10-03-2017 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:30 PM
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, October 3, 2017
Non-televised Special Meeting Closed Session (5:30) and Televised Regular Meeting (6:45)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO
CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, October 03, 2017, commencing at 5:30 p.m.
in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California
95014. Said special meeting shall be for the purpose of conducting business on the
subject matters listed below under the heading, “Special Meeting." The regular
meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber,
10350 Torre Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL
CLOSED SESSION - 5:30 PM
City Hall Conference Room A, 10300 Torre Avenue
1.Subject: Conference with Legal Counsel - Anticipated Litigation: Significant
Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9 - Two Cases
2.Subject: Conference with Real Property Negotiators (Government Code Section
54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm
Borden; Negotiating Parties: City of Cupertino and San Jose Water Company;
Under Negotiation: Terms for City Leased Asset
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1
October 3, 2017City Council AGENDA
3.Subject: Conference with Real Property Negotiators pursuant to Government
Code Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California;
APN 357-11-020. Agency Negotiators: David Brandt, Jeff Milkes. Negotiating
Parties: Susan Sievert, on behalf of The Patricia L. Sievert Trust. Under
Negotiation: Price and terms of payment
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Proclamation recognizing Monta Vista High School student Karen Ma for
her great efforts to help promote City trees
Recommended Action: Present proclamation recognizing Monta Vista High School
student Karen Ma for her great efforts to help promote City trees
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 September 19 City Council minutes
Recommended Action: Approve the September 19 City Council minutes
A - Draft Minutes
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October 3, 2017City Council AGENDA
3.Subject: Award and authorize the City Manager to execute a construction contract
for the Retaining Wall Replacement-Regnart Road Project (Project No. 2017-12)
Recommended Action: 1. Award and authorize the City Manager to execute a
construction contract for the Retaining Wall Replacement-Regnart Road Project with
DMZ Builders in the amount of $343,133; and 2. Authorize a construction
contingency budget of $34,000, approximately 10% of the contract amount, to
address unforeseen conditions during construction, for a total of $377,133
Staff Report
A - Draft Contract
4.Subject: Cancel the January 2, 2018 City Council meeting
Recommended Action: Cancel the January 2, 2018 City Council meeting
A - Staff Report
5.Subject: Receive report on commissions and committees with terms expiring
January 30, 2018, and select an application deadline date of January 12, 2018 and
interview dates of January 22 and 23, 2018.
Recommended Action: a.) Receive report on commissions and committees with
terms expiring January 30, 2018; and
b.) Set the application deadline date of 4:30 p.m. on Friday, January 12, 2018 and
interviews beginning at 5:00 p.m. on Monday and Tuesday, January 22 and 23 for
commissions with terms expiring January 30, 2018.
Staff Report
A - Appointments List and Notice of Commission Terms Expiring in 2018
SECOND READING OF ORDINANCES
6.Subject: Second Reading of Ordinance 17-2168 adding Chapter 14.02 to the
Cupertino Municipal Code to Adopt and Implement the City's Transportation
Impact Fee Program
Recommended Action: Conduct the second reading and enact Ordinance No.
17-2168: "An Ordinance of the City Council of the City of Cupertino adding Chapter
14.02 to the Cupertino Municipal Code to Adopt and Implement the City's
Transportation Impact Fee Program"
Staff Report
A - Draft Ordinance
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
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October 3, 2017City Council AGENDA
7.Subject: Approval of the Library Commission's recommendation of Kaecey
McCormick for the appointment of the new Cupertino Poet Laureate
Recommended Action: Adopt Resolution No. 17-096 approving the Library
Commission recommendation and appoint the new Cupertino Poet Laureate
Staff Report
A - Draft Resolution
REPORTS BY COUNCIL AND STAFF
8.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
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October 3, 2017City 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.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3053 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:9/25/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation
pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 -
Two Cases
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3054 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:9/25/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property:
Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of
Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Real Property Negotiators (Government Code Section 54956.8);
Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating
Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City
Leased Asset
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3013 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:5/30/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.
Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency Negotiators: David
Brandt, Jeff Milkes. Negotiating Parties: Susan Sievert, on behalf of The Patricia L. Sievert Trust.
Under Negotiation: Price and terms of payment
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Real Property Negotiators pursuant to Government Code Section
54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency
Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan Sievert, on behalf of The
Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3031 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:9/18/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Proclamation recognizing Monta Vista High School student Karen Ma for her great efforts to
help promote City trees
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Proclamation recognizing Monta Vista High School student Karen Ma for her great
efforts to help promote City trees
Present proclamation recognizing Monta Vista High School student Karen Ma for her great
efforts to help promote City trees
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2057 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:10/3/2017
Title:Subject: Approve the September 19 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Approve the September 19 City Council minutes
Approve the September 19 City Council minutes
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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1
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 19, 2017
SPECIAL CITY COUNCIL MEETING
At 4:45 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in the
City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf, and Rod Sinks.
Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue for the Regular Meeting.
CLOSED SESSION
1. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of
subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City
of Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Santa
Clara County Superior Court Case No. 115CV281214
Mayor Vaidhyanathan reported that the City Council gave direction to staff.
2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section
54956.9 - One Case
Mayor Vaidhyanathan reported that the City Council gave direction to staff.
3. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section
54956.9 - Two Cases
Mayor Vaidhyanathan reported that the City Council gave direction to staff.
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City Council Minutes September 19, 2017
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4. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8);
Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden;
Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation:
Terms for City Leased Asset
John Tang from San Jose Water Company spoke on this item.
Mayor Vaidhyanathan reported that the City Council gave direction to staff.
REGULAR CITY COUNCIL MEETING
ROLL CALL
At 6:45 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in
the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf, and Rod Sinks.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Citywide Parks and Recreation System Master Plan Update
Recommended Action: Accept update on the Citywide Parks and Recreation System
Master Plan ("Master Plan") and provide direction
Written communications for this item included a staff presentation and Parks &
Recreation System Master Plan handout.
Recreation and Community Services Director Jeff Milkes introduced the item and Park
Restoration and Improvement Manager Gail Seeds and MIG Senior Project Manager
Cindy Mendoza.
MIG Consultant Cindy Mendoza reviewed the staff report and presentation.
Accepted update on the Citywide Parks and Recreation System Master Plan ("Master
Plan") and provided the following feedback and comments:
Supports including a year-round swimming pool open to the public.
