05-03-2016 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, May 3, 2016
10350 Torre Avenue, Community Hall Council Chamber
CITY COUNCIL
6:45 PM
AMENDED
Amended on 4/28 to add and correct numbering of exhibits on Item #10
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Proclamation honoring Maya Varma, winner of the First Place Medal of
Distinction in the 2016 Intel Science Talent Search competition
Recommended Action: Present proclamation
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
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.
2.Subject: Approve the April 19 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
3.Subject: Addition of the part-time staff classification of Park Ranger within the
Recreation and Community Services Department.
Page 1 CITY OF CUPERTINO
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May 3, 2016City Council AGENDA
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
C - Salary Survey Results
4.Subject: 2016/2017 City Council Work Program
Recommended Action: Approve the 2016/2017 City Council Work Program
Staff Report
A - 2016-2017 Work Program
5.Subject: State Assembly Bill 2502 (Mullin & Chiu): Land Use - Zoning
Regulations
Recommended Action: Adopt a position of support on Assembly Bill 2502 (Mullin
& Chiu): Land Use - Zoning Regulations and authorize the Mayor to send letters in
support of this bill.
Staff Report
A - Fact Sheet
6.Subject: First Amendment to the Agreement for Countywide Household
Hazardous Waste (HHW) Collection Program
Recommended Action: Adopt Resolution No. 16-041, authorizing the City Manager
to execute the First Amendment to the Agreement for Countywide Household
Hazardous Waste Collection Program
Staff Report
A - Draft Resolution
B - First Amendment to Countywide HHW Agreement
7.Subject: Authorization for Submittal of Application for CalRecycle Payment
Programs and related authorizations
Recommended Action: Adopt Resolution No. 16-042, authorizing submittal of
applications for CalRecycle’s Payment Programs
Staff Report
A - Draft Resolution
SECOND READING OF ORDINANCES
8.Subject: Second reading of 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.
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May 3, 2016City Council AGENDA
Recommended Action: Conduct the second reading and enact 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
PUBLIC HEARINGS
9.Subject: Annual review of the City's Non-Point Source Control and Stormwater
Management Program (flood control and creek pollution prevention) and
approval to renew the collection of existing storm drain fees at no increase in
rates for fiscal year 2016-2017
Recommended Action: Consider all objections or protests and adopt Resolution No.
16-043 for approval and renewal of the collection of existing storm drain fees at no
increase in rates for fiscal year 2016-2017
Staff Report
A - Draft Resolution including Engineer's Report
ORDINANCES AND ACTION ITEMS
10.Subject: Proposed Initiative submitted by Ruby Elbogen, Reed Sparks, and
William Hausman regarding the North De Anza Gateway (Cupertino Inn and
Goodyear Tire sites) (“North De Anza Gateway Initiative”) and preparation of a
9212 Report.
Recommended Action: Adopt Resolution No. 16-044 directing City staff to prepare
a report on the effects of the North De Anza Gateway Initiative pursuant to Elections
Code Section 9212 and appropriate $135,000.00 for such purpose.
Staff Report
A - Proposed Initiative
B - Draft Resolution Ordering Preparation of an Elections Code Section 9212 Report
11.Subject: Consideration of an amendment to the deadlines the City Council
established for ballot arguments and the City Attorney’s impartial analysis for an
initiative measure to appear on the ballot for the November 8, 2016 election, and
amend City Council Resolution No. 16-029 to reflect the amended deadlines.
Recommended Action: Adopt the Resolution No. 16-045 amending Resolution No.
16-029 to set the date of August 15, 2016 for primary ballot arguments and August
22, 2016 for rebuttal arguments and impartial analyses for all measures that the City
Council places on the ballot for the November 2016 election in order to establish a
uniform deadline for all measures that the City Council places on the ballot for the
November 8, 2016 election.
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May 3, 2016City Council AGENDA
Staff Report
A - Draft Resolution
REPORTS BY COUNCIL AND STAFF
12.Subject: Annual Report on the Pavement Management Program
Recommended Action: Receive the report. No action is required.
Staff Report
A - MTC 2015 Regional Pavement Condition Summary Report
B - Street-by-street listing of improvements to be completed by the 2016 Pavement Management Project
C - Street-by-street listing of improvements completed by the FY15/16 Pavement Management Projects
13.Subject: Construction Project Updates
Recommended Action: Receive Updates
14.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 4 CITY OF CUPERTINO
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May 3, 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 5 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1630 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:4/11/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Proclamation honoring Maya Varma, winner of the First Place Medal of Distinction in the
2016 Intel Science Talent Search competition
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council5/3/20161
Subject: Proclamation honoring Maya Varma,winner of the First Place Medal of Distinction in
the 2016 Intel Science Talent Search competition
Present proclamation
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1320 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/7/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Approve the April 19 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council5/3/20161
Subject: Approve the April 19 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 19, 2016
REGULAR CITY COUNCIL MEETING
ROLL CALL
At 6:00 p.m. Mayor Barry Chang called the Regular City Council meeting to order in
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino
Community Hall Council Chamber, 10350 Torre Avenue.
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 (one case.)
Mayor Chang announced that Council gave direction to the City Attorney to transmit
by letter to Mr. Shingai its decision not to cure and correct and explain why his
demand does not state a violation of the Brown Act.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Barry Chang reconvened the Regular City Council meeting 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.
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City Council Minutes April 19, 2016
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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
Written communications for this item included a staff PowerPoint presentation.
Environmental Programs Assistant Lauren Dickinson reviewed the Cupertino Green
Business program via a PowerPoint presentation.
Mayor Chang presented the proclamations to:
Certified Green Businesses
o Silicon Valley Association of Realtors
o De Anza College
o Erik’s DeliCafé
Rethink Disposable Restaurants
o Erik’s DeliCafé
o J&J Hawaiian BBQ
o J.S. Stewhouse
o Pebbles Deli Café
2. Subject: Recognize student artists participating in the Citywide "Energized by Art"
utility box art pilot project
Recommended Action: Present proclamations
Written communications for this item included a staff PowerPoint presentation.
Assistant to the City Manager Erin Cooke reviewed the program via a PowerPoint
presentation.
Mayor Chang presented the proclamations to:
o Hannah Liaw, Grades K-2 winner
o Taryn Chong, Grades 3-5 winner
o Deelia Wang, Grades 6-8 winner
o Yamian Huang, Grades 9-12 winner
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City Council Minutes April 19, 2016
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3. Subject: 2016 Arbor Day Proclamation
Recommended Action: Present proclamation
Director of Public Works Timm Borden reviewed the staff report.
Mayor Chang presented the proclamation to Mr. Borden.
POSTPONEMENTS
Wong moved and Sinks seconded to postpone item number 12 to May 3. The motion carried
unanimously.
ORAL COMMUNICATIONS
Cathy Helgerson talked about the Cupertino Citizens’ Sensible Growth Initiative (CCSGI).
Cinny Zhuang talked about the CCSGI 9212 report.
Sarah Ku talked about support for Mayor Chang and the CCSGI.
Kevin McClelland on behalf of the Cupertino Chamber of Commerce talked about the CCSGI
and support for Mayor Chang.
Ignatius Ding talked about the CCSGI and Notice of Intent to recall Mayor Chang. He
distributed written comments.
Liang Chao talked about the CCSGI. She distributed written comments.
Brooke Ezzat talked about free speech in Cupertino.
Jerry Sheahan talked about the Brown Act.
Steve Scharf talked about the CCSGI.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented
with the exception of item numbers 5, 9, 10, and 13 which were pulled for discussion and item
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City Council Minutes April 19, 2016
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number 12 which was postponed to May 3. Ayes: Chang, Vaidhyanathan, Paul, Sinks and
Wong. Noes: None. Abstain: None. Absent: None.
4. Subject: Approve the March 31 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve the April 5 City Council minutes
Recommended Action: Approve the minutes
Written communications for this item included an email to Council and corrected
minutes for closed session.
Randy Shingai talked about the closed session actions.
Wong moved and Paul seconded to approve the April 5 City Council minutes with the
amendment to switch the Special Meeting closed session items so that item number 1 is
first and then item number 1a and include the corrected actions as noted on the desk
item. The motion carried unanimously.
6. Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting)
Recommended Action: Approve the 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
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
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
Brooke Ezzat talked about Accounts Payable.
Wong moved and Sinks seconded to adopt Resolution No. 16-035 accepting Accounts
Payable for the period ending March 18, 2016. The motion carried unanimously.
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City Council Minutes April 19, 2016
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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
Brooke Ezzat talked about Accounts Payable.
Wong moved and Sinks seconded to adopt Resolution No. 16-036 accepting Accounts
Payable for the period ending March 25, 2016. The motion carried unanimously.
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
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
Under Postponements, this item was postponed to May 3.
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
The recommended action was amended to note “consider” rather than “accept.” Wong
moved and Sinks seconded to consider proposed Planning Commission Work Program
additions and revisions for Fiscal Year 2016-2017. The motion carried unanimously.
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
SECOND READING OF ORDINANCES - None
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City Council Minutes April 19, 2016
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PUBLIC HEARINGS
15. 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
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
Written communications for this item included a staff PowerPoint presentation.
Senior Planner CJ Valenzuela reviewed the staff report via a PowerPoint presentation.
Staff and Jan Lindenthal, Vice President of Real Estate Development from MidPen
Housing Corporation answered questions from Council.
Sujatha Venkatraman from West Valley Community Services talked about Below
Market Rate (BMR) units.
Michele Schroeder from Senior Adults Legal Assistance (SALA) talked about funding.
Ann Marquart from Project Sentinel talked about funding.
Wong moved and Sinks seconded to 1. Adopt Resolution No. 16-038 approving the
2016-17 CDBG Annual Action Plan and; 2. Adopt 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. The motion
carried unanimously.
Council also gave direction to staff to bring back at a future Council meeting support of
AB 2502 (Mullin and Chiu) in addition to an item regarding discussing funding for
people who are being displaced by future developments.
Council recessed from 8:27 p.m. to 8:32 p.m.
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
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City Council Minutes April 19, 2016
7
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
Written communications for this item included a letter to Council, a staff PowerPoint
presentation and plan sets.
Assistant Planner Ellen Yau reviewed the staff report via a PowerPoint presentation.
Appellant Jan Kucera Jr. talked about his appeal.
Appellants Matthew and Angela Miller talked about their appeal.
Applicants George Wang and Yi Ning Lu (Kingkay Capital, LLC) talked about their
project.
The following individuals spoke on this item:
Cathy Helgerson (opposed to project)
Mike Wang (in favor of project)
Pei Zhou (opposed to project)
Jennifer Griffin (opposed to project)
Lisa Warren (opposed to project)
Jing Quan, project architect (in favor of project)
Staff, appellants and applicants answered questions from Council.
Wong moved and Chang seconded to adopt Resolution No. 16-040 to deny the appeal
and uphold the Planning Commission's decision per PC Resolution No(s) 6798 and
6799. The motion carried with Paul abstaining.
ORDINANCES AND ACTION ITEMS
17. 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
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City Council Minutes April 19, 2016
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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”
Director of Public Works Timm Borden reviewed the staff report.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Savita seconded to read Ordinance No. 16-2143 by title only and that
the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
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
Sinks moved and Paul seconded to cancel the second meeting in July and the second
meeting in August. The motion carried with Chang voting no.
REPORTS BY COUNCIL AND STAFF
19. Subject: Climate Action Plan Annual Progress Update
Recommended Action: Receive presentation and review Progress Report
Written communications for this item included a staff PowerPoint presentation.
Assistant to the City Manager Erin Cooke and Sustainability Coordinator Misty
Mersich gave an update on the Climate Action Plan (CAP) via a PowerPoint
presentation.
Council received the 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
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City Council Minutes April 19, 2016
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Written communications for this item included staff and consultant PowerPoint
presentations.
Director of Public Works Timm Borden and Sharmila Mukherjee, Senior Planning
Manager with WSP Parsons Brinckerhoff presented the Conceptual Study for Route 85
Corridor Mass Transit Alternatives via a PowerPoint presentation.
Jennifer Griffin spoke on this item.
Council received the presentation.
21. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various
community events.
Two Councilmembers added a Council agenda item to May 3 or 17 to discuss a
possible regional approach regarding the implementation of minimum wage in
January, 2017.
ADJOURNMENT
At 12:45 a.m. on Wednesday, April 20, 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.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1658 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/21/2016 City Council
On agenda:Final action:5/3/2016
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
C - Salary Survey Results
Action ByDate Action ResultVer.
City Council5/3/20161
Subject:Additionofthepart-timestaffclassificationofParkRangerwithintheRecreationand
Community Services Department.
AdoptResolutionNo.16-037authorizingtheCityManagertoaddanewpart-timestaff
classificationofParkRanger,whichwouldoperateintheStevensCreekCorridorandbe
overseen by the Recreation and Community Services Department.
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
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RECREATION AND COMMUNITY SERVICES
DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 3, 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
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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 $12,000. A
salary survey with 15 neighboring cities was conducted to determine the hourly pay rate.
Current contract agreement for CLM: $100,000
Park Ranger staffing costs budgeted for 2016/17: $88,000
Estimated annual savings: $12,000
Classification Hourly Steps
Park Ranger $27.60;$28.98;$30.43;$31.95;$33.55
___________________________________
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 Job Description- Stevens Creek Corridor
B-Draft Resolution
C- Salary Survey
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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.
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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
21
\\10.176.2.252\granicus_nas\insite\files\cupe\attachments\2af5a774-194e-4d5c-ac7e-f652a1ede15e.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 3rd day of May 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
22
City Position Title Pay Range Top Step PT/FT
Los Gatos Park Services Officer $29.45 to $37.60 $37.60 Both
Palo Alto Park Ranger $28.35 - $34.81 $34.81 FT
San Jose Park Ranger $26.55 to $32.29 $32.29 Both
San Mateo Park Ranger $26.88 to $32.03 $32.03 PT
Campbell No Comp
Gilroy No Comp
Los Altos No Comp
Menlo Park No Comp
Milpitas No Comp
Morgan Hill No Comp
Mountain View No Comp
Redwood City No Comp
Santa Clara No Comp
Saratoga No Comp
Sunnyvale No Comp
Median Top Step: $33.55
Park Ranger Salary Survey
23
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1602 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/31/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: 2016/2017 City Council Work Program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - 2016-2017 Work Program
Action ByDate Action ResultVer.
