CITY OF CUPERTINO
CI
TY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.
Tuesday, March 15, 2022
5:30 PM
Televised Special Meeting Study Session (5:30) and Regular City Council Meeting (6:45)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SP
READ OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) E-mail comments by 4:30 p.m. on Tuesday, March 15 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City Clerk at [email protected]. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s discretion to shorten time for public comments). Members of the public that wish to share a document must email [email protected] prior to speaking. 3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference meeting as follows:
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Oral public comments will be accepted during the teleconference meeting. Comments may be
made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.
To address the City Council, click on the link below to register in advance and access the meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_GEKfViEOSm2_28nMQficag Phone
Dial: 669-900-6833 and enter Webinar ID: 967 2879 3448 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.
323:
162.255.37.11 (
US West)
162.255.36.11 (US East)
Meeting ID: 967 2879 3448
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.
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4. When called, please limit your remarks to the time allotted and the specific agenda topic.
I
n compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance.
In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NO
TICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, March 15, 2022, commencing at 5:30 p.m. In accordance with Government Code 54953(e), this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:30 PM
ST
UDY SESSION
1. Subject: Consider Options for West Coast Farmers' Market Location at a City Park Recommended Action: P rovide recommendation and direction on location of the West Coast Farmers' Market Association to operate a farmer’s market at a City park on the westside of Cupertino
Presenter: Rachelle Sander, Assistant Director of Parks and Recreation Staff Report
ADJOURNMENT
REG
ULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
RO
LL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Recognize the receipt of the California Society of Municipal Finance Officers (
CSMFO) Innovation Award
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Recommended Action: Consider recognition of the receipt of the California Society of Municipal Finance Officers (CSMFO) Innovation Award for the City’s Resident Tax Calculator and Budget Forecast Tool
Presenter: Thomas Leung, Senior Management Analyst
Staff Report
POSTPONEMENTS AND ORDERS OF THE DAY
O
RAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within t
he jurisdiction of the Council and not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
REPORTS BY COUNCIL AND STAFF (10 minutes)
2. S
ubject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements
3. S ubject: Report on Committee assignments
Recommended Action: R eport on Committee assignments
4. S ubject: City Manager update
Recommended Action: Receive City Manager update on emergency response efforts and other City business
CONSENT CALENDAR (Items 5-9)
Unless there are separate discussions and/or actions requested by council, staff or a member of the pu
blic, it is requested that items under the Consent Calendar be acted on simultaneously.
5. S ubject: Approve the February 23 City Council minutes Recommended Action: App rove the February 23 City Council minutes A - Draft Minutes
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6. Subject: Approve the March 1 City Council minutes
Recommended Action: App rove the March 1 City Council minutes A - Draft Minutes
7. S ubject: Approve the March 7 City Council minutes
Recommended Action: App rove the March 7 City Council minutes A - Draft Minutes
8. Subject: Consider setting application deadline and interview dates for three terms expiring on the Teen Commission
Recommended Action: Set application deadline and interview dates for three terms expiring on the Teen Commission and approve:
1.) Application deadline of 4:30 p.m. on Friday, May 13; and
2.) Interview dates at 5:30 p.m. on Tuesday, May 24 and Wednesday, May 25 (as needed)
Staff Report
A - Adopted Resolution Governing Teen Commission Recruitment
9. Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period March 15, 2022 through April 14, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Adopt Resolution No. 22-033 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period March 15, 2022 through April 14, 2022 pursuant to the Brown Act, as amended by AB 361
Staff Report
A - Draft Resolution
B – Adopted Resolution No. 22-025
C – Health Officer Recommendation Regarding Public Governmental Meetings SECOND READING OF ORDINANCES - None
P
UBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
10. Subject: Progress on FY 2021-2022 Council Work Program item to develop ELI and BMR housing units for Developmentally Disabled individuals on City-owned property along Mary Avenue
Recommended Action: Provide direction to staff on next steps related to potential future development options
Presenter: Gian Martire, Senior Planner
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Staff Report
A - FY 2021-2022 City Work Program
B - Topographic Survey – Existing Conditions
C – Draft Parcel Map
11. Subject: Review of Homeless Jobs Program, FY 2021-22 City Work Program item and consider adoption of Resolution No. 22-026 accepting accounts payable for the period ending January 10, 2022
Recommended Action: 1. R eceive report; and
2. Adopt Resolution No. 22-026 accepting Accounts Payable for the period ending January 10, 2022
Presenter: Kerri Heusler, Housing Manager
Staff Report
A - Draft Resolution 22-026
B - FY 2021-22 City Work Program (adopted May 26, 2021) C - 2.15 WVCS Homeless Jobs Program AP Report
D - WVCS Professional Consulting Services Agreement dated September 15, 2021
12. Subject: Consider issuing a request to the CUSD Board for reconsideration of the future closures of Regnart and Meyerholz Elementary Schools
Recommended Action: Discuss taking a position that the Cupertino Union School District should reconsider its decision to close Regnart and Meyerholz Elementary Schools
Presenter: Jim Throop, City Manager
Staff Report - CUSD
A - Proposed Letter to CUSD
13. Subject: Consider report on Chamber of Commerce services and payment included in the Accounts Payable report ending December 20, 2021 and approval of Accounts Payable report
Recommended Action: Receive report and adopt Resolution No. 22-015 Accepting Accounts Payable for the period ending December 20, 2021 Presenter: Tina Kapoor, Economic Development Manager
Staff Report
B - Draft Resolution
A - Letter from Chamber dated March 1, 2022
C - AP Report (Including Chamber Contract Payment)
14. Subject: Receive presentation on the City’s drone program and consider accepting accounts payable electronic funds transfer 32909 dated October 29, 2021, for the procurement of a Skydio X2E Drone Starter Kit
Recommended Action: Adopt Resolution No. 22-034 accepting Accounts Payable for EFT 32909, dated October 29, 2021
Presenter: Adam Araza, GIS Business Systems Analyst
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Staff Report
A - Small Unmanned Aircraft System (sUAS) Operations Policy B - Draft Resolution
C - Accounts Payable Report
15. Subject: 2021 General Plan Annual Report and Housing Element Annual Progress Report (APR) on forms required by the Department of Housing and Community Development (HCD)
Recommended Action: Receive 2021 General Plan Annual Report and Housing Element Annual Progress Report (APR) on forms required by the Department of Housing and Community Development (HCD)
Presenter: Kerri Heusler, Housing Manager
Staff Report
A - General Plan Annual Report
B - General Plan Annual Housing Element Progress Report ORAL COMMUNICATIONS - CONTINUED (As necessary)
C
OUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.
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IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 w
ritten communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.
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CITY OF CUPERTINO
Agenda Item
22-10445 Agenda Date: 3/15/2022
Agenda #: 1.
Subject: Consider Options for West Coast Farmers' Market Location at a City Park Provide recommendation and direction on location of the West Coast Farmers' Market Association to operate a farmer’s market at a City park on the westside of Cupertino Presenter: Rachelle Sander, Assistant Director of Parks and Recreation CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Consider Options for West Coast Farmers’ Market Location at a City Park
Recommended Action
Provide recommendation and direction on location of the West Coast Farmers’ Market Association to operate a farmers’ market at a City park on the westside of Cupertino
Background
Cupertino has two popular farmers’ markets serving the community. These include a Friday farmers’ market at Creekside Park, organized by Pacific Coast Farmers’ Market Association (PCFMA) and a Sunday farmers’ market at the Oaks Shopping Center, organized by the West Coast Farmers’ Market Association (WCFMA). Since the Oaks Shopping Center site is no longer available as a farmers’ market venue, the WCFMA was temporarily relocated to the Senior Center/Memorial Park parking lot, until June 1, 2021, while it identified a permanent location for its market.
The WCFMA agreement for temporary relocation was brought to City Council on January 19, 2021 for approval. Since the initial agreement was approved there have been four amendments to extend the Memorial Park location. Due to the pandemic, Memorial Park was not being used for normal weekend park use including, Senior Center rentals, large Quinlan Center rentals, softball field rentals, festivals, summer events, picnic gatherings, etc. Therefore, Memorial Park has been available for the Farmers’ Market during this time. However, as we begin to reopen Memorial Park for normal use, that location will no longer be available for a farmers’ market.
Discussion
Staff has been working to assess the feasibility of park locations that could accommodate the WCFMA on the westside of Cupertino. Cupertino has 10 parks on the westside of DeAnza Boulevard: one dog park, five neighborhood parks with little 10 CC 03-15-2022
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to no parking, and four larger neighborhood parks with parking lots and restroom facilities. The four larger parks are: Memorial Park, Jollyman Park, Linda Vista Park, and Monta Vista Park. The pros and cons of each of these four park sites for potentially accommodating WCFMA are described below.
Memorial Park houses tennis courts, a softball field, an amphitheater, two playgrounds, and a large picnic site. It is one of the most popular parks in Cupertino.
