding”
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
An ordinance amending sections of Chapter 3.23 of the Cupertino Municipal Code to
align the public works bid invitation distribution and posting periods with the related
California Public Contract Code requirements.
Recommended Actions
Conduct the first reading of the draft ordinance to adopt: “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE CUPERTINO
MUNICIPAL CODE SECTIONS 3.23.030, 3.23.040, 3.23.050, 3.23.120, OF CHAPTER 3.23
OF TITLE 3 REGARDING PUBLIC BIDDING”.
Discussion
The procedural requirements for public contract bidding are in both the Cupertino
Municipal Code (CMC) and state law, primarily in the California Public Contract Code
(PCC). In 2010, the State Legislature amended several sections of the Public Contract
Code to require that notices of public bids to trade journals be provided electronically,
in addition to the previous mailing requirement. At the same time, the notice
requirement was shortened from 30 to 15 calendar days.
Staff recommends that Council amend the Cupertino Municipal Code Sections 3.23.030,
3.23.040, 3.23.050, 3.23.120, to align with the requirements of the PCC, specifically
Sections 4101(a)(1), 22032, 22034, and 22037 of Article 3, titled “Public Projects:
Alternative Procedure.” Staff recommends that the CMC align with the PCC to ensure
consistency with other projects located throughout the state.
The Cupertino Municipal Code (CMC) specifies the content of Notices Inviting Bids
(Notice) and timeframes for distributing and posting the Notices. Currently, Notices
must be sent by mail to specified construction trade journals at least 30 days in advance
of bid openings and posted in a newspaper of general circulation printed and published
in the City at least 14 days in advance of bid openings. The City’s current requirements
aligned with the California Public Contract Code (PCC) prior to the amendments that
occurred in 2010.
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The PCC provides bid noticing procedures for informal and formal bids that include
different noticing timeframes. The noticing period for an informal bid, under $175,000,
may be a minimum of ten days and, for a formal bid, a minimum of fifteen days.
Additionally, the amended provisions allow for the use of email and faxing in addition
to mail. The combination of more compact bid advertising periods and the use o f
alternative mail options provide greater flexibility in managing the bid phase of a
project.
While for some projects issuing the Notice four weeks or more in advance of the bid
opening is reasonable and appropriate due to the size and/or complexity of the project,
there are many projects for which an advertising period less than the 30 days required
by the CMC, including for as few as 10 days, is adequate and appropriate. Amending
the CMC to incorporate the California PCC bid noticing requirements will achieve
efficiencies in the bidding of most projects and maintain consistency with State
regulations.
Sustainability Impact
There is no sustainability impact resulting from this amendment.
Fiscal Impact
There is no fiscal impact resulting from this amendment, this is merely an
administrative change.
California Environmental Quality Act (CEQA):
This ordinance does not present any direct or reasonably foreseeable indirect change to
the physical environment, and is not a project under the California Environmental
Quality Act.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Ordinance
B – Redline Version of Draft Ordinance
339
ORDINANCE NO. 16-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE CUPERTINO MUNICIPAL CODE SECTIONS 3.23.030, 3.23.040,
3.23.050, 3.23.120 OF CHAPTER 3.23 OF TITLE 3 REGARDING PUBLIC BIDDING
WHEREAS, this Ordinance was determined to be not a project under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments involve
procedural administrative changes will not have a direct or reasonably foreseeable
indirect change to the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the “not a project”
determination under CEQA prior to taking any approval actions on this Ordinance and
agrees with such determination; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.23.030 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.030 Competitive Bidding.
Except as otherwise provided for in this chapter, public works projects with an
estimated dollar value in excess of the required dollar value for competitive bidding
established by section 22032(a) of the California Public Contracts Code, as may be
amended, shall be contracted for pursuant to the procedures prescribed in this chapter.
SECTION 2. Section 3.23.040 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.040 Notice Inviting Bids.
The notice inviting bids shall be in the form and published as follows:
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A. Notices inviting bids shall include:
1. A distinct description of the public works project to be performed;
2. The location where bid blanks and specifications may be secured;
3. The time and place for opening bids;
4. The type and amount of bidder's security required;
5. The class of license required for the public works to be performed; and
6. A statement that the City has the authority to reject any and all bids and
may waive any minor technicality or variance from the bid specifications.
B. The notice inviting bids shall be:
1. Published in a newspaper of general circulation printed and published in
the City at least the number of days specified in Section 22037 of the California
Public Contract Code, as may be amended, before the opening of bids; and
2. Provided to all construction and trade journals specified in Section 22036
of the California Public Contract Code, or as may be amended, at least the
number of days and by the methods set forth in Section 22037 of the California
Public Contracts Code, as may be amended.
SECTION 3. Section 3.23.050 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.050 Presentation of Bids–Security Required–Subcontractor Designated in Bid.
A. All bids shall be presented under sealed cover (identified as bids on the envelope),
submitted to the City Clerk and accompanied by one of the following forms of bidder’s
security:
1. Cash;
2. A cashier’s check made payable to the City;
3. A certified check made payable to the City;
4. A bidder's bond executed by an admitted surety insurer, made payable to the
City.
B. The security shall be in an amount equal to at least ten percent of the amount of
the bid, or such other sum as may be specified by the California Public Contract Code.
A bid shall not be considered unless one of the forms of bidder’s security is enclosed
with it.
C. Upon award of the contract to the lowest responsible bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time, but in no event
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shall such security be held by the City beyond ninety days from the date the notice of
award of contract is mailed.
D. All bidders on a public works project must designate in its bids the name, address,
the portion of the work each subcontractor will perform, and other information as
required by Section 4101(a)(1) of the Public Contracts Code, as may be amended, of
each subcontractor:
1. who will perform work exceeding one-half of one percent of the prime
contractor’s total bid, or
2. who meet or exceed the thresholds for specific types of work as specified in
Section 4104(a)(1) of the Public Contracts Code, as may be amended.
E. The prime contractor shall list only one subcontractor for each portion of work as is
defined by the prime contractor in their bid.
SECTION 4. Section 3.23.120 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.120 Informal Bidding Procedure for Public Works Projects.
Except as otherwise required by this chapter or under state or federal law, the bidding
procedures of this chapter may be dispensed with for public works projects with an
estimated dollar value equal to or less than the required dollar value specified in
Subdivision (b) of Section 22032 of the Public Contract Code, or as may be amended,
and the following informal bidding procedures substituted:
A. The City shall maintain a list of qualified contractors, identified according to
categories of work. Minimum criteria for compilation of the contractor list shall be
determined by the California Uniform Construction Cost Accounting Commission
(“Commission”). All contractors on the list for the category of work being bid and/or
all construction trade journals specified by the Commission shall be mailed a notice
inviting informal bids, unless the product or service is proprietary.
B. All mailing of notices to contractors and construction trade journals shall be
completed not less than the number of days specified in Section 22304(c) of the
California Public Contract Code, or as may be amended, before the date of opening the
bids.
C. The City Council hereby delegates the authority to award contracts pursuant to
informal bidding to the City Manager or other person designated in writing by the City
Manager.
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SECTION 5. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
* * * * * * * *
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the ___
day of ____ and ENACTED at a regular meeting of the City Council of the City of
Cupertino the ____ of _______ 2016, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Barry Chang, Mayor
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ORDINANCE NO. 16-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE CUPERTINO MUNICIPAL CODE SECTIONS 3.23.030, 3.23.040,
3.23.050, 3.23.120 OF CHAPTER 3.23 OF TITLE 3 REGARDING PUBLIC BIDDING
WHEREAS, this Ordinance was determined to be not a project under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments involve
procedural administrative changes will not have a direct or reasonably foreseeable
indirect change to the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the “not a project”
determination under CEQA prior to taking any approval actions on this Ordinance and
agrees with such determination; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.23.030 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.030 Competitive Bidding.
Except as otherwise provided for in this chapter, the public works projects with an
estimated dollar value equal to or in excess of the required dollar value for competitive
bidding established by section 22032(a) of the California Public Contracts Code, as may
be amended, shall be contracted for pursuant to the procedures prescribed in this
chapter.
SECTION 2. Section 3.23.040 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
Council Agenda: April 19, 2016
344
3.23.040 Notice Inviting Bids.
The notice inviting bids shall be in the form and published as follows:
A. Notices inviting bids shall include:
1. A distinct description of the public works project to be performed;
2. The location where bid blanks and specifications may be secured;
3. The time and place for opening bids;
4. The type and amount of bidder's security required;
5. The class of license required for the public works to be performed; and
6. A statement that the City has the authority to reject any and all bids and
may waive any minor technicality or variance from the bid specifications.
B. The notice inviting bids shall be: published
1. Published in a newspaper of general circulation printed and published in
the City at least the number of days specified in Section 22037 of the California
Public Contract Code, as may be amended, before the opening of bids; and
2. Provided to all construction and trade journals specified in Section 22036
of the California Public Contract Code, or as may be amended, at least the
number of days and by the methods set forth in Section 22037 of the California
Public Contracts Code, as may be amended. fourteen calendar days before the
date of opening the bids in a newspaper of general circulation printed and
published in the City. The notice shall also be provided at least the number of
days and by the methods set forth in Section 22037 of the California Public
Contracts Code, as may be amended, sent electronically, if available, by either
facsimile or electronic mail and mailed at least thirty calendar days before the
date of opening the bids to all construction trade journals specified in Section
22036 of the California Public Contract Code.
SECTION 3. Section 3.23.050 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.050 Presentation of Bids–Security Required–Subcontractor Designated in Bid.
Council Agenda: April 19, 2016
345
A. All bids shall be presented under sealed cover (identified as bids on the envelope),
submitted to the City Clerk and accompanied by one of the following forms of bidder’s
security:
1. Cash;
2. A cashier’s check made payable to the City;
3. A certified check made payable to the City;
4. A bidder's bond executed by an admitted surety insurer, made payable to the
City.
B. The security shall be in an amount equal to at least ten percent of the amount of
the bid, or such other sum as may be specified authorized by the California Public
Contract Code. A bid shall not be considered unless one of the forms of bidder’s
security is enclosed with it.
C. Upon award of the contract to the lowest responsible bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time, but in no event
shall such security be held by the City beyond ninety days from the date the notice of
award of contract is mailed.
D. All bidders on a public works project must designate in its their bids the name,
address, the portion of the work each subcontractor will perform, and other information
as required by Section 4101(a)(1) of the Public Contracts Code, as may be amended, of
each subcontractor:
1. the name and address of each subcontractor who will perform work
exceeding one-half of one percent of the prime contractor’s total bid, or
2. who meet or exceed the thresholds for specific types of work as specified in
Section 4104(a)(1) of the Public Contracts Code, as may be amended. and
what portion of the work each subcontractor will perform.
E. The prime contractor shall list only one subcontractor for each portion of work
as is defined by the prime contractor in their bid.
SECTION 4. Section 3.23.120 of Chapter 3.23 of Title 3 of the Cupertino Municipal
Code is hereby amended to read as follows:
3.23.120 Informal Bidding Procedure for Public Works Projects.
Except as otherwise required by this chapter or under state or federal law, the bidding
procedures of this chapter may be dispensed with for public works projects with an
estimated dollar value equal to or less than the required dollar value specified in
Subdivision (b) of Section 22032 of the Public Contract Code, or as may be amended,
and the following informal bidding procedures substituted:
Council Agenda: April 19, 2016
346
A. The City shall maintain a list of qualified contractors, identified according to
categories of work. Minimum criteria for compilation of the contractor list shall be
determined by the California Uniform Construction Cost Accounting Commission
(“Commission”). All contractors on the list for the category of work being bid and/or
all construction trade journals specified by the Commission shall be mailed a notice
inviting informal bids, unless the product or service is proprietary.
B. All mailing of notices to contractors and construction trade journals shall be
completed mailed not less than the number of days specified in Section 22304(c) of the
California Public Contract Code, or as may be amended, ten calendar days before the
date of opening the bids.
C. (Repealed by Ord. 1632)
CD. The City Council hereby delegates the authority to award contracts pursuant to
informal bidding to the City Manager or other person designated in writing by the City
Manager.
SECTION 5. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
* * * * * * * *
Council Agenda: April 19, 2016
347
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the ___
day of ____ and ENACTED at a regular meeting of the City Council of the City of
Cupertino the ____ of _______ 2016, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Barry Chang, Mayor
Council Agenda: April 19, 2016
348
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1591 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:3/28/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Consideration of the City Council Summer Meeting Schedule and cancellation of meeting(s).
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:ConsiderationoftheCityCouncilSummerMeetingScheduleandcancellationof
meeting(s).
ConsidertheCityCouncilSummerMeetingScheduleandcancelmeeting(s)orprovide
direction to staff.
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
Consider the City Council Summer Meeting Schedule and cancellation of meeting(s).
Recommended Action
Consider the City Council Summer Meeting Schedule and cancel meeting(s) or provide
direction to staff.
Discussion
The City Council routinely cancels one or two meetings during the summer to
accommodate Council members’ vacation plans. Typically, the second meeting in July
and/or the first meeting in August has been cancelled. When considering which
meeting(s) to cancel, please take note of the following:
Weed abatement lien assessment must be approved no earlier than July 7 and no
later than August 4
The deadline to call an election for an initiative measure is August 12
A request has been made to cancel the July 19 meeting
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: None
350
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1356 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:1/12/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Climate Action Plan Annual Progress Update
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Attachment A - Progress Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject:Climate Action Plan Annual Progress Update
Receive presentation and review Progress Report
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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OFFICE OF THE CITY MANAGER
SUSTAINABILITY DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
Climate Action Plan Annual Progress Update
Recommended Action
Receive presentation and review Progress Report.