City Council5/3/20161
Subject: 2016/2017 City Council Work Program
Approve the 2016/2017 City Council Work Program
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
powered by Legistar™24
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 3, 2016
Subject
2016/2017 City Council Work Program
Recommended Action
Approve the 2016/2017 City Council Work Program.
Discussion
At the March 15, 2016 study session, Council reviewed and requested changes
to the 2016/2017 Work Program. Staff has incorporated the following item as
directed by Council:
Add the Council’s recommendation to update the current Municipal Code
to allow urban bee-keeping.
Several other requests made by Council are addressed below and will be discussed:
Audit City’s telecommunications expenditures to reduce them as much as
possible.
• Telecommunications expenditures are primarily made through
Information Services and Public Works. These departments have
begun an audit of services along with collecting contractual
agreements. Next step is to reconcile this data against business need
and most effective/efficient solution. This project is tentatively
scheduled to be complete in early FY17.
Have staff look into additional building code software (that can do
preliminary plan checks to meet building code) for future possibilities.
• According to staff, OpenCounter would not apply to the Building
Department. OpenCounter builds tools to help cities support local
economic development. It offers two products: a “one-stop-shop”
for business permitting, and ZoningCheck, a lightweight tool for
zoning clearance queries.
• OpenCounter is geared toward small businesses and helps
entrepreneurs navigate through the business registration process.
Through a question and answer session, applicants can see the
requirements, fees, and processing time that apply to their planned
use and location.
25
• ‘ZoningCheck’ translates the language of the planning code into a
format that citizens can easily understand. By calculating zoning
clearances in a matter of seconds – instead of days – ZoningCheck
helps entrepreneurs explore their options so they can find the
perfect home for their next company.
• This application is more of an Economic Development tool.
• They advertise a few jurisdictions including the City of Fremont,
Town of Los Gatos, City of Salinas, Scotts Valley, Seaside, etc. We
will reach out to some of these cities to get further insight on the
benefits of the system.
Include information regarding small business development when Economic
Development Strategic Plan comes back to Council.
• Direction was given to the City’s consultant to provide this focus in
the draft EDSP.
• Draft Plan expected prior to FY 2016/17.
Incorporate information regarding residents’ rights to solar installation with
material already being provided.
• City Attorney’s office is preparing a memo on this topic.
Discuss finding a system for capturing emails for Public Records Act
requests with new Chief Technology Officer (CTO)
• IT has had discussions with City Clerk on requirements and is
currently reviewing options. Solution will be implemented in FY17.
Parks Master Plan updates including timeline will be included in weekly
Items during the period of the project.
• The information on the website is currently being updated by staff,
and a design/graphics vendor has been selected for creating a newly
designed website. Staff has already met with the selected vendor
who is currently preparing a proposal.
Identify location for a regulation cricket pitch and batting cage.
• This information will be included as an item in the Parks Master
Plan process.
Ask Teen Commission to look into ideas for how to communicate better
with residents including social media and find out what other cities are
doing
• This project will be included in the Teen Commission Work
Program in the next fiscal year.
Bring back discussion in November regarding idea of paving part of Library
field
Prepared by: Toni Oasay-Anderson
Reviewed by: Jacqueline Guzman, Assistant to the City Manager
Approved for Submission by: David Brandt, City Manager
26
Attachments:
A - 2016/2017 Work Program
27
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 1
1) Pursue legislation to correct our
TEA/ERAF inequity allocations.
Completed. Members of the TEA Working
Group worked with Senator Beall's staff to
lobby CA Director of Finance, Micheal Cohen.
As a result, a fix to the TEA property tax
inequity issue was included in the FY15-16
Budget Trailer Bill.
TEA-related property tax will be phased in over the
course of five years and is expected to bring an
additional $1.4 million annually when fully
implemented.
2) Prepare comprehensive Development
Services fee study.
Fee Study is complete and is scheduled to go
to Audit Committee on March 21st
Fees to be comprehensively reviewed every 5-7 years.
Last review in 2007.
1) Explore and develop new
on-line/mobile applications to better
inform and engage the public on civic
issues.
Project specifications for in-house
development of Mobile City Hall developed
and deployment complete.
Mobile 95014 for IOS & Android are complete and
available on Googleplay and the App store.
a. Generalized City mobile portal similar
to Rancho Cucamonga's RC2GO.
b. On-line Interactive Budget Not funded so it has been removed from work plan.
2) Develop a strategy for improving
cell phone coverage (with PW).
The Civic Center Tower installation has been
approved by Council.
Verizon application and lease approved in 2015.
Installation expected in 2016.
CITY MANAGER’S OFFICE
PUBLIC AFFAIRS
28
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 2
3) Extend fiber to the Service Center. The Service Center is one of the last
remaining city facilities not interconnected by
fiber optics.
Project was included in Mary Ave. streetscape project
which was rejected by City Council. A separate request
will be included in the FY 16/17 CIP.
4) Implement Virtual Desktop or Virtual
Private Network software. (VDI)
Server, application and network
infrastructure to support virtualization have
been installed. Desktop replacement modules
have been delivered to the city.
Have implemented phase 2 of VDI, including
installation of 140 virtual desktops for city
employees and councilmembers. Currently
evaluating effectiveness of program.
5) Implement a new Technology Plan.Use Technology Working Group and TICC for
project and strategy review. Cloud-based
email solution identified. IT Assessment
report completed.
Priorities identified for new Chief Technology Officer.
6) Implement a new agenda management
system (Granicus Legistar) and
Legislative Body webpage (InSite).
Project went live on 2/15.Project Complete
7) Enhance GIS data resources and
information access for employees and
community.
Replacing MapGuide (internal City-wide
mapping application) and public Property
Information application with Magnet.
Expanding Cupertino’s GIS-centric asset
management system to include the Parks
Grounds Division and Traffic Signals group.
Currently refining datamodels and building
asset inventories for these groups. Developing
GIS Strategic Plan RFP.
Test and work with Magnet CSI team on internal and
external mapping applications. Implement and train
Grounds and Traffic Signal Divisions on Cityworks.
Post and Evaluate RFP proposals.
29
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 3
8) Enhance Community Engagement
through social media tools.
Through the use of differing social platforms,
the City is not only able to disseminate
information more effectively, but also respond
to customer inquiries at a more rapid pace.
This space is continuing to expand through
the use of paid advertising to broaden our
reach to not only members within the
community, but outside as well.
In order to further our success we are going to continue
to enhance interdepartmental coordination and
participation. We will also increase the use of social
analytics to improve communications practices.
9) Implement recommendations of the
2015 Communications Assessment.
Priorities have been identified and initial
recommendations have been implemented,
including creation of a citywide
Communication Working Group.
Create a central inventory of all communications
platforms and channels.
1) Streamline city web content for new
businesses.
Develop an integrated approach for outreach
and marketing to brokers, business owners,
and others as a center for innovation and the
heart of Silicon Valley. Also provide existing
and prospective business owners with
resources available through an easy to
navigate business website.
Will continue to assess the needs of businesses and add
helpful resources. Work with the City's Public
Affairs/Communications team to redesign the
Economic Development webpages within the Citywide
website enhancement.
2) “How to Start a Business in
Cupertino” pamphlet (in multiple
languages).
Update resource information booklet as
needed. Will be including additional
resources provided by the Cupertino library.
Ongoing.
ECONOMIC DEVELOPMENT
30
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 4
3) Seminars for new small businesses
(held in multiple languages).
Host the fourth annual Small Business
Symposium in early fall. Co-sponsor the
Chamber AABC "How to Start a Business"
seminar (presented in Chinese) in May 2016,
monthly small business workshops with the
Chamber and Cupertino Library, Silicon
Valley StartUp Cup, and host guest speakers.
Will continue to seek outreach opportunities to reach
diverse population. Looking to host business
workshops or “Lunch & Learn” sessions on a quarterly
basis in collaboration with the Cupertino Chamber of
Commerce and the Cupertino Library.
4) Outreach to local businesses,
prospective business owners, and
brokers.
Conduct site visits and meet with local
businesses to understand current business
environment, as well as provide resources
and information for business sustainability
and growth. Provide consultation meetings to
prospective business owners. Meet with retail
and commercial brokers to share information
and better understand leasing activity.
Ongoing.
5) Increased coordination with the
Chamber of Commerce.
Holding regularly scheduled bi-weekly
City-Chamber staff meetings have been
effective in discussing upcoming issues, as
well as identifying ways in which to
collaborate.
Will continue to meet with Chamber staff and board to
strengthen working relationships and co-sponsor
events.
31
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 5
6) Launch a “Shop Local” campaign.“Shop Cupertino” message is printed on
City’s reusable bags and ordinance signage. A
formal campaign plan is under development.
Promote local businesses through “Eats
95014” dining guide app and. ”Cupertino-At-
A-Glance” website.
Draft a comprehensive campaign as part of the
Economic Development Strategic Plan.
7) Enhance business access to city
services including GreenBiz and
emergency preparedness.
GreenBiz and emergency preparedness
information for businesses have been
included in the “How to Start a Business in
Cupertino” booklet. Program pamphlets are
also regularly distributed at events and
meetings with businesses. Economic
Development newsletter (BizBuzz) continues
to feature a certified GreenBiz, as well as
promote trainings and events.
Ongoing.
8) Work with consultants to finalize and
present to City Council an Economic
Development Strategic Plan (EDSP) for
Cupertino.
Staff is working with consultants on potential
strategies and action items. Draft EDSP
planned for City Council review in the
summer.
Complete plan, working with Economic Development
Committee and Chamber.
9) Explore the viability of establishing a
small business development center
within the City of Cupertino.
This is a potential action item in the EDSP as a
means to retain and grow small and midsize
businesses.
Possible details and action items to be included in the
finalized EDSP.
32
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 6
1) Budget for and Implement the City’s
Climate Action Plan (CAP).
Staff are preparing the following for Council
review as part of the FY16/17 proposed
budget:
• CAP measure implementation progress
tracking procedure and process that is simple
and streamlines data collection and reporting
of CAP measures.
• Annual metrics and report to Sustainability
Commission and City Council.
• CEQA checklist to determine future project
consistency with the CAP for all departments
to use for public and private projects;
• Community and municipal operations
Greenhouse Gas (GHG) inventory using 2015
data, and analyze progress towards reduction
goal of reducing GHG 15% below 2010
baseline by 2020
On Tuesday, January 20, 2015 Cupertino City Council
unanimously adopted Cupertino’s first Climate Action
Plan. CAP Implementation will follow the timeline and
framework provided in Appendix C of the document.
Near-term (2020) measures are outlined in this year’s
work program below (identified as CAP - Measure
Category - #).
SUSTAINABILITY DIVISION
33
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 7
2) Launch and participate in a regional
Community Choice Energy Program
(CAP Measure C-E-7).
As directed by the Climate Action Plan, the
City engaged in a process and cost-sharing
agreement with the cities of Sunnyvale and
Mountain View, along with Santa Clara
County, to initiate a feasibility and technical
study to learn the costs and benefits of
pursuing this type of energy procurement
model for our community. Results are
favorable and Council elected to move
forward in participating in the Silicon Valley
Clean Energy Authority (launching April
2016).
Staff anticipates providing the following services to the
Authority through October 2016: executive recruitment
and human resources, community outreach and
engagement, contracting and administration (as
needed). All staff services will be fully refundable to
the City via a services agreement/contract utilizing
funds provided by all agencies participating in the
Authority.
3) Redesign GreenBiz and residential
energy efficiency and water conservation
programs to reflect current industry best
practices (i.e. behavior change,
sustainability and resilience activities)
and achieve CAP objectives (CAP
Measure C-E-1, 2, 3).
The City is working to evaluate its current
residential energy efficiency and water
conservation programs and will develop a
proposal that will remodel these services to
take advantage of current rebates and
financing options, regional partnerships, and
new hardware and software applications.
GreenBiz is also undergoing redesign through
in-house staff as part of the program’s Green
Business Challenge participation.
Through neighbor-to-neighbor competitions, and
Cupertino's Do-It-Yourself (DIY) toolkit (now available
at libraries countywide!), HouseCall participation
increased to nearly 500 homes and ~ $100,000
participating household savings. Similarly, GreenBiz
enrolled ~50 small to mid-sized businesses, engaged
350+ small businesses in sustainability practices,
received three unique awards and associated grant
funding, was selected as a California League of Cities
Helen Putnam Award finalist, and was selected to host
a national Green Business Challenge.
34
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 8
4) Grow CAP-related data gathering and
analysis by fully developing the utility
costs accounting program and evaluate
associated staffing needs (CAP Measure
M-F-3).
Sustainability Division staff benchmarked
energy across municipal facilities and parks
using EPA’s Energy Star Portfolio Manager
(as required by AB1103) and separately
constructing an Access Database of all water
utility accounts.
In an effort to both confirm past utility conservation
project’s success and further gauge municipal energy
and water savings opportunities, staff are evaluating
cloud-based enterprise carbon accounting software
tools that can also serve as a CAP tracking tool. This
will allow the City to improve tracking of municipal
building energy data by developing an system to track
consumption data by facility (CAP Measure M-F-3).
5) Reinvigorate staff on workplace
environmental actions and related CAP
measures through community-based
social marketing campaigns and related
community engagement efforts.
Increase information on sustainability
activities and utilize internal online intranet
to disseminate information to staff on
commuter benefits, bike fleet, electric pool
vehicles, environmental purchasing policy,
bike lockers, and other sustainability related
programs for city staff. ( CAP Measure M-VF-
1 & 3)
Revisit green team initiative and additional
forums/tools to rally staff support and engagement to
elevate behavior change focused action across the
agency.
1) General Plan Amendment to review
land use alternatives that include options
for City-wide development allocations
(office, commercial, hotel and
residential), as well as building heights
and densities for corridors, special
centers, and seven study areas, including
the Vallco Shopping District.
Project was authorized by the City Council in
March 2013. Council adopted General Plan
except for changes related to Development
Allocation, Heights at Gateways and Nodes
and a proposed Community Benefit Program
in December 2014.
