Written Communications (updated 7-16-19)
CC 07-16-19 SS#2
Commissions & Committees
Written Communications
Public Engagement: Improving Council Communications with Advisory Commissions and Committees
AMENDED CITY COUNCIL SUBCOMMITTEE REPORT
Meeting: July 16, 2019
Subject
Study session regarding improving communications with and effectiveness of advisory
commissions and committees.
Recommended Action
Conduct study session regarding improving communications with and effectiveness of
advisory commissions and committees, receive public input on subcommittee
recommendations, and provide direction to staff.
Public Engagement: Improving Council Communications with Advisory
Commissions and Committees
City Council requested this item in an effort to improve communications with its advisory
commissions and committees.
Prior Efforts
In the summer of 2018, a request from a prior Councilmember to consider eliminating
multiple City commissions was met with support by two other Councilmembers. This
led to a subsequent meeting where, following public input, this request was voted down.
As an alternative, Council asked staff to bring forth a future agenda item seeking input
from its advisory commissions and committees with regard to how to improve
communications. Input was verbally sought by staff; no written feedback was sought or
obtained from the advisory commissions and committees. Accordingly, the current City
Council decided to re‐visit the process in an effort to provide recommendations reflective
of the purpose of the request.
Timeline
July 2018: Council decided to not merge the Library and Public Safety Commission
into the Parks and Recreation Commission. Instead, Council directed staff to look
at how to improve communication with commissions.
CC 07-16-19 Study Session #2
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
November 2018: On an agenda item to improve communication with
commissions, the Council approved the Code of Ethics and gave direction that
commissions should only work on items in the Council’s Work Program. Not all
commissioners were contacted or had the opportunity to provide written input for
any proposed document on that council agenda item.
December 2018: Council formed a subcommittee to improve communications with
commissioners.
January 2019: The new Council rescinded the Code of Ethics.
February 2019: The subcommittee created a survey for advisory commissions and
committees to ask questions on various aspects of commission functions, in
addition to communication with the Council.
July 2019: The subcommittee creates a report and recommendations for further
Council discussion.
Current Process
With the direct support and work of then Interim City Manager Timm Borden, the
subcommittee was able to obtain direct written feedback from members of its advisory
commissions and committees (Attachment A). The subcommittee evaluated this feedback
and makes its recommendations to Council accordingly. The scope of these
recommendations includes aspects of meetings and procedures which affect the
qualitative nature of communications between Council and its advisory commissions and
committees, and the recommendations, as such, in their totality, have been contemplated
and designed to improve the overall process of our communications and engagement
with the public from a structural and functional perspective.
Recommendations
Public input. Obtain public input in the present study session for all items
recommended by the subcommittee as part of the effort to improve
communications between City Council and its advisory commissions.
General Engagement with the Community, Councilmembers and Advisory
Commissioners and Committee Members. The subcommittee recommends that:
o Councilmembers make best efforts to attend at least one meeting per year
of each of Council’s advisory commissions and committees;
o The City provide notice to advisory commissions and committees of
various community events both directly related and unrelated to the scope
of the respective commission. Council and advisory commissions and
committees should be included in the list of formal outreach channels from
the City for any event;
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
o Each commissioner or committee member strive to attend at least two
community meetings between regularly‐scheduled meetings of the
respective advisory commission or committee and report such activity,
recorded by the staff liaison in the meeting minutes, during regularly‐
scheduled meetings;
o For the monthly meeting with the Mayor, each representative of an
advisory commission or committee provide a written summary of the
commission’s or committee’s activities since the prior monthly meeting
with the Mayor. Alternatively, staff can provide summary minutes for the
Mayorʹs meetings. These written summaries should be circulated to
Council and advisory commissions and committees in an effort to provide
updated information on activities;
o The City provide information to each advisory commission and committee
with respect to the mechanisms of outreach from the City and how to
access these mechanisms. For example, advisory commissions and
committees should be able to add items to the calendar that the City places
online to notify the public of future events; and
o In addition, the subcommittee suggests that the web page of each advisory
commission and committee include a section with a brief description of the
top three items the group is currently working on in order to provide the
public with a reference as to the advisory commission’s or committee’s
current activities.
Scope and Frequency of Commission Meetings. Public oversight of City business
is the governing mechanism and overarching principle for commission meetings.
As a general matter, for example, advisory commission and committee meetings
should not be cancelled without the written approval of the commission or
committee Chair. The past practice among certain of Council’s advisory
commissions and committees of staff cancelling meetings without consulting with
the commission or committee Chair is one that needs to be discontinued. Staff
should consult with and obtain the consent of the chair of the Council’s advisory
commissions and committees prior to cancelling meetings. Some commissions
appear to meet more frequently than the original direction by the Council. For
example, the Sustainability Commission has been meeting every month, instead
of every 3 months. The subcommittee recommends that Council review the
frequency and the scope of commission meetings once a year. This way the
Council could provide further direction in the event some commissions cancel
many regular meetings due to lack of business. With regard to the scope of work
of an advisory commission or committee, guidance should be sought from the
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
Cupertino Municipal Code to the extent that the scope is described there. Should
an advisory commission or committee seek to expand or revise the scope of its
responsibility beyond the Municipal Code or the approved City Work Program, it
should submit the request prior to Council’s annual review of the work of its
advisory commissions and committees. Commissioner Handbook, p. 23. The
subcommittee recommends that each advisory commission or committee provide
an annual review of all of the topics the advisory commission or committee has
worked on in the prior calendar year by January 15. The subcommittee further
recommends that each advisory commission or committee be encouraged to
provide feedback to the City Council with regard to areas of recommended
changes or improvements to their respective public‐meeting process, including
with respect to interactions with and efficacy of the staff liaison.
Communications with the Staff Liaison. The fundamental roles of advisory
commissions and committees are to receive public feedback and advise the City
Council. As such, staff should seek the input and feedback of commissions and
committees on items rather than only providing information. The subcommittee
recommends Council support for a policy‐based statement that the staff liaison for
an advisory commission or committee supports the commission or committee in
its fulfillment of the scope of its responsibilities, including advising Council, as
those responsibilities have been directed by the City Council. The staff liaison
should on a regular basis provide topical updates and activity reports to the
advisory commission or committee, for example, with respect to grant‐funding
opportunities, outreach meetings, and construction updates relevant to the scope
of the advisory commission or committee’s work. The subcommittee recommends
that the staff liaison makes it clear to the members of the advisory commission or
committee that meetings between the staff liaison and individual members of the
advisory commission or committee are available. Subject to adherence to
requirements related to communications, the staff liaison should assist with the
distribution of relevant and useful information between Council, commissioners,
and committee members.
Agenda‐Setting Process. The subcommittee recommends that prior to each
scheduled meeting of an advisory commission or committee, the Chair and the
staff liaison should meet to set the agenda, in person, by phone, or by email. The
other commissioners or committee members should be informed of the date of the
agenda setting meeting in case a member of the advisory commission or
committee would like to propose an agenda item to the staff liaison. With regard
to other logistics related to the setting of agendas, the subcommittee makes the
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
following recommendations for the purpose of ensuring openness and clarity in
our process:
o The last item of each meeting should be “Staff and Commission Activities:
Reports and Future Agenda Setting” with a draft of future agenda items,
ordered by tentative meeting dates.
o If any single commissioner proposes an agenda item, either before the
meeting to the staff liaison or at the meeting, the commission shall discuss
whether to schedule the item during the Future Agenda Setting item.
o The Chair of an advisory commission or committee is able to add an
agenda item to the meeting agenda.
o Any two commissioners can add an agenda item for the future agenda item
list. The Chair or staff liaison should respond by the following regularly‐
scheduled meeting with a schedule for adding the item to the future
agenda item list. This recommendation would ensure an avenue for non‐
Chair members to add an item to a future agenda. Currently, any
commissioner may request that the Chair place an item on a future agenda,
but this does not necessarily obligate the Chair to do so. Commissioner
Handbook. p. 13.
o The staff liaison can add an agenda item only with the written consent of
the Chair to add the item. Required permit processing hearings may be
added by the staff liaison, in consultation with the Chair.
o Once an item is added or scheduled to the future agenda item list, the item
cannot be removed until it is discussed for removal at a regularly‐
scheduled meeting during the item for “Staff and Commission Activities:
Reports and Future Agenda Setting”. Any rescheduling of future agenda
items shall be discussed and approved during the item for “Staff and
Commission Activities: Reports and Future Agenda Setting” unless events
prior to the next meeting require postponement of an item, in which case
such a postponement may be made by the staff liaison, in consultation with
the Chair.
Training and Development for Civic Duties. The subcommittee recommends that
all advisory commissioners and committee members receive an orientation which
includes the governmental structure of Cupertino in an organizational chart, a
description of the scope of work for the advisory commission or committee, a
detailed description of the work flow over the course of a year, background
regarding the Brown Act, and background regarding conflicts of interest and
ethics under AB 1234 and FPPC requirements. For any advisory committee or
commission such as the Planning Commission with decisional authority, its
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
members should receive an orientation on requirements governing quasi‐judicial
approval processes, defined as proceedings, applications or other particular
matters involving a specific party or parties. These situations occur when, for
example, a commission is deciding whether to grant or revoke a use permit or
otherwise affect an individual’s right or entitlement, and is contrasted with the
commission acting in a legislative capacity where it is deciding whether to enact
or advise on an ordinance or regulation with broad applicability. For quasi‐
judicial decisions, members should disclose to their advisory commission or
committee the content of any meetings with residents, resident groups, developers
or prospective contractors or any persons outside of the public meeting process
concerning issues before the commission. As provided in the Commissioner
Handbook, page 19, members are encouraged to disclose the content of meetings
outside of the public meeting on legislative items as well. Commissioner Handbook,
p. 19. Staff liaisons should inform their respective advisory commission or
committee of relevant workshops and meetings, with this information being
available as well to members of the other advisory commissions or committees, in
the event that any of their members would like to broaden their knowledge base
with respect to the meetings and educational opportunities of other advisory
commissions and committees.
Statement of Ethical Obligations and Recommended Conduct. With regard to the
prior Code of Ethics brought forth by staff without consultation to the public or
Council, this subcommittee believes that adherence to legal requirements and
ethical conduct is paramount in service to the public. From the feedback from our
advisory commissions and committees, the prevailing sentiment is that there are
no aversions to a statement reflecting our already significant ethical obligations as
reflected under laws such as the Brown Act, and also reflecting the belief that as
public servants, we should lead by example with regard to how we conduct our
interactions with others. Commissioner Handbook, pp. 18, 26‐28. As such, the
subcommittee recommends that a succinct Statement of Ethical Obligations and
Recommended Conduct be provided to the public through the City website, and
in hard copy on an annual basis to the Council, to our advisory commissions and
committees, and to City staff to indicate our common understanding that we work
together in service to the City with democratic representation and public
oversight, under principles of integrity, and with standards of basic courtesy
meant to foster healthy discussion. It is the recommendation of the subcommittee
that, based upon the foregoing input from our advisory commissions and
committees, and following this study session and input from the public and City
Council, that the City Manager’s office working in concert with the City Attorney’s
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
office draft this Statement, and that the City Council review the Statement at a
future Council meeting.
Meeting Protocols and Meeting Minutes. The subcommittee makes the following
recommendations for Council to set policies with regard to the logistics and
record‐keeping of minutes in an effort to improve communications:
o The Chair of the advisory commission or committee runs the meeting and
decides the policies and procedures for interaction with the public
observing principles of equal treatment and availability of opportunity to
speak. For agendized items, at the Chairʹs discretion, the public can
interact with the members of the advisory commission or committee
beyond the public‐comment time limit in order to facilitate better
communication of the topic at hand. With respect to the qualitative nature
of such interactions, the purpose is to understand the various public
perspectives. Commissioner Handbook, pp. 16, 18, 19.
o Agenda packets should be comprehensive and include as much supporting
materials as available for transparency, including staff presentation
materials as part of the materials published together with the notice of the
meeting agenda. All meeting materials should be paginated in sequential
order from the beginning of the agenda to the end of the agenda. This is
integral to the basic function of communication within the context of any
given meeting and in any reference to such materials. The subcommittee
recommends that the paginated area include, in addition to the overall
page number: 1) an identification of the meeting; and 2) the date of the
meeting. This will help members of the public, the Council, and advisory
commissions and committees communicate better with each other and the
public with regard to background materials provided through the
mechanism of public notice as pertain to agenda items. In the rare instances
where supplemental documents are provided after the agenda has been
posted, staff will ensure the documents are clearly labeled with headers
indicating the meeting and item number.
o Any presentation and other materials not posted in the agenda packet
should be posted online after the meeting. These materials should also be
paginated with a clear indication that they were not included in the
materials released as part of the publicly‐noticed agenda.
o Discussion items and action items should be clearly and distinctly
identified as such.
o Advisory commissions and committees should strive to keep summary
minutes as opposed to action minutes. Currently, minutes are required of
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
all commissions, but the type of minutes is not specified. Commissioner
Handbook. p. 13. Most advisory commission and committee business
comprises discussions that is advisory in nature. Summary minutes should
include summaries of each comment from a member of the public. An
increasingly feasible alternative or tool in this effort with the current state
of improving technology is the use of automatic transcription. If automatic
transcription is made available to supplement official minutes, action
minutes may be sufficient.
o If transcriptions of the meetings are not available, meetings of the advisory
commissions and committees should be video recorded. Where higher‐
quality video‐recording is not available, simpler video recording is
preferable to audio recording.
o When providing recommendations to the Council, in addition to the
specific vote, staff should provide summaries of the positions of an
advisory commission or committee in both the majority views and
minority views. The Council requires the scope of the diversity of
viewpoints represented.
o Draft Minutes should be posted online as soon as they are available, within
one month of a meeting in order to ensure the timely availability of a
description of the scope of meetings. Certain advisory commissions and
committees that meet on a quarterly basis, for example, will not be
available to meet to approve the minutes until three months following their
prior meeting.
o Currently, commissions may adopt their own parliamentary procedure
with Council approval. In the absence of any parliamentary procedure,
Robert’s may be followed. No commissions have formally adopted their
own parliamentary procedure. For Council meetings, according to
Ordinance No. 006 (Attachment C), Council may also adopt specific rules
and procedures, but in the absence of any such procedures, the Council is
governed by “Robert’s Rules of Order—Revised” 75th Anniversary
Edition as published in 1951. This ordinance went into effect in 1955. At
the November 20, 2018 Council meeting, Council voted to adopt
Rosenberg’s Rules of Order for commissions, committees, and Council,
however, the implementation of this was placed on hold to allow for
additional feedback and a report by the subcommittee. In summary,
Rosenberg’s Rules of Order is a simplified version of Robert’s Rules of
Order. It takes a subset of the most commonly used rules of procedure to
help people to better understand how meetings are run in the smaller
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
government bodies. A table comparing Rosenberg’s Rules of Order,
Robert’s Rules of Order, and current practices for City Council meetings
can be found in Attachment B.
Regular updates. Advisory commissions and committees should provide periodic
written updates to Council regarding the status of their activities. The
subcommittee recommends that the frequency of these updates be determined by
the respective advisory commissions and committees but be no less frequent than
every three months. Similarly, the subcommittee recommends that the length of
these updates be determined by each advisory commission and committee with
an encouragement to strive to be both comprehensive and succinct.
Agendas and Work Programs. Generally, work programs should govern agendas.
This applies both to Council agendas and the agendas of its advisory commissions
and committees. However, past experience has indicated the obvious need for
flexibility with regard to adding items to agendas. The subcommittee
recommends that two members of an advisory commission or committee be
required to add an item to agendas, with the understanding that for the purpose
of effective planning, our advisory commissions and committees should strive as
a general matter to work together on annual work programs and aim over the
course of the year to address those items. The timing of when agenda items added
by commission members are considered should be determined by the Chair of the
advisory commission or committee with the designated staff liaison providing
assistance as needed or advice as requested. Commissioner Handbook, p. 13. The
subcommittee also recommends that Council, for its part, consider how its annual
work program items can be improved by interacting with its advisory
commissions and committees, perhaps with an extra column on the draft and final
work program spreadsheets entitled “Advisory Commission(s)/Committee(s)”
which could then identify the possible synergies. Furthermore, the subcommittee
recommends that Council reach out to its advisory commissions and committees
prior to the first draft of the Council work program, to ask for recommendations
of items to add. Since a commission could then look to the Council work program
to see which of its recommended items were included, this process may further
support the end goal of having work programs reflect the goals and policies of the
City Council. Commissioner Handbook, p. 13. If, for instance, the first draft of the
Council work program is presented in February as it was this year, then advisory
commissions and committees should be asked by no later than January to provide
recommendations as to what items they would like to see Council consider adding
to its work program for the upcoming fiscal year. The subcommittee also
recommends that the current‐year and prior‐year work programs of Council and
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Public Engagement: Improving Council Communications with Advisory Commissions and Committees
its advisory commissions and committees be posted on the City’s website. For
active current‐year work programs, the subcommittee recommends that staff
provide quarterly updates as to the status of each item and addend the work
programs accordingly. The subcommittee further recommends that advisory
commissions and committees have the discretion to add items requiring minimal
amounts of budgetary and staffing‐based resources. For additional items beyond
those identified in an annual work program that would require significant
amounts of budgetary and staffing‐based resources, such items should be
considered for inclusion in the subsequent year’s work plan, but if such an item
requires earlier consideration, the subcommittee recommends that Council
approval be required.
Attachments:
A – Advisory Commission and Committee Feedback Summary
B – Robert’s and Rosenberg’s Rules of Order Comparison Table
C – Ordinance No. 006 on Council Procedural Rules
D – 2019 Commissioner Handbook
CC 07-16-19 #2
Small Cell
Written Communications
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
AMENDED CITY COUNCIL STAFF REPORT
Meeting: July 16, 2019
Subject
Study Session on Small Cell Facilities within the Public Right of Way.
Recommended Action
For the City Council to conduct a study session on legal requirements related to installation of
small cellular facilities on City street light poles in the public right of way, and related City of
Cupertino guidelines and procedures, and provide any input.
Background
Various wireless providers have approached the City of Cupertino regarding installation of
small cellular equipment on City-owned street light poles. Small cellular equipment includes
antennae and associated cellular facilities that help enhance the coverage and capacity of
cellular networks. Such small cell facilities will help to make implementation of the fifth
generation of cellular services, or “5G”, more effective.
Relative to macrocell towers, small cell antennae are characterized by their smaller size, lower
power output, smaller coverage area, and potentially higher signal frequency and faster
transmission speeds with the implementation of 5G technology. For example, a typical
macrocell tower has a power output between 20-40 watts, whereas a small cell antenna has a
considerably lower power output that ranges between 1-5 watts. The higher frequency signals
do not travel as far and have a harder time penetrating materials, including vegetation and
structures.
The available spectrum licensed for cellular use is extremely scarce and expensive, and given
that cellular usage by the public has increased exponentially in the last 20 years, wireless
providers have needed to find ways to overcome this limitation in available frequency. Small
cell facilities achieve this by repeating and reusing the same frequencies at different locations in
a geographic area, and therefore have been recognized by industry leaders as an important
method of increasing a wireless provider’s cellular network capacity, quality and coverage, as
each small cell acts as an individual node for the carrier’s licensed spectrum.
2
The City of Cupertino has established agreements with five companies for installation of small
cell facilities on City-owned street light poles in the City’s right of way. The five companies
include Verizon, AT&T, Extenet, Crown Castle, and Mobilitie.
Of these five companies, Verizon and AT&T are actively seeking permits for small cell
installations in the right of way throughout the City, both in commercial areas and within
residential zones, in order to improve the data capacity and coverage of their networks.
Verizon has installed approximately twelve of these facilities in commercial zones such as along
De Anza Boulevard and Stevens Creek Boulevard, and is seeking permits for additional
locations.
Federal Requirements on Placement of Small Cell Facilities
Federal law places certain limits on a local jurisdiction’s ability to regulate wireless facilities
generally and on September 27, 2018 Federal Communications Commission (FCC) order placed
additional limits on local jurisdictions’ regulation of small cell facilities installed in the public
right of way. Key limits on local regulation are summarized below:
Denying Wireless Applications Based on Health Concerns
Under federal law, the City may not base its regulation of wireless facilities, including a
decision to deny a wireless project, on radio frequency (RF) emissions from a facility, as long
as those emissions meet FCC emission standards. Concerns over the effects of RF emissions
from cellular equipment, including small cell facilities, include concerns regar ding the health
effects of these emissions. This means that the City may not deny a permit application for a
cellular facility based on concerns over the health effects of the equipment.
Regulation with the Effect of Prohibiting Wireless Service
Federal law also prevents a local government from regulating wireless service in a manner
that prohibits or has the effect of prohibiting the provision of personal wireless services.
Thus, local jurisdictions cannot establish rules or regulations that would ban wireless facilities
outright, or that would effectively prohibit installation of wireless facilities. The FCC’s
September 2018 order specified further that denying applications for facilities that are
intended to improve a carrier’s existing service would amount to effective prohibition on
wireless services. This means that a jurisdiction cannot deny a service provider’s wireless
facility application on the basis that the jurisdiction finds the provider’s existing coverage
adequate. The FCC’s order also prohibits the City from enforcing a blanket prohibition on
installation of small cell facilities in a particular area or neighborhood. However, the City
could have grounds to deny a specific placement if there is a reasonable alternative available.
“Shot Clocks” for Review of Small Cell Facility Applications
Federal law also requires local governments to act on applications for new wireless facilities
within “a reasonable period of time.” The FCC’s September 2018 order sets new time limits, or
“shot clocks,” defining presumptively reasonable periods of time for review of small cell
3
facility applications. Under the FCC’s order, a jurisdiction has 60 days to review an
application for placement of a small cell facility on a preexisting structure—such as an existing
streetlight, utility pole, or traffic signal—and 90 days for review of an application for
attachment of small cell facility to a new or replacement structure. The shot clocks begin to
run the day after an application is submitted. Once submitted, the City has 10 days to review
the application for completeness. If the City notifies the applicant that its application is
incomplete, the shot clock is paused while the applicant gathers the information needed to
complete the application. Overall, the City is required to review and make a determination on
small cell applications in a relatively short amount of time, placing additional pressure on the
application process.
The City’s current process for accepting and reviewing applications for small cell facilities in
the public right of way involves the following steps:
1. Identifying Placement of Facilities – An applicant reaches out to the City and proposes a
location and a design, and City staff reviews the location to ensure the facility will not
cause a public safety issue, such as obstructing vehicular and pedestrian sight lines, or
result in a barrier to ADA access. City staff also works with the applicant to ensure that
each proposed location is the least intrusive location in the surrounding vicinity.
2. Initial Submittal - Conceptual drawings are provided to City staff for review and
comment. This package includes a vicinity map, a photo of the pole, and a photo
simulation showing the layout and location of proposed equipment. The City reviews
the Initial Submittal for compliance with the City’s guidelines, for location concerns,
and for aesthetic qualities and features of the equipment.
3. Notification - After the Initial Submittal has been reviewed and approved, the applicant
is required to mail courtesy letters to all residents within 300’ of the facility.
Cupertino’s notification process is comparable to the processes of other jurisdictions,
which have notification radii ranging from 250’ up to 600’. Property owners notified of
a small cell installation have 14 days to respond to the notification. Each applicant
provides a representative to act as a point of contact for notified property owners. The
representative retains a report of all inquiries received and the disposition of each.