The park is home to large community events such as festivals, concerts, movies, and Shakespeare in the Park. The parking at Memorial Park is also shared by the Cupertino Senior Center and Quinlan Community Center. Rentals at both these buildings are popular on the weekends and parking will frequently overflow into both parking lots. Memorial Park has been available for the Farmers’ Market during the pandemic since normal City operations were not in full swing. However, during this period when the WCFMA was temporarily located in Memorial Park, we have received complaints from tennis and softball players due to lack of parking on Sundays. Additionally, there are three current capital improvement (CIP) projects planned for Memorial Park that will span multiple years of construction. The pond repurposing project will begin construction this Spring, with anticipated parking impacts due to construction staging. Staff have also received concerns from neighbors related to noise level, traffic congestion, inadequate parking, and emergency vehicle access associated with the Farmers’ Market at Memorial Park.
Some Farmers’ Market customers park in resident-only spaces at apartment complexes near Memorial Park. The main advantages to holding the Farmers’ Market at the Memorial Park Senior Center parking lot is that it offers a sufficiently large venue which can be seen from Stevens Creek Blvd.
Jollyman Park houses a dog off-leash area, a softball field, a half basketball court, two playgrounds, soccer fields, and drop-in picnic areas. Jollyman Park also has a current Capital Improvement Project to build an all-inclusive playground. Parking may be impacted by construction due to the parking lot possibly being used for construction staging areas. Jollyman Park’s current use is heavy during the weekends and the Park only has one parking lot.
Linda Vista Park houses two playgrounds, a fitness area, a large rentable picnic area, and first come-first-serve picnic areas. The Park also has a parking lot that could accommodate the Farmers’ Market. However, the Park is located within a residential area with less traffic and visibility than the other two parks. Linda Vista Park has only one parking lot, and parking for large events at the park regularly spills onto neighborhood streets.
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Monta Vista Park houses tennis courts, two playgrounds, and a softball field. The Park offers one parking lot, and there is street parking surrounding it. The Park faces the well-traveled Foothill Blvd. and offers fencing for Farmers’ Market marketing banners facing that road. Monta Vista Park also has a Recreation Center with restrooms open to the public seven days a week. Monta Vista Park is also close to major freeways allowing easy access for visitors. Although the parking lot configuration is not optimal for a Farmers’ Market due to its shape, it is adequate as it only offers four fewer spaces than Memorial Park.
Memorial, Jollyman, Linda Vista, and Monta Vista Parks are the only City parks with parking lots that are large enough to accommodate the Farmers’ Market. However, Memorial Park and Jollyman Park have large multi-year CIP projects planned that will limit the availability of parking. In addition, Memorial Park has events and programs scheduled on Sundays that preclude the Farmers’ Market to occur. Linda Vista Park has a sufficiently large parking lot, but it is not highly visible from more- traveled roads. Monta Vista Recreation Center has only one parking lot, but the Park has street parking on all four sides and is located on a well-traveled road.
Sustainability Impact
Continuing the Sunday farmers’ market will greatly benefit the community by providing access to fresh and locally sourced produce and other food items. This would also potentially help reduce the City’s greenhouse gas emissions and carbon footprint.
Fiscal Impact
No impact: License agreements for farmers’ markets do not currently require a use fee.
_____________________________________
Prepared by: Rachelle Sander, Assistant Director of Parks and Recreation Reviewed by: Joanne Magrini, Director of Parks and Recreation Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments:
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CITY OF CUPERTINO
Agenda Item
22-10477 Agenda Date: 3/15/2022
Agenda #: 1.
Subject: Recognize the receipt of the California Society of Municipal Finance Officers (CSMFO) Innovation Award
Consider recognition of the receipt of the California Society of Municipal Finance Officers (CSMFO) Innovation Award for the City’s Resident Tax Calculator and Budget Forecast Tool Presenter: Thomas Leung, Senior Management Analyst
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Recognize the receipt of the California Society of Municipal Finance Officers (CSMFO) Innovation Award
Recommended Action
Consider recognition of the receipt of the California Society of Municipal Finance Officers (CSMFO) Innovation Award for the City’s Resident Tax Calculator and Budget Forecast Tool.
Discussion
The California Society of Municipal Finance Officers (CSMFO) is the preeminent organization serving California municipal finance professionals. CSMFO promotes excellence in financial management through innovation, continuing education, and the professional development of its members.
The CSMFO Innovation Award recognizes innovation in public sector finance – in the areas of accounting, budgeting, treasury, debt administration, procurement, risk management, and technology. An Innovation Award Review Panel composed of CSMFO board members and Recognition Committee leadership score s the applications. In evaluating the applications, the Review Panel looks for originality, purpose, practicality, and transferability. Recent winners of the Innovation Award include:
2021: City of Moreno Valley for their Computer Learning and Internet Connectivity initiative.
2020: City of Ukiah for their Electronic Budget and Midpeninsula Open Space District for their Midpeninsula Project Central project management system. 2019: City of Santa Cruz for their Action Lab program to find internal solutions to balance their budget and support their Sustainability Plan. 2018: City and County of San Francisco for their Fraud Hotline Outreach and Education Program.
CSMFO awarded the City of Cupertino the 2022 Innovation Award for the City’s Resident Tax Calculator and Budget Forecast Tool. This is the first time that the City of Cupertino 14 CC 03-15-2022
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has received this award and highlights the City’s commitment to innovation despite unique challenges presented by the pandemic over the past year.
The Resident Tax Calculator gives residents personalized estimates of how much they pay in sales and property taxes. When a resident enters how much they spend on goods and services and the assessed value of their home, the calculator shows them how much tax they pay and where the tax dollars go. The purpose of the calculator is to help residents understand how their tax dollars pay for City services.
The Budget Forecast Tool allows residents to build their own version of the City's budget forecast. Residents can select from various revenue and spending options, then immediately see how each choice impacts surpluses and deficits. To balance the budget, residents can choose revenue generation (e.g., additional taxes) or expense reduction (e.g., service cuts) strategies. By illustrating the tradeoffs of each option, the simulation promotes informed discussion on how the City can chart a fiscally sustainable course.
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The Resident Tax Calculator and Budget Forecast Tool provide innovative solutions for promoting fiscal transparency and engaging residents in the City’s budgeting proce ss.
They are available at
cupertino.org/our-city/departments/finance/interactive-tools-calculators.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Thomas Leung, Senior Management Analyst
Reviewed by: Zach Korach, Finance Manager
Approved for Submission by: Jim Throop, City Manager
Attachments: No attachments.
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CITY OF CUPERTINO
Agenda Item
21-10216 Agenda Date: 3/15/2022
Agenda #: 2.
Subject: Brief reports on councilmember activities and brief announcements Receive brief reports on councilmember activities and brief announcements CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
21-10227 Agenda Date: 3/15/2022
Agenda #: 3.
Subject: Report on Committee assignments
Report on Committee assignments
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CITY OF CUPERTINO
Agenda Item
21-10238 Agenda Date: 3/15/2022
Agenda #: 4.
Subject: City Manager update
Receive City Manager update on emergency response efforts and other City business CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
22-10555 Agenda Date: 3/15/2022
Agenda #: 5.
Subject: Approve the February 23 City Council minutes
Approve the February 23 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Wednesday, February 23, 2022
SPECIAL MEETING
At 5:30 p.m., Mayor Darcy Paul called the Special City Council Meeting to order. This was a teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.
COUNCIL WORKSHOP
1. Subject: Prepare for agendized discussion with legislators Recommended Action: Prepare for agendized discussion with legislators
Written Communications for this item included a staff presentation.
Deputy City Manager Katy Nomura gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin was concerned about information regarding the redistricting process.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Council prepared for the agendized discussion with legislators.
Council recessed from 5:53 p.m. to 6:30 p.m.
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2. Subject: Discussion with legislators regarding legislative sessions and priorities Recommended Action: Conduct discussion with legislators regarding legislative sessions and priorities
Written Communications for this item included a staff presentation.
Mayor Paul and Vice Mayor Chao provided brief opening remarks.
Assemblymember Evan Low and Senator Dave Cortese discussed their priorities and areas of interest.
Councilmembers asked questions and made comments.
Deputy City Manager Katy Nomura gave a presentation.
Councilmembers highlighted topics.
Assemblymember Evan Low and Senator Dave Cortese discussed potential proposals and policies in response to Council’s legislative priorities.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported the workshop, opposed state housing bills including SB 9 and SB 10, and was concerned about loss of local control.
Lisa Warren supported the workshop and was concerned about agencies misinterpreting data when comparing regional indexes.
Jean Bedord supported the workshop and state housing laws to incentivize housing production and changing the requirements to pass school revenue measures.
Neil McClintick, on behalf of Cupertino for All, supported focusing on housing and transportation issues, creating inclusive communities, and state housing bills.
Housing Commissioner Connie Cunningham (representing self) supported the workshop, housing production preservation bills, and addressing homelessness.
Mayor Paul closed the public comment period.
Assemblymember Evan Low and Senator Dave Cortese made closing remarks. 22 CC 03-15-2022
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Councilmembers made follow-up remarks.
Council conducted the discussion with legislators regarding legislative sessions and priorities.
ADJOURNMENT
At 8:18 p.m., Mayor Paul adjourned the Special City Council Meeting.
_________________________
Kirsten Squarcia City Clerk
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CITY OF CUPERTINO
Agenda Item
22-10487 Agenda Date: 3/15/2022
Agenda #: 6.
