01-16-2018 Searchable PacketCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:45 PM
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, January 16, 2018
Non-televised Special Meeting Closed Session (5:45) 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, January 16, 2018, commencing at 5:45 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 - 5:45 PM
City Hall Conference Room A, 10300 Torre Avenue
CLOSED SESSION
1.Subject: 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
ADJOURNMENT
REGULAR MEETING
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January 16, 2018City Council AGENDA
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Presentation of Certificates of Recognition for Science Fair and Talent
Search winners
Recommended Action: Present Certificates of Recognition for Science Fair and
Talent Search winners
2.Subject: Proclamation recognizing the Age-Friendly Cupertino Task Force for
their efforts in achieving designation for The City of Cupertino as an "Age-Friendly
City" by the World Health Organization (WHO)
Recommended Action: Present proclamation recognizing the Age-Friendly Cupertino
Task Force for their efforts in achieving designation for The City of Cupertino as an
"Age-Friendly City" by the World Health Organization (WHO)
3.Subject: Proclamation recognizing Roger Lee, Assistant Director of Public Works,
for receiving the 2017 Jerry D. Scott Outstanding Superintendent of the Year
Award from the Maintenance Superintendents Association
Recommended Action: Present proclamation recognizing Roger Lee, Assistant
Director of Public Works, for receiving the 2017 Jerry D. Scott Outstanding
Superintendent of the Year Award from the Maintenance Superintendents Association
POSTPONEMENTS
4.Subject: Item No. 15 to consider a revised request for General Plan amendment
authorization to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and
construct a mixed-use development (Westport Cupertino) at the site. (Application
No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267
Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from
December 5, 2017. The applicant has withdrawn the application and the public
hearing is cancelled. The applicant has withdrawn the application and the
public hearing is cancelled.
ORAL COMMUNICATIONS
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January 16, 2018City Council AGENDA
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.
5.Subject: Approve the December 19 City Council minutes
Recommended Action: Approve the December 19 City Council minutes
A - Draft Minutes
6.Subject: Accept Account Payable for the period ending October 27, 2017
Recommended Action: Adopt Resolution No. 18-001 accepting Accounts Payable for
the period ending October 27, 2017
A - Draft Resolution
B - AP Report
7.Subject: Accept Accounts Payable for the period ending November 11, 2017
Recommended Action: Adopt Resolution No. 18-002 accepting Accounts Payable for
the period ending November 11, 2017
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for the period ending December 8, 2017
Recommended Action: Adopt Resolution No. 18-003 accepting Accounts Payable for
the period ending December 8, 2017
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for the period ending December 15, 2017
Recommended Action: Adopt Resolution No. 18-004 accepting Accounts Payable for
the period ending December 15, 2017
A - Draft Resolution
B - AP Report
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January 16, 2018City Council AGENDA
10.Subject: Accept Accounts Payable for the period ending December 22, 2017
Recommended Action: Adopt Resolution No. 18-005 accepting Accounts Payable for
the period ending December 22, 2017
A - Draft Resolution
B - AP Report
11.Subject: Accept Accounts Payable for the period ending December 29, 2017
Recommended Action: Adopt Resolution No. 18-006 accepting Accounts Payable for
the period ending December 29, 2017
A - Draft Resolution
B - AP Report
12.Subject: Adopt a resolution increasing the employer's contribution for medical and
hospitalization insurance consistent with the Meyers-Geddes State Employees
Medical and Hospital Care Act for the Unrepresented (Management and
Confidential), Cupertino Employees' Association (Employees Association),
Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City
Attorney), Elected Official groups and retired annuitants.
Recommended Action: Adopt Resolution No. 18-007 increasing the employer's
contribution for medical and hospitalization insurance for employees under the
Unrepresented, Cupertino Employees' Association, Operating Engineers, Local Union
No. 3, Appointed, Elected Officials, and retired annuitant groups.
Staff Report
A - Draft Resolution
13.Subject: 2017/18 Comprehensive Facility Condition and Use Assessments
Recommended Action: Authorize the City Manager to negotiate and execute the
2017/18 Comprehensive Facility Condition and Use Assessments agreement with The
KPA Group for an amount of $198,720 and approve a contingency of $1,280 for a
total of $ $200,000
Staff Report
A - Request for Proposal for the 2017/18 Comprehensive Facility Condition and Use Assessments project
B - KPA Proposal dated December 27, 2017
C - Condition Assessment Checklist for Primary Facilities
D - Condition Assessment Checklist for Secondary Facilities
SECOND READING OF ORDINANCES
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January 16, 2018City Council AGENDA
14.Subject: Second Reading for an ordinance to amend regulations in Title 19,
Zoning of the Municipal Code with regard to Accessory Dwelling Units, including
Chapter 19.08, Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1,
RHS, A and A-1 zones (Application No(s).: MCA-2017-05; Applicant(s): City of
Cupertino; Location: Citywide)
Recommended Action: That the City Council conduct the second reading and enact
Ordinance No. 17-2170: “An Ordinance of the City Council of the City of Cupertino
amending Chapter 19.08, Definitions and Chapter 19.112, Accessory Dwelling Units
in R-1, RHS, A and A-1 Zones (Residential Zoning Districts) to conform to new state
laws”
Staff Report
A - Draft Ordinance No. 17-2170
B - Redline ADU Ordinance
PUBLIC HEARINGS
15.Subject: Consider a revised request for General Plan amendment authorization to
demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a
mixed-use development (Westport Cupertino) at the site. (Application No.(s):
GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens
Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from December 5,
2017. The applicant has withdrawn the application and the public hearing is
cancelled.
Recommended Action: The applicant has withdrawn the application and the public
hearing is cancelled.
ORDINANCES AND ACTION ITEMS
16.Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions
of Ordinance No. 724 and Resolution No. 17-110
Recommended Action: Note objections and adopt Resolution No. 18-008 ordering
abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724
and Resolution No. 17-110
Staff Report
A - Draft Resolution
B - 2018 Weed Abatement Program Commencement Report
C - Notice to Destroy Weeds and Program Schedule
D - Letter to Property Owners
E - Approved Resolution No. 17-110
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January 16, 2018City Council AGENDA
17.Subject: Council Committee appointments
Recommended Action: Approve Council Committee appointments
A - Council Committee Assignments
REPORTS BY COUNCIL AND STAFF
18.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
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January 16, 2018City 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.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08.100 written communications sent to the Cupertino City Council,
Commissioners or City staff concerning a matter on the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the City’s website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
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
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January 16, 2018City Council AGENDA
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:117-3451 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:12/20/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: 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.
City Council1/16/2018 1
Subject: 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 1/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3499 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:1/5/2018 City Council
On agenda:Final action:1/16/2018
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.
City Council1/16/2018 1
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 1/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3333 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:11/20/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Presentation of Certificates of Recognition for Science Fair and Talent Search winners
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Presentation of Certificates of Recognition for Science Fair and Talent Search winners
Present Certificates of Recognition for Science Fair and Talent Search winners
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3510 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:1/8/2018 City Council
On agenda:Final action:1/16/2018
Title:Subject: Proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in achieving
designation for The City of Cupertino as an "Age-Friendly City" by the World Health Organization
(WHO)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in
achieving designation for The City of Cupertino as an "Age-Friendly City" by the World Health
Organization (WHO)
Present proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in
achieving designation for The City of Cupertino as an "Age-Friendly City" by the World Health
Organization (WHO)
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3354 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:11/27/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Proclamation recognizing Roger Lee, Assistant Director of Public Works, for receiving the
2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the Maintenance
Superintendents Association
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Proclamation recognizing Roger Lee, Assistant Director of Public Works, for
receiving the 2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the
Maintenance Superintendents Association
Present proclamation recognizing Roger Lee, Assistant Director of Public Works, for receiving
the 2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the Maintenance
Superintendents Association
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3522 Name:
Status:Type:Postponements Agenda Ready
File created:In control:1/10/2018 City Council
On agenda:Final action:1/16/2018
Title:Subject: Item No. 15 to consider a revised request for General Plan amendment authorization to
demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development
(Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark
Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued
from December 5, 2017. The applicant has withdrawn the application and the public hearing is
cancelled. The applicant has withdrawn the application and the public hearing is cancelled.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Item No. 15 to consider a revised request for General Plan amendment authorization
to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use
development (Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02;
Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-
039, -040 and -041). Continued from December 5, 2017. The applicant has withdrawn the
application and the public hearing is cancelled.The applicant has withdrawn the application
and the public hearing is cancelled.
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3296 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/13/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Approve the December 19 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Approve the December 19 City Council minutes
Approve the December 19 City Council minutes
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 19, 2017
SPECIAL CITY COUNCIL MEETING
At 6:00 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the City
Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and
Steven Scharf. Absent: Savita Vaidhyanathan.
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: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney
Mayor Paul announced that Council received an update and gave direction.
2. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Manager
Mayor Paul announced that Council received an update and gave direction.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Darcy Paul called the City Council meeting to order in Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
ROLL CALL
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City Council Minutes December 19, 2017
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Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and
Steven Scharf. Absent: Savita Vaidhyanathan.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Healthy Cities Initiative award
Recommended Action: Accept award from Santa Clara County for Healthy Cities
Initiative
Written communications for this item included a Santa Clara County Health Cities
Initiative, 2017 handout.
Dr. Sara Cody, County Health Officer and Director of Public Health for Santa Clara
County talked about Cupertino’s Safe Routes to School Program.
Mayor Paul and Director of Public Works Timm Borden accepted the Healthy Cities
Initiative award from Dr. Sara Cody, County Health Officer and Director of Public
Health for Santa Clara County.
2. Subject: Teen Commission 2017-2018 Work Plan presentation
Recommended Action: Accept the Teen Commission 2017-2018 Work Plan presentation
Written communications for this item included a presentation.
Sidharth Rajaram, Shivani Sahni, Vanitha Vemula, Madhavan Krishnan, and Emily Chan
from the Teen Commission presented the 2017-2018 Work Plan.
Council received the Teen Commission 2017-2018 Work Plan presentation.
3. Subject: Presentation from consultants related to the Vallco Specific Plan
Recommended Action: That the City Council accept the presentation from consultants
related to the Vallco Specific Plan
Written communications for this item included emails to Council and consultant
presentations.
Senior Planner Catarina Kidd introduced the consultants.
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City Council Minutes December 19, 2017
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Daniel Parolek from Opticos Design, Bill Lennertz from Opticos Design, Judy Shanley
from David J. Powers and Associates, Franziska Church from Fehr and Peers, and Ben
Sigman from Economic and Planning Systems gave presentations related to the Vallco
Specific Plan.
Consultants answered questions from Council.
Mayor Paul opened public comment and the following individuals spoke:
Josh Barousse (San Jose) on behalf of Silicon Valley At Home
Cathy Helgerson (Cupertino)
Tracey Edwards (Cupertino) on behalf of League of Women Voters Cupertino-
Sunnyvale
Jennifer Griffin (Cupertino)
David Fung (Cupertino)
Mayor Paul closed public comment.
Staff and consultants answered questions asked by members of the public.
Council received the presentation from consultants related to the Vallco Specific Plan.
POSTPONEMENTS
Sinks moved and Chang seconded to postpone item number 15 to January 16 and item number
18 to February 20. The motion carried unanimously with Vaidhyanathan absent.
ORAL COMMUNICATIONS
Cathy Helgerson (Cupertino resident) talked about Lehigh dumping toxins into the Stevens
Creek Reservoir.
Pete Heller (Cupertino resident) gave kudos to City staff on new bicycle lanes and pedestrian
trails.
Jennifer Griffin (Cupertino resident) talked about the San Jose Urban Villages project.
CONSENT CALENDAR
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City Council Minutes December 19, 2017
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Scharf moved and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 10 and 11 which were pulled for discussion,
and item number 15 which was postponed. Ayes: Paul, Sinks, Chang, and Scharf. Noes: None.
Abstain: None. Absent: Vaidhyanathan.
4. Subject: Approve the November 27 City Council minutes
Recommended Action: Approve the November 27 City Council minutes
5. Subject: Approve the December 5 City Council minutes
Recommended Action: Approve the December 5 City Council minutes
6. Subject: Accept Accounts Payable for the period ending November 3, 2017
Recommended Action: Adopt Resolution No. 17-116 accepting Accounts Payable for the
period ending November 3, 2017
7. Subject: Accept Accounts Payable for the period ending November 9, 2017
Recommended Action: Adopt Resolution No. 17-117 accepting Accounts Payable for the
period ending November 9, 2017
8. Subject: Accept Accounts Payable for the period ending November 17, 2017
Recommended Action: Adopt Resolution No. 17-118 accepting Accounts Payable for the
period ending November 17, 2017
9. Subject: Accept Accounts Payable for the period ending December 1, 2017
Recommended Action: Adopt Resolution No. 17-119 accepting Accounts Payable for the
period ending December 1, 2017
10. Subject: Adopt a resolution approving the purchase of property at 10301 Byrne Ave
(APN 357-11-020).
Recommended Action: 1. Adopt Resolution No. 17-120, approving purchase of the
property at 10301 Byrne Avenue, Assessors' Parcel Number 357-11-020, from Patricia L.