These inquiries are then provided to City staff for review. While the City cannot deny a
permit application based on concerns regarding the health effects of RF emissions or
other environmental concerns, as noted above, all concerns are reviewed and any
concerns that the City has the ability to act on are considered and incorporated where
possible.
4. Final Submittal – The applicant submits a complete construction application package to
the Public Works Department that addresses the City Engineer’s comments and
concerns. Once all requirements have been addressed, the Public Works Department
will issue the necessary permits to the applicant.
4
Using the above process, the City has been able to review and approve applications within the
shot clock timeframe. City staff has found that working collaboratively with service providers
and establishing a clear and predictable timeline has facilitated the application process.
Discussion
Federal requirements have left cities limited room to regulate the placement of small cell
facilities. City staff has worked proactively to establish reasonable guidelines to ensure both
that these facilities do not interfere with or visually detract from the City’s right of way, and
that the City remains compliant with legal requirements. City staff held numerous meetings
with AT&T, Verizon, Crown Castle, Mobilitie, and PG&E on design and aesthetic standards for
new small cell facilities in Cupertino. From these meetings, a common design and dimension
standard was established that accommodates each service provider’s equipment (and PG&E),
and that integrates well with the appearance of the existing infrastructure. The standard design
effectively shrouds the facilities and ensures a consistent look among the carriers. This design
standard was presented to the City Council on May 16, 2017, and the Council accepted the
standard with the approval of the license agreements with the wireless service providers.
An additional issue, not directly related to legal requirements or aesthetics, is whether small cell
facilities may negatively affect property values. On this point, City staff reviewed a 2012 report,
Wireless Facilities Impact on Property Values, prepared by Joint Venture Silicon Valley in
conjunction with the Silicon Valley Association of Realtors and the Santa Clara Realtors
Association. The report states that the distance from a wireless facility to a home had no
apparent impact on the value or sale price of homes in the Silicon Valley area. (See Attachment
A and the link below). Staff is unaware of any other studies that have evaluated the correlation
of property values and proximity to cellular facilities.
(https://jointventure.org/images/stories/pdf/WirelessFacilitiesImpactOnPropertyValues.pdf )
Sustainability Impact
No sustainability impact for hearing this report.
Fiscal Impact
No fiscal impact for hearing this report.
_____________________________________
Prepared by: Chad Mosley, City Engineer
Reviewed by: Roger Lee, Director of Public Works
Approved for Submission by: Deborah Feng, City Manager
Attachments:
A - Small Cell Design Standards
B - Wireless Facilities Impact on Property Values, November 2012 – Joint Venture Silicon Valley
Network
C - Guidelines for Small Cells on City Owned Poles, 2019-04-09
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
PH: (408) 777-3354
FX: (408) 777-3333
PUBLIC WORKS DEPARTMENT
April 9, 2019
GUIDELINES FOR ENCROACHMENT PERMIT SUBMITTALS FOR
WIRELESS COMMUNICATIONS FACILITIES ON CITY OWNED POLES
The City of Cupertino seeks to permit wireless carriers to install small wireless
communications facilities, within the public right-of-way, in order to provide robust cellular
coverage and capacity throughout the City; while ensuring facilities are well-maintained and
do not significantly detract from City streetscapes.
The City does not regulate the technologies wireless carriers use, but it does have certain
powers to regulate the time, place, manner and aesthetics of wireless communications facilities.
These guidelines are intended only to convey design preferences that may not necessarily apply
to every facility.
These guidelines also do not address pole selection. However, the City recommends that
wireless carriers avoid pole locations where equipment would be in front of architecturally
significant features, or in locations where they would have visual impacts of significance.
Wireless providers should be made aware of the City’s preference for installation of small cell
facilities on City owned street lights, due to the improved aesthetic qualities of these facilities.
Wireless providers should work with the City to establish an agreement for the use of City
owned street lights.
Below are requirements and guidelines to aid wireless providers in planning facility locations
and compiling the necessary information to obtain encroachment permits for wireless facilities
on City owned poles. Wireless communications providers are also directed to review and
comply with the City’s “Wireless Facilities Master Plan” that can be found on the City’s
website.
Recommended Design Elements
Preferred Equipment Configurations:
1) To the maximum extent practical, equipment shall be placed in below grade
vaults.
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 2
2) Where equipment cannot be placed in below grade vaults, the wireless
facility designer shall to maximum extent possible, conceal equipment
within the antenna shroud, and behind street signs located on the pole.
3) Where facilities cannot adequately be hidden within the shroud and behind
street signs on the pole, the wireless facility designer shall utilize a pole
design with an integrated base enclosure to conceal equipment.
When utilizing the base enclosure design, the wireless facility
designer shall choose poles that are located outside of driveway and
intersection sight lines, as established by City standard details (7-2, 7-
4 & 7-6).
Initial Submittal Requirements:
All encroachment permit applications for small cell facilities within the public right of
way shall be submitted to the Public Works Department for review. The submittal
shall show the proposed location and the facilities planned for construction, with a
photo-simulation depicting the existing and proposed conditions. The submittal shall
also provide information on the anticipated power consumption (total wattage) of the
facility, and whether or not fans are being proposed. New facilities located in
residential areas shall be of a type that does not emit noise. The submittal for any
location where a fan is proposed shall include information on the anticipated DBA
levels, and shall show compliance with the City of Cupertino’s noise ordinance.
Public Works will review the proposed location and facilities for general compliance
with build-outs that minimize visual impacts. Features that help to minimize visual
impacts include:
Proposed equipment that is located in underground vaults, to maximum extent
possible.
Concealing equipment in the antenna shroud and behind street signs.
Concealing equipment within a base enclosure integrated into the pole.
Concealing wires from view;
Locating new facility installations near property corners or side property lines,
and not directly in front of residences and businesses;
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 3
Minimizing views from habitable living areas (such as bedrooms or living
rooms) of residential units which directly face the antenna within 100 feet
horizontal distance;
Ensuring there are no flashing lights or large repetitive warning stickers that
are unnecessary, distracting, poorly placed, or non-essential. Warning stickers
shall be placed where appropriate, and not at pedestrian eye level, unless
directed to do so by the FCC or other regulatory agencies;
Ensuring that pole height increases are not excessive and/or unnecessary;
Minimizing equipment offsets from poles;
The initial review process may result in the Public Works Department having
comments or concerns regarding the proposed design and location. The Public
Works Department may request that facilities be relocated and/or the design be
modified to better fit the existing features.
The applicant shall ensure that the operation of new facilities will not cause
interference with existing facilities, such that an existing facility would be required to
increase its power source or install other equipment to continue proper service. These
potential impacts should be considered, measured and mitigated prior to approval of
a new facility.
After the Public Works Department deems the initial submittal acceptable, the
applicant will be required to notify the surrounding property owners.
Notification Process:
After the City has vetted and provided preliminary approval of a site and the
proposed design, the applicant is required to notify all property owners and residents
within 300-feet of the proposed installation. Notification material to residents will
include a description of the project and the purpose of the proposed facility. The
Applicant will provide to the City a mailing list for both owners and tenants
(occupant designation for tenants is acceptable) to be notified of the proposed facility
installation.
Direct Mailers/Courtesy Letter
Those property owners whose properties are nearest to the proposed facilities shall be
notified by registered mail via the U.S. Postal Service. Property owners will be given
14 calendar days to contact the applicant with any questions or concerns.
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 4
The letter will provide a description of the purpose of the proposed facility and a map
identifying the proposed location of the cabinet. In addition, photo simulations of the
proposed equipment and site are to be included. The notification shall also include a
telephone number or email address for the Applicant’s Community Liaison, with
whom property owners can contact with questions or concerns regarding the facility.
The Applicant’s Community Liaison shall reply to all inquirers within 48 hours of
contact. Additionally, the notification shall include a contact number for the Public
Works Department– (408) 777-3354 - so that property owners can contact the City
directly, if they so prefer. The applicant shall log all contact with property owners,
which shall include the date, owner/resident’s name, address and the specific
questions or concerns the owner/resident has regarding the facility. The applicant
shall inform the Public Works Department of all inquiries received during the
notification period, so that the Public Works Department may assess the comments
and concerns regarding the application, and work with the applicant to address these
concerns to the maximum extent practicable.
Final Submittal Requirements:
After the notification period is concluded, and the applicant and the City have
worked to address the comments and concerns received through the notification
process, the applicant will submit to the Public Works Department the final
Encroachment Permit Application which will include:
Completed Encroachment Permit Application
Final Improvement Plans (including photo simulations)
Traffic Control Plans
Contractor’s Insurance Certificate (with the City of Cupertino named as
additionally insured)
List of properties to receive construction notification Door Hangers
(See Attachment A for Cupertino Design Preferences Checklist)
Door Hanger Notice
After the Public Works Department approves and encroachment permit, and at least 1
week before commencement of construction activities, the applicant shall place a
“Door Hanger” Notice at all properties that will be affected by construction of the
facilities. This notice will inform the property owners of the upcoming construction
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 5
and will offer a contact number for the applicant so that property owners can call in
construction related inquiries and concerns.
Post-Construction Requirements:
After the facility has been constructed, the Applicant will be required to cover all
reasonable costs associated with the measuring, recording, reporting and monitoring
of emissions, including EMR/RF and noise associated with the wireless
communications facility. Such information shall be provided, within 30 days of
activation of the equipment, in an Activation Report which shall be made available to
any interested party through the City of Cupertino’s Public Works Department.
The Activation Report shall be prepared by a certified professional engineer, or other
technical expert approved by the City of Cupertino, and shall provide information
that demonstrates the facility will not cause any potential exposure to RF emissions
that exceed adopted FCC standards for human exposure. Testing shall be conducted
in compliance with FCC regulations governing the measurement of RF emissions and
shall be conducted during normal business hours on a non-holiday week day with the
subject equipment measured while operating at maximum power. For all
measurements made, evidence must be submitted showing that the testing
instrument(s) used were calibrated within their manufacturer's suggested periodic
calibration interval, and that the calibration is by methods traceable to the National
Bureau of Standards. At the sole option of the City Engineer, an agent of the City
may monitor the performance of testing required for preparation of the Activation
Report.
Notification prior to Activation Report
The Applicant shall undertake to inform and perform appropriate tests for residents
of dwelling units located within 100 feet of the transmitting antennae at the time of
testing for the Activation Report.
At least 14 calendar days prior to conducting the testing required for
preparation of the Activation Report, the Applicant shall notify the
Department of Public Works, and shall send a letter, via registered mail
through the U.S. Postal Service, to the resident of any dwelling unit within 100
feet of a transmitting antenna, notifying them of the date on which testing will
be conducted.
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 6
Residents notified of the testing may request, in advance of the test, that the
Applicant conduct testing of total power density of RF emissions within the ir
residence on the date on which the testing is conducted for the Activation
Report.
Within 30 days of the installation and operation of the facilities, the Applicant
shall confirm in writing to the Public Works Department, through an
Activation Report, that the facilities are being maintained and operated in
compliance with applicable Building, Electrical and other Code requirements,
as well as applicable FCC emissions standards.
(See Attachment B for Wireless Communications Facility Project Completion Checklist)
Key Milestones
1. Identify placement of facilities - Applicant will develop a deployment plan and
schedule, and will share this information with the Public Works Department.
Applicant shall work with the City of Cupertino regarding the planned build out
of wireless communications facilities, and shall supply a map of proposed siting
locations as plans and information become available.
2. Complete field verification – Applicant shall have an engineer visit each individual
location/area to identify living units, building addresses, existing facilities,
distance measurements, Public Right of Way and private property lines. The
Engineer shall also identify other potential sites for Small Cell Facilities in the
event that the Applicant’s first choice is not realized. Applicant will consider
public safety, aesthetics, the overall network design, and will be consistent with
all siting criteria agreed to with the City of Cupertino.
3. Initial Submittal – Applicant shall submit an initial location package to the City of
Cupertino for review and comment. The package shall include a vicinity map, a
photo of the pole, and a simple photo sim showing the layout and location of
proposed equipment. The City will review the Initial Submittal for compliance
with these guidelines, location concerns and for aesthetic qualities and features of
the equipment. The City may request, at this time, that alternative locations or
design features be utilized or considered. Applicant shall work with the City to
address initial comments and concerns prior to the notification process.
4. Notification - After the Public Works Department reviews and supports the
wireless communications facility placement location and layout, Applicant will
mail courtesy letters to all residents within 300’ of the facility.
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 7
5. Response to Inquiries - Applicant will provide a Community Liaison to act as a
point of contact for notified property owners. The Community Liaison will retain
an inquiry report of all inquiries received and the disposition of each. Applicant
will respond to all customer inquiries within 48 hours. Customer concerns will be
identified and reviewed by Applicants Construction & Engineering staff.
6. Inquiry Report - Applicant will provide a report to the City detailing all customer
inquiries. The information will include customer name, date of receipt, date of
response, contact information and resolution. Public Works will review inquiries
from residents and will provide recommended actions for the Applicant to follow.
These actions may consist of revising the proposed wireless communications
facility location or scope, re-notifying affected residents of modifications to
facilities and/or requesting installation of additional screening for facilities.
7. Final Submittal – When the notification process and subsequent rectification has
been completed to the satisfaction of the City Engineer, the Applicant will submit
a complete application package to the Public Works Department that addresses
the City Engineer’s comments and concerns. Once all requirements have been
addressed, the Public Works Department will issue the necessary permits to the
applicant.
8. Construction Notices – The Applicant will have a door hanger delivered to
residents affected by construction of the facilities after the necessary permits have
been issued, and at least 1 week prior to commencement of construction.
9. Post-Construction Activation – After the wireless communications facility has been
constructed, and within 30 days of activation, the Applicant will be required to
measure, record and report on the emissions from the facility. The Activation
Report shall verify whether or not the equipment is complying within the
acceptable emission limits as established by FCC standards and/or other relevant
government agencies.
Policies and Requirements:
These guidelines are meant to provide a general overview of the procedures and
requirements for installation of wireless telecommunications facilities on City owned
poles located within the public right of way. Additional conditions, information
and/or procedures may be necessary based on the circumstances, project scope and
the location being proposed by the Applicant, or as deemed necessary by the City
Engineer.
The Applicant or its successors shall comply fully with all conditions specified in
these guidelines, or as modified by the City Engineer. Failure to comply with any
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 8
condition shall constitute grounds for revocation. In the event that the Activation
Report includes a finding that RF emissions for the site exceed FCC Standards, the
Applicant will be required to immediately cease and desist operation of the facility
until such time that the violation is corrected to the satisfaction of the City Engineer.
Any carrier/provider authorized by the City Engineer to operate a specific wireless
communications facility installation may assign the operation of the facility to another
carrier licensed by the CPUC and FCC for that radio frequency provided that such
transfer is made known to the City Engineer in advance of such operation, and all
conditions of approval for the subject installation are carried out by the new
carrier/provider.
Please contact the Public Works Department at (408) 777-3354, or by email at
engineering@cupertino.org, with any questions or concerns regarding these
guidelines.
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 9
ATTACHMENT A
Information to be shown on Plans and Simulations to ensure clarity
YES NO
1 Cover Sheet | Show the correct project site location on cover sheet (with a vicinity
map). Indicate the street address(s) for the nearest building(s).
2 Cover Sheet | Provide a clear project description describing types and numbers of
equipment. Also indicate if pole will be replaced (with existing and proposed heights)
or if any existing road signage is proposed to be relocated or removed.
3 Cover Sheet | Provide information in a checklist format to ensure conformance by
installers.
4 Site Plan | Show location of the proposed pole with relation to the existing travelled
way, property lines, sidewalks, structures within 20’ of the pole, and other surface
equipment/facilities.
5 Site Plan | Show location of any new vaults proposed.
6 Elevation Sheet | Show location of any warning stickers. RF warning sticker shall be
facing out to street and near antenna, or away from street and near antenna if no
window within 50 feet.
7 Elevation Sheet | Indicate height to top of pole, antenna, top and bottom of
equipment enclosures.
8 Elevation Sheet | Show any street signage that will is to be placed on the pole, and
that is used to screen small cell equipment. Ensure signage and equipment are shown
to scale. Relocated signage shall be placed at an elevation that is consistent with the
original height of the signs.
9 Elevation Sheet | Show equipment stacked together as close as possible while
complying with airflow requirements.
10 Elevation Sheet | Ensure other elements (e.g. NEMA, PBX or J boxes), ground bus
bars, and base plate mounts are shown, if utilized.
11 Elevation Sheet | Clearly show offset (distance) of equipment cabinets from pole,
including the maximum offset from the pole to the outermost edge of facilities.
12 Photo Simulations | Show equipment sizes, enclosures, signs and offsets correctly.
13 Photo Simulations | Show RF warning stickers, if visible from given perspectives.
14 Photo Simulations | Use perspectives that provide a true sense of distance to nearest
residential windows or primary facades of buildings, as well as scale of the facilities.
Wireless Communication Facilities on City Owned Poles
April 9, 2019
Page 10
ATTACHMENT B
Site Completion Checklist
YES NO
1 Spacing of Support Elements: Support equipment (e.g. Disconnect Switch and
Mrrus) to be clustered (vertically) as close as technically feasible on pole.
2 Logo Removal: All equipment logos, other than those required by regulation (e.g.
node identification of shutdown signage) shall be painted over or removed.
Raised/Depressed logos/text on equipment enclosures (e.g. RRUs), if present to
be sanded off, or covered with a sticker, and then painted.
3 Signage: FCC mandated RF warning signage shall face out to street when wireless
facility is located in front of, or near a window. Signage shall face toward building
if there are no windows present.
4 Notification: 14 days prior to performing emissions testing, applicant shall inform
residents of dwelling units within 100 feet, and offer to perform a test in their
dwelling.
5 Testing: Measure and record emissions, including EMR/RF and noise.
6 Report: Within 30 days of activation, applicant will submit an activation report to
the Public Works Department.
CC 07-16-19 #14
UnrepresentedMOU
Written Communications
CC 7-16-19, #14
1
City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter
defined and designated either as management or confidential positions shall be eligible for
participation under the Unrepresented Employees Compensation Program as hereby adopted by
action of the City Council and as same may be amended or as otherwise modified from time to
time.
It is the stated purpose of this Compensation Program to give recognition to and to
differentiate those eligible employees from represented employees who achieve economic gain
and other conditions of employment through negotiation. It is the intent that through this policy
and those which are adopted or as may be modified or rescinded from time to time such
recognition may be given.
Eligibility for inclusion with this Compensation program is limited to persons holding
positions as management or confidential employees as defined under section 2.52.290 of the
Cupertino Municipal Code. These are as designated by the Appointing Authority and may be
modified as circumstances warrant.
Although subject to change in accordance with provision of the Personnel Code, the
positions in the following classifications have been designated as unrepresented.
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:
Classification Title
Accountant I
Accountant II
Accounting Technician
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development/Building Official
Assistant Director of Public Works/City Engineer
Assistant Director of Recreation and Community Services
Assistant to the City Manager
Building Official
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head)
City Architect
City Clerk
City Engineer
CC- 07-16-19 #14
14
Formatted ... [1]
City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN ‐ EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which employees in Management and Confidential positions and their dependents may
be covered. The purpose of this program is to promote and preserve the health of employees and
their families through comprehensive health plans available only through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate
responsibility of the employee in these positions, the City shall contribute the amounts listed
below towards the premium or pay the full cost of the premium if less than the stated amounts.
If the premium amounts for any employee covered by this policy are less than the amounts listed
below per month, the difference between the premium amount and the stated amounts will be
included in the employee’s gross pay.
Effective
January 1, 2020
City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1,443.09 126.78 1,569.87
Employee +2 1,876.01 126.78 2,002.79
January 1, 2021 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 891.32 126.78 1,018.10
Employee +1 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1,062.66
Employee +1 1,591.01 126.78 1,717.79
Employee +2 2,068.31 126.78 2,195.09
Health In Lieu Payments
The City shall provide a payment of $375 per month in lieu of health care premiums, for
AppointedUnrepresented employees who provide proof of alternate coverage. This payment
shall be in the form of a contribution to the employee’s deferred compensation plan.
