10-16-2018 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
6:00 PM
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, October 16, 2018
Non-televised Closed Session (6:00) and Televised Regular Meeting (6:45)
CLOSED SESSION - 6:00 PM
City Hall Conference Room A, 10300 Torre Avenue
1.Subject: Conference with Legal Counsel-Anticipated Litigation; Initiation of
Litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Section 54956.9:
Two Cases
2.Subject: Conference with Legal Counsel-Existing Litigation pursuant to Gov’t
Code Section 54956.9, paragraph 1 of subdivision (d)
Name of Case: Committee Supporting Cupertino Citizens’ Sensible Growth
Initiative et al., Plaintiffs and Appellants, v. City of Cupertino et al., Defendants and
Respondents. Santa Clara Superior Court Case No. 16CV296322 / Court of
Appeal, Sixth Appellate District Case No. H043940
RECESS
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
3.Subject: Proclamation declaring the 2nd week in October as Code Enforcement
Officer Appreciation Week.
Recommended Action: Present Proclamation declaring the 2nd week in October as
Code Enforcement Officer Appreciation Week.
4.Subject: Proclamation for Team Pi-oneers from Cupertino for being the 2018
National Middle School Quiz Bowl Champion
Recommended Action: Present proclamation to Team Pi-oneers from Cupertino for
being the 2018 National Middle School Quiz Bowl Champion
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October 16, 2018City Council AGENDA
5.Subject: Presentation from Toyokawa Sister City regarding recent student
exchange trip
Recommended Action: Receive presentation from Toyokawa Sister City regarding
recent student exchange trip
6.Subject: Presentation from Bhubaneswar Sister City regarding recent student
exchange trip
Recommended Action: Receive presentation from Bhubaneswar Sister City regarding
recent student exchange trip
STUDY SESSION
7.Subject: Study Session on homelessness
Recommended Action: Present on the topic of homelessness in the City and the
region
Staff Report
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted
on simultaneously.
8.Subject: Approve the October 2 City Council minutes
Recommended Action: Approve the October 2 City Council minutes
A - Draft Minutes
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October 16, 2018City Council AGENDA
9.Subject: Receive report on commission and committee members’ terms expiring
January 30, 2019 and set application submittal deadline date of January 11, 2019
and candidate interview dates of January 28 and 29, 2019
Recommended Action: a.) Receive report on commission and committee members’
terms expiring January 30, 2019; and
b.) Set the application submittal deadline date of 4:30 p.m. on Friday, January 11,
2019 and candidate interviews beginning at 5:00 p.m. on Monday and Tuesday,
January 28 and 29 for commission and committee members’ terms expiring January
30, 2019
Staff Report
A – 2019 Local Appointments List and Notice of Vacancies
B - Resolution Governing Recruitment
10.Subject: Small Cell Wireless Agreement with ExteNet Systems (California) LLC
Recommended Action: Authorize the City Manager to enter into a Small Cell License
Agreement with ExteNet Systems (California) LLC
Staff Report
A - Small Cell License Agreement
11.Subject: Report on Bids and Award a Contract for the McClellan Ranch West
Parking Lot Improvement Project (No. 2017-05)
Recommended Action: 1. Award a construction contract to Galeb Paving, Inc. of
Saratoga, California, in the amount of Six Hundred Five Thousand Eighty-two Dollars
and 88/100 ($605,082.88); and
2. Authorize a construction contingency budget of Sixty-one Thousand Dollars
($61,000), which is approximately 10% of the construction contract amount, to
address unforeseen conditions during construction.
Staff Report
A - Draft Contract
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
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October 16, 2018City Council AGENDA
12.Subject: Consider adopting the resolution establishing a policy for accepting
sponsorships
Recommended Action: Adopt Resolution No. 18-101 establishing a policy for
accepting sponsorships (Attachment A)
Staff Report
A - Draft Resolution: Sponsorship Policy
B - Sample Sponsorship Application Template
13.Subject: Budget Adjustment to proceed with a Request for Proposals for
architectural services for a New City Hall, an Interim City Hall and to add one
3-year Limited Term Project Manager
Recommended Action: Staff recommends Council adopt Resolution No. 18-102
approving a Budget Adjustment for the amount of $6,175,000:
1. $5,500,000 for architectural design services for a New City Hall, funded by the
Capital Reserve, and:
2. $500,000 for architectural design and other services as needed for the Interim City
Hall, funded by the Capital Reserve, and;
3. $87,500 to add one 3-year Limited Term Project Manager in the Department of
Public Works, funded by the General Fund
Staff Report
A - Civic Center Master Plan Background
B - Draft Resolution
14.Subject: Budget Adjustment to proceed with Request for Proposals for a market
and operations feasibility study for a Performing Arts Center
Recommended Action: 1. Adopt Resolution No. 18-103 approving a Budget
Adjustment in the amount of $200,000 in the General Fund to complete a market and
operations feasibility study for a performing art center; and
2. Authorize staff to hire a consultant for a contract amount not to exceed $200,000
to complete a market and operations feasibility study for a performing art center
Staff Report
A - Development Agreement Excerpt
B - Draft Resolution
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October 16, 2018City Council AGENDA
15.Subject: Proposed revisions to the 2018-19 City Work Plan and Capital
Improvement Program (CIP) due to the new City Hall project, the Performance Art
Center (PAC) Market and Operations feasibility study, Regional Transformative
Transit Initiatives, and other key initiatives
Recommended Action: 1. Revise the 2018-19 City Work Program to reprioritize
certain staff efforts to allow for the meeting of schedules for several major new
proposed initiatives; and
2. Amend the CIP by adding the New City Hall Project, the Interim City Hall and
Relocation Project, and the Performing Arts Center Market and Operations Feasibility
Study, and delaying certain projects to enable sufficient resources for these large
priority projects; and
3. Adopt Resolution No. 18-104 to approve the defunding of $4,425,750 in budgeted
Capital Funds for the Capital Improvement Projects listed in Table 1
Staff Report
A - 2018-2019 City Work Program Proposed Updates
B - Proposed CIP Adjustments
C - Draft Resolution defunding CIP
REPORTS BY COUNCIL AND STAFF
16.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
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October 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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October 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:118-4481 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:10/10/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Conference with Legal Counsel-Anticipated Litigation; Initiation of Litigation pursuant to
paragraph (4) of subdivision (d) of Gov’t Section 54956.9: Two Cases
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel-Anticipated Litigation; Initiation of Litigation
pursuant to paragraph (4) of subdivision (d) of Gov’t Section 54956.9: Two Cases
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4482 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:10/10/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Conference with Legal Counsel-Existing Litigation pursuant to Gov’t Code Section 54956.9,
paragraph 1 of subdivision (d)
Name of Case: Committee Supporting Cupertino Citizens’ Sensible Growth Initiative et al., Plaintiffs
and Appellants, v. City of Cupertino et al., Defendants and Respondents. Santa Clara Superior Court
Case No. 16CV296322 / Court of Appeal, Sixth Appellate District Case No. H043940
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel-Existing Litigation pursuant to Gov’t Code Section
54956.9, paragraph 1 of subdivision (d)
Name of Case: Committee Supporting Cupertino Citizens’ Sensible Growth Initiative et al.,
Plaintiffs and Appellants, v. City of Cupertino et al., Defendants and Respondents. Santa Clara
Superior Court Case No. 16CV296322 / Court of Appeal, Sixth Appellate District Case No.
H043940
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4418 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:9/26/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Proclamation declaring the 2nd week in October as Code Enforcement Officer Appreciation
Week.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Proclamation declaring the 2nd week in October as Code Enforcement Officer
Appreciation Week.
Present Proclamation declaring the 2nd week in October as Code Enforcement Officer
Appreciation Week.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4478 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:10/9/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Proclamation for Team Pi-oneers from Cupertino for being the 2018 National Middle School
Quiz Bowl Champion
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Proclamation for Team Pi-oneers from Cupertino for being the 2018 National Middle
School Quiz Bowl Champion
Present proclamation to Team Pi-oneers from Cupertino for being the 2018 National Middle
School Quiz Bowl Champion
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4397 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:9/17/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Presentation from Toyokawa Sister City regarding recent student exchange trip
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Presentation from Toyokawa Sister City regarding recent student exchange trip
Receive presentation from Toyokawa Sister City regarding recent student exchange trip
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4443 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:9/27/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Presentation from Bhubaneswar Sister City regarding recent student exchange trip
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Presentation from Bhubaneswar Sister City regarding recent student exchange trip
Receive presentation from Bhubaneswar Sister City regarding recent student exchange trip
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3976 Name:
Status:Type:Study Session Agenda Ready
File created:In control:5/8/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Study Session on homelessness
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Study Session on homelessness
Present on the topic of homelessness in the City and the region
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: October 16, 2018
Subject
City of Cupertino Homelessness Study Session
Recommended Action
Hold a Study Session to
1. Present on the topic of homelessness in the city and the region.
Background
The United States Department of Housing and Urban Development (HU D) requires a
biennial Point-in-Time census (Census) every two (2) years for all jurisdictions receiving
federal funding for housing and supportive services. In partnership with the social
research firm Applied Survey Research (ASR), the Santa Clara County Continuum of
Care (County CoC) conducted a two-pronged study, consisting of the Census and an in-
depth survey of unsheltered and sheltered homeless individuals and families.
Results from the 2017 Census counted one hundred twenty-seven (127) individuals
experiencing homelessness in the City of Cupertino, a seventy-four percent (74%)
increase since the seventy-three (73) individuals counted during the 2015 Census.
Regionally, the 2017 Census counted 7,394 individuals experiencing homelessness
throughout Santa Clara County, an increase of thirteen percent (13%) from the 6,556
individuals counted during the 2015 Census. As indicated in Figure 1, nearly sixty
percent (60%) of homeless individuals and families identified in the 2017 Census are
located in the City of San Jose, while approximately seventeen percent (17%) of homeless
individuals are located in Cupertino.
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Figure 1. 2017 Santa Clara County Homeless Census and Survey Results
As part of a nation-wide effort by HUD to better understand youth homelessness, t he
2017 study specifically focused on homelessness among unaccompanied children and
transition-age youth under twenty-five (25) years of age. Since the 2015 Census, the
number of unaccompanied children and transition-age youth experiencing homelessness
has increased by more than 175%. HUD will use the 2017 Census youth-count results as
a baseline for their goal of ending youth homelessness throughout the nation by 2020.
Following the 2017 Census, the County CoC and ASR conducted in-person surveys with
587 homeless individuals throughout Santa Clara County. Survey data indicated the
primary causes of homelessness (Table 1) as job loss, drug and/or alcohol use, formal and
informal housing evictions, and personal hardships. Response rates for job loss and
formal evictions each increased by six percent (6%) from the 2015 survey.
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Primary Cause of Homelessness %
Job Loss 37%
Drug and/or Alcohol Use 20%
Formal Housing Eviction 16%
Personal Hardship 14%
Informal Housing Eviction by Friend/Family
Member 13%
Table 1. Primary Causes of Homelessness
Survey participants were also asked about the obstacles to obtaining permanent housing.
Data indicated the primary obstacles to obtaining permanent housing (Table 2) included
housing affordability and the lack of a job or income.
Obstacles to Obtaining Permanent Housing* %
Housing Affordability 62%
Lack of Job/Income 56%
Inability to Afford Moving Costs 23%
Poor Credit 20%
Lack of Transportation 13%
Table 2. Obstacles to Obtaining Permanent Housing
*Multiple-response question, percentages do not add up to 100.
Census and survey data allow HUD to better understand the current state of
homelessness and to assist local jurisdictions with developing tools to prevent
homelessness. The remainder of this staff report provides an overview of the City’s
resources, regional resources, and a discussion about potential opportunities to combat
homelessness.
City Resources and Service Providers
Funding
The City releases a Notice of Funding Availability (NOFA) annually for eligible public
services and capital housing projects. Public Service funds are awarded bi-annually on a
two-year funding cycle. Capital Housing funds are awarded annually on a one-year
funding cycle. Funding categories include the Community Development Block Grant
(CDBG) program, Below Market Rate (BMR) Affordable Housing Fund (AHF), and
General Fund Human Services Grant (HSG). The City allocates funds for homeless
services/projects within each of the three (3) funding categories, as outlined below.
Community Development Block Grant (CDBG)
Cupertino is in its sixteenth year as an entitlement city for the CDBG program, which is
funded by HUD. CDBG funds must be used for projects that will serve low-income
households in the City. Targeted groups include homeless individuals and families,
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seniors, persons with disabilities, and other special needs groups. On April 17, 2018, the
City awarded $35,000 for FY 2018-19 to West Valley Community Services (WVCS) for
their Community Access to Resource and Education (CARE) program, which provides
services to homeless individuals. The remaining $20,431.15 in CDBG funds was awarded
to Live Oak for their senior service program.
Below Market Rate Affordable Housing Fund (BMR AHF)
Annually, the City releases the available balance of BMR AHF funds for capital housing
projects that serve low- and moderate-income households. Eligible projects include land
acquisition, new construction, acquisition and/or rehabilitation of buildings for
permanent affordability, and substantial rehabilitation. In 2017, the City provided
$3,672,000 in BMR AHF to The Veranda, a low-income senior housing development. Of
the nineteen (19) units at The Veranda, six (6) have been set aside as Measure A units
designed to serve extremely low-income formerly homeless individuals.
General Fund Human Services Grant (HSG)
The City Council allocates $100,000 annually from the General Fund to human service
agencies that service low- and moderate-income households in the City. HSG funds
may be used for homeless services, senior services, and other eligible programs. Due to
the increased need for homeless services, City Council increased the HSG fund from
$40,000 to $100,000 in April 2018. On April 17, 2018, the City awarded $40,000 for FY
2018-19 to WVCS’ Haven to Home Program, which provides supportive services and
housing resources for homeless individuals and families. In addition, a total of $43,600
was awarded to three (3) service providers leaving the HSG fund with a balance of
$16,400 for FY 2018-19.
Policies
In March 2018, the City Council amended the Policy and Procedurals Manual for
Administering Deed Restricted Affordable Housing Units (BMR Manual) to include a
new definition of “residency” to enable homeless individuals and families in Cupertino
to claim City residency priority points for the below market rate waiting list. The revised
BMR Manual language was informed by regional best practices and is modeled after the
City of Sunnyvale’s policy accounting for individuals and families experiencing
homelessness.
Housing and Service Provider Partnerships
West Valley Community Services (WVCS)
West Valley Community Services (WVCS) provides human services, housing services,
and family support throughout Santa Clara County. WVCS’ programs work to address
basic human needs through focusing on food, housing, support, and mobile services. The
City currently provides funding for their CARE and Haven to Home programs to help
clients secure permanent, affordable housing and employment.
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Charities Housing
The Veranda Housing Development by Charities Housing will provide eighteen (18) low-
income units available to senior citizens plus one (1) property manager unit. The County
provided Measure A funding and management for six (6) units, which will be reserved
as permanent supportive housing (PSH) for homeless seniors with disabling conditions.
St. Jude’s Episcopal Church
St. Jude’s Episcopal Church Safe Park Program, which allows a safe place for homeless
individuals and families to park their vehicles on church property at night , ended in
September 2018 after operating for approximately three (3) months. The program
continues to be sporadically active, based on a schedule organized through the Winter
Faith Collaborative. The Winter Faith Collaborative is a network of churches throughout
Santa Clara County that provides temporary shelter and resources for the homeless
community
Regional Resources and Service Providers
Measure A Affordable Housing Bond
In November 2016, Santa Clara County voters approved Measure A- the $950 million
affordable housing bond intended to assist with the creation and/or preservation of
approximately 5,100 affordable housing units. Measure A provides another tool, in
addition to the City’s BMR Housing Program, to provide affordable housing for
vulnerable populations including homeless individuals and families, seniors, persons
with disabilities, veterans, low- and moderate-income households, foster youth, victims
of abuse, and individuals suffering from mental health or substance abuse illnesses.
Measure A funding will enhance the County’s ability to achieve its housing priorities
which include increasing the supply of housing that is affordable to extremely low-
income households. In April 2018, The Veranda development in Cupertino was the first
housing project to break ground with Measure A funds.
As part of the implementation of the 2016 Measure A Affordable Housing Bond, the
County launched the Housing Ready Communities (HRC) campaign- a community
engagement and education campaign in partnership with cities and other stakeholders
to fully implement the County’s plan to end homelessness and build new affordable and
supportive housing.”
Community Plan to End Homelessness
In an effort to end homelessness by 2020, the County of Santa Clara Office of Supportive
Housing (OSH) has partnered with Destination: Home to create the “2015-2020
Community Plan to End Homelessness in Santa Clara County.” The plan is part of a
twenty-seven (27) month pilot program to implement a countywide homelessness
prevention program. Specific solutions outlined in the plan include creating 6,000 new
housing opportunities throughout the region, expanding rapid rehousing resources, and
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incorporating preventative measures such as emergency rental assistance and financial
literacy. Destination: Home is working with Sacred Heart Community Services to
coordinate homeless prevention efforts and to date has raised $4.2 million through the
combined resources of the Emergency Financial Assistance Network
Housing and Service Provider Partnerships
Non-Profit Housing and Service Providers
Santa Clara County OSH currently collaborates with a number of non-profit service
providers including WVCS, Destination: Home, and Destination: Work. Non-profit
partners provide valuable services such as housing services, case management, and
employment services.
Faith-Based Organizations
The Winter Faith Collaborative is a network of over 100 churches throughout Santa Clara
County that advocates for the homeless community. The Winter Faith Collaborative
provides various provides temporary shelter opportunities including overnight shelters,
daytime drop-in centers, and safe parking programs.
Affordable Housing Developers
Affordable housing developers such as MidPen Housing and Charities Housing help
support the County’s objective to increase the regional supply of affordable housing.
Charities Housing was awarded Measure A funding from the County in April 2018 for
the development and management of six (6) PSH units for homeless seniors with
disabling conditions.
Discussion
Since 1990, the San Francisco Bay Area’s rapidly growing economy helped to create an
imbalanced jobs to housing ratio with roughly twice the number of new jobs per every
unit of housing developed. The lack of available housing is one contributing factor to the
complex regional housing crisis, which has fueled serious concerns about housing
affordability, increased rates of homelessness and displacement, traffic congestion, and
environmental quality as continued population growth is expected. While recent
legislation as well as regional and local policies have been enacted to promote the
development of affordable housing across all affordability levels, equal attention should
also be paid to the current state of homelessness.
With the lack of housing affordability and employment opportunities reported as the
leading causes of homelessness in Santa Clara County, the City is examining how
resources can be used to address these issues.
The City’s existing BMR housing program includes 120 ownership units and 142 rental
units. Recent project approvals include the Hamptons (7 low- and 30 moderate-income
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units), Marina Plaza (16 very-low and 2 moderate-income units), and the Vallco Specific
Plan (40 extremely-low, 156 very-low, 205 low-, and 133 moderate-income units).
Housing Solutions and Services
The number of unsheltered homeless individuals in Cupertino increased between 2015
and 2017, with the 2017 Census indicating that 100% of homeless individuals in
Cupertino lack shelter. Currently, the City does not have a temporary shelter program in
place. The Mountain View shelter, Hope’s Corner at Trinity United Methodist Church,
provides an example of how public agencies can collaborate with private companies,
non-profit organizations, and the faith community to address homelessness. Hope’s
Corner is partially funded by Google, run by Hope’s Corner and other non-profits, and
hosted by Trinity United Methodist Church. The program provides shelter and services
for homeless individuals and families including a cold-weather shelter run by HomeFirst,
showers, an expanded meal plan, job training, and case management services by
Mountain View Community Services Agency.
An alternative housing solution is the City of Sunnyvale’s Tenant -Based Rental
Assistance (TBRA) Program, which is managed by Abode and funded through HOME
funds. The TBRA Program provides rental assistance for 24-months to homeless clients
and very low-income households who are at risk of homelessness.
Employment Solutions and Services
Job loss was identified by 2017 Survey participants as the primary cause of homelessness.
The County currently partners with Destination: Work, a subset of Destination: Home, to
create employment pathways by connecting eligible low-income individuals to high-
growth industries, providing job training, and assisting individuals in attaining and
maintaining jobs. Other examples of programs providing workforce case management
and supportive services throughout the region include the City of Sunnyvale’s WorkFirst
Program and organizations such as Ascent Employment Program and Work2Future.
Prepared by: Erika Poveda, Assistant Planner
Kerri Heusler, Senior Housing Planner
Reviewed by: Benjamin Fu, Assistant Community Development Director
Aarti Shrivastava, Assistant City Manager
Approved for Submission by: Amy Chan, Interim City Manager
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3291 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/13/2017 City Council
On agenda:Final action:10/16/2018
Title:Subject: Approve the October 2 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Approve the October 2 City Council minutes
Approve the October 2 City Council minutes
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 2, 2018
SPECIAL CITY COUNCIL MEETING
At 4:00 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, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
CLOSED SESSION
Council went into closed session and reconvened in open session at 5:00 p.m. in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue for a Study Session followed by the
Regular Meeting at 6:45 p.m.
1. Subject: Public Employee Discipline/Dismissal/Release - Gov’t Code Section 54957(b)(1).
Mayor Paul announced that an update was provided and no action was taken.
STUDY SESSION
At 5:00 p.m. Mayor Paul reconvened the Special City Council meeting in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
2. Subject: Factors affecting water rates in Cupertino
Recommended Action: Accept presentation on water rates
Written communications for this item included a staff presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report and presentation on
23
City Council Minutes October 2, 2018
water rates.