Sievert Living Trust, in the amount of $2,450,000, authorizing the City Manager to
execute all necessary documents and related steps to complete the acquisition. 2.
Approve increase budget appropriations of $2,450,000 in the General Fund-Non
Departmental program for the purchase of the property.
Written communications for this item included pictures of the property.
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City Council Minutes December 19, 2017
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Director of Recreation and Community Services Jeff Milkes answered questions from
Council.
Mayor Paul opened public comment and the following individuals spoke:
Tara Sreekrishnan (Cupertino resident)
Jennifer Griffin (Cupertino resident)
Liana Crabtree (Cupertino resident)
Mayor Paul closed public comment.
Chang moved and Sinks seconded to adopt Resolution No. 17-120, approving purchase
of the property at 10301 Byrne Avenue, Assessors' Parcel Number 357 -11-020, from
Patricia L. Sievert Living Trust, in the amount of $2,450,000, authorizing the City
Manager to execute all necessary documents and related steps to complete the
acquisition. 2. Approve increase budget appropriations of $2,450,000 in the General
Fund-Non Departmental program for the purchase of the property. The motion carried
unanimously with Vaidhyanathan absent.
11. Subject: Agreement with Avocette Technologies, Inc. for professional services in
implementing Accela Permitting and Land Management System
Recommended Action: Authorize the City Manager to execute a Services Agreement
with Avocette Technologies, Inc. in the amount of $299,143 for the implementation of
Accela Permitting and Land Management System which represents $139,143 in
additional funding above the original June 21, 2017 cont ract of $160,000 for a total of
$299,143
Chief Technology Officer Bill Mitchell reviewed the staff report and answered questions
from Council.
Chang moved and Scharf seconded to authorize the City Manager to execute a Services
Agreement with Avocette Technologies, Inc. in the amount of $299,143 for the
implementation of Accela Permitting and Land Management System which represents
$139,143 in additional funding above the original June 21, 2017 contract of $160,000 for a
total of $299,143. The motion carried unanimously with Vaidhyanathan absent.
12. Subject: Second Amendment to the Agreement between the City of Cupertino (City) and
Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement
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City Council Minutes December 19, 2017
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Recommended Action: 1. Adopt Resolution 17-121 to approve the Second Amendment
to the Solid Waste Services Franchise Agreement, extending the expiration of the current
Agreement (November 1, 2010 through January 31, 2019) to January 31, 2021 and
including an option to negotiate a new ten year agreement with Recology that could
begin as early as January 31, 2021, contingent upon Recology meeting Second
Amendment requirements; and 2. Authorize a payment of $5,365 to Recology Cupertino
from the Resource Recovery fund 520-81-801 to cover additional costs to process
commercial organic materials collected in calendar year 2016.
13. Subject: Establish a Zero Waste Policy for the City of Cupertino
Recommended Action: Adopt Resolution 17-122 to establish and authorize a Zero Waste
Policy for the City of Cupertino
14. Subject: 2018 Pavement Maintenance Project, Project No. 2018-101 contract award
Recommended Action: Authorize the City manager to award a contract to G. Bortolotto
& Co. in the amount of $3,077,777 and approve a construction contingency of $307,000,
for a total of $3,384,777.
15. Subject: 2017-18 Comprehensive Facility Condition and Use Assessments
Recommended Action: Authorize the City Manager to negotiate and execute the 2017-18
Comprehensive Facility Condition and Use Assessments agreement with The KPA
Group within the established budget of $200,000.
Written communications for this item included a supplemental staff report.
Under Postponements, this item was continued to January 16, 2018.
SECOND READING OF ORDINANCES
16. Subject: Second reading of an ordinance to establish regulations regarding adult use
(recreational) and medicinal marijuana by adding a new Chapter 10.84, Medicinal and
Adult Use of Marijuana, in Title 10, amending Chapter 19.08, Definitions, to repeal
definitions related to Marijuana and amending Chapter 19.98, Medical Marijuana, to
update and reference the newly established Chapter. (Application No(s).: MCA-2017-04;
Applicant(s): City of Cupertino; Location: Citywide)
Recommended Action: That the City Council conduct the second reading and enact
Ordinance No. 17-2169: “An Ordinance of the City Council of the City of Cupertino
adding Chapter 10.84 titled “Medicinal and Adult Use of Marijuana” to Title 10 of the
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City Council Minutes December 19, 2017
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Cupertino Municipal Code; amending Section 19.08.030 to repeal Definitions related to
Marijuana; and amending Chapter 19.98 to reference the newly adopted ordinance.”
Principal Planner Piu Ghosh reviewed the staff report.
City Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Sinks seconded to read Ordinance No. 17-2169 by title only and that
the City Clerk’s reading would constitute the second reading thereof. Ayes: Paul, Sinks,
Chang, and Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan.
Chang moved and Sinks to enact Ordinance No. 17-2169. Ayes: Paul, Sinks, Chang, and
Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan.
PUBLIC HEARINGS
17. Subject: Consider an ordinance to amend regulations in Title 19, Zoning of the Municipal
Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and
Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application
No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location: Citywide)
Recommended Action: That the City Council: 1. Find that the proposed actions are
exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 17-2170: “An
Ordinance of the City Council of the City of Cupertino amending Chapter 19.08,
Definitions and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones
(Residential Zoning Districts) to conform to new state laws.”
Written communications for this item included a letter to Council and a staff
presentation.
Principal Planner Piu Ghosh reviewed the staff report.
Mayor Paul opened the public hearing and the following individuals spoke:
Josh from Silicon Valley At Home
Jennifer Griffin (Cupertino resident)
Mayor Paul closed the public hearing.
City Clerk Grace Schmidt read the title of the ordinance.
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City Council Minutes December 19, 2017
8
Chang moved and Scharf seconded to find that the proposed actions are exempt from
CEQA and to read Ordinance No. 17-2170 by title only and that the City Clerk’s reading
would constitute the first reading thereof. Ayes: Paul, Sinks, Chang, and Scharf. Noes:
None. Abstain: None. Absent: Vaidhyanathan.
ORDINANCES AND ACTION ITEMS
18. Subject: Adopt the 2017 Cupertino Pedestrian Transportation Plan and Mitigated
negative Declaration for the 2017 Cupertino Pedestrian Transportation Plan
Recommended Action: Adopt Resolution No. 17-123 adopting the 2017 Cupertino
Pedestrian Transportation Plan and the Mitigated Negative Declaration for the 2017
Cupertino Pedestrian Transportation Plan
Written communications for this item included a supplemental staff report.
Under Postponements, this item was continued to February 20, 2018.
REPORTS BY COUNCIL AND STAFF
19. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that City Hall would be closed for the holiday next
week, the first meeting in January has been cancelled, and the next meeting would be
January 16.
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 9:50 p.m., Mayor Paul adjourned the meeting.
_______________________
Grace Schmidt, City Clerk
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3406 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/7/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Accept Account Payable for the period ending October 27, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Accept Account Payable for the period ending October 27, 2017
Adopt Resolution No. 18-001 accepting Accounts Payable for the period ending October 27,
2017
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
October 27, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Zach Korach, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of January, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3486 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/3/2018 City Council
On agenda:Final action:1/16/2018
Title:Subject: Accept Accounts Payable for the period ending November 11, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Accept Accounts Payable for the period ending November 11, 2017
Adopt Resolution No. 18-002 accepting Accounts Payable for the period ending November 11,
2017
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
November 22, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Zach Korach, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of January, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3487 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/3/2018 City Council
On agenda:Final action:1/16/2018
Title:Subject: Accept Accounts Payable for the period ending December 8, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Accept Accounts Payable for the period ending December 8, 2017
Adopt Resolution No. 18-003 accepting Accounts Payable for the period ending December 8,
2017
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
December 8, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Zach Korach, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of January, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3507 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/8/2018 City Council
On agenda:Final action:1/16/2018
Title:Subject: Accept Accounts Payable for the period ending December 15, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Accept Accounts Payable for the period ending December 15, 2017
Adopt Resolution No. 18-004 accepting Accounts Payable for the period ending December 15,
2017
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
December 15, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Zach Korach, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of January, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ __________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3508 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/8/2018 City Council
On agenda:Final action:1/16/2018
Title:Subject: Accept Accounts Payable for the period ending December 22, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Accept Accounts Payable for the period ending December 22, 2017
Adopt Resolution No. 18-005 accepting Accounts Payable for the period ending December 22,
2017
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
December 22, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Zach Korach, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of January, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ __________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3509 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/8/2018 City Council
On agenda:Final action:1/16/2018
Title:Subject: Accept Accounts Payable for the period ending December 29, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Accept Accounts Payable for the period ending December 29, 2017
Adopt Resolution No. 18-006 accepting Accounts Payable for the period ending December 29,
2017
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
December 29, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Zach Korach, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of January, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ __________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3450 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/20/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization
insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for the
Unrepresented (Management and Confidential), Cupertino Employees' Association (Employees
Association), Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City
Attorney), Elected Official groups and retired annuitants.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Adopt a resolution increasing the employer's contribution for medical and
hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and
Hospital Care Act for the Unrepresented (Management and Confidential), Cupertino
Employees' Association (Employees Association), Operating Engineers, Local Union No. 3
(Operating Engineers), Appointed (City Attorney), Elected Official groups and retired
annuitants.
Adopt Resolution No. 18-007 increasing the employer's contribution for medical and
hospitalization insurance for employees under the Unrepresented, Cupertino Employees'
Association, Operating Engineers, Local Union No. 3, Appointed, Elected Officials, and retired
annuitant groups.
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 16, 2018
Subject
Adopt a resolution increasing the employer's contribution for medical and
hospitalization insurance consistent with the Meyers-Geddes State Employees
Medical and Hospital Care Act for the Unrepresented (Management and
Confidential), Cupertino Employees’ Association (Employees Association),
Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City
Attorney), Elected Official groups and retired annuitants.
Recommended Action
Adopt the Draft Resolution increasing the employer's contribution for medical and
hospitalization insurance for employees under the Unrepresented, Cupertino Employees’
Association, Operating Engineers, Local Union No. 3, Appointed, Elected Officials, and retired
annuitant groups.
Description
On October 4, 2016, City Council approved a three year Memorandum of
Understanding (MOU) that extends through June 30, 2019 for Cupertino
Employees’ Association and the Operating Engineers, Local Union No. 3. The
MOU’s include an increase in the City's health contribution for employee medical
insurance effective January 1, 2018 for employee with self -coverage ($769.95/month),
employee plus one dependent ($1,308.92/month), and employee plus 2 or more
dependents ($1,701.60/month). The same benefit has been extended to the
Unrepresented, Appointed, and Elected Official groups for the January 16, 2018 City
Council meeting. Adoption of the attached resolution fulfills reporting requirements
associated with the Meyers-Geddes Act.
Sustainability Impact
No sustainability impact.
108
Fiscal Impact
This will increase the City’s retiree annuitant medical contribution by $39,130. No
budget adjustments are requested because the cost was factored in when calculating
total costs of MOU’s that were approved by City Council on October 4, 2016.
___________________________________________
Prepared by: Maria Jimenez, HR Analyst II/Benefits
Reviewed by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments: A – Draft Resolution
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RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR
EMPLOYEES AND ANNUITANT UNDER THE PUBLIC EMPLOYEES’
MEDICAL AND HOSPITAL CARE ACT
WHEREAS, (1) City of Cupertino is a contracting agency under Government Code Section
22920 and subject to the Public Employees’ Medical and Hospital Care Act
(the “Act”); and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of the
Act; and
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan up to a
maximum of:
Medical Group 2018 Monthly Employer Contribution
Single Two-Party Family
001 Management $769.95 $1,308.92 $1,701.60
002 Confidential $769.95 $1,308.92 $1,701.60
003 Employees Association $769.95 $1,308.92 $1,701.60
004 Operating Engineers $769.95 $1,308.92 $1,701.60
005 City Attorney $769.95 $1,308.92 $1,701.60
Plus administrative fees and Contingency Reserve Fund assessments; and
be it further
RESOLVED, (b) City of Cupertino has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
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RESOLVED, (c) That the participation of the employees and annuitants of
City of Cupertino shall be subject to determination of its status as an
“agency or instrumentality of the state or political subdivision of a State”
that is eligible to participate in a governmental plan within the meaning of
Section 414(d) of the Internal Revenue Code, upon publication of final
Regulations pursuant to such Section. If it is determined that City of
Cupertino would not qualify as an agency or instrumentality of the state
or political subdivision of a State under such final Regulations, CalPERS
may be obligated, and reserves the right to terminate the health coverage
of all participants of the employer.
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of Cupertino all functions
required of it under the Act.