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Formatted ... [30]
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Formatted ... [33]
Formatted ... [34]
Formatted ... [35]
Formatted ... [36]
Formatted ... [37]
Formatted ... [38]
Formatted ... [39]
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CC- 07-16-19 #14
36
Formatted: English (United States)
ATTACHMENT A
SALARY SCHEDULE
Salary Effective First Full Pay Period after Council Adoption
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I
$
40.23
$
42.24
$
44.35
$
46.57
$
48.89
ACCOUNTANT II
$
44.34
$
46.56
$
48.89
$
51.34
$
53.90
ACCOUNTING TECHNICIAN
$
39.90
$
41.89
$
43.99
$
46.19
$
48.50
ADMINISTRATIVE ASSISTANT
$
35.09
$
36.84
$
38.69
$
40.62
$
42.65
ASSISTANT CITY ATTORNEY
$
80.13
$
84.14
$
88.34
$
92.76
$
97.40
ASSISTANT CITY MGR
$
106.67
$
112.01
$
117.61
$
123.49
$
129.66
ASSISTANT TO THE CITY MANAGER
$
61.24
$
64.30
$
67.51
$
70.89
$
74.43
ASST DIR COMM DEV/BUILDING OFFICIAL
$
76.32
$
80.13
$
84.14
$
88.35
$
92.76
ASST DIR PARKS AND RECREATION
$
76.32
$
80.13
$
84.14
$
88.35
$
92.76
ASST DIR PUBLIC WORKS/CITY ENGINEER
$
79.40
$
83.36
$
87.53
$
91.91
$
96.51
BUSINESS SYSTEMS ANALYST
$
52.03
$
54.63
$
57.36
$
60.23
$
63.24
CAPITAL IMPV PROGRAM MGR
$
66.16
$
69.46
$
72.94
$
76.58
$
80.41
CHIEF TECHNOLOGY OFFICER
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
CITY CLERK
$
61.94
$
65.04
$
68.29
$
71.71
$
75.29
CITY ENGINEER
$
79.40
$
83.36
$
87.53
$
91.91
$
96.51
COMMUNITY RELATIONS COORDINATOR
$
40.45
$
42.47
$
44.60
$
46.83
$
49.17
DEPARTMENT HEAD
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DEPUTY BUILDING OFFICIAL
$
61.99
$
65.08
$
68.34
$
71.76
$
75.34
DEPUTY CITY ATTORNEY
$
57.66
$
60.54
$
63.57
$
66.74
$
70.08
DEPUTY CITY CLERK
$
44.20
$
46.41
$
48.73
$
51.17
$
53.73
DEPUTY CITY MANAGER
$
72.60
$
76.24
$
80.05
$
84.05
$
88.25
Formatted: Centered
CC- 07-16-19 #14
37
Formatted: English (United States)
DIRECTOR OF ADMIN SERVICES
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DIRECTOR OF COMM DEVELOPMENT
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DIRECTOR OF PARKS AND RECREATION
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DIRECTOR OF PUBLIC WORKS
$
96.98
$
101.82
$
106.92
$
112.26
$
117.88
ECONOMIC DEVELOPMENT MANAGER
$
68.18
$
71.59
$
75.17
$
78.93
$
82.87
EMERGENCY SERVICES COORDINATOR
$
40.45
$
42.47
$
44.60
$
46.83
$
49.17
ENVIRONMENTAL PROGRAMS MANAGER
$
61.64
$
64.72
$
67.96
$
71.36
$
74.92
EXEC ASST TO CITY MANAGER
$
41.23
$
43.29
$
45.46
$
47.73
$
50.12
EXEC ASST TO THE CITY ATTNY
$
40.22
$
42.23
$
44.35
$
46.56
$
48.89
FINANCE MANAGER
$
70.54
$
74.06
$
77.77
$
81.65
$
85.74
GIS PROGRAM MANAGER
$
68.64
$
72.07
$
75.67
$
79.46
$
83.43
HUMAN RESOURCE ANALYST I
$
48.15
$
50.55
$
53.08
$
55.74
$
58.52
HUMAN RESOURCES ANALYST II
$
53.08
$
55.74
$
58.52
$
61.45
$
64.52
HUMAN RESOURCES ASSISTANT
$
29.14
$
30.60
$
32.13
$
33.73
$
35.42
HUMAN RESOURCES MANAGER
$
70.54
$
74.06
$
77.77
$
81.65
$
85.74
HUMAN RESOURCES TECHNICIAN
$
39.90
$
41.89
$
43.99
$
46.19
$
48.50
I.T. ASSISTANT
$
39.24
$
41.20
$
43.26
$
45.42
$
47.69
INNOVATION AND TECH MGR ‐ APPLICATIONS
$
68.64
$
72.07
$
75.67
$
79.46
$
83.43
INNOVATION AND TECH MGR ‐
INFRASTRUCTURE
$
68.64
$
72.07
$
75.67
$
79.46
$
83.43
LEGAL SERVICES MANAGER
$
41.54
$
43.61
$
45.80
$
48.08
$
50.49
MANAGEMENT ANALYST
$
48.56
$
50.99
$
53.54
$
56.21
$
59.03
NETWORK SPECIALIST
$
50.20
$
52.71
$
55.34
$
58.11
$
61.02
PARK RESTORATION IMPV MGR
$
66.16
$
69.46
$
72.94
$
76.58
$
80.41
PERMIT CENTER MANAGER
$
61.99
$
65.08
$
68.34
$
71.76
$
75.34
CC- 07-16-19 #14
38
Formatted: English (United States)
PLANNING MANAGER
$
68.91
$
72.36
$
75.97
$
79.77
$
83.76
PUBLIC AFFAIRS MANAGER
$
60.30
$
63.32
$
66.48
$
69.81
$
73.30
PUBLIC INFORMATION OFFICER
$
61.24
$
64.30
$
67.51
$
70.89
$
74.43
PUBLIC WORKS PROJECT MANAGER
$
58.15
$
61.06
$
64.11
$
67.32
$
70.68
PUBLIC WORKS SUPERVISOR
$
50.48
$
53.00
$
55.65
$
58.44
$
61.36
RECREATION MANAGER
$
51.80
$
54.38
$
57.10
$
59.96
$
62.96
RECREATION SUPERVISOR
$
46.98
$
49.33
$
51.80
$
54.38
$
57.10
SENIOR ACCOUNTANT
$
51.34
$
53.91
$
56.60
$
59.43
$
62.40
SENIOR ASSISTANT CITY ATTORNEY
$
88.15
$
92.56
$
97.19
$
102.05
$
107.15
SENIOR CIVIL ENGINEER
$
68.76
$
72.20
$
75.81
$
79.60
$
83.58
SENIOR MANAGEMENT ANALYST
$
53.08
$
55.74
$
58.52
$
61.45
$
64.52
SERVICE CENTER SUPERINTENDENT
$
64.10
$
67.30
$
70.67
$
74.20
$
77.91
SUSTAINABILITY MANAGER
$
61.64
$
64.72
$
67.96
$
71.36
$
74.92
TRANSPORTATION MANAGER
$
73.21 $
70.39
$
76.87 $
73.91
$
80.71 $
77.61
$
84.75 $
81.49
$
88.98 $
85.56
WEB SPECIALIST
$
44.38
$
46.60
$
48.93
$
51.38
$
53.95
Salary Effective First Full Pay Period in July 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I
$
41.63
$
43.71
$
45.90
$
48.20
$
50.61
ACCOUNTANT II
$
45.90
$
48.19
$
50.60
$
53.13
$
55.79
ACCOUNTING TECHNICIAN
$
41.30
$
43.36
$
45.53
$
47.81
$
50.19
ADMINISTRATIVE ASSISTANT
$
36.32
$
38.13
$
40.04
$
42.04
$
44.14
ASSISTANT CITY ATTORNEY
$
82.94
$
87.08
$
91.44
$
96.01
$
100.81
ASSISTANT CITY MGR
$
113.39
$
119.06
$
125.01
$
131.26
$
137.82
CC- 07-16-19 #14
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Formatted: English (United States)
ASSISTANT TO THE CITY MANAGER
$
65.09
$
68.34
$
71.76
$
75.35
$
79.12
ASST DIR COMM DEV/BUILDING OFFICIAL
$
81.12
$
85.18
$
89.44
$
93.91
$
98.60
ASST DIR PUBLIC WORKS/CITY ENGINEER
$
84.39
$
88.61
$
93.04
$
97.70
$
102.58
ASST DIR PARKS AND RECREATION
$
81.12
$
85.18
$
89.44
$
93.91
$
98.60
BUSINESS SYSTEMS ANALYST
$
56.55
$
59.37
$
62.34
$
65.46
$
68.73
CAPITAL IMPV PROGRAM MGR
$
70.87
$
74.41
$
78.13
$
82.04
$
86.14
CHIEF TECHNOLOGY OFFICER
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
CITY CLERK
$
67.32
$
70.68
$
74.22
$
77.93
$
81.82
CITY ENGINEER
$
84.39
$
88.61
$
93.04
$
97.70
$
102.58
COMMUNITY RELATIONS COORDINATOR
$
41.87
$
43.96
$
46.16
$
48.47
$
50.89
DEPARTMENT HEAD
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DEPUTY BUILDING OFFICIAL
$
65.95
$
69.25
$
72.71
$
76.35
$
80.16
DEPUTY CITY ATTORNEY
$
59.67
$
62.66
$
65.79
$
69.08
$
72.54
DEPUTY CITY CLERK
$
48.03
$
50.44
$
52.96
$
55.61
$
58.39
DEPUTY CITY MANAGER
$
77.18
$
81.03
$
85.09
$
89.34
$
93.81
DIRECTOR OF ADMIN SERVICES
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DIRECTOR OF COMM DEVELOPMENT
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DIRECTOR OF PARKS AND RECREATION
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DIRECTOR OF PUBLIC WORKS
$
103.08
$
108.23
$
113.65
$
119.33
$
125.29
ECONOMIC DEVELOPMENT MANAGER
$
72.82
$
76.47
$
80.29
$
84.30
$
88.52
EMERGENCY SERVICES COORDINATOR
$
41.87
$
43.96
$
46.16
$
48.47
$
50.89
ENVIRONMENTAL PROGRAMS MANAGER
$
66.99
$
70.34
$
73.85
$
77.55
$
81.42
EXEC ASST TO CITY MANAGER
$
42.67
$
44.81
$
47.05
$
49.40
$
51.87
EXEC ASST TO THE CITY ATTNY
$
41.62
$
43.71
$
45.90
$
48.19
$
50.60
CC- 07-16-19 #14
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Formatted: English (United States)
FINANCE MANAGER
$
75.85
$
79.65
$
83.63
$
87.81
$
92.20
GIS PROGRAM MANAGER
$
74.59
$
78.32
$
82.24
$
86.35
$
90.67
HUMAN RESOURCE ANALYST I
$
50.08
$
52.59
$
55.21
$
57.98
$
60.87
HUMAN RESOURCES ANALYST II
$
55.22
$
57.98
$
60.87
$
63.92
$
67.11
HUMAN RESOURCES ASSISTANT
$
30.16
$
31.67
$
33.25
$
34.91
$
36.66
HUMAN RESOURCES MANAGER
$
75.85
$
79.65
$
83.63
$
87.81
$
92.20
HUMAN RESOURCES TECHNICIAN
$
41.30
$
43.36
$
45.53
$
47.81
$
50.19
I.T. ASSISTANT
$
40.61
$
42.64
$
44.77
$
47.01
$
49.36
INNOVATION AND TECH MGR ‐
INFRASTRUCTURE
$
74.59
$
78.32
$
82.24
$
86.35
$
90.67
INNOVATION AND TECH MGR ‐ APPLICATIONS
$
74.59
$
78.32
$
82.24
$
86.35
$
90.67
LEGAL SERVICES MANAGER
$
42.99
$
45.14
$
47.40
$
49.77
$
52.26
MANAGEMENT ANALYST
$
50.51
$
53.04
$
55.69
$
58.47
$
61.40
NETWORK SPECIALIST
$
51.95
$
54.55
$
57.28
$
60.14
$
63.15
PARK RESTORATION IMPV MGR
$
70.87
$
74.41
$
78.13
$
82.04
$
86.14
PERMIT CENTER MANAGER
$
65.95
$
69.25
$
72.71
$
76.35
$
80.16
PLANNING MANAGER
$
74.89
$
78.63
$
82.56
$
86.69
$
91.03
PUBLIC AFFAIRS MANAGER
$
65.16
$
68.42
$
71.84
$
75.43
$
79.20
PUBLIC INFORMATION OFFICER
$
65.09
$
68.34
$
71.76
$
75.35
$
79.12
PUBLIC WORKS PROJECT MANAGER
$
62.29
$
65.41
$
68.68
$
72.11
$
75.72
PUBLIC WORKS SUPERVISOR
$
52.51
$
55.13
$
57.89
$
60.79
$
63.82
RECREATION SUPERVISOR
$
48.62
$
51.06
$
53.61
$
56.29
$
59.10
SENIOR ACCOUNTANT
$
53.14
$
55.79
$
58.58
$
61.51
$
64.59
SENIOR ASSISTANT CITY ATTORNEY
$
91.24
$
95.80
$
100.59
$
105.62
$
110.90
SENIOR CIVIL ENGINEER
$
71.17
$
74.72
$
78.46
$
82.38
$
86.50
CC- 07-16-19 #14
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Formatted: English (United States)
SENIOR MANAGEMENT ANALYST
$
55.22
$
57.98
$
60.88
$
63.92
$
67.11
SERVICE CENTER SUPERINTENDENT
$
67.14
$
70.50
$
74.02
$
77.72
$
81.61
RECREATION MANAGER
$
53.61
$
56.29
$
59.10
$
62.06
$
65.16
SUSTAINABILITY MANAGER
$
66.99
$
70.34
$
73.85
$
77.55
$
81.42
TRANSPORTATION MANAGER
$
75.77 $
72.85
$
79.56 $
76.50
$
83.54 $
80.32
$
87.71 $
84.34
$
92.10 $
88.56
WEB SPECIALIST
$
45.94
$
48.23
$
50.65
$
53.18
$
55.84
Salary Effective First Full Pay Period in July 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I
$
42.88
$
45.03
$
47.28
$
49.64
$
52.12
ACCOUNTANT II
$
47.27
$
49.64
$
52.12
$
54.73
$
57.46
ACCOUNTING TECHNICIAN
$
42.53
$
44.66
$
46.89
$
49.24
$
51.70
ADMINISTRATIVE ASSISTANT
$
37.41
$
39.28
$
41.24
$
43.30
$
45.47
ASSISTANT CITY ATTORNEY
$
85.42
$
89.70
$
94.18
$
98.89
$
103.83
ASSISTANT CITY MGR
$
116.79
$
122.63
$
128.76
$
135.20
$
141.96
ASSISTANT TO THE CITY MANAGER
$
68.72
67.04
$
72.15
70.39
$
75.76
73.91
$
79.55
77.61
$
83.53
81.49
ASST DIR COMM DEV/BUILDING OFFICIAL
$
83.55
$
87.73
$
92.12
$
96.72
$
101.56
ASST DIR PUBLIC WORKS/CITY ENGINEER
$
86.92
$
91.27
$
95.83
$
100.63
$
105.66
ASST DIR PARKS AND RECREATION
$
83.55
$
87.73
$
92.12
$
96.72
$
101.56
BUSINESS SYSTEMS ANALYST
$
60.63
$
63.66
$
66.84
$
70.19
$
73.70
CAPITAL IMPV PROGRAM MGR
$
72.99
$
76.64
$
80.48
$
84.50
$
88.72
CHIEF TECHNOLOGY OFFICER
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
CITY ENGINEER
$
86.92
$
91.27
$
95.83
$
100.63
$
105.66
CC- 07-16-19 #14
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Formatted: English (United States)
CITY CLERK
$
69.68
$
73.17
$
76.82
$
80.67
$
84.70
COMMUNITY RELATIONS COORDINATOR
$
43.12
$
45.28
$
47.54
$
49.92
$
52.42
DEPARTMENT HEAD
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
DEPUTY BUILDING OFFICIAL
$
67.93
$
71.33
$
74.89
$
78.64
$
82.57
DEPUTY CITY ATTORNEY
$
61.47
$
64.54
$
67.77
$
71.15
$
74.71
DEPUTY CITY CLERK
$
49.72
$
52.21
$
54.82
$
57.56
$
60.44
DEPUTY CITY MANAGER
$
79.49
$
83.46
$
87.64
$
92.02
$
96.62
DIRECTOR OF ADMIN SERVICES
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
DIRECTOR OF COMM DEVELOPMENT
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
DIRECTOR OF PARKS AND RECREATION
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
DIRECTOR OF PUBLIC WORKS
$
106.17
$
111.48
$
117.06
$
122.91
$
129.05
ECONOMIC DEVELOPMENT MANAGER
$
75.01
$
78.76
$
82.70
$
86.83
$
91.17
EMERGENCY SERVICES COORDINATOR
$
43.12
$
45.28
$
47.54
$
49.92
$
52.42
ENVIRONMENTAL PROGRAMS MANAGER
$
72.45
$
76.07
$
79.87
$
83.87
$
88.06
EXEC ASST TO CITY MANAGER
$
43.95
$
46.15
$
48.46
$
50.88
$
53.43
EXEC ASST TO THE CITY ATTNY
$
42.87
$
45.02
$
47.28
$
49.63
$
52.12
FINANCE MANAGER
$
78.13
$
82.03
$
86.14
$
90.44
$
94.97
GIS PROGRAM MANAGER
$
77.22
$
81.08
$
85.13
$
89.39
$
93.86
HUMAN RESOURCE ANALYST I
$
51.58
$
54.16
$
56.87
$
59.71
$
62.70
HUMAN RESOURCES ANALYST II
$
56.87
$
59.72
$
62.70
$
65.84
$
69.13
HUMAN RESOURCES ASSISTANT
$
31.06
$
32.62
$
34.25
$
35.96
$
37.76
HUMAN RESOURCES MANAGER
$
78.13
$
82.03
$
86.14
$
90.44
$
94.97
HUMAN RESOURCES TECHNICIAN
$
42.53
$
44.66
$
46.89
$
49.24
$
51.70
I.T. ASSISTANT
$
41.83
$
43.92
$
46.12
$
48.42
$
50.84
CC- 07-16-19 #14
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Formatted: English (United States)
INNOVATION AND TECH MGR ‐
INFRASTRUCTURE
$
77.22
$
81.08
$
85.13
$
89.39
$
93.86
INNOVATION AND TECH MGR ‐ APPLICATIONS
$
77.22
$
81.08
$
85.13
$
89.39
$
93.86
LEGAL SERVICES MANAGER
$
44.28
$
46.50
$
48.82
$
51.26
$
53.82
MANAGEMENT ANALYST
$
52.03
$
54.63
$
57.36
$
60.23
$
63.24
NETWORK SPECIALIST
$
53.51
$
56.19
$
59.00
$
61.95
$
65.05
PARK RESTORATION IMPV MGR
$
72.99
$
76.64
$
80.48
$
84.50
$
88.72
PERMIT CENTER MANAGER
$
67.93
$
71.33
$
74.89
$
78.64
$
82.57
PLANNING MANAGER
$
78.52
$
82.45
$
86.57
$
90.90
$
95.45
PUBLIC AFFAIRS MANAGER
$
67.12
$
70.47
$
73.99
$
77.69
$
81.58
PUBLIC INFORMATION OFFICER
$
67.04
$
70.39
$
73.91
$
77.61
$
81.49
PUBLIC WORKS PROJECT MANAGER
$
64.16
$
67.37
$
70.74
$
74.28
$
77.99
PUBLIC WORKS SUPERVISOR
$
54.08
$
56.79
$
59.63
$
62.61
$
65.74
RECREATION SUPERVISOR
$
50.08
$
52.59
$
55.22
$
57.98
$
60.88
SENIOR ACCOUNTANT
$
54.73
$
57.47
$
60.34
$
63.36
$
66.52
SENIOR ASSISTANT CITY ATTORNEY
$
93.98
$
98.68
$
103.61
$
108.79
$
114.23
SENIOR CIVIL ENGINEER
$
73.30
$
76.97
$
80.81
$
84.85
$
89.10
SENIOR MANAGEMENT ANALYST
$
56.87
$
59.72
$
62.70
$
65.84
$
69.13
SERVICE CENTER SUPERINTENDENT
$
69.15
$
72.61
$
76.24
$
80.05
$
84.06
RECREATION MANAGER
$
55.22
$
57.98
$
60.88
$
63.92
$
67.12
SUSTAINABILITY MANAGER
$
72.45
$
76.07
$
79.87
$
83.87
$
88.06
TRANSPORTATION MANAGER
$
78.04 $
75.04
$
81.94 $
78.79
$
86.04 $
82.73
$
90.34 $
86.87
$
94.86 $
91.21
WEB SPECIALIST
$
47.32
$
49.68
$
52.17
$
54.77
$
57.51
CC- 07-16-19 #14
44
Formatted: English (United States)
ATTACHMENT B
EQUITY ADJUSTMENTS
Classification July 2019 July 2020 July 2021
Accountant I 3.20% 0.00% 0.00%
Accountant II 3.20% 0.00% 0.00%
Accounting Technician 0.00% 0.00% 0.00%
Administrative Assistant 0.00% 0.00% 0.00%
Assistant Director Of Public Works Engineer 2.70% 2.70% 0.00%
Assistant to the City Manager 2.70% 2.70% 02.050%
Assistant City Manager 2.70% 2.70% 0.00%
Assistant Director Of Community Dev/Building Official 2.70% 2.70% 0.00%
Assistant Director of Recreation and Community
Services 2.70% 2.70% 0.00%
Business Systems Analyst 5.00% 5.00% 4.10%
Capital Improvement Program Manager 5.00% 3.50% 0.00%
Chief Technology Officer 2.70% 2.70% 0.00%
City Clerk 5.00% 5.00% 0.50%
Community Relations Coordinator 0.00% 0.00% 0.00%
Deputy Building Official 5.00% 2.80% 0.00%
Deputy City Clerk 5.00% 5.00% 0.50%
Deputy City Manager 2.70% 2.70% 0.00%
Director Of Administrative Services 2.70% 2.70% 0.00%
Director of Community Development 2.70% 2.70% 0.00%
Director Of Public Works 2.70% 2.70% 0.00%
Director Of Recreation & Community Services 2.70% 2.70% 0.00%
Economic Development Manager 5.00% 3.20% 0.00%
Emergency Services Coordinator 0.00% 0.00% 0.00%
Environmental Programs Manager 5.00% 5.00% 5.00%
Executive Assistant to the City Attorney 1.80% 0.00% 0.00%
Executive Assistant To The City Manager 1.80% 0.00% 0.00%
Finance Manager 5.00% 3.90% 0.00%
GIS Program Manager 5.00% 5.00% 0.50%
Human Resources Analyst I 5.00% 0.50% 0.00%
Human Resources Assistant 0.00% 0.00% 0.00%
Human Resources Analyst II 5.00% 0.50% 0.00%
Human Resources Manager 5.00% 3.90% 0.00%
Human Resources Technician 0.00% 0.00% 0.00%
Information Technology Assistant 4.40% 0.00% 0.00%
Innovation and Technology Manager – Applications 5.00% 5.00% 0.50%
Formatted: Centered
Formatted: Centered
CC- 07-16-19 #14
45
Formatted: English (United States)
Innovation and Technology Manager ‐ Infrastructure 5.00% 5.00% 0.50%
Legal Services Manager 1.80% 0.00% 0.00%
Management Analyst 5.00% 0.50% 0.00%
Network Specialist 1.30% 0.00% 0.00%
Park Restoration & Improvement Manager 5.00% 3.50% 0.00%
Permit Center Manager 5.00% 2.80% 0.00%
Planning Manager 5.00% 5.00% 1.80%
Public Affairs Manager 5.00% 4.40% 0.00%
Public Information Officer 2.70% 2.70% 0.00%
Public Works Project Manager 5.00% 3.50% 0.00%
Public Works Supervisor 5.00% 0.50% 0.00%
Recreation Manager 0.00% 0.00% 0.00%
Recreation Supervisor 0.00% 0.00% 0.00%
Senior Accountant 3.20% 0.00% 0.00%
Senior Civil Engineer 4.00% 0.00% 0.00%
Senior Management Analyst 5.00% 0.50% 0.00%
Service Center Superintendent 5.00% 1.20% 0.00%
Sustainability Manager 5.00% 5.00% 5.00%
Transportation Manager 40.00% 0.00% 0.00%
Web Specialist 1.30% 0.00% 0.00%
CC 7-16-19, #16
1
City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter
defined and designated either as management or confidential positions shall be eligible for
participation under the Unrepresented Employees Compensation Program as hereby adopted by
action of the City Council and as same may be amended or as otherwise modified from time to
time.
It is the stated purpose of this Compensation Program to give recognition to and to
differentiate those eligible employees from represented employees who achieve economic gain
and other conditions of employment through negotiation. It is the intent that through this policy
and those which are adopted or as may be modified or rescinded from time to time such
recognition may be given.
Eligibility for inclusion with this Compensation program is limited to persons holding
positions as management or confidential employees as defined under section 2.52.290 of the
Cupertino Municipal Code. These are as designated by the Appointing Authority and may be
modified as circumstances warrant.
Although subject to change in accordance with provision of the Personnel Code, the
positions in the following classifications have been designated as unrepresented.
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:
Classification Title
Accountant I
Accountant II
Accounting Technician
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development/Building Official
Assistant Director of Public Works
Assistant Director of Recreation and Community Services
Assistant to the City Manager
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head)
City Architect
City Clerk
City Engineer
Community Relations Coordinator
CC- 07-16-19 #14
14
City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN ‐ EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which employees in Management and Confidential positions and their dependents may
be covered. The purpose of this program is to promote and preserve the health of employees and
their families through comprehensive health plans available only through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate
responsibility of the employee in these positions, the City shall contribute the amounts listed
below towards the premium or pay the full cost of the premium if less than the stated amounts.
If the premium amounts for any employee covered by this policy are less than the amounts listed
below per month, the difference between the premium amount and the stated amounts will be
included in the employee’s gross pay.