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City Council Minutes September 19, 2017
3
Park distribution and access slide and comparative sizes of the parks as
represented on the map-- convey residential access to parks in a manner that
conveys nearby park acreage and conveys park acreage discrepancies in different
areas of the city, not just proximity to a park of any size.
Look into ways to transport residents in low density park area (east side) to high
density park area (west side). Consider closing certain streets to cars (one way
only) and allowing walking/biking only. Supports a performing arts center.
Maps in Portable Document Format (PDF) to scale that would be easier to read.
Need parks on all sides of town; supports having or acquiring a pool; supports a
community theater.
Wayfinding signs on trails and paths; energize local parks based on the
neighborhood. Supports a theater and a swimming pool.
Mayor Vaidhyanathan opened public comment.
Jennifer Griffin talked about a trust fund set up in the City for future park purchases in
which residents and business can contribute.
Mayor Vaidhyanathan closed public comment.
2.Subject: Presentation from the Parks and Recreation Commission regarding the Work Plan
for Fiscal Year 2017-2018
Recommended Action: Receive the presentation from the Parks and Recreation
Commission regarding the Work Plan for Fiscal Year 2017-2018
Written communications for this item included a presentation.
Parks and Recreation Commission Chair Helene Davis gave the presentation.
Council received the presentation from the Parks and Recreation Commission regarding
the Work Plan for Fiscal Year 2017-2018.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Randy Shingai talked about the size of the proposed Stevens Creek Urban Villages hotel
(distributed written comments).
13
City Council Minutes September 19, 2017
4
Jennifer Griffin talked about the proposed Stevens Creek Urban Villages development.
CONSENT CALENDAR
Sinks moved and Chang seconded to approve the items on the Consent Calendar as presented.
Ayes: Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent:
None. Recuse: Sinks on item number 4.
3. Subject: Approve the September 5 City Council minutes
Recommended Action: Approve the September 5 City Council minutes
4. Subject: Contract amendments for professional building department and public inspection
services for Apple Campus 2
Recommended Action: Staff recommends that the City Council: 1. Authorize the City
Manager to: a. Execute the Third Amendment to Agreement 14-028 with 4LEAF, Inc. for
Apple Campus 2 Phase 1 building inspection services and public works inspection
services to increase the previously authorized contract amount by $1,829,890 for a total
amount not to exceed $16,956,368; and b. Execute the Second Amendment to Agreement
15-146 with 4LEAF, Inc. for Apple Campus 2 Phase 2 building inspection services to
increase the previously authorized contract amount by $524,068 for a total amount not to
exceed $1,438,855; and 2. Authorize the City Manager to execute contract amendments to
the extent that the costs are recovered from the project applicant; and 3. Approve the
budget allocations necessary to execute the contract amendments
5. Subject: Accept Accounts Payable for the period ending August 11, 2017
Recommended Action: Adopt Resolution No. 17-091 accepting Accounts Payable for the
period ending August 11, 2017
6. Subject: Accept Accounts Payable for the period ending August 18, 2017
Recommended Action: Adopt Resolution No. 17-092 accepting Accounts Payable for the
period ending August 18, 2017
7. Subject: Accept Accounts Payable for the period ending August 25, 2017
Recommended Action: Adopt Resolution No. 17-093 accepting Accounts Payable for the
period ending August 25, 2017
8. Subject: Accept Accounts Payable for the period ending September 1, 2017
Recommended Action: Adopt Resolution No. 17-094 accepting Accounts Payable for the
period ending September 1, 2017
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City Council Minutes September 19, 2017
5
SECOND READING OF ORDINANCES
9. Subject: Zoning Amendment to make minor corrections to the zoning map. Application
No(s): Z-2017-01; Applicant(s): City of Cupertino; Location: Citywide
Recommended Action: Conduct a second reading and enact Ordinance No. 17-2166:
“Ordinance of the City Council of the City of Cupertino approving amendments to the
zoning map to correct inconsistencies between the City of Cupertino’s records and certain
map designations as shown in Exhibit A”
City Clerk Grace Schmidt read the title of the ordinance.
Sinks moved and Chang seconded to read Ordinance No. 17-2166 by title only and that
the City Clerk’s reading would constitute the second reading thereof. Ayes:
Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent:
None.
Sinks moved and Chang seconded to enact Ordinance No. 17-2166 by title only and that
the City Clerk’s reading would constitute the second reading thereof. Ayes:
Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent:
None.
PUBLIC HEARINGS
10. Subject: Extension of an Urgency Ordinance imposing a moratorium on all commercial,
non-medical marijuana land uses including dispensaries, marijuana cultivation and
cultivation facilities, commercial cannabis activities and marijuana transport and
deliveries. (Application No.: MCA-2016-06; Location: City-wide; Applicant: City of
Cupertino)
Recommended Action: That the City Council: 1. Find that the proposed actions are
exempt from CEQA; and 2. Enact Urgency Ordinance No. 17-2167: “An Interim Urgency
Ordinance of the City Council of the City of Cupertino Extending Moratorium on Non-
Medical Marijuana Dispensaries, Marijuana Cultivation and Cultivation Facilities,
Commercial Cannabis Activities and Marijuana Transport and Deliveries within the City
of Cupertino Pending Completion of an Update to the City’s Zoning Code”
Written communications for this item included a staff presentation.
Principal Planner Piu Ghosh reviewed the staff report.
Councilmember Chang stepped away from the dais.
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City Council Minutes September 19, 2017
6
Mayor Vaidhyanathan opened the public hearing. Seeing no speakers, Mayor
Vaidhyanathan closed the public hearing.
City Clerk Grace Schmidt read the title of the ordinance.
Sinks moved and Vaidhyanathan seconded to read Interim Urgency Ordinance No. 17-
2167 by title only and that the City Clerk’s reading would constitute the only reading
thereof. Ayes: Vaidhyanathan, Paul, Scharf, and Sinks. Noes: None. Abstain: None.
Absent: Chang.
Sinks moved and Vaidhyanathan seconded to enact Interim Urgency Ordinance No. 17-
2167. Ayes: Vaidhyanathan, Paul, Scharf, and Sinks. Noes: None. Abstain: None. Absent:
Chang.
Councilmember Chang returned to the dais.