Description
In January 2015, the City adopted the first Climate Action Plan ( CAP) written to achieve state
recommended greenhouse gas emissions reductions goals outlined in California Global
Warming Solutions Act of 2006 (AB 32), streamline future environmental review of projects
(CEQA 15183.5 ) and meet the Bay Area Air Quality Management District expectation of a
Qualified Greenhouse Gas Emissions Reduction Strategy.
As directed by the City’s General Plan Environmental Resources and Sustainability Element,
(ES-1.1.1 and ES-1.1.2) the CAP seeks to identify emissions reduction strategies that are
informed by the goals, values and priorities of our community. It contains over 225 measures to
help reach a community-wide greenhouse gas (GHG) reduction goal of 15% below 2010 levels
by 2020, which approximates a return to 1990 levels. The CAP provides a set of strategies
intended to guide GHG emissions reduction efforts, typically through a combination of
statewide and local actions to address energy, transportation, water, and waste. The City’s
strategies comprise a framework of goals, measures and actions through which the near-term
(2020) targets can be achieved and progress can be made on the longer-term (2035, 2050) targets.
As noted in the first CAP Progress Report (Attachment A), the city has made tremendous
progress in the past year to begin to implement the CAP, which includes the following
highlights and achievements of the Sustainability and Environmental Programs Divisions:
Staffing - Expanded Sustainability and Environmental Programs Divisions by hiring 4 new
staff members; Sustainability Coordinator, Utility & Efficiency Analyst, Education Outreach
Coordinator and Safe Routes to School Coordinator.
New Policies – The CAP prioritized accelerated deployment of varied notable policies:
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- Cupertino Community Vision 2040- adopted to include Climate Action Plan (ES-1.1.1)
and CAP and Sustainability Strategies Implementation (ES-1.1.2).
- Mandatory Commercial Organics Ordinance – Adopted/implemented first phase in
September 2015, requiring eight largest organic waste generators to collect food scraps
and paper.
- Environmental Purchasing Policy - updated for internal purchasing of green office,
electronic and cleaning supplies. Embedded into 2015 janitorial services agreement.
Special Projects - The following CAP noted projects were advanced last calendar year:
- Silicon Valley Clean Energy - as the first City to take action to establish and join the
Authority tasked with bringing a community choice energy option to Cupertino residents
and businesses in the winter of 2016/17, (www.svcleanenergy.org).
- Utility Data & Efficiency - Audited and verified City water meters saving an estimated
$8,200 for the remainder of the calendar year and $7,600 annually thereafter.
- Vehicle Electrification - 15 % of total fleet vehicles are clean fuel vehicles (hybrid and
electric), closer to achieving the City’s Bay Area Climate Compact goal.
- EV Charging -Using regional grant funding to expand the City-installed network of
public EV stations to six.
- Green Business Challenge –selected as 1 of 4 nationwide to compete in ICLEI/Office
Depot’s Green Office Challenge; engaged 24 businesses and saved 19,804 pounds of CO2.
- Safe Routes to School - piloted with eight schools participating. Engaging community
members to identify how to best increase student travel safety by collecting travel data,
and organizing a contracted Walk Audit school sites selected by the Working Group.
Near Term Measure Status
As greenhouse gas emissions arise from communities, local governments must play a vital role
in mitigation and preparing for the impacts of climate change. The CAP analyzes climate
change strategies through two different lenses, a community wide perspective considers the
total impact of emissions generated activities and reduction opportunities within the City’s
jurisdictional boundaries. The municipal operations perspective considers only emissions
resulting from the provision of local government services. The purpose of this progress report
(see attached) is to benchmark and track the status and progress made on the Near-term
community-wide and in municipal operations measures to be implemented by the year 2020. As
simple as previewing a traffic signal as a driver. Cupertino’s Climate Action progress report
summarizes actions across all near-term measure categories, with the following visual cues for
readers:
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Green:
Completed – All required implementation steps have been completed
Ongoing – Initial steps completed, components still actively being implemented
Yellow:
In Progress – Implementation steps are still being developed and pursued
Initiating- Initial steps have not been started, but anticipated before 2020.
Red:
On-Hold – Due to programmatic barrier or is no longer applicable
A summary of the status of near-term measures follows. All near-term measures are either in
the yellow or green level of implementation status.
Measure
#Measure Name Status Measure
#Measure Name Status
C-E-1Energy Use & Data Analysis In -ProgressC-T-1 Bicycle & Pedestrian
Environment Enhancements In - Progress
C-E-2Retrofit Financing- PACEIn -ProgressC-T-2Bike share Program On-going
C-E-3 Home & Commercial Building
Retrofit Outreach In -ProgressC-T-3 Transportation Demand
Management In - Progress
C-E-5 Community-Wide Solar
Photovoltaic Development In -ProgressC-T-5Transit Priority On-going
C-E-7 Community Choice Energy
Option CompleteC-T-6 Transit Oriented DevelopmentOn-going
C-SW-1Zero Waste Goal In -ProgressC-T-7 Community-wide Alternative
Fuel Vehicles In -Progress
C-SW-2 Food Scrap and Compostable
Paper Diversion In -ProgressC-W-1SB-X7-7 Water ReductionIn -Progress
C-SW-3 Construction & Demolition
Waste Diversion Program On-goingC-W-2 Recycled Water Irrigation
Program In -Progress
C-G-1 Urban Forest ProgramOn-going
M-F-1Sustainable Energy PortfolioCompleteM-SW-1Waste Reduction In -Progress
M-F-2 Renewable/Low Carbon
Electricity Generation On-goingM-SW-2 Food Scrap and Compostable
Paper Diversion In -Progress
M-F-3 Advanced Energy Management
Activities Initiating M-SW-3 Construction and Demolition
Waste Diversion On-going
M-F-4 Grow Existing Building Energy
Retrofit Efforts Initiating M-VF-1 Low Emission and Alt Fuel
Vehicles On-going
M-F-6 Complete Citywide Public Realm
Lighting Efficiency On-goingM-VF-2Alternative Fuel InfrastructureOn-going
M-F-7 Conserve Water Through
Efficient Landscaping On-going
Community Measures
Municipal Measures
Cupertino Climate Action Plan- Status of Near Term Measures
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4
Next Steps
This is the first Progress Report since the adoption of the CAP in January 2015. Annual reports
will be given to Council to consistently report on implementation and monitor progress
towards GHG reduction goals. Additionally, every 2-3 years a GHG inventory update will be
completed. The next GHG inventory update will analyze 2015 data and is anticipated to be
completed by the end of 2016.
Sustainability Impact
Tracking reduction measure implementation will enable the City to monitor progress towards
the community-wide target of reducing GHG 15% below 2010 levels by 2020.
Additionally, the successful implementation of the CAP will help to complete strategies
identified in Chapter 6, Environmental Resources and Sustainability Element of the amended
General Plan including:
Strategy ES-1.1.1: Climate Action Plan (CAP). Adopt, implement and maintain a Climate Action
Plan to attain greenhouse gas emissions targets consistent with state law and regional
requirements. This qualified greenhouse gas emissions reduction plan, by BAAQMD definition,
will allow for future project CEQA streamlining and will identify measures to:
o Reduce energy use through conservation and efficiency;
o Reduce fossil fuel use through multi-modal and alternative transportation;
o Maximize use of and, where feasible, install energy resources;
o Increase citywide water conservation and recycled water use;
o Accelerate resource recovery through expanded recycling, composting, extended
producer responsibility and procurement practices;
o Promote and incentivize each of those efforts to maximize community
participation and impacts; and
o Integrate multiple benefits of green infrastructure with climate resiliency and
adaptation.
Strategy ES-1.1.2: CAP and Sustainability Strategies Implementation. Periodically review and
report on the effectiveness of the measures outlined in the CAP and the strategies in this
Element. Institutionalize sustainability by developing a methodology to ensure all
environmental, social and lifecycle costs are considered in project, program, policy and budget
decisions.
Additionally, the CAP measures related to reducing energy use, helps to implement other
environmental and sustainability goals of the General Plan including Goal ES-2 Promote
Conservation of Energy Resources and Goal ES-3 Improve Building Efficiency.
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5
Fiscal Impact
The cost for CAP implementation, measuring progress and data tracking are contained with the
Sustainability Division budget requested in the FY 15/16 and FY 16/17 that will be reviewed at
the upcoming Council Budget Study Session.
_____________________________________
Prepared by: Misty Mersich, Sustainability Coordinator
Reviewed by: Erin Cooke, Assistant to the City Manager & Sustainability Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. 2015 Climate Action Plan Progress Update Report
356
CITY OF CUPERTINO CLIMATE ACTION PLAN
2015 Progress Report
A summary of 2015 Climate Action Plan Measure implementation
Presented to Cupertino City Council in April 2016
Prepared by: City of Cupertino, Sustainability Division
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2015 CLIMATE ACTION HIGHLIGHTS
Summarized below are key milestones achieved by the City’s Sustainability and
Environmental Programs Divisions since the adoption of the Climate Action Plan.
Staffing - Expanded Sustainability and Environmental Programs Divisions by hiring 4 new staff members; Sustainability Coordinator, Utility & Efficiency Analyst, Education Outreach Coordinator and Safe Routes to School Coordinator.
New Policies – The CAP prioritized accelerated deployment of varied notable policies:
Cupertino Community Vision 2040- adopted to include Climate Action Plan (ES-1.1.1) and CAP and Sustainability Strategies Implementation (ES-1.1.2).
Mandatory Commercial Organics Ordinance – Adopted/implemented first phase in September 2015, requiring eight largest organic waste generators to collect food scraps and paper.
Environmental Purchasing Policy - updated for internal purchasing of green office, electronic and cleaning supplies. Embedded into 2015 janitorial services agreement.
Special Projects - The following CAP noted projects were advanced last calendar year:
Silicon Valley Clean Energy - as the first City to take action to establish and join the Authority tasked with bringing a community choice energy option to Cupertino residents and businesses in the winter of 2016/17, (www.svcleanenergy.org).
Utility Data & Efficiency - Audited and verified City water meters saving an estimated $8,200 for the remainder of the calendar year and $7,600 annually thereafter.
Vehicle Electrification - 15 % of total fleet vehicles are clean fuel vehicles (hybrid and electric), closer to achieving the City’s Bay Area Climate Compact goal.
EV Charging -Using regional grant funding to expand the City-installed network of public EV stations to six.
Green Business Challenge –selected as 1 of 4 nationwide to compete in ICLEI/Office Depot’s Green Office Challenge; engaged 24 businesses and saved 19,804 pounds of CO2.
Safe Routes to School - piloted with eight schools participating. Engaging community members to identify how to best increase student travel safety by collecting travel data, and organizing a contracted Walk Audit at school sites selected by the Working Group.
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TABLE OF CONTENTS
CLIMATE ACTION HIGHLIGHTS ................................................................................................................... 1
INTRODUCTION ................................................................................................................................................... 3
GREENHOUSE GAS EMISSIONS INVENTORY .......................................................................................... 4
GREENHOUSE GAS REDUCTION MEASURES .......................................................................................... 5
CO-BENEFITS ............................................................................................................................................................. 6
2015 NEAR-TERM MEASURE STATUS SUMMARY .............................................................................. 7
COMMUITY MEASURES .................................................................................................................................... 9
REDUCE ENERGY ................................................................................................................................. 9
ENCOURAGE ALTERNATIVE TRANSPORTATION .............................................................. 19
CONSERVE POTABLE WATER .................................................................................................... 27
REDUCE SOLID WASTE ................................................................................................................. 29
MUNICIPAL MEASURES ................................................................................................................................. 34
IMPROVE FACILITIES ................................................................................................................... 34
CONVERT VEHICLE FLEET ........................................................................................................... 46
REDUCE SOLID WASTE .................................................................................................................. 50
CONCLUSION ...................................................................................................................................................... 52
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INTRODUCTION The City has long been a leader in environmental resource conservation and efficiency. This was formalized through the creation of an Environmental Affairs Division (now the Sustainability Division) within the Office of the City Manager in 2008. This team, which expanded significantly in Fiscal Year 15/16, is dedicated to design and implementing the energy, water and transportation scope set forth in the General Plan Environment and Sustainability Element and Climate Action Plan. As directed by the City’s General Plan Sustainability Element, the Climate Action Plan (CAP) seeks to identify emissions reduction strategies that are informed by the goals, values and priorities of our community. The Climate Action Plan was unanimously adopted by City Council in January 2015. It contains over 225 measures to help reach a community-wide greenhouse gas (GHG) reduction goal of 15% below 2010 levels by 2020. The CAP provides a set of strategies intended to guide GHG emissions reduction efforts, typically through a combination of statewide and local actions. As greenhouse gas emissions arise from communities, local governments must play a vital role in mitigation and preparing for the impacts of climate change. The CAP analyzes climate change strategies through two different lenses, a community wide perspective (see page 12) considers the total impact of emissions generated activities and reduction opportunities within the City’s jurisdictional boundaries. The municipal operations perspective (see page 36) considers only emissions resulting from the provision of local government services. The purpose of this report is to benchmark and track the status and progress made on the near-term measures community-wide and in municipal operations. Tracking progress over time will help identify if adjustments to the CAP are needed to reach our near-term greenhouse gas emissions reduction and sustainability goals for the year 2020 and beyond.
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GREENHOUSE GAS EMISSIONS INVENTORY Emissions inventories provide a snapshot of the amount and source of greenhouse gas emissions in a given year. The baseline inventory serves as a reference point for reduction targets and informs the measure and action selection process. Baseline inventories of community-wide and municipal operations emissions for 2010 were prepared to serve as a starting point for CAP analysis, and are displayed below. Municipal operations emission can be considered a subset of the community-wide emissions and in Cupertino represent less than 1% of total community-wide emissions. The next inventory update will analyze 2015 data, and is projected to be completed at the end of 2016, depending on release dates of relevant 2015 data from State agencies and utilities. Subsequent updates are to take place every 2-3 years, and will be reported in future progress reports.