Council adopted Housing Element in May 2015.
Council adopted policy for authorizing General Plan
amendment applications in September 2015. General
Plan text amendments with community group input
adopted by Council in October 2015.
COMMUNITY DEVELOPMENT
35
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 9
Council provided direction in August 2013 to
study side setbacks and residential density for
projects.
Proposed HOC street side setback amendments to be
started in Spring/Summer 2017.
Project was on hold until Fiscal Year
2017/2018.
Method for calculating residential density was revised
as part of General Plan/Housing Element process on
December 4, 2014.
3) Consider an amendment to the
General Plan Housing Element
(2014-2022) to accommodate the most
recent ABAG RHNA allocation.
Final Housing Element adoption was completed by
May 31, 2015.
4) Review parking requirements for
various land uses in the Zoning
ordinance.
In February, the Planning Commission
recommended adding the project to the
upcoming 2014-15 work program.
Revise ordinance to conform with new laws reducing
parking requirements related to affordable housing and
projects in priority development areas and transit.
5) Update Conceptual Plans (North De
Anza and South De Anza).
Suspended pending results of citizen
initiative.
6) Implement “paperless” permit
application system.
Software under development by CSI Magnet
in consultation with Building, Planning,
Public Works and Finance.
Project Internal final live roll-out completed in January
2016. Anticipated launch date for external portal is
Summer/Fall 2016.
7)
a) Update Below Market Rate (BMR)
Housing Mitigation Procedural Manual
and Nexus Study.
Draft Nexus Study and BMR Housing.
Council adopted new BMR fees and an
updated BMR Housing Mitigation Procedural
Manual in May 2015.
2) Heart of the City Specific Plan
Amendment for clarifications to the
minimum street side setback
requirements.
36
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 10
b) Update BMR Housing Administrative
Manual.
BMR Housing Administrative Manual.
Housing Commission updated BMR Housing
Administrative Manual in September 2015.
8) Evaluate a “Teacher Housing” project
in partnership with a non-profit
developer.
Added this item as part of Strategy 10 to the
General Plan (2014-22) Housing Element as an
ongoing effort to work with school districts to
identify surplus or underutilized properties
for teachers.
Project withdrawn by applicant.
Council approved project on Oct. 15, 2013
The Main building, parking structure, Theater
and Fitness Center under construction.
Architectural and Site Approval for remaining
buildings on Phase 1 - outdoor dining
stations, reception buildings, maintenance
buildings etc. anticipated spring/summer
2016.
Occupancy for Phase 1 anticipated by Fall/Winter
2016/17.
9) Continue to work on the Parkside
Trails project on a 43-acre hillside
property to facilitate residential
development on eight acres and
dedication of a creek corridor and trail
easements over a park parcel and
adjacent off-site lands.
10) Apple Campus 2 project
37
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 11
Street Improvements at ramps at Wolfe and I-
280 and Lawrence and I-280 are due to
commence shortly and be completed by
spring 2017.
Phase 2 construction underway for one office
building, two R&D buildings and a secondary
parking structure.
Buildings for office, retail and parking garage
complete (except for large format Retail pads).
Hotel and Loft apartments under
construction.
Public Art package approved by the Fine Arts
Commission (FAC) on 2/29/2016. Further refinements to
the art package, such as proposed lighting of the art
work, to be reviewed by the FAC prior to issuance of
building permits.
12) Vallco Shopping District Specific Plan As part of the December 4, 2014 General Plan
amendment, the Council authorized the
preparation of a Specific Plan for the Vallco
Shopping District. Applicant submitted an
application in September 2015.
Preparation of Draft EIR placed on hold at applicant's
request.
11) Main Street Project
38
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 12
13) Hamptons Apartments Site selected as a Housing Priority Site in May
2015 with adoption of the Housing Element
with an additional capacity of 600 units above
the existing 342 units on site.
Applicant applied for complete
redevelopment of site with 942 units in late
May 2015
Project under review and environmental documents
under preparation. Anticipated that Planning
Commission and City Council hearings will take place
in Summer 2016.
14) Marina Plaza Mixed Use
Development
Site selected as a Housing Priority Site in May
2015 with adoption of the Housing Element.
Applicant applied for complete
redevelopment of Marina Plaza and
Mandarin Gourmet sites in September 2015
Project and environmental documents under review.
Anticipated that Planning Commission and City
Council hearings will take place in Summer 2016.
15) Implement a Young Artist Award
Program.
The Fine Arts Committee (FAC) adopted and
implemented the Young Artist Award
program in FY15/16. Artists in three age
categories received awards at the February 2,
2016 City Council meeting.
The Commissioners proposed a budget increase of $300
for the Young Artist grant award, $150 for award
plaques and $800 for outreach and display materials.
39
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 13
16) Implement General Plan Strategy LU-
1.3.1 by preparing an ordinance to codify
the Community Benefits Program.
City Council to review option of allowing the
Community Benefits Program in General Plan
in March 2015.
Instead of a Community Benefits Program in the
General Plan, the Council adopted a policy and
procedures to authorize projects that propose General
Plan Amendments in September 2015. This policy
allows consideration of Voluntary Community
Amenities proposed by applicants as part of the
authorization process.
17) Create a digital/on-line library of
current and historical planning
documents.
Will require an appropriation of part-time resources.
18) Update the current Municipal Code
to allow urban bee-keeping.
1) Update Pedestrian Transportation Plan Request funding for plan for FY2016-17 Begin study in fall of 2016.
a. Review ADA Transition Plan
provisions.
Complete
b. Develop strategy to advance sidewalk
improvements and right of way
acquisition ahead of development.
Reimbursement ordinance amended. Neighborhood
meetings expected to occur 2016.
c. Consider Safe Routes to School and
other funding sources.
On-going
PUBLIC WORKS DEPARTMENT
40
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 14
d. Complete a Sare Routes to Schools
map noting sidewalk gaps
Complete
e. Update Bicycle Transportation Plan
and include feasibility study on Class I
Bike Lanes.
Alta study is underway. Study will come to City Council in May FY 15/16
2) Implement recommendations in 2016
Bicycle Transportation Plan
Plan scheduled to be adopted by City Council
in May, 2016
Staff will be requesting funding for the FY16/17 budget
to begin bike plan implementation. Projects will likely
include a mix of near-term improvements, longer-term
studies, and educational and encouragement
campaigns.
3) Develop a Traffic Impact Fee Program
a. Issue RFP and hire Transportation
consultant
b. Develop a transportation improvement
plan
c. Establish and enact a transportation
impact fee
Funding approved via2015-16Mid-Year
Budget.
The Mobility Element of the General Plan, Policy M-
10.1 and M-10.2 direct staff to develop and implement a
citywide transportation improvement plan necessary to
accommodate vehicular, pedestrian and bicycle
transportation improvements to meet the City’s needs,
and to enact a transportation impact fee for new
development to ensure sustainable funding levels for
the Plan.
4) Extend fiber optic communications to
the City Service Center on Mary Ave.
(see also Public Affairs #3)
Public Works will submit project for
consideration in the FY16/17 CIP.
Staff will prepare plans and specifications, and bid
project once budget is approved.
41
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 15
5)Implementprograms topreserveand
enhance pavement conditionthroughout
the City.
Midyear adjustment of $7.5MandFY15/16
funding of $6Mincreasedtheoverall
pavement conditionindexof thestreet
network from 70 out of a possible 100.
Annualfunding of $6.5M is needed tomaintain current
pavement condition.Witharterial&collector streets in
very goodcondition,FY16/17 projects will focus on
residentialstreets.Timely preventativemaintenance
saves dollars in the future.Fundingof $6.5M for
FY16/17 will be requested.
6) Comply with State solid waste
diversion requirements. Implement and
enforce the State's requirements for
commercial recycling and commercial
organic waste recycling
City and service provider are exceeding the
diversion requirements of AB939. Cupertino
municipal code required businesses that
generate more than 8 cubic yards per week of
organics to recycle organic waste by
September 2015 and businesses that generate
3 cubic yards by Jan 2016, several months
ahead of the State's mandate for the same
thresholds.
Staff will begin assisting and preparing multi-family
establishments to start recycling organic waste by July
2018. Organics recycling by businesses and multi-
family sites will affect diversion amounts. Diversion is
a performance factor of the franchise agreement.
Changes to diversion requirements have the potential
to increase solid waste collection rates that are
considered and approved by Council.
7) Conduct audit of solid waste franchise
agreement.
Audit establishing baseline expenses for 2010
and 2014 has been completed.
Franchisee has submitted rate request increase for
commercial accounts. Council will consider this request
as early as April 2016.
8) Consider program elements of a new
franchise agreement to stay competitive
with current sustainability trends and
technology.
Rate audit has been completed to determine
ongoing costs of current programs and
recycled organics processing.
Conduct study of opportunities and programs that
would prevent waste and increase diversion from
landfill.
42
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 16
9) Review Fleet Management policies Public Works, Finance and Sustainability staff
coordinate all new fleet purchases. Update of
fleet use and policy development is an
ongoing process.
Evaluate City-wide fleet vehicles that may be
considered for replacement.
a. Update Managed Vehicle
Replacement Program.
Two all electric and six plug in hybrid
vehicles were added to the fleet in FY15/16.
One all electric is utilized as a City Hall pool
vehicle.
Evaluate feasibility to transfer existing vehicles within
the fleet so that purchases, if needed, are more
environmentally conscience.
i. Consider complete lifecycle costs.In Spring 2015, the Library and the Service
Center added two and four electric vehicle
charging stations, respectively.
By Spring 2015, the Service Center will have two
electric vehicle charging stations.
ii. Evaluate vehicle/equipment sharing
with other agencies.
The two year equipment sharing agreement
with the Town of Los Gatos and City of
Campbell were renewed in FY 15/16.
Similar opportunities may exist with other West Valley
Cities.
iii. Evaluate alternate fuel vehicle
feasibility for Service Center vehicles
(electric, hybrid, battery systems to
eliminate long term idling) (CAP
Measure M-VF-1, 2, 3).
Staff completed an analysis of alternative fuel
vehicles to inform the FY13/14 Vehicle
Replacement Schedule (VRS). This document
contains a tool to enable similar assessments
during each FY VRS.
This alternative fuel vehicle strategy also guides the
City towards additional fleet best management
practices (e.g. fleet right-sizing, developing vehicle
vocational specifications) that will be advanced as part
of this year’s VRS and updated environmentally
preferable procurement policy.
43
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 17
iv. Evaluate feasibility to transfer existing
vehicles within the fleet so that
purchases, if needed, are more
environmentally conscience.
Was feasible with all six purchases of green
vehicles in FY15/16.
Ongoing
10) Develop a citywide alternative fuel
(including charging stations) siting plan.
Siting plans will identify appropriate
locations for Level 1 (slow charge), Level
2 (fast charge) and Level 3 and DC (rapid
charge) stations in the community (CAP
Measure C-T-7 and M-F-1).
The City's Sustainability Division partnered
with Santa Clara County to apply for a
Strategic Growth Council, Sustainable
Communities Planning Grant to complete this
work at no cost to the City. The County was
awarded the contract to move forward and a
work plan is being developed to advance this
effort in all partner jurisdictions.
This fully-funded project will result in the development
of an alternative fuel siting plan for the City (electric
vehicle charging stations and hydrogen fueling stations
to be considered), along with fleet and personal vehicle
policy and incentive proposals to be advanced at the
regional scale. Staff will share updates with Council in
the coming months on progress and outcomes of this
multiagency collaboration.
44
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 18
11) Develop Civic Center Plan
a. Financing Plan
b. Solar/alternative energy options
c. Enlarge Library Story Room d.
Include a Sister City Directional and
Mileage Marker within Plan
On July 7, 2015, Council approved the Civic
Center Master Plan. On August 18, 2015,
Council considered whether to fund an
architectural services agreement and did not
approve the agreement and directed staff to
provide more information on financing
options for implementing the master plan.
On November 17, 2015, Council considered
and discussed the Report on Lease Financing
and directed staff to 1) explore options for
cost of $40 M. 2) explore an option of leasing
40,000 sq. ft., and 3) explore possibility of
building the proposed project for half the cost.
On December 10, 2015, Staff transmitted a
report to council members outlining project
delivery options.
The Civic Center Master Plan project is complete.
Should Council direct staff to implement the plan in the
future, the work will be tracked as another project.
12) Develop an alternative for an
Emergency Operations Center at a
facility other than City Hall.
Staff will present alternative EOC as a potential CIP for
FY 16/17
13) Implement major CIP projects
a. McClellan Environmental Education
Center (EEC) and Blacksmith Shop
Complete
b. Monta Vista Storm Drain Complete
45
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 19
c. Bubb/McClellan Storm Drain Complete
d. Quinlan Community Center Interior
Upgrades
Complete
e. Sports Center – West Side Courts
Improvement (sport court, resurface 5
tennis courts, install lighting for 3 courts)
Complete
f. Foothill/Cupertino Road Storm Drain f. Design for the Foothill/Cupertino Rd. storm
drain project will be complete June 2016.
f. If authorized in the FY16/17 CIP, construction of
Foothill/Cupertino Rd. storm drain project will begin
by July 2016. All work will be completed prior to the
start of the 2016 wet season.
g. Sister City Directional and Mileage
Marker at Civic Center
g. Design is complete.g. Anticipate installation before the end of FY 2015-16
h. Sport Center - East Courts Resurfacing
project
h. Project is advertised for bids. Work will be
implemented in two stages over spring and
fall seasons to align with facility service
operation.
h. Anticipate construction to start in April 2015
i. Monta Vista area sidewalk
improvement projects: Pasadena Ave.
Public Improvements
i. Consultant has been selected and initial
research and survey work is underway.
i. Anticipate bid in spring 2016 for summer
construction start.
j. Blackberry Farm-Splash Pad j. Scheduled for spring 2016 start of design.
Subject to approval of the Stevens Creek
Corridor Master Plan, this project will be
initiated.
j. Upon approval of the Stevens Creek Corridor Master
Plan, this project will be initiated if included.