Effective
January 1, 2020
City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1,443.09 126.78 1,569.87
Employee +2 1,876.01 126.78 2,002.79
January 1, 2021 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 891.32 126.78 1,018.10
Employee +1 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1,062.66
Employee +1 1,591.01 126.78 1,717.79
Employee +2 2,068.31 126.78 2,195.09
Health In Lieu Payments
The City shall provide a payment of $375 per month in lieu of health care premiums, for
Unrepresented employees who provide proof of alternate coverage. This payment shall be in
the form of a contribution to the employee’s deferred compensation plan.
CC- 07-16-19 #14
15
*Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is
capped at $2,500.00 per dependent per annual plan year for the term of this contract.
Adopted by Action of the City Council
September 16, 1974
Revised
7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97,
7/99, 6/00, 6/02, 7/04, 6/05, 4/07,12/12, 7/13, 10/16, 7/19
CC- 07-16-19 #14
32
ATTACHMENT A
SALARY SCHEDULE
Salary Effective First Full Pay Period after Council Adoption
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I
$
40.23
$
42.24
$
44.35
$
46.57
$
48.89
ACCOUNTANT II
$
44.34
$
46.56
$
48.89
$
51.34
$
53.90
ACCOUNTING TECHNICIAN
$
39.90
$
41.89
$
43.99
$
46.19
$
48.50
ADMINISTRATIVE ASSISTANT
$
35.09
$
36.84
$
38.69
$
40.62
$
42.65
ASSISTANT CITY ATTORNEY
$
80.13
$
84.14
$
88.34
$
92.76
$
97.40
ASSISTANT CITY MGR
$
106.67
$
112.01
$
117.61
$
123.49
$
129.66
ASSISTANT TO THE CITY MANAGER
$
61.24
$
64.30
$
67.51
$
70.89
$
74.43
ASST DIR COMM DEV/BUILDING OFFICIAL
$
76.32
$
80.13
$
84.14
$
88.35
$
92.76
ASST DIR PARKS AND RECREATION
$
76.32
$
80.13
$
84.14
$
88.35
$
92.76
ASST DIR PUBLIC WORKS/CITY ENGINEER
$
79.40
$
83.36
$
87.53
$
91.91
$
96.51
BUSINESS SYSTEMS ANALYST
$
52.03
$
54.63
$
57.36
$
60.23
$
63.24
CAPITAL IMPV PROGRAM MGR
$
66.16
$
69.46
$
72.94
$
76.58
$
80.41
CHIEF TECHNOLOGY OFFICER
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
CITY CLERK
$
61.94
$
65.04
$
68.29
$
71.71
$
75.29
CITY ENGINEER
$
79.40
$
83.36
$
87.53
$
91.91
$
96.51
COMMUNITY RELATIONS COORDINATOR
$
40.45
$
42.47
$
44.60
$
46.83
$
49.17
DEPARTMENT HEAD
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DEPUTY BUILDING OFFICIAL
$
61.99
$
65.08
$
68.34
$
71.76
$
75.34
DEPUTY CITY ATTORNEY
$
57.66
$
60.54
$
63.57
$
66.74
$
70.08
DEPUTY CITY CLERK
$
44.20
$
46.41
$
48.73
$
51.17
$
53.73
DEPUTY CITY MANAGER
$
72.60
$
76.24
$
80.05
$
84.05
$
88.25
CC- 07-16-19 #14
33
DIRECTOR OF ADMIN SERVICES
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DIRECTOR OF COMM DEVELOPMENT
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DIRECTOR OF PARKS AND RECREATION
$
94.22
$
98.93
$
103.88
$
109.08
$
114.52
DIRECTOR OF PUBLIC WORKS
$
96.98
$
101.82
$
106.92
$
112.26
$
117.88
ECONOMIC DEVELOPMENT MANAGER
$
68.18
$
71.59
$
75.17
$
78.93
$
82.87
EMERGENCY SERVICES COORDINATOR
$
40.45
$
42.47
$
44.60
$
46.83
$
49.17
ENVIRONMENTAL PROGRAMS MANAGER
$
61.64
$
64.72
$
67.96
$
71.36
$
74.92
EXEC ASST TO CITY MANAGER
$
41.23
$
43.29
$
45.46
$
47.73
$
50.12
EXEC ASST TO THE CITY ATTNY
$
40.22
$
42.23
$
44.35
$
46.56
$
48.89
FINANCE MANAGER
$
70.54
$
74.06
$
77.77
$
81.65
$
85.74
GIS PROGRAM MANAGER
$
68.64
$
72.07
$
75.67
$
79.46
$
83.43
HUMAN RESOURCE ANALYST I
$
48.15
$
50.55
$
53.08
$
55.74
$
58.52
HUMAN RESOURCES ANALYST II
$
53.08
$
55.74
$
58.52
$
61.45
$
64.52
HUMAN RESOURCES ASSISTANT
$
29.14
$
30.60
$
32.13
$
33.73
$
35.42
HUMAN RESOURCES MANAGER
$
70.54
$
74.06
$
77.77
$
81.65
$
85.74
HUMAN RESOURCES TECHNICIAN
$
39.90
$
41.89
$
43.99
$
46.19
$
48.50
I.T. ASSISTANT
$
39.24
$
41.20
$
43.26
$
45.42
$
47.69
INNOVATION AND TECH MGR ‐ APPLICATIONS
$
68.64
$
72.07
$
75.67
$
79.46
$
83.43
INNOVATION AND TECH MGR ‐
INFRASTRUCTURE
$
68.64
$
72.07
$
75.67
$
79.46
$
83.43
LEGAL SERVICES MANAGER
$
41.54
$
43.61
$
45.80
$
48.08
$
50.49
MANAGEMENT ANALYST
$
48.56
$
50.99
$
53.54
$
56.21
$
59.03
NETWORK SPECIALIST
$
50.20
$
52.71
$
55.34
$
58.11
$
61.02
PARK RESTORATION IMPV MGR
$
66.16
$
69.46
$
72.94
$
76.58
$
80.41
PERMIT CENTER MANAGER
$
61.99
$
65.08
$
68.34
$
71.76
$
75.34
CC- 07-16-19 #14
34
PLANNING MANAGER
$
68.91
$
72.36
$
75.97
$
79.77
$
83.76
PUBLIC AFFAIRS MANAGER
$
60.30
$
63.32
$
66.48
$
69.81
$
73.30
PUBLIC INFORMATION OFFICER
$
61.24
$
64.30
$
67.51
$
70.89
$
74.43
PUBLIC WORKS PROJECT MANAGER
$
58.15
$
61.06
$
64.11
$
67.32
$
70.68
PUBLIC WORKS SUPERVISOR
$
50.48
$
53.00
$
55.65
$
58.44
$
61.36
RECREATION MANAGER
$
51.80
$
54.38
$
57.10
$
59.96
$
62.96
RECREATION SUPERVISOR
$
46.98
$
49.33
$
51.80
$
54.38
$
57.10
SENIOR ACCOUNTANT
$
51.34
$
53.91
$
56.60
$
59.43
$
62.40
SENIOR ASSISTANT CITY ATTORNEY
$
88.15
$
92.56
$
97.19
$
102.05
$
107.15
SENIOR CIVIL ENGINEER
$
68.76
$
72.20
$
75.81
$
79.60
$
83.58
SENIOR MANAGEMENT ANALYST
$
53.08
$
55.74
$
58.52
$
61.45
$
64.52
SERVICE CENTER SUPERINTENDENT
$
64.10
$
67.30
$
70.67
$
74.20
$
77.91
SUSTAINABILITY MANAGER
$
61.64
$
64.72
$
67.96
$
71.36
$
74.92
TRANSPORTATION MANAGER
$
73.21
$
76.87
$
80.71
$
84.75
$
88.98
WEB SPECIALIST
$
44.38
$
46.60
$
48.93
$
51.38
$
53.95
Salary Effective First Full Pay Period in July 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I
$
41.63
$
43.71
$
45.90
$
48.20
$
50.61
ACCOUNTANT II
$
45.90
$
48.19
$
50.60
$
53.13
$
55.79
ACCOUNTING TECHNICIAN
$
41.30
$
43.36
$
45.53
$
47.81
$
50.19
ADMINISTRATIVE ASSISTANT
$
36.32
$
38.13
$
40.04
$
42.04
$
44.14
ASSISTANT CITY ATTORNEY
$
82.94
$
87.08
$
91.44
$
96.01
$
100.81
ASSISTANT CITY MGR
$
113.39
$
119.06
$
125.01
$
131.26
$
137.82
ASSISTANT TO THE CITY MANAGER
$
65.09
$
68.34
$
71.76
$
75.35
$
79.12
CC- 07-16-19 #14
35
ASST DIR COMM DEV/BUILDING OFFICIAL
$
81.12
$
85.18
$
89.44
$
93.91
$
98.60
ASST DIR PUBLIC WORKS/CITY ENGINEER
$
84.39
$
88.61
$
93.04
$
97.70
$
102.58
ASST DIR PARKS AND RECREATION
$
81.12
$
85.18
$
89.44
$
93.91
$
98.60
BUSINESS SYSTEMS ANALYST
$
56.55
$
59.37
$
62.34
$
65.46
$
68.73
CAPITAL IMPV PROGRAM MGR
$
70.87
$
74.41
$
78.13
$
82.04
$
86.14
CHIEF TECHNOLOGY OFFICER
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
CITY CLERK
$
67.32
$
70.68
$
74.22
$
77.93
$
81.82
CITY ENGINEER
$
84.39
$
88.61
$
93.04
$
97.70
$
102.58
COMMUNITY RELATIONS COORDINATOR
$
41.87
$
43.96
$
46.16
$
48.47
$
50.89
DEPARTMENT HEAD
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DEPUTY BUILDING OFFICIAL
$
65.95
$
69.25
$
72.71
$
76.35
$
80.16
DEPUTY CITY ATTORNEY
$
59.67
$
62.66
$
65.79
$
69.08
$
72.54
DEPUTY CITY CLERK
$
48.03
$
50.44
$
52.96
$
55.61
$
58.39
DEPUTY CITY MANAGER
$
77.18
$
81.03
$
85.09
$
89.34
$
93.81
DIRECTOR OF ADMIN SERVICES
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DIRECTOR OF COMM DEVELOPMENT
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DIRECTOR OF PARKS AND RECREATION
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73
DIRECTOR OF PUBLIC WORKS
$
103.08
$
108.23
$
113.65
$
119.33
$
125.29
ECONOMIC DEVELOPMENT MANAGER
$
72.82
$
76.47
$
80.29
$
84.30
$
88.52
EMERGENCY SERVICES COORDINATOR
$
41.87
$
43.96
$
46.16
$
48.47
$
50.89
ENVIRONMENTAL PROGRAMS MANAGER
$
66.99
$
70.34
$
73.85
$
77.55
$
81.42
EXEC ASST TO CITY MANAGER
$
42.67
$
44.81
$
47.05
$
49.40
$
51.87
EXEC ASST TO THE CITY ATTNY
$
41.62
$
43.71
$
45.90
$
48.19
$
50.60
FINANCE MANAGER
$
75.85
$
79.65
$
83.63
$
87.81
$
92.20
CC- 07-16-19 #14
36
GIS PROGRAM MANAGER
$
74.59
$
78.32
$
82.24
$
86.35
$
90.67
HUMAN RESOURCE ANALYST I
$
50.08
$
52.59
$
55.21
$
57.98
$
60.87
HUMAN RESOURCES ANALYST II
$
55.22
$
57.98
$
60.87
$
63.92
$
67.11
HUMAN RESOURCES ASSISTANT
$
30.16
$
31.67
$
33.25
$
34.91
$
36.66
HUMAN RESOURCES MANAGER
$
75.85
$
79.65
$
83.63
$
87.81
$
92.20
HUMAN RESOURCES TECHNICIAN
$
41.30
$
43.36
$
45.53
$
47.81
$
50.19
I.T. ASSISTANT
$
40.61
$
42.64
$
44.77
$
47.01
$
49.36
INNOVATION AND TECH MGR ‐
INFRASTRUCTURE
$
74.59
$
78.32
$
82.24
$
86.35
$
90.67
INNOVATION AND TECH MGR ‐ APPLICATIONS
$
74.59
$
78.32
$
82.24
$
86.35
$
90.67
LEGAL SERVICES MANAGER
$
42.99
$
45.14
$
47.40
$
49.77
$
52.26
MANAGEMENT ANALYST
$
50.51
$
53.04
$
55.69
$
58.47
$
61.40
NETWORK SPECIALIST
$
51.95
$
54.55
$
57.28
$
60.14
$
63.15
PARK RESTORATION IMPV MGR
$
70.87
$
74.41
$
78.13
$
82.04
$
86.14
PERMIT CENTER MANAGER
$
65.95
$
69.25
$
72.71
$
76.35
$
80.16
PLANNING MANAGER
$
74.89
$
78.63
$
82.56
$
86.69
$
91.03
PUBLIC AFFAIRS MANAGER
$
65.16
$
68.42
$
71.84
$
75.43
$
79.20
PUBLIC INFORMATION OFFICER
$
65.09
$
68.34
$
71.76
$
75.35
$
79.12
PUBLIC WORKS PROJECT MANAGER
$
62.29
$
65.41
$
68.68
$
72.11
$
75.72
PUBLIC WORKS SUPERVISOR
$
52.51
$
55.13
$
57.89
$
60.79
$
63.82
RECREATION SUPERVISOR
$
48.62
$
51.06
$
53.61
$
56.29
$
59.10
SENIOR ACCOUNTANT
$
53.14
$
55.79
$
58.58
$
61.51
$
64.59
SENIOR ASSISTANT CITY ATTORNEY
$
91.24
$
95.80
$
100.59
$
105.62
$
110.90
SENIOR CIVIL ENGINEER
$
71.17
$
74.72
$
78.46
$
82.38
$
86.50
SENIOR MANAGEMENT ANALYST
$
55.22
$
57.98
$
60.88
$
63.92
$
67.11
CC- 07-16-19 #14
37
SERVICE CENTER SUPERINTENDENT
$
67.14
$
70.50
$
74.02
$
77.72
$
81.61
RECREATION MANAGER
$
53.61
$
56.29
$
59.10
$
62.06
$
65.16
SUSTAINABILITY MANAGER
$
66.99
$
70.34
$
73.85
$
77.55
$
81.42
TRANSPORTATION MANAGER
$
75.77
$
79.56
$
83.54
$
87.71
$
92.10
WEB SPECIALIST
$
45.94
$
48.23
$
50.65
$
53.18
$
55.84
Salary Effective First Full Pay Period in July 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I
$
42.88
$
45.03
$
47.28
$
49.64
$
52.12
ACCOUNTANT II
$
47.27
$
49.64
$
52.12
$
54.73
$
57.46
ACCOUNTING TECHNICIAN
$
42.53
$
44.66
$
46.89
$
49.24
$
51.70
ADMINISTRATIVE ASSISTANT
$
37.41
$
39.28
$
41.24
$
43.30
$
45.47
ASSISTANT CITY ATTORNEY
$
85.42
$
89.70
$
94.18
$
98.89
$
103.83
ASSISTANT CITY MGR
$
116.79
$
122.63
$
128.76
$
135.20
$
141.96
ASSISTANT TO THE CITY MANAGER 67.04 70.39 73.91 77.61 81.49
ASST DIR COMM DEV/BUILDING OFFICIAL
$
83.55
$
87.73
$
92.12
$
96.72
$
101.56
ASST DIR PUBLIC WORKS/CITY ENGINEER
$
86.92
$
91.27
$
95.83
$
100.63
$
105.66
ASST DIR PARKS AND RECREATION
$
83.55
$
87.73
$
92.12
$
96.72
$
101.56
BUSINESS SYSTEMS ANALYST
$
60.63
$
63.66
$
66.84
$
70.19
$
73.70
CAPITAL IMPV PROGRAM MGR
$
72.99
$
76.64
$
80.48
$
84.50
$
88.72
CHIEF TECHNOLOGY OFFICER
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
CITY ENGINEER
$
86.92
$
91.27
$
95.83
$
100.63
$
105.66
CITY CLERK
$
69.68
$
73.17
$
76.82
$
80.67
$
84.70
COMMUNITY RELATIONS COORDINATOR
$
43.12
$
45.28
$
47.54
$
49.92
$
52.42
DEPARTMENT HEAD
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
CC- 07-16-19 #14
38
DEPUTY BUILDING OFFICIAL
$
67.93
$
71.33
$
74.89
$
78.64
$
82.57
DEPUTY CITY ATTORNEY
$
61.47
$
64.54
$
67.77
$
71.15
$
74.71
DEPUTY CITY CLERK
$
49.72
$
52.21
$
54.82
$
57.56
$
60.44
DEPUTY CITY MANAGER
$
79.49
$
83.46
$
87.64
$
92.02
$
96.62
DIRECTOR OF ADMIN SERVICES
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
DIRECTOR OF COMM DEVELOPMENT
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
DIRECTOR OF PARKS AND RECREATION
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38
DIRECTOR OF PUBLIC WORKS
$
106.17
$
111.48
$
117.06
$
122.91
$
129.05
ECONOMIC DEVELOPMENT MANAGER
$
75.01
$
78.76
$
82.70
$
86.83
$
91.17
EMERGENCY SERVICES COORDINATOR
$
43.12
$
45.28
$
47.54
$
49.92
$
52.42
ENVIRONMENTAL PROGRAMS MANAGER
$
72.45
$
76.07
$
79.87
$
83.87
$
88.06
EXEC ASST TO CITY MANAGER
$
43.95
$
46.15
$
48.46
$
50.88
$
53.43
EXEC ASST TO THE CITY ATTNY
$
42.87
$
45.02
$
47.28
$
49.63
$
52.12
FINANCE MANAGER
$
78.13
$
82.03
$
86.14
$
90.44
$
94.97
GIS PROGRAM MANAGER
$
77.22
$
81.08
$
85.13
$
89.39
$
93.86
HUMAN RESOURCE ANALYST I
$
51.58
$
54.16
$
56.87
$
59.71
$
62.70
HUMAN RESOURCES ANALYST II
$
56.87
$
59.72
$
62.70
$
65.84
$
69.13
HUMAN RESOURCES ASSISTANT
$
31.06
$
32.62
$
34.25
$
35.96
$
37.76
HUMAN RESOURCES MANAGER
$
78.13
$
82.03
$
86.14
$
90.44
$
94.97
HUMAN RESOURCES TECHNICIAN
$
42.53
$
44.66
$
46.89
$
49.24
$
51.70
I.T. ASSISTANT
$
41.83
$
43.92
$
46.12
$
48.42
$
50.84
INNOVATION AND TECH MGR ‐
INFRASTRUCTURE
$
77.22
$
81.08
$
85.13
$
89.39
$
93.86
INNOVATION AND TECH MGR ‐ APPLICATIONS
$
77.22
$
81.08
$
85.13
$
89.39
$
93.86
LEGAL SERVICES MANAGER
$
44.28
$
46.50
$
48.82
$
51.26
$
53.82
CC- 07-16-19 #14
39
MANAGEMENT ANALYST
$
52.03
$
54.63
$
57.36
$
60.23
$
63.24
NETWORK SPECIALIST
$
53.51
$
56.19
$
59.00
$
61.95
$
65.05
PARK RESTORATION IMPV MGR
$
72.99
$
76.64
$
80.48
$
84.50
$
88.72
PERMIT CENTER MANAGER
$
67.93
$
71.33
$
74.89
$
78.64
$
82.57
PLANNING MANAGER
$
78.52
$
82.45
$
86.57
$
90.90
$
95.45
PUBLIC AFFAIRS MANAGER
$
67.12
$
70.47
$
73.99
$
77.69
$
81.58
PUBLIC INFORMATION OFFICER
$
67.04
$
70.39
$
73.91
$
77.61
$
81.49
PUBLIC WORKS PROJECT MANAGER
$
64.16
$
67.37
$
70.74
$
74.28
$
77.99
PUBLIC WORKS SUPERVISOR
$
54.08
$
56.79
$
59.63
$
62.61
$
65.74
RECREATION SUPERVISOR
$
50.08
$
52.59
$
55.22
$
57.98
$
60.88
SENIOR ACCOUNTANT
$
54.73
$
57.47
$
60.34
$
63.36
$
66.52
SENIOR ASSISTANT CITY ATTORNEY
$
93.98
$
98.68
$
103.61
$
108.79
$
114.23
SENIOR CIVIL ENGINEER
$
73.30
$
76.97
$
80.81
$
84.85
$
89.10
SENIOR MANAGEMENT ANALYST
$
56.87
$
59.72
$
62.70
$
65.84
$
69.13
SERVICE CENTER SUPERINTENDENT
$
69.15
$
72.61
$
76.24
$
80.05
$
84.06
RECREATION MANAGER
$
55.22
$
57.98
$
60.88
$
63.92
$
67.12
SUSTAINABILITY MANAGER
$
72.45
$
76.07
$
79.87
$
83.87
$
88.06
TRANSPORTATION MANAGER
$
78.04
$
81.94
$
86.04
$
90.34
$
94.86
WEB SPECIALIST
$
47.32
$
49.68
$
52.17
$
54.77
$
57.51
CC- 07-16-19 #14
40
ATTACHMENT B
EQUITY ADJUSTMENTS
Classification July 2019 July 2020 July 2021
Accountant I 3.20% 0.00% 0.00%
Accountant II 3.20% 0.00% 0.00%
Accounting Technician 0.00% 0.00% 0.00%
Administrative Assistant 0.00% 0.00% 0.00%
Assistant Director Of Public Works Engineer 2.70% 2.70% 0.00%
Assistant to the City Manager 2.70% 2.70% 0.00%
Assistant City Manager 2.70% 2.70% 0.00%
Assistant Director Of Community Dev/Building Official 2.70% 2.70% 0.00%
Assistant Director of Recreation and Community
Services 2.70% 2.70% 0.00%
Business Systems Analyst 5.00% 5.00% 4.10%
Capital Improvement Program Manager 5.00% 3.50% 0.00%
Chief Technology Officer 2.70% 2.70% 0.00%
City Clerk 5.00% 5.00% 0.50%
Community Relations Coordinator 0.00% 0.00% 0.00%
Deputy Building Official 5.00% 2.80% 0.00%
Deputy City Clerk 5.00% 5.00% 0.50%
Deputy City Manager 2.70% 2.70% 0.00%
Director Of Administrative Services 2.70% 2.70% 0.00%
Director of Community Development 2.70% 2.70% 0.00%
Director Of Public Works 2.70% 2.70% 0.00%
Director Of Recreation & Community Services 2.70% 2.70% 0.00%
Economic Development Manager 5.00% 3.20% 0.00%
Emergency Services Coordinator 0.00% 0.00% 0.00%
Environmental Programs Manager 5.00% 5.00% 5.00%
Executive Assistant to the City Attorney 1.80% 0.00% 0.00%
Executive Assistant To The City Manager 1.80% 0.00% 0.00%
Finance Manager 5.00% 3.90% 0.00%
GIS Program Manager 5.00% 5.00% 0.50%
Human Resources Analyst I 5.00% 0.50% 0.00%
Human Resources Assistant 0.00% 0.00% 0.00%
Human Resources Analyst II 5.00% 0.50% 0.00%
Human Resources Manager 5.00% 3.90% 0.00%
Human Resources Technician 0.00% 0.00% 0.00%
Information Technology Assistant 4.40% 0.00% 0.00%
Innovation and Technology Manager – Applications 5.00% 5.00% 0.50%
CC- 07-16-19 #14
41
Innovation and Technology Manager ‐ Infrastructure 5.00% 5.00% 0.50%
Legal Services Manager 1.80% 0.00% 0.00%
Management Analyst 5.00% 0.50% 0.00%
Network Specialist 1.30% 0.00% 0.00%
Park Restoration & Improvement Manager 5.00% 3.50% 0.00%
Permit Center Manager 5.00% 2.80% 0.00%
Planning Manager 5.00% 5.00% 1.80%
Public Affairs Manager 5.00% 4.40% 0.00%
Public Information Officer 2.70% 2.70% 0.00%
Public Works Project Manager 5.00% 3.50% 0.00%
Public Works Supervisor 5.00% 0.50% 0.00%
Recreation Manager 0.00% 0.00% 0.00%
Recreation Supervisor 0.00% 0.00% 0.00%
Senior Accountant 3.20% 0.00% 0.00%
Senior Civil Engineer 4.00% 0.00% 0.00%
Senior Management Analyst 5.00% 0.50% 0.00%
Service Center Superintendent 5.00% 1.20% 0.00%
Sustainability Manager 5.00% 5.00% 5.00%
Transportation Manager 4.00% 0.00% 0.00%
Web Specialist 1.30% 0.00% 0.00%
CC 07-16-19 #19
BMR Contract
Written Communications
BELOW MARKET RATE (BMR) AFFORDABLE HOUSING FUND (AHF)
CITY/NON-PROFIT CONTRACT
(Services Only)
This Below Market Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit
Contract (the "Contract") is entered into between the CITY OF CUPERTINO, a municipal
corporation (hereinafter "CITY "), and HELLO HOUSING, a California nonprofit public benefit
corporation (hereinafter "CORPORATION"). The grant funds provided pursuant to this
Contract are to be utilized for specific services provided to the CITY by CORPORATION.