Passed and Adopted at a regular meeting of the City Council of
Cupertino, this 16th day of January 2018, by the following vote:
Vote: Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ __________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3453 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/20/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: 2017/18 Comprehensive Facility Condition and Use Assessments
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Request for Proposal for the 2017/18 Comprehensive Facility Condition and Use Assessments
B - KPA Proposal dated December 27, 2017
C - Condition Assessment Checklist for Primary Facilities
D - Condition Assessment Checklist for Secondary Facilities
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: 2017/18 Comprehensive Facility Condition and Use Assessments
Authorize the City Manager to negotiate and execute the 2017/18 Comprehensive Facility
Condition and Use Assessments agreement with The KPA Group for an amount of $198,720
and approve a contingency of $1,280 for a total of $ $200,000
CITY OF CUPERTINO Printed on 1/10/2018Page 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: January 16, 2018
Subject
2017/18 Comprehensive Facility Condition and Use Assessments.
Recommended Action
Authorize the City Manager to negotiate and execute the 2017/18 Comprehensive
Facility Condition and Use Assessments agreement with The KPA Group for an amount
of $198,720 and approve a contingency of $1,280 for a total of $ $200,000.
Discussion
The 2017/18 Comprehensive Facility Condition and Use Assessments project includes a
scope of work that will assess the condition of nearly every City owned facility. These
assessments, depending on the selected buildings, may include but are not limited to:
Health and life safety systems
Seismic evaluation
ADA compliance
Mechanical, electric and plumbing evaluation
Building envelope evaluation
Energy use efficiency
Space use efficiency
The Public Works Department maintains various lists of consultants that have
completed a Request for Qualifications process to be considered qualified to perform a
wide variety of work. One such list is for architectural services. Of the six firms on this
list, two firms submitted experience in conducting building condition assessments.
These two firms were Innovative Resources and The KPA Group (KPA). On November
14, 2017, Public Works staff completed an oral review panel to further evaluate the
qualifications in completing this type of work with the two consultants. At the
conclusion of this process, KPA was determined most qualified and invited to prepare a
proposal based on a defined scope of work.
Staff received the KPA proposal on the deadline date of December 14, 2017 in the
amount of $946,727. During the qualification process KPA had been informed of the
$200,000 available budget for this project. As their proposal was significantly high, a
follow-up meeting with the Principal Architect of KPA occurred on December 19, 2017.
The purpose of the meeting was to compare the defined scope of work with that
detailed in the KPA proposal and to ensure that KPA was not duplicating any
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previously completed studies. These studies include, but were not limited to, seismic
analyses at City Hall and accessibility studies at various City facilities.
Subsequent to the follow-up meeting and upon further review of completed studies,
KPA resubmitted a proposal in the amount of $198,720. For this proposal amount a
comprehensive scope of work will be completed by KPA. To support the project, City
staff will be instrumental in providing to KPA all known facility information in addition
to facilitating internal discussions regarding space use efficiencies.
Work is scheduled to be complete at City Hall by the end of February and all work is
scheduled for completion within seven months.
Sustainability Impact
No sustainability impact.
CEQA
Exempt
Fiscal Impact
Authority to execute this agreement will be contingent on the proposal being acceptable
and within the existing project budget of $200,000 in the Service Center Administration
operating budget 100-83-807. No additional funding is being recommended at this time.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachment:
A - Request for Proposal for the 2017/18 Comprehensive Facility Condition and Use
Assessments project
B – KPA Proposal dated December 27, 2017
C - Condition Assessment Checklist for Primary Facilities
D - Condition Assessment Checklist for Secondary Facilities
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December 27, 2017
Roger Lee
Assistant Director of Public Works
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Subject: 2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments
Dear Mr. Lee,
The KPA Group has prepared this scope of services and fee for the architectural/engineering services for
the Comprehensive Facility Condition, Energy and Use Efficiency Assessments of the following City-
owned facilities:
Category Building SF
CH City Hall 23,040
Primary
Senior Center 15,500
Sports Center 16,750
Quinlan Community Center 28,695
Service Center 18,439
Admin Bldg.
Shops & Mechanic Bldg.
Welding Bldg.
Blackberry Farm 16,582
Retreat Center & Garage
Pool Pump Bldg.
Trail Restroom
Lifeguard Bldg.
Trailauxiliary Bldg.
Kiosk
Cafe
Golf Course Maint Bldg.
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Primary
Historic House
Stocklmeirs House (3)
McClellan Ranch Park 4,895
House/Gift Shop
Nature Museum
Milk Barn Bldg.
Barn
Barn Shed
4C'S
Monta Vista 12,236
Gymnastics Bldg.
Pre-school Bldg.
Snack Shack
Secondary
Creekside Park 1,750
Kennedy Sports Field 744
Jollyman Park 529
Portal Park 1,857
Restrooms
Rec Bldg.
Wilson Park 2,369
Rec Bldg.
Restroom
Snack Shack
Traffic Maint Yard 1,532
Building 1
Building 2
Memorial Park 1,035
Restrooms
Shed By Restroom
Shed By Field
Gazebo
Cargo Container
Miscellaneous Bldgs. (7) 2,169
Eaton Elementary School
Garden Gate School
Hyde Jr. High
Linda Vista Park Rests. & Shed
Mann Cr. Pump Station
Mercedes Tank - Maintenance Shed
Regnart School - Arc Supply Shed
Table 1.1 – Facilities by Category
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PROJECT UNDERSTANDING
The City of Cupertino requires a general evaluation of the physical condition, maintenance requirements
and program deficiencies of fifty-one (51) City-owned facilities. The properties require a different level
of detail for their assessments, studies and recommendation summaries. Cupertino City Hall is the
priority and demands a more comprehensive report.
SCOPE OF SERVICES
This document provides a scope of services for the assessment of the City-owned structures and related
work. In addition, this report includes deliverable samples and a detailed fee spreadsheet. The facilities
have been organized into three (3) categories: City Hall (CH), Primary Facilities and Secondary Facilities,
refer to table 1.1 for more information. KPA proposes to divide the project into the following task
assignments:
Task 1: Project Management
Task 2: Data Collection and Analysis
Task 3: Client Meetings
Task 4: Questionnaire
Task 5: City Hall Report
Task 6: Facility Program
Task 7: Field Assessments & Costs
Task 8: Report
Task 9: Return Visits
Task 1: Project Management
The project manager has to regularly coordinate the project in its entirety. As contract administrator,
the project manager will be the point of contact between the City and design team. His responsibilities
include: meeting or calling City officials and discussing project goals, obtaining data, work progress,
strategies, site visit schedules, assessment findings/recommendations and overview of building
deficiency reports. He will guide KPA professionals during tasks. The project manager leads the QA/QC
process and coordinates in-house team meetings, project schedules and report development.
Task 2: Data Collection and Analysis
KPA will collaborate with City personnel to gather and/or discuss existing information such as, but not
limited to, construction drawings, seismic evaluations, structural calculations, MEP and ADA studies. This
data will enable KPA and the City to answer relevant questions and evaluate project goals. Having
enough information from each building will help KPA and the City to make informed decisions in how to
proceed during the assessment phase. Our team will organize, study and analyze the provided
information before visiting each facility. This data will be included in the Final Report as part of the
appendix.
148
Task 3: Client Meetings
The KPA team proposes the following meetings with City officials:
1. Project Kick-Off Meeting
o Project introduction.
o Data collection - Existing information sharing.
o Major general concerns per building discussion.
o Establish project main goals.
o Define questionnaire content.
o Facility field visits/access discussion - Develop the first phase of facility assessment
schedule. The first phase includes City Hall and other primary facilities.
2. City Hall and Report Layout Meeting
o It will take place after KPA reviewed questionnaire, field assess and documented
findings of City Hall.
o Discuss questionnaire findings for City Hall.
o Examine City Hall field assessment findings and recommendations.
o Using City Hall report as a templated, KPA and City will discuss general report layout.
3. Status Meeting – Primary Facilities
o It will take place after KPA reviewed questionnaire, field assessed and documented
finding of primary facilities.
o Discuss questionnaire findings for primary facilities.
o Examine primary facilities assessment findings and recommendations.
o Report update.
4. Status Meeting – Secondary Facilities
o It will take place after KPA field assessed and documented finding of secondary facilities.
o Examine secondary facilities findings and recommendations.
o Final draft report review.
5. Cost, Facility Programs and Recommendations Meeting
o Review cost estimates.
o Discuss facility programs concerns and alternatives.
o Final draft report submittal.
6. Project Close-Out Meeting
o Final report submittal.
o Review overall project findings and recommendations.
149
Task 4: Questionnaire
KPA, in collaboration with the City, will create a data-poll of existing facility staff to understand the
current operations, capacities and deficiencies of the following facilities: City Hall, Senior Center,
Quinlan Community Center, Service Center Administration Building and Blackberry Farm Retreat Center.
It is the responsibility of the City to distribute to users/staff and return fill out forms. The survey will be
used to develop a facility program that studies the present building deficiencies and opportunities. A
sample questionnaire is attached.
1 General Data
Name
Title or Position
Department
Present Location (building, section, floor, room no.,
etc.)
Date Information Submitted
6 To what extent is visual privacy necessary in your
meetings?
_____ My job does not require me to hold meetings.
_____ None of my meetings require visual privacy.
_____ Some of my meetings require visual privacy.
_____ Most of my meetings require visual privacy.
_____ All of my meetings require visual privacy.
2 When you are in your office/work space, how is the space
used? Please describe the kinds of work activities and
processes that go on in your work/office space in a typical
month by estimating the percentage of time you spend on
each of the following in that space: Percentage (%)
_____% Writing/dictating (letters, reports and memos)
_____% Reading (letters, reports, memos, etc.)
_____% Typing, word processing, calculating
_____% Filing/retrieving files
_____% Meeting with others
_____% Talking on the telephone
_____% Other—describe
7 To what extent is acoustical privacy necessary in your
meetings?
_____ My job does not require me to hold meetings.
_____ None of my meetings require acoustical privacy.
_____ Some of my meetings require acoustical privacy.
_____ Most of my meetings require acoustical privacy.
_____ All of my meetings require acoustical privacy.
3 How often do you have to schedule meetings in rooms
other than your office/work space because your regularly
assigned space is too small, inadequately equipped, or
insufficiently private?
_____ Once a day
_____ Once a week
_____ Once a month
_____ Never
_____ My job does not require me to hold meetings.
8 Please check off on the list below any furniture items
located outside your immediate office/work space that you
share with others:
_____ Desk
_____ Work table or credenza
_____ Conference table
_____ Bookcase(s)
_____ File cabinet(s)
_____ Other (please describe)
4 If you use your office/work space for meetings,
discussions, or interviews, typically how many people are
present, not including you?
_____ No meetings are held in my office/work space
_____ One person other than me
_____ Two persons
_____ Three persons
_____ Four or more persons other than me
9 How do such space and furniture sharing arrangements
interfere with your productivity?
_____ Not at all
_____ Computer not available
_____ Not enough file space
_____ Not enough privacy
_____ Not enough workspace
5 If you had the space available in your own office/work
space, would your work be made more effective by having
people attend such meetings? If so, please indicate ideally
how many people your work space should accommodate:
_____ The same # of people I indicated for item 4
_____ One person other than me
_____ Two persons
_____ Three persons
_____ Four or more persons other than me
10 How much information that you receive or produce do you
store or file for future reference (as opposed to discarding
it)?
_____ 75% or more
_____ 50% to 74%
_____ 25% to 49%
_____ 0% to 24%
Table 1.2 for City Hall Questionnaire Sample
150
Task 5: City Hall Report
Completing the City Hall report is a schedule priority and KPA will submit a Draft Report of this facility at
the end of February 2018. The report layout will be created while documenting all information for this
facility. Additional comprehensive material will be provided for City Hall, including:
Facility program considering current and future needs by department.
One (1) day space planning charrette – Two (2) conceptual options (hand-drawing diagrams
only).
ADA compliance study.
Analysis of seismic evaluation provided by City with recommended measurements.
General cost estimate for each facility program alternate.
Walk-thru, photograph and physical evaluation divided by facility departments.
Task 6: Facility Program
In collaboration with the city, KPA will collect, organize and analyze existing data to prioritize buildings
(City Hall, Senior Center, Quinlan Community Center, Service Center Administration Building and
Blackberry Farm Retreat Center). A draft facility program will be created for the facilities listed.
A Facility Program working session lead by KPA and City officials will be held. During this three (3) day
Charrette, KPA will study the survey information and develop draft facility programs that include the
present building capacities, deficiencies and opportunities of the selected buildings as well as 10 year
facility use projections and facility renovation, expansion or replacement recommendations.
This draft document will:
• Identification and description of the facilities problems
o Quantitative problems – (space, furniture, etc.)
o Qualitative problems – (involving the nature of the space or other facility attributes)
• Identification of the factor(s) that influence the existence and/or magnitude of facility problems
• Data to show factors affecting the facilities, if provided by the City.
• Future projection of facility’s needs, if provided by the City.
• Description of consequences cause by facilities problem(s)
• Discussion of how deficiencies affect the ability of the agency to attain its mission and goals.
• Develop a draft program for each facility that addresses current and future needs. In addition,
the proposed program should present solutions for facility deficiencies.
• Identification of alternative solutions with cost effectiveness analysis.
o One (1) alternative that does not involve a capital project such as managing, changing
and maintaining of operations and services under current conditions. Another option
could be changing internal policies or practices.
o One (1) alternative that involves a capital project, such as the construction of a new
facility, renovation or upgrade of an existing facility.