Subject: Approve the March 1 City Council minutes
Approve the March 1 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, March 1, 2022
SPECIAL MEETING
At 5:30 p.m., Mayor Darcy Paul called the Special City Council Meeting to order. This was a teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.
STUDY SESSION
1. Subject: Consider a Study Session on the proposed ordinance language and phasing for a Single-Use Plastics Ordinance
Recommended Action: Conduct a Study Session on the proposed ordinance language and phasing for a Single-Use Plastics Ordinance
Presenter: Ursula Syrova, Environmental Programs Manager
Written Communications for this item included a staff presentation.
Environmental Programs Manager Ursula Syrova gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin maintained a neutral position in supporting the draft ordinance and asked about the City’s jurisdiction to regulate foodware.
Lisa Warren supported the draft ordinance and partnering with other agencies to share the increase in cost.
Gwyn Azar, on behalf of the Cupertino Chapter of Silicon Valley Youth Climate Action, 25 CC 03-15-2022
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supported the draft ordinance.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Council conducted the Study Session on the proposed ordinance language and phasing for a Single-Use Plastics Ordinance and provided feedback to staff.
Councilmember comments included: Support for basic concepts of limiting plastics and requiring reusables for dining in, clarify and define the temporary waiver and exemption process so as to not hurt businesses, make it a broad -based effort that looks beyond foodware (e.g. othe r packaging), continue outreach to businesses and the community for feedback on this topic and to promote using reusable foodware whenever possible (including schools), find a consultant with restaurant industry experience to provide support, explore a pil ot of reusable takeout foodware, explore requiring compostable produce bags, compare the greenhouse gas lifecycle assessments of recycling plastics vs composting fiber -based foodware, clarify the use of plastic lids for paper cups, clarify foil -based conta iners and wraps, build in accommodation for future changes in compostable foodware that might allow for acceptable compostable plastic-type containers, consider a six -month incentive pilot before mandating changes, explore ways of coordinating timing of si milar efforts with neighboring cities, return in April with input and feedback and propose an initial ordinance reading.
ADJOURNMENT
At 6:30 p.m., Mayor Paul adjourned the Special City Council Meeting.
REGULAR MEETING
At 6:45 p.m., Mayor Darcy Paul cal led the Regular City Council Meeting to order. This was a teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.
CEREMONIAL MATTERS AND PRESENTATIONS
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1. Subject: Proclamation declaring March as Youth Arts Month on behalf of those who advocate for art education to all elementary, middle and secondary students Recommended Action: Present proclamation declaring March as Youth Arts Month on behalf of those who advocate for art education to all elementary, middle and secondary students
Written Communications for this item included a presentation.
Mayor Paul presented the proclamation declaring March as Youth Arts Month to Arts Coordinator Sofia Fojas representing the Santa Clara County Office of Education.
2. Subject: Proclamation proclaiming March as American Red Cross Month and presentation from the American Red Cross regarding local activities Recommended Action : Present proclamation proclaiming March as American Red Cross Month and receive presentation from the American Red Cross regarding local activities
Written Communications for this item included a presentation.
Mayor Paul presented the proclamation proclaiming March as American Red Cross Month to Volunteer Stuart Chessen representing the American Red Cross Silicon Valley Chapter.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Connie Chao supported adding more DOLAs (Dogs Off-Leash Areas) in Cupertino and their positive impact on the community.
Jennifer Griffin opposed new bill AB 2097 to reduce parking min imums across the state potentially eliminate electrical vehicle recharging sites in new construction.
Kwang Liew supporte d adding more DOLAs in Cupertino and their benefits to the community.
REPORTS BY COUNCIL AND STAFF (10 minutes)
3. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements
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Council received brief reports on councilmember activities and brief announcements.
4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
5. Subject: City Manager update
Recommended Action: Receive City Manager update on emergency response efforts and other City business
Council received the City Manager update on emergency response efforts and other City business.
CONSENT CALENDAR (Items 6-9)
Wei moved and Moore seconded to approve the items on the Consent Calendar except for Item Nos. 9 which w as pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes:
None. Abstain: None. Absent: None.
6. Subject: Approve the February 15 City Council minutes Recommended Action: Approve the February 15 City Council minutes
7. Subject: Approve the February 17 City Council minutes Recommended Action: Approve the February 17 City Council minutes
8. Subject: Consider resignation of Bicycle Pedestrian Commission member Maanya Condamoor and direct staff on filling the unscheduled vacancy Recommended Action: 1. Direct staff to initiate a special recruitment and approve the application deadline and interview date for filling the unscheduled vacancy:
a. Deadline for applications of 4:30 p.m. on Friday, April 15, 2022 and b. Applicant interview date of 5:30 p.m., Tuesday, April 26, 2022
9. Subject: Receive the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2021-22 Adopted Budget Recommended Action: Receive the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2021-22 Adopted Budget
Mayor Paul opened the public comment period and the following people spoke.
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Jean Bedord supported further recognition of this item and was concerned about Finance Manager Zach Korach’s decision to leave the City of Cupertino.
Mayor Paul closed the public comment period.
Director of Administrative Services Kristina Alfaro reviewed the staff report.
Councilmembers made comments.
Council received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2021-22 Adopted Budget.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
10. Subject: Consideration of Vacation of a Public Pedestrian Walkway Easement through Tract 9405, which runs through Campo De Lozano subdivision, located near 20138 Rodrigues Avenue.
Recommended Action: Consider conducting a public hearing, adopting Resolution No. 22-031 (Attachment A) to vacate a public pedestrian walkway easement through Tract 9405.
Presenter: Chad Mosley, Assistant Director/City Engineer
Written Communications for this item included a staff presentation and emails to Council.
Assistant Director of Public Works/City Engineer Chad Mosley gave a presentation.
Mayor Paul opened the public hearing and the following people spoke.
Revathy Narasimhan opposed closing the path.
Marilyn Sherry opposed vacating the City’s easement to close the Lozano path.
Dino Sakkas opposed closing the path along Lozano Lane to Regnart Creek.
Helene Davis opposed closing the Lozano path.
John Zhu supported approving the Draft Resolution to vacate the walkway. (Submitted written comments).
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Jano Banks opposed the Draft Resolution to close the walkway.
Gary Virshup opposed granting the Lozano Lane easement.
Seema Lindskog opposed closing Lozano Lane access to the Regnart Creek path . (Submitted written comments).
Kevin Lu supported using alternative access points.
Jennifer Shearin opposed closing access to the path. (Submitted written comments).
Housing Commissioner Connie Cunningham (representing self) opposed closing the Regnart Creek path along Lozano.
Juliet Shearin opposed giving the Lozano Lane easement to the homeowners.
Stella supported closing the easement.
Jean Bedord opposed granting a private park to the Lozano Lane homeowners association and the Draft Resolution.
Xingchi opposed opening access to the walkway and trail.
Taghi Saadati opposed the Draft Resolution.
Christina Yang supported closing the Lozano easement path.
Lili Kouban supported the Draft Resolution and closing the pathway.
Vivian supported closing the pathway.
Bicycle Pedestrian Commissioner Erik Lindskog (representing self) opposed closing the path.
Janet Van Zoeren opposed closing the trail.
Planning Commissioner Steven Scharf (representing self) supported access to the path.
Mayor Paul closed the public hearing.
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Councilmembers asked questions and made comments.
Paul moved and Willey seconded that Council direct staff to place a “pedestrian pathway - no cycling” or similar sign on both sides of the Campo de Lozano pedestrian pathway easement and return to Council after gathering usage and safety data at this easement for one calendar year (or earlier if needed ), with recommendations based upon that data. Council did not vote on this motion.
Moore moved and Chao seconded a substitute motion to direct staff to comeback with the crosswalks mapped both with and without the Lozano Lane crossing informing Council how it will be a safe area for crossings and suggest the proper signage and safety precautions. Council did not vote this substitute motion.
Council also provided direction to staff to follow-up and provide information about the other three example trail crossings within the City that have easements.
Chao made a friendly amendment to the substitute motion to direct staff to return to Council one year after the formal opening of the trail to discuss whether the access point and Lozano e asement should remain given the then existing data regarding the crosswalk infrastructure at Lozano. (Chao and Moore accepted the friendly amendment to the substitute motion).
Chao made a friendly amendment to modify the amended substitute motion to direct staff to come back with a crosswalk mapped both with and without the Lozano Lane entrance informing Council how it will be a safe area for crossings and have staff suggest proper signage and safety precautions for the trail entrance; and come back at a future meeting. (Moore and Chao accepted the modified amendment to the substitute motion).
Chao made a second friendly amendment to modify the amended substitute motion to direct staff to come back with a crosswalk mapped both with and without the Lozano Lane entrance informing Council how it will be a safe area for crossings and have staff suggest proper signage and safety precautions and hours of operation for the trail entrance; and come back at a future meeting. (Moore and Chao accepted the second modified amendment to the substitute motion).