Energy
55%
Water
2%
Waste
2%
Transportation
On-Road
34%
Transportation
Off-Road
7%
Figure 1- Community GHG Inventory 2010 Baseline
Facilities
70%
Vehicle Fleet
24%
Waste
5%
Water Services
1%
Figure 2- Municipal Operations 2010 Baseline
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GREENHOUSE GAS REDUCTION MEASURES As the foundation of its CAP approach, the City has identified bold, overarching goals that guide its pursuit of the emissions reduction targets, which include:
Reduce Energy Use / Improve Facilities: recommends ways to increase energy efficiency in existing buildings and increase use of renewable energy community-wide.
Encourage Alternative Transportation / Convert Vehicle
Fleet: encourages transit, carpooling, walking, and bicycling as viable transportation modes to decrease the number of single-occupancy vehicle trips within the community, and facilitates a shift towards cleaner, alternative fuel vehicles.
Conserve Potable Water: promotes the efficient use and conservation of water in buildings and landscapes.
Reduce Solid Waste: increases waste diversion through recycling and organics collection, and reducing consumption of materials that will otherwise end up in landfills.
Expand Green Infrastructure: enhances the City’s existing urban forest and landscapes on public and private lands. The City’s CAP strategies comprise a framework of goals, measures, and actions through which the near-term (i.e., 2020) targets can be achieved, and progress can be made on the long-term (i.e., 2035, 2050) targets. Reduction measures then describe how each goal can be achieved, and actions describe the specific steps to be taken during the implementation process. The Climate Action Plan has 33 reduction measures to reduce greenhouse gas emissions community-wide and within municipal operations. These 33 reduction measures are then broken out into 225 individual implementation action measures which are identified in the CAP with an implementation timeline. The CAP outlines the measure implementation timeline as follows:
On-going items are actions the City already performs or programs the City already offers that should be continued in the future.
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Near-term items are those that should be pursued immediately, within a 1-2 year timeframe following CAP adoption.
Medium-term items will help to achieve the 2020 reduction target, and should be pursued within 3-5 years following CAP adoption.
Long-term items will help provide broader measure implementation, but are not critical to immediate success; these items include actions that can be started now and will take 5+ years to complete, or can be actions that do not require implementation consideration for at least 5 years. The purpose of this report is to benchmark and track the status and progress made on the Near-term Measures, to help identify if adjustments to the CAP are needed to reach our near-term GHG reduction and sustainability goals for the year 2020, which serves as an essential benchmark if the agency is to achieve its advanced targets. This summary includes the goals and performance indicators for the year 2020, which staff is actively tracking, and over time will show if the City and the community are on track to meet our goals or need to modify or strengthen our Climate Action Plan. Overtime, the medium and long-term measures will be added to this report, so that the cumulative impact of all measures completed since the adoption of the CAP will be summarized. To help with progress implementation, the CAP identifies an Implementation Tracking Framework in Appendix C, which serves as the basis for this report Measures that achieve quantifiable emissions reductions include progress indicators that help to track progress. Measures identified as “Supporting Measures” contribute to the city’s goals and are important for GHG reduction, but currently lack a methodology to quantify emissions reductions potential. For many of the measures, there is no relevant dataset available, or certain data is not yet consistently collected. So, in the first few years of CAP implementation, a data collection framework, as presented in this report, will be the starting point to measure the City’s progress towards achieving its 2020 emissions target.
CO-BENEFITS As originally evaluated for and noted in the City’s Climate Action Plan, Co-benefits describe the various additional outcomes that could occur as a result of measure implementation, beyond emissions reductions. Co-benefit icons are used to illustrate these overlapping outcomes. The figure below shows the co-benefits and their corresponding icons used within the Climate Action Plan and identified in the measure status update.
Improves air quality Increases natural habitat
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Reduces energy use Reduces heat island effect
Promotes regional smart
growth Improves public health
Reduces traffic congestion Creates local jobs
Reduces water use;
Extends community water
supply Reduces waste;
Extends landfill lifespan
Improves water quality;
Reduces storm water run-off Provides long-term savings to residents,
businesses, and local governments
Improves local energy
independence Raises community awareness
Conserves natural resources Reduces landfill methane
Regional Implementation
Opportunities
2015 NEAR-TERM MEASURE STATUS SUMMARY As the first progress report since CAP implementation, the status and progress made on the near-term Measures are included. Overtime, the medium and long-term measures will be added to this report as they are implemented, so that the cumulative impact of all measures completed since the adoption of the CAP will be captured. It is essential to track progress and examine trends overtime to determine if the City is on track to reach its GHG reduction goals. As simple as previewing a traffic signal as a driver. Cupertino’s Climate Action progress report summarizes actions across all near-term measure categories, with the following visual cues for readers:
• Green:
Completed – All required implementation steps have been completed
Ongoing – All required initial steps have been completed, but component is still actively being implemented
• Yellow:
In Progress – Implementation steps are still being developed and pursued based on the original implementation plan
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Initiating- Initial steps have not been started, but will be started and implemented before 2020.
• Red:
On-Hold – Implementation has not proceeded due to a programmatic barrier or is no longer applicable based on the original implementation plan Outlined below is a summary of the implementation status of the City’s Near-Term Reduction Measures:
Measure
#Measure Name Status Measure
#Measure Name Status
C-E-1 Energy Use & Data Analysis In -Progress C-T-1 Bicycle & Pedestrian
Environment Enhancements In - Progress
C-E-2 Retrofit Financing- PACE In -Progress C-T-2 Bike share Program On-going
C-E-3 Home & Commercial Building
Retrofit Outreach In -Progress C-T-3 Transportation Demand
Management In - Progress
C-E-5 Community-Wide Solar
Photovoltaic Development In -Progress C-T-5 Transit Priority On-going
C-E-7 Community Choice Energy
Option Complete C-T-6 Transit Oriented Development On-going
C-SW-1 Zero Waste Goal In -Progress C-T-7 Community-wide Alternative
Fuel Vehicles In -Progress
C-SW-2 Food Scrap and Compostable
Paper Diversion In -Progress C-W-1 SB-X7-7 Water Reduction In -Progress
C-SW-3 Construction & Demolition
Waste Diversion Program On-going C-W-2 Recycled Water Irrigation
Program In -Progress
C-G-1 Urban Forest Program On-going
M-F-1 Sustainable Energy Portfolio Complete M-SW-1 Waste Reduction In -Progress
M-F-2 Renewable/Low Carbon
Electricity Generation On-going M-SW-2 Food Scrap and Compostable
Paper Diversion In -Progress
M-F-3 Advanced Energy Management
Activities Initiating M-SW-3 Construction and Demolition
Waste Diversion On-going
M-F-4 Grow Existing Building Energy
Retrofit Efforts Initiating M-VF-1 Low Emission and Alt Fuel
Vehicles On-going
M-F-6 Complete Citywide Public Realm
Lighting Efficiency On-going M-VF-2 Alternative Fuel Infrastructure On-going
M-F-7 Conserve Water Through
Efficient Landscaping On-going
Community Measures
Municipal Measures
Cupertino Climate Action Plan- Status of Near Term Measures
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COMMUITY MEASURES Detailed below are each of the City’s near-term community measures, which includes a summary of the measure (“Goal”), the process staff is using for tracking that measure (a combination of “Tracking Mechanism” and “Progress Indicators”), the status and implementation efforts to achieve 2020 goals (“Status” and “Implementation Update”). The measures are broken out into their corresponding reduction strategies (reduce energy, encourage alternative transportation, conserve potable water, reduce solid waste, and expand green infrastructure).
REDUCE ENERGY
MEASURE C-E-1 Energy Use Data and Analysis
Goal: Increase resident and building owner/tenant/operator knowledge about how, when, and where building energy is used.
Co-Benefits
Tracking Mechanism Identify energy savings from participation in energy use data analytics programs.
Progress Indicators Participation rates in energy analytics program
10% of single family units (1,500 homes) and 5% of multi-family units (300 units) 775,000 kWh/yr. saved 10% of nonresidential square footage in 2010 baseline year ( 1.27 million sqft) participates in advanced analytics program 2,200,000 kWh/yr. saved
Status:
In progress A. Work with PG&E to facilitate aggressive implementation of PG&E's Home and Business Area Network (HAN) program within Cupertino
Implementation Update: Staff is in communication with PG&E to discuss the application of its Home and Business Area Network program within Cupertino. This program is now called Stream My Data, (http://www.pge.com/en/myhome/addservices/moreservices/streammydata) and it enables residents and businesses to sync any energy analytics tool they buy with their
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0
2000000
4000000
6000000
8000000
10000000
12000000
14000000
16000000
18000000
2010 2011 2012 2013 2014 2015
th
e
r
m
s
Figure 4- Community-wide Natural Gas Use
Commercial
Industrial
Residential
Total
smart meter, to allow them to capture real-time data on energy use at the meter level. Staff is also looking into other third party analytics programs for Cupertino residents to utilize as a possible addition to a renewed Green @ Home residential energy program to help expand awareness of energy consumption and target conservation measures based upon this collected information. Below is data from PG&E on total electric and natural gas use community-wide. Overall, Community electricity and natural usage has been reduced over the past 5 years. Between 2010 and 1015, community-wide electricity use has reduced about 41% from 398,637,245 kWh to 237,117,878 kWh, as noted in Figure 3. Community-wide natural gas use has reduced 15% from 2010 to 2015, from 15,805,499 therms to 13,498,530 therms as noted in Figure 4.
0
50000000
100000000
150000000
200000000
250000000
300000000
350000000
400000000
450000000
2010 2011 2012 2013 2014 2015
kW
h
Figure 3- Community-wide Electricity Use
Residential
Commercial
Total
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MEASURE C-E-2 Retrofit Financing
Goal: Promote existing and support development of new private financing options for home and commercial building retrofits and renewable energy development.
Co Benefits
Tracking
Mechanism
Calculate energy savings from existing building retrofits
Progress
Indicators
Upgrade and retrofit residential and commercial buildings throughout the city; • 750 single-family houses install a comprehensive retrofit package; • 450 single-family houses install a basic retrofit package; • 300 multi-family units receive a comprehensive retrofit package; • 175 multi-family units receive a basic retrofit package; • 875,000 square feet of nonresidential space installs a comprehensive retrofit package
Near-Term Measure Implementation Status Ongoing A. Continue to participate in California FIRST to make PACE financing available to commercial, industrial, multi-family residential (5+ units), and non-profit-owned buildings In Progress B. Continue to participate in effort with other Santa Clara County local governments to establish countywide PACE financing district available for residential property owners (could also provide another source of commercial financing to compliment California FIRST program) In Progress .D. Finalize GreenBiz Financing Guide and create residential-focused guide and companion website to direct interested parties to utility, public agency, and local lending institution resources to advance energy efficiency and water conservation measures
Implementation Update: Implementation of this measure can be mapped in two areas: 1. Retrofit financing: To enable access to the capital required to make these often costly home and facility improvements, Cupertino has teamed with financing providers adept at this type of specific offering. The City currently participates in the California First (“CA First”) Property Assessed Clean Energy (PACE) program, which provides funding for energy efficiency, renewable energy and water efficiency improvements, to be paid back over time on property tax bills. https://californiafirst.org/ To date, CA First reports that two residential projects have been completed since August 2014, with a total of $48,000 financed. One of the projects was a large solar array greater
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than 7kWs. In speaking with CA First staff to gain a reason for the low uptake, they described that contractors report that Cupertino residents most often pay cash for PACE-eligible projects and do not have the need to finance home upgrade projects. CA First also shared that residents may also be utilizing Home Equity lines of credit to pay for upgrades, which in some cases have lower interest rates. Over the next year, City staff will further evaluate community motivations for making energy efficiency upgrades as a means of understanding ways to accelerate residential and business energy upgrade projects and financing options. Also, staff is looking into expanding the number of PACE providers to better serve Cupertino residents and businesses. Expanding the number of PACE providers creates competition in the marketplace and allows residents and business owners to have a choice in their PACE provider. Each PACE provider has different interest rates and terms, so more options will allow residents to choose their provider based upon their specific energy efficiency project and financial circumstances. Staff is looking at this issue through a regional lens with the Joint Venture Silicon Valley Public Climate Task Force and the Association of Bay Area Governments (ABAG), as several other agencies have voiced similar challenges in navigating this landscape and are actively being courted by varied PACE providers. For this reason, ABAG recently completed a process to create a standard services agreement to ensure consistent application of key programmatic elements considered to be critically important for local governments. These include consumer protections and disclosures; local government risk mitigation and indemnification; co-marketing complementary energy efficiency programs; contractor and project quality assurance; and performance tracking, data, and reporting. Additional information on this process and next steps will be brought to Council in the coming months. 2. Building Retrofit Programs. To further incent accelerated deployment of energy and water conservation measures across the community, Cupertino teams with four different regional programs, outlined below, to leverage their skills, tools and resources to cost-effectively support community-wide program uptake.