John Tang from San Jose Water and staff answered questions from Council.
Council accepted the presentation on water rates.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang (6:52 p.m.),
Steven Scharf, and Savita Vaidhyanathan. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for September as Ovarian Cancer Awareness Month
Recommended Action: Present Proclamation for September as Ovarian Cancer Awareness
Month
Mayor Paul presented a Proclamation to Erna Arnesen and Sonia Singh for September as
Ovarian Cancer Awareness Month.
2. Subject: Proclamation for the 48th Annual Cupertino High School Tournament of Bands
Recommended Action: Present Proclamation for the 48th Annual Cupertino High School
Tournament of Bands
Mayor Paul presented a Proclamation to Addy Roff for the Annual Cupertino High School
Tournament of Bands.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
24
City Council Minutes October 2, 2018
Herb Wiffler and Dan Rosenbaum (Cupertino residents) on behalf of Residents of Prospect
Road talked about a petition from residents on Prospect Road regarding neighborhood
nuisance complaints (distributed written comments).
Ignatius Y. Ding (Cupertino resident) talked about development and health hazards.
Kathy R. Chole (Cupertino resident) talked about the Regnart Creek Trail Feasibility Study .
Ilango Ganga (Cupertino resident) talked about the Regnart Creek Trail Feasibility Study.
Anika McClure on behalf of Silicon Valley Leadership Group talked about the Annual
Applied Materials of Silicon Valley Turkey Trot on November 22 in downtown San Jose
beginning at 8:00 a.m.
CONSENT CALENDAR
Chang moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None.
Absent: None.
3. Subject: Approve the September 18-19 City Council minutes
Recommended Action: Approve the September 18-19 City Council minutes
4. Subject: Accept Accounts Payable for the period ending August 03, 2018
Recommended Action: Adopt Resolution No. 18-095 accepting Accounts Payable for the
period ending August 03, 2018
5. Subject: Accept Accounts Payable for the period ending August 10, 2018
Recommended Action: Adopt Resolution No. 18-096 accepting Accounts Payable for the
period ending August 10, 2018
6. Subject: Accept Accounts Payable for the period ending August 17, 2018
Recommended Action: Adopt Resolution No. 18-097 accepting Accounts Payable for the
period ending August 17, 2018
7. 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
25
City Council Minutes October 2, 2018
(Operating Engineers), Appointed (City Attorney and City Manager), Elected Official
groups and retired annuitants.
Recommended Action: Adopt Resolution No. 18-098 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.
8. Subject: Application for Alcohol Beverage License for Safeway, Inc. (dba Safeway), 20620
Homestead Road
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Safeway, Inc. (dba
Safeway), 20620 Homestead Road
9. Subject: Recology Cupertino’s request for payment of $8,023 to cover additional costs to
process commercial organic materials collected in calendar year 2017
Recommended Action: Authorize a payment of $8,023 to Recology Cupertino from the
Resource Recovery fund 520-81-801 to cover additional costs to process commercial organic
materials collected in calendar year 2017
10. Subject: Annexation of Creston Dr. 18-01 (10598 Creston Dr. - APN 326-12-089)
Recommended Action: Adopt Resolution No. 18-099 making determinations and
approving the annexation of territory designated as “Creston Dr. 18 -01” of approximately
0.31 acre of land located on the north side of Creston Drive, between Groveland Drive and
Alderney Court
11. Subject: Reject all bids for a construction contract for the McClellan Ranch Preserve
Community Garden Project
Recommended Action: Reject all bids related to the construction of the McClellan Ranch
Preserve Community Garden Improvements Project (Project No. 2019-06) and authorize the
rebid of the project
SECOND READING OF ORDINANCES
12. Subject: Second Reading of an Ordinance Designating Additional Preferential Parking
Zones Ordinance on Noble Fir Court, Red Fir Court and White Fir Court (Continued from
September 18)
Recommended Action: 1. Conduct the second reading of Ordinance No. 18-2176: "An
Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal
Code Section 11.27.145 Designating Additional Preferential Parking Zones to add Noble
Fir Court, Red Fir Court and White Fir Court"; and 2. Enact the ordinance. Note: The first
reading was conducted on August 21 and there were no changes to the ordinance.
26
City Council Minutes October 2, 2018
Director of Public Works Timm Borden introduced the item.
Mayor Paul opened public comment and the following individual spoke on this item:
Amar Sajapuram (Cupertino resident) on behalf of Roundtree Cuperti no Board of
Directors Management.
Mayor Paul closed public comment.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2176.
Chang moved and Sinks seconded to read Ordinance No. 18-2176 by title only and that the
City Clerk’s reading would constitute the second reading thereof. Ayes: Paul, Chang,
Scharf, Sinks, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
Chang moved and Sinks seconded to enact Ordinance No. 18-2176. Ayes: Paul, Chang,
Scharf, Sinks, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
13. Subject: Second reading and enactment of ordinances to amend the Municipal Code to
allow Adoption and Implementation of Vallco Town Center Specific Plan, to Rezone the
Parcels within the Vallco Special Area and to Approve a Development Agreement by and
Between the City of Cupertino and Vallco Property Owner LLC for the Development of
Vallco Town Center. (Application Number(s): MCA-2018-01, Z-2018-01, DA-2015-02;
Applicant(s): City of Cupertino (Municipal Code and Zoning Amendments) and Vallco
Property Owner, LLC (Development Agreement); Location: 10101 to 10333 North Wolfe
Road APN: 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-
106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095)
Recommended Action: Conduct the second reading and enact:
1. Ordinance No. 18-2177: “An Ordinance of the City Council of the City of Cupertino
Amending the Municipal Code to Allow Adoption and Implementation of
Vallco Town Center Specific Plan;”
2. Ordinance No. 18-2178: “An Ordinance of the City Council of the City of Cupertino
Rezoning the Parcels within the Vallco Special Area;” and
3. Ordinance No. 18-2179: “Ordinance of the City Council of the City of Cupertino
Approving a Development Agreement by and Between the City of Cupertino and Vallco
Property Owner LLC for the Development of Vallco Town Center.”
Written communications for this item included emails to Council, redline changes to the
ordinance, and a staff presentation.
27
City Council Minutes October 2, 2018
Senior Planner Catarina Kidd reviewed the staff report and presentation.
Staff answered questions from Council.
Mayor Paul opened public comment and the following individuals spoke:
Sujatha Venkatraman and Monica Chandra on behalf of West Valley Community Services
Andrew Walter (Cupertino resident) on behalf of Cupertino Chamber of Commerce
Jan Stokely on behalf of Housing Choices
Geoff Paulsen (Cupertino resident)
Orrin Mahoney
Kaili Liao (Cupertino resident) on behalf of Friends of Children with Special Needs
(FCSN)
David Wei (Cupertino resident) on behalf of Organization of Special Needs Families (OSF)
Jean Bedord (Cupertino resident)
Jim Walker (Cupertino resident)
Marie Liu (Cupertino resident)
Guangyn Tang (Cupertino resident) on behalf of FCSN
Sabrina Rizk (Cupertino resident)
Ganesh Suve (Cupertino resident)
Regina Thomas (Cupertino resident) on behalf of Housing Choices
Feng Ye (Cupertino resident)
Pete Heller (Cupertino resident)
Jennifer Griffin
Jeanne Bradford (Cupertino resident)
David Meyer on behalf of Silicon Valley at Home
Hemant Buch
Kinjal Buch (Cupertino resident)
Danessa Techmanski (Cupertino resident)
Stanley Tseng (Mountain View resident)
Hung Wei (Cupertino resident)
Kevin McClelland
Ian Greenside (Cupertino resident)
Liang Chao (Cupertino resident) (distributed written comments)
Lisa Warren (Cupertino resident)
Mayor Paul closed public comment.
Council recessed from 8:33 p.m. to 8:42 p.m.
28
City Council Minutes October 2, 2018
City Clerk Grace Schmidt read the title of Ordinance No. 18-2177.
Chang moved and Sinks seconded to read Ordinance No. 18-2177 by title only and that the
City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
Sinks moved and Chang seconded to enact Ordinance No. 18-2177. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2178.
Chang moved and Sinks seconded to read Ordinance No. 18-2178 by title only and that the
City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
Sinks moved and Chang seconded to enact Ordinance No. 18-2178. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2179.
Chang moved and Sinks seconded to read Ordinance No. 18-2179 by title only and that the
City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
Sinks moved and Chang seconded to enact Ordinance No. 18-2179. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
14. Subject: Authorization of grant application to County of Santa Clara's All-Inclusive
Playground Grant Program
Recommended Action: Adopt Resolution No. 18-100 authorizing application to the County
of Santa Clara's All-Inclusive Playground Grant Program for funding to replace an existing
playground at Jollyman Park with an All-Inclusive playground, and related actions.
Written communications for this item included a staff presentation.
Councilmember Vaidhyanathan noted that she had a conflict of interest on this item and
left the dais.
29
City Council Minutes October 2, 2018
Written communications for this item included a staff presentation.
Park Restoration and Improvement Manager Gail Seeds reviewed the staff report and
presentation.
Staff answered questions from Council.
Scharf moved and Chang seconded to adopt Resolution No. 18-100 authorizing application
to the County of Santa Clara's All-Inclusive Playground Grant Program for funding to
replace an existing playground at Jollyman Park with an All-Inclusive playground, and
related actions. The motion carried with Vaidhyanathan recusing.
Councilmember Vaidhyanathan returned to the dais.
REPORTS BY COUNCIL AND STAFF
15. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Interim City Manager Amy Chan updated Council regarding nuisance concerns on
Prospect Road as brought up by a resident in Oral Communications. Staff noted that they
would look into the concerns.
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 10:14 p.m., Mayor Paul adjourned the meeting.
___________________________
Grace Schmidt, City Clerk
30
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4376 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/12/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Receive report on commission and committee members’ terms expiring January 30, 2019
and set application submittal deadline date of January 11, 2019 and candidate interview dates of
January 28 and 29, 2019
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A – 2019 Local Appointments List and Notice of Vacancies
B - Resolution Governing Recruitment
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Receive report on commission and committee members’ terms expiring January 30,
2019 and set application submittal deadline date of January 11, 2019 and candidate interview
dates of January 28 and 29, 2019
a.) Receive report on commission and committee members’ terms expiring January 30, 2019;
and
b.) Set the application submittal deadline date of 4:30 p.m. on Friday, January 11, 2019 and
candidate interviews beginning at 5:00 p.m. on Monday and Tuesday, January 28 and 29 for
commission and committee members’ terms expiring January 30, 2019
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
powered by Legistar™31
CITY COUNCIL STAFF REPORT
Meeting: October 16, 2018
Subject
Receive report on commission and committee members’ terms expiring January 30, 2019 and set
application submittal deadline date of January 11, 2019 and candidate interview dates of January
28 and 29, 2019.
Recommended Action
a.) Receive report on commission and committee members’ terms expiring January 30, 2019; and
b.) Set the application submittal deadline date of 4:30 p.m. on Friday, January 11, 2019 and
candidate interviews beginning at 5:00 p.m. on Monday and Tuesday, January 28 and 29 for
commission and committee members’ terms expiring January 30, 2019.
Background
Outreach for the annual recruitment of all commission candidates will begin in late October and
City Council will interview applicants in January. Commissions with upcoming vacancies in
January 2019 include: Fine Arts Commission (2), Bicycle Pedestrian Commission (3), Housing
Commission (1), Library Commission (2), Parks and Recreation Commission (2), Planning
Commission (2), and TICC (3). Council will also have the option to designate alternates at the
time of the appointment of regular members during the interviews.
Discussion
The City Council appoints members to 11 advisory commissions. Members serve staggered, four-
year terms with a two-term limit and must wait two years before they can reapply for the same
commission. The Cupertino Municipal Code specifies that the term of office for the members of
each commission shall end on January 30 of the year their term is due to expire. No commissioner
shall serve more than two consecutive terms except if they have been appointed to fill an
unscheduled vacancy for a term that is less than two years.
Recruitment, appointment, and reappointment are governed by City Council Resolution No. 16-
137, and Government Code sections 54970-54974. The Teen Commission is governed by
Resolution No. 18-019 and follows a different appointment schedule and structure.
Vacancies will be announced in October in the local media, posted at City Hall, Senior Center,
Quinlan Community Center, and the Library, and included in the Cupertino Scene and the City’s
32
web site. Notices are also mailed to CERT graduates, Neighborhood Block Leaders, Leadership
95014 graduates, the Chamber of Commerce, service organizations, and other interested parties.
Commissioners who have expired terms and are eligible for reappointment are notified as well
as those with applications on file.
The attached list describes all of the commissions and lists the names of incumbents whose terms
are ending in January 2019. Applicants may apply for up to two commissions and each applicant
is interviewed for their preferred commission(s).
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – 2019 Local Appointments List and Notice of Vacancies
B – Resolution Governing Recruitment
33
1
LOCAL APPOINTMENTS LIST
AND NOTICE OF COMMISSION AND COMMITTEE TERMS EXPIRING IN 2019
NOTICE IS HEREBY GIVEN that residents are encouraged to apply for positions on City
commissions that will have vacancies in January of 2019 . The application deadline is 4:30
p.m. on Friday, January 11, 2019. Council will conduct interviews beginning at 5:00 p.m. on
Monday, January 28, 2019 and Tuesday, January 29, 2019. Commissioners are appointed
by the City Council and may serve a total of two consecutive 4-year terms (the Teen
Commission has a different term structure). Council may also appoint alternates to serve
on commissions and committees in the event of a vacancy. A commissioner may serve
more than two consecutive terms if he or she has been appointed to fill an unexpired
(partial) term of less than two years. All meetings are open to the public. For more
information or to apply for a commission, please contact the City Clerk’s Office, 777-3223
or cityclerk@cupertino.org; or visit the City website at www.cupertino.org/vacancies.
BICYCLE PEDESTRIAN COMMISSION
3 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Gerhard Eschelbeck 1/30/17 First term ends 1/30/19 Yes
Erik Lindskog 1/27/15 First term ends 1/30/19 Yes
Sean Lyn 1/27/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members who are residents of the City
and shall be appointed by the Council to four-year overlapping terms. None shall be
officials or employees of the City nor cohabit with, as defined by law, nor be related by
blood or marriage to, any member of the committee, the City Manager or the staff
person or persons assigned to the Commission. The function of the Commission is to
review, monitor and suggest recommendations for City transportation matters including,
but not limited to bicycle and pedestrian traffic, parking, education and recreation
within Cupertino. The Bicycle Pedestrian Commission falls under the Political Reform Act
of 1974 and financial disclosure is required. Regular meetings are held monthly on the
third Wednesday at 7 p.m. in City Hall, Conference Room C. For more information, call
staff liaison David Stillman at 408-777-3249 or davids@cupertino.org.
FINE ARTS COMMISSION
2 available seats (residency requirement for three out of five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Michael Sanchez 1/28/13; and 1/27/15 Second term ends 1/30/19 No
Janki Chokshi 1/26/16 First term ends 1/30/19 Yes
34
2
Qualifications: The Commission consists of five members appointed by Council for four -
year terms. None of the members shall be employees or officials of the City, nor cohabit
with as defined by law, nor be related by blood or marriage to any member of the
Commission, the City Manager or staff person assigned to the Commission. At least three
shall be Cupertino residents. The powers and functions of the Fine Arts Commission are
to foster, encourage and assist the realization, preservation and advancement of the
fine arts for the benefit of the community. The Fine Arts Commission falls under the
Political Reform Act of 1974 and financial disclosure is required. Regular meetings are
held on the 4th Monday of every other month (odd months) and more often as
necessary at 7:00 p.m. in City Hall, Conference Room C. For more information, contact
staff liaison Catarina Kidd at 408-777-3214 or finearts@cupertino.org.
HOUSING COMMISSION
1 available seat (residency requirement for three out of five members; Business and
financial institution representatives must be located in Cupertino)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Sanjiv Kapil 1/30/17 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members appointed by the council to
four-year terms. One must be a representative from a Cupertino financial institution and
another from a Cupertino business. Housing Commission members who are
representatives of a financial institution or a business are not required to be Cupertino
residents, but the financial institution and the business represented must be located in
Cupertino. The three remaining community members must be residents of Cupertino.
The commission assists in developing housing policies and strategies, recommends
policies for implementation and monitoring of affordable housing projects, helps identify
sources of funding for affordable housing and performs other advisory functions
authorized by the City Council. The Cupertino Housing Commission falls under the
Political Reform Act of 1974 and financial disclosure is required. Regular meetings are
held at 9:00 a.m., the second Thursday of the month at City Hall, Conference Room C.
For more information, contact staff liaison Kerri Heusler at 408 -777-3251 or
kerrih@cupertino.org.
LIBRARY COMMISSION
2 available seats (residency requirement three out of five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Rose Grymes 1/25/11; and 1/27/15 Second term ends 1/30/19 No
Gopal Kumarappan 1/27/15 First term ends 1/30/19 Yes
35
3
Qualifications: The Commission consists of five members appointed by the Council to
four-year, overlapping terms. At least three members must be residents of Cupertino.
None of the members shall be officials or employees of the City, nor cohabit with, as
defined by law, nor be related by blood or marriage to any member of the Commission,
the City Manager or the staff person(s) assigned to this Commission. The Commission
advises the City Council on the adequacy of library service within the community and
such other matters relating to library service as specified by the city council, and serves
as liaison between the city and the Santa Clara County library system . The Library
Commission falls under the Political Reform Act of 1974 and financial disclosure is
required. Regular meetings are held monthly on the first Wednesday of each month at
7:00 p.m. in the Cupertino Library, 10800 Torre Avenue, Story Room. For more information,
call staff liaison Christine Hanel at 408-777-3120 or christineh@cupertino.org.
PARKS AND RECREATION COMMISSION
2 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Meenakshi Biyani 3/21/17 Partial term ends 1/30/19 Yes
Carol Stanek 1/26/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members who are residents of the City
and shall be appointed by the Council to four-year, overlapping terms. None of the
members shall be officials or employees of the City, nor cohabit with as defined by law,
nor be related by blood or marriage to any member of the Commission, the City
Manager or the staff person(s) assigned to this Commission. The commission advises the
City Council on municipal activities in relation to parks and recreation, including park
site acquisition and development, recreation program policy, and expansion of the
park program as development occurs. The Parks and Recreation Commission falls under
the Political Reform Act of 1974 and financial disclosure is required. Regular meetings
are held at 7:00 p.m. on the first Thursday of each month in the Community Hall. For more
information, contact staff liaison Jeff Milkes at 408-777-3120 or parks@cupertino.org.
PLANNING COMMISSION
2 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Don Sun 1/24/11; and 1/26/15 Second term ends 1/30/19 No
Geoffrey Paulsen 1/26/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members appointed by the Council to
overlapping four-year terms. Each member shall be a qualified elector in and resident
of the City. None of the members shall be officials or employees of the City and none of
whom shall cohabit with as defined by law, nor be related by blood or marriage to any
other member of the Commission, the City Manager or the staff person(s) assigned to
this Commission. The Commission’s primary function is to advise the City Council on land
use matters such as specific and general p lans, zonings and subdivisions. The
Commission reviews other matters as specified by City ordinances or Title VII of the
Government Code of California. The Planning Commission falls under the Political
Reform Act of 1974 and financial disclosure is required. Regular meetings are held at
6:45 on the second and fourth Tuesday of the month in the Community Hall.
Commissioners must take an ethics course every two years. For more information,
contact staff liaison Benjamin Fu at 408-777-3247 or benjaminf@cupertino.org.
36
4
AUDIT COMMITTEE
No vacancies
There are no terms expiring in January 2019
PUBLIC SAFETY COMMISSION
No vacancies
There are no terms expiring in January 2019
TEEN COMMISSION
No vacancies
There are no terms expiring in January 2019
SUSTAINABILITY COMMISSION
No vacancies
There are no terms expiring in January 2019
TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION
3 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Mukesh Garg 6/8/17 Partial term ends 1/30/19 Yes
Keita Broadwater 3/18/15 First term ends 1/30/19 Yes
Vaishali Deshpande 3/18/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members, from among the qualified
electors of the City, appointed by the council to four-year, overlapping terms. None of
the members shall be officials or employees of the City, nor cohabit with, as defined by
law, nor be related by blood or marriage to any member of the Commission, the City
Manager or the staff person(s) assigned to this Commission. They advise the city council
on all matters relating to telecommunications within the city of Cupertino, including
evaluating compliance with any franchise or other agreement between the city and a
telecommunications provider and conducting periodic reviews of providers, facilities,
and products. In addition, members serve as liaisons between the city, the public, and
telecommunications providers in enhancing education and information. The
commission also provides support for community access television, especially public
and educational access, and gives guidance when needed for development and
implementation of access channels and programming. The Technology, Information,
and Communications Commission falls under the Political Reform Act of 1974 and
financial disclosure is required. Regular meetings are held at least once every three
months and, at the discretion of the Commission, other meetings may be held as
necessary or expedient. Meetings usually fall on the first Wednesday of the month at
7:00 p.m. in City Hall Conference Room A. For more information, call staff liaison Bill
Mitchell at 408-777-1333 or billm@cupertino.org.