Chao made a third friendly amendment to modify the amended substitute motion to direct staff to come back with a crosswalk mapped both with and without the Lozano Lane entrance informing Council how it will be a safe area for crossings and have staff suggesting proper signage and safety precautions and hours of operation for the trail entrance and considering the value of access points at the Lozano easement at that 31 CC 03-15-2022
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time; and to come back at a future meeting. (Moore and Chao accepted the third modified amendment to the substitute motion). The modified amended substitute motion carried with Wei voting no.
Final Motion:
Moore and Chao moved a modified amended substitute motion to direct staff to:
return to Council one year after the formal opening of the trail to discuss whether the access point and Lozano easement should remain given the then existing data regarding the crosswalk infrastructure at Lozano; and come back with a crosswalk mapped both with and without the Lozano Lane entrance informing Council how it will be a safe area for crossings and have staff suggesting proper signage and safety preca utions and hours of operation for the trail entrance and considering the value of access points at the Lozano easement at that time; and to come back at a future meeting.
The modified amended substitute motion carried with Wei voting no.
Council also provided direction to staff to follow-up and provide information about the other three example trail crossings within the City that have easements.
Council recessed from 10:08 p.m. to 10:14 p.m.
ORDINANCES AND ACTION ITEMS
11. Subject: Consider accepting the Mid -Year Financial Report for Fiscal Year 2021 -22; consider adopting Resolution No. 22-032 approving Budget Modification #2122 -189 increasing appropriations by $9,457,951 and revenues by $10,220,000 Recommended Action: 1. Consider Accepting the City Manager’s Mid-Year Financial Report for FY 2021-22
2. Consider Adopting Resolution No. 22-032 approving Budget Modification #2122- 189 increasing appropriations by $9,457,951 and revenues by $10,220,000
3. Consider Approving the Conversion of (One) Limited-Term Project Manager Position to Full-Term Position.
4. Consider Approving Amendments to City's Committed, Unassigned Fund Balance, and Use of One Time Funds Policy which includes the following changes:
a. Consider Approving $2,000,000 contribution from the General Fund to the City’s Section 115 Pension Trust
b. Consider Increasing the City’s General Fund Economic Uncertainty Committed Reserve by $5,000,000
c. Consider Establishing a General Fund Capital Project Committed Reserve in the amount of $10,000,000
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Moore moved and Chao seconded to continue this item to the Special City Council Meeting on March 8. The motion carried unanimously.
12. Subject: Progress update of the Housing Element Update, and review, discuss, and approve selection of stakeholders group
Recommended Action: Receive report and provide feedback on the progress, review the stakeholders selection process, and consider approval of the stakeholders group Presenter: Ben Fu, Community Development Director
Written Communications for this item included a consultant presentation and emails to Council.
Ande Flower, Principal Planner at EMC Planning Group, gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin was concerned about the process and supported public attendance in the stakeholder meetings and reviewing all sites.
Alison Cingolani, on behalf of SV @Home, supported the list of stakeholder candidates and including members from all economic segments of the community.
Lisa Warren supported the progress in selecting the stakeholders list, community input, and in-person stakeholder meetings.
Jean Bedord supported the list of stakeholder candidates , selecting representatives who need housing, and moving forward with the process.
Neil McClintick, on behalf of Cupertino for All, supported choosing stakeholder members from various backgrounds and best efforts to meet outreach standards.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Wei moved to approve the list of 16 stakeholder candidates. There was no second and the motion was not considered.
Chao moved to form a Council Subcommittee to work with the Housing Element consultants for:
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1. General community outreach to leverage existing resources , including, but not limited to , the list who took the 2021 Housing Survey; block leader s, those who interviewed for the Vallco S pecific Plan and recommendations from Councilmembers, Planning and Housing Commissioners, and the applicants fo r the stakeholder groups.
2. To study the certified Housing Element to find out the exact requirements of AFFH (Affirmatively Furthering Fair Housing) to ensure that we follow HCD’s (California Department of Housing and Community Development) instruction.
There was no second and the motion was not considered.
Paul moved and Chao seconded t o continue this item to the Special City Council Meeting on March 8, to be heard after item 11. The motion carried unanimously.
ORAL COMMUNICATIONS - CONTINUED (As necessary) – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
ADJOURNMENT
At 12:03 a.m., on Wednesday, March 2, Mayor Paul adjourned the Regular City Council Meeting.
_________________________
Kirsten Squarcia City Clerk
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CITY OF CUPERTINO
Agenda Item
22-10563 Agenda Date: 3/15/2022
Agenda #: 7.
Subject: Approve the March 7 City Council minutes
Approve the March 7 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Monday, March 7, 2022
SPECIAL MEETING
At 7:30 a.m., Mayor Darcy Paul called the Special City Council Meeting to order.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None.
In open session before Council convened in closed session, the Mayor called for any members of the public who were present to provide comment regarding any item on the agenda. No members of the public requested to speak.
CLOSED SESSION
1. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager
Conducted Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager.
No reportable action was taken.
OPEN SESSION
REPORT REGARDING CLOSED SESSION
Mayor Paul conducted the open session report regarding closed session.
ADJOURNMENT
At 9:03 a.m., Mayor Paul adjourned the Special City Council Meeting.
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_______________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-10541 Agenda Date: 3/15/2022
Agenda #: 8.
Subject: Consider setting application deadline and interview dates for three terms expiring on the Teen Commission
Set application deadline and interview dates for three terms expiring on the Teen Commission and approve:
1.) Application deadline of 4:30 p.m. on Friday, May 13; and
2.) Interview dates at 5:30 p.m. on Tuesday, May 24 and Wednesday, May 25 (as needed) CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
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1 CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Consideration of application deadline and interview dates for three terms expiring on the Teen Commission.
Recommended Action
Set application deadline and interview dates for three terms expiring on the Teen Commission and approve the following:
1.) Application deadline of 4:30 p.m. on Friday, May 13; and
2.) Interview dates at 5:30 p.m. on Tuesday, May 24 and Wednesday, May 25 (as needed)
Discussion
The Teen Commission is comprised of nine members and has three vacancies this year.
The Council appoints members to two-year terms beginning on September 1 and ending on August 31 of the year their term is due to expire. Membership on the Commission is limited to Cupertino residents. Commissioners must be in the 8th through 11th grade at time of appointment. Members of the Teen Commission shall be appointed according to the current commission recruitment process adopted by City Council (Attachment A).
If Council wishes to establish the application deadline and interview dates, then staff will begin outreach for the recruitment. The Parks and Recreation Department will distribute vacancy notices to the school districts and advertise in the summer Recreation Schedule.
The City Clerk’s Office will advertise the vacancies on the City website and through social media, as well as in the Cupertino Courier , World Journal, and Cupertino Scene . Staff recommends that interviews be scheduled in May to interview applicants before their summer activities begin.
Sustainability Impact
None
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Fiscal Impact
None
_____________________________________
Prepared by: Lauren Sapudar, Deputy City Clerk
Approved for Submission by: Jim Throop, City Manager
Attachments:
A - Adopted Resolution Governing Teen Commission Recruitment 40 CC 03-15-2022
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RESOLUTION NO. 18-019
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
UPDATING THE CUPERTINO TEEN COMMISSION, ESTABLISHING
MEMBERSHIP FOR STUDENTS FROM 8TH THROUGH 11TH GRADE, AND
RESCINDING ANY AND ALL EARLIER RESOLUTIONS
WHEREAS, the Teen Commission was established by City C ouncil pursuant to Resolution 02-065, as amended through vari ous other resolutions, including resolutions nos. 02-167, 04-405, 05-095, 09-078, 09-115 and 16-138;
WHEREAS, pursuant to Resolution No. 17-033 adopted by Council on April 4, 2017, students enrolled in 8 th through 12 th grade may apply for membership to the Commission;
WHEREAS, the City Council desires that membership be limited to students who are enrolled in 8
th through 11 th grade at time of appointment for the purpose of establishing greater effectiveness of the Teen Commission.
NOW, THEREFORE, BE IT RESOLVED that m embership in the Teen Commission shall be limited to students enrolled in 8 th through 11 th grade at time of appointment. Any and a ll pr evious resolutions , including those listed above, to the extent they are still in effect, are hereby revoked and superseded by this Resolution.
Accordingly, the updated Teen Commission Resolution shall read as follows:
CUPERTINO TEEN COMMISSION
• The Cupertino Teen Commission will be comprised of nine members, at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission will be limited to Cupertino residents.
Members may attend sc hools outside of the city limits, or be schooled at home.
Commissioners must be in the 8th through 11th grade at time of appointment. • The members of the Teen Commission shall be appointed pursuant to the current commission recruitment process adopted by City Council, with the following exceptions: Applicants under the age of 18 must have written permission of a parent or guardian to participate on the Teen Commission. The Recreation and Community Services Department will work with the City Clerk to notice vacancies so that outreach to schools and youth organizations is accomplished. A letter of recommendation shall be submitted as part of the application process. The Council 41 CC 03-15-2022
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shall appoint new commissioners in May, to be seated in September, except in the case of reappointment of vacant seats.
A) For all applicants, the City Clerk will summarize the applications on a chart that indicates applicants' name, school, and grade level in order to assist the Council decision process. The summary chart will be distributed to the Council members before interviewing begins.