11.Subject: Adoption of City of Cupertino Transportation Impact Fee Program and Approval
of Fees
Recommended Action: 1. Conduct the first reading of Ordinance No. 17-2168 Adding
Chapter 14.02 to the Cupertino Municipal Code To Adopt And Implement The City’s
Transportation Impact Fee Program As Shown In Exhibit 1" (Attachment A); and 2. Adopt
Resolution No. 17-095 Adopting A Transportation Impact Fee And Amending Schedule B
Of The 2017-18 Fee Schedule To Include The New Transportation Impact Fee As Shown in
Exhibit 1 (Attachment B)
Director of Public Works Timm Borden reviewed the staff report.
Mayor Vaidhyanathan opened the public hearing and the following individuals spoke:
Jennifer Griffin
Mayor Vaidhyanathan closed the public hearing.
City Clerk Grace Schmidt read the title of the ordinance.
Sinks moved and Chang seconded to read Ordinance No. 17-2168 by title only and that
the City Clerk’s reading would constitute the first reading thereof. Ayes:
Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent:
None.
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City Council Minutes September 19, 2017
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Sinks moved and Chang seconded to adopt Resolution No. 17-095 adopting a
Transportation Impact Fee and amending Schedule B of the 2017-18 Fee Schedule to
include the new Transportation Impact Fee as shown in Exhibit 1 (Attachment B). The
motion carried unanimously.
ORDINANCES AND ACTION ITEMS - None
REPORTS BY COUNCIL AND STAFF
12. Subject: Service Center Administration Building with Emergency Operations Center
(EOC) Feasibility Study and Facility Master Plan
Recommended Action: Receive the Service Center Administration Building with
Emergency Operations Center Feasibility Study and Facility Master Plan
Written communications for this item included a staff presentation.
Director of Public Works Timm Borden reviewed the staff report.
Council received the Service Center Administration Building with Emergency Operations
Center Feasibility Study and Facility Master Plan.
13. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt said that a summary of the recently passed State bills would
be given to Council in the weekly Items of Interest.
Council members highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 9:50 p.m., Mayor Vaidhyanathan adjourned the meeting .
________________________________
Grace Schmidt, City Clerk
17
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3040 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/19/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Award and authorize the City Manager to execute a construction contract for the Retaining
Wall Replacement-Regnart Road Project (Project No. 2017-12)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Award and authorize the City Manager to execute a construction contract for the
Retaining Wall Replacement-Regnart Road Project (Project No. 2017-12)
1. Award and authorize the City Manager to execute a construction contract for the Retaining
Wall Replacement-Regnart Road Project with DMZ Builders in the amount of $343,133; and 2.
Authorize a construction contingency budget of $34,000, approximately 10% of the contract
amount, to address unforeseen conditions during construction, for a total of $377,133
CITY OF CUPERTINO Printed on 9/27/2017Page 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: October 3, 2017
Subject
Award and authorize the City Manager to execute a construction contract for the
Retaining Wall Replacement-Regnart Road Project (Project No. 2017-12).
Recommended Action
1. Award and authorize the City Manager to execute a construction contract for the
Retaining Wall Replacement-Regnart Road Project with DMZ Builders in the
amount of $343,133; and
2. Authorize a construction contingency budget of $34,000, approximately 10% of the
contract amount, to address unforeseen conditions during construction, for a total of
$377,133.
Description
The Retaining Wall Replacement-Regnart Road Project will remove and replace a failing
retaining wall located on Regnart Road, near Regnart Canyon Drive.
Discussion
The existing wooden wall is approximately 100 feet in length and varies from three to
four feet in height. Several of the vertical supports and lagging sections have started to
fail, increasing the possibility of sudden failure.
The replacement structure will be made of reinforced concrete and will provide a long-
term solution for the support of the adjoining hillside.
The project was advertised for bids on August 24th, 2017 and bids were opened on
September 19th, 2017. Four bids were received, with the low bid amount approximately
2.5% over the engineer’s estimate. The low bid was received from DMZ Builders.
19
Bidder Bid Amount
Engineers Estimate $334,770.00
DMZ Builders $343,133.00
Granite Rock Company $389,599.00
Pleasanton Engineering Contractors $500,100.00
Bridgeway Civil Constructors $529,445.00
Staff recommends that Council award the contact and authorize the City Manager to
execute the construction contract for the Retaining Wall Replacement-Regnart Road
Project with DMZ Builders.
The project is scheduled to begin in October 2017 with completion within 40 calendar
days of the start of construction.
Sustainability Impact
None
CEQA
Exempt
Fiscal Impact
The FY 2017-2018 CIP budget for the Retaining Wall Replacement-Regnart Road Project
(budget unit 420-99-041) is adequate to implement the project. No additional
appropriation is needed.
_____________________________________
Prepared by: John Raaymakers, Public Works Project Manager
Reviewed by: Timm Borden, Director of Public Works Department
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Contract
20
1
Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino
(“City”), a municipal corporation, and DMZ Builders (“Contractor”), for work on the Retaining Wall
Replacement – Regnart Road, Project No. 2017-12, Project (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a
Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience
as Exhibit A, to perform the Work to construct the Project. On October 3, 2017, City
authorized award of this Contract to Contractor for the amount of Contractor’s bid.
2. Contract Documents. The Contract Documents incorporated into this Contract include
and are comprised of all of the following:
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment Bond, Performance Bond and, if required, a Warranty Bond;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Drawings and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Award;
2.12 Notice to Proceed;
2.13 City of Cupertino Standard Details; and
2.14 The following:
No other documents
3. Contractor’s Obligations. Contractor agrees to perform all of the Work required for the
Project, as specified in the Contract Documents. Contractor must provide, furnish, and
supply all things necessary and incidental for the timely performance and completion of the
Work, including all necessary labor, materials, supplies, tools, equipment, transportation,
and utilities, unless otherwise specified in the Contract Documents. Contractor must use its
best efforts to complete the Work in a professional and expeditious manner and to meet or
exceed the performance standards required by the Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract
Documents, City will pay Contractor $343,133.00 (the “Contract Price”) for all of
Contractor’s direct and indirect costs to perform the Work, including all labor, materials,
supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with
the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project within 40
calendar days from the commencement date given in the Notice to Proceed (“Contract
Time”). By signing below, Contractor expressly waives any claim for delayed early
completion.
6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
City will assess liquidated damages in the amount of $1,000.00 per day for each day of
21
2
unexcused delay in completion, and such liquidated damages may be deducted from City’s
payments due or to become due to Contractor under this Contract.