37
RESOLUTION NO. 16-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 10-048 AND AMENDING THE
RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT,
ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY
BODIES TO ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND
APPOINTMENTS PROCESS
WHEREAS, the City of Cupertino wishes to establish uniform terms and
conditions of office for advisory commissions; and
WHEREAS, there are within the City of Cupertino many citizens with talent,
expertise and experience who wish to serve the community; and
WHEREAS, the City Council believes it is important to provide these citizens
the opportunity to contribute to their community;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino rescinds Resolution No. 10-048 and establishes the following rules
governing recruitment, appointment and reappointment to City of Cupertino
Advisory bodies.
A. RECRUITMENT
1. Two months before regular terms expire, or immediately following
receipt of a resignation, the City Clerk distributes the vacancy notice as
follows:
The Cupertino Scene
The Cupertino Courier
The World Journal
The Cupertino City Channel
City Hall bulletin board
The City Clerk’s Office
The Cupertino Library
The Cupertino Chamber of Commerce
Cupertino City Web site
Other organizations as appropriate with respect to the openings
All persons with applications on file for that particular commission
38
Resolution No. 16-137
Page 2
2. Two months before regular terms expire, the City Clerk’s Office also
mails the vacancy notice to the following individuals:
Students and graduates of Cupertino Emergency Response
Training
Students or graduates of Leadership Cupertino
Neighborhood Block Leaders
Individuals who have signed up for notification at the Cupertino
Town Hall meetings.
3. All vacancy notices and posting shall be done in accordance with the
provisions of the Maddy Act, California Government Code 54970.
Specifically, vacancy notices shall be posted for a minimum of 10 days.
4. Applications will be retained for a maximum of one year after Council
review. After that time, applicants shall submit a new application if
they wish to remain on the list for consideration.
5. Those persons with applications on file within one year of Council
review are advised of the vacancy by the City Clerk and may activate
that application. Upon receipt of the vacancy notice, the applicant
must contact the City Clerk’s Office and ask that the application be
reactivated.
6. An applicant may file for a maximum of two commissions at any one
application period.
7. A member of an advisory body, having completed two consecutive
terms, must wait two years after the term would have normally ended
before being eligible to apply for the same commission or committee.
8. Application forms will be available in the City Clerk’s Office and will
be mailed upon request with information about the opening(s).
Application forms will also be available on the City’s Web site.
9. No application shall be accepted after the deadline.
10. When the final deadline has passed, the City Clerk’s Office will mail
applicants the date, time and location of the interviews along with
sample questions to consider.
39
Resolution No. 16-137
Page 3
11. The City Clerk’s Office will copy the applicants’ written material for
Council members. The written material will also be available for
public review in the City Clerk’s Office.
12. An applicant who is unable to attend the interview may submit a 5-
minute video presentation in advance of the interview meeting. The
tape will be reviewed at the meeting. The video will be made by City
staff at the applicant’s request upon the approval of the City Clerk.
The City will fund these costs.
B. INTERVIEWS AND APPOINTMENTS
1. When Council meets to conduct interviews, it is a public meeting
subject to the Brown Act and therefore open to the public. The
candidates will be asked by the City Clerk (either in person or by
written instructions left in the waiting area) to remain seated in the
waiting area until they are called in for the interview. Candidates will
also be asked to return to the waiting area until the announcement of
the vote, or to go home and contact the City Clerk’s Office the next day
regarding the results. However, all applicants and members of the
public have the option of remaining in the room for any or all of the
meeting.
2. The order in which interviews are scheduled to take place will be
determined by a drawing of names. The City Clerk will do this in
advance.
3. Interviews are informal and usually last 5-8 minutes. Council
members are looking for:
Familiarity with the subject
Decision-making ability
Commitment to the position for which they have applied
4. Appointments will be made following a vote in public. Ballots will be
distributed, and Council members will vote and sign the ballots. The
City Clerk will announce the votes.
40
Resolution No. 16-137
Page 4
5. The City Council may appoint alternates to serve on boards,
commissions and committees in the event of a vacancy. Such
alternates may attend and participate in meetings of the board,
commission, or committee but shall not vote in such meetings
until such time as a vacancy has occurred and the alternate has filled
such vacancy. If the City Council appoints more than one alter nate
for a particular board, commission or committee, the City Council
shall designate the alternates as first alternate, second alternate
and so on such that immediately upon a vacancy occurring in a
board, commission, or committee, the first alternate shall fill such
vacancy without the need for further City Council action.
C. UNSCHEDULED VACANCIES AND ATTENDANCE
1. If a vacancy occurs for an unexpired term and interviews for
appointment to that advisory body have been conducted within the
previous ninety days, the unexpired term may be filled from those
applications following the required posting of the vacancy.
2. The notice of unscheduled vacancy shall be posted no earlier than 20
days before nor later than 20 days after the vacancy occurs, and at least
10 working days before appointment. The notice of unscheduled
vacancy must be posted in the Office of the City Clerk, at the City Hall
bulletin board, at the Cupertino Library, and in other places
designated by the City Clerk.
3. A member shall be considered removed from an advisory body under
the following conditions.
A member misses more than three consecutive meetings
A member misses more than 25% of the advisory body’s meetings
in a calendar year
4. It is the responsibility of the advisory body’s staff liaison to notify the
City Clerk of a member’s attendance record to allow sufficient time to
send a warning notice if the member has missed three consecutive
meetings or 25% of the meetings, and to send a termination notice if
the member has missed more three consecutive meetings or more than
25% of the meetings in a calendar year.
41
Resolution No. 16-137
Page 5
5. A member who has been removed from an advisory body for
inadequate attendance may request a waiver of this provision by
submitting a letter to the City Council setting forth the reason for the
absences and confirming future availability.
D. GENERAL PROVISIONS
1. Term limit restrictions listed in this resolution do not apply to
temporary appointments for unexpired terms.
2. All provisions of this resolution shall apply unless otherwise decided
by the City Council on a case-by-case basis.
3. In the event that any provision of this resolution conflicts with the
provisions of any other ordinance or resolution governing a particular
advisory body, the provisions governing that advisory body shall
prevail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of December, 2016, by the following vote:
Vote Members of the City Council
AYES: Vaidhyanathan, Chang, Scharf, Sinks
NOES: None
ABSENT: Paul
ABSTAIN: None
ATTEST: APPROVED:
/s/ Grace Schmidt /s/ Savita Vaidhyanathan
_________________________ ___________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
42
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4360 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Small Cell Wireless Agreement with ExteNet Systems (California) LLC
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Small Cell License Agreement
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Small Cell Wireless Agreement with ExteNet Systems (California) LLC
Authorize the City Manager to enter into a Small Cell License Agreement with ExteNet
Systems (California) LLC
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
powered by Legistar™43
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 16, 2018
Subject
Small Cell License Agreement with ExteNet Systems (California) LLC
Recommended Action
Authorize the City Manager to enter into a Small Cell License Agreement with ExteNet
Systems (California) LLC
Description
Small Cell Facilities are wireless telecommunication devices that consist of radio
receivers, antennas and other associated power and electronics equipment, with a
defined maximum size (volume) for all equipment. Small Cell Facilities produce
considerably less emissions than typical macro -cell towers, and help to mitigate and
manage the use of the wireless frequency spectrum, ensuring residents, public safety
officers and visitors have adequate cellular coverage. Small cell facilities are the
industry solution to address the growing demand for wireless services.
The City currently has four agreements in place for placement of Small Cell Facilities on
City owned street light poles. These four agreements are with Crown Castle Ng West,
LLC; Mobilitie, LLC; GTE Mobilnet of California Limited Partnership, d/b/a/ Verizon
Wireless; and New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless.
This new agreement allows ExteNet to place their own small cell equipment on the
city’s street light poles, and has the same basic terms and requirements as the four
existing small cell agreements. The different provisions in this small cell agreement, as
negotiated by the parties, are an automatic renewal after the 5 year periods, up to the 15
year agreement term; City approval would not be required for modifications to
equipment that are consistent with Section 6409 (a) of the Middle Class Tax Relief and
Job Creation Act (in compliance with State Law); clarification that leasing to a third
party is not considered a transfer of interest; and various changes to improve and
strengthen the Indemnity and Insurance and the General Provisions sections of the
44
City’s standard agreement. The substantive terms that were reached with ExteNet
(which match those of the other small cell agreements) are as follows:
Term: Three (3) - five (5) year terms for a total of fifteen (15) years. Fifteen years
also happens to be the current term of the Verizon Cell Tower Lease for the Civic
Center.
Rent: The rent has been set at $1500 per pole per year. This amount is increased
at a 3% annual rate each year.
Rent Adjustment: The rent is adjusted annually. In addition, every five years the
rent is adjusted to reflect the highest rent paid by the carrier to any jurisdiction
within the County of Santa Clara with the exception of San Jose. Cupertino’s rate
will equal or exceed the rate of any other City in the County with the exception
of San Jose at the start of this License. Every five years the City will have an
opportunity to catch up to the market rate if the carrier pays any other City,
including the County of Santa Clara a higher rate. Again, the exception is that
San Jose is carved out due to its unique circumstances.
Aesthetic Control: The City Engineer retains full control over the design of Small
Cells. Thus, the City Engineer will be able to ensure that the aesthetic impact of
these Small Cells is minimized. The current intent is to not allow battery back-
ups for the Small Cells due to the large size of the batteries. Although this will
minimize Small Cell availability during an emergency, it will reduce unsightly
batteries on poles or new street furniture in the public rights of way. The
agreement with ExteNet has provided a design for these facilities that staff
believes is aesthetically suitable, and which is identical to the designs approved
for the four existing small cell agreements.
Placement Control: The City Engineer will retain full discretion on which poles
may be used for Small Cells. This discretion will be based on safety and aesthetic
concerns. The carrier may replace City poles at their own expense following City
Engineer approval of the design of the replacement pole. Depictions of the
approved designs are attached to the agreement.
There have been a number of attempts, both by Federal and State Officials (FCC
Dockets WT 17-79 & 17-84, SB-649, ACR-62), to minimize or remove a City’s ability to
45
regulate aesthetics, placement and permitting for small cell facilities which, in effect,
grant wireless service providers permission to place facilities on any locally owned
utility poles, streetlights, and other suitable facilities located within the public right-of-
way, as well as in other local public spaces such as parks, hospitals and public
buildings. To date, most attempts have been blocked at various levels of government .
However, the FCC recently released Declaratory Ruling and Order for Dockets 17-79
and 17-84 which could provide backing for further legislative initiatives.
The proposed License Agreement for ExteNet owned small cell facilities on street light
poles will help the City to retain some control over the design, placement and aesthetics
of small cell facilities. Without this License Agreement, ExteNet only has the option to
install small cell facilities on PG&E poles. Current designs for facilities on PG&E poles
are more challenging to disguise, and the City has less authority over the designs for
these facilities, and there will be fewer alternatives for locating the facilities. Limiting
service providers to use only PG&E owned poles could prove to the Federal and State
legislatures that cities are not capable of streamlining deployment of small cell facilities,
and thus hasten the need to enact legislation that removes all discretion from cities.
Environmental Impact
Installation of small cell facilities on existing street light poles is categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and
15303 of the Guidelines for CEQA.
CEQA Guidelines Section 15302 allows for replacement or reconstruction of existing
structures and facilities where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity as the
structure replaced. Likewise, the replacement light standard would serve the same
purpose as the existing field light standard. Additionally, CEQA Guidelines Section
15303 allows for the construction and location of limited numbers of new, small
facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure. The proposed
antennas to be mounted on replacement poles would qualify as minor modifications to
an existing pole.
Fiscal Impact
The initial fiscal impact of these licenses will be minimal if the assumption is made that
10 poles will be utilized by ExteNet for their initial build-out. This would result in a
46
total annual revenue to the City of $15,000 per year. However it is anticipated that this
is the first step in a more significant deployment so the sums could increase over time.
Sustainability Impact
No sustainability impact.
_____________________________________
Prepared by: Chad Mosley, City Engineer
Reviewed by: Timm Borden, Director Public Works
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A - Small Cell License Agreement between the City Of Cupertino and ExteNet
Systems (California) LLC
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
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79
80
81
Exhibit 1: ExteNet Proposed Node Location
Cascade
+ Cand.
ExteNet
Project ID
ExteNet
Node Location ID
Customer
Node Candidate Letter Jurisdiction Latitude Longitude Pole Type Antenna
Location
SF90XS325M NW-CA-SNFSPR09-SPR NW-CA-SANFRNMC-52013 SF90XS325 M Cupertino 37.337455 -122.036107 Metal Light Pole Top
82
PROPOSED NOTICE
SIGNAGE
PROPOSED VERIZON WIRELESS
CYLINDRICAL ANTENNA
(CONCEALED WITHIN (N) SHROUD)
PROPOSED FRP
CONCEALMENT SHROUD
PROPOSED SHT.
MTL. SKIRT
EXISTING STREET
0'-0"
EXISTING GRADE
±28'-0" A.G.L. (VARIES PER SITE)
TOP OF EXISTING LIGHT POLE
EXISTING SIDEWALK
±30'-0" A.G.L. (VARIES PER SITE)
TOP OF EXISTING LUMINAIRE±5'-5"±33'-5" A.G.L.
(TOP OF EXISTING POLE ±5'-5")
TOP OF PROPOSED
CONCEALMENT SHROUD
NOTES:
1. FRP CONCEALMENT SHROUD, SKIRT AND PEDESTAL BASE SHALL BE PAINTED TO MATCH EXISTING
LIGHT POLE.
2. DESIGN SHOWN ASSUMES EXCLUSION OF GPS ANTENNA.
3. DESIGN SHOWN IN BASED ON AMPHENOL WB080X06FX60 ANTENNA, CONCEALMENT SHROUD/
SKIRT BY WIRELESS STRUCTURES CONSULTING, ERICSSON RRUS32 UNITS.
4. DESIGN AND HEIGHTS MAY VARY ON A SITE BY SITE BASIS BASED ON EXISTING SITE/ POLE
CONDITIONS AND EXISTING POLE MOUNTED APPURTENANCES.
1'-3" DIA.±2'-0"PROPOSED
DISCONNECT
PROPOSED WIRELESS
("SMART") POWER METER
CONCEALED WITHIN
CONCEALMENT SHROUD
±9'-0" A.G.L.
TOP OF PROPOSED DISCONNECT
±4'-0" A.G.L.
TOP OF PROPOSED
PEDESTAL BASE
2'-6" SQ.
PROPOSED VERIZON WIRELESS
EQUIPMENT CONCEALED WITHIN
PEDESTAL BASE (2-RRUS 32 UNITS,
2-DIPLEXERS, 1-FIBER DEMARC)
PROPOSED LOUVERED
PANEL, TYP. (4) SIDES FOR
EQUIPMENT VENTILATION
EXISTING OR NEW
STEEL LIGHT POLE
ERICSSON
ERICSSON
16"CLR.PROPOSED NOTICE
SIGNAGE
PROPOSED VERIZON WIRELESS
CYLINDRICAL ANTENNA
(CONCEALED WITHIN (N) SHROUD)
PROPOSED FRP
CONCEALMENT SHROUD
PROPOSED SHT.
MTL. SKIRT
15'-3" A.G.L.
TOP OF PROPOSED RRU UNIT
EXISTING STREET
0'-0"
EXISTING GRADE
±28'-0" A.G.L. (VARIES PER SITE)
TOP OF EXISTING LIGHT POLE
EXISTING SIDEWALK
PROPOSED CABLE
SHROUD, TYP.
18'-6" A.G.L.
TOP OF PROPOSED RRU UNIT
16'-7" A.G.L. MIN.
BOTTOM OF PROPOSED RRU UNIT
±30'-0" A.G.L. (VARIES PER SITE)
TOP OF EXISTING LUMINAIRE±5'-5"±33'-5" A.G.L.
(TOP OF EXISTING POLE ±5'-5")
TOP OF PROPOSED
CONCEALMENT SHROUD
NOTES:
1. FRP CONCEALMENT SHROUD, SKIRT, RRU UNITS AND CABLE SWEEPS SHALL BE PAINTED TO
MATCH EXISTING LIGHT POLE.
2. DESIGN SHOWN ASSUMES EXCLUSION OF GPS ANTENNA.
3. DESIGN SHOWN IN BASED ON AMPHENOL WB080X06FX60 ANTENNA, CONCEALMENT SHROUD/
SKIRT BY WIRELESS STRUCTURES CONSULTING, ERICSSON RRUS32 UNITS.
4. DESIGN AND HEIGHTS MAY VARY ON A SITE BY SITE BASIS BASED ON EXISTING SITE/ POLE
CONDITIONS AND EXISTING POLE MOUNTED APPURTENANCES.
5. EXISTING TRAFFIC SIGN(S) TO BE RELOCATED AS REQUIRED TO SCREEN RRU UNIT.
1'-3" DIA.±2'-0"EXISTING OR NEW
STEEL LIGHT POLE
PROPOSED
DISCONNECT
13'-4" A.G.L. MIN.
BOTTOM OF PROPOSED RRU UNIT
PROPOSED WIRELESS
("SMART") POWER METER
CONCEALED WITHIN
CONCEALMENT SHROUD
±9'-0" A.G.L.
TOP OF PROPOSED DISCONNECT
PROPOSED DIPLEXER, TYP.
OF (2), CONCEALED WITHIN
CONCEALMENT SHROUD
(N) RRUS 32 UNIT W/
PSU AC 08 POWER
INTERFACE, TYP. OF (2)
SK-12
PEDESTAL BASE,
STACKED RRU
ELEVATIONS
1/2"=1'-0"
SCALE:
1'2'4'STACKED RRU UNIT ELEVATIONS 1/2"=1'-0"
SCALE:
1'2'4'PEDESTAL BASE ELEVATIONS VERIZONWIRELESSCUPERTINOODAS STREET LIGHTPROJECTSHEET TITLE
SHEET NUMBER
THESE PLANS ARE INSTRUMENTS OF SERVICE AND ARE
FOR THE CLIENT'S USE SOLELY WITH RESPECT TO THIS
PROJECT. THESE PLANS SHALL NOT BE ALTERED,
MODIFIED OR REPRODUCED IN PART OR IN WHOLE
WITHOUT PRIOR WRITTEN CONSENT. THESE PLANS ARE
FORMATTED TO BE FULL-SIZE AT ARCH D 24"X36".
COPYRIGHT 2016 JAMES VACCARO ARCHITECT, INC..
REV DATE ISSUE
1 4/12/2016 PRELIMINARY FOR REVIEW
CLIENT
MODUS, INC.
240 STOCKTON STREET, 3RD FLOOR
SAN FRANCISCO, CA 94108
2785 MITCHELL DRIVE, SUITE 9
WALNUT CREEK, CA 94598
VERIZON WIRELESS
CONSULTANTS
PRELIMINARY
NOT FOR CONSTRUCTION
2 4/15/2016 PRELIMINARY FOR REVIEW
3 4/19/2016 PRELIMINARY FOR REVIEW
4 4/28/2016 PRELIMINARY FOR REVIEW
411 DONDEE WAY, UNIT C
PACIFICA I CA I 94044
415.608.3670 PHONE I 415.963.4471 FAX
INFO@JVARCHITECT.COM
WWW.JVARCHITECT.COM
JAMES VACCARO
ARCHITECT ,INC .
5 8/1/2016 PRELIMINARY FOR REVIEW
6 5/8/2017
CONCEPTUAL
ELEVATION REV. PER
CLIENT COMMENTS
7 5/31/2017 PRELIMINARY FOR REVIEW
8 6/9/2017
CONCEPTUAL
ELEVATION REV. PER
CLIENT COMMENTS
9 6/14/2017
CONCEPTUAL
ELEVATION REV. PER
CLIENT COMMENTS
2 1
EXTENET EXTENET
EXHIBIT 283
84
85
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4157 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/9/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Report on Bids and Award a Contract for the McClellan Ranch West Parking Lot
Improvement Project (No. 2017-05)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Report on Bids and Award a Contract for the McClellan Ranch West Parking Lot
Improvement Project (No. 2017-05)
1. Award a construction contract to Galeb Paving, Inc. of Saratoga, California, in the
amount of Six Hundred Five Thousand Eighty-two Dollars and 88/100 ($605,082.88); and
2. Authorize a construction contingency budget of Sixty-one Thousand Dollars ($61,000),
which is approximately 10% of the construction contract amount, to address unforeseen
conditions during construction.
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
powered by Legistar™86
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
October 16, 2018
Subject
Report on Bids and Award a Contract for the McClellan Ranch West Parking Lot
Improvement Project (No. 2017-05)
Recommended Action
1. Award a construction contract to Galeb Paving, Inc. of Saratoga, California, in the
amount of Six Hundred Five Thousand Eighty-two Dollars and 88/100 ($605,082.88);
and
2. Authorize a construction contingency budget of Sixty-one Thousand Dollars
($61,000), which is approximately 10% of the construction contract amount, to
address unforeseen conditions during construction.
Description
The recommended project will formalize the existing use of the site located at 22241
McClellan Road. This new “green”, meadow-style parking lot, which will have a
permeable concrete paving, has been designed to be compatible with and sensitive to
the creek environment in order to have minimal impact to the site.
Discussion
This project is in the FY 2018-19 CIP plan. The McClellan Ranch West site has been used
informally for staff and overflow parking without a suitable, stable surface, and is not
available for use during the rainy season due to mud. The opening of the
Environmental Education Center in 2015 has increased the parking demand at
McClellan Ranch Preserve. The removal of the Simms House two and a half years ago
at the McClellan Ranch West site advanced the option to build the additional parking
needed at McClellan Ranch Preserve by providing a suitable parking surface with
appropriate landscaping.