151
Task 7: Field Assessments & Costs
A. Primary Facilities:
o Building health/life condition checklist
KPA’s field assessment team will walk-thru each facility, observe the physical
state of building elements and assess each facility’s maintenance needs related
to the following elements:
• Site/ Landscape
• Building Envelope
• Building Interior
• Building Structural
This building condition assessment will provide the City with general building
deficiencies and forecasts future, maintenance and repair requirements.
o Photos as needed to report general condition and major issues.
o General ADA compliance observation checklist
KPA will analyze existing ADA compliance studies; observe major physical
barriers; discuss with ADA deficiencies such as accessible entry, handicap
parking availability, stairs, ramps, railings and barrier free routes.
KPA will not measure building components (including but not limited to doors,
corridor, ramps and bathrooms stalls) to determine ADA Compliance.
o Code compliance observation
KPA will help the City identify main code compliance issues in primary facilities.
o MEP systems condition checklist
KPA will observe and document major mechanical, electrical and plumbing
systems condition.
• Electrical, mechanical and plumbing fixtures and equipment will be
excluded on this assessment.
• If more information is required to determine life span of a system and
with City’s approval, an engineer can be hire as an additional service.
o Analysis of existing seismic evaluations for City Hall only.
KPA will study and analyze existing seismic evaluations for City Hall provided by
the City. A summary of findings and recommendations will be included on the
report. KPA will not evaluate the accuracy of existing seismic evaluations and we
are not responsible for errors and omitted information in the existing reports.
o Field Report of primary facilities will include major findings, buildings general condition
recommendations and preliminary cost estimates for main components of each
building.
o Refer to Attachment A: Condition Assessment Checklist for Primary Facilities
152
B. Secondary Facilities by group
o Building health/life condition checklist
KPA’s field assessment team will walk-thru each facility, observe the physical
state of building elements and assess each facility’s maintenance needs related
to the following elements:
• Site/Landscape
• Building Envelope
• Building Interior
• Building Structural
This secondary group condition assessment will provide the City with general
building deficiencies and forecasts future, maintenance and repair requirements
per group.
o Photos as needed to report general condition and major issues.
o General ADA compliance observation for public bathrooms only in the following
secondary facilities: Creekside Park, Kennedy Sports Field, Jollyman Park, Memorial
Park, Portal Park, Wilson Park and Traffic Maint.
o General MEP systems condition checklist
KPA will document overall building mechanical, electrical and plumbing systems
condition from healthy to deteriorate.
o Refer to Attachment B: Condition Assessment Checklist for Secondary Facilities
Task 8: Report
KPA will develop a report summarizing existing information collected from the City, photos, field
assessments and City discussions. Observed significant physical deficiencies are documented and
opinions of probable costs are prepared for necessary repairs or replacements. The report will be
divided between primary facilities and secondary facilities. Each building will have the following
information:
Section 1 - Facility Description. This section consists of general facility information.
• Location
• Year built and renovated
• Type of construction
• Gross area
• Building function
• Date of field survey
• Exterior descriptions and notes
• Overall repairs/maintenance cost
• General condition of facility
Section 2 – Field Assessment Checklist
• See attachment A for Primary Facility Assessment Checklist
• See attachment B for Secondary Facility Assessment Checklist
153
Section 3 – Building Report
• Summary of findings
• Summary of recommendations
• General cost estimate
• Time frame – Priority
• Refer to the following table for report sample summary table:
Category Finding Recommendation Time Frame Cost
Site/Landscape
Perimeter Fencing Broken Replace 3 to 6 months $ 1,000
Exterior Furniture Paint
Damage
Painted 3 to 4 years $ 500
ADA Compliance
Exterior railings Broken Repair 6 to 1 year $ 500
Exterior Envelope
Gutters Clogs Clean 3 to 6 months $ 2,000
Exterior finish Old paint Painted 3 to 4 years $15,000
Window Broken Replace 3 to 6 months $ 3,000
Interior Elements
ACT Old Replace 2 to 3 years $ 20,000
Total Cost $ 42,000
Table 1.3 - Facility Report Table Sample
Section 4 – Photo-documentation
This section includes photographs of general facilities conditions and findings. For primary category
facilities KPA will document a minimum of eight (8) photos. Each facility condition and type vary and KPA
will photo-documented accordingly. Also, for secondary facilities four (4) pictures per group and at least
two (2) of each building. Picture type samples follow:
• Building main entry
• Other building access (for primary facilities only)
• Means of egress
• Typical building envelope
• Typical interior condition (floor, wall and ceiling)
• Structural condition (foundation, columns and beams)
• General bathrooms condition
• MEP systems
• Site general conditions
• Accessible compliance findings
Section 5 – Appendix
• Existing ADA studies
• Existing seismic evaluations
• Existing energy saving analysis
• Any other existing study and/or report provided by the City will be attached to corresponding
building
154
Task 9: Return Visit
After completing facility field assessments, some issues or questions may emerge. KPA may return to a
facility and reassess conditions to answer any previously stated question or recommendation accurately.
Project Deliverables
• One (1) bound Progress Report for City Hall
• One (1) bound copy of Progress Report for Primary Facilities’ Condition Assessments
• One (1) bound copy of Progress Report for Secondary Facilities’ Condition Assessments
• Three (3) bound and one (1) electronic copy of City Hall Final Report
• Three (3) bound and one (1) electronic copy of Final Report
Schedule
The Architect will complete the Facility Assessment and Program of the City Hall within 60 days after
Notice to Proceed (NTP) and the City Hall Report within 90 days after NTP. Total estimated schedule for
assessment, programming documents and Final Report is 210 days from NTP.
City Responsibilities
1. Provide access to existing facilities and departments.
2. Meet with KPA to discuss project needs and updates.
3. Provide copies of available data on existing facilities, such as:
a. Existing drawings (plans and interior elevations). Preferably in CAD.
b. Existing seismic evaluations
c. Existing energy saving analysis
d. Existing program/space planning studies
e. Current facility program
f. Existing space summaries, previous building, space, feasibility or other similar facility
studies or master plans.
g. Previous cost estimates
h. List of deferred maintenance items for each facility, if available.
4. Provide positions of staff and any future staffing projections and facilities needs for 2025.
5. Provide a representative with complete authority to transmit instructions, receive information
and provide directives.
6. Distribute questionnaires to staff and users and return responses to KPA.
7. Provide list of future facilities needs for 2025.
8. Meet with users and staff to obtain additional information about current program/space
deficiencies.
9. Provide timely review, feedback and directives to maintain project schedule.
155
Scope of Work Exclusions and Clarifications Currently Not Estimated
The following work scopes referenced in the RFP are not included in our proposal.
• Forensic inspection –KPA will provide an observation of facilities’ conditions without forensic
inspections.
• Testing – KPA will not perform any building testing and related work, including but not limited to
building physical envelope, waterproofing, elevators, lead, asbestos and hazardous materials.
• Health/life safety systems evaluation -- Including Code requirements, fire suppression systems,
fire alarms, backflow prevention devices, elevators, and emergency power systems.
o KPA will notify the City of any major findings.
o KPA will develop a general fire suppression system checklist.
• Seismic Evaluation – KPA will only study existing seismic data and include it as an appendix with
final report.
• ADA Compliance –KPA will not measure building components. These observations are not
defined as an ADA assessment.
o KPA will create an ADA compliance checklist, study existing ADA reports and inform City
of observed deficiencies.
• Preventative Maintenance (PM) – KPA will not perform PM and related work.
• Monthly Reports – KPA will not provide monthly reports. Refer to Deliverables for project
submittals.
• Electrification Analysis – KPA will not perform Electrification Analysis and related work.
• Space Use efficiency assessment - KPA will not perform Space Use efficiency assessments.
o We will create a Facility Program. Refer to Task 5: Facility Program for more information.
• Review existing facility use by both public and staff. – KPA will not meet and/or review existing
facility use with users, public or staff.
o KPA will develop a questionnaire to be distributed by City officials to staff. Refer to Task
3: Prepared, Studied and Analyzed Questionnaire.
• Facility Energy Efficiency Assessments - KPA will not perform Facility Energy Efficiency Analysis
and related work such as savings analysis including providing comprehensive recommendations
for capital energy efficiency measures.
o Provided facility energy data by the City will be studied and included as an appendix
with the final report.
• Plumbing system evaluation – KPA will not perform fully plumbing system evaluations.
o KPA will observe major plumbing system condition, water stains and galvanized pipes.
The plumbing systems checklist will be included in our report.
• Time of Completion – KPA will not provide schedules.
o KPA will include a time frame in the Facility Report Table. Refer to task 7: Field Report,
Section 3: Building Report.
• Conveyance Systems: KPA will not assess any conveyance system including but not limited to
elevators.
156
Compensation
The compensation for the work described under the Scope of Services summarized for each task
demand is as follows:
Task 1: Project Management $10,575
Task 2: Data Collection and Analysis $1,485
Task 3: Client Meetings $7,080
Task 4: Questionnaire $1,980
Task 5: City Hall Report $23,790
Task 6: Facility Program $15,360
Task 7: Field Assessments $100,665
Task 8: Report $21,225
Task 9: Return Visits $11,160
Task 10: Reimbursable Expenses $5,400
TOTAL $198,720
Refer to following spreadsheet for a detailed fee itemization.
We understand that a wide combination of services and depth of services may vary significantly. We will
endeavor to bring value to the project and make appropriate adjustments in project approach, fees and
work scopes to meet the City’s needs.
The Scope of Services and Compensation stated in this proposal are valid for a period of thirty (30) days
from date of submission. If authorization to proceed is not received during this period, this proposal may
be reviewed and modified by The KPA Group.
Sincerely,
The KPA Group
Paul W. Powers, NCARB, AIA
Principal
6700 Koll Center Parkway, Suite 125
Pleasanton, CA 94566
P 925.223.8217 ext 207
M 925.872.0244
paulp@thekpagroup.com
157
Cupertino Fee Proposal | December, 27 2017
2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments
Principal Project Manager Designer
240 225 180
1 Project Management
1.1 Contract Administration 4 4 $1,860
1.2 Architectural/Engineering Team Coordination 6 $1,350
1.3 Architectural/Engineering Team Project Meetings 2 6 4 $2,550
1.4 Site Visits Coordination 5 $1,125
1.5 Quality Control Reviews 8 2 $2,160
1.6 Develop Meeting Notes 2 6 $1,530
Subtotal 6 31 12 $10,575
2 Data Collection and Analysis
2.1 Data Collection 1 $225
2.2 Data Organization 2 $360
2.3 Data Analysis 4 $900
Subtotal 0 5 2 $1,485
3 Client & Project Manager Meetings
3.1 Project Kick-Off Meeting 4 4 $1,860
3.2 City Hall and Report Layout Meeting 4 4 $1,620
3.3 Status Meeting – Primary Facilities 4 $900
3.4 Status Meeting – Secondary Facilities 4 $900
3.5 Cost, Facility Programs & Recommendations Meeting 4 $900
3.6 Project Close-Out Meeting 4 $900
Subtotal 4 24 4 $7,080
4 Questionnaire
4.1 Prepare Questionnaires by Facility Type 2 6 $1,530
4.2 Compare Data to Existing Program & Future Projections 2 $450
Subtotal 0 4 6 $1,980
5 City Hall Report
5.1 Develop Report Layout 2 8 $1,890
5.2 Condition Assessment 16 16 $6,480
5.3 ADA Compliance Assessment 8 16 $4,680
5.4 Department Photo Walk-Thru by Department 8 $1,440
5.5 Existing Seismic Evaluation Analysis 6 $1,350
5.6 Cost Estimate per Facility Program Alternate 2 4 $1,380
5.7 One (1) day Space Planning Charrette 8 8 $3,240
5.8 Develop City Hall Report 2 16 $3,330
Subtotal 2 46 72 $23,790
6 Facility Program
6.1 Organize Existing Program Data & Select Facilities 4 8 $2,340
6.2 Three (3) Day Program Charrette 4 24 24 $10,680
6.3 Document Charrette Findings 4 8 $2,340
Subtotal 4 32 40 $15,360
Hours
Task Subtotal
158
Cupertino Fee Proposal | December, 27 2017
2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments
Principal Project Manager Designer
240 225 180
7 Field Assessment
7.1 Develop Facility Assessment Checklists 1 2 $585
7.2 Assess Primary Facilities - Field Work 8 84 84 $35,940
7.2a Senior Center 12 12
7.2b Sports Center 12 12
7.2c Quinlan Community Center 16 16
7.2d Service Center 12 12
7.2e Blackberry Farm 12 12
7.2f Mcclellan Ranch Park 8 8
7.2g Monta Vista 12 12
7.3 Document Primary Facilities Field Visit 84 84 $34,020
7.3a Senior Center 12 12
7.3b Sports Center 12 12
7.3c Quinlan Community Center 16 16
7.3d Service Center 12 12
7.3e Blackberry Farm 12 12
7.3f Mcclellan Ranch Park 8 8
7.3g Monta Vista 12 12
7.4 Assess Secondary Facilities - Field Work 4 36 36 $15,540
7.4a Creekside Park Rec. Bldg. 4 4
7.4b Kennedy Sports Field 2 2
7.4c Jollyman Park 4 4
7.4d Portal Park 4 4
7.4e Wilson Park 6 6
7.4f Traffic Maint Yard 4 4
7.4g Memorial Park 4 4
7.4h Miscellaneous Bldgs. (7)8 8
7.5 Document Secondary Facilities Field Visit 36 36 $14,580
7.5a Creekside Park Rec. Bldg. 4 4
7.5b Kennedy Sports Field 2 2
7.5c Jollyman Park 4 4
7.5d Portal Park 4 4
7.5e Wilson Park 6 6
7.5f Traffic Maint Yard 4 4
7.5g Memorial Park 4 4
7.5h Miscellaneous Bldgs. (7)8 8
Subtotal 12 445 446 $100,665
Task
Hours
Subtotal
159
Cupertino Fee Proposal | December, 27 2017
2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments
Principal Project Manager Designer
240 225 180
8
8.1 Develop Primary Facilities Draft Report 6 35 20 $12,915
8.1a Develop Cost Estimate per Facility 4 12 4
8.1b Develop Facility Recomm. Summary Table 2 10 4
8.1c Organize Photos 1 12
8.1d Evaluations 12
8.2 Develop Secondary Facilities Draft Report 2 16 9 $5,700
8.2a Develop Cost Estimate Summaries 1 4 1
8.2b Develop Facility Group Recomm. Summary Table 1 6 2
8.2c Organize Photos 6
8.2d Evaluations 6
8.3 Develop Final Report 2 12 $2,610
Subtotal 16 104 70 $21,225
9 Return Visit
9.1 Field Visit – Field Work 16 16 $6,480
9.2 Document Field Visit 8 16 $4,680
Subtotal 0 24 32 $11,160
10 Reimbursable Expenses
10.1 Printing $1,200
10.2 Travel $3,200
10.3 $1,000
Subtotal $5,400
Total 44 715 684 $198,720
Fees
Report
Task
Hours
Subtotal
160
Attachment A: Condition Assessment Checklist for Primary Facilities Evaluation Criteria
Facility Name: 5 Excellent New or like-new condition; no issues to report; no expected failures; Plan 8 to 10 years.