B) Each applicant in the interview pool will then be interviewed by Council. The applicant will start with a one-minute speech explaining why the applicant wishes to serve and why they feel qualified to serve.
C) Each Council member will then have the opportunity to ask at least one question of the applicant.
D) When the entire pool has been interviewed, Council will discuss the applicants. After the discussion, ballot voting will take place to determine the appointments.
E) If no applicant is appointed from one of the five public schools in Cupertino, Council may choose to re-advertise for a subsequent appointment process, fill the vacancy with any other applicant or leave the seat vacant.
F) Council may appoint alternates to serve on the commission in the event of a vacancy. Such alternates may attend meetings but shall not participate in meetings until such time as a vacancy has occurre d and the alternate has filled the vacancy. If Council appoints more than one alternate, Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring, the first alternate shall fill such vacancy without the need for further City Council action.
• Commissioners should reflect the broadest possible representation of Cupertino youth.
• A total of nine T een Commissioners will be appointed to two -year terms. F ive (5) appointments will be made in odd -numbered years and four (4) appointments in 42 CC 03-15-2022
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even-numbered years. Vacant seats will be filled with applicants willing to finish the term. The terms will begin on September 1st and end on August 31st of each year. • Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction.
• None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the city.
• The Commission shall elect a chair and vice-chair at the beginning of each year. • The annual meeting schedule will coincide with the commission term (i.e., September – August). Meeting times and location will be decided by the commission at the first meeting of the term, and will be adopted as the annual meeting schedule pursuant to the Brown Act.
• Actions taken by the Commission will be by majority vote. • The Recreation and Community Services Department will provide staff support to the Teen Commission and will post meeting agendas.
• The powers and function of the Teen Commission will be to advise the City Council and staff on issues and projects important to youth.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6
th day of March, 2018 by the following vote:
Vote Members of the City Council
AYES: Paul, Sinks, Chang, Scharf, Vaidhyanathan
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Darcy Paul
_________________________ ___________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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CITY OF CUPERTINO
Agenda Item
22-10551 Agenda Date: 3/15/2022
Agenda #: 9.
Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period March 15, 2022 through April 14, 2022 pursuant to the Brown Act, as amended by AB 361
Adopt Resolution No. 22-033 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period March 15, 2022 through April 14, 2022 pursuant to the Brown Act, as amended by AB 361
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1 CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period March 15, 2022 through April 14, 2022 pursuant to the Brown Act, as amended by AB 361
Recommended Action
Adopt the Draft Resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period March 15, 2022 through April 14, 2022 pursuant to the Brown Act, as amended by AB 361
Background
On March 2, 2020, Governor Newsom declared a state of emergency due to the public health threat posed by COVID-19. On March 4, 2020, Governor Newsom issued Executive Order No -29-20, which suspended certain elements of the Brown Act and specifically allowed legislative bodies to hold meetings entirely electronically with no physical meeting. In accordance with the Executive Order , the City held its first teleconference meeting on March 24, 2020, to help stop the spread of COVID -19. On June 11, 2021, Governor Newsom issued Executive Order No-08-21, which stated that the provisions in Executive Order No-29-20, suspending certain elements of the Brown Act, would continue to apply through September 30, 2021.
On September 15, 2021, Governor Newsom signed AB 361 into law, which allows state and local agencies to continue using teleconferencing during certain state -declared emergencies under modified Brown Act requirements. AB 361 became effective immediately after signing due to its emergency clause and is set to sunset on January 1, 2024. Under AB 361, teleconference meetings may be held during a state of emergency if (1) state or local officials have imposed or recommende d measures to promote social distancing, or (2) a legislative body determines by a majority vote that meeting in person would present imminent risks to the health or safety of attendees. (Gov. Code, § 54953(e)(1).)
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2 To continue teleconference meetings beyond a 30-day period, AB 361 requires the Council to make a determination that either (i) "[t]he state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) “State or local officials continue to impose or recommend measures to promote social distancing.” (Gov. Code, § 54953(e)(3)(B).) That determination must be reviewed each 30 days thereafter to continue teleconference meetings. (Ibid.)
Discussion
AB 361 allows the City Council and other City legislative bodies to continue meeting exclusively via teleconference so long as a state emergency declaration remains in place and the statute’s conditions for permitting remote meetings are met. To continue meeting remotely, the City Council must find that state or local officials have imposed or recommend measures to support social distancing , or that the state of emergency continues to directly impact the ability of the members to meet safely in person.
On February 15, 2022, Council adopted Resolution No. 22-025 affirming findings related to AB 361 and authorizing the City Manager and legislative bodies of the City of Cupertino to meet exclusively by teleconference in accordance with Government Code section 54953(e)(3) and other applicable provisions of the Brown Act through March 16, 2022 (Attachment B). Council may make either or both of the permitted findings to extend the time to allow teleconference meetings to continue. The Santa Clara County Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws (Attachment C). In addition, state Department of Industrial Relations Emergency Temporary Standards continue to require or recommend social distancing in certain circumst ances. These measures are required or recommended based on evidence that indoor activities continue to present imminent health and safety risks, particularly for unvaccinated individuals. It is therefore recommended that Council adopt the Draft R esolution authorizing continued teleconference meetings for the City of Cupertino’s legislative bodies in order to protect the health and safety of all attendees and participants , particularly those who are unvaccinated (Attachment A). In light of the anticipated continued decline in COVID-19 case rates and hospitalizations, staff anticipate returning to in -person or hybrid City Council and Commission meetings in April 2022, beginning with the April 5 City Council meeting.
Sustainability Impact
Conducting meetings remotely has reduced paper consumption by providing electronic access to meeting materials instead of printed materials.
Fiscal Impact
No fiscal impact.
_____________________________________
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3 Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments:
A – Draft Resolution
B – Adopted Resolution No. 22-025
C – Health Officer Recommendation Regarding Public Governmental Meetings 47 CC 03-15-2022
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RESOLUTION NO. 22-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD MARCH 15, 2022 THROUGH APRIL 14, 2022 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public access and participation in meetings of the City Council, commissions, and committees; and
WHEREAS, all meetings of the City of Cupertino’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Government Code sections 54950–54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by teleconference is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to authorize meetings exclusively by teleconference, a legislative body must determine that state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 5, 2021, November 2, 2021, November 30, 2021, December 21, 2021, January 18, 2022 and February 15, 2022 , the Cupertino City Council made the findings required under Government Code section 54953(e) and resolved that the legislative bodies of the City of Cupe rtino shall conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies should comply with the 48 CC 03-15-2022
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requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and
WHEREAS, Government Code section 54593(e)(3) provides that to continue to holding meetings of legislative bodies exclusively by teleconference, the legislative body must reconsider the circumstances of the state of emergency every 30 days, and find that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials c ontinue to impose or recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency that now exists , specifically defined in the County of Santa Clara proclamation of a local emergency beginning February 3, 2020, the City of Cupertino proclamation of a local emergency on March 11, 2020, the Governor of the State of California proclamation of a state of emergency beginning on Mar ch 4, 2020, and the national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the COVID-19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer's Recommendation Regarding Continued Remote Public Meetings of Governmental Entities dated September 21, 2021 and the California Department of Industrial Relations Revised Emergency Temporary Standards, effective January 14, 2022 , continue to require or recommend social distancing in the workplace in certain circumstances; and
WHEREAS, the Health Officer's Recommendations , the Revised Emergency Temporary Standards, and evidence documenting the transmission of COVID -19 in indoor spaces establishes that the state of emergency continues to directly impac t the ability of the members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby determines that the legislative bodies of the City of Cupertino shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953 €, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and
WHEREAS, the City has and will continue to provide access for the public to legislative meetings and procedures through video teleconference technologies.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, as follows:
1. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Cupertino are hereby authorized and directed to meet exclusively by teleconference and to take all actions necessary to carry out the intent and purpose of this Resoluti on, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
2. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective through April 14, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which th e City Council of the City of Cupertino may continue to teleconference without compliance with Government Code section 54953(b)(3).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March 2022, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
_______________ ________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
____________________ ___________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. 22-025
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD FEBRUARY 15, 2022 THROUGH MARCH 16, 2022 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public access and participation in meetings of the City Council, commissions, and committees; and
WHEREAS, all meetings of the City of Cupertino's legislative bodies are open and public, as required by the Ralph M. Brown Act (Government Code sections 54950-54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b )(3), subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by teleconference is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to authorize meetings exclusively by teleconference, a legislative body must determine that state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 5, 2021, November 2, 2021, November 30, 2021, December 21, 2021, and January 18, 2022, the Cupertino City Council made the findings required under Government Code section 54953(e) and resolved that the legislative bodies of the City of Cupertino shall conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that 51 CC 03-15-2022
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Resolution No. 22-025
Page2
such legislative bodies should comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and WHEREAS, Government Code section 54593(e)(3) provides that to continue to holding meetings of legislative bodies exclusively by teleconference, the legislative body must reconsider the circumstances of the state of emergency every 30 days, and find that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency that now exists, specifically defined in the County of Santa Clara proclamation of a local emergency beginning February 3, 2020, the City of Cupertino proclamation of a local emergency on March 11, 2020, the Governor of the State of California proclamation of a state of emergency beginning on March 4, 2020, and the national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the COVID-19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer order dated August 2, 2021 and the California Department of Industrial Relations Revised Emergency Temporary Standards, effective June 17, 2021, continue to require or recommend social distancing in the workplace in certain circumstances; and
WHEREAS, the Health Officer Order, the Revised Emergency Temporary Standards, and evidence documenting the transmission of COVID-19 in indoor spaces establishes that the state of emergency continues to directly impact the ability of the members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby determines that the legislative bodies of the City of Cupertino shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953€, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and
WHEREAS, the City has and will continue to provide access for the public to legislative meetings and procedures through video teleconference technologies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, as follows:
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3/7/22
Resolution No. 22-025
1. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Cupertino are hereby authorized and directed to meet exclusively by teleconference and to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
2. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective through March 16, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Cupertino may continue to teleconference without compliance with Government Code section 54953(b)(3).