Bid Results
The bid opening for the McClellan Ranch West Parking Lot Improvement Project was
on October 2, 2018. Five bids were received for the project as follows:
87
Bidder Base Bid Additive
Alternate
Total Bid
Galeb Paving, Inc. $ 490,324.88 $ 114,758.00 $ 605,082.88
Redgwick Construction $ 574,207.50 $ 143,418.00 $ 717,625.50
Guerra Construction Group $ 606,675.00 $ 128,985.00 $ 735,660.00
QLM, Inc. $ 644,778.00 $ 223,378.00 $ 868,156.00
McGuire & Hester $ 680,503.00 $ 206,840.00 $ 887,343.00
Expected Expenditure $ 495,000.00 $ 120,000.00 $ 615,000.00
The Notice Inviting Bids was posted on the City’s Business Opportunities webpage, in
the Courier, and was distributed to required outlets and to construction firms with the
proper contractor licensing requirement. The bid package consisted of a Base Bid, which
included the grading, paving and associated work for the parking lot itself, and an
Additive Alternate, which included the planting and irrigation scopes of work. Galeb
Paving’s bid was 1.61 percent below the posted total expected expenditure for the
project.
Staff evaluated the bid and contractor qualifications concluding that the contract may be
awarded to the low bidder, Galeb Paving, Inc. This contractor has successfully
completed many grading, paving and parking lot projects in the Bay Area, including
work with local school and community college districts in the South Bay.
The project is scheduled to begin on or about November 26, 2018 with completion in
spring 2019. This schedule supports parking lot availability for the late spring and
summer recreation season at McClellan Ranch Preserve.
Sustainability Impact
None
CEQA
Council adopted a resolution on August 21, 2018 adopting the Mitigated Negative
Declaration for the McClellan Ranch West Parking Lot Improvement Project and
approved the project.
Fiscal Impact
The FY 2018-2019 CIP budget for the McClellan Ranch West Parking Lot Improvement
Project (budget unit 420-99-030) is adequate to implement the project. No additional
appropriation is needed.
88
_____________________________________
Prepared by: Michael Zimmermann, CIP Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – Draft Contract
89
McClellan Ranch West Parking Lot Improvement CONTRACT
Project No. 2017-05 Page 22
Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino
(“City”), a municipal corporation, and ______________________________________
(“Contractor”), for work on the <______________________________________> Project
(“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a
Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience
as Exhibit A, to perform the Work to construct the Project. On _____________, 20___, City
authorized award of this Contract to Contractor for the amount set forth in Section 4 below.
2. Contract Documents. The Contract Documents incorporated into this Contract include
and are comprised of all of the following:
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment Bond, Performance Bond and, if required, a Warranty Bond;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Drawings and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Award;
2.12 Notice to Proceed;
2.13 The following: No other documents
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project,
as specified in the Contract Documents. Contractor must provide, furnish, and supply all
things necessary and incidental for the timely performance and completion of the Work,
including all necessary labor, materials, supplies, tools, equipment, transportation, and
utilities, unless otherwise specified in the Contract Documents. Contractor must use its best
efforts to complete the Work in a professional and expeditious manner and to meet or
exceed the performance standards required by the Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract
Documents, City will pay Contractor $___________________ (“Contract Price”) for all of
Contractor’s direct and indirect costs to perform the Work, including all labor, materials,
supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with
the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project 90 calendar
days from the date of the Notice to Proceed (“Contract Time”). By signing below,
Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
City will assess liquidated damages in the amount of $ 1,500 per day for each day of
unexcused delay in completion, and such liquidated damages may be deducted from City’s
payments due or to become due to Contractor under this Contract.
90
McClellan Ranch West Parking Lot Improvement CONTRACT
Project No. 2017-05 Page 23
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of
Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages,
working hours and workers’ compensation insurance.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements
applicable to the locality in which the Work is to be performed for each craft,
classification or type of worker needed to perform the Work, including employer
payments for health and welfare, pension, vacation, apprenticeship and similar
purposes. Copies of these prevailing rates are available online at
http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof
that the bidder and its Subcontractors are registered with the California Department
of Industrial Relations to perform public work under Labor Code section 1725.5,
subject to limited legal exceptions.
8. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code
section 3700 which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the
Work on this Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of any
City ordinance or policy or in violation of any California law, including under Government
Code section 1090 et seq. and under the Political Reform Act as set forth in Government
Code section 81000 et seq. and its accompanying regulations. No officer, official,
employee, consultant, or other agent of the City (“City Representative”) may have,
maintain, or acquire a “financial interest” in the Contract, as that term is defined under the
Political Reform Act (Government Code section 81000, et seq., and regulations
promulgated thereunder); or under Government Code section 1090, et seq.; or in violation
of any City ordinance or policy while serving as a City Representative or for one year
thereafter. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and
will have control of the Work and the means and methods by which it is performed. Contractor
and its Subcontractors are not employees of City and are not entitled to participate in any health,
retirement, or any other employee benefits from City.
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McClellan Ranch West Parking Lot Improvement CONTRACT
Project No. 2017-05 Page 24
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents
must be made in writing, signed, dated and sent to the other party by personal delivery,
U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file.
Notice is deemed effective upon delivery unless otherwise specified. Notice for each party
must be given as follows:
City:
Name: City of Cupertino
Address: 10300 Torre Avenue
City/State/Zip: Cupertino, CA 95014
Phone: (408) 777-3354
Email: AlexA@cupertino.org
Copy to: PWinvoices@cupertino.org
Contractor:
Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations
under this Contract, in part or in whole, without City’s written consent. This
Contract is binding on Contractor’s and City’s lawful heirs, successors and
permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this
Contract except as expressly provided in the General Conditions or Special
Conditions.
12.3 Governing Law and Venue. This Contract will be governed by California law and
venue will be in the Superior Court of Santa Clara County, and no other place.
12.4 Amendment. No amendment or modification of this Contract will be binding
unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein,
including authorized amendments or Change Orders thereto, constitute the final,
complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents, or portion of a provision,
is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract Documents will remain in full force and effect.
12.7 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If Contractor is a corporation, signatures from two officers of
the corporation are required pursuant to California Corporation Code section 313.
[Signatures are on the following page.]
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McClellan Ranch West Parking Lot Improvement CONTRACT
Project No. 2017-05 Page 25
The parties agree to this Contract as witnessed by the signatures below:
CONTRACTOR
______________________________ CITY OF CUPERTINO
A Municipal Corporation
By By ___________________________
Name_______________________ Timm Borden
Title Director of Public Works
Date _______________________ Date________________________
By
Name_______________________
Title ________________________
Date _______________________
APPROVED AS TO FORM:
By ____________________________
Name__________________________
City Attorney
Date___________________________
ATTEST:
_____________________________
Grace Schmidt
City Clerk
Date____________________________
Contract Amount: _________________
P.O. No. ________________________
Account No. _____________________
END OF CONTRACT
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3018 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:9/13/2017 City Council
On agenda:Final action:10/16/2018
Title:Subject: Consider adopting the resolution establishing a policy for accepting sponsorships
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution: Sponsorship Policy
B - Sample Sponsorship Application Template
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Consider adopting the resolution establishing a policy for accepting sponsorships
Adopt Resolution No. 18-101 establishing a policy for accepting sponsorships (Attachment A)
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
powered by Legistar™98
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 16, 2018
Subject
Consider adopting the resolution establishing a policy for accepting sponsorships.
Recommended Action
Adopt Resolution No. 18-____ establishing a policy for accepting sponsorships
(Attachment A).
Background
The City has been approached by individuals, organizations, and companies interested
in sponsoring City events and services. Currently, there are no formal guidelines for City
staff to follow when handling these requests.
Discussion
Sponsorship arrangements enhance events that include new and innovative ideas
making them more successful and better attended. They also add value to programs and
events by bringing partners to the table to provide funding and volunteer support. In
addition, these arrangements can provide promotional opportunities for local businesses
that strengthen relationships with the City while supporting a vibrant business
community. The Sponsorship Policy will provide the framework to move forwar d with
these potential relationships.
Staff drafted the policy after reviewing example policies from other cities and in
consultation with the City Attorney’s Office. Consistent with the existing Donation
Policy, it is proposed that the authority to approve and execute agreements up to $25,000
would be delegated to the City Manager while department heads will be authorized for
up to $10,000. Guidelines outlined in the policy will ensure that sponsorship agreements
are considered in a fair and impartial manner while also maintaining the City’s mission,
values, and policies.
For these reasons, staff recommends that Council approve the draft resolution to establish
the Sponsorship Policy.
Sustainability Impact
None anticipated.
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Fiscal Impact
Sponsorships would allow for additional funding and resources for the City to utilize to
enhance services and events.
_____________________________________
Prepared by: Katy Nomura, Senior Management Analyst
Reviewed by: Jacqueline Guzman, Deputy City Manager; Jeff Milkes, Director of
Recreation and Community Services
Approved for Submission by: Amy Chan, Acting City Manager
Attachments:
A – Draft Resolution: Sponsorship Policy
B – Sample Sponsorship Application Template
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ATTACHMENT A
1
RESOLUTION NO.18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING A POLICY FOR ACCEPTING SPONSORSHIPS
WHEREAS, the City of Cupertino is empowered by state law to accept or reject any
donation, gift, bequest, or devise made to or for the City, consistent with California
Government Code section 37354; and
WHEREAS, the purpose of the sponsorship policy is to lessen the impacts on the City
funds for community events, provide opportunities for new revenue streams to support and
enhance services and programs, and to establish new partnerships with local businesses and
organizations; and
WHEREAS, the Cupertino City Council recognizes the numerous contributions made
by individuals and organizations to the City – both in cash, in kind or involvement in a
particular public event, program, or activity; furthermore the City Council wishes to encourage
this form of civic participation in city affairs and to have the opportunity to recognize sponsors
for their contributions to the wellbeing of the City and its residents; and
WHEREAS, the City Council desires to establish a City policy for sponsorships to ensure
consistency with the values and interests of the City and to make sure there is clarity to
potential sponsors, the general public, and city staff concerning the Council’s goals and policies
respecting sponsorships; and
WHEREAS, this Resolution and Policy only apply to contributions made to the City of
Cupertino as a municipal corporation, and
WHEREAS, the Cupertino City Council finds and determines that the above recitals are
true and correct and material to the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby adopts and approves the attached Sponsorship Policy as the official sponsorship policy
of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this ____ day of October, 2018, by the following vote:
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ATTACHMENT A
2
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
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ATTACHMENT A
3
CITY OF CUPERTINO
SPONSORSHIP POLICY
PURPOSE
The purpose of the City’s sponsorship policy is to maximize community resources, promote
public engagement in city affairs, and support the financial health of city departments.
Therefore the City wishes to create and enhance sponsorship relationships with businesses,
non-profit groups and individuals who desire to support city activities through sponsorship
opportunities. This policy sets guidelines and procedures regarding the qualifications,
responsibilities, and requirements for city staff and participating sponsors.
DEFINITIONS
Sponsorship: A financial or in-kind support such as cash, products, services, or involvement
from a private individual, entity or other source, for a specific program, project, event or
activity in return for benefits to the sponsor. Sponsorship may be offered through various
sponsorship packages.
Sponsorship Agreement: An agreement between City and Sponsor identifying the program,
project or activity being sponsored, the tangible or intangible benefits to the sponsor, and
other relevant terms and conditions agreed to by the Parties.
Sponsorship Benefits: Tangible or intangible benefits received by the sponsor such as
marketing opportunities for their products, name association/recognition, and other
allowable benefits as approved by City. This may include opportunities given to the sponsor
to have its name/logo appear on City property, printed material or verbal recognition in
public for a specified period of time, formalized in a sponsorship application or agreement.
SPONSORSHIP ELIGIBILITY
The following factors and guidelines must be used in determining the qualifications of a
sponsor:
1. The sponsors should be businesses, non-profits, or individuals promoting mutually
beneficial relationships with the City of Cupertino.
2. All sponsored programs should promote the goals and mission of the City of Cupertino
and must be consistent with City policies and regulations.
3. The products/ services are compatible with the mission and values of the City.
4. The sponsorship enhances the Department’s priorities, programs and core services.
5. The sponsorship meets City design standards and does not degrade the experience of
users of city parks and recreation facilities (for sponsorships involving these city assets).
6. The sponsorship does not commit the department to additional operating and
maintenance responsibilities and costs greater than the value of the sponsorship.
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ATTACHMENT A
4
7. The sponsorship does not create a conflict of interest for the City.
8. The sponsorship is allowed by law and the sponsor complies with anti-discrimination
laws and does not discrimination based on race, color, religion, sex, g ender, gender
identity, gender expression, sexual orientation, marital status, national origin, ancestry,
mental or physical disability, medical condition, age, pregnancy, denial of medical and
family care leave and pregnancy. Sponsorships that are generally not eligible for
participation include those whose primary objectives, products, or services consist of the
following:
a. Religious and political organizations.
b. Organizations in direct competition with City services or products.
c. Sponsorships which create a conflict of interest or the appearance of a conflict
of interest.
d. Products that are substantially derived from the sale of alcohol, drugs, tobacco,
gambling, firearms, or sexually explicit materials.
9. No advertising or sponsorship recognition will be allowed on City clothing unless the
clothing is designed for a specific event or program that has a specific time frame.
REQUIREMENTS FOR SPONSORS
Sponsors must comply with the following requirements:
1. Submit a sponsorship application or a sponsorship letter of interest to City.
2. Upon approval of the application, for sponsorships valued at more than $500, enter into a
sponsorship agreement with City, including a release and hold harmless clause.
3. Agree not to use, reproduce or distribute the City’s logo, seal, or trademark without City’s
written consent.
4. Obtain and maintain during the term of their agreement, all appropriate permits,
certificates and licenses, at his/her sole expense. For example, sponsors providing food
must obtain all necessary health permits.
CITY STAFF RESPONSIBILITIES
It is the responsibility of Department Heads, supervisors, and staff to follow this policy.
1. For sponsorships of less than $500 in value, a sponsorship agreement is not required but
an application or letter documenting the sponsorship must be received with the approval
of the Department Head or his/her designee. For all other sponsorships, designated staff
from each department must use the City’s standard sponsorship agreement with any
necessary modifications as determined by department supervisor/manager, consistent
with the guidelines set forth in this policy.
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ATTACHMENT A
5
2. Department Heads may approve sponsorships and sign agreements for up to $10,000. The
City Manager is authorized to sign agreements up to $25,000. All other sponsorships
valued over $25,000 must be approved by the City Council. All sponsorships involving
funds must be reported to the Finance Department.
DISCLAIMERS
This policy, procedures and approval of any sponsorship agreement is subject to the
following disclaimers:
1. City retains full authority and control of its facilities, events, programs, or activities.
2. Apart from what is outlined in the sponsorship agreement, Sponsors will not receive any
other special considerations from the City.
3. Acceptance of a sponsorship does not imply endorsement of any individual, entity,
company, organization, or product by the City.
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CUPERTINO RECREATION & COMMUNITY SERVICES | 408 -777-3120 | WWW.CUPERTINO.ORG
17-3018 - B - SAMPLE SPONSORSHIP APPLICATION
TEMPLATE
ATTACHMENT B
SPONSOR INFORMATION
Company: ______________________________________________________ Website: _________________________
Contact Name: _____________________________________ Email: _______________________________________
Address: _________________________________________________________________________________________
City: ______________________________State: _____ Zip: __________ Phone: ____________________________
Entity Type: Sole Proprietor Partnership Corporation (Type: ______________)
NonProfit: (Type: _____________) Trust Other: _________________
EVENT INFORMATION
Event Name: Event Date(s):
Event Description:
SPONSORSHIP OPP ORTUNITIES
[This is where the conditions of the sponsorship including benefits to the City and recognition of the sponsor will be
outlined.]
PAYMENT INFORMATION
Check (Make Payable to: City of Cupertino) AMEX Discover Master Card Visa
CC #: ___________________________ CVC:___________ Expiration: ______/______ Amount: $___________
Cardholder Name:________________________________ Cardholder Signature:____________________________
TERMS AND CONDITIONS
1. The Sponsor has reviewed and agrees to be bound by those procedures, limitations, and restrictions
identified in the City's Sponsorship Policy.
2. All sponsorships greater than $500 must complete the required City of Cupertino Sponsorship
Agreement. (Separate Document)
3. The sponsor may not receive exclusive rights to benefits unless approved by the Department Head.
4. Sponsor agrees, to the fullest extent allowed by law, to indemnify, defend, and hold harmless the City,
and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of
106
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees
and costs of litigation (“claims”), arising out of the Sponsorship or Sponsor’s performance of this
Application and/or Agreement, including the City’s active or passive negligence, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. In the event the City
indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from this
Sponsorship or Sponsor’s performance of this agreement, Sponsor shall provide a defense to the City
indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including
reasonable legal counsels’ fees, incurred in defense of such claims. This duty extends to any claim for
violation of intellectual property rights, including but not limited to copyright or patent rights.
5. To the extent applicable, Sponsor is is required to comply with the City’s event permitting
requirements, including the insurance requirements stated therein.
Name: ___________________________________________ Title: __________________________________________
Signature: __________________________________________________________ Date: ________________________
CUPERTINO STAFF USE ONLY (FOR SPONSORSHIPS N OT REQUIR ING A SPONSORSHIP AG REEMENT)
Status: Approved Denied
Reason for Denial:
Special Requirements:
Reviewed by:
Staff Name:_______________________________________________ Title:________________________________
Signature: ________________________________________________ Date: _______________________________
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4461 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:10/4/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Budget Adjustment to proceed with a Request for Proposals for architectural services for a
New City Hall, an Interim City Hall and to add one 3-year Limited Term Project Manager
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Civic Center Master Plan Background
B - Draft Resolution
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Budget Adjustment to proceed with a Request for Proposals for architectural services
for a New City Hall, an Interim City Hall and to add one 3-year Limited Term Project Manager
Staff recommends Council adopt Resolution No. 18-102 approving a Budget Adjustment for
the amount of $6,175,000:
1. $5,500,000 for architectural design services for a New City Hall, funded by the Capital
Reserve, and:
2. $500,000 for architectural design and other services as needed for the Interim City Hall,
funded by the Capital Reserve, and;
3. $87,500 to add one 3-year Limited Term Project Manager in the Department of Public
Works, funded by the General Fund
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
powered by Legistar™108
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 16, 2018
Subject
Budget Adjustment to proceed with a Request for Proposals for architectural services
for a New City Hall, an Interim City Hall, and to add one 3-Year Limited Term Project
Manager
Recommended Action
Staff recommends Council adopt Resolution No. 18-XXX amending FY 18/19 Operating
Budget to appropriate $6,175,000 to Public Works, as follows:
1. $5,500,000 for architectural design services for a New City Hall, funded by the
Capital Reserve, and;
2. $500,000 for architectural design and other services as needed for the Interim City
Hall, funded by the Capital Reserve, and;
3. $87,500 to add one 3-year Limited Term Project Manager in the Department of
Public Works, funded by the General Fund
Vallco Town Center Background
On September 19, 2018, the Cupertino City Council adopted the Vallco Town Center
Specific Plan including resolutions to certify the E nvironmental Impact Report and
associated General Plan Amendments. In addition, the City Council introduced and
conducted the first reading to adopt a Development Agreement (DA) between the City
and Vallco Property Owner LLC (Developer), as well as introduced and conducted the
first reading for ordinances to amend the Municipal Code and the Zoning Map. On
October 2, 2018, the Cupertino City Council conducted the second readings and adopted
the DA and amended the Municipal Code and the Zoning Map. Although the DA will
not be effective until November 2, the schedule for the New City Hall and Interim City
Hall designs are on a very aggressive schedule and by proceeding at this time, Requests
for Proposals for both efforts will be able to be issued in November.
The DA includes a number of community benefits for the City if the Developer chooses
to construct a project on the site that conforms to the Tier 2 option established in the
Specific Plan. One of the community benefits included in the Development Agreement is
a one-time payment of $30,000,000 from the Developer to the City (In -Lieu Payment), or
for the Developer to construct a core and warm shell building for a New City Hall,
conforming to the preferred alternative from the Civic Center Master Plan (a background
of the Civic Center Master Plan, and a chronology of related actions is provided as
Attachment A). The City may accept the In-Lieu Payment at its discretion at any time
109
prior to the Developer’s contracting with a general contractor for the work or
commencement of construction of the New City Hall. If the City elects to receive the In-
Lieu Payment, the Developer would pay the full amount prior to issuance of occupancy
for the first office building. The core and warm shell will be for a 40,000 square foot, two
story building, built to Essential Facility standards, including approximately 118 parking
stalls one-level underground garage, and associated site work in the construction area .
Although the Developer’s obligation under the DA for the New City Hall is to construct
a core and warm shell building that has been fully designed and permitted by the City,
this budget request includes a scope for the full design of the project, including the design
of tenant improvements that are the City’s financial and construction obligation.
Timing of Developer’s Commitment to New City Hall Construction
If Developer commences construction or installation of “Project Specific Work” for the SB
35 Project, then Developer shall pay City within 30 days following City’s demand therefor
an amount equal to 50% of the reasonable out-of-pocket costs and expenses incurred by
City in connection with the design and planning for the New City Hall, not to exceed
Three Million Dollars ($3,000,000).