Address: 4 Good Good condition; no reported issues or concerns; consider replacement 6 to 8 years.
Area: 3 Fair Average wear for building age; not new but no issues to report; replace within 4 to 6 years.
Year built: 2 Poor Worn from use -end of expected lifecycle. Replace within 2 to 4 years.
Construction Type: 1 Critical Extremely worn or damaged; replace in next 2 years.
System Condition Comments System Condition
5 4 3 2 1 N/A 5 4 3 2 1 N/A
Site/ Civil/ Landscape
Emergency Vehicle Access Bike Racks / Storage (Safe & Accessible)
Access Gates Irrigation System
Perimeter Fencing Landscape Vegetation
Athletic Field / Court Fencing Landscape Walls / Structures
Equipment / Stormwater Fencing Trees and Shade Systems
On-Site Sidewalks / Crosswalks Patio Systems (Paver, Brick, etc.)
Paving Electrical Service
Striping / Markings / Speed Bumps Gas Distribution System
Curbing Sanitary Collection / Septic System
On-Site Signage Storm Water Management
Off-Site Signage Voice / Data System
Pedestrian Access (ADA & Safety) Water Distribution System (Galvanized)
Exterior Furniture Backflow Preventer
Exterior Envelope
Foundation/ Footing Roofing
Structure Condition Rating
Dampproofing / Dewatering Roof Openings (Skylights)
Slab on Grade Roof Openings (Access)
Floor Framing Roof Equipment Curbing
Columns/ Beams/ Walls Leakage
Structure Ponding Water
Applied Fireproofing Systems Roof Drains
Covered Walkways Gutters / Downspouts
Exterior Walls Doors/ Windows/ Louvers
Exterior Finish Windows
Soffits Louvers and Vents
General Appearance Main Entry Doors & Hardware
Other Exterior Doors & Hardware
161
System Condition Comments System Condition
5 4 3 2 1 N/A 5 4 3 2 1 N/A
Interior Elements
Ceilings Toilet Rooms
ACT Restroom Accessories
Drywall Toilet Partitions
Flooring Screen Partitions
Carpet Flooring
VCT Walls
Tile Signage
Terrazzo ADA Accessibility (Large Stall)
Wood Restrooms Fixtures
Sealed Concrete Water Closets
Stairs Urinals
Landing finish Lavatories / Sinks
Stair treads ADA Fixture Provisions (heights)
Stair nosings Signage
Handrails Room (Side Mount or Door Head
Mount)
Directional
Mechanical, Electrical and Plumbing Systems
HVAC Chillers
Electrical Systems Cooling Towers
Emergency Generator Boilers
Hot & Cold Water Distribution System Water Heaters
Gas Distribution Systems Transformers
ADA Compliance
Handicap Parking Exterior Ramps and walks
Passenger loading zones Barrier free route
Accessible Entry Building Entry
Exterior Stairs and railings
Fire/ Life Safety
Fire Suppression System
Fire Alarm System
162
Attachment B: Condition Assessment Checklist for Secondary Facilities
Facility Name: Area:
Address: Year built:
Construction Type:
Evaluation Criteria
5 Excellent New or like-new condition; no issues to report; no expected failures; Plan 8 to 10 years.
4 Good Good condition; no reported issues or concerns; consider replacement 6 to 8 years.
3 Fair Average wear for building age; not new but no issues to report; replace within 4 to 6 years.
2 Poor Worn from use -end of expected lifecycle. Replace within 2 to 4 years.
1 Critical Extremely worn or damaged; replace in next 2 years.
System Condition Action Cost Estimate
5 4 3 2 1 N/A Immediate Reserve
Site Improvements
Storm Drain System
Parking Pavement, Curb & Gutter
Sidewalks
Utilities
Landscaping
Site Lighting
Site and building signage
Structural Systems and Building Envelope
Foundations
Structural Systems including floors
Exterior Doors & Frames
Stairs (Interior and Exterior)
Roof Coverings
Roof Drainage
Mechanical, Electrical & Plumbing
HVAC
Electrical
Emergency Generator
Hot & Cold Water Distributor System
Water Heaters
Gas Distribution System
Interior Elements
Ceilings Finishes
Floor Finishes
Partitions
Painting
ADA Compliance
ADA Accessibility (Restroom Large Stall)
ADA Fixture Provisions (heights)
Handicap Parking
Passenger loading zones
Accessible Entry
Exterior Stairs and railings
163
Actions
NM: Normal Maintenance
IR: Immediate Replacement
RR: Replacement Reserves
NA: Not Applicable
MI: More Information Needed
Vocabulary for Recommendations:
Major Concern: a system or component which is considered significantly deficient or is unsafe. Significant
deficiencies need to be corrected and, except for some safety items, are likely to involve significant expense.
Safety Issue: denotes a condition that is unsafe and in need of prompt attention.
Repair: denotes a system or component which is missing or which needs corrective action to assure proper and
reliable function. Improve: denotes improvements which are recommended but not required.
Monitor: denotes a system or component needing further investigation and/or monitoring in order to
determine if repairs are necessary.
Deferred Cost: denotes items that have reached or are reaching their normal life expectancy or show
indications that they may require repair or replacement anytime during the next five (5) years.
164
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3251 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:11/9/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Second Reading for an ordinance to amend regulations in Title 19, Zoning of the Municipal
Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and Chapter
19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application No(s).: MCA-2017-05;
Applicant(s): City of Cupertino; Location: Citywide)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance No. 17-2170
B - Redline ADU Ordinance
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Second Reading for an ordinance to amend regulations in Title 19, Zoning of the
Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08,
Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones
(Application No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location: Citywide)
That the City Council conduct the second reading and enact Ordinance No. 17-2170: “An
Ordinance of the City Council of the City of Cupertino amending Chapter 19.08, Definitions
and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones (Residential
Zoning Districts) to conform to new state laws”
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Agenda Date: January 16, 2017
Subject
Second Reading for an ordinance to amend regulations in Title 19, Zoning of the
Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08,
Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1
zones (Application No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location:
Citywide)
Recommended Action
That the City Council conduct the second reading and enact Ordinance No. 17-2170:
“An Ordinance of the City Council of the City of Cupertino amending Chapter 19.08,
Definitions and Chapter 19.112, Accessory Dwelling Units in R -1, RHS, A and A-1
Zones (Residential Zoning Districts) to conform to new state laws” (Attachment A.)
Discussion
On December 19, 2017, Council introduced and conducted the first reading of ordinance
17-2170. The changes to the Municipal Code are indicated in redlines in Attachment B.
Ordinances require a second reading at least five days after the ordinance is introduced.
Upon the second reading, the ordinance may be enacted.
Next Steps
The ordinance will be effective 30 days after the second reading (February 16, 2018.)
Prepared by: Piu Ghosh Principal Planner
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved by: David Brandt, City Manager
ATTACHMENTS
A. Ordinance No. 17-2170
B. Redlines indicating changes to Municipal Code
166
ORDINANCE NO. 17-2170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.08, DEFINITIONS AND CHAPTER 19.112,
ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
(RESIDENTIAL ZONING DISTRICTS) TO CONFORM TO NEW STATE LAWS
WHEREAS, recent changes in state law require that cities prioritize and allow
ministerial approval of Accessory Dwelling Units to help address the housing crisis, and
the City desires to update its Accessory Dwelling Unit ordinances to conform with
Assembly Bill 494 and Senate Bill 229, which are codified in California Government
Code section 65852.2;
WHEREAS, regulations regarding Accessory Dwelling Units are codified in Chapter
19.112 of the Cupertino Municipal Code, and with this proposed ordinance the city
seeks to make appropriate amendments to ensure conformity with the new state laws;
WHEREAS, this Ordinance is determined to be statutorily exempt from the
requirements of the California Quality Act of 1970, together with related State CEQA
Guidelines (collectively, “CEQA”) under Public Resources Code section 21080.17
(Application of Division to Ordinances Implementing Law Relating to Construction of
Dwelling Units and Second Units) and CEQA Guidelines Section 15282(h) as the
adoption of an ordinance by a city to implement the provisions of Government Code
Section 65852.2;
WHEREAS, the City Council is the decision-making body for this Ordinance, and based
on its independent judgment determines that the Ordinance is not a project as defined
by CEQA and is further statutorily exempt from CEQA as stated above.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.08.030 of Title 19 of the Cupertino Municipal Code is hereby
amended to change the following definitions. All other provisions remain unchanged
and in full force and effect:
"Single-family use" means the use of a parcel for only one dwelling unit.
“Single family residence,” for purposes of Chapter 19.112, shall mean only detached
single family dwelling units that are not detached row-houses, duplexes, townhouses,
or condominiums or properties that have a shared ownership interest in common open
space or recreational areas.
167
SECTION 2. Chapter 19.112 of Title 19 of the Cupertino Municipal Code is hereby
amended as follows:
The Title is changed from “Accessory Dwelling Units in R-1, RHS, A and A-1 Zones” to,
“Accessory Dwelling Units.”
SECTION 3. Section 19.112.020 of Title 19 of the Cupertino Municipal Code is hereby
amended to be numbered, entitled, and to read as follows:
19.112.020 Applicability of Regulations.
Notwithstanding any provision of this title to the contrary, one accessory dwelling unit:
1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding
the underlying zoning, an accessory dwelling unit developed pursuant to this chapter
does not cause the lot upon which it is located to exceed its maximum the allowable
density on the lot, and
2. Is permitted on a single-family lot within a zone for single family use if the accessory
dwelling unit is proposed to be contained entirely within the existing space of a single
family residence or an existing accessory structure, to create an accessory dwelling unit;
and
3. Must comply with the site development regulations and guidelines specified in
those zoning districts for dwelling units, including but not limited to, lot coverage, floor
area ratio, height, setbacks, landscape etc. the regulations contained in this chapter,
Chapter 19.100, Accessory Structures/Buildings, Chapter 19.124, Parking, except as
those standards may be modified by this chapter.
SECTION 4. Table 19.112.030 of Section 19.112.030 of the Cupertino Municipal Code is
hereby amended to read as follows:
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Conversion of
space entirely
within existing
structures
New Construction and/or Additions
Attached to Principal
Dwelling Unit
Detached from Principal
Dwelling Unit
A. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size
10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of the
existing living space of the principal dwelling unit, whichever is more
restrictive.
168
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Conversion of
space entirely
within existing
structures
New Construction and/or Additions
Attached to Principal
Dwelling Unit
Detached from Principal
Dwelling Unit
B.