CITY approved the allocation and disbursement of Below Market Rate ("BMR") Affordable
Housing Funds ("AHF") funds to CORPORATION on July 1, 2019.
WITNESSETH
WHEREAS, BMR AHF funds are to be used to increase and preserve the supply of
housing affordable to households of extremely low, very low, low, median, and moderate
incomes; and
WHEREAS, CITY has reserved a portion of its BMR AHF funds for necessary
administrative costs associated with providing affordable housing; and,
WHEREAS, CORPORATION has agreed to provide the Program (as described below) to
monitor and administer the CITY's BMR ownership and rental housing program, which benefits
low, very low, median, and moderate-income households.
NOW, THEREFORE, the parties agree as follows:
I. PROGRAM
CITY agrees to allocate a portion of its current BMR AHF funds to CORPORATION, in
the sum of up to Two Hundred Thirty-Five Thousand Dollars and No Cents
($235,000.00) for fiscal year 2019-2020, and increasing by seven percent (7%) each fiscal year
through the end of the Term, as it may be amended, for the purpose of implementing the
CORPORATION'S program, as more particularly described in Exhibits A-E to the Contract (the
"Program"), and said Exhibits set forth below, as they may be amended or modified, are attached
to this Contract and incorporated herein by reference.
Exhibit A: Program Description
Exhibit B: Program Work Plan
Exhibit C: Proposed Implementation Timeline Schedule
Exhibit D: Program Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
II. TERM
The term of this Contract (the "Term") will begin on July 1, 2019 and will end on June 30,
2022, unless otherwise amended or terminated earlier pursuant to Section VII or Section VIII
below or extended pursuant to Section III below.
III. RENEWAL OPTIONS
The Term of this Contract may be extended by mutual agreement of the parties through a written
amendment to the Contract authorized by the City Council for the fiscal year(s) following the
Term, if all of the following conditions precedent are satisfied:
A. Authorization by CITY to expend additional funds for the purposes of this
Contract;
B. CITY 'S appropriation of BMR AHF funds for this Program;
C. CORPORATION'S satisfactory performance, as determined by the CITY in its
sole discretion, of all of its obligations as stated in this Contract;
D. Submission to CITY of current proof of insurance satisfying the requirements set
forth in Exhibit E.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with copies of the following documents, evidencing filing
with the appropriate governmental agency:
a) Its Articles of Incorporation under the laws of the State of California;
b) A copy of the current Bylaws of CORPORATION;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and
e) An adopted copy of CORPORATION'S personnel policies and
procedures.
2. During the Contract Term, immediately report any changes, subsequent to
the date of this Contract, in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to CITY.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public, meetings of its Board of Directors, if required by
California's open meeting laws, except meetings, or portions thereof, dealing with personnel or
litigation matters or as otherwise provided by law.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California and federal non-profit
corporation laws.
7. Provide to the CITY a copy of a resolution authorizing the
CORPORATION's execution of this Contract. The CORPORATION hereby warrants to the
CITY that this Contract is a legal, valid, and binding obligation of the CORPORATION
enforceable in accordance with its terms, and that the execution and delivery of this Contract and
the performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the Program within the City of Cupertino as described in Exhibits
A through D.
2. File quarterly reports on the type and number of services rendered
through the operation of the Program and a description of the beneficiaries of these services,
which reports will evaluate the manner in which the Program is achieving its objectives and
goals according to the standards established by CITY. The progress reports will be due ten (10)
days after the close of each quarter and must cover the three (3) months immediately preceding
the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication of
services.
4. Include an acknowledgement of CITY funding and support on all
appropriate Program-related publicity and publications as mutually agreed by the parties.
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who will be responsible for
the financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in writing of
the appointment of any new fiscal agent and that agent's name.
2. If the Term of this Contract is extended by an amendment for an
additional fiscal year, submit a satisfactory audit within one hundred fifty (150) days of the end
of the last fiscal year covered by this Contract.
3. Document all Program costs by maintaining records in accordance with
Section IV, Paragraph D below.
4. Submit to the CITY on a monthly basis a request for payment for services
actually performed, together with all supporting documentation. Invoices requesting
disbursements submitted after the expiration of the Contract will be honored only for eligible
charges incurred during the Contract Term. All invoices must be submitted within forty-five
(45) days of the expiration of the Contract Term. Funds not disbursed will be returned to the
City for future reallocation.
5. Certify current and continuous insurance coverage, subject to CITY
approval and in accordance with requirements as outlined in Exhibit E, and provide a current
insurance certificate evidencing such coverage.
6. Deliver to the CITY a copy of the resolution authorizing
CORPORATION's execution of this Contract.
7. Items 4 through 6 above are express conditions precedent to disbursement
of any CITY funding and failure to comply with these conditions will, at discretion of CITY,
result in suspension of funding or termination of this Contract.
8. If CORPORATION does not use the Grant funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings, which may lead to disallowed
costs subject to provisions of OMB Circular A-122, "Cost Principles for Non-Profit
Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. Maintain complete and accurate records of all its transactions including,
but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank
statements, client statistical records, personnel, property and all other pertinent records sufficient
to reflect properly (a) all direct and indirect costs of whatever nature claimed to have been
incurred or anticipated to be incurred to perform this Contract or to operate the Program, and (b)
all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided
in connection with the Program. Such data will include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of service
provided. Such information will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its
records:
1. Until five (5) years following date of final payment under this Contract, as
it may be amended, or
2. For such longer period, if any, as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating
to the work terminated will be preserved and made available for a period of five (5) years from
the date of termination.
F. Examination of Records and Facilities. At any time during normal business
hours, and as often as may be deemed necessary, CORPORATION agrees that the CITY, and/or
any duly authorized representatives may until expiration of the later of: (1) five (5) years after
final payment under this Contract, (2) five (5) years from the date of termination of this Contract,
or (3) such longer period as may be described by applicable law, have access to and the right to
examine its plants, offices and facilities used in the performance of this Contract or the operation
of the Program, and all its records with respect to the Program and all matters covered by this
Contract. CORPORATION also agrees that CITY or any duly authorized representatives will
have the right to audit, examine, and make excerpts or transactions of and from, such records and
to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel,
conditions of employment, materials and all other data relating to the Program and matters
covered by this Contract. CORPORATION will be notified in advance that an audit will be
conducted. CORPORATION will be required to respond to any audit findings, and have the
responses included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with
and cause all its subcontractors, independent contractors, and employees, if any, to become
familiar and comply with all applicable federal, state and local laws, ordinances, codes,
regulations and decrees.
H. Suspension and Termination. If CORPORATION materially fails to comply with
any term of this Contract, CITY may suspend or terminate the Contract in whole or in part. In no
event shall any payment by CITY hereunder constitute a waiver by CITY of any breach of this
Contract or any default, which may then exist on the part of CORPORATION, nor shall such
payment impair or prejudice any remedy available to CITY with respect to the breach or default.
CITY expressly reserves the right to demand of CORPORATION the repayment to the CITY of
any funds disbursed to CORPORATION under this Contract, which were not expended in
accordance with the terms of this Contract, and CORPORATION agrees to promptly refund any
such funds upon demand.
Notwithstanding the above, CORPORATION shall not be relieved of liability to
CITY for damages sustained by CITY or others by virtue of any breach of the Contract by
CORPORATION, and CITY may withhold any payments to the CORPORATION for the
purpose of set off until such time as the exact amount of damages due CITY from
CORPORATION is determined.
I. Reversion of Assets. Upon expiration or termination of this Contract, the
CORPORATION will transfer to the CITY any Grant funds on hand at the time of expiration and
any accounts receivable attributable to the use of such funds.
J. Conflict of Interest.
1. General Provision. In accordance with Government Code Section 1090
and the Political Reform Act, Government Code Section 87100 et seq., except for approved
eligible administrative or personnel costs, no person who is an employee, agent, consultant,
officer, or any immediate family member of such person, or any elected or appointed official of
the CITY who exercises or has exercised any functions or responsibilities with respect to the
activities funded by this Contract or who is in a position to participate in a decision-making
process may obtain a personal or financial interest or benefit from the activity, or have an interest
in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder,
during, or at any time after, such person's tenure. CORPORATION shall exercise due diligence
to ensure that the prohibition in this Section is followed.
Further, no person who is a director, officer, partner, trustee or employee or
consultant of CORPORATION, or immediate family member of any of the preceding, shall
make or participate in a decision, made by the CITY or a CITY board, commission or
committee, if it is reasonably foreseeable that the decision will have a material effect on any
source of income, investment or interest in real property of that person or CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions
used in the Political Reform Act, Government Code Section 87100 et seq., its implementing
regulations manual and codes, and Government Code Section 1090.
2. Provisions Specifically Applicable to BMR Units. In addition to
subparagraph (1) above, the following individuals are ineligible to purchase or rent a BMR unit:
a. CITY employees and officials (and their immediate family
members and dependents) who have policy-making authority or influence regarding CITY
housing programs, or who participate in making decisions regarding CITY housing programs,
administer CITY housing programs, or whose salary is paid in any part from a CITY housing
program;
b. Any consultant to the CITY and employees of the consultant (and
their immediate family members and dependents) who have policy-making authority or influence
regarding CITY housing programs, or who participate in making decisions regarding CITY
housing programs, administer CITY housing programs, or whose salary is paid in any part from
the Grant or any other CITY housing program. These provisions regarding consultants apply to
the CORPORATION and its employees, their immediate family members, and dependents;
c. An applicant for or developer of the project containing the BMR
units and its officers and employees (and their immediate family members and dependents), and
the property owner or manager of the project and its officers and employees (and their immediate
family members and dependents), or
d. Any other individual who has a conflict of interest as defined by
federal or state law or those covered by the CITY'S adopted Conflict of Interest Code.
The CORPORATION shall annually inform the CITY if any of its employees are on the wait list
for BMR units and of their placement on the wait list. If an employee of the CORPORATION is
being evaluated for the purchase or rental of a particular BMR unit, then all review, evaluation,
and decision regarding that BMR unit must be performed by the CITY, not the
CORPORATION.
V. OBLIGATIONS OF CITY
Method of Payment. During the Term of this Contract, CITY shall disburse the BMR AHF
Grant funds to CORPORATION on a reimbursement basis for services actually performed for all
allowable costs and expenses incurred in connection with the Program, not to exceed the total
sum of Two Hundred Twenty-Five Thousand Dollars and No Cents ($225,000.00) for
fiscal year 2019-2020, and increasing by seven percent (7%) each fiscal year through the end of
the Term, as it may be amended. CITY may, at any time in its absolute discretion, elect to
suspend or terminate payment to CORPORATION, in whole or in part, pursuant to this Contract
based on CORPORATION'S non-compliance, including, but not limited to, incomplete
documentation of expenses, failure to substantially meet goals and objectives as required in
Exhibit B ("Program Work Plan"), failure to submit adequate progress reports as required by this
Contract, or other incidents of non-compliance as described in Section VII, Paragraph B of this
Contract or based on the refusal by CORPORATION to accept any additional conditions that
may be imposed by City at any time to ensure compliance with the terms of this Contract.
VI. PROGRAM COORDINATION
A. CITY. The CITY Executive has designated the Senior Housing Planner for CITY
who will render overall supervision of the progress and performance of this Contract by CITY.
B. CORPORATION. As of the date hereof, CORPORATION has designated
Mardie Oakes to serve as Executive Director and to assume overall responsibility for the
progress and execution of this Contract. The CITY will be immediately notified in writing of the
appointment of a new Executive Director.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: Attention: Housing Manager
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
CORPORATION: Hello Housing
Attn: Executive Director
1242 Market Street, 3rd Floor
San Francisco, CA 94102
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the
Program performance is the mutual responsibility of both CITY and CORPORATION.
CORPORATION must furnish all data, statements, records, information, and reports necessary
for CITY to monitor, review, and evaluate the performance of the Program and its components.
CITY will have the right to request the services of an outside agent to assist in any such
evaluation. Services of any outside agent shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision
of this Contract, CITY will have the right to require corrective action to enforce compliance with
such provision as well as the right to suspend or terminate this Contract. Examples of
noncompliance include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to CITY in
connection with the Program.
2. If there is pending litigation with respect to the performance by CORPORATION
regarding any of its duties or obligations under this Contract, which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION has taken any action pertaining to the Program, which action
required CITY approval, and such approval was not obtained.
4. If CORPORATION has not duly performed, complied with, or observed any provision
of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in
any material respect.
7. If CORPORATION fails to meet the stated objectives in the Program Work Plan
attached as Exhibit B.
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CORPORATION pursuant to this Contract, will have the right to give CORPORATION notice
of CITY'S intention to consider corrective action to enforce compliance. Such notice must
indicate the nature of the non-compliance and the procedure whereby CORPORATION will
have the opportunity to participate in formulating any corrective action recommendation. CITY
will have the right to require the presence of CORPORATION'S officer(s) and Executive
Director at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action recommendations in
accordance with the corrective action timetable, CITY may suspend payments to
CORPORATION as described in Section V above or terminate this Contract as set forth in
Section VIII below.
VIII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written
notice to CORPORATION, for any of the following reasons: uncorrected Contract non-
compliance, as defined in Section VII, Paragraph B; CORPORATION is in bankruptcy or
receivership; a member of the CORPORATION'S Board of Directors or the Executive Director
is found to have committed fraud or; there is reliable evidence that CORPORATION is unable to
complete the Program as described in the attached Exhibits. The date of termination will be as
specified in the notice.
B. Termination for Convenience. In addition to the CITY'S right to terminate for
cause set forth in Section VII, either CITY or CORPORATION may suspend or terminate this
Contract for any reason by giving thirty (30) days prior written notice to the other party. Upon
receipt of such notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to
return funds to the CITY.
D. Upon termination of this Contract, CORPORATION must immediately provide
CITY access to all documents, records, payroll, minutes of meetings, correspondence and all
other data pertaining to Grant made to CORPORATION pursuant to this Contract.
IX. PROGRAM INCOME
If CORPORATION receives additional funds to implement the Program, CORPORATION shall
report such income to the CITY when submitting monthly invoices. CORPORATION may use
such income during the Contract Term for activities permitted under this Contract and shall
reduce requests for Grant funds by the amount of any such income received to implement the
Program.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any social security, worker's compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill, and ability to perform of the
CORPORATION. The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower and
moderate income persons and the CITY's reliance on the unique qualifications of the
CORPORATION. Consequently, this Contract may not be assigned to another corporation,
person, partnership or any other entity without the prior written approval of CITY. None of the
work or services to be performed hereunder may be assigned, delegated or subcontracted to third
parties without the prior written approval of CITY, which the CITY may withhold in its sole
discretion. Copies of all third party contracts shall be submitted to CITY at least ten (10) days
prior to the proposed effective date. In the event CITY approves of any such assignment,
delegation or subcontract, CORPORATION shall remain fully liable for all obligations and
requirements under this Contract, including the performance and any liabilities attaching to the
assignees' actions or omissions.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information regarding
applicants for services offered by the Program pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information will be divulged only as necessary for purposes related to the performance or
evaluation of the services and work to be provided pursuant to this Contract, and then only to
persons having responsibilities under this Contract, including those furnishing services under the
Program through approved subcontracts. CORPORATION agrees to maintain client records
consistent with applicable laws regarding personal privacy and obligations of confidentiality.
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit E, "Basic Insurance and Bond
Requirements for Non-Profit Contracts", CORPORATION will indemnify and hold harmless the
CITY, its employees, agents, and officials, members of boards and commissions, from any and
all claims, actions, suits, charges and judgments whatsoever, with respect to any damages,
including attorney's fees and court costs, arising out of the failure of the CORPORATION's
Program to comply with applicable laws, ordinances, codes, regulations and decrees.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect to such
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item which is not eligible for payment under the Program or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable federal, state, and local laws and regulations
including the CITY'S policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION's contracts with sub-
contractors and vendors when utilizing the Grant funds disbursed for this program.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto. Amendments will
not invalidate this Contract, nor relieve or release the CITY or the CORPORATION from its
obligations under this Contract.
XVII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XVIII. MISCELLANEOUS
A. Headings. The captions and section headings used in this Contract are for
convenience of reference only, and the words contained herein will, in no way, be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Contract.
B. Discretion Retained By CITY. CITY's execution of this Contract in no way limits
the discretion of the CITY in the permit and approval process in connection with the Program.
C. Exhibits. All Exhibits attached hereto and referred to in this Contract are
incorporated herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit
A (Program Description), Exhibit B (Program Work Plan), Exhibit C (Proposed Implementation
Time Schedule), Exhibit D (Program Budget), Exhibit E (Basic Insurance and Bond
Requirements for Non-Profit Contracts).
D. Interpretation. Each party to this Contract has had an opportunity to review the
Contract, confer with legal counsel regarding the meaning of the Contract, and negotiate
revisions to the Contract. This Contract shall not be construed as if it had been prepared by one
of the parties, but rather as if both parties had prepared it. The parties have read and reviewed
this Contract and agree that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party (including but not limited to Civil Code Section 1654 as may
be amended from time to time, or any other state law, or common law principle) shall not apply
to the interpretation of this Contract.
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this
Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Parties Bound. Except as otherwise limited herein, the provisions of this Contract
shall be binding upon and inure to the benefit of the parties and their heirs, executors,
administrators, legal representatives, successors, and assigns.
H. Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this
Contract, the prevailing party will have the right to recover its reasonable attorneys' fees and
costs of suit from the other party.
I. Severability. If any term of this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in
full force and effect unless the rights and obligations of the parties have been materially altered
or abridged by such invalidation, voiding or unenforceability.
J. Authorization. The persons signing below are duly authorized to execute this
Contract.
K. Multiple Originals; Counterpart. This Agreement may be executed in multiple
originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signatures on following page.]
IN WITNESS WHEREOF, the parties have executed this Contract the day and year
above written.
CORPORATION: CITY:
HELLO HOUSING, a California nonprofit CITY OF CUPERTINO, a municipal
public benefit corporation corporation
By: _____________________________ By: _____________________________
Mardie Oakes Deborah Feng
Executive Director City Manager
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: ______________________________
Heather Minner Date Grace Schmidt Date
City Attorney City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
Original Contract (1st Yr.): $235,000.00
Original Contract (2nd Yr.): $251,450.00
Original Contract (3rd Yr.): $269,051.50
Total: $755,501.50
EXHIBIT A
PROGRAM DESCRIPTION
FY 2019 - 2022
Agency Name:
Hello Housing
Executive Director:
Mardie Oakes
Program Manager:
Matt Warner
Grant # (For Office Use Only)
Street Address:
1242 Market Street, 3rd Floor
City:
San Francisco
State:
CA
Zip Code:
94102
Telephone number:
(415) 863-3036
Fax Number:
(415) 813-6113
Program Manager Email Address:
matt@hellohousing.org
Name of Project/Program:
BMR Program Administration
Project/Program Location:
City-wide
Program Description:
Administration Services
• Consultant will be the primary contact for the BMR Program and will handle all inquiries and
correspondence from applicants, current BMR homeowners and renters, and property managers in
buildings with units restricted under the BMR Program.
• Consultant will advertise the BMR Program, as needed, to solicit buyers and renters for available units and
to establish a waiting list.
• Consultant will maintain a waiting list of qualified buyers and renters in accordance with the BMR Program
guidelines. Maintenance of the waiting list includes reviewing required annual applications to remain
on the waiting list, conducting an annual lottery for new applicants, and sorting all applicants into the
appropriate priority point level within the waiting list.
• Consultant will utilize the City's procedures, ordinance(s), resolution(s), and guidelines in the
implementation of the BMR Program.
• Consultant will develop a report form in conjunction with the City representative and submit quarterly
activity reports.
• Consultant will provide suggestions to the City for potential modifications to the City's application process,
procedures, and/or guidelines to ensure effective operation of the BMR Program.
• Consultant will maintain marketing content for the BMR Program, including flyers, website, and other
material as needed.
• When requested by the City, Consultant will advise and assist City staff on matters related to the BMR
Program.
• As necessary, Consultant will provide access to translation in other languages.
BMR Purchase Program Services
• Consultant will manage the entire sale process from advertising of available units to completing the closing
on the BMR unit.
• Consultant will prepare the sales schedule for City approval. Consultant will then send notice of unit
availability, sales price, location, and unit size to applicants at the top of the appropriate section of the
waiting list with a deadline for submittal of their applications.
• Upon receipt of one or more applications for the purchase of a unit, Consultant will ensure that each
application is complete, verify eligibility, and confirm priority points. Consultant will rank the
applications according to criteria in the City's written guidelines and coordinate approval with the City.
• Consultant will be available to answer any questions regarding the BMR Program and will help facilitate
escrow closing. Consultant will also facilitate recordation of the resale restrictions, requests for notice
of default, subordination agreements, and any other applicable documents with the title company prior
to close of escrow.
• Consultant will maintain a list of local lenders interested in providing loans to qualified BMR Program
applicants.
• Consultant will inspect prospective sales units, hold at least one "open house" for prospective buyers, assist
buyers with locating financing, coordinate appraisal, property and termite inspections, prepare
disclosure statements, open and close escrows all in accordance with accepted real estate practices, and
coordinate close of escrow to meet program deadlines (90 days in most cases).
• Consultant will provide or arrange Home Buyer education consistent with U.S. Department of Housing and
Urban Development (HUD) standards.
• Consultant will monitor BMR units annually to confirm program compliance and investigate and manage
potential defaults.