7.Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of
Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages,
working hours and workers’ compensation insurance.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements
applicable to the locality in which the Work is to be performed for each craft,
classification or type of worker needed to perform the Work, including employer
payments for health and welfare, pension, vacation, apprenticeship and similar
purposes. Copies of these prevailing rates are available online at
http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City will not enter into the Contract with a bidder without proof
that the bidder and its Subcontractors are registered with the California Department
of Industrial Relations to perform public work under Labor Code section 1725.5,
subject to limited legal exceptions.
8.Workers’ Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code
section 3700 which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the
Work on this Contract.”
9.Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of any
City ordinance or policy or in violation of any California law, including under Government
Code section 1090 et seq. and under the Political Reform Act as set forth in Government
Code section 81000 et seq. and its accompanying regulations. No officer, official,
employee, consultant, or other agent of the City (“City Representative”) may have,
maintain, or acquire a “financial interest” in the Contract, as that term is defined under the
Political Reform Act (Government Code section 81000, et seq., and regulations
promulgated thereunder); or under Government Code section 1090, et seq.; or in violation
of any City ordinance or policy while serving as a City Representative or for one year
thereafter. Any violation of this Section constitutes a material breach of the Contract.
10.Independent Contractor. Contractor is an independent contractor under this Contract and
will have control of the Work and the means and methods by which it is performed. Contractor
and its Subcontractors are not employees of City and are not entitled to participate in any health,
retirement, or any other employee benefits from City.
11.Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents
must be made in writing, signed, dated and sent to the other party by personal delivery,
U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file.
Notice is deemed effective upon delivery unless otherwise specified. Notice for each party
must be given as follows:
City:
Name: City of Cupertino
Address: 10300 Torre Avenue
City/State/Zip: Cupertino, CA 95014
22
3
Phone: 408-777-3354
Attn: Director of Public Works
Email: johnr@cupertino.org
Copy to: John Raaymakers
Contractor:
Name: Richard Zito
Address: 1717 Solano Way # 19
City/State/Zip: Concord, CA 94520
Phone: (925) 826-5387
Attn: tbd
Email: tbd
Copy to: tbd
12.General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations
under this Contract, in part or in whole, without City’s written consent. This
Contract is binding on Contractor’s and City’s lawful heirs, successors and
permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this
Contract except as expressly provided in the General Conditions or Special
Conditions.
12.3 Governing Law and Venue. This Contract will be governed by California law and
venue will be in the Superior Court of Santa Clara County, and no other place.
12.4 Amendment. No amendment or modification of this Contract will be binding
unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration; Severability. This Contract and the Contract Documents
incorporated herein, including authorized amendments or Change Orders thereto,
constitute the final, complete, and exclusive terms of the agreement between City
and Contractor. If any provision of the Contract Documents, or portion of a
provision, is determined to be illegal, invalid, or unenforceable, the remaining
provisions of the Contract Documents will remain in full force and effect.
12.6 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If Contractor is a corporation, signatures from two officers of
the corporation are required pursuant to California Corporation Code section 313.
[Signatures are on the following page.]
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4
The parties agree to this Contract as witnessed by the signatures below:
CONTRACTOR
DMZ Builders CITY OF CUPERTINO
A Municipal Corporation
By By ___________________________
Name_______________________ Timm Borden
Title Director of Public Works
Date _______________________ Date________________________
By RECOMMENDED FOR APPROVAL:
Name_______________________
Title By ____________________________
Date _______________________ Name___________________________
Title____________________________
Date____________________________
APPROVED AS TO FORM:
By ____________________________
Name__________________________
City Attorney
Date___________________________
ATTEST:
_____________________________
Grace Schmidt
City Clerk
Date____________________________
Contract Amount: $343,133.00
P.O. No. ________________________
Account No. 420-99-040-ST 020-03-01
END OF CONTRACT
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ATTACHMENT A
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ATTACHMENT A
26
ATTACHMENT A
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ATTACHMENT A
28
ATTACHMENT A
29
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3025 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/14/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Cancel the January 2, 2018 City Council meeting
Sponsors:
Indexes:
Code sections:
Attachments:A - Staff Report
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Cancel the January 2, 2018 City Council meeting
Cancel the January 2, 2018 City Council meeting
CITY OF CUPERTINO Printed on 9/27/2017Page 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: October 3, 2017
Subject
Cancel the January 2, 2018 City Council meeting
Recommended Action
Cancel the January 2, 2018 City Council meeting
Discussion
It has been past City Council practice to cancel the first meeting in January because City
Hall is closed between Christmas and New Year’s Day.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: None
31
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3026 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/14/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Receive report on commissions and committees with terms expiring January 30, 2018, and
select an application deadline date of January 12, 2018 and interview dates of January 22 and 23,
2018.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Appointments List and Notice of Commission Terms Expiring in 2018
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Receive report on commissions and committees with terms expiring January 30, 2018,
and select an application deadline date of January 12, 2018 and interview dates of January 22
and 23, 2018.
a.) Receive report on commissions and committees with terms expiring January 30, 2018; and
b.) Set the application deadline date of 4:30 p.m. on Friday, January 12, 2018 and interviews
beginning at 5:00 p.m. on Monday and Tuesday, January 22 and 23 for commissions with terms
expiring January 30, 2018.
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 3, 2017
Subject
Receive report on commissions and committees with terms expiring January 30, 2018,
and select an application deadline date of January 12, 2018 and interview dates of January
22 and 23, 2018.
Recommended Action
a.) Receive report on commissions and committees with terms expiring January 30, 2018;
and
b.) Set the application deadline date of 4:30 p.m. on Friday, January 12, 2018 and
interviews beginning at 5:00 p.m. on Monday and Tuesday, January 22 and 23 for
commissions with terms expiring January 30, 2018.
Background
Outreach for the annual recruitment of all commissions begins in October and the City
Council will interview applicants in January. Commissions with upcoming vacancies in
January 2018 include: Fine Arts Commission (1), Housing Commission (1), Parks and
Recreation Commission (1), Public Safety Commission (2), and Sustainability
Commission (2). Council will also have the option to designate alternates at the time of
the appointment of regular members.
Discussion
The City Council appoints members to 11 advisory commissions. Members serve
staggered, four-year terms with a two-term limit and must wait two years before they
can reapply for the same commission. The Cupertino Municipal Code specifies that the
term of office for the members of each commission shall end on January 30th of the year
their term is due to expire. No commissioner shall serve more than two consecutive terms
except if he or she has been appointed to fill an unscheduled vacancy for a term that is
less than two years.