• Bay Area Regional Energy Network (BayREN) runs the Home Upgrade Program, which is equivalent to the basic upgrade program for single-family homes, outlined in the Climate Action Plan. The program provides incentives up to $3,500 for home retrofit upgrade projects. www.bayren.org Current participation in this program to date is as follows;
Timeframe Number of projects Energy Savings 11/2013-10/2015 15 completed kWh: 8,069 Therms: 2,590
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• PG&E’s Advanced Home Upgrade program is equivalent to the single-family comprehensive retrofit package outlined in the CAP. https://www.bayareaenergyupgrade.org/program-overview/advanced-home-upgrade Community participation in this program is slightly higher, as shown below;
Timeframe Number of projects Energy Savings 2013- 2015 35 completed Requested, but not yet
provided
• BayREN’s Multifamily Building Enhancement Program is the current multi- family residential program for building upgrades available to all Bay Area residents. Participation in the program is designed to complete comprehensive retrofit upgrades and to save 10% or more of a building’s energy use, and provides $750 per unit in rebates to help pay for the enhancements. This is a very popular program, and there is currently a waitlist for the incentive money. Note: program savings are lower than the Home Upgrade Program because units are typically far smaller than a single-family home (sq.ft.) and therefore use less energy. https://www.bayareaenergyupgrade.org/bay-area-multifamily-building-enhancements
Timeframe Number of projects Energy Savings 2014- 2015 311 units completed kWh: 405 Therms: 30
• Silicon Valley Energy Watch, a PG&E ratepayer funded program, offers commercial retrofit programs through a partnership with nonprofit Ecology Action, among other services targeting other sectors (e.g. governmental, institutional, and academic). This program focuses on installed upgrades that might include efficient lighting, HVAC, boilers and water heating, refrigeration etc. https://www.sanjoseca.gov/index.aspx?NID=1501 Cupertino itself has participated in their programs and is currently leading a detailed energy audit in partnership with Ecology Action (noted in the municipal summary below).
Timeframe Number of projects Energy Savings 2014- 2015 36 projects completed kWh: 945,943 Staff has updated the Cupertino website with the current program information regarding these relevant financing and retrofit programs and will continue public outreach to increase the number of homes and businesses performing energy efficiency upgrades.
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Additionally, staff is looking to expand the residential energy efficiency program to take advantage of current rebates, incentives, financing options and regional partnerships since the sunset of its agreement with Acterra’s Green@Home service.
MEASURE C-E-3 Home and Commercial Building Retrofit Outreach
Goal: Develop aggressive outreach program to drive voluntary participation in energy- and water-efficiency retrofits.
Co-Benefits
Supporting Measure- progress indicators and goals not provided
Near-Term Measure Implementation Status In Progress A. Partner with Housing Division to design a low- to moderate-income targeted energy and water conservation pilot program
In Progress B. Partner with local realtor community to develop and implement a building owner outreach campaign that targets new building owners to provide information on available building energy efficiency audit and retrofit programs, as well as locally-available financing options (including PACE financing
Implementation Update: In addition to the retrofit-oriented programs noted above, the City is actively working on elevating adherence to existing statewide and local requirements that embed energy efficiency and water conservation into building design, construction and operations. This includes the City’s Green Building Ordinance ( in accordance with the California Green Building Standards Code), adopted in 2013, which applies to all new residential and non-residential buildings and structures, additions, renovations and tenant improvements. The varied City departments track and map Leadership in Energy and Environmental Design (LEED) buildings constructed and operating within the City, which is a third-party certification program of high performance green buildings, and a threshold set through the City’s Green Building Ordinance for numerous project types.
LEED Projects in Cupertino as of February 2016
Certified Commercial Interiors 2 New Construction 3
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Gold Commercial Interiors 1 Core and Shell 1
Silver Core and Shell 1 New Construction 2
Platinum Homes 1 New Construction 2
In Progress Commercial Interiors 2 Core and Shell 1 Existing Buildings 3 Homes 2 Mid-rise 1 New Construction 2 Retail - New Construction 1
Grand Total 25 GreenBiz. The City’ GreenBiz Program (www.cupertino.org/greenbiz) shepherds local Cupertino small to mid-sized businesses through the statewide California Green Business Program (http://www.greenbusinessca.org). Since 2010, the program has helped 39 businesses through the program saving over 5 million lbs. of CO2.
Participation in California Green Business Program
2010 2011 2012 2013 2014 2015 Total To Date
# businesses
certified 9 5 13 4 3 5 39
Greenhouse
Gas
Emissions
Saved
(lbs./CO2)*
154,176 193,823 1,326,937 1,111,351 1,305,303 1,380,131 5,471,721 lbs
CO2
Energy
Saved (kWh) 149,758 177,605 518,850 563,272 581,183 678,129 2,668,797
kWh
Water Saved
(gallons) 567,133 815,564 1,544,086 1,691,466 1,716,193 1,871,258 8,205,700
gallons
Solid Waste
Diverted
from Landfill
(lbs)
928 2,165 618,102 3,368,120 3,411,388 3,412,625 10,813,328
lbs *Note: this data is reported by the Santa Clara County Green Business Program. GHG emissions are reported in total lbs of CO2, not MT CO2e, which is the metric for the GHG inventory.
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MEASURE C-E-4 Energy Assurance & Resiliency Plan
Goal: Develop a long-term community-wide energy conservation plan that considers future opportunities to influence building energy efficiency through additional or enhanced building regulations.
Co-Benefits
Supporting Measure- progress indicators and tracking mechanism not provided
Implementation Update: This is a long-term measure, in which the CAP identifies implementation to occur by 2035 or beyond. As the City is working to prioritize near-term (2020) goals in this early stage of implementation, there is no progress to report. If it becomes feasible to start this measure sooner, staff will work with the community to develop an energy plan that considers energy sources and their reliability with regards to estimated climate change impacts. Even though the exact measures focused on developing a citywide energy plan are not yet advancing, the Cupertino Building department has participated in all 7 energy code trainings offered by the BayREN Codes & Standards Program to elevate staff awareness of these requirements to ensure effective citywide implementation and adherence to the mandates. Specifically, trainings focus on practical, effective enforcement strategies. The City also participated in the Permit Resource Opportunity Program (PROP) (one of only 15 in the entire bay area). The PROP effort was an evaluation of best practices and addressing challenges related to energy code compliance and enforcement in local building departments and was used to identify ways to improve compliance around the bay area. The final report can be found here: https://www.bayren.org/codes/prop-final-report and its findings will inform the development of the agency’s long-term energy and resilience plan. This development will also be informed by the City’s involvement in the Silicon Valley 2.0 Adaptation and Resilience Project (https://www.sccgov.org/sites/osp/SV2/Pages/SV2.aspx). This adaptation decision-support tool developed for Santa Clara County communities, funded through a Strategic Growth Council grant, identifies climate vulnerabilities and risks to all infrastructure, including energy, that will aid in future communitywide energy planning.
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0
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Figure 5- Cupertino Solar PV Permits
MEASURE C-E-5 Community Wide Solar Photovoltaic Development
Goal: Encourage voluntary community-wide solar photovoltaic development through regulatory barrier reduction and public outreach campaigns.
Co-Benefits
Tracking
Mechanism
Track community-wide installed PV capacity and electricity generation potential.
Progress
Indicators
•1.5 MW of new solar PV capacity installed community-wide (residential and nonresidential combined) •Apple Campus 2 solar PV systems installed to generate 15 million kWh/yr •5.5 MW of existing solar PV installed from 2010-2014
Near-Term Measure Implementation Status In Progress F. Work with PG&E to share information about PG&E’s Community Solar program In Progress L. Instruct building and plan check officials to provide information to customers on the benefits of pre-wiring / pre-plumbing for solar applications at the time of new construction or substantial retrofits, including lower up-front costs as compared to retrofitting buildings in the future.
Implementation Update: From 2010-2015, over 484 solar installations have been installed community- wide. The CAP reports that 5.5 MW of Solar PV was installed from 2010-2014, which will contribute to the agency’s emissions reductions recorded on a 2010 baseline. In 2015, an additional 147 permits were applied for to install about 811.36 kW of electricity, as shown below.
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MEASURE C-E-6 Community-Wide Solar Hot Water Development
Goal: Encourage communitywide solar hot water development through regulatory barrier reduction and public outreach campaigns.
Co-Benefits
Tracking
Mechanism
Track total hot water heating capacity of installed solar hot water heaters.
Progress
Indicators
This is a long-term measure, in which the CAP identifies implementation to happen after 2020, so no indicators are written in the CAP for 2020.
Implementation Update: This is a long-term measure, in which the CAP identifies implementation to occur by 2035 or beyond. As the City is working to prioritize near-term (2020) goals in this early stage of implementation, there is no progress to report. Staff is working with Community Development to track this data point, among others, through the deployment of their new software system to enable more ready access to this information for future reports and to drive future related outreach
MEASURE C-E-7 Community Choice Energy Option
Goal: Partner with other Santa Clara County jurisdictions to evaluate the development of a regional CCE option, including identification of the geographic scope, potential costs to participating jurisdictions and residents, and potential liabilities.
Co-Benefits
Tracking
Mechanism
Track community participation in clean- electricity purchasing programs. - Supporting Measure.
Progress
Indicator
The CAP assumed that a local CCE program would not take place before 2020, but this measure was completed ahead of the assumed timeline.
Near-Term Measure Implementation Status Complete A. Work with other Santa Clara County partners to conduct feasibility
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study of developing multi-jurisdiction CCE program
Complete B. If study determines CCA to be feasible and advantageous to Cupertino residents and businesses, work with Santa Clara County partners to prepare necessary additional study reports, informational materials, and any other supporting research and/or documents to help pursue development of CCA program
Implementation Status: While this measure does not include progress indicators in the CAP, it was identified as an important long-term strategy to help the community achieve their more aggressive future-year reduction targets. When the CAP was adopted it was assumed that a local CCE program would not take place before 2020. Ahead of the implementation schedule outlined in the CAP, the City of Cupertino joined the cities of Sunnyvale, Mountain View and the County of Santa Clara to collaboratively pursue the creation of the Silicon Valley Community Choice Energy Authority. The Initial Assessment was completed May 2015. The Technical Feasibility Study was completed November 2015. As a result, Cupertino was the first city in Santa Clara County to join the Silicon Valley Community Choice Energy Authority in December 2015, for a total of twelve communities joining the JPA. This includes the cities of Campbell, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, Mountain View, Saratoga, Sunnyvale and County of Santa Clara. Current recruitment for an interim CEO is taking place and that the first Board of Directors meeting is scheduled for April 13, 2016. www.svcleanenergy.org.
ENCOURAGE ALTERNATIVE TRANSPORTATION
MEASURE C-T-1 Bicycle & Pedestrian Environment Enhancements
Goal: Continue to encourage multi-modal transportation, including walking and biking, through safety and comfort enhancements in the bicycle and pedestrian environment.
Co-Benefits
Supporting Measure- progress indicators and goals not provided
Near-Term Measure Implementation Status In Progress A. Update City's Bicycle and Pedestrian Transportation Plans to reflect current bicycle and pedestrian safety and access needs; prioritize new projects identified In Progress B. Partner with local bicycle advocacy groups / clubs and neighborhood groups to identify dangerous bicycle or pedestrian conditions, and develop strategies to address problem areas
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In Progress C. Partner with schools, neighborhood groups, and businesses to encourage alternative transportation commute options. Expand alternative commute measures within existing sustainability programs, including Green@Home, GreenBiz, and Green@school In Progress D. Continue to evaluate City’s bike & walkability through use of online and community surveying tools including WalkScore, Bicycle Friendly Community criteria, Safe Routes to School Walkability Checklist, etc.
Implementation Update: Implementation of this measure can be mapped in two areas:
1. Bicycle Transportation Plan & Infrastructure - The Public Works Transportation Division is currently in the process of completing the improvements approved and funded by Council in March 2015, as a part of the 2015 Bicycle Transportation Plan update. These include enhancing existing bike lanes with green pavement treatment in front of several elementary, middle and high schools, adding buffer zones to existing bike lanes along Stevens Creek Blvd and Stelling Road, and creating openings through several cul-de-sacs to allow for bike connectivity between neighborhoods. . Staff is also currently working on a more comprehensive bike plan update, which it anticipates will be presented to Council May 2016. This update will likely recommend further enhancements to the bike network including implementing Class IC bike lanes and network of off-street bike trails. There have been many pedestrian enhancements completed to date including the recent completion of a pedestrian crossing prioritization study, which has included upgrades to existing uncontrolled crossing locations with enhancement such as in-pavement lights, warning signs and bulb-outs to reduce crossing distances; the addition of four school crossing guards, funded by the City . Next year staff is planning to update the Pedestrian Transportation Plan, which will guide the development and planning of our pedestrian facility improvements. 2. Education & Encouragement - At Mid-Year, the City Council approved a full-time position to grow the current scope of the part-time role of the City’s first Safe Routes to School Coordinator working to support and encourage active mobility to school across six pilot schools. Through this program, the City is demonstrating its commitment to significantly increase students biking and walking to campus and enhance safety skills and education among students and parents alike.
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MEASURE C-T-2 Bikeshare Program
Goal: Explore feasibility of developing local bikeshare program.
Co-Benefits
Supporting Measure- progress indicators and goals not provided
Near-Term Measure Implementation Status Ongoing A. Continue to operate municipal bike fleet for City employee use and encouragement of bike fleets at large employers
Implementation Update: The City currently operates a municipal bike fleet, for city employee use. There are two bicycles that are available at City Hall at any time for staff to take for meetings around town. The City used to have four bicycles available at City Hall but re-commissioned them to Blackberry Farm for workers to use as an alternative to the gas-powered golf cart. As a part of the City’s GreenBiz program, employers are encouraged to offer bikes for employee usage. Outreach to employers will continue to be done through GreenBiz and possibly periodic Commuter Benefits compliance evaluations through the Bay Area Air Quality Management program. Staff is exploring ways to bring Bay Area Bike Share service to the City as part of a long-term integrated transportation strategy.
MEASURE C-T-3 Transportation Demand Management
Goal: Provide informational resources to local businesses subject to SB 1339 transportation demand management program requirements and encourage additional voluntary participation in the program.
Co-Benefits
Tracking
Mechanism
Identify VMT reductions associated with TDM programs offered throughout the community
Progress
Indicators
10% of total employees in 2020 participate in TDM program that offers rideshare promotion, telecommuting/ alternative schedules, and subsidized transit fares.