“Project Specific Work” is defined as work that is specific to either the SB 35 Project, a
Tier 1 development project, or the Tier 2 Project under the Development Agreement,
contemplated to be work beyond the Project Neutral Work. This would most notably be
work associated with a building permit, such as a foundation permit or other construction
associated with vertical infrastructure.
“Project Neutral Work”, as defined in the DA, includes demolition, rough grading, make-
ready utility work, offsite work, excavation and shoring, and such other work as the
parties may mutually agree is Project Neutral Work.
Developer’s Scope of Work for Core and Warm Shell Building
As part of the core and warm shell construction to be d elivered by the Developer, the
following items will be included:
Concrete one level parking garage with shotcrete walls included and furnished
with code minimum fire sprinkler system, fire alarm system and lighting.
The New City Hall building will be core and shell (warm shell box) where the box
will consist of building envelope and roof.
Mechanical units will be provided on the roof and will be stubbed into the building
for distribution under tenant improvement scope performed by City.
All utilities, including fire stand pipes, will be stubbed in to the building and will
be distributed as part of the tenant improvement work.
Electrical panels will be provided and electrical services will be brought from the
existing transformer connection location point into the building to a location to be
shown in the construction drawings.
110
The exterior envelope will be either wood frame with stucco and glass windows
or metal stud framing with stucco and glass windows.
The building will be designed to Essential Facility seismic codes.
Store front doors will be provided. All exterior doors and hardware will be
provided.
All utility connections from the existing connection points to be brought into the
building to a location to be shown in the construction drawings.
The site work in the construction zone is included to have standard landscaping
with irrigation and the parking lot to be asphalt, and concrete sidewalks
commensurate with existing improvements. Any damage will be restored to
original state.
The civil and structural portions of the building will be designed by the City to
LEED Silver.
Roofing will be an industry standard roofing material.
Roof will be designed and built to allow for solar panels to be installed by the City.
The City’s obligations for the New City Hall project, as identified in the DA are the
following:
City will be responsible for designing, preparing construction documents and
obtaining all necessary discretionary approvals and building permits for the New
City Hall.
The target budget (not including Design Deviations) for the work to be completed
by the Developer for the core and warm shell New City Hall, consistent with the
criteria established in the Civic Center Master Plan, assuming commencement of
construction within 24 months, is Thirty One Million Dollars ($31,000,000)
City will commence design work within 30 days following the effective date of the
Development Agreement for the Tier 2 Vallco Town Center Specific Plan (Effective
Date). Thereafter, City will diligently proceed with any discretionary and
ministerial approvals for the New City Hall, including any required architectural
approvals, preparation of construction documents and permitting, including
demolition, tree removal, make-ready utilities, excavation and building permits.
The City shall complete all approvals and acquire permits for the New City Hall
within 21 months of the Effective Date, subject to extensions that may occur per
the DA.
In order to allow for Developer’s timely construction of the New City Hall, City
shall vacate the Existing City Hall and deliver possession of the Existing City Hall
site to Developer for construction within 24 months of the Effective Date, subject
to extensions that may occur per the DA.
If the City does not meet the above scheduled deadline, the Developer has the
option to provide the In-Lieu Payment to the City instead of constructing the New
City Hall.
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If Developer elects to proceed with development of the Tier 2 of the Vallco Town Center
Specific Plan, the Developer shall complete the New City Hall core and shell construction
and deliver a Warm Shell New City Hall to the City within thirty six (36) months after
the date that the City provided the approved building permits and relinquished the site
to the Developer.
If the City’s construction plans, specifications and drawings for the New City Hall deviate
from the New City Hall Criteria and the deviations increase the cost to construct the New
City Hall, the Developer will pay the cost of the design deviations not to exceed Four
Million Dollars ($4,000,000). Any design deviations that increase the New City Hall costs
above the deviation cost allowance will be the responsibility of the City.
Interim City Hall
Staff will begin to monitor and assess the potential and likely cost to acquire sufficient
building lease space for City Hall staff relocation for the potential 4-5 year period that the
warm shell and tenant improvements are being constructed. Possibilities of moving City
Hall staff to two or more lease spaces will also be considered. However, in the event that
sufficient lease space will not be available when the relocation is to occur, staff will need
to begin to design and estimate the cost of locating portable buildings, providing
temporary utilities, and constructing parking on the Library Field. This design will need
to begin early in order to be able to impleme nt the relocation of City without delay if
necessary, but the effort would be abandoned if offsite lease space is able to be acquired
and the City Council directs staff to do so. More information and a cost comparison will
be brought to the City Council by early spring, 2019.
City Financial Obligations for New City Hall Delivery
Along with the budget adjustments recommended in this report, the City will be
responsible for either the construction of the Interim City Hall in portables on Library
Field, very roughly estimated at $5 million, and the operations and maintenance of those
facilities for approximately five years, or the lease cost for five years if the City is able to
secure sufficient space at the needed time. For example, if 24,000 square feet of lease space
is secured at the current market rate of about $4.60/sf, then the lease will cost the City
approximately $6,600,000 over the five years. Additionally for either option, the cost for
staff and equipment relocations to the Interim City Hall would be necessary, as would
the cost to relocate back into the New City Hall.
The City will also be responsible for tenant improvements once the Developer has
completed the core and warm shell structure. Assuming $400-$500 per square foot for
tenant improvements (based on approximate rates for similar improvements in
comparable buildings) to the 40,000 square foot building, the tenant improvement costs
could be in the range of $16-$20 million.
112
Although without any plans to estimate at this time, the total cost for the project, from
beginning of design until move-in, would be:
Design of New City Hall $ 5,500,000
Design of Interim City Hall $ 500,000
Construction of Interim City Hall $ 5,000,000
Construction of Tenant Improvements $15-20,000,000
City Cost Subtotal $26-31 million
Developer’s core and warm shell $ 31 million
Total Project Cost $57-62 million
Total, all-inclusive estimate with contingencies, as presented to the City Council in
February 2018, was $69,150,000. So roughly, the Developer’s construction of the core and
warm shell has reduced the estimate by $8-13 million, on top of the $31 million
construction that will be funded and constructed by the Developer.
There are also savings that can be expected to offset some of this cost. A study session to
discuss the Citywide building condition assessment project is scheduled for November
5th. At this study session, City Hall will be described as requiring up to $13 million of
expenditures over the next 10 years. These expenditures will be necessary to keep the
building from failing. These expenditures would not be required upon the decision to
proceed with the New City Hall project.
Although the proposed New City Hall is approximately 50% larger than the current
building, future operating and maintenance cost of the building will likely be roughly
similar due to many energy and water-use efficiencies, modern technologies, and an
overall LEED rating of at least Silver.
Add One 3-Year Limited Term Project Manager
In order to manage this effort and ensure that schedules are met and that the designs of
the Interim City Hall and the New City Hall meet the needs of the City, additional
resources are necessary. One additional Project Manager is recommended to be added to
the Public Works Department for a term of three years. This Project Manager may work
on the City Hall projects, or they may work on more routine CIP projects to allow more
experienced staff to work on the City Hall projects. The total estimate cost for this position
is $525,000 for the full three years. As an alternative, staff considered bringing on a Project
Manager consultant, which for one person for three years billed at approximately
$250/hour would cost $1,560,000.
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Schedule
Below is the schedule that would be necessary in order to meet deadlines in the DA:
Date Activity
October 16, 2018 Council approves budget appropriation to conduct RFP for Design Services
November 2, 2018 Effective Date of the Development Agreement
November 5, 2018
Request for Proposals for Design Services for the Interim City Hall project
utilizing On-Call consultant list
November 27, 2018 Issue Design RFQ for New City Hall
December 4, 2018 Council Approval of Design Services Agreement - Interim City Hall
January 7, 2019 Start Design Interim City Hall
April 2, 2019
Council Approval of Design Consultant and Study Session Review of City Hall
Concepts from Civic Center Master Plan and review of Interim City Hall
Options
June 5, 2019 Community Meeting No. 1
June 30, 2019 Conceptual Design Complete
July 12, 2019 Construction Documents Complete - Interim City Hall Project
July 26, 2019 Building Permit Approval Interim City Hall
August 21, 2019 Advertise Interim City Hall Project
September 17, 2019 Bid Opening - Interim City Hall project
September 30, 2019 Schematic Design Complete
October 15, 2019 Award Interim City Hall project and Study Session on Schematic Design
November 15, 2019 Contract Executed - Interim City Hall project
December 4, 2019 Community Meeting No. 2
December 30, 2019 Design Development Complete for City Council Review
January 2, 2020 Start Construction - Interim City Hall project
January 7, 2020 City Council Review of Design Development – Study Session
April 30, 2020 Construction Documents Complete
June 30, 2020 Building Permit Approval anticipated
August 2, 2020 City Hall Approval Deadline (ie Building Permit approvals)
September 1, 2020 Interim City Complete, receive Occupancy permit
September 15 -
October 15, 2020 Transition staff to Interim City Hall
November 2, 2020 Current City Hall is completely vacated
April 1, 2023 Award City Hall T.I. project
August 9, 2023 City begins Tenant Improvements
May 1, 2025 City Hall Complete, Opening Ceremony
LEGEND
Interim City Hall
Deadlines identified in the Development Agreement
New City Hall
Bold City Council Approvals/Actions
In addition to the above schedule, there will be at least monthly progress reports
provided to the City Council and the public.
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Sustainability
The New City Hall, per the Civic Center Master Plan and the Vallco Town Center DA,
will be at least LEED Silver rated facility.
Fiscal Impact
Costs related to the approval of this item total $6.175 million dollars. The City’s Capital
Reserve Fund 429 currently has an available fund balance of approximately $10 million
dollars and is expected to end fiscal year 2018-19 with an additional $6 million dollars for
a total available fund balance of $16 million dollars. As part of another Item on this
agenda, Staff is also recommending to de-fund approximately $4.425 million from the
approved 2018-19 Capital Improvement Program (CIP) Budget. If approved, this would
make the fund balance approximately $20.4 million. Staff recommends using the Capital
Reserve to fund architectural services of $6 million dollars, leaving either $10 million
dollars in available fund balance, or $14.4 million if the CIP deferrals are approved on
this agenda.
The fiscal impact to add one 3-Year Limited Term Project Manager position for FY 18/19
will be $87,500. Ongoing costs will be $175,000 in FY 19/20 and FY 20/21 and $87,500 in
FY 21/22, to be funded by the General Fund.
_____________________________________
Prepared by: Timm Borden, Director of Public Works Department
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
Attachment A - Civic Center Master Plan Background
Attachment B – Draft Resolution
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Attachment A
Civic Center Master Plan Background
In July, 2015 the City Council adopted the Civic Center Master Plan (CCMP), with a
preferred alternative that included a new 40,000 square foot City Hall with an
Emergency Operations Center and basement level parking to accommodate
approximately 118 vehicles. The City Council also adopted a Mitigated Negative
Declaration and the Initial Study.
In August 2015, Council considered whether to fund an architectural services
agreement. Council did not approve the architectural services agreement in the amount
of $5.5 million (included the “perch” addition to the library) and directed staff to
provide more information on financing options for implementing the master plan. In
October, 2015 Council received the Report on Lease Financing which was considered
and discussed by Council in November 2015. Council directed staff to 1) explore
options for a maximum cost of $40 million (financed plus cash). 2) explore options of
leasing 40,000 square feet, and 3) explore possibility of building the proposed project for
half the cost. In December 2015, staff reported to Council that it was not possible to
build the project for a maximum of $40 million.
At the Work Program study session on February 20, 2018, the City Council indicated that
they were not in favor of moving forward with the design of a new city hall at that time,
and instead directed staff to continue to evaluate alternative construction an d finance
mechanisms to reduce the overall cost of the Civic Center Master Plan implementation.
The total cost estimate of $69,150,000, was all inclusive of construction costs, demolition
and removal of existing building, design, City staff cost, testing and inspection,
construction management, community outreach, relocation, lease, and furniture, fixtures
and equipment. This compares to a total project cost, as currently proposed, of
approximately $57-62 million, of which the Developer is responsible for $31 million,
leaving the City’s total cost at $26-31 million.
Total, all-inclusive estimate with contingencies, as presented to the City Council in
February 2018, was $69,150,000. So roughly, the Developer’s construction of the core and
warm shell has reduced the estimate by $8-13 million, on top of the $31 million
construction that will be funded and constructed by the Developer.
On April 3, 2018, the City Council considered a major renovation of City Hall, however
did not pursue that option and directed staff to spend 5-7 months to explore other
designs/general concepts for a New City Hall and to look at other potential cost saving
solutions, still preserving the new 40,000 square foot building as the preferred alternative.
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Attachment A
The CCMP called for the design to meet the following criteria:
Complement that of the Library and Community Hall and to project the
Cupertino Civic Center as a locus of civic pride with enhanced civic identity and
public interface that greatly improves the experience of the place; the
architectural expression will represent the City’s contemporary civic identity and
express the community’s civic values of open engagement with the government.
Accommodate staff of up to 102;
Include an Emergency Operations Center function;
Include a public service center for permits, licenses and other business
transactions;
Provide adequate meeting space for staff to conduct city business, and allow for
flexible scheduling for evening and weekend use by the public;
Provide larger meeting and program space for public activities and events
during mid-week and weekend days and evenings;
Design the building with high sustainability goals including to meet at least the
LEED Silver standard and the Cupertino Climate Action Plan, with resource
efficient systems that reduce consumption and minimize building maintenance
costs.
The current city hall building, as indicated to the City Council in April of this year, has
the following deficiencies that would require approximately $21 million just for the
remodel:
Building does not meet existing Life Safety building codes, much less Essential
Facility code to support EOC.
Building can be braced to meet seismic requirements.
Heavy tile roof
Electrical Service and distribution systems are at end of useful life, at capacity
and need full replacement. Parts not available.
1960’s era boiler and emergency generator need replacement.
Generator should not be within building. Parts not available.
Air handler, boiler, chiller equipment needs replacement. HVAC controls out-
dated and do not work properly. Parts not available.
Communication and data systems will be difficult to maintain over time due to
age and capacities.
Building configuration is inefficient and non-compliant
ADA accessibility issues with toilet rooms and elevator
Employees lack work and meeting space
EOC and Lobby spaces inefficient
Interior doors and finishes need updates and replacements
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Attachment A
Abundant walled offices create inefficiencies and reduce natural lighting
Building is energy inefficient
Building envelop needs insulation and better energy windows.
Building is space inefficient
Building space remodel likely to gain 10-15% in usable office space.
A study session to discuss the Citywide building condition assessment project is
scheduled for November 5th. At this study session, City Hall will be described as
requiring up to $13 million of expenditures over the next 10 years. These expenditures
will be necessary to keep the building from failing.
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Attachment B
1
RESOLUTION NO. 18-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING FY18/19 ANNUAL OPERATING BUDGET TO APPROPRIATE $5,500,000
TO PUBLIC WORKS TO CONDUCT A REQUEST FOR PROPOSALS FOR
ARCHITECTURAL DESIGN SERVICES FOR THE DESIGN OF A NEW CITY HALL,
$500,000 TO CONDUCT A REQUEST FOR PROPOSALS FOR ARCHITECTURAL
DESIGN SERVICES AND OTHER SERVICES AS NECESSARY FOR THE DESIGN OF
AN INTERIM CITY HALL, AND $525,000 TO ACQUIRE ONE 3-YEAR LIMITED
TERM PROJECT MANAGER TO ASSIST IN DELIVERING THE NEW CITY HALL,
INTERIM CITY HALL, AND OTHER PRIORITY CAPITAL IMPROVEMENT
PROJECTS
WHEREAS, the City of Cupertino (City), a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California
(City) is authorized to request proposals and to enter into contracts on its behalf and for
the benefit of the City; and
WHEREAS, the City Council, in July 2015, approved a Civic Center Master Plan that
included a preferred alternative for a New City Hall that consisted of a 40,000 square
building and approximately 118 below ground parking spaces; and
WHEREAS, the New City Hall design has not moved forward until now due to concerns
about the estimated cost for the project; and
WHEREAS, on October 2, 2018, the City Council conducted the second reading
approving the Vallco Town Center Specific Plan and Development Agreement, which
included a provision for the developer to construct a core and warm shell of a New City
Hall (which would likely save the City at least $31 million on the project ), or to provide
the City with a payment of $30,000,000 in-lieu of constructing a New City Hall; and
WHEREAS, under the approved Development Agreement, the City is obligated to
provide the design and construction drawings for the building; and
WHEREAS, the City desires to hire a consultant for professional services to provide
architectural design services for the New City Hall; and
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Attachment B
2
WHEREAS, the Development Agreement obligates the City to vacate the existing City
Hall as early as twenty four (24) months from the effective date of the Development
Agreement (November 2, 2020) ; and
WHEREAS, because it is not known at this time if the City will be able to acquire sufficient
off-site leased building space for an Interim City Hall, City will need to design an Interim
City Hall in portable buildings on Library Field to be prepared for the possibility that
lease space is not available; and
WHEREAS, to provide sufficient City resources to meet the schedule for the design and
construction of the New City and design of the Interim City Hall, one additional limited
term project manager is necessary to augment existing staff ;
NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS:
The FY 18/19 Operating Budget is amended to appropriate a total of $6,175,000, which
includes:
1. $5,500,000 for architectural design services for a new City Hall, funded by the
Capital Reserve, and;
2. $500,000 for architectural design and other services as needed for the interim City
Hall, funded by the Capital Reserve, and;
3. $87,500 to add one 3-year Limited Term Project Manager in the Department of
Public Works to assist in delivering the new City Hall, interim City Hall, and other
priority capital improvement projects, funded by the General Fund.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
120
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4462 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:10/4/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Budget Adjustment to proceed with Request for Proposals for a market and operations
feasibility study for a Performing Arts Center
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Development Agreement Excerpt
B - Draft Resolution
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Budget Adjustment to proceed with Request for Proposals for a market and operations
feasibility study for a Performing Arts Center
1. Adopt Resolution No. 18-103 approving a Budget Adjustment in the amount of $200,000 in
the General Fund to complete a market and operations feasibility study for a performing art
center; and
2. Authorize staff to hire a consultant for a contract amount not to exceed $200,000 to complete
a market and operations feasibility study for a performing art center
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
powered by Legistar™121
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 16, 2018
Subject
Budget Adjustment to proceed with a Request for Proposals for a market and
operations feasibility study for a Performing Arts Center
Recommended Action
Staff recommends Council take the following actions:
1.Adopt Resolution No. 18-XXX amending FY 18/19 Operating Budget to
appropriate $200,000 from the General Fund to complete a market and operations
feasibility study for a Performing Arts Center; and
2.Authorize staff to hire a consultant for a contract amount not to exceed $200,000 to
complete a market and operations feasibility study for a Performing Arts Center
Background
On September 19, 2018, the Cupertino City Council adopted the Vallco Town Center
Specific Plan including resolutions to certify the E nvironmental Impact Report and
associated General Plan Amendments. In addition, the City Council introduced and
conducted the first reading to adopt a Development Agreement between the City and
Vallco Property Owner LLC, as well as introduced and conducted the first reading for
ordinances to amend the Municipal Code and the Zoning Map. On October 2, 2018, the
Cupertino City Council conducted the second readings and adopted the DA and
amended the Municipal Code and the Zoning Map.
The Development Agreement includes a number of community benefits for the City if
the Developer chooses to construct a project on the site that conforms to the Tier 2 option
established in the Specific Plan. One of the community benefits proposed in the
Development Agreement is the option for City Council to accept either a ‘core and warm
shell’ for a 60,000 square foot Performing Arts Center (PAC) that would be constructed
by the Developer on the Town Center property, or a one-time payment to the City in a
total amount of $22,800,000 (PAC In Lieu Payment). The Development Agreement
further stipulates that the City would begin, within 90-days after the effective date of the
agreement, a feasibility study for the Performing Arts Center. Based on the feasibility
study, the City may elect to either receive t he PAC In Lieu Payment or proceed with
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design and construction of the PAC. To proceed with construction of the PAC, the City
must approve the Vallco Master Site Development Permit with the PAC included in the
permit. If the City approves the Vallco Master Site Development Permit without the PAC
included in the design, then the Developer shall pay to the City the PAC In Lieu Payment.
The PAC In Lieu Payment shall be paid to the City prior to issuance of the certificate of
occupancy for the last office building.
A feasibility study will analyze existing performing arts center spaces in west Santa Clara
County and surrounding communities, alongside market and industry trends and other
factors to determine whether a new facility of the size proposed is feasi ble and could be
successful in this market, what expected tenant improvement costs would be for the
City’s funding obligation, and what annual operating costs could be expected. The study
will aid the City Council in making a choice between the two options (PAC or PAC In
Lieu Payment). Key considerations that will be analyzed in the study are:
Economic, Demographic and Destination Market Analysis
Performing Arts Center Trends
Review of Financial and Programmatic Performances of Existing Performing Arts
Centers
Analysis of Comparable and Competitive Facilities
Potential Joint Use Opportunities
Demand Projections
Financial Projections
Cost Estimates for Completion of Tenant Improvements
Expected annual operating costs
Next Steps
Public Works will initiate a Request for Qualifications (RFQ) for a market and
operations feasibility study; will review the submittals and choose a qualified
consultant and will begin the study.
Schedule
Date Activity
November 2018 Post Request For Qualifications
January 2018 Choose Qualified Consultant and Execute Contract
February-June 2019 Prepare the Market and Operations Feasibility Study
June 2019 Present the Market and Operations Feasibility Study to
City Council.