Recruitment, appointment, and reappointment are governed by City Council Resolution
No. 16-137, and Government Code sections 54970-54974. The Teen Commission is
33
governed by Resolution No. 17-033 and follows a different appointment schedule and
structure.
Vacancies will be announced in October in the local news media, posted at City Hall,
Senior Center, Quinlan Community Center, and the Library, and included in the
Cupertino Scene and the City’s web site. Notices are also mailed to CERT graduates,
Neighborhood Block Leaders, Leadership 95014 graduates, the Chamber of Commerce,
service organizations, and other interested parties. Commissioners who have expired
terms and are eligible for reappointment are notified as well as those with applications
on file.
The attached list describes all the commissions, and lists the names of incumbents whose
terms are ending in January 2018. Applicants may apply for up to two commissions and
each applicant is interviewed for his or her preferred commission(s).
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - City of Cupertino Local Appointments List and Notice of Vacancies for 2018
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1
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
LOCAL APPOINTMENTS LIST
AND NOTICE OF COMMISSION TERMS EXPIRING IN 2018
NOTICE IS HEREBY GIVEN that residents are encouraged to apply for positions on City
commissions that will have vacancies in January of 2018. The application deadline is 4:30 p.m.
on Friday, January 12, 2018. Council will conduct interviews beginning at 5:00 p.m. on
Monday and Tuesday, January 22 and 23. Commissioners are interviewed and appointed by
the City Council, and may serve a total of two consecutive 4 -year terms. (The Teen
Commission has a different term structure). If a person is appointed to fill an unscheduled
vacancy that is less than two years, that partial term is not counted against the term limit.
Council may also designate alternates at the time of the appointment of regular members. All
meetings are open to the public. For more information or to apply for a commission, please
contact the City Clerk’s Office, 777-3223 or cityclerk@cupertino.org; or visit the City website
at www.cupertino.org/vacancies.
AUDIT COMMITTEE - No residency requirement
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
No terms expiring in
January 2018
The Committee consists of four or five members serving four-year terms. Two individuals
are members of City Council, and a minimum of two and a maximum of three are at large
members. The at large members shall not be officials or employees of the City, nor cohabit
with as defined by law, nor be related by blood or marriage to any member of the Committee,
the City Manager or staff person assigned to the Committee. An Audit Committee at large
member is not required to be a Cupertino resident, but the City Council will give priority to
individuals who have substantial accounting, audit, or investment experience, preferably in
connection with a governmental agency. The powers and functions of the Audit Committee
shall be as follows: A. Review the annual audit report and management letter; B. Recommend
appointment of auditors; C. Review the monthly Treasurer’s report, D. Review City
investment policies and internal controls of such policies. The Audit Committee falls under
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2
the Political Reform Act of 1974 and financial disclosure is required. Regular meetings are
held quarterly on the 2nd Thursday of the selected month at 3:00 p.m. at City Hall in
Conference Room A. For more information, call staff liaison Kristina Alfaro at 408 -777-7608
or kristinaa@cupertino.org.
BICYCLE PEDESTRIAN COMMISSION - Residency requirement for all five members
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
No terms expiring in
January 2018
The Commission consists of five members who are residents of the City and shall be
appointed by the Council to four-year overlapping terms. None shall be officials or
employees of the City nor cohabit with, as defined by law, nor be related by blood or marriage
to, any member of the committee, the City Manager or the staff person or persons assigned
to the Commission. The function of the Commission is to review, monitor and suggest
recommendations for City transportation matters including, but not limited to bicycle and
pedestrian traffic, parking, education and recreation within Cupertino. The Bicycle
Pedestrian Commission falls under the Political Reform Act of 1974 and financial disclosure
is required. Regular meetings are held monthly on the third Wednesday at 7 p.m. in City Hall,
Conference Room C. For more information, call staff liaison David Stillman at 408-777-3249
or davids@cupertino.org.
FINE ARTS COMMISSION - Residency Requirement for three out of five members
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
Diana Matley 1/29/14 1/30/18 Yes
The Commission consists of five members appointed by Council for four -year terms. None
of the members shall be employees or officials of the City, nor cohabit with as defined by law,
nor be related by blood or marriage to any member of the Commission, the City Manager or
staff person assigned to the Commission. At least three shall be Cupertino residents. The
powers and functions of the Fine Arts Commission are to foster, encourage and assist the
realization, preservation and advancement of the fine arts for the benefit of the community.
The Fine Arts Commission falls under the Political Reform Act of 1974 and financial
disclosure is required. Regular meetings are held on the 4th Monday of every other month
(odd months) and more often as necessary at 7:00 p.m. in City Hall, Conference Room C. For
more information, contact staff liaison Catarina Kidd at 408 -777-3214 or
finearts@cupertino.org.
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3
HOUSING COMMISSION - Residency requirement for three out of five members;
Business and financial institution representatives must be located in Cupertino.
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
Shirley Chu
(Financial
Representative)
8/19/2014 1/30/18 Yes
The Cupertino Housing Commission consists of five members appointed by the council to
four-year terms. One must be a representative from a Cupertino financial institution and
another from a Cupertino business. Housing Commission members who are representa tives
of a financial institution or a business are not required to be Cupertino residents, but the
financial institution and the business represented must be located in Cupertino. The three
remaining community members must be residents of Cupertino. The commission assists in
developing housing policies and strategies, recommends policies for implementation and
monitoring of affordable housing projects, helps identify sources of funding for affordable
housing and performs other advisory functions authorized by the City Council. The
Cupertino Housing Commission falls under the Political Reform Act of 1974 and financial
disclosure is required. Regular meetings are held at 9:00 a.m., the second Thursday of the
month at City Hall, Conference Room C. For more information, contact staff liaison Kerri
Heusler at 408-777-3251 or kerrih@cupertino.org.
LIBRARY COMMISSION - Residency requirement for three out of five members
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
No terms expiring in
January 2018
The commission consists of five members appointed by the Council to four -year, overlapping
terms. At least three members must be residents of Cupertino. None of the members shall
be officials or employees of the City, nor cohabit with, as defined by law, nor be related by
blood or marriage to any member of the Commission, the City Manager or the staff person(s)
assigned to this Commission. The commission advises the City Council on t he adequacy of
library service within the community and such other matters relating to library service as
specified by the city council, and serves as liaison between the city and the Santa Clara County
library system. The Library Commission falls under the Political Reform Act of 1974 and
financial disclosure is required. Regular meetings are held monthly on the first Wednesday
of each month at 7:00 p.m. in the Cupertino Library, 10800 Torre Avenue, Story Room. For
more information, call staff liaison Christine Hanel at 408-777-3120 or
christineh@cupertino.org.