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of February 2022, by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
/?~~ n'arcyPau\viaor
City of Cup ·
ATTEST:
~ A~ £-~
Kirsten Squarcia, City Clerk
3 /z/za z.:z.
Date
Date
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County of Santa Clara
Public Health Department
Health Officer
976 Lenzen Avenue, 2nd Floor
San José, CA 95126
408.792.3798
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
Recommendation Regarding Continued Remote Public Meetings of Governmental Entities
Issued: September 21, 2021
In light of the continued state of emergency related to COVID-19, the County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws.
Among other reasons, this recommendation is made due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings), and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. This recommendation does not apply to those meetings of a quasi-judicial nature that have been already meeting in person prior to September 21, 2021, for example to allow for credibility determinations of witnesses.
The Health Officer will continue to evaluate this recommendation on an ongoing basis and will communicate when there is no longer such a recommendation with respect to meetings for public bodies.
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CITY OF CUPERTINO
Agenda Item
22-10478 Agenda Date: 3/15/2022
Agenda #: 10.
Subject: Progress on FY 2021-2022 Council Work Program item to develop ELI and BMR housing units for Developmentally Disabled individuals on City-owned property along Mary Avenue Provide direction to staff on next steps related to potential future development options Presenter: Gian Martire, Senior Planner
CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Progress on FY 2021-2022 Council Work Program item to develop ELI and BMR housing units for Developmentally Disabled individuals on City -owned property along Mary Avenue.
Recommended Action
Provide direction to staff on next steps related to potential future development options.
Discussion
Background
Starting with the Fiscal Year (FY) 2019 -20 City Council Work Program, the City has included a project item to engage with philanthropic organizations to find a way to facilitate the construction of Extremely Low Income (ELI) housing units for the Developmentally Disabled populations within the City. Specifically, the objective had been to explore the possibility of building 6 -8 affordable ownership townhomes for this population. During, the FY 2021 -2022 City Work Program update, the project objective evolved to analyze the feasibility of developing housing for this target population on City owned property within the public right-of-way along Mary Avenue.
Analysis
Current Setting
The property being considered is along the westerly edge of the Mary Avenue right-of- way. Highway 85 is to the west, the Mary Avenue Dog Park to the north, Glen Brook Apartments to the east, and the future Westport Development (former Oaks Shopping Center) to the south. The width of an existing landscape buffer, betwe en the soundwall 56 CC 03-15-2022
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 2
along Highway 85 and the Mary Avenue pavement
is approximately 15 feet , with 93 perpendicular
parking spaces along westerly edge of Mary
Avenue.
As the property is within the Mary Avenue right -
of-way, the General Plan Land Use and Zoning
designation is ‘Transportation’. Please refer to
Figure 1 for a site setting, as well as Attachment B
for the Topographic Survey which has mapped out
the existing conditions.
Proposed Parcel
Public Works staff had commissioned and
completed a Draft Parcel Map (Attachment C). The
new parcel, which is identified as ‘Parcel 1’ on the
Draft Parcel Map, has prepared parcel dimensions
for use in the housing project while also ensuring
adequate right of way to provide multi -modal
travel and parking along one side of Mary Avenue.
The resulting parcel area and approximate
dimensions as indicated in Table 1 below.
Table 1 Proposed Parcel
Approximate Length 860 feet
Approximate Width1 38 feet
Square Feet/Acreage 34,468 square feet/0.79 acres
The Mary Avenue right -of-way would have a resulting width of 56 feet with one -lane vehicle lanes and bicycle lanes in each direction, sidewalks on both sides of the street as well as parallel parking on the west side of the roadway. Parking would be eliminated
1 The distance between the Highway 85 sound wall and the western property line is 6.5 feet. This 6.5 feet is part of the Highway 85 right of way.
Figure 1 Satellite image of the proposed
parcel area.
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 3
along the eastern edge of the road. Figure 2 below shows the parcel and right of way dimensions.
Figure 2 Proposed Parcel (Draft Parcel Map)
Process for Disposition and Development of Surplus Land and Other Options The State of California defines “surplus land” as “land owned in fee simple by any local agency for which the local agency’ s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code, § 54221(b)(1).) The Surplus Land Act imposes procedural requirements of the disposition of surplus land by local agencies. However, property may be declared “exempt surplus land” and disposed of through a competitive bidding process, without complying with other requirements of the Surplus Land Act if the land will be used for certain affordable housing purposes. Eligible affordable housing uses include “[a] housing development . . . that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households . . . for a minimum of 55 years for rental housing.” (Gov. Code, § 54221(f)(1)(F)(i).) The local agency must invite any local public entity within whose jurisdiction the surplus land is located and housing sponsors that have notified the State Department of Housing and Community Development of their interest in the surplus land to participate in the bidding process. (Ibid.) As the project is envisioned by City Council to be 100 percent affordable to very low - income households, would include a rental -rate restricted for at least 55 years, and the project developer would be selected through an RFQ/RFP process, the disposition of the property would meet the criteria for “exempt surplus land” if the notice requirements of the Surplus Land Act are followed. If Council wishes to move forward with the 58 CC 03-15-2022
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 4
disposition of the property for the proposed ELI housing use, staff recommends that the City take the following steps:
Circulate an RFQ/RFP for qualified housing developers in accordance with the State’s Surplus Land Act.
Following the selection of a qualified housing developer, initiate concurrently the following processes:
o Parcel map for the division of the Mary Avenue right-of-way. o General Plan and Zoning Map amendments.
o Any necessary CEQA evaluation.
o Associated Planning entitlements that may include a Development Permit, Use Permit, and/or Architectural Site Approval.
o A City Council declaration that the site is exempt surplus land.
City Council will also need to provide direction as to the whether the city will dispose of the parcel through a sale to a qualified developer or enter into a lease agreement.
Sustainability Impact
No sustainability impacts.
Fiscal Impact
The Mary Ave. parcel for ELI/Developmental Disability Housing Council work program item was originally adopted in Fiscal Year 2019 -20 (FY20) at $150,000 (page 360 of FY20 Final Budget) in the Housing Services, BMR Affordable Housing budget as a special project (265-72-711 750-052). Those funds remained unspent and unencumbered for FY20 and FY21 and were carried over in both years. As part of the FY22 Final adopted budget (page 429) an additional $100,000 was allocated bringing total funding to date to $250,000.
To date a total of $12,540 has been spent or encumbered.
Next Steps
Upon direction from City Council, an RFP/RFQ process would be initiated for qualified affordable housing developers.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Benjamin Fu, Director of Community Development
Christopher Jensen, City Attorney
Approved for Submission: Dianne Thompson, Assistant City Manager 59 CC 03-15-2022
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March 15, 2022 FY 2021-2022 City Work Program: ELI Housing Mary Avenue Page 5
Attachments:
A – FY 2021-2022 City Work Program
B - Topographic Survey – Existing Conditions
C – Draft Parcel Map
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
Not
Prioritized
Cupertino Store at Chamber of
Commerce
Explore the potential of locating Cupertino store and
public incubator center at Chamber of Commerce or
other locations with a mutually beneficial agreement,
including potential Cupertino store merchandise, and
attempt to provide a draft proposal for consideration
by the Council by the end of FY 2021-2022.
Medium
(assumes
Chamber
provides
staffing for
operations)
5,000
(for merchandise)
5,000
(for
merchandise)
Fine Arts
Commission (If
the City
provides
merchandise)
City Manager’s
Office/
Community
Development
Public
Engagement
and
Transparency
Not
Prioritized
10455 Torre Avenue Improvements
Programming & Feasibility
*Also Part of CIP
Program, plan, and build facility improvements,
including seismic, utility and ADA upgrades, for the
long-term use of this facility. The scope of work will
include public outreach, programming, planning,
design, and construction.
Large 3,000,000 3,000,000 N/A Public Works Sustainability and Fiscal
Strategy
Not
Prioritized
Required
by Law
RHNA related General Plan updates and
rezoning
Review preliminary RHNA numbers. Look at strategies
for RHNA compliance including evaluating sites for
potential upzoning, and jobs-housing ratio and
statistics. Identify Priority Housing sites, update Housing Element and complete rezoning by September 2023.
Large 300,000 300,000 Planning
Commission
Community
Development
Housing
Not
Prioritized
Required
by Law
Sign Ordinance Update Update existing provisions, particularly in the temporary sign regulations.