Second-story
accessory
dwelling unit
Allowed if the unit:
1. Is a conversion of existing second story
portions of the principal dwelling unit; and
2. Complies with applicable landscape
requirements to adjoining dwellings consistent
with Section 19.28.120
Not allowed
C. Parking
1. Parking for
accessory
dwelling unit
None
One additional off-street parking space shall be provided,
if the principal dwelling unit has less than the minimum
off-street parking spaces for the applicable residential
zoning district in which it is located, as required in
Chapter 19.124 unless the unit meets the following
requirements:
a. Is within one-half (1/2) mile of a public transit stop; or
b. Located in an architecturally and historically
significant historic district; or
c. Occupant of the ADU is not allowed/
offered a required on-street parking permit; or
d. Located within one block of a car share vehicle pick-
up location.
2. Replacement
parking spaces
when new
accessory
dwelling unit
converts existing
covered,
uncovered or
enclosed parking
spaces required
for the principal
a. Replacement spaces must be provided for the principal dwelling unit to
meet the minimum off-street parking spaces for the applicable residential
zoning district in which it is located, as required in Chapter 19.124.
b. Replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including but not limited to covered spaces,
uncovered spaces, tandem spaces or by use of mechanical automobile parking
lifts.
c. Any replacement parking spaces provided must comply with the
development regulations for the applicable zoning district in which it is
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
169
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Conversion of
space entirely
within existing
structures
New Construction and/or Additions
Attached to Principal
Dwelling Unit
Detached from Principal
Dwelling Unit
dwelling unit
D. Direct outside
access
1. Independent outdoor access must be provided without going through the
principal dwelling unit.
2. Where second-story accessory dwelling units are allowed, entry shall not
be provided by an exterior staircase.
E. Screening from
public street All access to accessory dwelling units shall be screened from a public street.
SECTION 5: Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on
any other provision of this Ordinance or the application of this Ordinance to any other
person or circumstance and, to that end, the provisions hereof are severable.
SECTION 6: Effective Date. This Ordinance shall take effect thirty days after adoption as
provided by Government Code Section 36937.
SECTION 7: 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. Purs uant 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.
SECTION 8: Continuity. To the extent the provisions of this Ordinance are substantially
the same as previous provisions of the Cupertino Municipal Code, these provisions
shall be construed as continuations of those provisions and not as amendments of the
earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 19th day
of December 2017 and ENACTED at a regular meeting of the Cupertino City Council
on this 16th day of January 2018 by the following vote:
170
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Darcy Paul, Mayor
City of Cupertino
171
DESK ITEM AGENDA ITEM #3
REDLINED ORDINANCE
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING CHAPTER 19.08, DEFINITIONS, AND CHAPTER 19.112,
ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
(RESIDENTIAL ZONING DISTRICTS) TO CONFORM TO NEW STATE LAWS
The Planning Commission having heard this matter on November 14, 2017 during a
regularly noticed public hearing, and after hearing from the public and considering
staff’s recommendations;
NOW, THEREFORE, the Planning Commission of the City of Cupertino hereby
recommends approval of the proposed Ordinance in substantially the form as shown in
Exhibit “A,” attached hereto.
PASSED AND ADOPTED this 14th day of November 2017, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Benjamin Fu Don Sun, Chair
Assistant Director of Community Development Planning Commission
172
EXHIBIT “A”
Draft Ordinance No. 17-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.08, DEFINITIONS AND CHAPTER 19.112,
ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
(RESIDENTIAL ZONING DISTRICTS) TO CONFORM TO NEW STATE LAWS
WHEREAS, recent changes in state law require that cities prioritize and allow
ministerial approval of Accessory Dwelling Units to help address the housing crisis, and
the City desires to update its Accessory Dwelling Units ordinance to conform with
Assembly Bill 494 and Senate Bill 229, which are codified in California Government
Code section 65852.2;
WHEREAS, regulations regarding Accessory Dwelling Units are codified in Chapter
19.112 of the Cupertino Municipal Code, and with this proposed ordinance the city
seeks to make appropriate amendments to ensure conformity with the new state laws;
WHEREAS, this Ordinance is determined to be statutorily exempt from the
requirements of the California Quality Act of 1970, together with related State CEQA
Guidelines (collectively, “CEQA”) under Public Resources Code section 21080.17
(Application of Division to Ordinances Implementing Law Relating to Construction of
Dwelling Units and Second Units) and CEQA Guidelines Section 15282(h) as the
adoption of an ordinance by a city to implement the provisions of Government Code
Section 65852.2.
WHEREAS, the City Council is the decision-making body for this Ordinance, and based
on its independent judgment determines that the Ordinance is not a project as defined
by CEQA and is further statutorily exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.08.030 of Title 19 of the Cupertino Municipal Code is hereby
amended to repeal and add the following definitions:
"Single-family use" means the use of a parcel for only one dwelling unit.
“Single family residence,” for purposes of Chapter 19.112, shall mean only detached
single family dwelling units that are not detached row-houses, duplexes, townhouses,
or condominiums or properties that have a shared ownership interest in common open
space or recreational areas.
173
SECTION 2. The title to Chapter 19.112, “Accessory Dwelling Units in R-1, RHS, A and
A-1 Zones” is hereby amended to be entitled and to read “Chapter 19.112, Accessory
Dwelling Units.”
SECTION 3. Section 19.112.020 of Title 19 of the Cupertino Municipal Code is hereby
amended to be numbered, entitled, and to read as follows:
19.112.020 Applicability of Regulations.
Notwithstanding any provision of this title to the contrary, one accessory dwelling unit:
1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding
the underlying zoning, an accessory dwelling unit developed pursuant to this chapter
does not cause the lot upon which it is located to exceed its maximum the allowable
density on the lot, and
2. Is permitted on a single-family lot within a zone for single family use, if the accessory
dwelling unit is proposed to be contained entirely within the existing space of a single
family residence or an existing accessory structure; and
3. Must comply with the site development regulations and guidelines specified in
those zoning districts for dwelling units, including but not limited to, lot coverage, floor
area ratio, height, setbacks, landscape etc. the regulations contained in this chapter,
Chapter 19.100, Accessory Structures/Buildings, Chapter 19.124, Parking, except as
those standards may be modified by this chapter.
SECTION 4. Table 19.112.030 of Section 19.112.030 of the Cupertino Municipal Code is
hereby amended to read as follows:
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of
portions of
space entirely
within existing
structures to an
accessory
dwelling unit
New Construction and/or Additions
New addition to
existing accessory
dwelling unit and
new accessory
dwelling unit
Attached to Principal
Dwelling Unit
Detached from Principal
Dwelling Unit
A. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
174
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of
portions of
space entirely
within existing
structures to an
accessory
dwelling unit
New Construction and/or Additions
New addition to
existing accessory
dwelling unit and
new accessory
dwelling unit
Attached to Principal
Dwelling Unit
Detached from Principal
Dwelling Unit
2. Maximum size
10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of
the existing living space of the principal dwelling unit, whichever is
more restrictive.
B.
Second-story
accessory
dwelling unit
Allowed if the unit:
1. Is a conversion of existing second story
portions of the principal dwelling unit;
and
2. Complies with applicable landscape
requirements to adjoining dwellings
consistent with Section 19.28.120
Not allowed
C. Parking
1. Parking for
accessory
dwelling unit
None
One additional off-street parking space shall be
provided, if the principal dwelling unit has less than
the minimum off-street parking spaces for the
applicable residential zoning district in which it is
located, as required in Chapter 19.124 unless the
unit meets the following requirements:
a. Is within one-half (1/2) mile of a public transit
stop; or
b. Located in an architecturally and historically
significant historic district; or
c. Occupant of the ADU is not allowed/
offered a required on-street parking permit; or
d. Located within one block of a car share vehicle
pick-up location.
175
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of
portions of
space entirely
within existing
structures to an
accessory
dwelling unit
New Construction and/or Additions
New addition to
existing accessory
dwelling unit and
new accessory
dwelling unit
Attached to Principal
Dwelling Unit
Detached from Principal
Dwelling Unit
2. Replacement
parking spaces
when new
accessory
dwelling unit
converts existing
covered,
uncovered or
enclosed parking
spaces required
for the principal
dwelling unit
a. Replacement spaces must be provided for the principal dwelling
unit to meet the minimum off-street parking spaces for the applicable
residential zoning district in which it is located, as required in Chapter
19.124.
b. Replacement spaces may be located in any configuration on the
same lot as the accessory dwelling unit, including but not limited to
covered spaces, uncovered spaces, tandem spaces or by use of
mechanical automobile parking lifts.
c. Any replacement parking spaces provided must comply with the
development regulations for the applicable zoning district in which it is
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
D. Direct outside
access
1. Independent outdoor access must be provided without going
through the principal dwelling unit.
2. Where second-story accessory dwelling units are allowed, entry
shall not be provided by an exterior staircase.
E. Screening from
public street
All access to accessory dwelling units shall be screened from a public
street.
SECTION 5: Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on
any other provision of this Ordinance or the application of this Ordinance to any other
person or circumstance and, to that end, the provisions hereof are severable.
176
SECTION 6: Effective Date. This Ordinance shall take effect thirty days after adoption as
provided by Government Code Section 36937.
SECTION 7: 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.
SECTION 8: Continuity. To the extent the provisions of this Ordinance are substantially
the same as previous provisions of the Cupertino Municipal Code, these provisions
shall be construed as continuations of those provisions and not as amendments of the
earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ___th day
of December 2017 and ENACTED at a regular meeting of the Cupertino City Council
on this ____ day of January 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
177
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3357 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:11/28/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Consider a revised request for General Plan amendment authorization to demolish the
existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development (Westport
Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini);
Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from
December 5, 2017. The applicant has withdrawn the application and the public hearing is cancelled.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Consider a revised request for General Plan amendment authorization to demolish the
existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development
(Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban
(Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041).
Continued from December 5, 2017.The applicant has withdrawn the application and the
public hearing is cancelled.
The applicant has withdrawn the application and the public hearing is cancelled.
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3028 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:9/15/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No.
724 and Resolution No. 17-110
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - 2018 Weed Abatement Program Commencement Report
C - Notice to Destroy Weeds and Program Schedule
D - Letter to Property Owners
E - Approved Resolution No. 17-110
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance
No. 724 and Resolution No. 17-110
Note objections and adopt Resolution No. 18-008 ordering abatement of a public nuisance
(weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 17-110
CITY OF CUPERTINO Printed on 1/10/2018Page 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: January 16, 2018
Subject
Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance
No. 724 and Resolution No. 17-110.
Recommended Action
Note objections and adopt the draft resolution ordering abatement of a public nuisance
(weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 11-110.
Discussion
Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or
destroy weeds on their property for fire protection. The weed abatement process is in
place to notify the property owners of this responsibility, authorize the County to
remove the weeds if the property owner doesn’t, and allow the County to recover the
costs of abatement.
The process consists of eight steps that begin in November and go through August of
each year. At this time, the process is at Step 4.
1. County prepares a list of all properties that have been non-compliant in
removing weeds in the last three years and provides that list to the City (Nov).
2. City Council adopts a resolution declaring weeds a nuisance and setting a
hearing date to hear objections by property owners to having their name on the
list (Nov-Dec).
3. County sends notice to the property owners on the list notifying them of the
hearing date and explaining that they must remove weeds by the abatement
deadline of April 30 or it will be done for them, and the cost of the abatement
plus administrative costs assessed to their property (Dec).
4. City Council holds the hearing to consider objections by property owners and
adopts a resolution ordering abatement (Jan).
180
5. County sends a courtesy letter to property owners on the list notifying them
again of the abatement deadline and noting that they will work with the
property owner to be sure the weeds are removed (Jan).
6. After April 30, the properties are inspected by the County to verify that weeds
were removed and proceeds with abatement if the inspection fails. County
makes a list of all costs associated with the abatement and provides that list to
the City (June-July).
7. City notifies the property owners on the assessment list notifying them of the
hearing date. (July-Aug).
8. City Council holds a hearing, notes any disputes, and adopts a resolution putting
a lien assessment on the properties to allow the County to recover the cost of
weed abatement (July-Aug).
Fiscal Impact
Any fees waived by the Council will be billed to the City by the County to cover their
cost of servicing the property.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution
B - 2018 Weed Abatement Program Commencement Report
C - Notice to Destroy Weeds and Program Schedule
D - Letter to Property Owners
E - Approved Resolution No. 17-110
181
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND
RESOLUTION NO. 17-110
WHEREAS, the City Council has declared that the growth of weeds, the
accumulation of garden refuse, cuttings and other combustible trash upon the
private properties as described in Resolution No. 17-110 adopted November 21,
2017, to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at the regular
meeting of the City Council on January 16, 2018; and
WHEREAS, from the evidence presented, both oral and written, it appears
to be in the best interests of the City to acquire jurisdict ion over and abate said
nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agricultural Commissioner is hereby ordered to abate
such nuisance or cause the same to be abated by having the weeds referred to
destroyed or removed by cutting, discing, chemical spraying or any other
method determined by him; that all debris, whether in piles or scattered, be
hauled away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express
authorization to enter upon said private properties for the purpose of causing
said public nuisance to be abated; and
3. That any affected property owners shall have the right to destroy or
remove such weeds or debris himself or herself or have the same destroyed or
removed at his/her own expense provided that such destruction or removal shall
have been completed prior to the arrival of the Agricultural Commissioner or his
authorized representative to destroy or remove them by the Parcel Abatement
Deadline of April 30, 2018.