46
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 20
k. McClellan Ranch West-Green Parking k. Install durable pervious surface - meadow-
esque, for alternative parking for staff and
park users. Initiate planning and design in
spring 2016.
k. Anticipate fall 2016 construction, upon authorization
of construction project funds
l. Storm Drain Master Plan Update l. Conducting survey of existing system and
collecting data. Anticipate completion of this
phase in summer 2016.
l. Anticipate start of master plan calculations in summer
2016 with goal of completion by end of CY 2016.
14) Develop a school site pedestrian-bike-
traffic safety program.
Fulltime Safe Routes to Schools Coordinator
approved at the March 1 Council meeting.
Develop strategies based on other cities' best practices.
15) Negotiate new Joint Powers
Agreement with Cupertino Unified
School District for shared sports fields
Existing agreement sunsets June 2016 Negotiations under way.
16) Conduct comprehensive audit of City
owned potable water system.
Current lease agreement expires in 2022.Audit may be complete as early as June 2016.
1) Stevens Creek Boulevard to McClellan
Ranch Road Preserve Master Plan
(includes Stocklmeir, BBF Golf Course,
BBF Picnic-Swim; McClellan Ranch;
McClellan Ranch West)
Community Outreach complete. 3 concepts
have been presented to the P&R Commission
& City Council. Council
recommended areas for study to MIG/Staff on
2/3/15. Report scheduled for Parks & Rec
Commission on 3/3/16
MIG is completing its analysis and mitigated negative
declaration (MND)report for the corridor project. Will
be presented to Council in late Spring 2016.
RECREATION AND COMMUNITY SERVICES DEPARTMENT
47
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 21
2) Sports Center Improvements:
c. Repair the Sports Center leaning
retaining wall.
c.-f. CIP projects. Complete Tennis Court re-surfacing for the east side to start April
2016.
d. Construct the Sports Court. (see
also Public Works #13e)
e. Start the tennis resurfacing project
(see also Public Works #13e)
f. Light the Stevens Creek Boulevard
west courts (see also Public Works #13e)
3) Expand Blackberry Farm operations to
365 days/year
Council directed MIG and staff to not expand
operations on 2/3/15
Project canceled as of 2/3/15
4) Continue to restore the Stocklmeir
legacy farm
Orange trees were harvested in 2013 and
pruned & harvested on 2/14/16 with produce
going to local food banks. Estimated fruit
produced in 2016 is 4,000 lbs. Full
implementation pending City Council
approval of Corridor Master Plan FY 15/16.
Use of the entire property (gardens, house, orchard) is
being addressed in the Corridor Master Plan. Rotary
has proposed (2/19/16) to refurbish the house and
surrounding grounds, exclusive of the orchard.
5) Investigate and replace the recreation
registration software with a cloud-based
software version to be accessed at any
City facility.
The PerfectMind Contract was executed on
2/1/16
Efficiency audits planned on key processes in March.
Discovery phase to start with completion Spring 2017.
6) Install a splash pad at Blackberry Farm
pool area. (see also Public Works item
#13j)
Included in FY 15/16 CIP.On hold pending completion of the Corridor Master
Plan.
48
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 22
7) Expand and integrate Block Leader,
Neighborhood Watch, and Disaster
Preparedness Programs.
All three programs have been moved to the
Recreation and Community Services
Department, including the Sister City
program.
These programs will be reporting to the new Business
and Community Services Division.
8) Utilize Block Leader Program to
provide “grass roots” notification to
residents of Community Development
and/or Public Works projects.
Next Door “To date, 6,000 + residents use the
site. On-going meetings to educate the Block
Leaders on City Services have been well
received.
Block Leaders will be involved in the City Wide Park
Open Space & Recreation Master Plan as well as the
Parklet pilot program.
Implement monthly meetings.Public Works has been an important contribution to the
City Wide Park Open Space & Recreation Master Plan.
Mutually agreed to maintenance standards
being established with improvements
identified by park.
Potential CIP projects will be identified in
order of need.
10) Explore potential of partnerships
with the SCC Library, YMCA, Rotary and
other groups to enhance/expand
programs.
Initial outreach meetings started in 2/15.
Projects in Progress:
Adopt a Garden
EEC Turtle Pond
Staff is meeting regularly with the Library and YMCA.
Staff will coordinate with other entities to expand
programs and reduce redundancies through
partnerships.
9) Implement an ongoing, active
partnership with Public Works to
identify improvements and enhance our
neighborhood parks, including an
ongoing park maintenance schedule and
Park Master Plan.
49
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 23
11) Facilitate a City-wide survey of users
and potential users to identify the
facilities and programming needs of our
community.
a) Explore potential location for a cricket
batting cage.
Will be addressed with the Corridor Master
Plan. Will be addressed with the City Wide
Park Open Space & Recreation Master Plan.
CUSD has offered an exclusive location in
Santa Clara for cricket.
Corridor MP report - Spring 2016.
City Wide Park Open Space MP Kick off 2/15/16
CUSD can no longer accommodate a batting cage at
Collins School
12) Negotiate a new agreement with the
SCC Sheriff and assist in the task force to
possibly relocate the Sheriff substation.
Contract approved July 2015. Sheriff has re-
negotiated their lease at their current location.
Contractor option could not be achieved.
New Case Manager hired on 8/24/15.
Easy Plan has been selected as the contractor.
Contract negotiations in process.
14)Establish CIP ranking criteria for all
park capital improvement projects.
Approved by the Parks & Recreation
Commission in November 2014.
Common criteria will be used to recommend CIP to
City Council
15) Adopt a Corridor Signage Master
Plan.
Approved by the Parks & Recreation
Commission in October 2014 and City Council
in November 2014.
Project in Implementation Phase
16) Prepare for the grand
opening/programming of the EEC and
Blacksmith Shop.
Grand opening occurred on 10/28/15. Facility
has been well received by our residents.
Follow-up project for a working forge in the Blacksmith
shop scheduled in 2016.
13) Increase Senior Case Management
services to accommodate increasing
demand.
Monitor case loads and employee productivity.
50
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 24
17) Adopt work plan for the Disaster
Council including:
Adopted by the Disaster Council in
November 2014.
a) After Action Report Sub-committees are formed
b) Ideal EOC location Quarterly reporting implemented
c) Vendor MOU’s in place
d) P.O.D. distribution plan
e) E.O.P. and Annexes
f) ARKnet WiFi from ARKS to EOC
g) Shelter locations and logistics
18) Investigate acquiring and annexing
the Lawrence Mitty parcel for a new east-
side park and trail connector.
Staff to update Council on project status at
3/1/16 Closed Session. City commencing
negotiations for property acquisition.
Appraisals complete. Soils testing pending.
1) Restructure the budget process and
document to increase transparency.
Completed.
2) Negotiate long-term contracts that are
fair, financially sustainable and
competitive in the local labor market.
Current contract term 7/1/13-6/30/16.
Preparation for upcoming Negotiations
underway.
Comprehensive compensation study
completed in February 2016.
Negotiation Kick-Off meetings scheduled for March.
ADMINISTRATIVE SERVICES DEPARTMENT
Report delivered to the Disaster Council 2/16.
51
2016/2017 City Council Work Program
PROJECT CURRENT STATUS COMMENTS AND NEXT STEPS
RED = represents Council added items
BLUE BACKGROUND = new projects 25
3) Pursue legislation to correct our
TEA/ERAF inequity allocations.
Completed.
4) Replace the City’s obsolete financial
software.
Completed.
5) OpenGov
a) OpenGov Platform to increase
budgetary transparency and public
engagement.
Annual contract with OpenGov.Post financial data after monthly closes to have close to
real time financial data for continued transparency and
public engagement.
b) OpenGov Budget Builder beta
program. Department directors and staff
will submit proposals and narratives in
OpenGov, manage approvals and
comments online, and create a
consolidated view of the budget.
Reviewing budget process with OpenGov
developers to help design program to make
our budget process more simplified and
efficient.
Schedule a meeting to review the status of the beta
program and when we can test it and give feedback.
6) Prepare comprehensive Development
Services fee study.
Comprehensive Fee Study to go to City
Council on March 15, 2016.
Fees to be comprehensively reviewed every 5-7 years.
Last review in 2007.
7) Staff Training Bringing in NewWorld Systems (NWS)/ Tyler
Technologies consultants for continued
trainings on FM and HR modules. Utilize
Stanford intern to update procedure manual
for new ERP systems.
Continued staff training and development through
webinars and training through CalPERS, the
Government Finance Officers Association (GFOA),
NWS/Tyler, and CalPelra that will increase staff
knowledge and skills in order to enhance customer
service for the community.
52
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1666 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/26/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: State Assembly Bill 2502 (Mullin & Chiu): Land Use - Zoning Regulations
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Fact Sheet
Action ByDate Action ResultVer.
City Council5/3/20161
Subject: State Assembly Bill 2502 (Mullin & Chiu): Land Use - Zoning Regulations
AdoptapositionofsupportonAssemblyBill2502(Mullin&Chiu):LandUse-Zoning
Regulations and authorize the Mayor to send letters in support of this bill.
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
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OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 3, 2016
Subject
State Assembly Bill 2502 (Mullin & Chiu): Land Use – Zoning Regulations
Recommended Action
Adopt a position of support on Assembly Bill 2502 (Mullin & Chiu): Land Use – Zoning
Regulations and authorize the Mayor to send letters in support of this bill.
Summary
AB 2502 would restore local government’s ability to enact ordinances establishing inclusionary
housing requirements as a condition of development, including the requirement to provide
affordable residential units for moderate income, lower-income, very low-income, or extremely
low-income households. Additionally, this bill resolves a conflict between local inclusionary
zoning ordinances and the State's Costa Hawkins Rental Housing Act that has been brought to
light as a result of a legal challenge.
Discussion
The Planning and Zoning Law authorizes the legislative body of any city, county, or city and
county to adopt ordinances regulating zoning within its jurisdiction, including inclusionary
housing. Nearly 170 cities and counties have some form of inclusionary housing requirement in
place as a complement to other local, state, and federal programs to address California’s
affordable housing shortage. Advocates argue that local inclusionary housing programs in
California have proven to be one of the most effective tools for producing new homes
affordable to working families.
The City of Cupertino implemented a Housing Mitigation Program in 1993, as described in the
Housing Element of the General Plan to help mitigate the impact of new development on the
need for affordable housing. To further support affordable housing and strengthen the City’s
Housing Mitigation Program, the City Council adopted updated housing mitigation fees on
May 5, 2015 (Resolution 15-036). The updated housing mitigation fees officially went into effect
on July 6, 2015.
While these inclusionary housing programs have been in place for decades, an appellate court
decision—Palmer/Sixth Street Properties L.P. v. City of Los Angeles (2009)—has created
54
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uncertainty for local governments regarding the future viability of this local land use tool. The
Palmer court held for the first time that the state’s rent control law prohibits local governments
from creating affordable rental housing through inclusionary programs. In 2010, another
lawsuit legally challenged the City of San Jose’s inclusionary housing ordinance . In this case,
the California Supreme Court ruled in favor of the City, noting that enforcing limits on
developers to address a growing housing problem is “constitutionally legitimate” and cited the
severe scarcity of affordable housing in California in its decision.
AB 2502 restores local governments’ ability to enact inclusionary housing programs by
clarifying the legislature’s intent and make clear that inclusionary zoning is a permissible land
use power. This bill is identical to AB 1229 (Atkins), which Governor Brown vetoed in 2013. The
Governor indicated in his veto message that prior to making a legislative change regarding
inclusionary housing he wanted to wait for the California Supreme Court to weigh in on legal
challenges. Now that the latest legal challenge to inclusionary zoning has been resolved, AB
2502 adds clarifying language to the State Planning and Zoning Law to protect local
government’s land use authority.
With the passage of AB 2502, the Council will continue having the ability to determine how fees
or regulations on market rate housing will be implemented to ensure that housing is available
for lower-income residents and families. For these reasons, staff recommends that the City
Council adopt a position of support on AB 2502, and authorize the Mayor to send letters in
support of this important piece of legislations.
Registered supporters for AB 2502 include:
California State Association of Counties
Cities of Belmont, Napa, San Jose, Sunnyvale, and Walnut Creek
City and County of San Francisco
Counties of Contra Costa, Los Angeles, Marin, and Sonoma
Asian Pacific Environmental Network
American Planning Association, California Chapter
Chinatown Community Development Center
Law Foundation of Silicon Valley
League of Women Voters of California
MidPen Housing Corporation
Southeast Asian Community Alliance
Opponents include:
California Apartment Association
California Association of Realtors
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
55
3
Sustainability Impact
An important characteristic of a sustainable community includes the provision of adequate
affordable housing for lower income residents. Providing more affordable housing for
Cupertino residents has the potential to reduce greenhouse gas emissions, especially when the
housing is located in proximity to transit, employment centers, and key amenities. Affordable
housing built near these resources allows residents to use low-carbon transportation options
(walking, biking, and transit), resulting in fewer vehicle miles traveled, lower greenhouse gas
emissions and overall better quality of life for residents.
Fiscal Impact
There is no fiscal impact as a result of supporting AB 2502.
_____________________________________
Prepared by: Jaqui Guzmán, Assistant to the City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Fact Sheet
56
Summary AB 2502 would protect locally en-
acted inclusionary housing programs, which
help ensure that all new housing develop-
ments include a certain percentage of homes
affordable to lower-income households.
Background Local inclusionary housing
programs in California have proven to be one
of the most effective tools for producing new
homes affordable to working families and
creating strong, diverse neighborhoods with
a range of housing choices. Nearly 170 cities
and counties have some form of inclusionary
housing requirement in place as a comple-
ment to other local, state, and federal pro-
grams to address California’s affordable
housing shortage.
Inclusionary housing programs have been in
place in California for decades. However, an
appellate court decision—Palmer/Sixth Street
Properties L.P. v. City of Los Angeles, 175 Cal.
App. 4th 1396 (2009)—has created uncertainty
and confusion for local governments and
housing advocates regarding the future via-
bility of this important local land use tool.
The Palmer court held for the first time that
the state’s Costa-Hawkins rent control law
prohibits local governments from creating af-
fordable rental housing through inclusionary
programs. In the wake of this decision, a
well-established local tool that has provided
quality affordable housing to over 80,000
Californians is in doubt.