Near-Term Measure Implementation Status In Progress A. Support regional efforts to implement SB 1339 commute benefit requirements for employers with more than 50 employees
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Implementation Update: Staff contacted BAAQMD to get a list of all the local businesses that are in and out of compliance with the SB1339 Commuter Benefits Program. All businesses that are required to participate in the program are in compliance. Since SB1339 is set to expire January 1, 2017, staff will continue to monitor the changing program requirements and compliance rate in the city. In the interim, staff are outreaching on commuter benefits programs and active mobility opportunities with area employers through GreenBiz and occasional correspondence in the Economic Development newsletter, “BizBuzz”.
MEASURE C-T-4 Transit Route Expansion
Goal: Explore options to develop local community shuttle or community-wide car sharing to fill gaps in existing transit network.
Co-Benefits
Supporting Measure- progress indicators and goals not provided Identify VMT reductions associated with TDM programs offered throughout the community
Implementation Update: This is a long-term measure, in which the CAP identifies implementation to happen after 2020. If it becomes feasible to start this measure sooner, progress will be reported to Council. Growing our City’s public transportation options and expanding alternative transit infrastructure is critical to reducing our greenhouse gas emissions, reaching our climate goals, and supporting a sustainable Cupertino. For this reason, current members of Cupertino’s City Council are taking leadership to evaluate alternative transportation opportunities for our community to shift current modes away from prioritizing single occupancy vehicles to those that optimize mass transit (see: http://www.cupertino.org/index.aspx?page=1428).
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MEASURE C-T-5 Transit Priority
Goal: Improve transit service reliability and speed.
Co-Benefits
Supporting Measure- progress indicators and goals not provided
Near-Term Measure Implementation Status Ongoing A. Work with VTA to identify local roadways on which traffic congestion frequently leads to impacted transit reliability or timing.
Implementation Update: Transit priority functionality was activated on VTA Limited 323 buses on Sunday, January 25, 2016. These buses trigger transit signal priority along the San Carlos Street-Stevens Creek Boulevard corridor between Delmas Avenue in San Jose and Stelling Road in Cupertino. The Public Works Transportation Division continues to work with VTA to monitor the effectiveness.
MEASURE C-T-6 Transit-Oriented Development
Goal: Continue to encourage development that takes advantage of its location near local transit options (e.g., major bus stops) through higher densities and intensities to increase ridership potential
Co-Benefits
Supporting Measure- progress indicators and goals not provided
Near-Term Measure Implementation Status Ongoing C. Continue to consider off-street parking requirements for transit- oriented and mixed use developments, for developments providing shared parking, and for developments that incorporate travel demand management measures.
Implementation Update: This is an ongoing action item that will be evaluated with each individual project on a case-by-case basis. The City’s Complete Streets Policy and various elements of its recently adopted General Plan work to embed this approach into all future development projects. Shared parking is often used and approved as part of mixed-use
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development projects. If requested by the applicant, in cases where a parking study indicates that fewer parking stalls than that mandated by the Parking Ordinance are required, approval is considered and frequently granted. In addition, the City adopted its 2014-2022 Housing Element in May 2015 to accommodate its Regional Housing Needs Allocation (RHNA). Of the five sites identified as Priority Housing Sites, three (Marina Plaza, Barry Swenson and Vallco Shopping District) are located within a ¼ mile walking distance of the VTA Priority Development Area (PDA) located within the city along Stevens Creek Boulevard and N. De Anza Boulevard. Note that Vallco Shopping District would a Priority Housing Site upon adoption of a Specific Plan for that Special Area. In addition, the City Council considered increasing the office development capacity along the cities major corridors (Stevens Creek Boulevard, N. Wolfe Road, N. De Anza Blvd.) and allocated office development potential of up to 2,000,000 square feet within the Vallco Shopping District Special Area (also located within ¼ mile of the VTA PDA) subject to the adoption of a Specific Plan.
MEASURE C-T-7 Community-Wide Alternative Fuel Vehicles
Goal: Encourage community-wide use of alternative fuel vehicles through expansion of alternative vehicle refueling infrastructure.
Co-Benefits
Tracking
Mechanism Track community-wide shift towards alternative fuel vehicles
Progress
Indicator
Shift vehicle fuel use from gasoline and diesel to electricity and other clean fuels. Community-wide motor vehicle profile shifts as follows:
• 5% of gasoline passenger vehicles shift to plug-in hybrid electric (PHEV);
• 5% of diesel passenger vehicles shift to PHEV;
• 5% of gasoline light-duty trucks shift to PHEV;
• 3% of gasoline heavy-duty trucks shift to CNG;
• 3% of diesel heavy-duty trucks shift to CNG;
• 40% of diesel buses shift to CNG, 20% shift to PHEV
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Near-Term Measure Implementation Status
In Progress
B. Develop Alternative Fuel Infrastructure Siting Plan focused on strategic development of EV charging stations and municipal CNG fueling stations based upon demand analyses and feasibility studies; EV station siting plans will identify appropriate locations for Level 1 (slow charge), Level 2 (fast charge), and Level 3 and DC (rapid charge) charging stations in community and will analyze different models for charging station ownership/management (i.e., public vs. private sector) In Progress C. Work with MTC and Bay Area local governments to develop informational brochures and technical support for developers / contractors interested in providing public electric vehicle (EV) charging ports in new projects In Progress D. Identify regional partners for collaboration on multi-family EV charging station retrofit program to develop strategies for installing EV chargers in existing multi-family buildings/apartment developments On-going E. Continue to enforce pre-wiring for at-home/business electric vehicle charging ports in new construction per City’s existing ordinance and evaluate additional building code and zoning code revisions recommended through SGC Grant In Progress F. Pursue local incentives, partnerships, and funding mechanisms guided by SGC Grant; Provide links on City's website to sources of cash rebates or other financial incentives for purchase and/or lease of alternative fuel vehicles On-going G. Continue to provide links to maps identifying EV charging stations and alt fuel stations
Implementation Update: Implementation of this measure can be mapped in five unique areas: 1. Evaluation and Planning – In 2015, the City partnered with the County of Santa Clara and other regional cities to prepare a Strategic Growth Council grant to enable six participating agencies to launch an innovative regional alternative fuel vehicle planning effort titled “ Driving to Net Zero: Decarbonizing Transportation in Silicon Valley.” The grant was awarded and Cupertino is serving on the Advisory Team to oversee its implementation. The initiative includes zero emissions vehicle and infrastructure planning, siting, data forecasting, training, policy and program platform that will inform future agency decision-making across a variety of sectors. 2. Enforcement- Staff is continuing to enforce amendments to the Green Building Standards Code, to require all new construction to provide a dedicated branch circuit to serve a future charging station and pre-wiring or a raceway/conduit to
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feed future wires to residential stalls and to 10% of non-residential stalls. Technical support is currently available through City’s building department for anyone that wants to install EV charging ports in a new project; in compliance with the City’s 2014 pre-wiring requirements.
3. Education - Information on EV charging is available on the City website, www.cupertino.org/evs Staff is working to evaluate whether informational brochures are needed. 4. Data Gathering - Staff is working with other community partners through the Driving to Net Zero project, to get better access to data that can be consistently tracked over time, in the absence of having access to protected driver records available through DMV. In the meantime, a rough estimate of number of electric vehicles owned by Cupertino residents can be found by looking at the California Air Resources Board California Vehicle Rebate Program (CVRP). The CVRP program gives rebates up to $5,000 for California residents that purchase or lease an all battery electric, plug-in hybrid, hydrogen fuel cell or neighborhood electric vehicles. Between March 18, 2010 to February 1, 2016, there have been 1,204 rebates amounting to $2,728,600 approved for applicants in the 95014 zip code. Not all eligible EV drivers participate in the CVRP, so staff looked at the participation rates in the program. According to a report by the Center for Sustainable Energy, participation rate for Santa Clara County is about 74%, so applying this number brings the estimated number of EV’s owned by Cupertino residents to about 1,692 – 2,193 electric vehicles. (https://cleanvehiclerebate.org/eng/content/cvrp-participation-thru-2015-03).
5. Infrastructure Deployment -. The City participated in the Prospect Silicon Valley convened-Bay Area Charge Ahead Project (BayCAP) to secure and install 4 additional dual port charging station at the Cupertino Library and Quinlan Community Center (see: http://prospectsv.org/category/news-events/media/baycap/). The City also purchased and installed a PV-tied system in the Service Yard to fuel its growing alternative fleet. Additionally, the City’s GIS division tracks the number of electric vehicle charging stations installed in the city, through permit data. This includes home chargers and public chargers. As of the end of 2015, a total of 154 charging stations had been permitted in the City. Residents that uses Level 1 charging at home, do not need to install a charger and therefore will not be reflected in this number.
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CONSERVE POTABLE WATER
Goal: Implement water conservation policies contained within Cupertino's Urban Water Management Plan to achieve 20 percent per capita water reductions by 2020.
Co-Benefits
Tracking
Mechanism Track per capita water use compared to 2010 baseline levels.
Progress
Indicators Reduce water use 20% less per capita than 2010 baseline usage.
Near-Term Measure Implementation Status In Progress B. Work with local water providers to identify opportunities for water use data tracking and reporting at community-wide level; if successful, share this information through CAP’s annual progress reporting procedures, aligned with required General Plan implementation annual reports Ongoing C. Partner with community/neighborhood groups to promote existing water conservation programs and participation in voluntary turf-removal programs
Implementation Update: Implementation of this measure can be mapped in four unique areas: 1. Data & Analytics - Staff is working with local water providers to collect water use data at a community level for annual CAP reporting purposes. The City is currently split between three different water retailers: California Water Service (CAW) and San Jose Water Company (SJW). CAW has provided annual aggregate community water usage data from 2013-2015 and are working to provide any additional historic data available. SJW is working on providing annual aggregate community water usage data from 2010-2015 and expects to produce this information by May 2016. Staff is coordinating with both retailers to determine how to most effectively obtain this community wide data on an annual basis. 2. Education & Trainings - Staff historically engaged with neighborhood groups via its “growing greener blocks” initiative, which remains a service offering for Block Leaders to select when planning a community Block Party. As staff reevaluates more comprehensive energy/water outreach/engagement programs, the Division continues to host water conservation workshops (e.g. Graywater Workshop hosted
MEASURE C-W-1 SB-X7-7
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in 3/16, with 20+ attendees), offer resources via the DIY Toolkit available at the Cupertino Library, and share information via www.cupertino.org/savewater, Cupertino Scene articles and social media channels. 3. Financial Incentives – The City has teamed with the Santa Clara Valley Water District (SCVWD) to expand participation in the Landscape Rebate Program, designed to assist residential, commercial, industrial and institutional property owners increase efficiency in outdoor water use by converting lawns or pools to drought tolerant landscaping and/or upgrading to high efficiency irrigation equipment. In FY15/16 the SCVWD offered $2 per square foot of converted landscape to encourage low water using landscapes and offered additional rebates for high efficiency sprinkler nozzles and bodies, flow meters, and weather-based irrigation controllers. Experts estimate that 20 gallons per square foot of lawn converted is saved annually. Starting in 2015, Cupertino offered an additional $1 for residents to participate in the program, bringing the total rebate amount to $3 per square foot. The City contributed $115,000 towards this program. Participation in the program is as follows: # Rebates Sq. Feet Converted Est. Annual Savings ( Gallons) 2010-2012 5 7,196 143,920 2013 8 9,933 198,660 2014 16 15,585 31,170 2015 106 138,121 2,762,420 4. New Requirements - In March 2016, Cupertino’s City Council approved and adopted an updated Municipal Water Efficient Landscape Ordinance (MWELO) that will conform to the new State requirements while maintaining a streamlined approval process. It applies to development projects that include landscape areas of 500 sq. ft. or more (e.g. residential, commercial, industrial and institutional projects) that require a permit, plan check or design review. The previous landscape size threshold in Cupertino was 2500 sq. ft., which shall remain for existing landscapes that are being rehabilitated. Staff is working on tracking data on the number of permits and related efficiency statistics related to the implementation of this ordinance.
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MEASURE C-W-2 Recycled Water Irrigation Program
Goal: Recycled Water Irrigation Program Explore opportunities to use recycled water for irrigation purposes to reduce potable water demands.
Co-Benefits
Supporting Measure- progress indicators and goals not provided
Near-Term Measure Implementation Status Ongoing B. Continue to monitor regional discussions regarding expansion of existing recycled water systems in neighboring jurisdictions In Progress C. Identify City-owned site to install educational demonstration project that showcases water-efficient landscaping strategies, alternative irrigation options, and/or low-impact landscape design techniques
Implementation Update: Staff is involved in regional Santa Clara Valley Water District Landscape Committee Meetings and attending other relevant showcases and symposiums. Educational demonstration projects that showcase water efficient landscape strategies are earmarked in the FY 15/16 budget and are anticipated to be deployed based upon Public Works capacity/direction and information from water consumption data and analysis to clearly identify the appropriate location to site the installation. The City partnered with Acterra to offer a free training to the community in rainwater harvesting and rain gardens on March 5th, at which rain barrels were installed at the Environmental Education Center. This workshop was followed by a free Graywater Laundry to Landscape Seminar offered by the City the very next week.
REDUCE SOLID WASTE
MEASURE C-SW-1 Zero Waste Goal
Goal: Maximize solid waste diversion community-wide through preparation of a zero waste strategic plan.