• Consultant will review and process requests for refinancing of BMR homes and junior loans in accordance
with BMR Program guidelines.
BMR Rental Program Services
• Consultant will manage entire rental process including advertising of available units.
• Consultant will provide the property owner / manager of projects containing City BMR units with the most
current income and rent guidelines upon issuance by HCD each year.
• Consultant will monitor BMR unit rents annually to ensure compliance with the required affordable rent
levels under the BMR Program.
• Consultant will advise the property owner / manager regarding their compliance with the BMR Program.
• Consultant will verify the eligibility of prospective tenants qualified by the property manager.
• Consultant will manage the entire recertification process annually to ensure renters maintain BMR Program
eligibility. In the event that a renter no longer qualifies for the City's BMR Program, consultant will
work with the property manager to terminate the tenant's BMR Program participation after the
applicable appeal period has lapsed and to qualify a new applicant for that BMR unit.
The attached Implementation Plan is incorporated by reference.
EXHIBIT B
PROGRAM WORK PLAN
FY 2019 - 2022
AGENCY NAME: Hello Housing
PROGRAM NAME: BMR Program Administration
Objectives
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
Fill BMR rental vacancies 3 3 3 3 12
Manage BMR Resale & Refinance
process 1 1 1 1 4
Maintain BMR waiting list 100 100 100 100 400
BMR ownership monitoring 0 0 121 0 121
BMR rental monitoring 35 36 36 35 142
Provide BMR program information and
resources 25 25 25 25 100
EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2019 - 2022
AGENCY NAME: Hello Housing
PROGRAM NAME: BMR Program Administration
Activity Number & Description:
1. Fill BMR rental vacancies
2. Manage BMR Resale & Refinance process
3. Maintain BMR waiting list
4. BMR ownership monitoring
5. BMR rental monitoring
6. Provide BMR program information and resources
Proposed Pricing for the City of Cupertino
8-Jul-19
Ownership - Key Assumptions 2019-2020 2020 - 2021 2021-2022
BMR Ownership Homes in Portfolio 120 120 120
Estimated Number of Resales 2 2 2
BMR Homes Subject to Annual Monitoring 120 120 120
Estimated Number of Refinances 3 3 3
Estimated Number of Ownership Waitlist Members 278 298 318
Estimated Net New Waitlist Members 20 20 20
Workshops (Waitlist Orientation)0.5 0.5 0.5
Annual Escalator (a)7%7%
Ownership Activities Notes 2017-2019 Rates 2019-2022 Rates Year 1 Year 2 Year 3
ANNUAL FIXED FEES
Field calls from City and public, maintain website, staff, reporting (b)$500 per month $650 per month 7,800$ 8,346$ 8,892$
BMR Ownership Annual Compliance Monitoring $125 per household $165 per household 19,800$ 21,186$ 22,572$
Waitlist Update - Ownership $50 per applicant $65 per applicant 18,070$ 20,726$ 23,564$
Annual Fixed Cost Subtotal Annual Fixed Cost Subtotal 45,670$ 50,258$ 55,028$
ANNUAL VARIABLE FEES (VOLUME DEPENDENT)
Workshops (Waitlist Orientation)$750 per workshop $1,000 per workshop 500$ 535$ 570$
Management of Resales $4,000 per home $6,000 per home 12,000$ 12,840$ 13,680$
Management of Refinances $650 per transaction $850 per transaction 2,550$ 2,729$ 2,907$
Demographics Summary Report for Existing Homeowners n/a $15 per household 1,800$
Demographics Survey of Ownership Waitlist and Summary Report n/a $15 per household 4,470$
Recordation of Requests for Notices of Default (75 homes outstanding)(c) $40 per home $45 per home 3,375$
Allowance for Hourly (assumes Program Manager rates for pricing)$90 per hour $110 per hour 1,100$ 1,177$ 1,254$
Variable Cost Subtotal 25,795$ 17,281$ 18,411$
OWNERSHIP
Annual Fixed Costs 45,670$ 50,258$ 55,028$
Projected Transactional Costs 25,795$ 17,281$ 18,411$
71,465$ 67,538$ 73,439$
Rental - Key Assumptions 2019-2020 2020 - 2021 2021-2022
BMR Rental Homes in Portfolio 142 142 142
Estimated Number of BMR Rental Unit Turnover 12 12 12
Estimated Number of Eligibility Reviews to Fill a Vacant Unit 2 2 2
Estimated Number of Rental Waitlist Members 506 536 566
Estimated Net New Rental Waitlist Members 30 30 30
Workshops (Waitlist Orientation)0.5 0.5 0.5
Annual Escalator 7%7%
Rental Activities Notes 2017-2019 Rates 2019-2022 Rates Year 1 Year 2 Year 3
ANNUAL FIXED FEES
Field calls from City and public, maintain website, staff, reporting (b)$500 per month $650 per month 7,800$ 8,346$ 8,892$
BMR Rental Compliance Monitoring $275 per unit $600 per unit 85,200$ 91,164$ 97,128$
Waitlist Update - Rental $50 per applicant $65 per applicant 32,890$ 37,279$ 41,941$
Annual Fixed Cost Subtotal 125,890$ 136,789$ 147,961$
ANNUAL VARIABLE FEES (VOLUME DEPENDENT)
BMR Orientation Meeting/Workshops $750 per workshop $1000 per workshop 500$ 535$ 570$
BMR Rental Eligibility Verification Upon Vacancy $275 per applicant $600 per applicant 14,400$ 15,408$ 16,416$
Demographics Survey of Existing Tenants n/a $15 per household 2,130$
Demographics Survey of Rental Waitlist n/a $15 per household 8,040$
Allowance for Hourly (assumes Program Manager rates for pricing)$90 per hour $110 per hour 1,100$ 1,177$ 1,254$
Annual Variable Cost Subtotal 26,170$ 17,120$ 18,240$
RENTAL
Annual Fixed Costs 125,890$ 136,789$ 147,961$
Projected Transactional Costs 26,170$ 17,120$ 18,240$
152,060$ 153,909$ 166,201$
TOTAL OWNERSHIP & RENTAL
Annual Fixed Costs 171,560$ 187,047$ 202,988$
Projected Transactional Costs 51,965$ 34,401$ 36,651$
Total 223,525$ 221,447$ 239,639$
5% contingency 11,176$ 11,072.36$ 11,981.97$
Contract Maximum 234,701$ 232,520$ 251,621$
Additional Services Available Upon Request Rates
BMR Homeowner Custom Annual Newsletter $4000 per issue
Hourly Consulting Fees (for services outside base scope)
President 150$ 225$
Vice President -$ 170$
Program Director 110$ 135$
Program Manager 90$ 110$
Program Associate 55$ 70$
Notes
(c) Based on an audit of ownership files, there are approximately 75 homes which do not have a Request for Notice of Default recorded which puts those units at far greater risk of loss.
Administration of Cupertino's BMR Program
(a) For multi-year contracts, Hello Housing needs to build in an annual escalator of 7%.
(b) The fee covers staff time fielding questions from applicants, program participants, and the City, submitting reports, regularly updating website and marketing materials and cross-training of multiple
Exhibit D
Program Budget
FY 2019-22
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party
contracting with the City of Cupertino for the direct distribution of BMR AHF funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional coverage to be purchased by the Contractor
to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
4. For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
CC 07-16-19 #22
Cupertino Village Hotel
Written Communications
DP-2018-04
RESOLUTION NO. _________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A DEVLEOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A
NEW 5-STORY, 185 ROOM HOTEL ON A 1.72-ACRE SITE IN THE CUPERTINO
VILLAGE SHOPPING CENTER LOCATED AT 10801 AND 10805 NORTH WOLFE
ROAD (APN: 316-45-017 AND 316-05-56)
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2018-04
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-56)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I. of this resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public
hearing in regard to the application; and
WHEREAS, the City of Cupertino’s Environmental Review Committee at its December
13, 2018 meeting reviewed the Draft Mitigated Negative Declaration, received public
comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote
with minor modifications, and provided measures that ensure the least impactful
development of the proposed hotel; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS, on June 11, 2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented (Resolution no. 6876), approve the Development
Permit (DP-2018-04) in substantially similar form to the Resolution presented (Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
(Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution;
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the Development Permit; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019, the City Council adopted Resolution No. [####]
adopting the Final IS/MND and Resolution No. [####] adopting the General Plan
Amendment; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
The project is consistent with the General Plan as amended by General Plan Amendment
GPA-2017-05 and Zoning Ordinance and has been designed to be compatible with and
respectful of adjoining land uses. Additionally, the relevant mitigation measures will be
incorporated as part of the CEQA review process to mitigate potential impacts to a less than
significant level. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience.
2. The proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of the City’s
zoning ordinances.
The General Plan land use designation for the property is Commercial/Residential. The
proposed use is consistent with the General Plan as amended by General Plan Amendment
GPA-2017-05. The subject property is zoned as Planned Development Zoning District with
General Commercial and Residential intent. As a hotel use in the general commercial zoning
district, the project is required to obtain a Conditional Use Permit (CUP), which the project is
seeking and subject to approval, see Condition of Approval (COA) #3 in Section III. The
proposed development has met the applicable development standards of the general plan and
zoning district such as height, setbacks, and parking regulations. Therefore, the proposed
development is consistent with the purpose of the City’s zoning ordinance
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA-2017-01), subject to the conditions
which are enumerated in this Resolution beginning on PAGE 3 thereof, and those
contained in all other Resolutions approved for this Project,
The application for a Development Permit, Application No. DP-2018-04, is hereby
approved, and that the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record concerning
Application no. DP-2018-04 as set forth in the Minutes of the City Council Meeting of July
16, 2019 Meeting, and are incorporated by reference as though fully set forth herein.
This Resolution shall not take effect unless and until the General Plan Amendment for
the Project (GPA-2017-05) becomes effective.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set received November 8, 2018 consisting of 48
sheets labeled as Planning Submittal, Table of Contents, 3-43, C1.1, C2.1, C2.2,
C3.1, and C.24 drawn by Hornberger + Worstell and Keir & Wright Civil Engineers
& Surveyors, Inc, except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. GPA-2017-05, DA-2017-01, ASA-
2017-09, TR-2017-46, U-2018-03 and EA-2017-06 shall applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements.
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. HOUSING MITIGATION FEES
The applicant shall participate in the City’s Below Market Rate (BMR) Housing
Program by paying the applicable housing mitigation fees prior to issuance of
building permits per the Housing Mitigation Manual.
7. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy
2-66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino
Municipal Code). The minimum expenditure for the artwork, including, but not
limited to design, fabrication, and installation is one (1) percent of the construction
valuation for the first $100 million on construction valuation, or 0.9% of
construction valuation for valuation in excess of $100 million. The project pro
forma shall be provided to the City to confirm the project budget. The public art
plans (including location and design) shall be reviewed by the Fine Arts
Commission during the building permit stage, in advance of final occupancy.
Once approved by the Fine Arts Commission, the public artwork shall be installed
to the satisfaction of the City prior to final occupancy. In the event the developer
or property owner determines that the placement of artwork on a particular
property may not be feasible, the developer or property may apply to the Fine Arts
Commission for an in-lieu payment alternative as indicated in Chapter 19.148 of
the Cupertino Municipal Code. The in lieu payment shall be 1.25% of the
construction valuation.
8. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
9. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
A demolition and construction management plan shall be submitted and reviewed
prior to building permit issuance. Prior to commencement of construction
activities, the applicant shall arrange for a pre-construction meeting with the
pertinent departments (Building, Planning, and Public Works) to review the
prepared construction management plan, to ensure that construction complies
with the conditions of approval, staging of construction equipment is appropriate,
tree protection measures are in place, public access routes are identified, and noise
and dust control measures are established. The plan shall include but not be
limited to the following:
a. Compliance with CEQA Mitigation Measures
b. Appropriate construction staging area
c. Hours of construction
d. Compliance with the City noise ordinance
e. Best management practices
f. Any other measures as determined to be appropriate by the Director of
Community Development
10. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during nighttime period as defined in Section 10.48.053(b) of the
Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
11. HUMAN REMAINS
Applicant shall indicate compliance with requirements related to human remains
on all demolition, construction and grading permits and construction
management plan(s) as follows:
a. If human remains are encountered at the site, all work in the immediate vicinity
of the discovery shall cease and necessary steps to ensure the integrity of the
immediate area shall be taken.
b. The Santa Clara County Coroner shall be notified immediately.
c. The Coroner shall then determine whether the remains are Native American.
If the Coroner determines the remains are Native American, the Coroner shall
notify the California Native American Heritage Commission (NAHC) within
24 hours, who will, in turn, notify the person the NAHC identifies as the Most
Likely Descendent (MLD) of any human remains.
d. Further actions shall be determined, in part, by the desires of the MLD. The
MLD has 48 hours to make recommendations regarding the disposition of the
remains following notification from the NAHC of the discovery.
e. If the MLD does not make recommendations within 48 hours, the owner shall,
with appropriate dignity, reinter the remains in an area of the property secure
from further disturbance. Alternatively, if the owner does not accept the MLD’s
recommendations, the owner or the descendent may request mediation by the
NAHC.
12. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall
obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since the building size is over 50,000 square feet. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria.
13. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
14. SITE LIGHTING
All new lighting must conform to the standards in the Parking Regulations
Ordinance, and the final lighting plan (including a detailed photometric plan) shall
be reviewed and approved by the Director of Community Development prior to
building permit issuance. A report from a licensed lighting engineer may be
required to confirm all exterior lighting throughout the site complies with the
City’s Ordinance.
15. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. A line of sight plan may be
required to demonstrate that the equipment will not be visible from any public
right-of-way. The location of the equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
16. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
17. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance
(CMC, Chapter 14.15). A landscape installation audit shall be conducted by a
certified landscape professional after the landscaping and irrigation system have
been installed. The findings of the assessment shall be consolidated into a
landscape installation report. The landscape installation report shall include, but
is not limited to: inspection to confirm that the landscaping and irrigation system
are installed as specified in the landscape and irrigation design plan, system tune-
up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule. The landscape
installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation
design plan and complies with the criteria of the ordinance and the permit.”
18. LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C of the Landscape
Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
landscape design plans, and irrigation plans shall be reviewed and approved to
the satisfaction of the Director of Community Development prior to issuance of
building permits. A full Landscape Documentation Package submittal will be
required.
19. NOISE LEVELS AND ABATEMENT
Project use shall comply with the City’s Community Noise Control Ordinance at
all times. Should the project exceed any of the stipulated maximum noise levels
outlined in the City’s Community Noise Control Ordinance, an acoustical
engineer may be required to submit noise attenuation measures to the satisfaction
of the Director of Community Development at the applicant’s expense.
20. ONGOING OBLIGATIONS
The applicant shall be responsible to implement the ongoing obligation as
described in the Initial Study/Mitigated Negative Declaration and section 5.1.2
through 5.1.7 of the Development Agreement (DA-2017-01) adopted on ________
date, which includes the following:
• Transportation Demand Management Program
• Preferential Hiring
• Shuttle Service
• Meeting Rooms
• Reduced Rates
• Internships
21. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the “indemnified parties”) from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified
parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attorneys’
fees and costs incurred in defense of the litigation. The applicant shall pay such
attorneys’ fees and costs within 30 days following receipt of invoices from City.
Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise
employed as City staff and shall include City Attorney time and overhead costs
and other City staff overhead costs and any costs directly related to the litigation
reasonably incurred by City.
22. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with
all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. TRAFFIC IMPACT FEES
Prior to building permit issuance, the Project is subject to the payment of Traffic
Impact Fees under the City’s Transportation Impact Fee Program (Chapter 14.02
of Cupertino Municipal Code).
2. STREET IMPROVEMENTS & DEDICATION
Provide a dedication in fee title and improvements of the public streets along the
project frontage to the satisfaction of the Director of Public Works.
Street improvements may include, but not be limited to the following: a) re-
construct curb ramp that crosses Wolfe Rd near the northerly driveway to ensure
debris does not collect in the curb ramp area, or provide other options for the City
to consider that will stop debris from collecting; b) install new sidewalk on Wolfe
Rd. & Pruneridge Ave.; c) install ADA ramp(s).
3. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g.
walkways, bicycle racks, etc.) consistent with the 2016 Cupertino Bicycle
Transportation Plan and the 2018 Cupertino Pedestrian Transportation Plan, and
as approved by the Director of Public Works. All improvements must be
completed and accepted by the City prior to Building Final Occupancy. All
improvements must be completed and accepted by the City prior to Building Final
Occupancy.
4. RECLAIMED WATER
The developer will be required, at the discretion of the Director of Public Works,
to install or contribute a fair share for a reclaimed water main along Wolfe Road
from the intersection at Homestead Rd to Pruneridge Ave.
5. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public
Works. Lighting fixtures shall be positioned to preclude glare and other forms of
visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
6. GRADING
Prior to building permit issuance, grading shall be as approved and required by
the Director of Public Works in accordance with Chapter 16.08 of the Cupertino
Municipal Code. 401 Certifications and 404 permits may be required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
7. DRAINAGE
Prior to building permit issuance, drainage shall be provided to the satisfaction of
the Director of Public Works. Hydrology and pre- and post-development
hydraulic calculations must be provided to indicate whether additional storm
water control measures are to be constructed or renovated. The storm drain
system may include, but is not limited to, subsurface storage of peak stormwater
flows (as needed), bioretention basins, vegetated swales, and hydrodynamic
separators to reduce the amount of runoff from the site and improve water quality.
The storm drain system shall be designed to detain water on-site (e.g., via buried
pipes, retention systems or other approved systems and improvements) as
necessary to avoid an increase of the ten percent flood water surface elevation to
the satisfaction of the Director of Public Works. Any storm water overflows or
surface sheeting should be directed away from neighboring private properties and
to the public right of way as much as reasonably possible.
All storm drain inlets shall be clearly marked with the words “No Dumping –
Flows to Creek” using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
Approved trash capture devices will be required onsite to detain trash from
flowing to the public storm drain system. Trash capture devices shall meet the
Municipal Regional Permit requirements.
8. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
10,000 S.F. or more of impervious surface (collectively over the entire project site).
The developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment,
unless an alternative storm water treatment plan, that satisfies C.3 requirements,
is approved by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan,
Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and
Maintenance Agreement, and certification of ongoing operation and maintenance
of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
9. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, park dedication fees and fees for under
grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($7,105.00 or 6% of
improvement costs)
b. Grading Permit: Per current fee schedule ($2,941.00 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($9,471 per AC)
d. Power Cost: **
e. Strom Management Plan Fee: Per current fee schedule ($1,382)
f. Traffic Impact Fee +/- $470,659 Per current fee schedule ($3,387
per room – credit for restaurant)
g. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
10. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s Public
Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction
of the Environmental Programs Manager. Clearance by the Public Works
Department is required prior to obtaining a building permit. (Sections 9.18.210 H
& K of Cupertino Municipal Code)
11. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, landscaping, pavers, and streetlights.
Developer shall provide reciprocal easements for ingress, egress, landscaping, and
utilities between the project and adjacent parcel.
12. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the Director of Public Works.
13. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
14. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site driveways
to a location approved by the Cupertino Planning Department, Santa Clara
County Fire Department and the water company.
15. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP
plans shall be included in grading and street improvement plans.
16. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board
(SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB,
which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm
water runoff quality, and BMP inspection and maintenance.
17. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
18. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show
the timetable for all grading/erosion control work in conjunction with this project.
19. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer
to be approved by the City. The plan shall include a temporary traffic control plan
for work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform
Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
20. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of
the Director of Public Works and shall be of a type approved by the City in
accordance with Ordinance No. 125.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
22. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically, Backflow Preventers
should be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
23. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
24. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection,
service capability and location and layout of water lines and backflow preventers
before issuance of a building permit approval.
25. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. FIRE SPRINKLERS REQUIRED:
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive. For the purposes of this section,
firewalls used to separate building areas shall be constructed in accordance with the
California Building Code and shall be without openings or penetrations. NOTE: The
owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a
completed permit application and appropriate fees to this department for review and
approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by
CMC.
2. STANDPIPES REQUIRED
Standpipe systems shall be provided in new buildings and structures in accordance
with this section. Fire hose threads used in connection with standpipe systems shall
be approved and shall be compatible with fire department hose threads. The location
of fire department hose connections shall be approved. Standpipes shall be manual
wet type. In buildings used for high-piled combustible storage, fire hose protection
shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall
be installed in accordance with this section and NFPA 14 as amended in Chapter 47.
CFC Sec. 905
3. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection systems, and/or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the
requirements of the water purveyor of record are documented by that purveyor as
having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7.
4. PUBLIC FIRE HYDRANT(S) REQUIRED
Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire
Department and San Jose Water Company. Maximum hydrant spacing shall be 500
feet, with a minimum single hydrant flow of 500 GPM at 20 psi, residual. Fire hydrants
shall be provided along required fire apparatus access roads and adjacent public
streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C.
Identify the location of all existing and new fire hydrants to comply with above
mentioned code section. All new hydrants to comply with hydrant spacing
requirements.
5. TIMING OF INSTALLATION
When fire apparatus access roads or a water supply for fire protection is required to
be installed, such protection shall be installed and made serviceable prior to and
during the time of construction except when approved alternative methods of
protection are provided. Temporary street signs shall be installed at each street
intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2 CFC Sec. 501.4
6. REQUIRED FIRE DEPT. ACCESS
Commercial and Industrial Developments
a. Buildings exceeding three stories or 30 feet in height. Buildings or facilities
exceeding 30 feet (9144 mm) or three stories in height shall have a least two means
of fire apparatus access for each structure.
b. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a
gross building area of more than 62,000 square feet (5760 mm) shall be provided
with two separate and approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to 124,000 square feet (11520
mm) that have a single approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler systems. CFC Sec.903 as
adopted and amended by CMC.
7. REQUIRED AERIAL ACCESS
a. Where required: Buildings or portions of buildings or facilities exceeding 30 feet
(9144 mm) in height above the lowest level of fire department vehicle access shall
be provided with approved fire apparatus access roads capable of accommodating
fire department aerial apparatus. Overhead utility and power lines shall not be
located within the aerial fire apparatus access roadway.
b. Width: Fire apparatus access roads shall have a minimum unobstructed width of
26 feet (7925) in the immediate vicinity of any building or portion of building more
than 30 feet (9144 mm) in height.
c. Proximity to building: At least one of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572) and a maximum of
30 feet (9144mm) from the building, and shall be positioned parallel to one entire
side of the building, as approved by the fire code official. Aerial access as shown
for the Office Building is not adequate. Also, an aerial access roadway must be
provided between building A and B and building D. CFC Chp. 5 SCCFD SD&S A-
1.
8. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED:
Provide access roadways with a paved all weather surface, a minimum width of 20
feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36
feet and 23 feet inside, and a maximum slope of 15%. For installation guidelines
refer to Fire Department Standard Details and Specification sheet A-1. CFC Sec. 503.
Include all above required dimensions on the plans.
9. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND
Provide an approved fire department engine roadway turnaround with a minimum
radius of 36 feet outside and 23 feet inside. Installation shall conform to Fire
Department Standard Details and Specification sheet A-1. Cul-de-sac. CFC Sec. 503 as
adopted and amended by CUPMC.