Small 25,000 25,000 Planning
Commission
Community
Development
Quality of Life
1 Single-Use Plastics Ordinance and
Mayor's Cup Challenge Event
Adopt an ordinance to address single-use food service
ware items. Engage stakeholders, conduct public
outreach, determine CEQA requirements, work with
Sustainability Commission.
By January 2022, create an event to help develop
ideas to address non-recyclable plastics for
aftermarket uses.
Large 100,000 100,000 Sustainability
Commission
Public Works Sustainability
and Fiscal
Strategy
FY 2021-2022 City Work Program
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted. 1 Adopted 5/26/21
Reformatted 9/21/2161
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
2 Consider options to develop ELI and BMR
housing units for Developmentally
Disabled individuals on City-owned
property along Mary Avenue as well as
the Outback Steakhouse location
Identify ways to build ELI and BMR housing units for
developmentally disabled. Investigate additional sites
for BMR or ELI housing.
Large 250,000 250,000 Planning
Commission
Housing
Commission
Community
Development
Housing
3 Revisit 5G, including, but not limited to,
recording, responding to complaints,
transparency on existing applications
Council review existing 5G policy and make alterations
as they deem fit. Suggested areas to explore: 1)
Spacing between small cell sites and 2) study the City's
ability to mandate multi-tenant small cells
Staff is to record all resident concerns on a Resident
Concern Record. Staff is to add a street image for the
5G cell location and fill out the questionnaire 2. Staff is to meet with the cell providers monthly or as needed
based on additional resident concerns and give the
cell provider the sum total of Resident Concern
Records and then report back to City Council. Staff is
to continue to update the City Managers spreadsheet
of updated status for nearby cities 5G cells in
residential areas.
Large 250,000 250,000 TICC Public Works Quality of Life 4 Senior Strategy Address the needs of seniors in collaboration with the City Council and Commissions. Needs to address
include technology resources, housing, food supply,
transportation, and mental and physical health and
wellbeing.
Medium 34,000 34,000 Parks and
Recreation
Commission
Parks and
Recreation
Public
Engagement
and
Transparency
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted. 2 62
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
5 Lehigh and Stevens Creek Quarry Monitor and report on Lehigh and Stevens Creek Quarries. Includes noise and pollution monitoring for
these locations.
Medium 478,050
(Includes
$62,500 for
noise and
pollution
monitoring
and $415,550
for legal fees)
478,050
(Includes
$62,500 for
noise and
pollution
monitoring
and $415,550
for legal fees)
TICC Public Works/
Innovation
Technology
Quality of Life6 Homeless Jobs Program Create a jobs program for up to 2 individuals for 6 months. Could involve a job in maintenance of parks or
in Public Works.
Large 200,000 200,000 Housing
Commission
Community
Development
City Manager's
Office
Public Works
Parks and
Recreation
Housing
7 City Plan to End Homelessness Draft an Implementation Plan to the Santa Clara County Community Plan to End Homelessness 2020-25
to create a roadmap for addressing homelessness in
Cupertino.
Large 300,000 300,000 Housing
Commission
Community
Development
Housing
8 Memorial Park Improvements
*Also Part of CIP
Implement a six-month and 12-month plan for
Memorial Park improvements including:
1. Memorial Park - Pond Repurposing
2. Memorial Park - Amphitheater Improvements
3. Memorial Park - Specific Plan Design
Large 4,650,000 4,650,000 Parks and
Recreation
Parks and
Recreation
Public Works
Quality of Life
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
9 Consider New Commissions and
Committees
Explore the possibility of additional commissions or
committees to address City needs, such as senior,
traffic, transportation, and economic development.
Fiscal Strategic and Economic Development
Committee Charters: Develop committee charters for
the Economic Development Committee and the Fiscal
Strategic Committee.
Fine Arts Commission Name Change: Change the
name of the Fine Arts Commission to broaden the
reach of potential interest and align with commission
goals.
Review Environmental Review Committee: Review the
scope of the ERC.
Large 0 0 All Relevant
Commissions
and
Committees
City Manager's
Office/
Administrative
Services/
Community
Development/
Parks and
Recreation
Public
Engagement
and
Transparency
10 Shuttle Bus Pilot Program Implementation Community shuttle bus 18-month pilot program to increase connectivity throughout the City, nearby
medical locations, and Caltrain in Sunnyvale. Explore
complimentary opportunities to expand into other
cities.
Large 1,750,000 1,750,000 N/A Public Works Transportation 11 Lawrence Mitty
*Also Part of CIP
Acquire a parcel at Lawrence Expressway and Mitty
Ave for trail expansion and park development.
Complete annexation process. Development project
for Lawrence Mitty will be included in the CIP.
Programming, Outreach, & Design with outreach
expected to start by Q3 FY 21-22.
Medium 8,270,994
Available in
Developer In-Lieu
Fees
8,270,994 Parks and
Recreation
Commission
Public
Works/Parks
and Rec
Quality of Life
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
12 Development Accountability Analyze methods to limit the implementation timeline for entitled/future projects and encourage
development. Monitor implementation of
development agreements and conditions of approval.
Review and establish accountability in the project
approval process.
Medium 10,000 10,000 Planning
Commission
Community
Development
Quality of Life
13 Review and Update General Plan (GP)
and Municipal Code
1. Amend General Plan & Municipal Code & zoning
code to provide objective standards as identified in
2019/2020 evaluation. 2.Re-evaluate the Heart of the
City Specific Plan for sections of the plan that could be clarified and updated easily with objective standards.
Large 500,000 1,000,000
(Additional
amounts will
be defunded
at the end of
the year)
Planning
Commission
Community
Development
Quality of Life
14 Revamping Block Leader and
Neighborhood Watch Program
Revamping Block Leader, Neighborhood Watch
Program to encourage and allow broad participation,
and consider neighborhood councils.
- Neighborhood council members could be block
leaders or they could be appointed separately.
- Consider term limits and appointment/election
process of block neighborhood watch leaders.
Medium 1,500 1,500 N/A City Manager's
Office
Public
Engagement
and
Transparency
15 Encouraging Dark Sky Compliance Encourage compliance by existing commercial properties and other organizations, including school
sites.
Small 10,000 10,000 N/A Community
Development
Sustainability
and Fiscal
Strategy
16 City Light Transition Assessment
*Also Part of CIP
Assess the costs, benefits, and opportunities of
transitioning the City's streetlight infrastructure, and other City operated lights, from induction to LED
fixtures. LEDs would allow lights to be turned down and the assessment will evaluate the efficacy of various
color temperatures that would meet the dark sky
requirements. Review light pollution by streetlights.
Medium 50,000 50,000 N/A Public Works Sustainability
and Fiscal
Strategy
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
17 Mental Health Support Provide a dedicated webpage with resources for mental health and emphasize mental health
programming in class offerings.
Medium 10,000 10,000 N/A Parks and
Recreation
Quality of Life
18 Climate Action Plan Engage a consultant and commit staff time to developing CAP 2.0. California State law requires
addressing climate adaptation, resiliency,
transportation greenhouse gasses, and environmental
justice in the next climate action plan. One major
objective is to identify the economic and community
opportunities for Cupertino as California policy points towards neutral emissions in 2045, and net negative
emissions in subsequent years.
Large 178,000 178,000 Sustainability
Commission
City Manager's
Office
Sustainability
and Fiscal
Strategy
19 Regional Transformative Transit Projects
Initiative
Work to advance the following projects as submitted to
the Metropolitan Transportation Commission (MTC) as
Transformative Transportation Projects: 1. Stevens Creek
Corridor High Capacity Transit 2. Highway 85 Transit
Guideway 3. Silicon Valley High Capacity Transit Loop
4. Transit Update & Funding Strategies
Large TBD 0 N/A Public Works Transportation
20 Residential and Mixed Use Residential
Design Standards
Create objective design standards for residential and
mixed-use residential projects, including ensuring
adequate buffers from neighboring low-density
residential development.
Medium 240,000 240,000 Planning
Commission
Community
Development
Quality of Life
21 Study Session on Regulating Diversified
Retail Use
Identify ways to encourage retail diversity and vital
services, find creative solutions to retenant vacant
spaces and to attract independent operators.
Evaluate pros and cons of Retail Formula Ordinances in
other cities.
Medium 50,000 50,000 Planning
Commission
Community
Development
Quality of Life
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted. 6 66
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
22 Personal Preparedness Campaign Develop a personal preparedness campaign including providing personal preparedness kits to the community.
To include a revamp of the Block Leader program to
encourage membership and include a preparedness
focus.
Medium 10,000 10,000 Public Safety
Commission
City Manager's
Office
Public
Engagement
and
Transparency
23 Seismic Retrofits and Upgrades to
Existing City Hall (formerly "Investigate
Alternatives to City Hall")
* Also Part of CIP
Examine seismic retrofits, upgrades, and remodels to
existing City Hall. Remove allocations from budget to a new City Hall.