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4
PARKS AND RECREATION COMMISSION - Residency requirement for all five
members
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
Neesha Tambe 1/29/2014 1/30/18 Yes
The commission consists of five members who are residents of the City and shall be appointed
by the Council to four-year, overlapping terms. None of the members shall be officials or
employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage
to any member of the Commission, the City Manager or the staff person(s) assigned to this
Commission. The commission advises the City Council on municipal activities in relation to
parks and recreation, including park site acquisition and development, recreation program
policy, and expansion of the park program as development occurs. The Parks and Recreation
Commission falls under the Political Reform Act of 1974 and financial disclosure is required.
Regular meetings are held at 7:00 p.m. on the first Thursday of each month in the Community
Hall. For more information, contact staff liaison Jeff Milkes at 408-777-3120 or
parks@cupertino.org.
PLANNING COMMISSION - Residency requirement for all five members
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
No terms expiring in
January 2018
The Commission consists of five members appointed by the Council to overlapping four-year
terms. Each member shall be a qualified elector in and resident of the City. None of the
members shall be officials or employees of the City and none of whom shall cohabit with as
defined by law, nor be related by blood or marriage to any other member of the Commission,
the City Manager or the staff person(s) assigned to this Commission. The Commission’s
primary function is to advise the City Council on land use matters such as specific and general
plans, zonings and subdivisions. The Commission reviews other matters as specified by City
ordinances or Title VII of the Government Code of California. The Planning Commission falls
under the Political Reform Act of 1974 and financial disclosure is required. Regular meetings
are held at 6:45 on the second and fourth Tuesday of the month in the Community Hall. For
more information, contact staff liaison Benjamin Fu at 408-777-3247 or
benjaminf@cupertino.org.
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5
PUBLIC SAFETY COMMISSION - Residency requirement for all five members
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
Gerald Tallinger 1/29/2014 1/30/18 Yes
Hymanand Nellore 9/20/2016 (Partial term) 1/30/18 Yes
The commission consists of five members, all of whom shall reside within the City and shall
be appointed by the council to four-year, overlapping terms. None shall be officials or
employees of the City, members of the Sheriff’s Department of the County, either regular or
reserve, nor shall they be members of the Central Fire Protection District. No members of the
Public Safety Commission shall cohabit with, as defined by law, nor be related by blood or
marriage to any member of the Commission, the City Manager or the staff person(s) assigned
to this Commission. The primary functions are to advise the city council on all areas relating
to public safety, traffic, and police, fire and other matters relating to the foregoing. The Public
Safety Commission falls under the Political Reform Act of 1974 and financial disclosure is
required. Regular meetings are held monthly on the second Thursday of each month at 6 p.m.
in City Hall, Conference Room A. For more information, call staff liaison Captain Rich Urena
at 408-868-6610.
SUSTAINABILITY COMMISSION - Residency requirement for three out of five
members; Business and educational institution representatives must be located in
Cupertino.
Incumbent Appointment Date Present Term
Expires
Eligible for
Re-Appointment
Angela Chen 1/26/2016 1/30/18 Yes
Gary Latshaw 1/26/2016 1/30/18 Yes
The Cupertino Sustainability Commission consists of five members appointed by the City
Council to serve four-year overlapping terms. One member must be a representative from a
Cupertino-based educational institution and another from a Cupertino-based business.
Sustainability Commission members who are representatives of an educational institution or
a business are not required to be Cupertino residents. The three remaining community
members must be residents of Cupertino. The commission serves in an advisory capacity to
the City Council and provides expertise and guidance on major policy and programmatic
areas related to the environmental, economic and societal goals noted within Cupertino’s
Climate Action Plan (CAP) and General Plan (GP) Environmental Resources/Sustainability
Element. The Sustainability Commission falls under the Political Reform Act of 1974 and
financial disclosure is required. Regular meetings are held at least once every three months
at 4 p.m. on the third Thursday of the month, every 3rd month at the Environmental
Education Center, 22221 McClellan Road, McClellan Ranch Preserve, and other meetings
39
6
may be held as necessary. For more information, call staff liaison Misty Mersich at 408 -777-
3362 or mistym@cupertino.org.
TEEN COMMISSION – Residency requirement for all nine members
Incumbent Appointment
Date
Present Term Expires Eligible for
Re-Appointment
No terms expiring in
January 2018
The commission consists of nine members, with the intention if possible to include at least
one person from each public middle school and public high school in Cupertino. Membership
on the Commission is limited to Cupertino residents. Members may attend schools outside
of the city limits, or be schooled at home. Commissioners must be in 8th through 12th
grade. Teen Commissioners serve two-year staggered terms. The powers and functions of
the Teen Commission are to advise the City Council and staff on issues and projects important
to youth. Regular meetings are held September through May, twice monthly (except
December), for a total of 17 meetings on the second and fourth Wednesday at 6:15 p.m. at the
Quinlan Community Center, 10185 N. Stelling Road. For more information, call staff liaison
Danny Mestizo at 408-777-3134 or dannym@cupertino.org.
TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION -
Residency requirement for all five members
Incumbent Appointment
Date
Present Term Expires Eligible for
Re-Appointment
No terms expiring in
January 2018
The Commission consists of five members, from among the qualified electors of the City,
appointed by the council to four-year, overlapping terms. None of the members shall be
officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood
or marriage to any member of the Commission, the City Manager or the staff person(s)
assigned to this Commission. They advise the city council on all matters relating to
telecommunications within the city of Cupertino, including evaluating compliance with any
franchise or other agreement between the city and a telecommunications provider and
conducting periodic reviews of providers, facilities, and products. In addition, members
serve as liaisons between the city, the public, and telecommunications providers in enhancing
education and information. The commission also provides support for community access
television, especially public and educational access, and gives guidance when needed for
development and implementation of access channels and programming. The Technology,
Information, and Communications Commission falls under the Political Reform Act of 1974
40
7
and financial disclosure is required. Regular meetings are held at least once every three
months and, at the discretion of the Commission, other meetings may be held as necessary or
expedient. Meetings usually fall on the first Wednesday of the month at 7:00 p.m. in City Hall
Conference Room A. For more information, call staff liaison Bill Mitchell at 408-777-1333 or
billm@cupertino.org.