10. GROUND LADDER ACCESS
Ground-ladder access rescuer from second and third floor rooms shall be made
possible for fire department operations. With the climbing angle of seventy-five
degrees maintained, an approximate walkway width along either side of the building
shall be no less than seven feet clear. Landscaping shall not be allowed to interfere
with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
11. TWO-WAY COMMUNICATION SYSTEM
Two-way communication systems shall be designed and installed in accordance with
NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California
Fire Code (2016 edition), the California Building Code (2016 edition), and the city
ordinances where two-way system is being installed, policies, and standards. Other
standards also contain design/installation criteria for specific life safety related
equipment. These other standards are referred to in NFPA 72.
12. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72.
13. EMERGENCY RADIO RESPONDER COVERAGE:
Emergency responder radio coverage in new buildings. All new buildings shall have
Approved radio coverage for emergency responders within the building based upon
the existing coverage levels of the public safety communication systems of the
jurisdiction at the exterior of the building. This section shall not require improvement
of the existing public safety communication systems. Refer to CFC Sec. 510 for further
requirements. Emergency Radio Responder Coverage requirements applies to both
buildings.
14. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and our Standard Detail and Specification SI-7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
15. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast
with their background. Where required by the fire code official, address numbers
shall be provided in additional approved locations to facilitate emergency response.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address numbers shall be maintained.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
1. IMPROVEMENT PLANS
Improvement plans shall be submitted to the District for review and comments.
2. FEES AND PERMITS
Cupertino Sanitary District fees and permits will be required.
3. LATERALS
The new hotel must utilize all three laterals that serve the parcel. Plans will be
reviewed during building phase.
4. RESTAURANT AND KITCHEN
Restaurant and Kitchen area must connect to adequately sized grease control
device. Grease control devise must be sized by Cupertino Sanitary District.
PASSED AND ADOPTED this 16th day of July 2019, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Grace Schmidt, City Clerk
________________________
Date
1140058.1
ASA-2017-09
RESOLUTION NO. ____
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW
THE CONSTRUCTION OF A NEW 5-STORY, 185 ROOM HOTEL WITH ASSOCIATED
SITE AND LANDSCAPING IMPROVEMENTS LOCATED AT 10801 AND 10805
NORTH WOLFE ROAD (APN: 316-45-017 AND 316-05-56)
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2017-09
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-56)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval as described in Section I. of this resolution; and
WHEREAS, the necessary notices were given and the comment period for the application
was provided as required by the Procedural Ordinance, Chapter 19.12 of the City of
Cupertino’s Municipal Code, and the Planning Commission has held at least one public
hearing in regard to this application; and
WHEREAS, the City of Cupertino’s Environmental Review Committee at its December
13, 2018 meeting reviewed the Draft Mitigated Negative Declaration (“Draft IS/MND”),
received public comments, and recommended adoption of a Mitigated Negative
Declaration on a 5-0 vote with minor modifications, and provided measures that ensure
the least impactful development of the proposed hotel; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS, on June 11, 2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented (Resolution no. 6876), approve the Development
Permit (DP-2018-04) in substantially similar form to the Resolution presented (Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
(Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the Architectural and Site Approval; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019, the City Council exercised its independent
judgment and adopted Resolution No. [####] adopting the Final IS/MND, Resolution No.
[####] adopting the General Plan Amendment, Resolution No. [####] approving a
Development Permit, Resolution No. [####] approving a Use Permit, and Resolution No.
[####] approving a Tree Removal Permit; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
Given that the project is consistent with the General Plan as amended by General Plan
Amendment GPA-2017-05 and Zoning Ordinance; has been designed to be compatible with
and respectful of adjoining land uses; and that relevant mitigation measures will be
incorporated as part of the CEQA review process to mitigate potential impacts to a less than
significant level, the project will not be detrimental or injurious to property or improvements
in the vicinity, and will not be detrimental to the public health, safety, general welfare, or
convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any
specific plan, zoning ordinances, applicable planned development permit, conditional
use permits, variances, subdivision maps or other entitlements to use which regulate
the subject property including, but not limited to, adherence to the following specific
criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The proposed project is a redevelopment of a commercial site with a new five (5)-story
building. The project will provide for a new building design that incorporates new building
requirements, provide high quality architecture, and updated frontage improvements
(furniture and landscaping) aimed at increasing pedestrian friendliness. The project avoids
abrupt changes and provides transition by observing height and setback requirements
detailed in the General Plan, including a 1:1: slope line from North Wolfe Road and a
building height less than 60’.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility installations
and unsightly elements of parking lots should be concealed. The planting of ground
cover or various types of pavements should be used to prevent dust and erosion,
and the unnecessary destruction of existing healthy trees should be avoided.
Lighting for development should be adequate to meet safety requirements as
specified by the engineering and building departments, and provide shielding to
prevent spill-over light to adjoining property owners.
The design and proposed improvements have been designed to harmonize with adjacent
development by providing update increased setbacks from the adjacent residential use,
updated landscaping throughout the project site, and active uses (restaurant, meeting
rooms, and rooftop lounge) away from the residential areas. Unsightly uses such as loading
and trash pickup have been placed within the building away from view of neighboring uses.
Utility installation have been designed to be screened by landscaping and or incorporated
into the building design. Additionally, a preliminary photometric plan (lighting) has been
provided on the site, and the final lighting for the development will be reviewed with
construction documents to meet safety requirements while preserving spill-over light to
adjacent properties.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively
affect the general appearance of the neighborhood and harmonize with adjacent
development; and
Signage approval is not included in this application.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
The project has increased setbacks from the existing residential development. The project
has been designed to maintain trees along the western property line and keep the active
hotel use more than 90 feet from neighboring residential area.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA-2017-01), subject to the conditions
which are enumerated in this Resolution beginning on PAGE 3 thereof, and those
contained in all other Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA-2017-04, is
hereby approved, and that the subconclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA-2017-09 as set forth in the Minutes of the City Council
Meeting of July 16, 2019 Meeting, and are incorporated by reference as though fully set
forth herein.
This Resolution shall not take effect unless and until the General Plan Amendment for
the Project (GPA-2017-05) becomes effective.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received November 8, 2018 consisting of 48 sheets
labeled as Planning Submittal, Table of Contents, 3-43, C1.1, C2.1, C2.2, C3.1, and C.24
drawn by Hornberger + Worstell and Keir & Wright Civil Engineers & Surveyors, Inc,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. GPA-2017-05, DP-2018-04, DA-2017-
01, U-2018-03, TR-2017-46, and EA-2017-06 shall applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. The final building design and exterior treatment plans
(including but not limited to details on exterior color, materials, architectural
treatments, doors, windows, lighting fixtures, and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits and through an in-field mock-up of colors prior to application to
ensure quality and consistency. Any exterior changes determined to be substantial by
the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
7. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents (collectively,
the “indemnified parties”) from and against any claim, action, or proceeding brought
by a third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or
any permit or approval authorized hereby for the project, including (without
limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense
of the litigation. The applicant shall pay such attorneys’ fees and costs within 30 days
following receipt of invoices from City. Such attorneys’ fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 16th day of July 2019, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Grace Schmidt, City Clerk
________________________
Date
1140063.1
U-2018-03
RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A USE PERMIT TO ALLOW A 24-HOUR HOTEL, INCLUDING A
RESTAURANT WITH A SEPARATE BAR AND A ROOFTOP LOUNGE WITH A
SEPARATE BAR LOCATED AT 10801 AND 10805 NORTH WOLFE ROAD
(APN: 316-45-017 AND 316-05-56)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2018-03
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-56)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Use Permit as described
in Section I. of this resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the City of Cupertino’s Environmental Review Committee at its December
13, 2018 meeting reviewed the Draft Mitigated Negative Declaration, received public
comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote
with minor modifications, and provided measures that ensure the least impactful
development of the proposed hotel; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS, on June 11, 2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented (Resolution no. 6876), approve the Development
Permit (DP-2018-04) in substantially similar form to the Resolution presented (Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
(Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution;
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the Development Permit; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019, the City Council adopted Resolution No. [####]
adopting the Final IS/MND, Resolution No. [####] adopting the General Plan
Amendment, Resolution No. [####] approving the Development Permit and Resolution
no. [####] approving the Architectural and Site Approval; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City CouncilPlanning Commission finds as follows with regard to this
application:
a) The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
Given that the project is consistent with the General Plan as amended by General Plan
Amendment GPA-2017-05 and Zoning Ordinance, the project will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience.
b) The proposed development will be located and conducted in a manner in accord with
the Cupertino General Plan and the purpose of the City’s zoning ordinances.
The proposed development is in conformance with the Cupertino General Plan as amended by
General Plan Amendment GPA-2017-05 and Municipal Code Requirements since the Project
is consistent with the existing land use designations (Commercial, Office, Residential),
Municipal Code requirements, including but not limited to, parking regulations and hours of
operations. A condition has been added that requires the separate bar to operate within 7:00am
to 11:00pm and consistent with the City regulations.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA-2017-01), subject to the conditions
which are enumerated in this Resolution beginning on PAGE 2 thereof, and those
contained in all other Resolutions approved for this Project,
The application for a Use Permit, Application No. U-2018-03, is hereby approved, and
that the subconclusions upon which the findings and conditions specified in this
Resolution are based are contained in the Public Hearing record concerning Application
no. U-2018-03 as set forth in the Minutes of the City Council Meeting of July 16, 2019
Meeting, and are incorporated by reference as though fully set forth herein.
This Resolution shall not take effect unless and until the General Plan Amendment for
the Project (GPA-2017-05) becomes effective.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received November 8, 2018 consisting of 48 sheets
labeled as Planning Submittal, Table of Contents, 3-43, C1.1, C2.1, C2.2, C3.1, and C.24
drawn by Hornberger + Worstell and Keir & Wright Civil Engineers & Surveyors, Inc,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. GPA-2017-05, DP-2018-04, DA-2017-
01, ASA-2017-09, TR-2017-46, and EA-2017-06 shall applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. USE APPROVAL AND PROJECT AMENDMENTS
Approval is hereby granted to allow a 24-hour hotel operation including a restaurant
with separate bar and a rooftop lounge with separate bar. The Planning Commission
shall review amendments to the project considered major by the Director of
Community Development.
6. HOURS OF OPERATION FOR SEPARATE BAR
The separate bar shall operate within the hours of 7:00am and 11:00pm. In the event
the Applicants seeks to have the separate bar operate in late evening activities,
activities from the period of 11:00pm to 7:00am, then the Applicant shall be required
to obtain permits consistent with the Cupertino Municipal Code.
7. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 29 days per reservation.
8. SECURITY PLAN
The applicant shall develop a comprehensive security plan for the entire hotel
development, and the plan shall be reviewed and approved by the City and the
County Sheriff’s Office prior to final occupancy.
9. LAW ENFORCEMENT SUPPORT
The property owner shall pay for any additional sheriff enforcement time resulting
from documented incidents resulting at the project site at the City’s contracted hourly
rate with the Sheriff Department at the time of the incident.
10. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and
the complaints were not addressed immediately by the property management to the
satisfaction of the City, then the Planning Commission shall conduct a public hearing
on the use permit at which time, the use permit approval may be modified or revoked.
The City reserves the right to require additional security patrols and/or parking
restrictions as prescribed by the Sheriff's Office.
11. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
12. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the
City, its City Council, its officers, employees and agents (the “indemnified parties”)
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void this ordinance or
any permit or approval authorized hereby for the project, including (without
limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense
of the litigation. The City may, in its sole discretion, elect to defend any such action
with attorneys of its choice.
13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 16th day of July 2019, at the Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Grace Schmidt, City Clerk
________________________
Date
1140061.1
TR-2017-46
RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND
REPLACEMENT OF 41 TREES TO ALLOW THE CONSTRUCTION OF A NEW 5-
STORY, 185 ROOM HOTEL WITH ASSOCIATED SITE AND LANDSCAPING
IMPROVEMENTS LOCATED AT 10801 AND 10805 NORTH WOLFE ROAD
(APN: 316-45-017 AND 316-05-56)
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2017-46
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-56)
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the City of Cupertino received an application for a Tree Removal Permit as
described in Section I. of this resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the City of Cupertino’s Environmental Review Committee at its December
13, 2018 meeting reviewed the Draft Mitigated Negative Declaration, received public
comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote
with minor modifications, and provided measures that ensure the least impactful
development of the proposed hotel; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS, on June 11, 2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented (Resolution no. 6876), approve the Development
Permit (DP-2018-04) in substantially similar form to the Resolution presented (Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
(Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution;
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the Development Permit; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019, the City Council exercised its independent
judgment and adopted Resolution No. [####] adopting the Draft IS/MND, Resolution No.
[####] adopting the General Plan Amendment, Resolution No. [####] approving a
Development Permit, Resolution No. [####] approving a Use Permit, and Resolution No.
[####] approving an Architectural and Site Approval; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
a) That the location of the trees restricts the economic enjoyment of the property by
severely limiting the use of property in a manner typically not experienced by owners
of similarly zoned and situated property, and the applicant has demonstrated to the
satisfaction of the approval authority that there are no reasonable alternatives to
preserve the tree(s).
The proposed trees are in conflict with the proposed new building and site improvements. The
demolition of the existing structures and new construction would result in the removal of all
41 trees on site. The majority of the trees to be removed are Evergreen Ash. While the trees are
not identified as a protected species as defined by Cupertino Municipal Code Chapter 14.18,
these trees are protected under the category of “approved development tree,” because they were
planted as part of the originally approved development. Therefore, replacement plantings are
required for the proposed removal. The project will meet the required replacements of 41 36”
box-size trees and consist of trees that are suitable to the area climate (i.e., Valley Oak, Blue
Oak, Deodar Cedar, etc.) Additionally, the project applicant has worked with the City’s
Arborist, and is committed to preserve 27 trees on site.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA-2017-01), subject to the conditions
which are enumerated in this Resolution beginning on PAGE 2 thereof, and those
contained in all other Resolutions approved for this Project,
The application for a Tree Removal Permit, Application No. TR-2017-46, is hereby
approved, and that the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record concerning
Application no. TR-2017-46 as set forth in the Minutes of the City Council Meeting of July
16, 2019 Meeting, and are incorporated by reference as though fully set forth herein.
This Resolution shall not take effect unless and until the General Plan Amendment for
the Project (GPA-2017-05) becomes effective.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received November 8, 2018 consisting of 48 sheets
labeled as Planning Submittal, Table of Contents, 3-43, C1.1, C2.1, C2.2, C3.1, and C.24
drawn by Hornberger + Worstell and Keir & Wright Civil Engineers & Surveyors, Inc,
except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. GPA-2017-05, DP-2018-04, DA-2017-
01, ASA-2017-09, U-2018-03, and EA-2017-06 shall applicable to this approval.
3. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant adequate replacement trees for the trees proposed to be
removed in accordance with the replacements requirements of Chapter 14.18 of the
Cupertino Municipal Code. The trees shall be planted prior to final occupancy.
The number, location and type of trees shall be incorporated into the detailed
landscape plan to be reviewed and approved by the Director of Community
Development in consultation with the City’s consulting arborist prior to issuance of
building permits. The Director of Community Development shall have the discretion
to require additional tree replacements if deemed necessary. The City’s consulting
arborist shall confirm that the replacement trees were planted properly and according
to plan prior to final occupancy.
5. TREE PROTECTION
In accordance with the project arborist recommendations, prior to building permit
issuance the Applicant shall complete the following:
a. Tree Protection During Construction: Tree Protection Zone (TPZ) fencing, either
chain link and other root protection shall be installed around trees or groups of
trees such that it maintains a distance of 1.5 times the diameter of the drip line.
b. Work Activities Occurring within the Designated TPZ during construction:
i. Arborist Supervision – all activities occurring inside of the designated TPC
must be approved and an ISA certified arborist must be present to supervise
tree protection and root pruning activities.
ii. Root Protection – as long as the sidewalk pavement remains in place no
additional protections are required. If sidewalk pavement is removed, exposed
soil and roots must be covered with burlap and plywood or trenching plates.
iii. Required Method of Excavation within Critical Root Zone – any excavation
within a distance from the tree three (3) times the diameter of the trunk
(measured at 4.5’ high) must be hand, air spade or ditch witch. An ISA certified
arborist is to supervise any such activity.
c. Post Construction Mitigation:
i. Monitoring Tree Health – An ISA certified arborist shall conduct regular visual
inspection of trees to assess where further mitigation is required. Tree decline
should be recorded and referenced against pre-construction health assessment.
Leaf and stem insects and fungal pathogens are a sign of poor tree health (low
energy reserves).
ii. Mitigation of Soil Compaction – the level and depth of soil compaction must
be assessed and mitigated as necessary. Mitigation of soil compaction in areas
where roots are present must minimize root loss. Tools most suitable to
mitigate soil compaction are the water jet or air spade.
iii. Pest Management Program – Pest problems must be analyzed and treated.
In addition to the above, the applicant shall:
a. No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
b. Notwithstanding section (b) (iii) above, if trenching is needed in the Tree
Protection Zone, the City’s consulting arborist shall be consulted before any
trenching or root cutting beneath the dripline of the tree.
c. Wood chip mulch shall be evenly spread inside the tree projection fence to a four-
inch depth.
d. Tree protection conditions shall be posted on the tree protection barriers.
e. Retained trees shall be watered to maintain them in good health.
f. A covenant on the property shall be recorded that identifies all the protected trees,
prior to final occupancy.
Any willful action by the applicant, contractor and/or subcontractors that causes
damage to the retained trees, without proper review by the City to allow additional
tree removals, shall cause the applicant to be non-compliant with the City’s Municipal
Code and could require payment of the Retroactive Tree Removal penalties and fees
pursuant to the most recently adopted fee schedule.
The tree protection measures shall be inspected and approved by the City’s consulting
arborist prior to issuance of building permits. The City’s consulting arborist shall
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits. A report ascertaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
4. TREE REPLACMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the
City’s consulting arborist prior to removals and issuance of demolition and grading
permits. The bond shall be returned after construction is complete and the health of
the retained trees and newly planted trees is verified by the City’s consulting arborist.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. INDEMNIFICATION
To the extent permitted by law, the applicant shall indemnify and hold harmless the
City, its City Council, its officers, employees and agents (the “indemnified parties”)
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void this Resolution or
any permit or approval authorized hereby for the project, including (without
limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense
of the litigation. The applicant and City shall use best efforts to select mutually
agreeable legal counsel to defend such action, and the applicant shall pay all
compensation for such legal counsel, following the applicant’s receipt of invoices from
City, together with reasonable supporting documentation. Such compensation shall
include reasonable compensation paid to counsel not otherwise employed as City
staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by
City. If the applicant and the City cannot in good faith agree on joint counsel, the City
shall have the right to retain counsel of its own choosing, separate from the applicant’s
litigation counsel.
7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 16th day of July 2019, at the Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Grace Schmidt, City Clerk
________________________
Date
1140065.1
CC 07-16-19 #23
Storm Protection
Written Communications
ATTACHMENT A
RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ACCEPTING THE TABULATION RESULTS FOR THE CITY’S 2019 CLEAN
WATER AND STORM PROTECTION FEE, A PROPERTY-RELATED FEE
CONFORMING TO ARTICLE XIII D, SECTION 6 OF THE CALIFORNIA
CONSTITUTION, ADOPTING THE ORDINANCE ADDING CHAPTER 3.38 OF
THE MUNICIPAL CODE TO ESTABLISH THE CLEAN WATER AND STORM
PROTECTION FEE, AND ORDERING THE LEVY OF THE FEE FOR FISCAL
YEAR 2019-20
WHEREAS, on March 5, 2019, the City Council of the City of
Cupertino adopted Resolution 19-022 initiating proceedings to obtain approval of
the proposed new 2019 Clean Water and Storm Protection Fee (“fee”), which is a
property-related fee conforming to Article XIII D, Section 6 of the California
Constitution; approving the Fee Report for the 2019 Clean Water and Storm
Protection Fee (“Fee Report,” dated February 2019); and setting a public hearing
before the City Council on May 7, 2019 in the City Council Chambers at 10350
Torre Avenue, Cupertino, CA 95014 at 6:45 pm to consider all property owner
protests to the proposed fee; and
WHEREAS, on March 5, 2019, the City Council of the City of Cupertino
adopted Resolution 19-023 adopting ballot procedures applicable to the
proposed fee pursuant to Article XIIID, Section 6(c) of the California
Constitution; and
WHEREAS, pursuant to the provisions of Article XIII D of the California
Constitution, the City provided 45-day written mailed notice to each record owner
of parcels of real property subject to the 2019 Clean Water and Storm Protection
Fee of a public hearing, which was held at a regular meeting of the City Council
on May 7, 2019 at 6:30 pm in the City Council Chambers on the issue of whether
the proposed property-related fee should be levied and collected as proposed in
the Fee Report for Fiscal Year 2019-20; and
WHEREAS, on May 7, 2019 the City Council adopted Resolution 19-041
finding that a majority protest did not exist and directing a property owner ballot
proceeding for the 2019 Clean Water and Storm Protection Fee; and
Deleted: PROPRECTION
Deleted: F
Deleted:
Deleted:
Resolution No. __________________
Page 2
WHEREAS, on May 20, 2019 a ballot and information guide were mailed
to every owner of property that would be subject to the proposed 2019 Clean
Water and Storm Protection Fee; and
WHEREAS, the balloting period for the proposed 2019 Clean Water and
Storm Protection Fee closed on July 5 at 5:00 p.m.; and
WHEREAS, the tabulation of the ballots is complete;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
SECTION 1. Tabulation of the Ballots. For each valid ballot, each property subject
to the proposed fee counted as one vote. Property owners with more than one
property could have up to 14 properties listed on a ballot, with each property
counting as one vote, resulting in more than one vote for that ballot. Therefore,
since some ballots contained more than one vote, the total number of valid votes
(5,038) is larger than the total number of valid ballots (4,714). The canvass of the
fee ballots submitted by property owners, has been computer-tabulated as shown
in the attached Results Summary Report, is complete, and certified by the City
Clerk, and the votes cast are as follows:
Total Number of Valid Ballots Processed: _4,714
Total Number of Valid Votes: 5,038
Total Number of Valid “Yes” Ballots Processed: 2,430
Total Number of “Yes” Votes Processed: _2,577
Total Percentage of “Yes” Votes Processed: 51.15%
Total Number of Valid “No” Ballots Processed: 2,284
Total Number of “No” Votes Processed: _2,461
Total Percentage of “No” Votes Processed: 48.85%
Total Number of “Invalid” Ballots Processed: __ 34
Total Number of “Invalid” Votes Processed: __ 37
SECTION 2. Invalid Ballots. _4,748_ fee ballots were returned and received prior
to the close of the balloting period on July 5, 2019. This represents a _30.76% ballot
return rate on the 15,435 ballots mailed. Of the fee ballots returned, _34_ ballots
Deleted: that
Deleted: does hereby
Deleted:
Deleted: number of
Resolution No. __________________
Page 2
were declared invalid, in that they were either not marked with a “Yes” or “No”,
were marked with both a “Yes” and a “No,” were not signed, or the property
ownership and barcode information was illegible.