Sustainability
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There are no negative effects from this action. The study will analyze the market
demand, economic impact, estimate of required tenant improvements, and annual
operating cost for a 60,000 square foot Performing Arts Center at the Town Center
property.
Fiscal Impact
To complete a market and operation feasibility study for a Performing Arts Center at
the Vallco Town Center property, the FY 18/19 Operating Budget needs to be amended
to appropriate $200,000 to Public Works Capital Improvement Program operating
account. This additional appropriation will be funded from the Capital Reserve Fund
429. Current year end projections for this fund anticipate the fund will end the year
with $13 million in unassigned fund balance, the use of $200,000 will reduce that year
end projection to $12.8 million.
_____________________________________
Prepared by: Chad Mosley
Reviewed by: Timm Borden, Director of Public Works Department
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – Excerpt from Development Agreement by and between City of Cupertino
and Vallco Property Owner, LLC – Article 5.1 - Performing Arts Center
B – Draft Resolution
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1
ARTICLE 5
PUBLIC BENEFITS
5.1 Performing Arts Center.
5.1.1 Feasibility Study. Commencing within ninety (90) days after the Effective
Date of this Agreement, City will commence a feasibility study for an approximately 60,000
square foot performing arts center, including 600 seat main auditorium, 200 seat secondary
auditorium, lobby and concession areas, restrooms etc., located in the vicinity of the Town
Square (“PAC”).
5.1.2 Core and Warm Shell. Based on the feasibility study City may elect either
(i) to receive a payment from Developer in the total amount of Twenty Two Million Eight
Hundred Thousand Dollars ($22,800,000) (“PAC In Lieu Payment”), or (ii) for Developer to
construct and deliver to City a Warm Shell (defined below) PAC space which City shall be
responsible for completing and maintaining. If City elects for Developer to build the PAC,
Developer’s obligation is for a maximum of a 60,000 square foot Warm Shell space. The space
would be intended to optimize ability to accommodate a main theater of approximately 600 seats,
a second stage of no more than 200 seats, lobby to host pre-theater events, ticketing space and
food preparation and staging area, and appropriate number of finished restrooms in light of the
size of the facility, among other things. The “Warm Shell” space scope will include (i) an
enclosed box with roof, exterior walls/finishes and floor completed and the exterior envelope to
have Project standard glazing, roofing and exterior exiting doors as required by code; (ii) stub
out of all required utilities at an agreed upon location within the structure, (iii) its own HVAC
units available at plenum for tenant improvement to connect for their distribution; and (iv) a fire
sprinkler stand pipe for the tenant work distribution. The specific requirements for the Warm
Shell scope will be detailed in the three alternative design options described in Section 5.1.3.
Following delivery of the Warm Shell space City shall be responsible for completing all front and
back of house tenant improvements, including theatre seating, and lobby and concession area
fixturization. In addition to the Warm Shell work, Developer shall provide City, at no charge to
City, 150 parking stalls within Retail and Entertainment/Mixed Use District (as defined in the
Specific Plan) and within reasonable proximity to the PAC, which will be subject to project-wide
shared parking strategies, and reasonable relocation from time to time depending on leasing or
operational requirements.
5.1.3 MSDP/Design. The MSDP shall include two scenarios with respect to the
PAC, one that includes a PAC generally located in the Retail District/Phase 1 area, and one that
does not include a PAC. With the submittal of the MSDP, Developer will also provide up to
three (3) alternative design options, including conceptual program lay-outs, for City
consideration concurrently with, but separate from, the review of the MSDP. Within six (6)
months of Developer submittal of the MSDP application, the City shall elect whether to include
the PAC at the location proposed by Developer in the MSDP, or to approve the MSDP without
the PAC.
5.1.4 Cash Election. If City approves the MSDP without the inclusion of a PAC,
then Developer shall pay to City the PAC In Lieu Payment prior to issuance of the certificate of
occupancy for the last office building in the Office/Mixed-Use District which is not Amenity
Office Space, as shown on the MSDP.
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2
5.1.5 Construction of PAC. If City approves the MSDP with the PAC, it shall
also, at that time, elect one of the design alternatives provided by Developer. Developer shall
design and construct the PAC to Warm Shell level of completion together with the associated
parking, in the location shown on the approved MSDP, consistent in all material respects with the
design selected by the City, provided that Developer shall have no obligation to commence
design and construction of the PAC until the Vested Approvals and the approvals for the MSDP
and Master Tentative Map are Final. Developer shall provide a one (1) year warranty for the
Warm Shell PAC space; warranties and guarantees for other systems and components of the PAC
space, including HVAC, will be provided per industry standard.
5.1.6 Delivery. Developer shall deliver to City a completed Warm Shell, PAC and
associated parking as described above, provide City with a complete set of as-built plans and
drawings, and the warranties and guarantees referenced in Section 5.1.5 above, prior to issuance
of a certificate of occupancy for the last building in the Project located west of Wolfe Road. City
and Developer shall collaborate on the plans, specifications and drawings for the PAC. City will
be solely responsible for all costs, fees and expenses, including permitting, to design and
construct the interior tenant improvements for the PAC, and all other associated amenities,
facilities and improvements (other than the Warm Shell improvements and PAC parking the costs
of which shall be paid by Developer), and thereafter to operate, and following expiration of the
warranty period, to maintain and repair the PAC. Developer shall provide City with a 34 year
lease for the PAC premises and parking at a rent of $1 per year on a NNN basis. The Lease term
shall commence as of the date Developer delivers a complete (other than minor punch list items)
Warm Shell PAC space to City. City, as PAC tenant, will participate in the Project’s master
property owners’ association and pay a proportionate fair share cost contribution for typical
common area maintenance in the Retail and Entertainment/Mixed Use District. If the PAC is
constructed but ultimately the City fails to accept and operate it, the City PAC lease shall
terminate and the PAC may be used as entertainment space, with any of the uses allowed in the
Retail Mixed Use District component, including co-working or event space, subject to any further
CEQA review.
5.1.7 PAC Agreements. Developer shall prepare a term sheet for the improvement
and lease agreements referenced below generally at the same time as its MSDP application, and
prior to construction and issuance of PAC building permits, or at such later time as City and
Developer may mutually agree each in its discretion, City and Developer shall prepare and
execute forms of improvement and lease agreements setting forth in greater detail their respective
obligations with respect to design, development, delivery and leasing of the PAC. The PAC
improvement agreement shall address among other issues, requirements for collaboration on
design, labor and materials and performance bonds, completion guarantee, process for submittal
and approval of change orders, and warranty requirements. If the Parties are unable to achieve
the schedule dates due to disagreements, the Parties shall meet and confer in good faith to resolve
such disagreements and, if necessary, enter into mediation pursuant to Section 12.8 below.
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1
RESOLUTION NO. 18-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING FY18/19 ANNUAL OPERATING BUDGET TO APPROPRIATE $200,000
TO PUBLIC WORKS TO CONDUCT A REQUEST FOR PROPOSALS AND RETAIN A
CONSULTANT TO CONDUCT A MARKET AND OPERATIONS FEASIBILITY
STUDY FOR A PERFORMING ARTS CENTER
WHEREAS, the City of Cupertino (City), a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California is
authorized to request proposals and to enter into contracts on its behalf and for the benefit
of the City; and
WHEREAS, on October 2, 2018, the City Council conducted the second reading
approving the Vallco Town Center Specific Plan and Development Agreement, which
included a provision for the developer to construct a 60,000 square foot core and warm
shell for a Performing Arts Center, or to provide the City with a payment of $22,800,000
in-lieu of constructing a Performing Arts Center within the Vallco Town Center project;
and
WHEREAS, under the approved Development Agreement, the City is obligated to
perform a market and operations feasibility study for the Performing Arts Center ; and
WHEREAS, the City desires to hire a consultant for professional services to prepare the
market and operations feasibility study for the Performing Arts Center; and
WHEREAS, the Development Agreement obligates the City to begin the market and
operations feasibility study within ninety (90) days of the effective date of the
Development Agreement;
NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS:
1. The FY 18/19 Operating Budget is amended to appropriate $200,000 to Public
Works Capital Improvement account for the purpose of hiring a consultant to
prepare a market and operations feasibility study for a Performing Arts Center.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October 2018, by the following vote:
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2
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
128
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4463 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:10/4/2018 City Council
On agenda:Final action:10/16/2018
Title:Subject: Proposed revisions to the 2018-19 City Work Plan and Capital Improvement Program (CIP)
due to the new City Hall project, the Performance Art Center (PAC) Market and Operations feasibility
study, Regional Transformative Transit Initiatives, and other key initiatives
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - 2018-2019 City Work Program Proposed Updates
B - Proposed CIP Adjustments
C - Draft Resolution defunding CIP
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Proposed revisions to the 2018-19 City Work Plan and Capital Improvement Program
(CIP) due to the new City Hall project, the Performance Art Center (PAC) Market and
Operations feasibility study, Regional Transformative Transit Initiatives, and other key
initiatives
1. Revise the 2018-19 City Work Program to reprioritize certain staff efforts to allow for the
meeting of schedules for several major new proposed initiatives; and
2. Amend the CIP by adding the New City Hall Project, the Interim City Hall and Relocation
Project, and the Performing Arts Center Market and Operations Feasibility Study, and delaying
certain projects to enable sufficient resources for these large priority projects; and
3. Adopt Resolution No. 18-104 to approve the defunding of $4,425,750 in budgeted Capital
Funds for the Capital Improvement Projects listed in Table 1
CITY OF CUPERTINO Printed on 10/10/2018Page 1 of 1
powered by Legistar™129
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 16, 2018
Subject
Proposed revisions to the 2018-19 City Work Plan and the Capital Improvement Program
(CIP) due to the New City Hall project, the Performing Arts Center (PAC) Market and
Operations feasibility study, Regional Transformative Transit Initiatives, and other key
initiatives
Recommended Action
Staff recommends Council take the following actions:
1. Revise the 2018-19 City Work Program to reprioritize certain staff efforts to allow
for the meeting of schedules for several major new proposed initiatives; and
2. Amend the CIP by adding the New City Hall Project, the Interim City Hall and
Relocation Project, and the Performing Arts Center Market and Operations
Feasibility Study, and delaying certain projects to enable sufficient resources for
these large priority projects; and
3. Adopt Resolution No. 18-XXX to approve the defunding of $4,425,750 in budgeted
Capital Funds for the Capital Improvement Projects listed in Table 1
Background
With the Vallco Town Center development agreement approved on September 19, 2018,
the schedule for design and delivery for the New City Hall, the design and delivery of
the Interim City Hall and Relocation Project, and the PAC will require a redirection of
resources and reprioritization of several projects. With this major effort, it is
recommended that the City Council consider additional updates and changes to the 2018-
19 City Work Plan and the CIP so that staff has guidance on current City Council
priorities.
Proposed Additions to Work Plan
The City has used the Work Plan process as a tool , at least back to 1982, to manage the
efforts and the prioritization of resources for the organization to deliver services, support
policy-making, and manage projects. The Work Plan identifies City Council priority
projects and initiatives, and matches those with the capacity of City resources. This
guidance allows the City organization to stay focused and efficient and meet the schedule
expectations of the City Council and the community. When new projects or initiatives are
130
approved and are added to the Work Plan, it is appropriate for the City Council to re-
visit the priorities of the remaining Work Plan.
The Council has typically approved the Work Plan around February each year, and then
may have a mid-year status update, but not a discussion of amending the Work Plan to
capture new initiatives that they may want to include, and removing or deferring other
efforts to allow resources to be redirected. The attached Redlined 2018-19 City Work Plan
has proposed new efforts added, some initiatives removed or deferred, and some items
are simply updated. The new initiatives and the initiatives proposed to be removed are
described below.
Proposed Additions to Current 2018-19 City Work Plan
Smart City
5G Smart City Public Private Partnership Agreement with Verizon – Verizon has had
discussions with City staff to be an early provider of 5G technology with Small Cell
Antennas to allow faster connections, lower latency, and to support the Internet of
Things, which is the interconnection via the Internet of computing devices embedded in
everyday objects, enabling them to send and receive data.
Community Livability and Sustainable Infrastructure
New City Hall - Following the effective date for the Vallco Town Center Specific Plan,
the City has 21 months to deliver building permits for the New City Hall to Sandhill
Property Company for them to demolish the current City Hall and construct a new warm
shell building. Within this 21 months, staff will need to develop a complex scope of work
and acquire an architectural consultant through a Request for Proposals process, work
with City Hall staff to develop programming for the new space, conduct community
outreach on public spaces and architecture, and with periodic check-ins with the City
Council, complete construction drawings for the core and warm shell to be delivered to
the Developer, and also complete tenant improvement plans for the follow-on
construction to be completed by a City contractor.
Interim City Hall and Relocation - Staff will begin to monitor and assess the potential
and likely cost to acquire sufficient building lease space for City Hall staff relocation for
the potential 3-4 year period that the warm shell and tenant improvements are being
constructed. However, in the event the sufficient lease space will not be available when
the relocation is to occur, staff will need to begin to design and estimate the cost of
locating portable buildings, providing temporary utilities, and constructing parking on
Library Field. Library Field currently has a zoning for public building. This design will
need to begin early in order to be able to implement without delay if necessary, but the
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effort would be abandoned if offsite lease space is able to be acquired and the City
Council directs staff to do so. More information and a cost comparison will be brought to
the City Council by early spring 2019.
Performing Arts Center Market and Operations Feasibility Study - This effort will need
to begin immediately in order to select a consultant by January and then bring the study
results to the City Council for consideration in June 2019. The study will analyze the
market demand for a 60,000 square foot facility, a cost estimate of tenant improvements,
and a cost estimate of ongoing annual operations of the facility.
Regional Transformative Transit Projects Initiative - With adoption of the 2018-19 CIP,
the City Council approved funding of $150,000 to conduct an Automated Transit
Guideway Project that would connect Mountain View’s Transit Center to the I -280/Wolfe
Road area. In September, the City Council directed staff to submit several projects to the
MTC in response to their call for Transformative Transportation Projects. These projects
are:
Stevens Creek Corridor High Capacity Transit
Automated Fixed Guideway to Mountain View
Cupertino Station at I-280/Wolfe Road
Highway 85 Transit Guideway
Silicon Valley High Capacity Transit Loop
Meeting with private businesses and regional partners, along with supporting any efforts
with the VTA and the Highway 85 Project Advisory Board , will require a significant
investment of staff resources, so this item is proposed to be included in the amended
work plan.
Public Infrastructure Financing Strategy - An initiative is proposed to be added to the
Work Plan to hire a finance consultant that can provide options to the City on financing
some of the large infrastructure projects that the City will likely be considering in the near
future, such as those described below.
The obligations of the City for the delivery of the New City Hall is very roughly estimated
to be approximately $26-31 million. This estimate includes architectural design for either
the construction of the Interim City Hall on Library Field or lease space, the relocation of
City Hall staff from the existing City Hall and then later into the New City Hall, and all
of the tenant improvements.
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If the City Council decides to move forward with the PAC project upon receiving the
Performing Arts Center Market and Operations Feasibility Study, the City’s obligation
will be to fund and construct the tenant improvements, which could likely be at least
another $25-30 million.
Other costly infrastructure investments will be necessary into the future, resulting from
the all city-wide building facility asset and the nearly-completed Storm Drain Master
Plan. Also anticipated are park upgrades as a result of the completion of the City Wide
Parks and Recreation Master Plan.
Dog Off Leash Area Trial at Jollyman Park – Complete public engagement and work
with neighbors to complete a six month trial of an off leash area at Jollyman Park.
All Inclusive Playground – Study, fund-raise and design an all-inclusive playground in
a neighborhood park. A grant application has been submitted to Santa Clara County.
Amend Municipal Code to Change construction hour start time from 7:00 am to 8:00 am.
– This would be to allow City Council to consider addressing neighbor concerns related
to construction noise and disturbance.
Recreation and Community Services Strategic Plan – This effort would be to complete a
three year strategic plan that serves to align the Recreation and Co mmunity Services
Department with common vision and values. The plan will be measurable, with specific
goals, objectives and actions. The goals will revolve around action items in the Master
Plan, department culture and tools for successful implementation.
Proposed Reprioritizations and Deferrals to Current 2018-19 City Work Plan
The following changes are proposed to be reprioritized and deferred within the current
2018-19 City Work Plan:
Operational Efficiency
American Public Works Association (APWA) Accreditation – this item is proposed
to be removed from the Work Plan and brought back at a future date.
Civic Center Master Plan – Renovation – this item will be dropped in favor of the
current effort to construct a New City Hall
Staffing Level Evaluation (Public Works) – This Item is proposed to be removed
from the Work Plan and brought back at a future date.
Civic Center Master Plan – Renovation – This item was brought to the Council in
spring 2018, however the City Council directed staff to continue to look for ways
to build the preferred alternative New City Hall from the Civic Center Master Plan,
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but more affordable. This renovation is being substituted with the New City Hall
design.
Accreditation of the Recreation & Community Services Department -
Accreditation has been removed to reprioritize staff capacity to complete the
strategic plan. Important action items to meet national accreditation such as the
master plan, strategic plan, marketing plan, policy development will continue.
Weekend Work Program (Public Works) – This program was analyzed and
determined to continue to add good value, with some procedural improvements.
The Item will be shown as completed.
Proposed Changes to Current 2018-19 CIP
In order to make staff resources available and also make available some funding for the
new efforts for the New City Hall, the Interim City Hall, the Performing Art s Center
Study, and the various Regional Transit Projects, a number of projects in the Adopted
2018-19 CIP are proposed to be reprioritized and defunded and either moved into future
budget years and moved to the Unfunded List. A potential additional benefit to deferring
these projects is that the current bid market has seen rapid cost escalation, and so
deferring the projects may provide an opportunity to move some of these projects
forward in a future better construction market.
Table 1
Project Name and Recommended Action
Unencumbered
FY 18/19 CIP
Fund Budget
Balance
Blackberry Farm Entrance Road Improvements Feasibility Study – Defer
until after completion of Stevens Creek Corridor Park Chain Master
Plan. – Defer and defund
$75,000
Creek Infall/Outfall Restoration – Defer until after completion and
prioritization of the Storm Drain Master Plan – Defer and defund
$160,000
De Anza Median Island Landscaping Phase II – Complete design
consistent with Phase I and then defer construction.
$1,470,900
McClellan Ranch Preserve Community Garden Improvements –
Construction – Received bids in Sept. 2018, rejected due to costs far
exceeding budget. Repackage to reduce costs and bring back to
2019-20 Budget discussions for prioritization. - Defer
McClellan Ranch Preserve – EEC Aquatic Habitat - Bring back to 2019-
20 Budget discussions for prioritization. – Defer and defund
$125,000
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McClellan Ranch Preserve – Construct Trash Enclosure – Design
completed with Community Garden Project. Bring back to 2019-20
Budget discussions for prioritization. – Defer
Recreation Facilities Monument Signs – Defer and defund $385,000
Retaining Wall Repair – Cordova Road – Defer, monitor condition and
defund
$298,300
Service Center Shed No. 3 Improvement – Defer and seek alternate
temporary solutions
$991,050
Stevens Cr. Bank Repair – South of SCB – Concept Design – Defer
Sports Center – Upgrades - Complete design consistent with Phase I
and then defer construction until building condition assessment is
complete and comprehensive structural and space requirements are
known.
$920,500
Storm Drain Master Plan Implementation - Defer
Proposed to Return Back to Capital Reserve Fund: $4,425,750
,
Sustainability
No sustainability impact.
Fiscal Impact
If the recommendation changes to the CIP are approved, approximately $4,425,750
would be returned to the Capital Reserve Fund.
_____________________________________
Prepared by: Timm Borden, Director of Public Works Department
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – Proposed Amended 2018-19 City Work Plan
B – CIP Budget Pages for New Projects and for Projects proposed to be Deferred
and Defunded
C – Draft Resolution
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Smart City
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
Wireless Master Plan Update the City's wireless policies and
goals to ensure a comprehensive build
out of facilities.
The City will initiate a Request for
Proposals in Winter 2018.
Request proposals from interested
consultants.
Scheduled November 2018 Chad
Mosley/Bill
Mitchell
Public Works/IT
Water System Asset Management Plan
(AMP) / Valuation
1) Quantify system condition and
projected needs / costs to sustain industry
standard; and 2) Value system to
determine appropriate lease rate or sale
price after 2022.
Agreement with consultant executed with
completed work product due in August
2018.
Coordinate with SJWC and consultant an
AMP that is mutually beneficial to both
parties.
In Progress August 2018 Roger Lee Public Works
Municipal Water System Ensure lessee (San Jose Water Co.) is
maintaining and operating system to
industry standard.
SJWC investment in system has
increased. Negotiations ongoing to define
capital investments through 2022.
Continue negotiations.In Progress December 2018 Timm
Borden/Roger
Lee
Public Works
Emergency Services Continuity of
Government Plan
Complete plan to resume operations of
the City after a major emergency.
Previous plan was written in 2004. That
plan will be evaluated and a new plan will
be developed.
Emergency Services Coordinator will
research and coordinate with Santa Clara
County and other partners to write a plan
for City Council review and adoption.
In Progress September 2019 Clare
Francavilla
Recreation &
Community
Services
Wireless Upgrade - Public Space Build wireless "hot spots" at various public
locations w/in Cupertino
Determining best location and associated
solution(s).