Co-Benefits
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Supporting Measure- progress indicators and goals not provided
Near-Term Measure Implementation Status In Progress A. Continue to implement City’s goal to divert 75% of community-wide solid waste through franchise waste hauling contract
Implementation Update: A Mandatory Commercial Organics Ordinance was adopted and implemented to increase organic waste diversion and therefore enhance overall communitywide diversion. As the first tiers of the ordinance were implemented as of September 1st, 2015 and January 20th, 2016 (see C-SW-2), it is too soon to have data that quantifies a diversion increase. Cupertino's community-wide overall diversion in 2014 and likely 2015 has been greatly impacted by unreported recycling and onsite reuse of demolition and construction debris for self-haul projects over the past 2-3 years. Although diversion is important, to achieve zero waste goals it is more important to track and emphasize a reduction in material to landfill. Additionally, it is important to note that the amount of waste going to the landfill is affected by the economy. A strong economy generates more consumption, which can cause landfill tonnage from the commercial and residential sectors to increase. Most importantly, a strong economy generates more new and redevelopment, which can trigger an increase in demolition debris. Staff is looking at researching these effects further and will provide more information in later CAP updates.
MEASURE C-SW-2 Food Scrap and Compostable Paper Diversion
Goal: Continue to promote the collection of food scraps and compostable paper through the City's organics collection program
Co-Benefits
Tracking
Mechanism
Track the percentage of compostable food and paper that are diverted from the solid waste stream.
Progress
Indicators
• Households divert 40% of food scraps and compostable paper;
• 10% of businesses divert 20% of food scraps and compostable paper;
• Households and businesses divert 85% of yard waste
Near-Term Measure Implementation Status In Progress A. Continue to implement the City's organics collection program outreach campaign, including outreach to Cupertino’s business community regarding upcoming commercial food waste ordinance
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Implementation Update: Outreach continues to grow for the City’s organic collection program, and is strategically paired with outreach for other materials management programs (e.g. Food Rescue, Rethink Waste and GreenBiz). Outreach efforts have specifically aligned with the following initiatives: 1. New Mandate - The City’s Mandatory Commercial Organics Ordinance went into effect for the largest food generators on September 1, 2015, affecting 8 accounts (each account can include multiple businesses). The second tier, affecting 18 mid-level food generators, went into effect on January 20, 2016. City staff visited all affected businesses and offered employee training, free bins and customized signage, and technical assistance. Staff is planning for the third tier, which will go into effect by July 1, 2018, for businesses and multifamily sites generating a sizable (4 cubic yards or more) quantity of solid waste. All single family homes have been provided a yard waste cart where they can put their organic waste. 2. Workshops - Upon completion of a free home composting workshop, residents receive a free backyard compost bin (diversion rates do not include diversion due to backyard composting). 3. Strengthened Hauler Partnership - In 2015, Staff and Recology began prioritizing efforts to reduce contamination and produce a cleaner compost product. The residual (the amount of contaminated material removed from the organics stream) was deducted from total composted tonnage. This change in reporting affected 2015 organics collection totals. This reporting more accurately reflects the amount of total organics composted. 4. Regional Partnerships - In addition to food waste diversion achieved by organics recycling, the City joined a regional campaign to increase commercial food donations. In 2015, eight Cupertino businesses donated about 112,000 pounds of food to West Valley Community Services’ food bank, a Cupertino-based nonprofit. Efforts described above have achieved the following community results:
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MEASURE C-SW-3 Construction & Demolition Waste Diversion Program
Goal: Continue to enforce diversion requirements in City's Construction & Demolition Debris Diversion and Green Building Ordinances.
Co-Benefits
0
5000
10000
15000
20000
25000
30000
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Figure 6- Commercial Total Tons Waste Collected
Total Compost collected
0.00%
2.00%
4.00%
6.00%
8.00%
10.00%
12.00%
14.00%
16.00%
18.00%
20.00%
2011 2012 2013 2014 2015
Figure 7- Percentage of Commercial Accounts with
Organics Collection Service
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Tracking
Mechanism
Track the percentage of construction and demolition waste that is diverted from the solid waste stream.
Progress
Indicators
60% of construction and demolition waste diverted, per City’s ordinance – approximately 2,600 tons/yr.
Near-Term Measure Implementation Status Ongoing A. Continue to implement City's 60% C&D diversion requirement for applicable projects as defined in City's Construction and Demolition Debris Diversion Ordinance
Implementation Update: Staff continues to require 60% diversion from self-haul projects (3,000 sq. ft. or more) or use Recology, wherein all Construction & Demolition (C&D) materials are sorted and all recyclable materials are recycled, on average resulting in 75-90% diversion
EXPAND GREEN INFRASTRUCTURE
MEASURE C-G-1 Urban Forest Program
Goal: Support development and maintenance of a healthy, vibrant urban forest through outreach, incentives, and strategic leadership.
Co-Benefits
Tracking
Mechanism
Track the number of new trees planted community-wide
Progress
Indicators
2,500 net new trees planted in the city from 2015 onward *Assumes 2,400 from Apple 2 Campus, and 100 from other community plantings.
Near-Term Measure Implementation Status Ongoing A. Continue implementing landscaping requirements in City's Development Standards, Design Guidelines, and other regulatory documents
Implementation Update: The Public Works Department tracks the number of new trees planted by the City and plots them on a GIS map that is available to the public through the
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Open Data Portal: http://gis.cupertino.opendata.arcgis.com/. Staff will track the number of net new trees from 2015 onward and communicate with Apple representatives to get an update on the status of the tree plantings at the Apple 2 Campus as the project progresses. Year Net New Tress Planted 2010 96 2011 40 2012 147 2013 470 2014 410 2015 100
MUNICIPAL MEASURES
Detailed below are each of the City’s near-term municipal measures, which includes a
summary of the measure (“Goal”), the process staff is using for tracking that measure (a
combination of “Tracking Mechanism” and “Progress Indicators”), the status and
implementation efforts to achieve 2020 goals (“Status” and “Implementation Update”). The
measures are broken out into their corresponding reduction strategies; improve facilities,
convert vehicle fleet, reduce solid waste.
IMPROVE FACILITIES
MEASURE M-F-1 Sustainable Energy Portfolio
Goal: Procure low-carbon electricity through utility-based programs or participation in a Community Choice
Co-Benefits
Tracking
Mechanism
Track portion of municipal electricity that comes from renewable sources.
Progress
Indicators
•100% of municipal electricity use in 2020 comes from 75% renewable (or zero carbon) sources via PG&E Green Option OR •100% of municipal electricity use in 2020 comes from 100% renewable ( or zero carbon) sources via Community Choice Energy Program
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Near-Term Measure Implementation Status A. Support Utility-Enhanced Clean Generation Portfolio
On-Hold
Conduct feasibility study of PG&E Green Option financial costs (per kilowatt hour (kWh) costs have not been finalized yet as part of program development) for City to purchase part or all of its electricity from renewable sources; Develop resolution to opt into PG&E Green Option program for municipal electricity purchases (Note: program is currently capped at 272 MW and as 5 year pilot program; it is currently unknown how enrollment decisions will be made should program become fully subscribed) B. Create Community Choice Energy Option
Complete
Continue to monitor CCE efforts within Santa Clara County, City of San Francisco, and East San Francisco Bay cities; if local support exists to further; consider CCE options within Cupertino, pursue the following steps:;Identify potential jurisdictional partners for development of CCE (e.g., Sunnyvale, Mountain View); Conduct feasibility study to assess viability of CCE program in Cupertino (can be conducted jointly with33 2 other jurisdictional partners); Based on results of feasibility study, pursue development of (or participation in) CCE per state 4 20requirements; Adopt resolution for City to participate in CCE.; Determine feasibility of City to purchase electricity for municipal operations from CCE, based on approved CCE rate structure; CCE may provide options for level of participation (e.g., 50% clean electricity, 100% clean electricity)
Implementation Update: The city does not envision participating in the PG&E Green Option as Silicon Valley Clean Energy (SVCE) is anticipated to go online in the Winter of 2016/2017 and will provide more cost effective access to renewable energy for the City accounts. SVCE will host its inaugural meeting on April 13, 2016. Staff is actively involved in the development of SVCE, as its contracted outreach lead, and will remain informed of key decisions made through Council’s appointed Board of Directors Member to the Authority. SVCE anticipates going to market to learn indicative pricing with confirmed rate prioritize (e.g. costs and environmental attributes) in the Summer of 2016, at which time staff will evaluate potential rate structures, renewable portfolio and GHG content to determine applicability for City electricity accounts. Transition to SVCE could yield significant GHG savings for the agency, and the community at large, as detailed in the City’s Climate Action Plan and also SVCE’s Technical Study. For the year 2014, PG&E reported that the renewable percent of electricity is at 28%. The state mandates that all utilities will have 33% renewable portfolio by the year 2020. SVCE anticipates exceeding this requirement in its first year of operations, with an “opt-up”
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option for residents that want to purchase 100% renewable energy. There may also be a middle-ground service offering of 50-75% that would be available at a slight cost-premium (i.e. 3 cents per kWh). In the interim, staff is working to identify opportunities to disaggregate consumption by meter to better gauge the effectiveness of energy conservation measures when implemented at the circuit level. PG& E provides municipal electricity and natural gas use in aggregate for all municipal buildings and accounts. Staff is currently working to improve access to data and be able to differentiate between the different end uses of buildings, parks, park and parking lot lights, so that the energy efficiency programs can be effective and progress can be tracked. The agency’s aggregate electricity and natural gas use are detailed below. Not that the City has reduced energy use over time, despite the addition of new facilities and infrastructure have come online between 2010 – 2015 (e.g. Franco Park, Environmental Education Center). The largest energy conservation project can be attributed to a citywide streetlight retrofit funded, in part, through the City’s Department of Energy, Energy Efficiency and Conservation block Grant (EECBG) in 2009 – 2010.
0
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2010 2011 2012 2013 2014 2015
KW
h
Figure 8- Municipal Electricity Usage
Public Lighting
Buildings
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MEASURE M-F-2 Renewable or Low-Carbon Electricity Generation
Goal: Develop renewable energy facilities at municipal buildings and facilities.
Co-Benefits
Tracking
Mechanism
Calculate total electricity generation capacity of municipal solar PV systems.
Progress
Indicators
Assumes five solar sites are developed for total installed capacity of 508 kW generating 818,000 kWh/yr. Assumes no solar thermal systems are pursued prior to 2020
Near-Term Measure Implementation Status A. Install Solar PV Installations on City Buildings / Property
Ongoing
Based on results of City’s previous solar feasibility study, pursue PV installations at City Hall complex, Quinlan Community Center, Cupertino Library, Corporation Yard, and Civic Center carports through Santa Clara County Regional PPA or other financing option (e.g., City procurement, lease-to-own); Review future potential for additional PV installations at sites associated with implementation of Civic Center Master Plan (e.g., Teen Center, new City Hall, Sheriff's Office)
0
10000
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2010 2011 2012 2013 2014 2015
th
e
r
m
s
Figure 9- Municipal Gas Usage
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Implementation Update: The City installed its first municipal solar carport project is located at the Public Works’ Service Center, adjacent to the Burnett Bicycle-Pedestrian Bridge on Mary Ave. The system size capacity is 103.7 kW, and is estimated to generate enough electricity to offset 74% of the Service Center energy use across three unique meters, including the Don Burnet Bridge. The solar installation is estimated to save the City approximately $25,000 per year. As of February 29, 2016 the array has generated 163,661 kWh since it was installed on December 6, 2014.
MEASURE M-F-3 Advance Energy Management Activities
Goal: Reduce energy consumption in existing municipal buildings through data analysis, interactive management systems, employee education, and building operation and maintenance policies.
Co-Benefits
Tracking
Mechanism
Track energy savings from advanced energy analytics program participation.
Progress
Indicators
Assumes 14.5% reduction in 2010 baseline building electricity use (i.e., 410,000 kWh/yr. saved) and 14.3% reduction in 2010 baseline building natural gas use (i.e., 6,900 therms/yr. saved)
Near-Term Measure Implementation Status C. Install Energy Management Systems
Initiating
Work with energy analytics firm and City IT department to identify additional opportunities for office system EMS to automate control and monitoring of office equipment (e.g., computers, monitors, printers), beyond those already installed, including strategy for advanced power strip purchases and use in City buildings; Work with energy analytics firm to review existing advanced lighting controls/monitoring systems (e.g., automatic dimmers), ensure proper operation, and identify opportunities for additional installations in other City buildings/facilities E. Design / Implement Facilities & Equipment Energy Management Policy In Progress Research and collect facility-related energy conservation policies and procedures from cities locally and nationally; Develop draft Policy and Procedure that outlines facility energy and water conservation goals, employee responsibilities, operating equipment procedures, and
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purchasing guidelines, to ensure consistency with City’s Environmentally Preferable Procurement Policy; Implement Procedure and track progress to achieve utility cost and resource savings on periodic basis ; Adjust Procedure as best practices evolve and new technologies are introduced to achieve larger financial and utility conservation gains over time; Identify third-party certification programs and rating criteria to recognize Cupertino’s utility conservation efforts
Implementation Update: Staff has scheduled energy audits in April 2016 with Silicon Valley Energy Watch/Ecology Action for Quinlan Community Center, City Hall, the Sports Center, Blackberry Farm, the Senior Center, and the Library. These audits will guide future energy efficiency projects and initiatives. The City also expects to procure a Utility Data Management Solution to assist with tracking energy usage and billing data by Summer 2016. Staff also initiated policy collection which informed the development of the City’s first Plug Load Management Policy (developed with PW), Green Purchasing Policy & User Guide, and forthcoming Workstation Energy Management Policy (developed with IT).
MEASURE M-F-4 Grow Existing Building Energy Retrofit Efforts
Goal: Reduce energy consumption in existing municipal buildings through energy efficiency improvements.
Co-Benefits
Tracking
Mechanism Track energy use reductions associated with building retrofits.