SECTION 3. Ballots Results. As determined by ballots cast, _51.15% of the votes
cast by property owners were in support of the measure. Since a majority protest,
as defined by Article XIII D of the California Constitution, did not exist, this
Council thereby acquired jurisdiction to order the levy of the 2019 Clean Water
and Storm Protection Fee, and the Ordinance adding Chapter 3.38 of the Municipal
Code to establish the Clean Water and Storm Protection Fee is hereby adopted.
SECTION 4. Findings. The City Council finds that the 2019 Clean Water and Storm
Protection Fee is being implemented in compliance with the requirements of
Proposition 218, as codified in Article XIII D of the California Constitution. Based
on the oral and documentary evidence, including the 2019 Clean Water and Storm
Protection Fee Report, received by the Council, the Council expressly finds and
determines that it is in the best interest of the City and the public to order the fee
to be levied.
SECTION 5. Ordering of the Levies. The Council hereby orders the fees for fiscal
year 2019-20 shall be levied at the rates specified in the 2019 Clean Water and
Storm Protection Fee Report.
SECTION 6. CPI. The authorized maximum fee amount to be levied in future fiscal
years shall be increased annually based on the San Francisco-Oakland-Hayward
Consumer Price Index for All Urban Consumers (CPI), not to exceed 3% per year.
The fee amount charged in any year cannot exceed the cost to provide the clean
water and storm protection services and improvements.
SECTION 7. Filing this Resolution. Shortly after the adoption of this Resolution,
but in no event later than August 10 following such adoption, the City Clerk shall
file a certified copy of this Resolution and a fee levy roll with the Auditor of Santa
Clara County (“County Auditor”). Upon such filing, the County Auditor shall
enter on the County assessment roll opposite each lot or parcel of land the amount
of fee thereupon as shown in the levy roll. The fees shall be collected at the same
time and in the same manner as County taxes are collected and all laws providing
for the collection and enforcement of County taxes shall apply to the collection and
enforcement of the fees. After collection by the County, the net amount of the fees,
Deleted: 2
Deleted: 3
Deleted: 4
Deleted: 5
Deleted: 6
Resolution No. __________________
Page 2
after deduction of any compensation due the County for collection, shall be paid
to the City of Cupertino.
SECTION 8. Corrections. The 2019 Clean Water and Storm Protection Fee, as it
applies to any parcel, may be corrected, cancelled or a refund granted as
appropriate, by order of the City Council or its designee, by a determination from
the City Council or its designee that the fee for that parcel should be revised to be
consistent with the fee method established in the Fee Report. Any such corrections,
cancellations or refunds shall be limited to the current fiscal year in which the
correction, cancellation or refund was requested.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970, together with related State
CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting
in physical change in the environment. In the event that this Resolution is found
to be a project under CEQA, it is subject to the CEQA exemption contained in
CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that
there is no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to projects which have the potential for resulting
in a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA. In this circumstance, levying
the Clean Water and Storm Protection Fee would have no or only a de minimis
impact on the environment. The foregoing determination is made by the City
Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this _16th _day of _July, 2019, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Deleted: 7
Resolution No. __________________
Page 2
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Grace Schmidt, City Clerk
________________________
Date
ATTACHMENT A
RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ACCEPTING THE TABULATION RESULTS FOR THE CITY’S 2019 CLEAN
WATER AND STORM PROTECTION FEE, A PROPERTY-RELATED FEE
CONFORMING TO ARTICLE XIII D, SECTION 6 OF THE CALIFORNIA
CONSTITUTION, ADOPTING THE ORDINANCE ADDING CHAPTER 3.38 OF
THE MUNICIPAL CODE TO ESTABLISH THE CLEAN WATER AND STORM
PROTECTION FEE, AND ORDERING THE LEVY OF THE FEE FOR FISCAL
YEAR 2019-20
WHEREAS, on March 5, 2019, the City Council of the City of
Cupertino adopted Resolution 19-022 initiating proceedings to obtain approval of
the proposed new 2019 Clean Water and Storm Protection Fee (“fee”), which is a
property-related fee conforming to Article XIII D, Section 6 of the California
Constitution; approving the Fee Report for the 2019 Clean Water and Storm
Protection Fee (“Fee Report,” dated February 2019); and setting a public hearing
before the City Council on May 7, 2019 in the City Council Chambers at 10350
Torre Avenue, Cupertino, CA 95014 at 6:45 pm to consider all property owner
protests to the proposed fee; and
WHEREAS, on March 5, 2019, the City Council of the City of Cupertino
adopted Resolution 19-023 adopting ballot procedures applicable to the
proposed fee pursuant to Article XIIID, Section 6(c) of the California
Constitution; and
WHEREAS, pursuant to the provisions of Article XIII D of the California
Constitution, the City provided 45-day written mailed notice to each record owner
of parcels of real property subject to the 2019 Clean Water and Storm Protection
Fee of a public hearing, which was held at a regular meeting of the City Council
on May 7, 2019 at 6:30 pm in the City Council Chambers on the issue of whether
the proposed property-related fee should be levied and collected as proposed in
the Fee Report for Fiscal Year 2019-20; and
WHEREAS, on May 7, 2019 the City Council adopted Resolution 19-041
finding that a majority protest did not exist and directing a property owner ballot
proceeding for the 2019 Clean Water and Storm Protection Fee; and
Resolution No. __________________
Page 2
WHEREAS, on May 20, 2019 a ballot and information guide were mailed
to every owner of property that would be subject to the proposed 2019 Clean
Water and Storm Protection Fee; and
WHEREAS, the balloting period for the proposed 2019 Clean Water and
Storm Protection Fee closed on July 5 at 5:00 p.m.; and
WHEREAS, the tabulation of the ballots is complete;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
SECTION 1. Tabulation of the Ballots. For each valid ballot, each property subject
to the proposed fee counted as one vote. Property owners with more than one
property could have up to 14 properties listed on a ballot, with each property
counting as one vote, resulting in more than one vote for that ballot. Therefore,
since some ballots contained more than one vote, the total number of valid votes
(5,038) is larger than the total number of valid ballots (4,714). The canvass of the
fee ballots submitted by property owners, has been computer-tabulated as shown
in the attached Results Summary Report, is complete, and certified by the City
Clerk, and the votes cast are as follows:
Total Number of Valid Ballots Processed: _4,714
Total Number of Valid Votes: 5,038
Total Number of Valid “Yes” Ballots Processed: 2,430
Total Number of “Yes” Votes Processed: _2,577
Total Percentage of “Yes” Votes Processed: 51.15%
Total Number of Valid “No” Ballots Processed: 2,284
Total Number of “No” Votes Processed: _2,461
Total Percentage of “No” Votes Processed: 48.85%
Total Number of “Invalid” Ballots Processed: __ 34
Total Number of “Invalid” Votes Processed: __ 37
SECTION 2. Invalid Ballots. _4,748_ fee ballots were returned and received prior
to the close of the balloting period on July 5, 2019. This represents a _30.76% ballot
return rate on the 15,435 ballots mailed. Of the fee ballots returned, _34_ ballots
Resolution No. __________________
Page 2
were declared invalid, in that they were either not marked with a “Yes” or “No”,
were marked with both a “Yes” and a “No,” were not signed, or the property
ownership and barcode information was illegible.
SECTION 3. Ballots Results. As determined by ballots cast, _51.15% of the votes
cast by property owners were in support of the measure. Since a majority protest,
as defined by Article XIII D of the California Constitution, did not exist, this
Council thereby acquired jurisdiction to order the levy of the 2019 Clean Water
and Storm Protection Fee, and the Ordinance adding Chapter 3.38 of the Municipal
Code to establish the Clean Water and Storm Protection Fee is hereby adopted.
SECTION 4. Findings. The City Council finds that the 2019 Clean Water and Storm
Protection Fee is being implemented in compliance with the requirements of
Proposition 218, as codified in Article XIII D of the California Constitution. Based
on the oral and documentary evidence, including the 2019 Clean Water and Storm
Protection Fee Report, received by the Council, the Council expressly finds and
determines that it is in the best interest of the City and the public to order the fee
to be levied.
SECTION 5. Ordering of the Levies. The Council hereby orders the fees for fiscal
year 2019-20 shall be levied at the rates specified in the 2019 Clean Water and
Storm Protection Fee Report.
SECTION 6. CPI. The authorized maximum fee amount to be levied in future fiscal
years shall be increased annually based on the San Francisco-Oakland-Hayward
Consumer Price Index for All Urban Consumers (CPI), not to exceed 3% per year.
The fee amount charged in any year cannot exceed the cost to provide the clean
water and storm protection services and improvements.
SECTION 7. Filing this Resolution. Shortly after the adoption of this Resolution,
but in no event later than August 10 following such adoption, the City Clerk shall
file a certified copy of this Resolution and a fee levy roll with the Auditor of Santa
Clara County (“County Auditor”). Upon such filing, the County Auditor shall
enter on the County assessment roll opposite each lot or parcel of land the amount
of fee thereupon as shown in the levy roll. The fees shall be collected at the same
time and in the same manner as County taxes are collected and all laws providing
for the collection and enforcement of County taxes shall apply to the collection and
enforcement of the fees. After collection by the County, the net amount of the fees,
Resolution No. __________________
Page 2
after deduction of any compensation due the County for collection, shall be paid
to the City of Cupertino.
SECTION 8. Corrections. The 2019 Clean Water and Storm Protection Fee, as it
applies to any parcel, may be corrected, cancelled or a refund granted as
appropriate, by order of the City Council or its designee, by a determination from
the City Council or its designee that the fee for that parcel should be revised to be
consistent with the fee method established in the Fee Report. Any such corrections,
cancellations or refunds shall be limited to the current fiscal year in which the
correction, cancellation or refund was requested.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970, together with related State
CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting
in physical change in the environment. In the event that this Resolution is found
to be a project under CEQA, it is subject to the CEQA exemption contained in
CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that
there is no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to projects which have the potential for resulting
in a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA. In this circumstance, levying
the Clean Water and Storm Protection Fee would have no or only a de minimis
impact on the environment. The foregoing determination is made by the City
Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this _16th _day of _July, 2019, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. __________________
Page 2
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Grace Schmidt, City Clerk
________________________
Date
CC 07-16-19 #26
Bike Ped CIP
Written Communications
Bike Plan Ped Plan Bike Plan Ped Plan Feasibility
Study Design Construction Changes in Scope Bike Plan Ped Plan
Feasibility/
Concept
Study
Design Construction Comments Prior Years Funding Proposed
FY19/20 Grants Donations Bicycle Pedestrian
Commission
City
Council
1
Tier 1 (Score 91)
Project Title: Class IV
Separated Bikeway
N/A
Conceptual
design
completed
65% Complete $171,555 $1,628,445 Phase 1 $1,800,000 $0 $1.8M from Apple 10/18
15
Tier 1 (Score 55)
Project Title: Configure
Intersection - Wolfe
Rd/Stevens Creek Blvd
N/A Program Level estimate only $0
2 2
Tier 1 (Score 80)
Project Title: Class IV
Separated Bikeway
Tier 2 (Score 75)
Project Title: Sidewalk -
McClellan Road, north side,
Hwy 85 to Rose Blossom
Conceptual
design
completed
Complete
between Imperial
and Stelling.
In progress
between
Imperial and
Stelling
$286,000 $158,000 $426,182.00 2,122,574Phase 1A - Stelling to Imperial;$430,000
$1M VERBS, $55K local TFCA,
$85,822 regional TFCA,
$157,237 DIL for De
Anza/Pacifica Intersection
$2,000,000 from
Apple
7/17, 8/17, 10/17,11/17,
1/18, 10/18
5 N/A
Tier 1 (Score 70)
Project Title: Configure
Intersection - McClellan
Rd/Stelling Rd
N/A Complete Construction
Starts 6/17/19 $550,000 N/A $0 $1,581,920
Phase 1B - Intersection Imps Bubb
& Stelling; Design Costs included
in Phase 1A
8 N/A
Tier 1 (Score 68)
Project Title: Configure
Intersection - McClellan
Rd/Westacres/Kim St
N/A Complete In-Progress Project Limits and
scope under review $200,000 N/A $148,000 $1,475,000 Phase 2 - Stelling to Torre
14 8
Tier 2 (Score 56)
Project Title: Configure
Intersection - De Anza
Blvd/McClellan Rd
Tier 2 (Score 60)
Project Title: Reconfigure
intersection - De Anza Blvd at
McClellan Rd
Complete Not Started Project Limits and
scope under review $200,000 $9,707,000 $247,000 $1,814,100 Phase 3 - De Anza/Pacifica
Intersection;$160,000 from Apple
21 N/A
Tier 3 (Score 33)
Project Title: Class II Bike Lane -
Pacifica Dr, De Anza Blvd to
Torre Ave
N/A Complete Not Stareted Design depends on
ROW Acquisition $11,000 N/A $130,000 $888,000 Phase 4 - Byrne to Imperial
Bike Boulevards (General - see detail below)Neighborhoods #1 through #7 N/A N/A
Conceptual
design
completed
N/A $52,537 regional TFCA 6/17 Project update on
2/6/2018
6 N/A
Tier 1 (Score 70)
Project Title: Class III Bike Blvd
- Portal Ave Bike Blvd (#5)
N/A $35,000 N/A $34,000.00 $0
12 11
Tier 2 (Score 60)
Project Title: Class III Bike Blvd
- Mary Ave to Portal Ave Bike
Blvd (#4)
Tier 3 (Score 45)
Project Title: Construct curb
extensions - Bandley Dr at
Mariani Ave
$75,000 $217,000 $68,000.00 $0
17 N/A
Tier 2 (Score 52)
Project Title: Reconfigure
Wall/Fence - Greenleaf
Dr/Mariani Ave
N/A $25,000 N/A $34,000.00 $0
21 9
Tier 3 (Score 28)
Project Title: Class III Bike
Route - Civic Center to
Creekside Park Bike Route (#2)
Tier 2 (Score 60)
Project Title: Reconfigure
intersection - Torre Ave at
Town Center Lane
$3,000 $271,000 $5,500.00 $68,365.00
12
Tier 2 (Score 60)
Project Title: Class III Bike Blvd
- Mary Ave to Portal Ave Bike
Blvd (#4)
N/A $75,000 $68,000.00 $0
18
Tier 2 (Score 52)
Project Title: Class III Bike Blvd
- Civic Center to Jollyman Park
Bike Blvd (#1)
N/A $43,000 $5,500.00 $0
Neighborhood #6 3
Tier 1 (Score 75)
Project Title: Class III Bike Blvd
- Tri School East/West Bike
Blvd (#7)
Conceptual
design
completed
Design to be
revisited with input
from neighborhood
$33,000 N/A $23,575.00 $293,037.25 $0
7
Tier 1 (Score 69)
Project Title: Class III Bike Blvd
- West Cupertino North/South
Bike Blvd (#9)
$32,000 $24,400.00 $303,292.00 $0
13
Tier 2 (Score 59)
Project Title: Class III Bike Blvd
- Tri-School North/South Bike
Blvd (#8)
$38,000 $4,400.00 $54,692.00 $0
Bicycle Wayfinding Program N/A N/A N/A N/A N/A Complete N/A N/A N/A $60,000 $65k proposed Design complete $60,000 $65,000 8/17, 9/17
TDA Article 3 = $166,259$70,000
Design to be
revisited with input
from neighborhood
N/A
$300,000 (Study
only)
$10,000,000 (through
construction)
N/A
Total Design Costs = $170,000
Budget
6/20/2017
6/20/2017
Public Hearing
Bids rejected on
5/7/19
$2,402,941
Constructino of a bicycle/pedestrian bridge across
Stevens Creek Blvd at Carmen Rd $100,000.00 3/6/2018
10
N/A
N/A
3/18, 1/19, 2/19, 3/19
3/18, 1/19, 2/19, 3/19
$2,113,000.00
Tier 2 (Score 52)
Project Title: Class III Bike Blvd
- Civic Center to Sterling
Barnhart Park Bike Blvd (#2)
None to-dateIn Progress Yes
$100,000 added at mid-year FY
2018/19
Cost estimate based on May 29,
2019 consultant estimate + 10%
construction contingency,
$100,000 in utility relocation and
$100,000 in "other improvements"
$1,876,000.00 $100,000
100% Complete
Conceptual
design
completed
$565,565.00
Cross Reference
Neighborhoods #1 and #5
Spot Improvements within Neighborhoods #3 and
#7
Neighborhood #2
Bike Boulevards - Phase 1
Bike Boulevards - Phase 1A
N/A
5
Bike Boulevards - Phase 3 N/A
Bike Boulevards - Phase 2
Carmen Road Pedestrian/Bicycle Bridge
N/A
Project Narrative
Construction of Class IV bike lanes along Stevens
Creek Blvd between Foothill Blvd and Tantau
Avenue. Includes traffic signal mofications
throughout
Construction of Class IV bike lanes along McClellan
Rd between Byrne Ave and Torre Ave. Includes
traffic signal mofications at Bubb Rd, Stelling Rd
and De Anza Blvd
Status of Project
Conceptual
design
completed
Bulb-outs to be
completed with pop-
ups until project
rebid
100% Complete;
bids rejected.
Conceptual
design
completed
Class IV Separated Bike Lanes - McClellan
Phase 1A - Stelling to Imperial;
Phase 1B - Intersection Imps Bubb & Stelling;
Phase 2 - Stelling to Torre
Phase 3 - De Anza/Pacifica Intersection;
Phase 4 - Byrne to Imperial
Priority Assigned in:
Class IV Separated Bike Lanes - SCB
Phase 1: Wolfe to Tantau
Phase 2: Wolfe to Hwy 85
Phase 3: Hwy 85 to Foothill
N/A
Tier 2 (Score 62)
Project Title: Grade Separated
Crossing Study
Tier 1 (Score 70)
Project Title: Grade
Separated Crossing
11
Project Name
Original Estimate at Concept
N/A $68,365.00
N/A
N/A
N/A $5,500.00
N/A
$4.120,000
Phase 2: $1,900,000
Phase 3: $2,000,000
Sources of FundingCurrent Estimated Cost
$1,417,000
$469,000.00 $0
$5,849,000
$0
Attachment D CC 07-16-19#26
Bike Plan Ped Plan Bike Plan Ped Plan Feasibility
Study Design Construction Changes in Scope Bike Plan Ped Plan
Feasibility/
Concept
Study
Design Construction Comments Prior Years Funding Proposed
FY19/20 Grants Donations Bicycle Pedestrian
Commission
City
Council
$250,000 $1,800,000
$158,000
Historic De Anza Trail Study
Construction of a bicycle-pedestrian shared-use
path along the UPRR right-of-way within
Cuupertino city limits
4 10
Tier 1 (Score 71)
Project Title: Class I Path -
Union Pacific Trail
Tier 2 (Score 60)
Project Title: Shared-use path
- UPRR trail
$1,678,000 $1,678,000 $250,000 $259,889 $0
Feasibility Study
approved on
2/20/18
Mary Avenue Buffered Bike Lane 16 N/A
Tier 2 (Score 55)
Project Title: Class II Buffered
Bike Lane - Mary Ave
N/A $100,000 N/A $6,837 $68,365 $0 $165,000 $165,000 from Apple
Homestead Road @ Homestead High School
Pedestrian and Bicycle Improvement Project
Roadway and traffic signal improvements along
the Homestead Road frontage of Homestead High
School. Project is being completed through a
VERBS grant administrered by the City of
Sunnyvale with cooperation from the City of
Cupertino
19 N/A
Tier 2 (Score 49)
Project Title: Trail Crossing -
Homestead Rd/Mary Ave
N/A $10,000 N/A
Project is being funded through a
VERBS grant administered by the
City of Sunnyvale. Cupertino to
contribute $126,500 from Walk
Audit CIP
$0 $0 $1,000,000 VERBS grant and
$126,500 from Sunnyvale
McClellan Road Sidewalk Installation Phase 2 N/A 1 N/A
Tier 1 (Score 80)
Project Title: Sidewalk -
McClellan Rd, San Leandro to
Orange
Complete Complete Substantial
Completion N/A $2,040,000 $343,000 891,710 Several properties opted out $2,035,000 $2,465,000 $2,465,000 from
Apple
Orange Ave and Byrne Ave Sidewalk
Installation
Construction of sidewalks along Orange Avenue
between Granada and Alcazar N/A 3 N/A
Tier 1 (Score 75)
Project Title: Sidewalk -
Orange Ave, Granada to
Alcazar
Complete
65% Design
Complete,
awaiting ROW
Acquisition
Scheduled Start
Fall, 2020
Design changes
based on ROW
Acquisition
N/A $2,000,000 $57,062 255,234 2,350,000
Construction estimate based on
Byrne estimate + escalation
Design costs were shared with
Orange Save through 65%
includes $85,000 for each street
ROW svcs
Orange Ave and Byrne Ave Sidewalk
Installation
Construction of sidewalks along Byrne Ave
between McClellan and Granada N/A 4 N/A
Tier 1 (Score 70)
Project Title: Sidewalk - Byrne
Ave, McClellan to Granada
Complete 95% Design
Complete
Scheduled Start
Fall, 2019
Design changes
based on ROW
Acquisition
N/A $2,000,000 $57,062 244,080 2,200,000
Construction estimate based on
HMH estimate dated 5/19/19 +
10% for CM Services
Design costs were shared with
Orange Save through 65%
includes $85,000 for each street
ROW svcs
School Walk Audit Implementation N/A N/A N/A N/A N/A N/A $1,767,094 $250,000 $1,221,863 $1,221,863 from
Apple 8/17
Bubb Road Improvements N/A N/A N/A N/A N/A N/A $0 $1,980,555 $1,980,555 from
Apple
Linda Vista Trail N/A N/A N/A N/A N/A N/A $0 $595,500 8/17
Public Hearing
Project Name Project Narrative
Cross Reference Priority Assigned in:Status of Project Original Estimate at Concept Current Estimated Cost Budget
$1,275,438
$0
$3,888,000
Sources of Funding
20
Tier 1 (Score 70)
Project Title: Shared-use path
- Regnart Creek Trail
7
$2,293,000
Tier 1 (Score 67)
Project Title: Class I Path - I-
280 Channel Bike Path
No
Tier 2 (Score 48)
Project Title: Class I Path -
Regnart Creek Path
$380,000 design
and environmental
clearance
$2,000,000 3/18, 4/19Complete65% Design Plans $158,000.00$664,000
Complete $2,293,000 No $250,000.00
$250,000 for
feasibility study and
$1,800,000 for
design from Apple
6
Constsruction of a bicycle-pedestrian shared-use
path along the Junipero Serra Channel between
the Don Burnett Bicycle Pedestrian Footbridge and
Calabazas Creek, and along Calabazas Creek
between the Junipero Serra Channel and Vallco
Parkway
Regnart Creek Trail
Junipero Serra Trail
Construction of a bicycle-pedestrian shared-use
path along Regnart Creek between Pacifica Dr and
E. Estates Dr
9
Tier 1 (Score 70)
Project Title: Shared-use path
- Junipero Serra Trail
DIL Funding : Apple Campus 2
= $250,000, Hyatt House =
$66,000, Interest = $3,650,
TOTAL = $319,650
$2,100,000.00
595,500
Feasibility Study
approved on
8/21/2018
Project Updates on 3/21/18
and 10/17/18.
Recommendation for
approval on 12/19/18.
Feasibility Study
approved on
2/5/19 and
corrected on
5/21/19