Seismic modeling of selected "hot-spot"
locations. Budget allocation for
FY18/FY19
In Progress FY2018/FY19 Bill Mitchell Innovation &
Technology
5G Smart City Public Private Partnership
Agreement with Verizon
Provide 5G technology roll-out with Small
Cell Antennas to allow faster connections
and lower latency to support the Internet
of Things.
Initial Meetings with Verizon Recieve draft agreement from Verizon In Progress December 2019 Chad
Mosley/Bill
Mitchell
Public Works/IT
136
Public Engagement and Transparency
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
Expand Therapeutic Recreation Programs Provide greater access to programs and
activities for individuals with disabilities by
completing and launching a strategic plan.
The plan will address ADA requirements,
inclusion opportunities and special
programs. Expand recreation program
offerings to accommodate therapeutic
recreation needs in the community.
Create a task force within the department
to create a strategy and begin
coordinating opportunities.
In Progress June 2019 Christine Hanel Recreation &
Community
Services
Explore Consolidation of Senior Citizen,
Library, and Safety issues into Parks &
Recreation Commission
Per Council request, explore the
possibility of consolidating senior, safety,
and library issues into the Parks &
Recreation Commission. Currently, the
Recreation and Community Services
Department oversees a Senior Citizen
Advisory Council based out of the Senior
Center, manages general code
enforcement and emergency services,
and liaisons with the Library on services
provided to our community.
Proposed TBD Jaqui Guzman
Jeff Milkes
CMO/
Recreation &
Community
Services
I heart Cupertino - Teen Design Challenge Build a sense of community by launching
a Cupertino swag store with an fun youth
design project
Project team is developing project charter Request buy-in from local schools and
businesses
Scheduled October 2018
June 2019
Jaqui Guzman
Colleen Letire
Danny Mestizo
CMO/
Recreation &
Community
Services
Volunteer Fair Promote a sense of community and good
will in Cupertino by encouraging
volunteerism
The volunteer fair has been scheduled for
May 5th at Civic Center Plaza
Outreach plans are being developed Scheduled May 2018 Colleen Lettire CMO
Economic Development Website Streamline city web content for new
businesses. Develop an integrated
approach for outreach and marketing to
brokers, business owners, and others as
a center for innovation and the heart of
Silicon Valley.
Valuable content and links on existing
site.
Will continue to assess the needs of
businesses and add helpful resources.
Work with the City's Public
Affairs/Communications team to redesign
the Economic Development webpages
within the Citywide website enhancement.
In Progress 2018 Angela Tsui Community
Development
Citywide Branding Strategy Train staff on City branding standards,
create secondary logos, and a City tag
line
Branding standards have been developed
and training for staff is scheduled
Work with consultant to develop
secondary logos
In Progress February 2018 Brian Babcock CMO
Citywide Community Engagement Develop strategies for better engaging
with the public on City issues and provide
staff with tools and training
Four staff members participated in ILG's
TIERS community engagement training.
City has also contracted with Open Town
Hall (formerly known as Peak Democracy)
and training for staff has been scheduled.
Pilot TIERS strategy for Junipero Sierra
Trail feasibility study. Pilot Open Town
Hall.
In Progress December 2018 Jaqui Guzman
Brian Babcock
Bill Mitchell
Jennifer Chiu
CMO/Innovation &
Technology/Public
Works
137
Financial Stability
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
BMR linkage fees update Consider increasing linkage fees for
residential and non-residential projects to
provide funding for BMR affordable units
To begin in Summer 2018 after requested
funding for nexus study is authorized as
part of FY 2018-19 budget
Prepare nexus study In Progress Winter 2018-19 Erick Serrano Community
Development
Employer-based revenue measures Explore employer-based revenue
measures to address issues such as
traffic congestion
Proposed TBD David Brandt CMO
Explore storm water ballot initiative with
grassroots group(s) with input from
Sustainability Commission.
Explore feasibility and potential steps to
conduct property owner mail-in election
for authorization to adjust stormwater fees
from 1992 level to current.
Note: General Fund subsidizes Cupertino
Stormwater Program to meet legal
obligations, fund pollution prevention
programs, and provide robust
environmental education and outreach to
residents, businesses, and Cupertino
School District.
Mayor sent support letter for SB 231
(enacted 10/17) relaxing legal restrictions
on storm water fees. Staff have discussed
steps taken by Palo Alto to achieve a
successful election outcome.
Explore feasibility of an election in
Cupertino. Solicit input from Sustainability
Commission and local grassroots groups.
Discuss topic with Sustainability
Commission before July 2018; conduct
outreach and focus groups by July 2019.
Develop plan for potential property owner
mail-in election by December 2019.
In Progress December 2019 Cheri Donnelly Public Works
Consider policies and related Code and
Specific Plan amendments to implement
policies in the Economic Development
Strategic Plan.
EDSP adopted by City Council in late
2016. Hired consultant to work on
implementation of key objectives
including: Identified several policies for
forward-looking economic development
including: 1. Consider allowing
incubator/co-working uses to replace
underperforming retail, as well as
consider creating office allocation in the
General Plan specifically for mid-to-small
size companies. 2. Create a policy to
allow mobile uses (including food trucks)
in the City. 3. Identify and develop
regulations for an Innovation/Arts district
in the City.
Identified several policies for forward-
looking economic development including:
1. Consider allowing incubator/co-working
uses to replace retail on sites that have
underperforming retail and meet specific
criteria. 2. Consider creating office
allocation in the General Plan specifically
for mid-to-small size companies. 3.
Identify and develop regulations for an
Innovation/Arts district in the City. 4.
Create a policy to allow mobile uses
(including food trucks) in the City. This
could include identifying areas where
such uses could be
allowed. Incubator/co-working space is
currently defined as smaller work space
for a range of creative industries,
and unlike in a typical office, those in
incubator/co-working spaces are usually
not employed by the same
organization. The space would include,
but not be limited to, smaller business
spaces with shared resources, such as
conference and meeting rooms, reception
services, kitchen and/or food services,
and other shared amenities. Bring draft
ordinances to City Council in Winter 2018
for Item 1: Conversion of underperforming
retail space to incubator/accelerator/co-
working space and Item 2: Mobile
vendors. Schedule a Council Study
Session in Spring 2019 to discuss Item 3:
Innovation District Vision Plan and to
engage property owners and residents.
In Progress End of 2018-19 Angela Tsui Community
Development
Sustainable calpers funding strategy Identify a long term funding strategy to
fund rising costs related to retirement.
Goal of 80-100% funded in the next 20
years.
Strategies: a) Establish a 115 Trust and
funding strategy; b) 20 year amortization;
c) 6% discount rate; d) Long Term staffing
costs projections including negotiated
increase using GovInvest
Presentation to Council as part of Mid
Year Budget (March 6) and present to
Fiscal Strategic in Late March/Early
April Cost of strategy to Council as part of
Proposed Budget Hearing
In Progress June 2018 Kristina Alfaro Administrative
Services
138
Community Livability and Sustainable Infrastructure
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
Incentives to build Accessory Dwelling Units (ADUs)Provide incentives to build ADUs (which
provide affordable housing opportunities)
by reviewing ordinance and reducing fees
The Council asked staff to add this item to
the work program in late 2017.
Project will begin in Fall 2018 and is
expected to be completed by early 2019.
In Progress 2018 Gian Martire,
Piu Ghosh
Community
Development
Update the Municipal Code to Provide Parking Incentives for
Electric Vehicles and Encourage Outdoor Seating in
Restaurants
The Planning Commission requested
these items to be added to the work
program to provide incentives for green
infrastructure and enhance pedestrian-
oriented character of developments
To begin after Council authorizes it in the
work program
Proposed TBD Piu Ghosh Community
Development
Public Art in Developments Review and consider amending the
$100,000 maximum for Public Art in
Developments.
The FAC requested that this project be
added to the upcoming work program in
2016. Council authorized this in 2017.
FAC reviewed on June 18, 2018,
recommending raising the percentage of
art to 1% with no cap; City Council
introduced July 3, 2018 and enacted
August 21, 2018.
Completed
August 21, 2018
Catarina Kidd Community
Development
Lawn Buster Drought Tolerant Planting Pilot Develop a program that allows residents
to easily elect water-wise turf conversion,
including pre-set landscape plans, pre-
approved contractors, and fixed prices
Research has begun to evaluate best
options for a city-wide pilot
Collect data and research similar
programs
Proposed June 2019 Misty Mersich CMO
Healthy Cities Initiative Revise smoking (including vaping) and
water access policies and regulations to
meet HCI standards
Proposed December 2018 Jaqui Guzman CMO
Shuttle Bus Service Study Study the feasibility of an east-west
shuttle bus service that connects to
Caltrain. Also look at possible shuttle
programs to service schools.
Online survey has been completed. Vallco Development Agreement requires
a pilot Shuttle Bus Program, so work with
developer on implementation plan.
Proposed TBD Senior
Transportation
Planner Chris
Correo
Public Works
Penalties for Violation of Conditions of Approval Consider increasing maximum penalty of
$100K for violations of conditions of
approval.
Requested by Councilmember.Issue will be reviewed with related
municipal code updates.
In Progress TBD Phillip
Willkomm, Piu
Ghosh
Community
Development
Teen Stress Work with the Teen Commission and
Cupertino 95014 on events that address
teen stress in Cupertino
Cupertino 95014 has agreed to study the
issue of teen stress in Cupertino and
propose an event to highlight the problem
and potential solutions
The Teen Commission is working on a
teen stress-relief event as part of their
workplan
Scheduled TBD Colleen Lettire
Danny Mestizo
CMO/Recreation
& Community
Services
Short Term Rentals Develop a regulatory program to regulate and
collect TOT from STRs
Study session on Feb. 6, 2018 Sign collection agreements with Airbnb
and other large STR platforms. Draft Muni
Code regulations for STRs with public
input.
Scheduled June 2019 Jaqui Guzman
Ben Fu
CMO/
Community
Development
Regnart Road – analysis of maintenance responsibilities 1) Research and determine adjacent
property owner and City maintenance
responsibilities; and 2) Receive owner
input and educate regarding
responsibilities; and 3) Complete City
work.
Drainage evaluation complete.Obtain land use general counsel, review
findings and conduct public meeting(s).
Investigative work and meeting with
owners complete by summer 2018.
In Progress June 2019. Chad Mosley /
Roger Lee
Public Works
Lawrence Mitty Acquire a parcel at Lawrence Expwy and
Mitty Ave for trail expansion and park
development
City has worked with SJWC and County
to secure a three-way transaction but was
not able to reach agreement with SJWC
County is taking the lead on negotiations
with SJWC. If property is secured, funding
allocation for conceptual design will be
proposed with 2018-19 CIP.
In Progress TBD Jaqui Guzman
Timm Borden
Jeff Milkes
CMO/
Public Works/
Recreation &
Community
Services
Vallco Specific Plan Create a community-based vision and
objective standards for development at
Vallco
Vallco Town Center Specific Plan
(including Final Environmental Impact
Report and associated general plan
amendments) adopted and first reading of
associated ordinances including
Development Agreement conducted on
September 19, 2018. Ordinances
including Development Agreement with
Vallco Town Center LLC enacted on
October 2, 2018.
Review Master Site Development Plan for
the Vallco project.
In Progress Winter 2019 Catarina Kidd
and Piu Ghosh
Community
Development
139
Community Livability and Sustainable Infrastructure
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
Community Garden Improvements Renovate the community gardens at
McClellan Ranch, and implement a new
process and procedures for a more
effective, community-driven gardens
program.
Multiple stakeholder meetings have been
held to develop better procedures and
appropriate enforcement policies. A
capital project was completed that
developed a clear concept, vision and
design/construction documents for the
gardens. The renovate project is currently
in the bid process. The new rules and
enforcement process will be implemented
as garden plots are assigned.
Complete contracting process and
renovate the gardens as approved in the
2018/19 CIP budget. Evaluate fees to
consider in the 2019/20 budget with
respect to potential cost recovery.
In Progress Summer 2019 Kim Calame Recreation &
Community
Services
Strategic Plan for Neighborhood Special Events Complete strategic planning to implement
recreational activities in neighborhood
parks.
Thirty-four events and activities were
offered between July and September,
2018 with 5,888 community members
participating.
Complete summary report and present to
the Parks & Recreation Commission with
recommendations to City Council for the
program in 2019/2020.
In Progress February 2019 Jeff Milkes/Kim
Calame
Recreation &
Community
Services
Citywide Parks and Recreation System Master Plan Create a 20+ year community-driven plan
to meet future parks, open space and
recreation needs through establishing
goals and priorities and enhancing or
expanding facilities and
programs. Completion of the System
Master Plan will trigger preparation of the
Department's three year Strategic Plan.
Consultant and staff have evaluated
existing park and recreation systems,
formed an advisory group, developed a
vision statement and goals, identified
prioritization criteria and identified
preliminary opportunities. Community
outreach explored best use of park
spaces to identify needs for different
events, activities and goals. The plan is
anticipated to be issued for public
comment in early 2019 and be finalized
for City Council in spring 2019, depending
upon additional public input and results of
workshops.
Prepare administrative and public draft
Master Plan. Public and Commission
input and presentations will occur. Refine
a final draft master plan for adoption.
In Progress May 2019 Gail Seeds Recreation &
Community
Services
Solid Waste Characterization Studies and Waste Audits 1) Complete tonnage audit and waste
characterization studies of pertinent
streams of City facilities, residential
curbside, and commercial waste; and
2) Analyze effectiveness of neighboring
agency programs and emerging
technology as it might apply in Cupertino
in diverting recyclable content from
landfill.
Collected contract and waste
characterization information from
neighboring agencies. Began review of
potential auditors and consultants.
Execute consultant agreements and begin
work.
In Progress June 2018 Cheri Donnelly/
Roger Lee
Public Works
Teacher Housing Evaluate a “Teacher Housing” project in
partnership with a non‐profit developer
and try to identify and develop surplus
school property as a teacher housing
project.
In March 2016, the Planning Commission
recommended adding a goal of providing
100 senior or "teacher" housing units per
year for the next five years and/or provide
incentive and priority for Cupertino
residents. The priority system was
implemented as part of the BMR
Administrative Manual update in
September 2016.
Continue to explore opportunities in
collaboration with the school districts
In Progress TBD Kerri Heusler Community
Development
Heart of the City Plan Amend the Heart of the City Specific Plan:
(1) for clarifications to the minimum street
side setback requirements, and (2) to
review street tree requirements to allow
larger trees, increase diversity of tree type
and encourage drought-tolerant and
native tree types.
To be revised during the next Heart of the
City Specific Plan update
On Hold Erick Serrano Community
Development
Library Community Room Addition Continue design and implementation of
library community room addition
Preferred alternative was adopted by City
Council in 2015. Funding was pledged by
Irvine Company in development
agreement for Hamptons development
pending issuance of building permits.
Initiate architectural design On Hold TBD Timm Borden Public Works
Dog Off Leash Area Trial at Jollyman Park Complete public engagement and work
with neighbors to complete a six month
trial of an off leash area within Jollyman
Park
A self selected survey of neighbors was
completed with over 300
respondents. The Parks and Recreation
Commission has recommended a trial
move forward in the Spring of 2019.
Public Engagement process and eventual
trial in the Spring, 2019.
In Progress November, 2019 Jeff Milkes Recreation and
Community
Services
140
Community Livability and Sustainable Infrastructure
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
All Inclusive Playground Study, fund raise and design an All-
Inclusive Playground in a neighborhood
park
Council approved a grant application in
October, 2018 to Santa Clara
County. Staff completed a feasibility
study as part of the 2018/19 CIP budget.
Submit grant application. If the application
is successful, staff will further evaluate
costs, need, and value to the community
to support Council decisionmaking
regarding this significant investment.
In Progress TBD Gail Seeds Recreation and
Community
Services
Amend Municipal Code to change construction hour start
time from 7:00am to 8:00am
Address neighbor concerns related to
noise and disturbance related to
construction
Requested by Councilmember.Confirm project process and schedule.
Earliest timeline is November 20, 2018 for
first reading..
Proposed November 2018 Ben Fu Community
Development
Recreation and Community Services Strategic Plan Complete a three year strategic plan that
serves to align the department with a
common vision and values. The plan will
be measurable, with specific goals,
objectives and actions. Goals will revolve
around action items in the Master
Plan, department culture and tools for
successful implementation.
Staff have contracted with a consultant to
assist with the process.
Identify strategic themes, objectives,
measures, performance indicators and
initiatives.
In Progress TBD Jeff
Milkes/Departm
ent Leadership
Team
Recreation and
Community
Services
Performing Art Center Market and Operations Feasibility
Study
Conduct a feasibility study for City Council
consideration on whether to have the
Vallco developer construct a warm shell
building as part of their Master Site
Development Permit
The budget amendment to allow staff to
move forward with an RFP to hire a
consultant is on the 10/16/18 Council
Agenda
Issue an RFP in early November. In Progress April 2019 Chad Mosley Public Works
141
Operational Efficiency
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
Alternative Commute Pilot for Staff Pilot to encourage employees to use
alternative modes of transportation such
as walking, biking, transit, and carpool to
relieve road congestion, reduce harmful
emissions and improve employee health.
Exploring programs from surrounding
cities and writing a draft proposal
Develop policy, implementation
measures, and determine appropriate
incentive levels.
Proposed June 2019 Misty Mersich CMO
American Public Works Association (APWA) Accreditation To objectively evaluate, verify and
recognize compliance with recommended
management practices.
Reviewing / amending current practices
and beginning self-assessment process.
Complete update of current practices and
schedule onsite evaluation.
Scheduled FY2019/2020 Roger Lee Public Works
Workforce Planning Use data in the City's ERP system and
several city documents such as the
budget, CIP and Council Work Program to
identify key positions needed and how to
attract, retain or train to ensure the
availability of those positions when
needed.
None Begin identifying key positions. Formulate
training/recruitment/retention strategy for
those positions.
Scheduled June 2019 Kristina Alfaro Administrative
Services
Labor Negotiations Negotiate equitable long term contracts
with all bargaining units
Current contract expires in June 2019. Begin preparation for negotiations in
January 2019
Scheduled June 2019 Kristina Administrative
Services
Disaster recovery plan Provide network/data resiliency thru the
use of offsite and out of region data
centers
Simplified network/data infrastructure to
allow for easy migration to offsite data
center
1) Move current City Hall data center
infrastructure elements to local colocation
facility. 2) Build second infrastructure
environment at distant, out-of-region
colocation facility.
In Progress FY2018/FY19 Bill Mitchell Innovation &
Technology
Applications Deploy applications to enhance
operational efficiency.
In process of implementing various
enterprise applications including Accela
Land Management, GovInvest, Peak
Democracy and Zonar 3D
1) Finalize implementation of applications
in flight. 2) Continue to research cost
effective solutions to current business
problems.
In Progress FY2018 Bill Mitchell Innovation &
Technology
Public Building Condition and Use Assessment 1) Determine priority assessment of
buildings for future improvements; and, 2)
Analyze selected buildings for facility use
efficiency
Notice to proceed issued.Facilitate consultants work by retrieving
needed documents and facilitating on-site
inspections.
In Progress August 2018 Roger Lee Public Works
Staffing Level Evaluation Analyze work load of various staff to
insure community expectations are met
and ordinance requirements are enforced.
Various deficiencies have been identified.Complete evaluation within department
and discuss coordination with other
departments as applicable and needed.
In Progress FY2019/20 Timm
Borden/Roger
Lee
Public Works
Weekend Work Program Ensure efficiency of program.reviewing current practices and gathering
data from staff. Analysis has been
completed and program still is shown to
provide good value to the CIty.
Complete evaluation within the
department and determine the value of
labor received from participants vs. the
value of full-time employees to monitor
the program.
Completed January 2019 Carl Valdez Public Works
Civic Center Master Plan - Renovation Begin design for renovation of City Hall,
including structural strengthening,
accessibility improvements, and
replacement of all electrical and
mechanical systems
Following rehabilitation options from Civic
Center Master Plan, as currently is being
validated by consultant conducting city-
wide facility condition and use efficiency
study.
Upon approval from City Council to move
forward, advertise RFP for architectural
services.
In Progress January 2020 Timm Borden Public Works
New City Hall Design Design a New City per the Vallco Specific
Plan Development Agreement and deliver
building permits to the developer in 21
months and vacate the building 24
months from 11/2/18.
The budget amendment to allow staff to
move forward with an RFP to hire an
Architectural consultant is on the 10/16/18
Council Agenda
Issue an RFP in late November.In Progress August 2020 Timm Borden Public Works
Interim City Hall Design Design an Interim CIty Hall on the Library
Field (Modular Portables) for the
timeframe that the New City Hall is under
construction.
The budget amendment to allow staff to
move forward with an RFP to hire an
Architectural consultant is on the 10/16/18
Council Agenda
Issue an RFP in early November. In Progress November 2020 Timm Borden Public Works
Roll Out of Additional ERP Modules Fully utilize ERP system to automate and
simplify business processes
Fixed Asset module is in data verification
stage. CAFR Builder is in contract
negotiations.
Review contract module and requested
time off capabilities in the City's online
timesheet/benefits portal
In Progress June 2020 Kristina Alfaro Administrative
Services
Roll Out of Open Gov Platform (maps and additional reports) Fully utilize OpenGov Software Successfully began using and integrating
open budget portion of OpenGov
Build out additional reports and view on
the City's transparency portal
In Progress June 2020 Kristina Alfaro Administrative
Services
Integration of Workplan and Other Long/Short Term
Documents to Develop 5 Year Business Plan for City.
Comprehensive Business Plan that
encompases all workplan items ensuring
adequate funding and staffing resources.