Restoring Local Discretion AB 2502 restores
local governments’ ability to enact inclusion-
ary housing programs by clarifying that
Costa-Hawkins does not apply. The bill
would amend the state’s Planning and Zon-
ing Law, the statutory scheme from which
much of a local government’s land use pow-
ers are derived, to make clear that inclusion-
ary zoning is a permissible land use power.
Prior Legislation AB 2502 is identical to AB
1229 (Atkins, 2013), which Governor Brown
vetoed, noting that he wanted to await the
outcome of California Building Industry Asso-
ciation v. City of San Jose, a case challenging
the constitutionality of inclusionary policies.
The California Supreme Court issued a unan-
imous ruling in that case in June in favor of
inclusionary zoning. With the constitutional
question settled, the time is right to address
the Palmer decision and affirm the ability of lo-cal governments to choose to require as a con-dition of project approval the inclusion of homes affordable to lower-income households.
Support
• Western Center on Law & Poverty (co-
sponsor)
• California Rural Legal Assistance Foun-
dation (co-sponsor)
• Non-Profit Housing Association of
Northern California (co-sponsor)
Fact Sheet: AB 2502 (Mullin and Chiu)
Protecting Local Inclusionary Housing Programs
Contact: Anya Lawler, 916.282.5103, alawler@wclp.org; Brian Augusta, 916.400.3136, baugusta@housingadvocates.org;
Michael Lane, michael@nonprofithousing.org, 415.989.8160 x22
57
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1420 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/25/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: First Amendment to the Agreement for Countywide Household Hazardous Waste (HHW)
Collection Program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - First Amendment to Countywide HHW Agreement
Action ByDate Action ResultVer.
City Council5/3/20161
Subject:FirstAmendmenttotheAgreementforCountywideHouseholdHazardousWaste
(HHW) Collection Program
AdoptResolutionNo.16-041,authorizingtheCityManagertoexecutetheFirstAmendmentto
the Agreement for Countywide Household Hazardous Waste Collection Program
CITY OF CUPERTINO Printed on 4/28/2016Page 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: May 3, 2016
Subject
First Amendment to the Agreement for Countywide Household Hazardous Waste
(HHW) Collection Program.
Recommended Action
Adopt Resolution No. 16-_____, authorizing the City Manager to execute the First
Amendment to the Agreement for Countywide Household Hazardous Waste Collection
Program.
Description
On July 1, 2015 the County of Santa Clara and cities entered into a three year
Agreement to provide collection services for household hazardous waste (e.g.,
pesticides, cleansers, fertilizers and other products that contain toxic chemicals). The
First Amendment to the Agreement provides a new operating schedule for FY 16-17
and an opportunity for cities to augment payment to buy services for FY 16-17, above
the level that is funded through the AB 939 Implementation Fee collected by the County
on behalf of the cities. The City of Cupertino does not need additional service since it
supplements the County’s HHW program with a unique door-to-door collection service
for Cupertino residents provided by Waste Management, Inc. (WM).
The First Amendment will have no noticeable impact on the City of Cupertino and its
residents. The Amendment incorporates an updated schedule for County collection
events.
The attached Resolution authorizes the City Manager to execute this First Amendment
and a subsequent amendment to the Agreement for Countywide HHW Collection
Program for FY 2017-2018, if needed.
Sustainability Impact
The Agreement is designed to reduce and eventually eliminate the residential
hazardous waste that is still sent to landfill countywide and to capture some of the
hazardous waste that might otherwise be illegally dumped. A significant sustainability
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benefit is the reduction of illegally disposed or dumped hazardous material, which
could degrade local creeks and threaten the supply of clean water.
Fiscal Impact
There is no additional cost to the City to execute this Amendment.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution
B - First Amendment to Countywide HHW Agreement
60
ATTACHMENT A
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE
AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
WHEREAS, there has been presented to the City Council the “First Amendment to the
Agreement for the Countywide Household Hazardous Waste (HHW) Collection Program” for FY
16-17, between the County of Santa Clara and the City of Cupertino; and
WHEREAS, no increase to the agreed upon budget for FY16-17 ($0 additional payment
from the City of Cupertino), will provide the County of Santa Clara with sufficient funding to
continue to provide household hazardous waste drop-off services, when needed, for the residents
of the City of Cupertino for fiscal years 16-18; and
WHEREAS, the provisions of the First Amendment to the Agreement for the Countywide
Household Hazardous Waste Collection Program have been reviewed and approved by the
Director of Public Works and the City Attorney;
WHEREAS, the City Council may delegate contracting authority to City officials, and has
done so from time to time as deemed necessary and in the interests of the City; and
WHEREAS, delegating authority to the City Manager, or designee, to amend, terminate,
and take any and all necessary or advisable actions relating to the Agreement for Countywide
Household Hazardous Waste Collection Program, following approval by the City Attorney as to
form and legality would facilitate continuity of services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino:
1. The City Council hereby approves executing the “First Amendment to the Agreement for
Countywide Household Hazardous Waste Collection Program”; and,
2. The City Council delegates authority to the City Manager or designee to amend, terminate,
and take any and all necessary or advisable actions regarding the Agreement for Countywide
Household Hazardous Waste Collection Program, following approval by the City Attorney as
to form and legality, and that said delegation of authority shall expire on June 30, 2018.
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City
of Cupertino this 3 day of May 2016, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
61
__________________________ __________________________
City Clerk Mayor, City of Cupertino
62
Attachment B
63
64
65
66
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1660 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:4/25/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Authorization for Submittal of Application for CalRecycle Payment Programs and related
authorizations
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council5/3/20161
Subject:AuthorizationforSubmittalofApplicationforCalRecyclePaymentProgramsand
related authorizations
AdoptResolutionNo.16-042,authorizingsubmittalofapplicationsforCalRecycle’sPayment
Programs
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 3, 2016
Subject
Authorization for Submittal of Application for CalRecycle Payment Programs and
related authorizations.
Recommended Action
Adopt Resolution No. 16-_____, authorizing submittal of applications for CalRecycle’s
Payment Programs.
Description
All jurisdictions are required to upload a Payment Program Resolution to their Funding
Request for the CalRecycle Beverage Container Recycling City/County Payment
Program no later than June 1, 2016. Failure to upload an approved Payment Program
Resolution by June 1, 2016 may result in payment being delayed or not approved.
Payment allocation for the City of Cupertino is approximately $16,000 per year.
Sustainability Impact
Participation in the Beverage Container Recycling Payment Program helps fund
containers for public areas as a deterrent to littering, thereby preserving the beneficial
uses of local creeks. Enhanced public container management is a feature of the City’s
long term litter reduction plan which fulfills a requirement of the City’s storm water
permit.
Fiscal Impact
Failure to approve a Payment Program Resolution by June 1, 2016 may result in a
payment of approximately $16,000/year from CalRecycle being delayed or not
approved.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
68
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING SUBMITTAL OF APPLICATION FOR CALRECYCLE PAYMENT
PROGRAMS AND RELATED AUTHORIZATIONS
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581,
and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has
established various payment programs to make payments to qualifying jurisdictions; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish
procedures governing the administration of the payment programs; and
WHEREAS, CalRecycle’s procedures for administering payment programs
require, among other things, an applicant’s governing body to declare by resolution certain
authorizations related to the administration of the payment program.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino is authorized to submit an application to CalRecycle for any and all payment
programs offered; and
BE IT FURTHER RESOLVED that the Public Works Director, or his/her
designee, is hereby authorized as Signature Authority to execute all documents necessary
to implement and secure payment; and
BE IT FURTHER RESOLVED that this authorization is effective until rescinded
by the Signature Authority or this governing body.
PASSED AND ADOPTED at a regular adjourned meeting of the City
Council of the City of Cupertino this 3rd day of May , 2016, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Barry Chang, Mayor
ATTACHMENT A
69
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1299 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:12/21/2015 City Council
On agenda:Final action:5/3/2016
Title:Subject: Second reading of 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 Council5/3/20161
Subject:SecondreadingofanordinanceamendingsectionsofChapter3.23oftheCupertino
MunicipalCodetoalignthepublicworksbidinvitationdistributionandpostingperiodswith
the related California Public Contract Code requirements.
Conduct the second reading and enact 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"
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 3, 2016
Subject
Second reading of 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 second reading and enact the draft ordinance: “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
On April 19, 2016, the City Council introduced and conducted the first reading of “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.”
There were no requests for clarifications or changes to the draft ordinance; therefore it
was not modified from the first reading.
Background
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.
71
2
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.
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 of
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
72
Council Agenda: April 19, 2016
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:
73
Council Agenda: April 19, 2016
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:
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.
74
Council Agenda: April 19, 2016
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 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.
75
Council Agenda: April 19, 2016
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
76
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
77
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
78
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
79
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
80
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
81
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1583 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:3/22/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Annual review of the City's Non-Point Source Control and Stormwater Management Program
(flood control and creek pollution prevention) and approval to renew the collection of existing storm
drain fees at no increase in rates for fiscal year 2016-2017
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution including Engineer's Report
Action ByDate Action ResultVer.
City Council5/3/20161
Subject:AnnualreviewoftheCity'sNon-PointSourceControlandStormwaterManagement
Program(floodcontrolandcreekpollutionprevention)andapprovaltorenewthecollectionof
existing storm drain fees at no increase in rates for fiscal year 2016-2017
ConsiderallobjectionsorprotestsandadoptResolutionNo.16-043forapprovalandrenewal
of the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
powered by Legistar™82
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 3, 2016
Subject
Annual review of the City’s Non-Point Source Control and Stormwater Management
Program (flood control and creek pollution prevention) and approval to renew the
collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017.
Recommended Action
Consider all objections or protests and adopt Resolution No. 16-____ for approval and
renewal of the collection of existing storm drain fees at no increase in rates for fiscal
year 2016-2017.
Discussion
Since 1992, the Nonpoint Source Program, mandated by the State of California and the
United States Environmental Protection Agency regulations pursuant to the Clean
Water Act, has been funded locally from a storm drain fee applied to each property in
the City. The fee, collected by the Santa Clara County Tax Collector on behalf of the
City, is subject to annual review and approval by the City Council.
The existing storm drain fees support the City’s, State and federally mandated
programs and water quality control requirements. Also supported by these funds are
the operation and maintenance of storm drain facilities (to the extent not covered by
existing General Fund activities), a portion of the annual street sweeping contract,
funding for regional watershed monitoring, local public outreach and education, litter
reduction measures and other compliance work conducted on behalf of the cities and
agencies by the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP). The City is also responsible for mandatory inspections and data tracking
to prevent illegal connections and discharges to the City’s storm drain system and
impacts to State waters.
The fees have remained the same since they were first levied in 1992 and no increase is
proposed at this time. The annual fees for each property category are as follows:
83
2
Category Rate per Year
Single-Family, Town homes, Condominiums $ 12.00 / premise
Commercial/Industrial/Apartments $ 144.00 / acre
Unimproved Land/Recreation $ 36.00 / acre
Fiscal Impact
The fee schedule, when levied on all properties in the City of Cupertino, generates
approximately $371,000. The proposed program budget for FY 2016-2017 is
approximately $740,000. The budgeted amount is the minimum necessary to comply
with the increasingly stringent State and Federal Clean Water Act requirements, higher
municipal National Pollutant Discharge Elimination System (NPDES) fees proposed by the
State, and an increase in SCVURPPP program costs. The difference between the
budgeted amount and the revenue from fees is proposed to continue to be supported by
the General Fund. Any increase in the current fee amount would be subject to
Proposition 218 and no change is recommended at this time.
Sustainability Impact
The storm drainage fee, which has been in place since 1992, supports water pollution
prevention and water conservation (NPDES) activities. A significant sustainability
benefit is the reduction or elimination of pollutant discharges, which could degrade
local creeks and threaten the supply of clean water.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution including Engineer’s Report
84
1
4/14/16
RESOLUTION NO.16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING
STORM DRAIN FEES AT NO INCREASE IN RATES FOR FISCAL YEAR 2016-2017
WHEREAS, the City Council of the City of Cupertino enacted Municipal Code Chapter 3.36 in
part to meet the City’s federally mandated Stormwater Pollution Prevention and Management Program
and establishing the authority for imposing and charging a storm drainage service charge; and
WHEREAS, a report entitled “Engineer’s Report, Assessment of Fees for Storm Drainage
Purposes Nonpoint Source Pollution Program (Exhibit A),” concerning the method of assessing an
environmental fee to fund the City’s Stormwater Management Program was prepared by the Director
of Public Works pursuant to Section 3.36.080(B) of the City’s Municipal Code and filed with the City
Clerk on April 14, 2016; and
WHEREAS, thereport, filed with the City Clerk,was available for public inspection and review
twenty (20) days prior to this public hearing; and
WHEREAS, the City Council of the City of Cupertino finds and determines as follows:
1. After considering the report entitled “Engineer’s Report, Assessment of Fees for Storm
Drainage Purposes Nonpoint Source Pollution Program” and the testimony received at this public
hearing, the City Council hereby approves the report and herein incorporates it in the resolution.
2. There is a need in the City for the continuation of a storm drainage service charge to
cover the costs of the federally mandated program as heretofore described, in that properties within the
city will not otherwise contribute a portion of costs toward this program and without the availability of
such storm drainage service charge, the City’s general fund will eventually be negatively impacted in
such a manner as to jeopardize other essential services.
3. The facts and evidence presented establish that there is a reasonable relationship
between the need for this fee and the impacts for which this fee shall be used, and that there is a
reasonable relationship between the fee’s use and the properties, which are to be charged this fee.
These relationships or nexuses are described in more detail in the above referenced report.
4. The amounts of the fee for each category of property, as set forth below, are reasonable
amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study and
below the cost recovery.
5. It is further determined that each and every parcel of land contained in said report will,
and has received a benefit of flood control from the storm drainage system and that the charges
imposed herein on each such parcel are in conformity with, and in fact lower than, the benefits that
such parcel has received as further described in the report.
ATTACHMENT A
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that:
1. Charge. The storm drainage service charge shall continue to be charged to each parcel
within the city to contribute to the costs of the City’s federal and state requirements for Nonpoint
Source Control and a Stormwater Management Program.
2. Use of Revenue. The revenue derived from said charge shall be used in connection
with implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code entitled “Storm
Drainage Service Charge” and Chapter 9.18 entitled “Stormwater Pollution Prevention and Watershed
Protection.”