BE IT FURTHER RESOLVED:
182
Resolution No. 18-
Page 2
1. That the Agricultural Commissioner shall keep account of abating
said nuisance and embody such account in a report and assessment list to the
City Council, which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved
shall be provided as stated in Chapter 9.08.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 16th day of January 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_______________________ ________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor,
City of Cupertino
183
2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitus1053 I1033710467107120107442263210721106802266122580022767227652281022112229312296s230092301522998APNCITY/STATF],PORTAL0GLENCOEGLENCOEPEBBLE0STEVENSSANTALUCIAALCALDESANTALUCIACORDOVASAN JUANSAN JUANELCERzuTOSAN ruANSAN ruANMERCEDESALCALDEVOSSVOSSVOSSVOSSSTANDINGAVE316-30-102326-07-035DR 326-30-083DR 326-30-106PL 326-43-044342-12-A3ABL 342-13-012RD 342-16-073RD 342-16-103RD 342-17-A45RD 342-17-054RD 342-17-110RD 342-18-044RD 342-21-AA4RD 342-22-03ARD 342-22-A31RD 342-22-106RD 34244-A47AV 342-50-002AV 342-50-003AV 342-50-005AV 342-50-006cT 342-50-0071053I N PORTALAVEI1I ALMADEN BLVD20643 CHERYL DRPOBOX242I10712 PEBBLE PL11I ALMADENBLVD4O4O MOORPARK10744 SANTALUCIARD1545 LAMESADR1072I SANTALUCIARD10423 BYRNEAV22661 SANruANRD22580 SAN ruAN RD22670 SAN JUAN RD22767 SAN ruAN RD22765 SAN JUAN RD0 Po Box 50322772 ALCALDE RD2293I VOSSAV22965 VOSS AV23009 VOSS AV230I5 VOSSAV22998 STANDING OAK CTCUPERTINOSAN JOSECUPERTINOCUPERTINOCUPERTINOSAN JOSESAN JOSECUPERTINOBURLINGAMECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERITNOCUPERTINOCUPERTINOBELMONTCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOTANG GEORGE & TSAO JTING WEIPACIFIC GASAND ELECTRIC COANDREWS, JOYCE H TRUSTEEDAMASKROBERTTWINGEI KATHERTNE B ANDPACIFIC GASAND ELECTRIC CODEANEAND DEANE INCBANGALORE, MANJLTNAIH S ANDGONG, YUEYUNWANG, RUIPING AND ZENG, JIBINGCHYU, WEI JAO AND JIEN MEEICODDING, NATHANIEL J ANDNGUYEN, TIEP D AND MYHA PITEM, WERNER AND GLOzuAECHEN, DON AND XU, JUANruANNEHAWANDIAN, NASIMYELING, HOK ETALDHAMDHERE, KLTNIYO AND NEELCHUANG, DAVID AND ZHENG, HONGLIN, HSIN-I ETALLI, PEN CHLING AND LEONG, SUT IANHONG, JACK LAND TSE, ANITAYBUTALA, AMIT P AND DESAI,CACACACACACACACACACACACACACACACACACACACACACACA95014-24479s l 1s-000s9s014-290995015950 l4-133395 1 l 5-000595 l l7-185195014-394094010-s9219s014-39399s0r4-281395014-00009s014-00009s014-39339s0r4-39349s0r4-39349400295014-000095014-26569s014-26569s014-26s69s0t4-265695014-266023 records of 108Santa Clara County Weed Abatement ProgramPage I184
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2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOCITY/STATESitus19160102s1189211903 I102001891 110240I 88921034918770187341029110361103911866510190104541042418671I 866010424r063610610APNSTEVENSruDYBARNHARTBARNHARTSTERNAR-AJTASTERNARATAMENHARTTILSONLOREEJOHNSONJOHNSONJOHNSONLOREECALVERTSTERLINGSTERLINGPRINGPRINGJOHNSONWLINDERLICHWUNDERLICHBLAVAVAVAVWYAVWYLNAVAVAVAVAVAVDRBLBLCTCTAVDRDR375-07-00'1375-08-042375-09-020375-09-034375-12-A02375-12-044375-12-442375-1 3-00437545-441375-17-439375-18-025375-1 8-032375-1 8-039375-18-042375-1 9-009375-1 9-01 8375-23-042375-24-003375-25-039375-25-044375-26-A49375-27-418375-27-019STEVENS CREEK L PLAU, RITAK TRUSTEECHANG, VINCENTHONPINGHUANG, HONGMIN AND KONG, MEIMC GRAIH, PATRICK WDURAN, FELIPE AND CARMENAYLIN, JLING SUK AND FLING, SUECHOPRA, ANEET AND SHIKHAKOLLIPARA, GNANADEEPMARTINEZ, RICHARD DANDLOREE PRIME LLCFAN, HAICHOU AND KONG, HAIYANMC GRAIH, PATRICK WLU, YING-WUWANG, MAO AND HE, LIKOMPELLA, VACHASPATHI P ANDBENSON PROPERTIES INCATTIA, MAGED AAND BEDAI&HUANG, CHANG-KAI AND TSENG,PRING VENTURE LLCWONG, DAMON AND IRENE LAILI, HAOJIANG TRUSTEE & ETALNIE, XIAOQIONGI4OO PARKMOORAVIO251ruDYAV1892I BARNHARTAV1078 WOOD DUCKAV0PoBox24221891I ARATAWYIO24O STERN AV43844 CAIi4.ERON HILLS DR10349 MENHART LN1883I BARNHARTAV4166ASTIN CANYON CTIO29I JOHNSONAV0PoBox242245449 LTTTLE FOOT PL1308 MARIAWY18950 CYzuL PL0 P.o. Box 87tts9842 SAN PETRONIOAVI8671 PRING CT10360 FARALLONE DR10424 JOHNSONAV10636 WTTNDERLICH DRIO6IO WIINDERLICH DRSAN JOSECUPERTINOCUPERTINOSANTACLARAPALOALTOCUPERTINOCUPERTINOFREMONTCUPERTINOCUPERTINOSAN JOSECUPERTINOPALOALTOFREMONTSAN JOSESARAIOGACANTONSLTNNYVALECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINO95 126-0000950r4-35249s014-360395051-425994309-24229s014-36769s0r4-3689945399s014-366895014-360195 l2 1 -000095014-381 I94309-24229453995117-361795070-3503481879408s-344995014-382295014-3 10595014-38149s01495014-3652CACACACACACACACACACACACACACACACAMICACACACACACA92 records of 108Santa Clara County Weed Abatement ProgramPage 4187
2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTC¡TY OF CUPERT¡NOCITY/STATESitus10740t0760106871067110630188701064110695106571072019030107201070010627I 059319200GASCOIGNEJOHNSONGASCOIGNEJOHNSONCARVERTUGGLEWLTNDERLICHMINETTEMORENGOCULBERTSONMEIGGSMORENGOMORENGOCULBERTSONJOHANSENTILSONAPN37s-29-416375-31-005375-31-016375-31-049375-32-420375-32-02437542-432375-32-043375-34-013375-34-022375-35-055375-35-060375-35-061375-36-027375-37-053375-40-061CUPERTINOCUPERTINOHAUPPAUGECUPERTINOPALO ALTOCUPERTINONEWPORTBEACHCUPERTINOCUPERTINOCUPERTINOCUPERTfNOCUPERTINOCUPERTINOSLTNNYVALECUPERTINOCUPERTINO9s014-384695014-3818l 17889s0t4-290894309-24229s0t4-362692660-46029s014-36129s014-35 l3950 l4-355595014-351 I95014-35 ls95014-35 l594089-20329s01s-046495014-3529DRAVDRAVDRAVDRDRDRDRLNDRDRDRDRAVFAULKNE& BARBARAJEANNE ETALYU, HENRYWONG, YUK.CHLTN TRUSTEEWESOLOWSKI, STEVEN M TRUSTEEMC GRATH PATRICK WDELA CRUZ, SHERWIN PETER LSMITH, MICHAEL WAND KAIHLEENHAN, JIE AND WU, TIANORTIZ, ROSAF ETALPANDHARIKA& ANAND M ANDCHEN, CHANGQING AND DONG, HUAORANGIFAR, ESMAILZHAL JIANJLTN AND WEI, LIMC GRAIH PATRICK WBURTZLAFF, JAMES LLEE, JOHN C AND NGUYEN, NGOC10740 GASCOIGNE DR10760 JOHNSONAV684 WHEELER RD10338 BONNY DRPOBOX2422I8870 TUGGLEAVIO48 IRVINE AV #34810695 MINETTE DR10657 MORENGO DR10720 CULBERTSON DRI9O3O MEIGGS LNIO72O MORENGO DRIOTOO MORENGO DR1184 VALELAKE CT0 Po Box 46419200 TILSONAVCACANYCACACACACACACACACACACACACA108 records of 108Santa Clara County Weed Abatement ProgramPage 5188
(over)
TRA 13
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on November 21, 2017 pursuant to the provisions of Section 9.08
of the Cupertino Municipal Code, the City Council passed a resolution declaring that all weeds
growing upon any private property or in any public street or alley, as defined in Section 9.08.010 of
the Cupertino Municipal Code constitute a public nuisance, which nuisance must be abated by the
destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall without delay, remove all such weeds from
their property and the abutting half of the street in front and alleys, if an y, behind such property and
between the lot lines thereof as extended, or such weeds will be destroyed or removed and such
nuisance abated by the County Agricultural Commissioner, in which case the cost of such destruction
or removal will, including but not limited to administration costs, be assessed upon the lots and lands
from which, or from the front or rear of which, such weeds shall have been destroyed or removed and
such cost will constitute a lien upon such lots or lands until paid and will be colle cted upon the next
tax roll upon which general municipal taxes are collected. All property owners having any objections
to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of said
City to be held in the Council Chambers of City Hall, located at 10300 Torre Ave., Cupertino,
California, on Tuesday, January 16, 2018 at 6:45 p.m., or as soon thereafter as the matter can be
heard, when their objections will be heard and given due consideration.
The language and format for this notice is required by California Health and Safety Code Sections
14891 Et. Seq.
189
(over)
CITY OF CUPERTINO WEED ABATEMENT PROGRAM SCHEDULE
January 16, 2018 Public hearing to consider objections to Abatement List.
April 30, 2018 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date
or Inspector will order abatement.
July/August 2018 Assessment Hearing date to be scheduled by City Council.
2018 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of
$90.00 per parcel.
Please be advised that the property owner of any parcel found to be non-compliant on or after
the April 30th deadline will be charged an inspection fee of $583.00 and the property will be
scheduled for abatement by the County contractor. If you complete the abatement work
before the County contractor performs the abatement, you will not incur further charges.
Should the abatement work be performed by a County contractor, you will be assessed the
contractor’s charges plus a County administrative fee of $576.00 per parcel.
2018 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $202.86 $136.00 $338.86
12,501sq.ft.- 43,560sq.ft. $235.72 $170.00 $405.72
Larger than 1 Acre $100.87 $89.53 $190.40 (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to
additional work normally required during the first discing.
B) HANDWORK $3.38 PER 100 sqft
C) FLAIL 6 Foot Mower $4.50 PER 1000 sqft
MOWING 12 Foot Mower $3.50 PER 1000 sqft
D) LOADER WORK $110.50 PER HOUR
E) DUMP TRUCK $102.00 PER HOUR
F) BRUSH WORK $3.38 PER 100 sqft
G) Debris removal $38.86 PER 1000sqft
G) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge.
*Please note this program does not offer herbicide application as a method of abatement.
190
County of Santa Clara
Department of Agriculture and Environmental Management
Weed Abatement Division
1553 Berger Drive
Building I
San Jose, CA 95112
(408)282-314s
Fax (408) 286-2460
December 7,2017
IMPORTANT NOTICE TO ABATE WEEDS
Dear Property Owner
To protect your property and the surrounding area from possible fire, your jurisdiction contracts with the
County of Santa Clara to operate a Weed Abatement Program. You are receiving this notice and
information because it has been determined that your parcel is part of this Program. Please read the
information carefully and contact us for clarification or additional information.
Your jurisdiction has or will adopt a resolution declaring your property as one that may contain potential
fire hazards from weeds or other debris. In addition, your jurisdiction will be conducting a public hearing
to consider an abatement order requiring you to remove anyhazardous vegetation or combustible debris by
the deadline in the attached schedule. The public hearing will be held on the date and atthe place stated in
the attached notice and provides an opportunity for you to raise any objections or concerns to these
requirements.
The Weed Abatement Program will work with you if your property is habitat to protected species of plants
and/or animals. If you believe your parcel includes an environmentally sensitive habifat, please cheık the
box and provide additional information on the reply form to assist us in determining the best approach to
weed abatement at your property.
If after the public hearing, abatement is approved for your property, the County is authorized by its contract
with the cities and the California Health and Safety Code sections 14875-14922 to inspect your property to
determine whether the property has been cleared of hazards according to Minimum Fire Safety Standards
(see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction. This
notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for
your jurisdiction. You will be responsible for an annual fee of $90 to cover the cost of the compliance
inspection.