Pending work plan approval. Ensure costs associated with items
approved in workplan are included in the
FY19 budget. Ensure future costs of
items in the workplan are included in the
Long Term Financial forecast
In Progress June 2020 Kristina Alfaro Administrative
Services
142
Operational Efficiency
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
Accreditation of the Recreation & Community Services
Department
National accreditation by the Commission
for Accreditation of Park and Recreation
Agencies to inform policy makers, staff,
and community members that the parks
and recreation agency has been
independently evaluated against
established benchmarks for delivering a
high level of quality service.
The City has been accepted as a
candidate for national accreditation in
2019. A committee of front-line staff,
supervisors and managers are addressing
each of the 151 national standards. All
Recreation staff have been trained in the
process. The Department is on schedule
to be reviewed in early 2019 and
potentially accredited in October, 2019.
Complete self evaluation addressing the
151 national standards. This requires
wide-ranging tasks including creating a
department marketing plan, risk
assessment plan, and a review of all
department policies.
Cancelled October 2019 Jeff Milkes Recreation and
Community
Services
Implement ActiveNet Registration Software System Replace the current recreation registration
software with a cloud-based software
version to enhance service at the Quinlan
Community Center, Sports Center, Senior
Center and other recreation facilities as
appropriate.
Staff have negotiated a contract with
ActiveNet with project implementation and
training in the Spring and Summer of
2018. The project software was
successfully launched on October 2, 2018
Continue with phase in of all modules of
the software package.
Completed October 2, 2018 Project Lead,
Rachelle
Sander. Project
Manager, Bill
Mitchell
Recreation and
Community
Services, with
Innovation &
Technology
Cross Platform System Integration Leverage new technology acquisitions to
create integrated systems
Identified integration possibilities between
the City's ERP Logos and Land
Management Software, Recreation
Software, Project Works and Recruitment
software. Finance division working with
Land Management software on integration
specifications
Explore and implement integration In Progress Summer 2018
and Ongoing
Kristina Alfaro All
Improve Process of Public Records Act (PRA) Requests Provide a comprehensive web portal that
allows 24x7 public access to search
previous PRA responses or submit a new
PRA request. Route, escalate, track,
distribute, log and manage each PRA
request. Provide knowledge base of
previous PRA requests and associated
responses. Manage, review and improve
current City process.
Met with vendors on different applications
that meet our goals.
Vendor demo application for staff review
and selection.
In Progress Fall 2018 Bill
Mitchell/Grace
Schmidt
Innovation &
Technology/City
Clerk
143
Public and Private Partnerships
Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department
Support the Creation of a Film Society To increase art opportunities in the City.
The goal is to support the creation of a
film society based on a request by
interested citizens
N/A Explore opportunities upon authorization Proposed TBD Angela
Tsui/Catarina
Kidd
Community
Development
Small Business Dev. Center Explore the viability of establishing a small
business development center within the
City of Cupertino.
This is an action item in the EDSP as a
resource to retain and grow small and
midsize businesses.
Continue to explore opportunities. In Progress TBD Angela Tsui Community
Development
Library Lease Sign a new lease with the Library JPA for
use of the City's Library facility
Staff has begun meeting with Library staff
to discuss terms for the new lease
Negotiate and complete lease In Progress June 2018
June 2019
Jaqui Guzman/
Rocio Fierro/
Jeff Milkes/
Roger Lee/
CMO/CAO/Recreation
& Community
Services/Public Works
Strategic Partnerships with Nonprofits Create strategic partnerships with
nonprofits to improve effectiveness of
Recreation & Community Services
Programs. Objectives include coordination
of programs with the Cupertino Library,
YMCA, West Valley Community Services,
School Districts, etc.
Many new partnerships have been strenthened to include working with the Historical Society, the Chamber of Commerce, the School Districts, etc.Develop MOU with Library addressing
program opportunities, and continue
discussions with West Valley Community
Services and other non profit service
providers.
In Progress June 2019
(ongoing)
Kim Calame/Kim
Frey/Christine
Hanel
Recreation &
Community Services
144
1
FY 2018-2019 CIP Budget – Proposed CIP Revisions
C I P FY 2019
Capital Improvement Program
Adopted FY 2019 Planned FY 2020-2023
Proposed CIP Revisions – October 16, 2018
PUBLIC WORKS DEPARTMENT
Timm Borden, Director
CITY HALL
10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3266
(408) 777-3354 ~ FAX (408) 777-3333
CUPERTINO.ORG
145
2
FY 2018-2019 CIP Budget – Proposed CIP Revisions
EXISTING PROJECTS –
TO BE POSTPONED
146
3
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Blackberry Farm Entrance Road Improvements - Feasibility
DESCRIPTION
Prepare a feasibility study on ways to
improve pedestrian and bicycle access to
Blackberry Park Farm and Stevens Creek
Corridor Trail.
Budget Unit: 560-99-061 Priority: 1
Estimated Project Costs: $75,000 Location: Blackberry Farm
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
Current access to Blackberry Farm for bicycles, pedestrians and vehicles is a narrow
access road shared by all three groups. This feasibility study will identify and evaluate
various concepts to improve access for non-vehicular visitors to the park.
STATUS
This feasibility study is proposed to be postponed due to limited staff resources and
budget constraints
147
4
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Creek Infall/Outfall Restoration
DESCRIPTION
Reconstruct existing drainage structures
adjacent to 22001 Lindy Lane, 10545 Cordova
Road and 21710 Regnart Road to prevent
debris build-up, flooding and creek erosion
during the rainy season.
Budget Unit: 420-99-064 Priority: 1
Estimated Project Costs: $480,000 Location: Various
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
The existing drainage structures at these three locations are antiquated, poorly
protected from floating debris making them susceptible to debris build-up, blockages
and potential flooding. This project proposes to rebuild these structure with more
effective debris capture devices and improve the outfall structures to reduce erosion
and improve hydraulic conditions.
STATUS
This project is proposed to be postponed due to limited staff resources and budget
constraints.
148
5
FY 2018-2019 CIP Budget – Proposed CIP Revisions
De Anza Median Island Landscaping Phase II
DESCRIPTION
Design and construct replacement arbor,
irrigation and plantings of street medians.
This is the second phase of the program and
covers the length of De Anza Boulevard
between I-280 & Mariani Avenue.
Budget Unit: 420-99-065 Priority 2
Estimated Project Costs: $1,546,500 Location: De Anza Blvd. between
HWY 280 to Mariani Ave.
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
Cupertino has many mounded median islands which are difficult to irrigate efficiently. Since
the installation of many of the City’s planted median islands, the approach to grading, planting,
and maintaining them has changed as the desire to conserve resources has increased. Over that
same time, irrigation products and systems have also improved efficiency. In addition,
landscape plantings need to be replaced as they age out over time. Projects to renovate the
median islands will refresh the plantings and improve the efficiency in the use of water and
labor to maintain the systems.
STATUS
The consultant has been selected and the design has begun on the second phase of the
De Anza Median Island renovation program. Construction is proposed to be
postponed due to limited staff resources and budget constraints.
149
6
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Lawrence-Mitty Park Master Plan
DESCRIPTION
Develop a Master Plan for a proposed
neighborhood park located on several acres
of land adjacent to Saratoga Creek, near the
intersection of Lawrence Expressway and
Mitty Way.
Budget Unit: 280-99-009 Priority 2
Estimated Project Costs: $100,000 Location: Lawrence Expressway and
Mitty Way
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
The City is under-served for parks and open space to meet the level of service goal of the City’s
General Plan. The east side of the City is particularly under-served. With the acquisition and
annexation of the project the next step is to master plan the site to determine the best use for the
site.
STATUS
This project is proposed to be postponed due to limited staff resources and budget
constraints.
150
7
FY 2018-2019 CIP Budget – Proposed CIP Revisions
McClellan Ranch Preserve Community Garden Improvements –
Construction
DESCRIPTION
Reconstruct the existing community garden
based on the design developed in FY 2017-18.
The project includes reconfiguration of the
garden plots, improved ADA accessibility to
and within the garden, installation of new
perimeter fencing, irrigation distribution
system and informal meeting area.
Budget Unit: 280-99-066 Priority: 2
Estimated Project Costs: $1,500,000 Location: McClellan Ranch Preserve
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
This project will implement the approved conceptual design for the McClellan Ranch
Community Garden Improvements project. The goals of this project are to increase the number
of garden plots thereby reducing the number of residents on the waiting list, improve ADA
accessibility, improve the water distribution system throughout the garden, increase the
aesthetics and sense of community and provide increased protection from non-beneficial
wildlife.
STATUS
The design is complete, the project was advertised and bids were opened on September 18,
2018. Bids received exceeded the available budget. The project will be value engineered and re-
packaged. Construction is proposed to be postponed due to limited staff resources and budget
constraints.
151
8
FY 2018-2019 CIP Budget – Proposed CIP Revisions
McClellan Ranch Preserve EEC Aquatic Habitat Upgrade
DESCRIPTION
Construction of an outdoor aquatic habitat
for turtles, fish and other species adjacent to
the Environmental Education Center (EEC).
This habitat will be used as an outdoor
education center for schools visiting the
EEC.
Budget Unit: 280-99-067 Priority: 1
Estimated Project Costs: $125,000 Location: McClellan Ranch Preserve
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
This project would create an outdoor habitat and classroom providing for a more natural
environment for the turtles, fish, etc and more space to conduct classroom sized presentations.
The facility would be ADA accessible, consistent with the McClellan Ranch environment and
from other animals.
STATUS
This project is proposed to be postponed due to limited staff resources and budget
constraints.
152
9
FY 2018-2019 CIP Budget – Proposed CIP Revisions
McClellan Ranch – Construct Trash Enclosure
DESCRIPTION
Screen the existing trash/debris boxes from
McClellan Road. This would include a
concrete pad for the boxes.
Budget Unit: 420-99-003 Priority: 1
Estimated Project Costs: $154,000 Location: McClellan Ranch Preserve
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
Currently the trash containers are in the open, visible from McClellan Road, and attract illegal
dumping. Screening the trash containers will help discourage illegal dumping at McClellan
Ranch Preserve.
STATUS
The design is complete and the project was packaged with the Community Garden project. The
project was advertised and bids were opened on September 18, 2018. Bids received exceeded the
available budget. The project will be value engineered and re -packaged. Construction is
proposed to be postponed due to limited staff resources and budget constraints.
153
10
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Recreation Facilities Monument Signs
DESCRIPTION
Design and construct new monument signs
with lighting at the following locations:
McClellan Ranch Preserve
McClellan Ranch West
Blackberry Farm
Memorial Park
Sports Center
Budget Unit: 420-99-031 Priority: 2
Estimated Project Costs: $385,000 Location: Various
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
The McClellan Ranch Preserve and Stevens Creek Corridor Signage Program was approved by
Council in December 2014. The Signage Program prescribes a standardized and consistent look
and feel for all signage along Stevens Creek.
The Signage Program provides a signage convention that can be applied to other recreation
facilities in the city. The existing monument signs at several city facilities are outdated, worn,
and in need of repair. This project will install new monument signs at five city facilities
consistent with the Signage Program.
STATUS
This project is proposed to be postponed due to limited staff resources and budget
constraints.
154
11
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Retaining Road Improvements – Cordova Road
DESCRIPTION
Design and construct a project to replace the
wood planks in the existing wall.
Budget Unit: 420-99-040 Priority: 1
Estimated Project Costs: $350,000 Location: West side of Cordova Road,
north of San Juan Road
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
There is an existing wall along Cordova Rd. that retains soil adjacent to private property. The
existing retaining wall is showing signs of deferred maintenance and potential premature
failure. This project will replace the wood planks (ie lagging) in the wall and extend the useful
life of the wall.
STATUS
This project is proposed to be postponed due to limited staff resources and budget
constraints.
155
12
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Service Center Shed No. 3 Improvements
DESCRIPTION
Design and construct a replacement for the
existing Shed 3 to accommodate the
landscape material and organic waste storage
requirements, including durable walls and
canopy and comply with current stormwater
pollution prevention requirements.
Budget Unit: 420-99-034 Priority: 1
Estimated Project Costs: $1,100,000 Location: Service Center
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
Currently, loose landscape materials and waste are stored at the Service Center in outdoor,
covered, material storage bays at Shed No. 3. As part of the City’s increasing waste diversion
efforts, it now collects different types of organics from its sites to recycle, including food scraps.
The existing material bays need to be reconfigured to accommodate the increasing demand for
separate storage bays.
STATUS
This project was bid in January, 2018 and proposals exceeded the available budget.
This project will be redesigned to a more cost effective solution. This project is
proposed to be postponed due to limited staff resources and budget constraints.
156
13
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Sports Center – Upgrades
DESCRIPTION
Design and implement the following, as
prioritized, as available funding permits: 1)
renovate the second floor restrooms; 2)
renovate the women’s locker room and
shower; 3) renovate the men’s locker room
and shower; 4) renovate the front lobby
counter.
Budget Unit: 420-99-017 Priority: 1
Estimated Project Costs: $1,590,000 Location: Sports Center
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
The last major upgrades to the building were in 2004 and the facility is in need of some minor
upgrades, due to wear-&-tear and weathering. These improvements will improve user
experience and attract new users. Prior year funding authorized conversion of the east court
lights to LED and installation of an electronic monument sign. This project will continue the
modernization program and increase the attractiveness of the facility.
STATUS
Design is underway and is approximately 50% complete. Project design is expected to
be complete by January, 2019. This project is proposed to be postponed due to limited
staff resources and budget constraints.
157
14
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Stevens Creek Bank Repair – South of SCB – Conceptual Design
DESCRIPTION
Prepare a conceptual design for
repairs to creek banks that will
protect property from further erosion
and stabilize the bank, and is
compatible with existing goals and
requirements for the creek corridor.
Budget Unit: 420-99-014 Priority: 1
Estimated Project Costs: $100,000 Location: Stevens Creek South of
Requesting Dept.: Rec. and Comm. Services Stevens Creek Boulevard
PROJECT JUSTIFICATION
In 2014, the City purchased a residential parcel (Blesch) on Stevens Creek Boulevard
that lies between the Stocklmeir site and the Blackberry Farm Golf Course. The creek
channel upstream of this parcel has been widened and restored. However this parcel,
which is in the active floodway and subject to bank erosion, remains to be stabilized
and restored. This parcel is targeted for improvements relating to the park and
recreation purposes of the Stevens Creek Corridor. Its bank should be stabilized before
such improvements move forward in order to protect the City’s investment. A
conceptual plan for improvement of the bank and channel will make the
implementation of the project more eligible and attractive for potential grant funding.
STATUS
This project is proposed to be postponed due to limited staff resources and budget
constraints.
158
15
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Storm Drain Master Plan Implementation
DESCRIPTION
Design and construct storm drain
improvements at high priority locations
identified in the updated Storm Drain Master
Plan. The goal of the improvements is to
minimize the potential for localized flooding
of streets and private property.
Budget Unit: 210-99-071 Priority: 2
Budgeted Amount: $3,100,000 Location: Various locations
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
Completion of the Storm Drain Master Plan Update is anticipated in 2018, which will identify
and prioritize storm drain improvement projects. A project to fund implementation of the
initial priorities will be the next step to improve the City’s storm drain system.
STATUS
This project is proposed to be postponed due to limited staff resources and budget
constraints.
159
16
FY 2018-2019 CIP Budget – Proposed CIP Revisions
NEW PROJECTS – CURRENT YEAR
160
17
FY 2018-2019 CIP Budget – Proposed CIP Revisions
New City Hall Design
DESCRIPTION
Design a new 40,000 sf City Hall on the site of
the existing City Hall. The new building will
be two story with a 118 stall underground
parking lot.
Budget Unit: TBD Priority: 1
Estimated Project Costs: $5,500,000 Location: 10300 Torre Road
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
As part of the Vallco Development Agreement with Vallco Property Owner, LLC the City is
responsible for the design of a new City Hall Building. The new building will be located on the
site of the existing City Hall. Vallco Property Owner, LLC is responsible to construct the “warm
shell” and the City is responsible for the tenant improvements.
STATUS
Consultant selection will begin as soon as the project is approved. Completed design
and approved building permits are anticipated by August 2020.
161
18
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Interim City Hall
DESCRIPTION
Design and construct an Interim City Hall,
approximately 25,000 sf. on Library field.
Budget Unit: TBD Priority: 1
Estimated Project Costs: $500,000 Location: Library Field
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
As part of the Vallco Development Agreement, the existing City Hall will be relinquished to
Vallco Property Owner, LLC in November, 2020. Vallco Property Owner, LLC is responsible to
construct a “warm shell” for a new City Hall in the location of the current City Hall. All City
Hall employees need to be relocated prior to the November deadline. This project will construct
interim, modular office space on Library field. This interim facility will remain operational for
the duration of the New City Hall project construction. Sufficient lease space will also be
pursued as an option for the Interim City Hall, and this design will be abandoned is space can
be secured and the Council chooses the lease option.
STATUS
Upon approval of the budget appropriation consultant selection will begin.
Construction and employee transition must be complete by November, 2020.
162
19
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Inclusive Play Area
DESCRIPTION
This project will design and construct an
Inclusive Play Area identified in Citywide
Parks, Open Space & Recreation Master Plan.
Budget Unit: TBD Priority: 1
Estimated Project Costs: $5,000,000 Location: Jollyman Park
Requesting Dept.: Rec. and Comm. Services
PROJECT JUSTIFICATION
In September 2018, Santa Clara County approved funding of $10M countywide for
development of All Inclusive Play Areas. Recreation and Community Services staff
have completed site selection and conceptual design and have identified Jollyman Park
as the best location in the City for an All Inclusive Play area. City Council approved
submitting a grant application on October 2, 2018 with the goal of securing up to $2M
in grant funding. If successful, this project will design and construct such a facility.
STATUS
Site selection and key project components have been identified. Santa Clara County approved
second round funding of $10M. Staff has submitted a grant application and anticipate hearing
in December if they were successful. Design would commence immediately once the Council
accepts the grant award.
163
20
FY 2018-2019 CIP Budget – Proposed CIP Revisions
Performing Arts Center – Market and Operations Feasibility Study
DESCRIPTION
This feasibility study will include a market
analysis for a proposed Performing Arts
Center as well as identify the estimated
tenant improvement costs and the
operational expenses related to a facility of
this type.
Budget Unit: TBD Priority: 1
Estimated Project Costs: $200,000 Location: Vallco Development,
west of Wolfe Rd.
Requesting Dept.: Public Works
PROJECT JUSTIFICATION
The Vallco Development Agreement proposes to construct a 60,000 sf Performing Arts
Center for City use. This feasibility study will verify the community interest, revenue
potential, likely tenant improvement costs, operational costs and evaluate different
management models for this type of facility.
STATUS
Within 90 days of the Effective date of the Development Agreement the City will commence
with a Market and Operations feasibility study for the proposed project.
164
1
RESOLUTION NO. 18-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE FY18/19 ANNUAL CAPITAL IMPROVEMENT PROGRAM
BUDGET TO DEFUND $4,425,750 IN BUDGETED CAPITAL FUNDS AND
REALLOCATE THE FUNDS TO THE CAPITAL RESERVE FUND
WHEREAS, the City has identified several Capital Improvement Projects that
should be deferred to make staff resources available for the New City Hall Project,
Interim City Hall Project, the Performing Arts Center Study, and various Regional Transit
Projects; and
WHEREAS, the City seeks to create additional funding capacity for the New City
Hall, Interim City Hall, Performing Arts Center Study and various Regional Transit
Projects;
NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS:
The City Council approves the defunding of $4,425,750 in budgeted Capital Funds for the
following projects:
Table 1
Project Name and Recommended Action
Unencumbered
FY 18/19 CIP
Fund Budget
Balance
Blackberry Farm Entrance Road Improvements Feasibility Study – Defer
until after completion of Stevens Creek Corridor Park Chain Master
Plan. – Defer and defund
$75,000
Creek Infall/Outfall Restoration – Defer until after completion and
prioritization of the Storm Drain Master Plan – Defer and defund
$160,000
De Anza Median Island Landscaping Phase II – Complete design
consistent with Phase I and then defer construction.
$1,470,900
McClellan Ranch Preserve Community Garden Improvements –
Construction – Received bids in Sept. 2018, rejected due to costs far
exceeding budget. Repackage to reduce costs and bring back to
2019-20 Budget discussions for prioritization. - Defer
McClellan Ranch Preserve – EEC Aquatic Habitat - Bring back to 2019-
20 Budget discussions for prioritization. – Defer and defund
$125,000
165
2
McClellan Ranch Preserve – Construct Trash Enclosure – Design
completed with Community Garden Project. Bring back to 2019-20
Budget discussions for prioritization. – Defer
Recreation Facilities Monument Signs – Defer and defund $385,000
Retaining Wall Repair – Cordova Road – Defer, monitor condition and
defund
$298,300
Service Center Shed No. 3 Improvement – Defer and seek alternate
temporary solutions
$991,050
Stevens Cr. Bank Repair – South of SCB – Concept Design – Defer
Sports Center – Upgrades - Complete design consistent with Phase I
and then defer construction until building condition assessment is
complete and comprehensive structural and space requirements are
known.
$920,500
Storm Drain Master Plan Implementation - Defer
Proposed to Return Back to Capital Reserve Fund: $4,425,750
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
166
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3277 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:11/13/2017 City Council
On agenda:Final action:10/16/2018
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/16/2018 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
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