3. Schedule of Charges.
(a) Annual fees for each category of property will be assessed and collected as follows:
Residential premises $ 12.00/parcel
Apartment premises $144.00/acre
Commercial/Industrial premises $144.00/acre
Unimproved/Recreational $ 36.00/acre
(b) The following public properties are exempt from, and shall not be assessed the
environmental fee:
Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anza Community College District
The Fremont Union High School District
The Midpeninsula Regional Open Space District
United States of America
4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the
date of its adoption.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd
day of May, 2016, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Barry Chang, Mayor
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EXHIBIT A
ENGINEER'S REPORT
ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES
NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees for funding the City of Cupertino's Nonpoint
Source Pollution Program mandated by the Environmental Protection Agency (EPA). Regulations
by the EPA and the State of California require cities to take specific actions to eliminate or control
pollutants in waters of the State.
The term "nonpoint source pollution" represents a process whereby pollutants, debris, sediment and
chemicals which accumulate on streets, in neighborhoods, construction sites, parking lots and other
exposed surfaces are washed off by rainfall and carried away by stormwater runoff (via City drain
inlets and pipes installed for flood control) into local creeks and the San Francisco Bay. Sources of
these pollutants may include automobile exhaust and oil, pesticides, fertilizers, eroded soil,
detergents, pet waste, paint, litter and other material carried through the City’s storm drainage
system—without treatment—directly to the Bay. Many of these pollutants are hazardous to aquatic
and human life.
The City of Cupertino has implemented several mandated and pro-active programs to mitigate this
problem. Among other activities, these programs include an illegal storm drain discharge
investigation and elimination complaint response program; scheduled inspections of outdoor
housekeeping practices at business sites within the city; bi-weekly sweeping of residential streets
and weekly sweeping of commercial streets; installation of trash capture devices and curb drain
inlet screens to prevent litter from entering City’s storm drainage system; inspection and cleaning
of storm drain structures; public education and engagement with teachers and students, educational
activities offered at City events; and a popular, unique and well-established district-wide third-
grade creek education & field trip program led by the City’s naturalist at McClellan Ranch and
Stevens Creek.
The State San Francisco Bay Regional Water Quality Control Board (Water Board) approved the
Municipal Regional Permit (MRP 2) on November 19, 20015 and. MRP 1 (adopted 10/14/09) and
MRP 2 were issued to the City of Cupertino and 75 agencies or co-permittees which discharge
storm water through municipal drainage systems to local creeks and the San Francisco Bay. The
City and 14 other co-permittees are members of the Santa Clara Valley Urban Runoff Pollution
Prevention Program (SCVURPPP) which work collaboratively to maintain compliance with the
MRP. In addition to conducting local activities, City staff work closely with the other SCVRUPPP
members to implement pollution prevention, source control, monitoring and outreach programs.
The MRP includes several mandated requirements that are phased in over each five-year permit
term. The SCVURPPP has increased its co-permittee membership assessments to help meet these
requirements. With these and new MRP-related costs and requirements on the horizon, the City has
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added staff and increased the NPS budget to ensure its continued compliance. For FY 2016-2017,
the fee will provide revenue of approximately $371,000, leaving approximately $369,000 to be
paid from the General Fund.While Proposition 218 essentially prevents the City from increasing
stormwater fees, it is important that the fees in place since 1992 continue to be collected.
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal year
2016-2017 is approximately $740,000. The breakdown of costs is estimated as follows:
Countywide Program $ 286,000
SCVURPPP1Program Assessment - Regional Permit Implementation
Regional Watershed Monitoring (administered by EOA, Inc.2)
State NPDES3 Permit Fees
Countywide Public Education and Municipal Staff Training
CA Stormwater Quality Association (CASQA) Participation
Annual Stormwater Fee Assessment for County
Policy Development
Budget Contingencies
Operations and Maintenance $ 240,000
Catch Basin Cleaning
Trash Capture Device Cleaning twice annually
Street Sweeping (commercial areas weekly; residential bi-weekly)
On-call Emergency Spill and Discharge Response
Staff to Implement City’s Mandated Litter Reduction Plan
Implementation of PCB reduction requirements
City Public Engagement and Education Awareness $ 50,000
Public Outreach Materials & Events
Third-Grade Creek Education for Local Schools
Support High School Students’ Watershed and Creek Education
De Anza College Partnership and Community Environmental Education
Creek Cleanup& Watershed Monitoring Events
Green Infrastructure education and outreach
Staff to Conduct Public Education, Training and Outreach
Local Programs $ 164,000
Ordinance Revision & CEQA Review
Development, Administration, Tracking and Evaluation of Mandated Programs
1SCVURPPP: The Santa Clara Valley Urban Runoff Pollution Prevention Program is a collaborative of 15 municipalities and agencies in
Santa Clara County of which Cupertino is a member and co-permittee.
2 EOA, Inc. is the environmental engineering and regulatory consulting firm that manages the Santa Clara Valley Urban Runoff Pollution
Prevention Program for the co-permittees www.eoainc.com
3NPDES: National Pollutant Discharge Elimination System
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Database Administration
Illegal Discharge Complaint Investigation and Enforcement
Industrial/Commercial Discharger Inspection Program
Construction Site Inspection Program
Verification of Treatment Measure Maintenance on Private Property
Low Impact Development (LID) Review and Tracking
Litter Reduction Education and Enforcement
Staff to Implement Enforcement and Track Compliance
_______
TOTAL COST TO MAINTAIN CITY’S COMPLIANCE $ 740,000
C. Revenue and Assessment
Revenues generated to fund this program are based on a factor calculated from the City's Master
Storm Drain Study runoff coefficients and average area of impervious surface per acre based on
type of land-use development. The factor for each category is based on a comparison to an average
residential parcel assigned a factor of one.
The following table represents the approximate revenue stream for different categories of
development.
No. Parcels Annual Revenue
Development Category Factor or Acre Cost/Unit Generated
Residential 1 15,676 Pcls $ 12.00 $ 188,112
Commercial/Industrial/
Apartments 12 1,053.26 Ac $ 144.00 $ *151,667
Unimproved/Recreational 3 871.39 Ac $ 36.00 $ *31,370
_________
TOTAL $ 371,149
Each parcel has been identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT. * Note: Revenue reflects actual amount collected on parcels. Acreage
is affected by rounding.
____________________________
Timm Borden
Director of Public Works
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1661 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:4/25/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Proposed Initiative submitted by Ruby Elbogen, Reed Sparks, and William Hausman
regarding the North De Anza Gateway (Cupertino Inn and Goodyear Tire sites) (“North De Anza
Gateway Initiative”) and preparation of a 9212 Report.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Proposed Initiative
B - Draft Resolution Ordering Preparation of an Elections Code Section 9212 Report
Action ByDate Action ResultVer.
City Council5/3/20161
Subject:ProposedInitiativesubmittedbyRubyElbogen,ReedSparks,andWilliamHausman
regardingtheNorthDeAnzaGateway(CupertinoInnandGoodyearTiresites)(“NorthDe
Anza Gateway Initiative”) and preparation of a 9212 Report.
AdoptResolutionNo.16-044directingCitystafftoprepareareportontheeffectsoftheNorth
DeAnzaGatewayInitiativepursuanttoElectionsCodeSection9212andappropriate
$135,000.00 for such purpose.
CITY OF CUPERTINO Printed on 4/28/2016Page 1 of 1
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OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: May 3, 2016
Subject
Proposed Initiative submitted by Ruby Elbogen, Reed Sparks, and William Hausman
regarding the North De Anza Gateway (Cupertino Inn and Goodyear Tire sites) (“North
De Anza Gateway Initiative”) and preparation of a 9212 Report.
Recommended Action
Adopt a resolution directing City staff to prepare a report on the effects of the North De
Anza Gateway Initiative pursuant to Elections Code Section 9212 and appropriate
$135,000.00 for such purpose.
Background
On April 6, 2016, Ruby Elbogen, Reed Sparks, and William Hausman (Proponents)
submitted to the City Clerk a Notice of Intent to circulate an initiative petition and a
request for the City Attorney to prepare the official ballot title and summary. A copy of
the proposed initiative measure (“Initiative”) is attached to this report as Attachment A.
Pursuant to the Elections Code, the City Attorney prepared the official title and
summary for the Initiative. The official title for the measure is:
Initiative (1) amending Cupertino’s General Plan requirements for the
North De Anza Gateway to increase the existing allocations by 35,000
commercial square feet and 156 hotel rooms, increase the maximum
building height from 45 to 58 feet, and remove some development
standards; (2) establishing a new ‘Gateway Zoning District’ to allow
greater building heights and new permitted uses in certain areas and
applying this zoning to the North De Anza Gateway; and (3) requiring
conditions of approval for the North De Anza Gateway to include certain
community benefits, and setting parking limits.
The Proponents have until October 18, 2016—which is 180 days from the time they
received the official title and summary—to gather and submit the requisite number of
signatures to qualify the measure for placement on the ballot. Council has the option, if
it so chooses, to direct staff to prepare a report on the effects of the North De Anza
92
Gateway Initiative. Such reports are authorized by Elections Code section 9212 and are
frequently referred to as “9212 Reports.” The purpose of 9212 Reports is to enable
elected officials and the community to obtain a thorough understanding of the potential
fiscal, legal, and other impacts of proposed initiatives.
This is the fourth proposed initiative submitted to the City and the fourth request for
authorization for a 9212 Report. The status of the other 9212 Reports is summarized as
follows:
Initiative 9212 Report Status
Cupertino Citizens’ Sensible Growth
Initiative
Complete
Oaks Shopping Center (at Stevens Creek
and Highway 87)
Authorized March 1, 2016, in progress
Vallco Town Center Specific Plan
Initiative
Authorized March 31, 2016, in progress
A 9212 Report may be ordered at any time during the period that the Initiative is being
circulated for signatures, or alternatively, at any time up until the City Council is
presented with the City Clerk’s certification that the proponents have submitted
sufficient signatures to qualify the measure for placement on the ballot.
Discussion
The Elections Code grants city councils broad discretion whether to order preparation of
a 9212 Report and what topics to cover in such a report. Specifically, section 9212
provides that the City Council “may refer the proposed initiative measure to any city
agency or agencies for a report on any or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city’s general and specific plans,
including the housing element, the consistency between planning and
zoning, and the limitations on city actions under [certain affordable
housing and anti-discrimination in housing statutes].
(3) Its effect on the use of land, the impact on the availability and location of
housing, and the ability of the city to meet its regional housing needs.
(4) Its impact on funding for infrastructure of all types, including, but not
limited to, transportation, schools, parks, and open space. The report may
also discuss whether the measure would be likely to result in increased
93
infrastructure costs or savings, including the costs of infrastructure
maintenance, to current residents and businesses.
(5) Its impact on the community’s ability to attract and retain business and
employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing
business districts, and developed areas designated for revitalization; [and]
(8) Any other matters the legislative body requests to be in the report.”
Elections Code § 9212(a) (emphasis added).
The Elections Code gives the Council broad discretion when to order such a report. It
may do so now, or at any time during the circulation of the North De Anza Gateway
Initiative. Alternatively, the Council could wait to see if the North De Anza Gateway
Initiative qualifies for the ballot and then order preparation of the report, or decide not
to proceed with this analysis.
However, any such report must be presented to the Council no later than 30 days after
the City Council meeting at which the City Clerk certifies that the Initiative has qualified
for the ballot. Elections Code § 9212(b). After receiving the report, and in the event that
the Initiative qualifies for the ballot, the Council would then have the option of either
adopting the North De Anza Gateway Initiative exactly as proposed, or ordering it placed
on the ballot.
Staff recommends that the Council order preparation of a Section 9212 Report and that it
do so now in order to ensure that staff has the maximum amount of time to retain any
necessary consultants and prepare a thorough analysis of the North De Anza Gateway
Initiative’s impacts. This is particularly important in light of the other 9212 reports
underway.
Staff further recommends that the Council direct that the report address each of the
specific items identified in Elections Code section 9212, to the extent applicable, and any
other specific matters the Council desires to be discussed.
In addition, in order assist with the timely preparation of the report and to perform
certain types of analyses that require additional expertise, staff recommends that the
Council authorize the City Manager to retain appropriate consultants.
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Fiscal Impact
Staff recommends that the Council authorize the City Manager to spend up to $135,000
to retain the necessary economic, environmental, and legal consultants to help prepare
the Report and appropriate these funds.
Sustainability Impact:
There is no sustainability impact for the preparation of the report.