If you fail to complete the required abatement prior to the County inspection of your property, you will be
responsible for an inspection fee of $583 per parcel, and your property will be scheduled for service by the
County contractor. If you complete the work before the County begins abating your property, you will not
incur further charges. Should the abatement work be completed by the County, you will be assessed the
County contractor's charges plus an administrative fee of $576 per parcel.
The County will use the least costly method of abatement considering the physical characteristics of your
properfy and environmental concerns. Fees are detailed in the attached price list. The total amount will be
included as a special assessment on your property tax bill following confirmation of the charges by your
jurisdiction. Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction
(typically at the Civic Center) at least three days prior to the meeting.
Board of supervisors: Mike wasseÍnan, cindy chavez, Dave cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
191
You can avoid all costs, other than the annual fee, by completing the abatement work yourself
according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement
deadline for your jurisdiction 4{ maintaining the Minimum Fire Safety Standards for the duration
of fire season' which typically runs through October. Parcels will be removed from the program after
three (3) consecutÍve years of voluntary compliance (work completed prior to the deadline).
In preparation for this program, please complete and retum the enclosed Reply Form so that we are aware
of your intentions regarding the maintenance of your property.
If you designate in your reply that you intend to abate the weeds yourself, you are expected to
complete the abatement before the deadline listed on the abatement schedule and maintain fire safe
conditions for the duration of the fire season. Responding that you intend to provide maintenance
yourself does not release you from this responsibitity to have the mainten ance completed before your
deadline and repeated as necessary to maintain Minimum X'ire Safe Standards. County contractors
will proceed to abate hazardous vegetation as necessary after the deadline for your jurisdiction.
Enclosed you will fïnd the following information:
{ A Reply Form specific to your property. Please complete and return promptly.
./ A Notice to Destroy Weeds informing you of an upcoming public meeting that you must
attend ifyou have any objections to the proposed removal ofhazardous vegetation or debris
from your property.
{ A Weed Abatement Program Schedule for your city and a current County price list.
'V A Brochure about the Santa Clara County Weed Abatement program.
Please be aware that any abatement performed by the County contractor must be in compliance with all
applicable environmental protection regulations. Ifyour properfy falls within aî areadesignated as possible
habitat for burrowing owls or any other protected species of bird or animal, the methods used to remove
vegetation may be regulated by specific laws or local ordinances.
If you are no longer the owner of the properly identified by this mailing, please noti$ the County
immediately. If you sell your property after the date of this letter, it is your responsibility to notifu the new
owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking
this action, you will be responsible for all hazard abatement charges assessed to the property.
Our goal is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective to ensure
that all properties remain safe from fire. If you have any questions about your property or need on-site
advice to help you achieve compliance with the Minimum Fire Standards, please call the Santa Clara
County Weed Abatement Program at (408) 282-3145.
Sincerely,
irector
and Environmental Protection Agency
192
MINIMUM FIRE SAFETY STANDARDS
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program
1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
SCC.WeedAbatement@cep.sccgov.org
1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.
2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including
driveways and access routes. Roads and Driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation
3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation
should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100-foot clearance.
4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30-foot clearance
around structures and perimeter property lines. Additional 30-foot cross fuel breaks may also be required.
5. Parcels larger than five acres require 30-foot clearance around structures and perimeter property lines in addition to
30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.
6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked
firewood and neatly piled yard waste is not considered to be combustible debris.
7. Keep vegetation cleared from under the eaves of houses.
8. Trim tree branches to at least 10 feet away from chimney.
9. Clear leaves, pine needles and debris from roof and gutters.
The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local
nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.
Trees:
African Sumac
California Pepper
Shrubs:
Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:
Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock rose (except Gum
Variety)
193
The Santa Clara County Weed
Abatement Program
The Santa Clara County Department of Agriculture and
Environmental Management and your city are working together to
protect your community from fire. We need your help. Please read
and follow the directions provided in this brochure regarding fire
prevention on your property. The purpose of the Weed Abatement
Program is to prevent fire hazards posed by vegetative growth
and the accumulation of combustible materials.
The Weed Abatement program is entirely funded from fees
charged to residents. Fees will be assessed for any property in the
program. This is to cover the cost of the compliance inspection for
the property. Properties that fail the compliance inspection will be
charged a failed inspection fee, even if the resident completes the
weed abatement. If the property requires abatement by the
County contractor, the property owner will be responsible for the
actual cost of abatement plus an administrative fee. Properties
that meet and maintain the minimum fire safety standards will not
be charged other than the annual fee.
Program staff annually inspect parcels at the beginning of the fire
season, which is typically in March or April depending on your
jurisdiction. If the parcel is not in compliance at the time of
inspection, the property owner will be charged a failed inspection
fee, and the owner will be sent a courtesy notice as a reminder to
abate the weeds. If the weeds are not abated by the property
owner, the work will be completed by the County contractor. The
property owner will pay the contractor’s fees plus a County
administrative fee. All fees will be included in your property tax
bill.
Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
Do not allow a fire hazard to exist on your property. The Minimum
Fire Safety Standards (MFSS) in this brochure give you guidelines
to follow in order to maintain your property and protect against a
fire hazard. Please contact our office if you need guidance or
have any questions regarding the requirements!
Make arrangements to have your property maintained throughout
the year. Contractors can be found in the yellow pages. You may
choose to have the County contractor maintain your property. A
current price list is included in your packet.
Please complete and return the Reply Form provided in your
mailing packet by the date on the form. Indicate your preference
regarding performance of weed abatement services.
Program Staff Responsibilities
Weed Abatement Inspectors will perform periodic
inspections on all parcels included in the Santa Clara
County Weed Abatement Program. Properties that fail the
compliance inspection will be charged a failed inspection
fee, even if the resident completes the weed abatement.
Inspectors will order the County contractor to perform all
necessary abatement work on any parcel where the MFSS are
not met. An attempt will be made to give the owner a courtesy
notice prior to releasing the work order.
The County contractor uses several methods of abatement
including discing and handwork. The property owner is free to
select whatever method they choose, provided the MFSS of all
federal, state and local laws are met.
The Weed Abatement Program will place inspection costs and
the charges for County contractor services plus a County
administrative fee on the property owner’s tax bill during the
next fiscal year.
Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed
Abatement Inspector identified a potential fire hazard on the property.
Fire Departments and other agencies also submit complaints to the
Weed Abatement Program.
Q. What is required of me now that I am in the Program?
A. All property owners are required to maintain their property free of
fire hazards throughout the year.
Q. The grasses planted on my property are fire resistant. Are
they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not
fire proof, and they can add fuel to any site that is subject to a fire.
Additionally, fire resistant grasses are rarely found in a pure,
homogenous stand but rather are usually found to occur mixed with
other common introduced annual grasses that are highly flammable
and hazardous in a fire event. Finally, many grasses occur in Santa
Clara County and species identification is difficult in the field,
especially after the spring when the reproductive portions required for
identification have dried and dispersed. Weed Abatement Inspectors
can only focus on the presence of grasses and weeds on your
property and the Minimum Fire Safety Standards, and not on grass
species identification. Therefore, all grasses are required to be below
6 inches in height.
Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is
voluntary compliance. See the first two paragraphs of this brochure
for further specifics.
These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.
These owls are listed as a state Species of Special Concern
and are protected by the federal Migratory Bird Treaty Act. If
you suspect burrowing owls on your property you must use
another form of weed abatement such as mowing or weed-
eating. If you request the County perform abatement
services, please notify program staff or your City if burrowing
owls are known to exist on your property.
More FAQ:
Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If
no hazards are found during that time, your property may be
removed from the program.
Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the
compliance inspection. If the parcel does not meet the MFSS
when it is first inspected in the spring, or if work is required by
the County contractor, you will be charged additional fees. Our
goal is to ensure that the MFSS are met at the lowest possible
cost to the property owner.
Q. How will I be billed?
A. Any charges for the inspection and any abatement work
performed will appear as a special assessment on your next
property tax bill.
Q. Why have you performed work on my property while
the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been
declared a public nuisance by your jurisdiction. Abating fire
hazards in the spring minimizes the volume of combustible
material before the hazards increase and dries out completely
during the peak fire season.
Q. Will you notify me prior to beginning abatement work?
A. Property owners are responsible for preventing fire hazards
on their property. If the MFSS have been met, but further work
is necessary, you will receive notice prior to the County
contractor performing the work. If the MFSS have not been
met, an attempt will be made to give the owner a courtesy
notice prior to initial abatement.
Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow
Pages under “Weed Control Services” or “Discing Services”.
You may have the County contractor perform the necessary
work; see your mailing packet for a current price list as
administrative costs are charged.
Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and
answer your questions. Please call our Customer Service line
at (408) 282-3145 to schedule a consultation with program
staff or to obtain additional information.
Q. I have Grazing Animals do I need to perform
abatement?
A. Grazing animals do not absolve you of your responsibilities
to provide a fire safe condition on your property. You will need
to check with our office to determine if grazing is adequate or if
additional work is required.
194
RESOLUTION NO. 17-110
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A
PUBLIC NUISANCE AND SETTING A HEARING FOR OBJECTIONS TO
PROPOSED REMOVAL
WHEREAS, weeds are growing in the City of Cupertino upon certain
streets, sidewalks, highways, roads and private property; and
WHEREAS, said weeds may attain such growth as to become a fire menace
or which are otherwise noxious or dangerous; and
WHEREAS, said weeds constitute a public nuisance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. That said weeds do now constitute a public nuisance;
2. That said nuisance exists upon all of the streets, sidewalks, highways, roads
and private property more particularly described by common names or by
reference to the tract, block, lot, code area, and parcel number on the report
prepared by the Agricultural Commissioner and attached hereto;
3. That the 16th day of January, 2018, at the hour of 6:45 p.m., or as soon
thereafter as the matter can be heard, in the Council Chamber in the
Community Hall, City of Cupertino, is hereby set as the time and place
where all property owners having any objections to the proposed removal
of such weeds may be heard;
4. That the Agricultural Commissioner is hereby designated and ordered as
the person to cause notice of the adoption of this resolution to be given in
the manner and form provided in Sections 9.08.040 of the Cupertino
Municipal Code.
195
Resolution No . 17-110
Page2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of November, 2017, by the following vote:
Vote Members of the City Council
AYES: Vaidhyanathan, Paul, Chang, Scharf, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk
~~~~fr ~
Savita Vaidhyanafu ~ Mayor,
City of Cupertino
196
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3238 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:11/8/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Council Committee appointments
Sponsors:
Indexes:
Code sections:
Attachments:A - Council Committee Assignments
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Council Committee appointments
Approve Council Committee appointments
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
powered by Legistar™197
2018 Council Committees
2018 Council Committees Barry Steven Savita Darcy Rod 2017 Representative Meetings
Association of Bay Area Governments (ABAG)X Steven 2x a year
X Alternate - Barry
Audit Committee (City of Cupertino)X X Steven and Rod Quarterly
Comprehensive County Expressway Planning Study Policy Advisory
Board X
Darcy TBD
Alternate - Steven
Disaster Council (Cupertino)X Savita Quarterly
X Alternate - Steven
Economic Development Committee X Savita and Steven Quarterly
X
Environmental Review Committee X Rod 2x a month
X Alternate - Savita
Fiscal Strategic Planning Committee X X Rod and Steven Monthly
March-June
Legislative Review Committee X X Barry and Rod As Needed
League of California Cities - Peninsula Division All All All All All ALL 3x a year
Dinner
Meetings
Santa Clara County Cities Association - Board of Directors X Rod Monthly
X Alternate - Savita
Santa Clara County Cities Association - City Selection Committee X Savita As Needed
X Alternate - Rod
Santa Clara County Cities Association - Legislative Committee X Rod As Needed
X Alternate - Savita
1]
1/10/2018 - FINAL
198
2018 Council Committees
2018 Council Committees Barry Steven Savita Darcy Rod 2017 Representative Meetings
Santa Clara County Library District Joint Powers Authority - Board of
Directors X
Darcy Quarterly
X Alternate - Barry
Santa Clara Valley Water Commission X Steven Quarterly
X Alternate - Darcy
2nd Alternate - Timm Borden
Santa Clara Valley Transportation Authority X Rod Monthly
Policy Advisory Committee X Alternate - Barry
School Board Liasion X Darcy Quarterly
FUHSD, CUSD, Foothill-DeAnza Community College District X Alternate - Savita
Sister City Committees
X X
Savita (Bhubaneswar,
Copertino, Toyokawa)Monthly
Barry (Hsinchu)(3 cities)
West Valley Mayors and City Managers X Darcy Monthly
Alt Alternate - Rod
85 Policy Advisory Board X Rod Monthly
X Alternate - Barry
Silicon Valley Clean Energy Authority (SVCEA) JPA X Rod 4x a year
X Alternate - Darcy or as needed
2]
1/10/2018 - FINAL
199
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3306 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:11/13/2017 City Council
On agenda:Final action:1/16/2018
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/16/2018 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1
powered by Legistar™200