41
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2942 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:8/16/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Second Reading of Ordinance 17-2168 adding Chapter 14.02 to the Cupertino Municipal
Code to Adopt and Implement the City's Transportation Impact Fee Program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Second Reading of Ordinance 17-2168 adding Chapter 14.02 to the Cupertino
Municipal Code to Adopt and Implement the City's Transportation Impact Fee Program
Conduct the second reading and enact Ordinance No. 17-2168: "An Ordinance of the City
Council of the City of Cupertino adding Chapter 14.02 to the Cupertino Municipal Code to
Adopt and Implement the City's Transportation Impact Fee Program"
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 3, 2017
Subject
Second Reading of Ordinance 17-2168 adding Chapter 14.02 to the Cupertino Municipal
Code to Adopt and Implement the City’s Transportation Impact Fee Program
Recommended Action
Conduct the second reading and enact Ordinance No. 17-2168: “An Ordinance of the City
Council of the City of Cupertino adding Chapter 14.02 to the Cupertino Municipal Code
to Adopt and Implement the City’s Transportation Impact Fee Program”
Discussion
At the August 15, 2017 City Council Meeting, City council directed staff to draft an
Ordinance to adopt the maximum allowable traffic impact fee (TIF). The Nexus Study
adopted by City Council on August 15, 2017 calculates the maximum allowable traffic
impact fee.
The TIF will be applied in accordance with the TIF Schedule adopted by Council on
September 19, 2017. Pursuant to the TIF Study, the following development projects will
be exempt from the TIF Program Fee:
A. The rehabilitation and/or reconstruction and/or expansion of any legal, residential
structure and/or the replacement of a previously existing legal dwelling unit that
does not cause the addition of vehicular trips as defined by the Institute of Traffic
Engineers.
B. The rehabilitation and/or reconstruction of non-residential structures where there
is no net increase in square footage and/or change in development type/land use
(e.g. office to retail).
C. Residential accessory buildings.
D. Public facilities, including but not limited to, buildings, structures and outdoor
recreation areas owned by a local agency.
43
Sustainability Impact
None.
Fiscal Impact
The traffic impact fee program necessarily doesn’t cover 100% of the costs for the
improvements designated (and the statutory authority of AB 16000 requires a rational
nexus so that new development only cover their “fair share” of costs). Additionally, the
impact fee nexus study does not identify all other funding sources (and typically these
other sources are not totally secured prior to approval of the fee program since the
designated improvements are likely to be required over a very long time horizon, such
as build-out of a General Plan). Therefore, the City will need to identify supplemental
funding sources, such as General Fund, grants, or individual developer contributions
through avenues such as Developer Agreements, to provide the balance of the funding
to complete the designated improvements.
_____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Ordinance
44
ORDINANCE NO. 17-2168
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO ADDING CHAPTER 14.02
TO THE CUPERTINO MUNICIPAL CODE TO ADOPT AND IMPLEMENT
THE CITY’S TRANSPORTATION IMPACT FEE PROGRAM
WHEREAS, Mitigation Fee Act (AB 1600/ Government Code Section 66000 et seq.)
enables cities to charge fees for transportation facilities; and
WHEREAS, the City adopted an amended General Plan known as "General Plan:
Community Vision 2015 - 2040" (The General Plan) on December 4, 2014; and
WHEREAS, the General Plan identifies the buildout land use and growth projections
and is based on a horizon year of 2040; and
WHEREAS, the General Plan identifies impacts on transportation and traffic impacts
from the potential future development associated with the 2040 buildout ; and
WHEREAS, the City has retained Economic Planning Systems, Inc. to develop the
Transportation Impact Fee Nexus Study; and
WHEREAS, the Transportation Impact Fee Nexus Study provides the City of Cupertino
with the necessary technical documentation to support the adoption of a new Citywide
Transportation Impact Fee Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
Title 14 of the Cupertino Municipal Code is hereby amended to add Chapter
14.02, the “Transportation Impact Fee Program” to be numbered and entitled to read as
shown in Exhibit 1, which is incorporated herein by reference as part of this ordinance.
Effective Date. This Ordinance shall take effect thirty days after adoption as
provided by Government Code Section 36937.
Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be published and
posted in lieu of publication and posting of the entire text.
45
Attachment A
INTRODUCED at a regular meeting of the Cupertino City Council the 19th day of
September 2017 and ENACTED at a regular meeting of the Cupertino City Council on
this 3rd day of October 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt Savita Vaidhyanathan
City Clerk Mayor, City of Cupertino
46
Attachment A
CHAPTER 14.02 -TRANSPORTATION IMPACT FEE PROGRAM
SECTION 1. The Title of this Chapter shall be known as “The
Transportation Impact Fee Program.”
SECTION 2. Chapter 14.02 is hereby added to the Cupertino Municipal Code as set
forth below:
14.02.010 Purpose
14.02.020 Definitions
14.02.030 Authority
14.02.040 Applicability
14.02.050 Transportation Impact Fee Program
14.02.060 Exemptions
14.02.070 Fee Credit
14.02.080 Disposition of TIF Program Revenue and TIF Capital Project Construction
14.02.010 Purpose
The City recognizes that new development, additions to existing structures or change in
use within the City will create additional demand on the City’s existing transportation
infrastructure and identifies the implementation of a Transportation Impact Fee (TIF)
Program as a mitigation measure. The purpose of the TIF Program is to generate
revenue that the City can use as a funding source for the costs of the transportation
improvements required to serve new development.
14.02.020 Definitions
Unless otherwise defined in this section, all terms used in this Chapter shall be as
defined as in Chapter 19.08, Definitions.
A. “Transportation Impact Fee” or “TIF” means the fee established pursuant to this
Chapter 14.02. Impact fees are one-time charges on new development, additions to
existing structures, change in use, or similar construction activity that requires a
building permit, collected and used by the City to cover the cost of capital facilities
and infrastructure that are required to serve new growth.
B. “Transportation Impact Fee Program” or “TIF Program” means the impact fee
established by this Chapter and the process and programmatic steps for
appropriating and applying TIF funds for the purposes intended.
47
Attachment A
C. “TIF Capital Project” means any one of the list of projects identified in the “TIF
Nexus Study” to be funded through the TIF Program required to mitigate new
growth.
D. “TIF Nexus Study” means the most current Technical Report prepared pursuant to
California Government Code, Section 66000 et seq., the Mitigation Fee Act, to
support the adopted TIF.