_____________________________________
Submission by: David Brandt, City Manager
Attachments:
A - Proposed Initiative
B - Draft Resolution Ordering Preparation of an Elections Code Section 9212 Report
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RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO DIRECTING CITY STAFF TO PREPARE A REPORT ON
THE EFFECTS OF THE PROPOSED INITIATIVE ENTITLED:
“INITIATIVE (1) AMENDING CUPERTINO’S GENERAL PLAN
REQUIREMENTS FOR THE NORTH DE ANZA GATEWAY TO
INCREASE THE EXISTING ALLOCATIONS BY 35,000 COMMERCIAL
SQUARE FEET AND 156 HOTEL ROOMS, INCREASE THE MAXIMUM
BUILDING HEIGHT FROM 45 TO 58 FEET, AND REMOVE SOME
DEVELOPMENT STANDARDS; (2) ESTABLISHING A NEW
‘GATEWAY ZONING DISTRICT’ TO ALLOW GREATER BUILDING
HEIGHTS AND NEW PERMITTED USES IN CERTAIN AREAS AND
APPLYING THIS ZONING TO THE NORTH DE ANZA GATEWAY;
AND (3) REQUIRING CONDITIONS OF APPROVAL FOR THE
NORTH DE ANZA GATEWAY TO INCLUDE CERTAIN COMMUNITY
BENEFITS, AND SETTING PARKING LIMITS” AND TO
APPROPRIATE FUNDS FOR THE PREPARATION OF THE REPORT
WHEREAS, on April 6, 2016, Ruby Elbogen, Reed Sparks, and William
Hausman (Proponents) submitted to the City Clerk a Notice of Intent to circulate an
initiative petition and a request for the City Attorney to prepare the official ballot title
and summary for the North De Anza Gateway (“North De Anza Gateway Initiative”);
and
WHEREAS, on April 21, 2016, the City Attorney prepared the Title and
Summary for the North De Anza Gateway Initiative and provided it to Proponents; and
WHEREAS, Elections Code section 9212 authorizes the City Council to
direct City staff to prepare a report on the impacts of the Initiative, including seven
specified types of impacts as well as on “any other matter” that the City Council requests
to be included in the report; and
WHEREAS, the City Council has determined that such a report would
provide valuable information about the North De Anza Gateway Initiative to the Council
and to all interested residents of the City; and
WHEREAS, the preparation of an Elections Code section 9212 report is 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 this
113
Resolution No. 16-
Page 2
is administrative action which does not involve a direct or reasonably foreseeable
indirect impact on the physical environment; and;
NOW THEREFORE, be it RESOLVED:
1. The City Council directs City staff to :
a. Prepare a Report on the effects of the North De Anza Gateway
Initiative pursuant to Elections Code section 9212, addressing each of the impacts
specified in subsection (a)(1)-(7) of that section, to the extent applicable, as well as any
other items identified by the City Council, including comparison to other pending
initiatives; and
b. Retain, at the direction of the City Manager, any consultants that the
City Manager determines are necessary to complete the Report, in an amount not to
exceed $135,000.00; and
c. Present the Report to the City Council no later than the latest date
authorized by Elections Code section 9212(b); and
2. The City of Cupertino’s Operating Budget for the Fiscal Year 2015/2016 is
hereby amended to appropriate $135,000.00 for the preparation of the Report.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this ___ date of May, 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
114
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1667 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:4/26/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Consideration of an amendment to the deadlines the City Council established for ballot
arguments and the City Attorney’s impartial analysis for an initiative measure to appear on the ballot
for the November 8, 2016 election, and amend City Council Resolution No. 16-029 to reflect the
amended deadlines.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council5/3/20161
Subject:ConsiderationofanamendmenttothedeadlinestheCityCouncilestablishedfor
ballotargumentsandtheCityAttorney’simpartialanalysisforaninitiativemeasuretoappear
ontheballotfortheNovember8,2016election,andamendCityCouncilResolutionNo.16-
029 to reflect the amended deadlines.
AdopttheResolutionNo.16-045amendingResolutionNo.16-029tosetthedateofAugust
15,2016forprimaryballotargumentsandAugust22,2016forrebuttalargumentsand
impartialanalysesforallmeasuresthattheCityCouncilplacesontheballotfortheNovember
2016electioninordertoestablishauniformdeadlineforallmeasuresthattheCityCouncil
places on the ballot for the November 8, 2016 election.
CITY OF CUPERTINO Printed on 4/28/2016Page 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: May 3, 2016
Subject
Consideration of an amendment to the deadlines the City Council established for ballot
arguments and the City Attorney’s impartial analysis for an initiative mea sure to
appear on the ballot for the November 8, 2016 election, and amend City Council
Resolution No. 16-029 to reflect the amended deadlines.
Recommended Action(s)
Adopt the draft resolution amending Resolution No. 16-029 to set the date of August 15,
2016 for primary ballot arguments and August 22, 2016 for rebuttal arguments and
impartial analyses for all measures that the City Council places on the ballot for the
November 2016 election in order to establish a uniform deadline for all measures that
the City Council places on the ballot for the November 8, 2016 election.
Discussion
On March 31, 2016, the City Council ordered that an initiative (referred to by its
proponents as the Cupertino Citizens’ Sensible Growth Initiative) be placed on the
ballot for the November 8, 2016, general election pursuant to Elections Code section
9215(b) and (c). On the same date, the Council adopted Resolution 16-029, which
provided for written arguments regarding the initiative and directed the City Attorney
to prepare an impartial analysis for the initiative.
Pursuant to the City’s past practice, the City set the deadlines for ballot arguments and
the impartial analysis for approximately ten days in advance of the deadlines
established by the County Registrar of Voters for county measures. Accordingly,
Resolution 16-029 established the deadlines for primary and rebuttal arguments as
August 2 and 12, 2016, respectively, and for the City Attorney’s impartial analysis as
August 12, 2016.
Subsequent to the adoption of Resolution 16-029, it has become apparent that one or
more of the three additional initiatives now in circulation may qualify for the
November election during the period between the City’s currently established deadline
for primary ballot arguments (August 2, 2016) and the August 12, 2016, deadline
116
established by State law as the final date upon which the City Council may place any
additional measures on the ballot for the November 2016 election.
Accordingly, in order to set a uniform date for all primary and rebuttal arguments and
impartial analyses for measures appearing on the November 8, 2016 ballot, the City
Council would need to change the deadlines established in Resolution 16-029. The City
will be contracting with the County Registrar of Voters to conduct the election and the
deadlines for arguments and impartial analyses established by the Registrar are the last
dates that the City can establish as deadlines for City measures
Staff recommends that the Council amend Resolution 16-029 and set the date of August
15, 2016 for primary ballot arguments and August 22, 2016 for rebuttal arguments and
impartial analyses for all measures that the City Council places on the ballot for the
November 2016 election.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft resolution amending the Deadlines for Ballot Arguments and Impartial
Analysis for a City Measure and Amending Resolution 16-029.
778618.4
117
RESOLUTION NO. 16-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION 16-029 REGARDING THE
DEADLINES FOR BALLOT ARGUMENTS AND THE IMPARTIAL ANALYSIS
FOR A CITY MEASURE
WHEREAS, on March 31, 2016, the City Council adopted Resolution 16-
029, A Resolution of the City Council of the City of Cupertino Providing for
Written Arguments Regarding a City Measure and Directing the City Attorney to
Prepare an Impartial Analysis;
WHEREAS, Resolution 16-029 establishes the deadlines for primary and
rebuttal arguments (August 2 and 12, 2016, respectively), and the City Attorney’s
impartial analysis (August 12, 2016), for an initiative measure to be submitted to
the voters at an election held on November 8, 2016;
WHEREAS, pursuant to the City’s standard practice in the past, the
deadlines for ballot arguments and the impartial analysis were set approximately
ten days in advance of the deadlines established by the County Registrar of
Voters for County measures;
WHEREAS, the City will be contracting with the County Registrar of
Voters to conduct the election and the deadlines for arguments and impartial
analyses established by the Registrar are the last dates that the City can establish
as deadlines for City measures;
WHEREAS, subsequent to the adoption of Resolution 16-029, it has become
apparent that one or more of the three additional initiatives now in circulation
may qualify for the November election during the period between the City’s
currently established deadline for primary ballot arguments (August 2, 2016) and
the August 12, 2016, deadline established by State law as the final date upon
which the City Council may place any additional measures on the ballot for the
November 2016 election;
WHEREAS, in order to set a uniform date for all primary and rebuttal
arguments and impartial analyses for Cupertino measures appearing on the
November 8, 2016 ballot, the City Council determines that a change in the
deadlines established in Resolution 16-029 is appropriate; and
118
Resolution No. 16-__ Page 2
WHEREAS, the related Resolutions 16-028 and 16-030, also adopted on
March 31, 2016, are not affected by this Resolution.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That Resolution 16-029 be amended to reflect the following
revised deadlines for ballot arguments and the impartial analysis regarding the ballot
measure placed on the ballot by Resolution No. 16-029:
Primary arguments for and against the ballot measure shall be submitted
to the City Clerk by 5:00 p.m. on August 15, 2016;
Rebuttal arguments shall be submitted to the City Clerk by 5:00 p.m. on
August 22, 2016; and
The impartial analysis shall be filed by 5:00 p.m. on August 22, 2016.
SECTION 2. That the deadlines for primary and rebuttal arguments and the
impartial analysis set forth in Section 1 shall apply to any other City of Cupertino
measure that is placed on the November 8, 2016 ballot, unless the City Council
provides otherwise.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 3rd day of May, 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
778544.4
119
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1418 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:1/25/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Annual Report on the Pavement Management Program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - MTC 2015 Regional Pavement Condition Summary Report
B - Street-by-street listing of improvements to be completed by the 2016 Pavement Management
C - Street-by-street listing of improvements completed by the FY15/16 Pavement Management
Action ByDate Action ResultVer.
City Council5/3/20161
Subject: Annual Report on the Pavement Management Program
Receive the report. No action is required.
CITY OF CUPERTINO Printed on 4/28/2016Page 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: May 3, 2016
Subject
Annual Report on the Pavement Management Program.
Recommended Action
Receive the report. No action is required.
Discussion
Cupertino’s street network is over 138 miles in length and covers approximately 8% of
the total area of the City. The network is an essential asset to businesses, residents and
visitors and is among the most valuable assets maintained by the City. The replacement
value of the network is over $340M.
A properly designed street will typically last 20 years without the need of total
reconstruction. However if some conditions change, such as more and/or heavier traffic,
then reconstruction may be needed sooner. Extending the life of pavement, as opposed
to the replacement of pavement, is the goal of the pavement management program.
Over the last three years substantial funding and effort has been provided to the
program that had been in spiraling decline during the years of the recession. These
program resources are extending the life and improving the condition of Cupertino’s
street network. Similar to other durable assets, timely maintenance of the street network
will result in overall reduced costs and more convenience to the community.
The Metropolitan Transportation Commission (MTC) will be releasing to the press the
“2015 Regional Pavement Condition Summary Report” in the next few weeks. Staff, as a
member of the MTC Local Streets and Roads Working Group, has received the final
report (Attachment A) and is pleased to inform Council that the street network
pavement condition index (PCI) for Cupertino has risen to 70. Figure 1 shows this value
as well as the PCI values for arterial, collector and residential streets for the last three
years. Figure 1 also shows what is estimated for PCI values by the end of 2016.
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Figure 1
59 60
66 6966
77 78 80 79
67 70 73
50
55
60
65
70
75
80
85
90
95
100
2013201420152016
(estimated)
Pa
v
e
m
e
n
t
C
o
n
d
i
t
i
o
n
I
n
d
e
x
Arterial
Collector
Residential
Network PCI
For reference, a PCI value of 80-100 (Very Good–Excellent) represents a newly
constructed or resurfaced pavement with few signs of distress; a PCI value of 70-79
(Good) represents pavement requiring mostly preventive maintenance and showing
only low levels of distress; a PCI value of 60-69 (Fair) represents a pavement at the low
end of this range as significantly distressed that may require a combination of
rehabilitation and preventive maintenance; a PCI value of 50-59 (At Risk) represents
deteriorated pavement requiring immediate attention, including rehabilitative work ; a
PCI value of 25-49 (Poor) represents a pavement showing extensive distress and
requiring major rehabilitation or reconstruction; and a PCI value of 0-24 (Failed)
represents extremely rough pavement that needs complete reconstruction.
The street network PCI is calculated by weighting the areas of arterial, collector and
residential streets to the total combined area. Figure 2 represents the percent of total
network area by arterial, collector and residential streets.
Figure 2
Residential, 70.9%
Arterial, 12.2%
Collector, 16.9%
Residential streets represent the largest portion at over 70% of the total area. With
residential streets having the largest area, their PCI value has the greatest contribution
to the cumulative street network PCI. The program in 2015 focused on residential
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3
streets with well over 100 streets improved. Residential streets will continue to be the
focus of the 2016 program and will be done without adversely affecting the arterial and
collector streets as these streets were substantially improved in the 2013 and 2014
programs.
Budget Options Report
The MTC StreetSaver program provides the ability to run various budget scenarios.
Based on a series of assumptions, StreetSaver allocates available funds across the street
network, recommends improvements, and forecasts future PCI if recommendations are
implemented. Staff periodically updates values in StreetSaver in order to align current
costs with the type of pavement treatment recommended at various PCI values. For
example, a residential PCI of 25 typically requires spot repairs and a 2.5” asphalt
overlay with paving fabric, while a street with a PCI of 75 will require a much less
costly preventative slurry treatment.
The two funding scenarios detailed below are a 5-year look-ahead and provide useful
“what if” information on expected PCI and deferred maintenance values that may occur
at varying levels of funding.
Scenario 1 Maintain PCI after year 1
This maintains a PCI of 70. The required annual funding to maintain PCI at 70 is as
follows:
$3.75M per year 2017-2020
Deferred maintenance relatively constant $16.2 to $16.7M
PCI value at end of 2020 is 70
Scenario 2 Raise PCI to 80 by 2020
The required annual funding to achieve a PCI of 80 by 2020 is as follows:
$6.5M per year 2017-2020
Deferred maintenance decreases to $5.2M
PCI value at end of 2020 is 80
In Scenario 2, arterial, collector and residential street areas on average will all have a
PCI of 80 or above. Having the average PCI of arterial, collector and residential streets
all above 80 allows staff to apply timely and cost-effective preventative treatments as
they are needed, resulting in significant savings over time.
2016 Pavement Management Project
The 2016 Pavement Maintenance Project opened bids on November 10, 2015 and is
scheduled to start at the end of this coming June. A street-by-street listing of this project
is included in Attachment B and will be available for residents to view online, as will
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the current PCI values for all streets. Streets completed in FY15/16 projects are included
as Attachment C.
Note that the street listing in Attachment B may be modified as unforeseen conditions
arise.
Sustainability Impact
Not applicable.