Progress
Indicators
Assumes 254,000 kWh/yr. saved as result of interior lighting retrofits and occupancy sensors, and 59,000 kWh/yr. saved as a result of plug load controllers (assumed 200 controllers installed)
Near-Term Measure Implementation Status A. Complete Building Retrofits
Initiating Use results from advanced analytics program (see M-F-3 A) to identify appliances and building systems that are underperforming from energy use perspective, and develop prioritization plan for equipment replacement / building retrofits; work with PG&E to identify available rebates, incentives, or on-bill financing opportunities for various
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improvements; Continue to make progress on implementing efficiency opportunity findings from City's Detailed Energy Audit; establish budget priority for Energy Audit update in next five years
Implementation Update: To date the City has made many energy efficiency improvements across its municipal portfolio, a sampling of which is displayed in the table below. Staff is currently working on cataloging the savings and inventorying of all the energy efficiency measures that have been installed. The goal is to improve the currently tracking systems to produce a report for CAP progress each year. These measures will also benefit from the results of the Silicon Valley Energy Watch/Ecology Action energy assessment on municipal buildings that is anticipated to be completed this spring.
Year Facility Improvement Measure (FIM) Location Annual Energy Savings (kwh)
2010 PC Power Management Software Citywide 34000
2011 Lighting Upgrade - (Electronic) Ballast Replacement 10300 Torre Avenue 2305
2011 Lighting Upgrade - T12 --> T8 10300 Torre Avenue 4053
2011 Lighting Upgrade - De-lamping 10300 Torre Avenue 1340
2011 Lighting Upgrade - Motion Sensor (Hall/Stairways) 10300 Torre Avenue 496
2011 Lighting Upgrade - T12 --> T8 10300 Torre Avenue 2702
2011 Lighting Upgrade - Occupancy Sensors Citywide 6676
2011 Lighting Upgrade - T12 --> T8 10185 Stelling 5963
2013 Plug Load Occupancy Sensor 10555 Mary Ave 668
2013 Lighting Upgrade --> T12 - T8 10555 Mary Ave 3714
2013 Lighting Upgrade - (Electronic) Ballast Replacement 10555 Mary Ave 2995
2013 Lighting Upgrade - 32W T8 --> Low Wattage T8s 10555 Mary Ave 1378
2013 HVAC Maintenance 10555 Mary Ave 4073
2013 Lighting Upgrade --> Occupancy Sensors 10555 Mary Ave 1011
2013 Vending Controllers 10555 Mary Ave 3224
2013 Lighting Uprade - 32W T8 --> Low Wattage T8s 10185 N Stelling Rd. 1817
2013 Plug Load Occupancy Sensor 10185 N Stelling Rd. 1068
2014 Lighting Upgrade - 32W T8 --> Low Wattage T8s 10300 Torre 14462
2014 Vending Controllers 10300 Torre 4836
96,781
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MEASURE M-F-5 Expand New Building Energy Performance
Goal: Establish energy efficiency targets for new municipal buildings.
Co-Benefits
Tracking
Mechanism
Calculate energy savings related to implementation of City’s Green Building Ordinance as it relates to new municipal building construction.
Progress
Indicators
All new municipal construction complies with the City’s Green Building Ordinance
Implementation Update: This is a long-term measure, which is applicable to new municipal building construction. During next Fiscal Year, staff anticipates development of a citywide facilities master plan, which will detail energy efficiency and conservation opportunities, based upon benchmarks developed of current facility energy use (in partnership with Silicon valley Energy Watch and Ecology Action, noted above). From this, staff will establish energy conservation targets for each operating facility, not just those during new construction (i.e. the Environmental Educational Center). Through this process, staff will evaluate opportunities to not just reach energy savings goals, but also identify opportunities to achieve recognized performance ratings like EPA’s Energy Star Rating and/or USGBC’s LEED Certification, as guided by the City’s Green Building Ordinance.
MEASURE M-F-6 Complete Citywide Public Realm Lighting Efficiency
Goal: Upgrade public realm lighting to more efficient technology.
Co-Benefits
Tracking
Mechanism
Track electricity savings from street light and park light retrofits.
Progress
Indicators
Achieved! – 872,000 kWh/yr. saved through street light retrofit program Achieved! – 75,000 kWh/yr. saved through park unit parking lot and pathway light retrofit program
Near-Term Measure Implementation Status A. Complete Street Light Retrofits
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Ongoing Consider best practices in lighting technology at time of bulb and / or fixture replacement or repair; Ensure that new street light installations achieve comparable or better efficiency level as achieved through previous street light retrofit program. B. Retrofit Remaining Parking Lot and Park Facility Lighting
Ongoing
Identify City-owned parking lot lighting that has not yet been converted to LED, magnetic induction, or similar highly-efficient technology; Identify park lighting (e.g., pathways, restroom facilities, area lighting, sport field lighting) that has not yet been converted to LED, magnetic induction, or similar high-efficiency technology; Identify appropriate energy-efficient lighting technologies for sports fields / courts that still provide lighting levels required for applicable sporting use; Develop implementation timeline and funding program; contact City's PG&E account representative regarding availability of rebate programs and / or on-bill financing options to cover retrofit program; Consider updating City’s Standard Provisions or other lighting guidance documents to specify efficiency levels to be achieved in new installations or lighting retrofit projects.
Implementation Update: At the time the CAP was written, the streetlights and park lights in the City had been upgraded to high efficiency lights, but not LED because, at the time, it was still considered a new technology that had limited outdoor deployment outside of a laboratory testing environment. Further, the City sought to minimize waste associated with the conversion by prioritizing a retrofit vs. replacement, which was required to transition to LEDs. Now that additional lamp types/sizes are available, the agency will work to convert its streetlight portfolio with LEDs, noted for higher efficiency than the current technology. As induction lamps throughout the city require replacement, Public Works will upgrade to LED. Once such project across decorative lamps will occur this fiscal year in Canyon Oak/Oak Valley and Rancho neighborhoods. Further, in FY 16/17, the Public Works team will a complete citywide retrofit of all park and parking lot lighting to LED. Park light lamps that were converted between 2014 and 2014 are shown below:
Location Pre (Tech) Post (Tech) Savings (kWh)
Memorial Park/Quinlan Metal Halide LED 52275
Creekside Park Metal Halide LED 11685
Jollyman Park Metal Halide LED 10906
Three Oaks Park Metal Halide LED 3895
Somerset Park Metal Halide LED 2337
Monta Vista Park Metal Halide LED 4284.5
Varian Park Metal Halide LED 4284.5
McClellan Ranch Park Metal Halide LED 1947.5
Monta Vista Commercial Area Metal Halide LED 13136.4
TOTAL 104,751
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MEASURE M-F-7 Conserve Water Through Efficient Landscaping
Goal: Implement best management practices in landscaping design and share City successes community-wide to lead by example in water conservation action.
Co-Benefits
Tracking
Mechanism Track municipal water use and conservation efforts.
Progress
Indicators
Achieve Bay Area Climate Compact’s goal for 20% water savings by 2018 over 2008 baseline. Assumes 27.5 million gallons of water saved per year over 2008 baseline of 138 million gallons
Near-Term Measure Implementation Status A. Utilize Weather-Track System to Reduce Park & Median Water Use On Hold Continue to use weather-based irrigation technology in City irrigation practices to prevent unnecessary or excessive water in public spaces B. Benchmark & Track Water Use per Meter On-going Establish operational framework for tracking and reviewing water use at the meter level to allow identification of improper irrigation system use, leaks, or other wasteful water activities. C. Adopt Water Budget & Green Grounds Policy
In Progress
Develop landscaping policy that promotes efficient watering schedules, high- and low-priority water zones (for use during pre-drought conditions), water-efficient and climate-sensitive plant selection, and compost-friendly landscape maintenance. Evaluate alternative or maintain existing water-efficient irrigation technology systems, particularly in areas of high irrigation use; Consider use of water budgets for irrigated landscape areas; Create education stations or post information to City’s website that describe City’s green grounds practices D. Use Bay-Friendly Landscaping Techniques across Parks & Medians; Install Demonstration Gardens
Ongoing
Adopt city-wide policy that requires specification of Bay-Friendly, drought-tolerant landscapes in any new City project or private project receiving City funds to include landscaped areas as project element; Expand Parks & Recreation Green Policies, which focus on water-efficient landscaping, across all departments to prioritize Bay-friendly and efficient irrigation practices and technologies to maintain Install informational placards or signs at new landscaping installations that quantify water saving potential from new designs and refer public to
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additional informational resources; Develop informational materials based upon City’s practices and lessons learned to support effective implementation of City’s Water Efficient Landscaping Ordinance E. Install Graywater and Rainwater Catchment Systems in New Construction and Major Retrofit Projects Ongoing Incorporate graywater plumbing and/or rainwater catchment systems in new municipal buildings, where appropriate; F. Recognize Staff “Water Wise” Practices
In Progress
Research municipal operations-oriented behavior change and utility conservation incentives programs to create model for Cupertino; Develop outreach and engagement tools to notify employees of campaign and support their program enrollment and continued involvement; Educate and train staff by sharing strategies to save water indoors and out so they may effectively participate in program; Launch “Water Wise” program and offer ongoing coaching and support;
Implementation Update: Implementation of this measure can be mapped in two unique areas: 1. Data Collection & Analytics - Staff has completed a citywide water meter and site verification process. The results of this helped elevate staff knowledge on the locations and quantities of outdoor and indoor water use across landscaping and municipal facilities. Water consumption data is currently being tracked manually, so staff is looking into utility data management solution to automate this process. An RFQ was released on March 22nd, 2016 and a solution is anticipated to be implemented in the Summer of 2016. 2. Landscape Conversion - As appropriate and aligned with the City’s Water Conservation Policy (see: www.cupertino.org/savewater) Public Works staff is installing drought tolerant landscaping across high water consumption areas by converting turf or replacing plant types to more drought tolerant species. This includes the following sites; Blackberry Farm (Drought tolerant landscaping) 2009, Memorial Park (Drought tolerant landscaping) 2014, Wilson Park (Drought tolerant landscaping/Lawn conversion) 2014, McClellan Ranch/EEC (Drought tolerant landscaping) 2015, Oak Valley Park (Drought tolerant landscaping) 2015, Senior Center (Drought tolerant landscaping/Lawn Conversion) 2015. Additionally, rain barrels have been installed at the McClellan Ranch Environmental Education Center. Due to these efforts, annual municipal water use has decreased from a 2008 baseline, with water use in 2015 achieving the state and Santa Clara Valley Water District target of 30%
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below the 2013 baseline. Staff will continue to implement water conservation programs and monitor water use annually to continue with the community water reduction goals.
0
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140
160
2009 2010 2011 2012 2013 2014 2015
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Figure 10- Annual Municipal Water Use
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Figure 11- Water Use by City owned Facilities
School Fields
Parks
Median
Golf Course
Fountain
Buildings
2008 Baseline: 138
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CONVERT VEHICLE FLEET
MEASURE M-VF-1 Low Emission and Alternative Fuel Vehicles
Goal: Transition City vehicle fleet to fuel-efficient and alternative-fuel vehicle models.
Co-Benefits
Tracking
Mechanism Track composition of municipal fleet by vehicle type/fuel type.
Progress
Indicators
Achieve Bay Area Climate Compact’s goal for 25% of vehicle fleet to comprise zero-or-low emissions light duty vehicles by 2018.
Near-Term Measure Implementation Status B. Expand City Bike Fleet, Training, and Promotion
Ongoing Continue to pursue implementation of municipal bike fleet in instances where vehicle trips can safely and easily be replaced with trips via bicycle; comprehensive bike fleet could result in opportunities to downsize municipal vehicle fleet or reduce VMT to help achieve fleet emissions target C. Promote Vehicle Alternatives to Reduce Car-Travel to City-Sponsored Events
Ongoing
Continue to pursue implementation of municipal car share program, which like municipal bike fleet could allow City to downsize its municipal vehicle fleet; Consider opportunities to expand municipal bike fleet and / or car share program as part of municipal fleet transition strategy and at time of regular vehicle replacement (e.g., could tasks performed by retired vehicle be performed with shared vehicle?); Ensure that community-wide shuttle, car share, bike share assessment includes consideration of City staff commutes and special-event opportunities
Implementation Update: Implementation of this measure can be mapped in five unique areas: 1. Vehicle Replacement - The Public Works Fleet Division has followed the City’s Environmentally Preferable Procurement Policy and Vehicle Replacement Schedule, which requires staff to evaluate and purchase alternative fuel vehicles where fiscally feasible within a defined threshold. Guided by these policies, Sustainability Division staff prepared a lifecycle cost calculator for Public Works to utilize when replacing light-duty vehicles in 2014, 2015, and 2016 as a means of simplifying procurement
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decisions and also accelerating attainment of the City’s Bay Area Climate Compact goal of vehicle fuel conversions. As of the end of 2015, City fleet vehicle composition is as follows: Hybrid 13% All Electric 2% Diesel 23% Gas 62% In 2015, the fleet introduced two Ford Focus all battery electric vehicles to its fleet, which are zero emissions, in addition to two PHEV CMAX, yielding 15% of total clean vehicle fleet. The agency needs to accelerate its deployment of zero emission vehicles to achieve its 25% by 2018 Bay Area Climate Compact goal. On a fully charged battery, the EV’s range (the distance an electric car can travel on a fully charged battery) is about 76 miles. EV’s are perfect addition to the fleet, as the majority of all trips taken by fleet pool cars, are less than 15 miles. At time of replacement, the PW department is utilizing the lifecycle cost calculator to estimate the true cost of vehicle ownership to inform procurement decisions. Sustainability staff is also working to connect PW decision makers with other key resources (e.g. grants, information) to make AFV purchases cost-effective. Staff finalized a research memo and lifecycle cost calculator to inform future fleet procurement decisions. The FY16/17 budget does not include any light-duty vehicles. With emerging alternative fuel vehicle (AFV) technology in the heavy-duty sector, it is not likely that staff will expand its AFV % this year. 2. Fleet Management - The agency is also evaluating opportunities to right-size the fleet and vehicle types based upon departmental and staff requirements which may further reduce pool vehicle size (currently only three vehicles). Staff is also evaluating new Recreation and Community Service reservation software for fleet use to identify capacity and shared-use opportunities for dedicated vehicles that could be more readily programed available for broader staff use. 3. Training - The Fleet Supervisor and Lead mechanic are trained to service hybrid electric vehicles. Any new shop team members will be invited to future hybrid, PHEV, electric training opportunities, likely at De Anza College, in partnership with DOE-funded Breathe California. 4. Outreach & Encouragement - Staff is working to build informational and motivational materials for employees regarding the City’s bike fleet, available for work and personal trips. Messaging within the new Pool Vehicle Policy and at time of vehicle checkout is also being employed to encourage staff to choose a bike if it is
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appropriate for the trip they are taking. Staff is working on updating the internal intranet website so city employees will more easily have access to the information.