14.02.030 Authority
A. This chapter is enacted pursuant to the Mitigation Fee Act, California
Government code Section 66000 et seq.
B. The Director of Public Works, or his/her designee, is authorized to levy and
collect the TIF and make all determinations required by this Chapter.
14.02.040 Applicability
Except as otherwise expressly provided by this Chapter, the TIF required hereunder
shall be payable prior to building permit issuance, for all new development,
additions to existing structures, changes in land use within the city for which
building permits or other entitlements are required, consistent with the authority
provided under this Chapter.
Any increase in square footage and/or change in land use or development type shall
pay the established applicable fee rate on the new use based on the net increase.
14.02.050 Transportation Impact Fee Program
A. Establishment of Fee: The amount of the TIF shall be established by land use type
and shall be adopted by separate resolution of the City Council, as amended from
time to time.
B. The TIF amount shall be automatically adjusted on an annual basis at the beginning
of each fiscal year (July 1) based on the Cupertino Construction Cost index. The
Cupertino Construction Cost index is developed based upon Construction Cost
Index (CCI) cost indices for San Francisco produced by Engineering News Record
(ENR) and reported on the ENR website. Cupertino’s CCI is calculated by taking the
48
Attachment A
average percent change (%CHG) of each month from the prior year (January
through December).
C. TIF Capital Projects may be modified to provide for the use of additional Federal,
State and local funds; to account for unexpected revenues, whether greater or lesser;
to modify, add, or delete a project from the TIF Program, consistent with the
Mitigation Fee Act; to maintain consistency with the City’s General Plan; or to take
into consideration unforeseen circumstances, including, without limitation,
circumstances that may come to light as a result of subsequent CEQA environmental
review.
14.02.060 Exemptions
The following shall be exempt from the TIF Program Fee:
A. The rehabilitation, reconstruction and/or expansion of any legal, residential unit
and/or the replacement of a previously existing legal dwelling unit that does not
cause the addition of vehicular trips as defined by the Institute of Traffic Engineers.
B. The rehabilitation and/or reconstruction of non-residential unit where there is no net
increase in square footage and/or change in development type/land use (e.g. office to
retail).
C. Residential accessory buildings as defined in Chapter 19.08 of the Cupertino
Municipal Code.
D. Cupertino public facilities, including but not limited to, buildings, structures and
outdoor recreational areas.
14.02.070 Fee Credit
A. A fee credit may be granted to developers who fund and construct TIF Capital
Projects, subject to review and approval by the Director of Public Works. The fee
credit may not exceed the most current cost estimate of the TIF Capital Project (as
defined by annual cost review or other recent evaluation of cost) regardless of the
actual cost to construct or the actual costs of construction of the TIF Capital Project.
14.02.080 Disposition of TIF Program Revenue and TIF Capital Project Construction
All fees collected hereunder shall be deposited in a TIF Account/Fund. The TIF Fund
and any interest income earned shall be used exclusively to finance TIF Capital Projects
and pay for incidental administrative and programmatic costs.
49
Attachment A
SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the Chapter. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, clause or phrase thereof irrespective
of the fact that one or more other sections, subsections, clauses or phrases may be
declared invalid or unconstitutional.
50
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2999 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:9/6/2017 City Council
On agenda:Final action:10/3/2017
Title:Subject: Approval of the Library Commission's recommendation of Kaecey McCormick for the
appointment of the new Cupertino Poet Laureate
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Approval of the Library Commission's recommendation of Kaecey McCormick for
the appointment of the new Cupertino Poet Laureate
Adopt Resolution No. 17-096 approving the Library Commission recommendation and appoint
the new Cupertino Poet Laureate
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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RECREATION AND COMMUNITY SERVICES DEPARTMENT
QUINLAN COMMUNITY CENTER
10 10185 NORTH STELLING RD • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3120 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting Date: October 3, 2017
Subject
Approval of the Library Commission’s recommendation of Kaecey McCormick for the
appointment of the new Cupertino Poet Laureate.
Recommended Action
Adopt Resolution No. 17-___ approving the Library Commission recommendation and
appoint the new Cupertino Poet Laureate.
Description
Resolution No. 11-163 designated a Cupertino Poet Laureate and requested the Library
Commission to appoint a selection committee to oversee and administer the program
including recruitment.
Discussion
After months of recruitment and review, Kaecey McCormick is the finalist selected
by the Cupertino Poet Laureate Selection Committee and approved by the Library
Commission to serve as the Cupertino Poet Laureate for 2018 through 2019. Kaecey
is a poet, writer, artist and teacher. She believes poetry can change the way we
view ourselves and others, the way we see where we live and how we live our
lives. Poetry can transport the reader from the physical world to another place in
time and space.
Kaecey is especially eager to contribute to the Cupertino community after having
personally benefited from participation in the Poet Laureate program last year. Her
intention is to learn from the experience and from those she meets and to strive to
provide meaningful experiences to others.
Her poetry has been most recently published or is forthcoming in Linden Avenue
Literary Journal, The Red Earth Review, Literary Orphans, and Right Hand Pointing: One
Sentence Poems. In 2016 she won the Writer’s Digest 2016 Annual Awards in Writing
Competition and has won multiple awards for poetry from the same organization.
52
Fiscal Impact
None.
Sustainability Impact
None.
____________________________________
Prepared by: Christine Hanel, Assistant Director of Recreation & Community Services
Reviewed by: Christine Hanel, Assistant Director of Recreation & Community Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
53
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE LIBRARY COMMISSION RECOMMENDATION AND
APPOINTING KAECEY MCCORMICK AS THE CUPERTINO POET LAUREATE
WHEREAS, the Resolution No. 11- 163 designated a Cupertino Poet Laureate
position; and
WHEREAS, the Cupertino Poet Laureate will be charged to stimulate cultural and
literary awareness in Cupertino, introduce youth and adults to the personal and
community benefits of poetry both as personal expression, and as reflective of our history
and culture, reveal, recognize and engage literary talent residing in the community and
promote our Library as the cultural center of Cupertino; and
WHEREAS, after an extensive search effort, the Poet Laureate Committee and the
Library Commission have unanimously recommended Kaecey McCormick for the two
year voluntary position; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of City of Cupertino
approve the recommendation and appoint Kaecey McCormick as Cupertino’s Poet
Laureate for a two year term.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of October, 2017 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of
Cupertino
54
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2036 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:10/3/2017
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/3/2017 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 9/27/2017Page 1 of 1
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