Fiscal Impact
Funding for the 2016 Pavement Management program was approved in the FY 15/16
operating budget. There is no fiscal impact for this annual report.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
JoAnne Johnson, Senior Engineer Technician
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – MTC 2015 Regional Pavement Condition Summary Report
B – Street-by-street listing of improvements to be completed by the 2016 Pavement
Management Project
C – Street-by-street listing of improvements completed by the FY15/16 Pavement
Management Projects
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127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
2016 PAVEMENT MANAGEMENT PROJECT
LIST OF STREETS
ATTACHMENT B
STREET NAME FROM TO TYPE OF WORK
ALVES DE ANZA BLVD BANDLEY STRIPING ENHANCEMENTS
AMHERST PORTAL END OVERLAY
AMISTAD CT VOSS END OVERLAY
BAHL ST VISTA KNOLL AINSWORTH OVERLAY
BARBARA LN PEPPER TREE SCOFIELD OVERLAY
BARNHART AVE MORETTI STERLING OVERLAY
BARRANCADR HOMESTEAD PENINSULAR OVERLAY
BAXLEY CT LINDA VISTA END OVERLAY
BILICH WHEATON END OVERLAY
BONNY DR PEPPER TREE MC CLELLAN OVERLAY
CAROLINE DR MAXINE PENNINSULAR OVERLAY
CAROLLEE DR WHEATON CHAVOYA OVERLAY
CAMARDA CT RANDY END OVERLAY
CANYON OAK WAY 21100 CANYON OAK MANZANITA OVERLAY
CARTA BLANCA ST VISTA KNOLL AINSWORTH OVERLAY
CARVER DR TUGGLE PENDERGAST OVERLAY
CHACE STARLING END OVERLAY
CHAVOYA CAROL LEE RANDY OVERLAY
CRESTLINE DR SHADOWHILL CANDLELIGHT OVERLAY
CUPERTINO RD CRESCENT STEVENS CREEK OVERLAY
FARALLONE DR BOLLINGER JOHN OVERLAY
FITZGERALD DR STOKES AV DEMPSTER OVERLAY
FOREST AVE RANDY LN W BLANDY OVERLAY
GARDENA CT GARDENA DR END OVERLAY
GARDENA DR CASTINE STELLING OVERLAY
HALE PL GARDENA DR END OVERLAY
HIBISCUS CT HIBUSCUS DR END OVERLAY
HIBISCUS DR BARRANCA MAXINE OVERLAY
HOLLYHEAD LN SQUIREWOOD END OVERLAY
HUNTER WY MORENGO CARVER OVERLAY
HUNTERSTON PL ROBINDELL ORION OVERLAY
JOHN DR BLANEY FARALLONE OVERLAY
KENDLE ST VISTA KNOLL AINSWORTH OVERLAY
LA RODA CT LA RODA END OVERLAY
LA RODA DR SUISUN END OVERLAY
LINDA ANNCT CHACE END OVERLAY
LINDA VISTA DR SANTA TERESA HYANNISPORT OVERLAY
LOCKWOOD DR ALCALDE VOSS OVERLAY
LOREE AVE MORETTI CALVERT OVERLAY
LOREE AVE STERLING JOHNSON OVERLAY
MCCLELLAN RD SEPTEMBER DR DE ANZA BLVD DIG OUTS
MCCLELLAN RD MCCLELLAN ORANGE BLOSSOM STRIPING ENHANCEMENTS
MERRIMAN RD VOSS END OVERLAY
MYER PL WHEATON END OVERLAY
PATRIC CT FARALLONE END OVERLAY
145
2016 PAVEMENT MANAGEMENT PROJECT
LIST OF STREETS
ATTACHMENT B
PENINSULA AVE STEVENS CREEK FITZGERALD OVERLAY
PENNINSULAR AVE CAROLINE BARRANCA OVERLAY
PEPPER TREE LN STELLING BONNY OVERLAY
RANDY LN FOREST AVE STEVENS CREEK OVERLAY
SAN LEANDRO AVE MCCLELLAN SANTA PAULA OVERLAY
SAN JUAN RD CORDOVA STEVENS CANYON LEVELING
SCOFIELD BARBARA WESTERN OVERLAY
RIEDEL WHEATON END OVERLAY
STELLING RD I-280 BRIDGE STEVENS CREEK BLVD DIG OUTS
STELLING RD MCCLELLAN STEVENS CREEK BLVD STRIPING ENHANCEMENTS
STEVENS CREEK BLVD SR 85 FOOTHILL BLVD STRIPING ENHANCEMENTS
WALLACE BARRANCA MAXINE OVERLAY
WEST HILL CT WESTHILL END OVERLAY
WEST HILL LN STELLING END OVERLAY
WOLFE RD VALLCO PKWY STEVENS CREEK BLVD DIG OUTS
WHEATON DR PORTAL EAST (END)OVERLAY
WHEATON DR BLANEY N PORTAL OVERLAY
WHEATON DR W BLANEY CAROL LEE OVERLAY
WILKINSON AVE HYANNISPORT COLUMBUS OVERLAY
146
FY 15/16 PAVEMENT MANAGEMENT PROJECTS
STREET LIST
ATTACHMENT C
STREET NAME FROM TO TREATMENT TYPE
ALCAZAR AVE BYRNE IMPERIAL AV.LEVELING
ALMADEN AVE ORANGE BYRNE LEVELING
ALPINE DR HENEY CREEK FOOTHILL OVERLAY
AMULET PL AMULET DR END OVERLAY
AUGUST LN SEPTEMBER END OVERLAY
AVENIDA LN ALCALDE RD END OVERLAY
BALUSTROL CT DEEP CLIFF END OVERLAY
BELLEVUE AVE CARMEN END LEVELING
BERLAND CT STELLING END SLURRY/CRACK SEAL
BLANEY AVE OLIVEWOOD 250' S/O OLIVEWOOD OVERLAY
BLANEY AVE LUCILLE OLIVEWOOD OVERLAY
BOLLINGER RD DE ANZA WESTLYNN SLURRY SEAL
BOLLINGER RD MILLER HYDE STRIPING ENCHANCEMENTS
BRET AVE TILSON LOREE OVERLAY
BREWER AVE MILFORD DEXTER OVERLAY
BROOKWELL DR ALDERBROOK ALDERBROOK OVERLAY
BUBB STEVENS CREEK MCCLELLAN STRIPING ENCHANCEMENTS
BYRNE AVE MCCLELLAN BYRNE CT LEVELING
BYRNE CT BYRNE AVE END LEVELING
CALIFORNIA OAK WY STEVENS CREEK MAJESTIC OAK OVERLAY
CALVERT DR TILSON MENHART OVERLAY
CARMEN RD SCENIC END HOO HOO LEVELING
CEDAR TREE CT CEDAR TREE END OVERLAY
CEDAR TREE LN ORANGE TREE BLANEY OVERLAY
CHARSAN LN RAINBOW END SLURRY/CRACK SEAL
CHISHOLM AVE DEXTER MILFORD OVERLAY
COLBY AVE WHEATON MERRITT OVERLAY
COLONY HILLS LN HEATHERWOOD TIPTOE OVERLAY Leveling over trench failure
COLUMBUS AVE VAI BUBB SLURRY SEAL
CRAIG CT PARADISE END OVERLAY
CRISTO REY DR N/O ROUNDABOUT RANCHO SAN ANTONIO PARK EXIT (CL)SLURRY SEAL
CRISTO REY DR THE FORUM CITY LIMITS SLURRY SEAL
DE ANZA CIR DREA DREA OVERLAY
DEEP CLIFFE DR RIVERSIDE ST ANDREWS OVERLAY
DEMPSTER AVE STOKES FITZGERALD OVERLAY
DENISON AVE WHEATON MERRITT OVERLAY
DOLORES AVE ORANGE BYRNE LEVELING
DREA RD RIVERSIDE DE ANZA CIR OVERLAY
DRYDEN AVE SHATTUCK RUCKER OVERLAY
ECHO HILL CT STELLING END SLURRY/CRACK SEAL
ELDERWOOD CT TUSCANY END SLURRY/CRACK SEAL
ENGLISH OAK WY MAJESTIC OAK ANTHONY OVERLAY
FALL CT SEPTEMBER END OVERLAY
FARALLONE DR JOHN PACIFICA OVERLAY
FESTIVAL CT SEPTEMBER END OVERLAY
FESTIVAL DR SEPTEMBER END OVERLAY
147
FY 15/16 PAVEMENT MANAGEMENT PROJECTS
STREET LIST
ATTACHMENT C
FESTIVAL DR NOVEMBER DR.END OVERLAY
FIESTA LN SEPTEMBER NOVEMBER OVERLAY
FINCH AVE PHIL STEVENS CREEK STRIPING ENCHANCEMENTS
FRANCO CT HOMESTEAD 222' S OF HOMESTEAD OVERLAY
GATE OF HEAVEN CEMETERYCRISTO REY DR GATE SLURRY/CRACK SEAL
GRANADA AVE BYRNE IMPERIAL LEVELING
HAMMOND WY W END W END SLURRY SEAL
HENEY CREEK PL SOUTH END NORTH END OVERLAY
HERMOSA AVE BYRNE ORANGE LEVELING
HOLLANDERRY PL SCOTLAND HOLLYHEAD OVERLAY
HOMESTEAD RD MARY STELLING STRIPING ENCHANCEMENTS
HYDE SHADY GROVE BOLLINGER STRIPING ENCHANCEMENTS
IMPERIAL AVE STEVENS CREEK 10290 IMPERIAL (END BUSINESS DIST)SLURRY/CRACK SEAL
JANICE AVE CARMEN CASS OVERLAY
JOHN DR E ESTATES BLANEY OVERLAY
JOHNSON AVE NEWSOM WUNDERLICH OVERLAY
JUDY AVE TILSON STEVENS CREEK OVERLAY
KENMORE CT FESTIVAL END OVERLAY
LA PLAYA CT MONROVIA END OVERLAY
LAZANEO DR DE ANZA VISTA OVERLAY
LEAVESLEY PL SHATTUCK END OVERLAY
LEONG CT NOVEMBER END OVERLAY
LINDA VISTA PL LINDA VISTA END OVERLAY
LINDENBROOK DR E ESTATES BLANEY OVERLAY
LOMITA AVE IMPERIAL BYRNE LEVELING
LOREE AVE TANTAU STERN OVERLAY
LUCILLE AVE BLANEY END OVERLAY
MAJESTIC OAK WY CALIFORNIA OAK ENGLISH OAK OVERLAY
MANITA CT RAINBOW END OVERLAY
MAXINE DR 250 FT S/O HOMESTEADCAROLINE OVERLAY
MC CLELLAN RD LINDA VISTA DR FOOTHILL OVERLAY
MC CLELLAN RD DE ANZA STELLING STRIPING ENCHANCEMENTS
MC CLELLAN RD ORANGE BYRNE STRIPING ENCHANCEMENTS
MC LAREN PL WHEATON END OVERLAY
MEDICUS CT STERLING END OVERLAY
MELISSA CT VOSS END OVERLAY
MERCEDES RD CORDOVA END DOUBLE CHIP
MILLER AVE STEVENS CREEK CALLE DE BARCELONA RUBBERIZED CHIP SEAL W/ SLURRY SEAL
MINAKER CT GRANADA END LEVELING
MIRA VISTA RD PALM MC CLELLAN OVERLAY
MONROVIA ST REGNART BUBB OVERLAY
MORENGO DR TUGGLE PL END OVERLAY
MURIEL LN TANTAU END OVERLAY
NANCY CT PARADISE END OVERLAY
NATHANSON AVE METEOR END OVERLAY
NOVEMBER DR FESTIVAL OCTOBER OVERLAY
OAKCREST CT HENEY CREEK END OVERLAY
148
FY 15/16 PAVEMENT MANAGEMENT PROJECTS
STREET LIST
ATTACHMENT C
OCTOBER WY SEPTEMBER NOVEMBER OVERLAY
ORANGE AVE GRANADA STEVENS CREEK LEVELING
ORANGE BLOSSOM DRASTER PRIMROSE OVERLAY
ORANGE TREE LN MERRITT CEDAR TREE OVERLAY
ORCHARD CT CRESCENT RD END OVERLAY
PASADENA AVE GRANADA STEVENS CREEK SLURRY/CRACK SEAL
RAINBOW DR STELLING BUBB OVERLAY
RIVERCREST CT CRESTON END OVERLAY
RIVERSIDE DR STEVENS CANYON DREA OVERLAY
RIVIERA RD SCENIC END SLURRY/CRACK SEAL
ROSARIO AVE BUBB MARIA ROSA OVERLAY
RUMFORD DR ANSON CASTINE OVERLAY
RUNO CT STERLING END OVERLAY
SALEM DR FOOTHILL ALPINE OVERLAY
SAN FERNANDO AVE ORANGE S END LEVELING
SANTA PAULA AVE FOOTHILL MIRA VISTA OVERLAY
SB DE ANZA BLVD 371'N OF PROSPECT RD RROSPECT RD MILL AND FILL
SB DE ANZA BLVD 371' N OF BOLLINGER BOLLINBER RD MILL AND FILL
SCENIC BLVD CARMEN SCENIC CIR LEVELING
SCENIC CIR SCENIC BLVD SCENIC CIR SLURRY/CRACK SEAL
SCENIC CT SCENIC CIR END SLURRY/CRACK SEAL
SEPTEMBER CT SEPTEMBER END OVERLAY
SEPTEMBER DR MC CLELLAN END OVERLAY
SERRA ST CANYON OAK END OVERLAY
SHATTUCK DR SANTA TERESA DRYDEN OVERLAY
SILVER OAK WY FOOTHILL END OVERLAY
ST ANDREWS AVE DEEP CLIFF STEVENS CANYON OVERLAY
STAFFORD DR SUNDERLAND ELMSFORD OVERLAY
STELLING RD STEVENS CREEK SR-85 RUBBERIZED CHIP SEAL W/ SLURRY SEAL
STERLING BLVD CYNTHIA AV RUNO OVERLAY
STOKES AVE DEMPSTER END OVERLAY
SUNDERLAND DR YORKSHIRE STAFFORD OVERLAY
SUTTON PARK PL TANTAU END OVERLAY
TANTAU PHIL BOLLINGER STRIPING ENCHANCEMENTS
TIPTOE LN KENTWOOD WESTLYNN OVERLAY Leveling over trench failure
TUSCANY PL S END N END SLURRY/CRACK SEAL
TWILIGHT CT BLANEY END OVERLAY
VAI AVE BUBB COLUMBUS SLURRY SEAL
VICEROY CT ALPINE END OVERLAY
VILLA DE ANZA LUCILLE BLANEY OVERLAY
VISTA DR LAZANEO STEVENS CREEK OVERLAY
VOSS AVE FOOTHILL KRISTA CT OVERLAY
WHITNEY WY PACIFICA CLAY OVERLAY
149
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1657 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:4/21/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Construction Project Updates
Sponsors:
Indexes:
Code sections:
Attachments:
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City Council5/3/20161
Subject: Construction Project Updates
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1374 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:1/14/2016 City Council
On agenda:Final action:5/3/2016
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
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Subject: Report on Committee assignments and general comments
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