MEASURE M-VF-2 Increase Alternative Fuel Infrastructure
Goal: Increase availability of alternative refueling infrastructure to support municipal fleet transition.
Co-Benefits
Tracking
Mechanism
Track installation of alternative vehicle refueling infrastructure as compared to vehicle fleet composition targets.
Progress
Indicators Assumes 10 dual-port electric vehicle charging stations installed
Near-Term Measure Implementation Status A. Install Electric Vehicle Charging Stations
Ongoing
Develop City-owned EV Charging Station Procedure to ensure proper finance, training, maintenance, and reporting functions are established for effective staff oversight; Develop Alternative Vehicle Fueling Infrastructure (AVFI) standards and plan to define prospective locations and siting criteria (e.g., design guidelines, standard drawings, specifications) to facilitate on-street and off-street applications ; Install additional electric vehicle charging stations for municipal fleet use; as share of electric vehicles in fleet increases, ensure adequate access to charging stations for municipal vehicles through additional installations or controlled access Install portion of electric vehicle charging stations in areas accessible to community members, such as Civic Center parking lots; consider new electricity load created from EV charging stations during building design phase of Civic Center Master Plan to provide opportunities to offset this increased load through additional installation of rooftop PV systems
Implementation Update: This measure was written in the CAP as a medium and long-term measures, so implementation is anticipated after 2020. The number of dual port electric charging stations installed by the City as of 2015, and are available to the public, include: 1 dual –port station on Rodriguez Ave (public – grant funded) 2 dual-port stations in Library parking lot (public – grant funded) 1 dual-port station at Service Center (private – purchased by the City) 2 dual port stations at Quinlan Community Center (public – grant funded)
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The first charging station on Rodriguez Ave was installed March 2012. In 2015, the City of installed two new ChargePoint Level 2 electric vehicle (EV) charging stations next to the Cupertino Library and two new ChargePoint Level 2 EV charging stations within the Quinlan Community Center Parking Lot, all of which became fully operational in December 2015. The stations have been installed and will be maintained as part of a wider effort known as the Bay Area Charge Ahead Project, a grant program funded by the California Energy Commission. All stations managed by the City allow free City vehicle fleet charging, to ease use for all employees. Additionally, as a partner on the Driving to Net Zero regional Sustainable Community Planning Grant received by the County of Santa Clara Office of Sustainability from the Strategic Growth Council, the City will be provided with resources for increased electric vehicle charging infrastructure and receive technical assistance to develop an implementation platform that includes a feasibility study, siting plan, permitting and regulatory standards, training, education and outreach. The project had its kickoff meeting in the beginning of 2016 and staff will be actively participating in the project to ensure its results align with the needs of the City.
MEASURE M-VF-3 Promote Behavior/Fuel Optimization
Goal: Encourage and promote fuel-efficient driving.
Co-Benefits
Tracking
Mechanism
Track fuel savings in vehicles equipped with telematics hardware and/or route optimization practices.
Progress
Indicators
Assumes 10% fuel savings over 2010 baseline for all passenger and light-duty trucks (i.e., 2,100 gallons of gasoline saved per year); assumes full implementation of Measure VF-1, Action A assumptions
Implementation Update: This measure is to be implemented in the mid or long-term. Currently the Building department is using route optimization for inspections and the city continues to implement the anti-idling policy within the Vehicle Use Policy.
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REDUCE SOLID WASTE
MEASURE M-SW-1 Waste Reduction
Goal: Reduce municipal waste through procurement policies, waste diversion goals, and waste stream monitoring and analysis.
Co-Benefits
Tracking
Mechanism
Track reductions in municipal solid waste disposal by waste category.
Progress
Indicators
Assumes 80% reduction in organic waste (e.g., food scraps and compostable paper, landscape debris/trimmings, scrap lumber, paper/cardboard) from 2010 baseline; emissions reductions are shown next to actions that address specific organic waste sources (i.e., M-SW-1 B, M-SW-2 A, M-SW-3 A). Assumes 80% diversion of municipal office paper over 2010 baseline levels
Near-Term Measure Implementation Status A. Conduct Waste Characterization Audits and Track Materials/Diversion
In Progress
Continue to perform waste audits at various City facilities to; determine type / quantity of waste being produced; measure effectiveness of existing waste diversion practices; identify opportunities for new waste diversion practices; establish baseline data for measuring progress towards waste reduction and diversion goals using CalRecycle data or EPA ReTrac Tool; Establish regular waste audit cycle to track implementation of various waste reduction practices
Implementation Update: Cupertino was one of the first cities to pilot paperless agenda. The Agency’s current Environmental Purchasing Policy, revised in 2015, outlines guidelines on office paper reduction. Staff is researching ways to implement this measure and track progress. Ideas include reducing the source at time of procurement (buy less paper) and reducing the amount of paper used (use paper with one side printed as scrap paper, or print less). Council will be updated as this measure progresses.
MEASURE M-SW-2 Food Scrap and Compostable Paper Diversion
Goal: Continue to divert food scraps and compostable paper from municipal waste stream.
Co-Benefits
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Tracking
Mechanism
Track diversion of food scrap and compostable paper diversion of municipal waste stream
Progress
Indicators
Assumes 90% diversion of municipal food waste and plant waste over 2010 baseline levels
Near-Term Measure Implementation Status A. Expand Municipal Collection and Composting Program In Progress Continue implementation of food scrap / compostable paper collection program at municipal buildings
Implementation Update: Compost bins to collect food waste are available in all city facilities and a growing number of city parks for employee and public use. Staff is working on a method of tracking municipal food waste diversion or conducting food waste audits in coordination with Recology.
MEASURE M-SW-3 Construction and Demolition Waste Diversion
Goal: Enhance construction and demolition waste diversion rates for municipal projects.
Co-Benefits
Tracking
Mechanism
Track diversion of construction and demolition waste for municipal projects.
Progress
Indicators
Assumes City continues to achieve 60% diversion of construction and demolition waste from municipal projects
Implementation Update: All municipal projects use Recology, wherein all Construction & Demolition (C&D) materials are sorted and all recyclable materials are recycled, on average resulting in 75-90% diversion.
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CONCLUSION This document both chronicles and showcases the laudable actions taken by the City and its community partners to abate climate impacts through demonstrable emissions reductions efforts deployed since the Climate Action Plan was adopted in January 2015. Below is summary of key accomplishments that can be quantified to date:
Summary of Metrics Across All Measures
Community Measures
# Measure Name Metric
C-E-1 Energy Use & Data Analysis Reduction in Community-wide Electricity Use from 2010 baseline 635,755,123 kWh Reduction in Community-wide Natural Gas Use from 2010 baseline 2,306,969 therms
C-E-2 Retrofit Financing- PACE
Single and Multi-Family Retrofit Program ( 2013-2015) Energy Savings 8,474 kWh 2,620 therms
Commercial Retrofit Program ( 2014-2015) Energy Savings 945,943 kWh
C-E-3 Home and Commercial Building Retrofit Outreach
GreenBiz Program Savings ( 2010-2015) 39 businesses 2,668,797 kWh electricity 8,205,700 gallons water 10,813,328 lbs solid waste
C-E-5 Community-Wide Solar Photovoltaic Development Solar PV systems installed ( 2010-2014) 5.5 MW Solar PV systems installed ( 2015) 811.36 kW
C-T-7 Community-wide Alternative Fuel Vehicles # of electric vehicles owned by residents (2010-2015) Estimate 1,692-2,193 EV’s # charging stations installed ( home and public) 154 charging stations
C-W-1 SB-X7-7 Water Reduction
Landscape rebate program ( 2010-2015) 135 rebates 170,835 sq. ft. Water savings: 3,136,170 gallons
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Community Measures
C-SW-2 Food Scrap and Compostable Paper Diversion Commercial Participation rate in organics collection ( 2015) 18% % of compost in total tons collected (2015) 27%
C-SW-3 Construction & Demolition Waste Diversion
Program Diversion of construction and demolition materials average 75%-90% diversion
C-G-1 Urban Forest Program Number of trees planted (2010-2015) 1,263 trees planted
Municipal Measures
# Measure Name Status
M-F-1 Sustainable Energy Portfolio Reduction in Municipal Electricity Use from 2010 baseline 1,523,104 kWh Reduction in Municipal Natural Gas Use from 2010 baseline 14,700 therms
M-F-2 Renewable/Low Carbon Electricity Generation Generation of Solar PV since installation at Service Center (Dec. 2014) 163,661 kWh
M-F-4 Grow Existing Building Energy Retrofit Efforts Reduction in Municipal Electricity Use for Building Retrofits from 2010 baseline 96,781 kWh
M-F-6 Complete Citywide Public Realm Lighting
Efficiency Estimated Reduction in Municipal Electricity Use for Public Lighting from 2010 baseline 104,751 kWh
M-F-7 Conserve Water Through Efficient Landscaping % below 2008 baseline as of 2015 30%
M-VF-1 Low Emission and Alt Fuel Vehicles Make up of Fleet Vehicles ( 2015) Hybrid- 13%, All Electric- 2%, Diesel- 23%, Gas- 62%
M-VF-2 Alternative Fuel Infrastructure
EV Chargers installed by City 5 dual-port public stations 1 dual port private station for City fleet Of note, while the City does not yet have quantifiable data for Measure C-E-7, Community Choice Energy Option (CCE), this measure deserves special recognition as it was successfully accomplished with the creation of the Silicon Valley Community Choice Energy
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Authority (SVCEA) on April 13th, 2016, years in advance of this CAP target. Cupertino was the first City to take action to join and form SVCEA, and was a leader in its development along with the cities of Sunnyvale, Mountain View and the County of Santa Clara. The potential of a local CCE on the reduction of greenhouse gas emission in the electricity sector is promising. Staff will continue to monitor its progress, and development as SVCE brings new options for renewable energy to Cupertino residents and businesses in the spring of 2017. Despite the progress noted in this Report, CAP objectives are ambitious and many measures remain outstanding. Over the coming year, the City will continue to develop its institutional knowledge in the area of emissions generation sources, reduction opportunities and emissions inventories. Additionally, over time, data collection, monitoring and tracking methods will continue to improve. As data continues to be collected, trends will be evaluated to gauge the agency’s relative progress towards achieving its adopted goals and GHG reduction targets to determine new opportunities to pivot, shift or realign measures as needed to advance communitywide and municipal goals. This report is just the beginning of a long journey towards reducing emissions sources in the community and making Cupertino a more attractive place to live by lowering energy and water bills through conservation, improving cyclist and pedestrian safety, addressing traffic concerns, improving local air quality and improving the overall quality of life for all.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1629 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:4/11/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives
Receive presentation on Route 85 Corridor Mass Transit Alternatives Study
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 19, 2016
Subject
Conceptual Study for Route 85 Corridor Mass Transit Alternatives
Recommended Action
Receive presentation on Route 85 Corridor Mass Transit Alternatives Study
Background
On March 1, 2016, the City Council authorized the City Manager to negotiate and
execute an agreement with a consultant to complete a conceptual alternatives study for
the State Route 85 Corridor, between State Route 87 and Highway 101 in Mountain
View. WSP Parsons Brinckerhoff, based on their extensive world-wide experience in
mass transit and highway planning and design, was hired to provide this study.
The Santa Clara County Valley Transportation Authority (VTA) is actively discussing
the possibility of placing a countywide transportation sales tax measure on the
November 2016 ballot. This tax measure would be focused on enhancing public
transportation systems such as BART and Caltrain, improving pavement maintenance,
highways, and expressways, and improving active transportation alternatives for
bicyclists and pedestrians.
Recently, through the advocacy of a coalition of West Valley and North County cities,
there is an element of the tax measure being discussed that is titled, “West Valley/North
County Transit.” Additionally, the City Council had, in July 2015, adopted Resolution
No. 15-077, “Implementation of long-term mass transit solutions to serve major
employment centers along and near the highway 85 corridor”. Subsequently, the VTA
established a State Route (SR) 85 Corridor Policy Advisory Board to ensure the
stakeholder cities in the SR 85 corridor are involved in the development of existing and
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potential transportation capital projects along the corridor and have the opportunity to
provide input and recommendations to the VTA Board of Directors.
Discussion
In order to provide the City Council with more detailed, but still very conceptual
studies of alternatives and cost estimates, WSP Parsons Brinckerhoff was engaged based
on their extensive mass transit and highway planning and design experience. The
alternatives to be studied range from a light rail system, a conversion of the existing
HOV lane to an express lane with a widening for a bus-only, or BRT lane, and possibly
other combinations. This study is intended to provide information to inform
negotiations on what may be included in the transportation tax measure in November.
WSP Parsons Brinckerhoff will provide a presentation at this Council meeting and a
hardcopy of the presentation will be provided on the dais.
Fiscal Impact
None.
Sustainability Impact
Any future projects that enhance non-vehicular transportation modes or reduce
congestion will have positive effects on greenhouse gas emissions.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1372 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:1/14/2016 City Council
On agenda:Final action:4/19/2016
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council4/19/20161
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 4/15/2016Page 1 of 1
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