Large 500,000 500,000 N/A Public Works Sustainability
and Fiscal
Strategy
24 Vision Zero Develop a Vision Zero Policy and Action Plan. The Plan will guide policies and programs with the goal of
eliminating fatalities on Cupertino roadways. Special
emphasis will be placed on routes to, and streets
surrounding, Cupertino schools.
Medium 0 0 Bicycle
Pedestrian
Commission
Public Works Transportation
25 Municipal Water System To analyze and recommend options for the continued operation of the system currently and at the end of
lease with San Jose Water Company in November
2022.
Medium 150,000 150,000 N/A Public Works Sustainability and Fiscal
Strategy
26 Blackberry Farm Golf Course Needs
Assessment
*Also Part of CIP
Determine short-term and long-term improvements to
the golf course and amenities.
Medium 50,000 50,000 Parks &
Recreation
Commission
Parks and
Recreation
Quality of Life
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted. 7 67
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
27 Pilot - Adaptive Traffic Signaling Utilize the City's Traffic Management System to test impact of enhanced adaptive traffic signaling. This will be done through software modifications and/or the
addition of IOT devices such as intelligent cameras and
sensors.
Medium 275,000 275,000
(Includes
$180,000 for
operational
infrastructure
improvements
required to
facilitate this
project)
TICC Innovation
Technology
Transportation
28 Pilot - Multimodal Traffic Count Utilize the City's Traffic Management System and/or IOT equipment to provide the number of vehicles,
pedestrians and bike traffic that moved through a
given area, e.g., intersection, roadway or trail.
Medium 55,000 55,000 TICC Innovation
Technology
Transportation
29 Dogs Off Leash Area (DOLA) Identify additional areas suitable for permitting dogs to be off leash and establish one such area, if the current trial period is successful.
Small 5,000 5,000 Parks and
Recreation
Commission
Parks and
Recreation
Quality of Life
30 Roadmap Project Publish Process Flow Chart for Public Facing Online Applications.
Medium 0 0 N/A Innovation
Technology
Public
Engagement
and
Transparency
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted. 8 68
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MARY
AVENUEWEST VALLEY FREEWAY
PARKWOOD DRIVE
MARY
AVENUE
WEST VALLEY FREEWAY
(408) 615-4000
4880 Stevens Creek Blvd. Suite 100
KullGiuliani& Inc.- Jose,San
San Jose, California 95129
CUPERTINO, CALIFORNIA
MARY AVENUE ROW
1 TOPOGRAPHIC
SURVEY
VICINITY MAP
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(408) 615-4000
4880 Stevens Creek Blvd. Suite 100
Kull Giuliani&Inc. -Jose, San
San Jose, California 95129
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MARY
AVENUE
WEST VALLEY FREEWAY (HWY 280)
MARY
AVENUE
(408) 615-4000
4880 Stevens Creek Blvd. Suite 100
Kull Giuliani&Inc. -Jose, San
San Jose, California 95129
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CITY OF CUPERTINO
Agenda Item
22-10581 Agenda Date: 3/15/2022
Agenda #: 11.
Subject: Review of Homeless Jobs Program, FY 2021-22 City Work Program item and consider adoption of Resolution No. 22-026 accepting accounts payable for the period ending January 10, 2022
1. Receive report; and
2. Adopt Resolution No. 22-026 accepting Accounts Payable for the period ending January 10, 2022 Presenter: Kerri Heusler, Housing Manager
CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • www.cupertino.org
CITY COUNCIL STAFF REPORT
March 15, 2022
Subject
Review of Homeless Jobs Pro gram, FY 2021-22 City Work Program item, and adoption of Resolution No. 22-026 accepting accounts payable for the p eriod ending January 10, 2022
Recommended Action
1. Receive report; and
2. Consider adoption of Resolution No. 22-026 accepting Accounts Payable for the period ending January 10, 2022.
Background
On May 26, 2021, City Council adopted the FY 2021-22 City Work Program (CWP), see Attachment B. The CWP includes the Homeless Jobs Program with an objective to “Create a jobs program for up to 2 individuals for 6 months” and a $200,000 budget. On February 15 , 2022, City Council reviewed the accounts payable items for the p eriod ending January 10, 202 2 and request ed an update on expenses incurred by the CWP Homeless Jobs Program, see Attachment C.
Homeless Jobs Program
In September 2021, the City issued a Request for Prop osals ( RFP) and received one proposal from West Valley Community Services (WVCS) . WVCS was selected as the service provider to administer the City’s Pilot Homeless Jobs Program. In response to the needs of the City, WVCS expanded their existing Haven to Home program , which coordinates w ith several other organizations offering employment services such as Destination: Home, Catholic Charities, Center for Employment and Training, Goodwill, and JobTrain to help employ the homeless community in Cupertino.
The pilot program launched in October, and two unhoused residents fr om Cupertino were selected to begin employment at jobs located at WVCS in Cupertino. One individual is assisting in the WVCS Food Pant ry and t he second individual is assisting with WVCS Facilities. The two participants began working on individual professional development plans in January. Job training will occur from January through April/early May while they continue on -the-job employment. The program will conclude in June 2022. The City provides monthly technical assistance and monitoring. 73 CC 03-15-2022
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2 Contract Terms & Budget
The City entered into contra ct with WVCS fo r $169,058 to administer the program, see Attachment D. All expenses incurred are within the scope and budget of the contract.
The remaining budget is on pace for completion of the program in June 2022.
The program consists of the following elements, as outlined in Exhibit A of the contract. (2) full time, non-exempt positions with WVCS for 8 months (October 2021-June 2022)
Work appropriate clothing, if needed
Housing search and support, if needed
Financial coaching through the WVCS Financial Empowerment Program Training
Job coaching
Case management
Access to other WVCS benefits, including food pantry programs
The following table outlines the program budget, as outlined in Exhibit A of the contract.
Item Cost
Salary & benefits $68,000 ($17/hr + benefits)
Housing support $54,000
Training $10,000
Case management and supervision $10,000
Clothing & misc $5,000
Admin (@15%) $22,058
TOTAL $169,058
Next Steps
The CWP Homeless Jobs Program will continue through June 2022.
Prepared by: Kerri Heusler, Housing Manager
Approved for Submission by: Benjamin Fu, Director of Community Development
Attachments:
A - Draft Resolution 22-026
B - FY 2021-22 City Work Program adopted May 26, 2021
C - 2.15 WVCS Homeless Jobs Program AP Report
D- WVCS Professional/Consulting Services Agreement dated September 15, 2021
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RESOLUTION NO. 22-026
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE
AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR
GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING JANUARY 10, 2022
WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby allow the claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March, 2022 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Darcy Paul, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
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Resolution No. 22-026
CERTIFICATION
The Finance Manager hereby certifies to the accuracy of said records and to the av
ailability of funds for payment.
CER
TIFIED: _____________________________
Kristina Alfaro, Director of Administrative Services
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
Not
Prioritized
Cupertino Store at Chamber of
Commerce
Explore the potential of locating Cupertino store and
public incubator center at Chamber of Commerce or
other locations with a mutually beneficial agreement,
including potential Cupertino store merchandise, and
attempt to provide a draft proposal for consideration
by the Council by the end of FY 2021-2022.
Medium
(assumes
Chamber
provides
staffing for
operations)
5,000
(for merchandise)
5,000
(for
merchandise)
Fine Arts
Commission (If
the City
provides
merchandise)
City Manager’s
Office/
Community
Development
Public
Engagement
and
Transparency
Not
Prioritized
10455 Torre Avenue Improvements
Programming & Feasibility
*Also Part of CIP
Program, plan, and build facility improvements,
including seismic, utility and ADA upgrades, for the
long-term use of this facility. The scope of work will
include public outreach, programming, planning,
design, and construction.
Large 3,000,000 3,000,000 N/A Public Works Sustainability and Fiscal
Strategy
Not
Prioritized
Required
by Law
RHNA related General Plan updates and
rezoning
Review preliminary RHNA numbers. Look at strategies
for RHNA compliance including evaluating sites for
potential upzoning, and jobs-housing ratio and
statistics. Identify Priority Housing sites, update Housing Element and complete rezoning by September 2023.
Large 300,000 300,000 Planning
Commission
Community
Development
Housing
Not
Prioritized
Required
by Law
Sign Ordinance Update Update existing provisions, particularly in the temporary sign regulations.
Small 25,000 25,000 Planning
Commission
Community
Development
Quality of Life
1 Single-Use Plastics Ordinance and
Mayor's Cup Challenge Event
Adopt an ordinance to address single-use food service
ware items. Engage stakeholders, conduct public
outreach, determine CEQA requirements, work with
Sustainability Commission.
By January 2022, create an event to help develop
ideas to address non-recyclable plastics for
aftermarket uses.
Large 100,000 100,000 Sustainability
Commission
Public Works Sustainability
and Fiscal
Strategy
FY 2021-2022 City Work Program
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
ATTACHMENT C
1 Adopted 5/26/21
Reformatted 9/21/2177
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
2 Consider options to develop ELI and BMR
housing units for Developmentally
Disabled individuals on City-owned
property along Mary Avenue as well as
the Outback Steakhouse location
Identify ways to build ELI and BMR housing units for
developmentally disabled. Investigate additional sites
for BMR or ELI housing.
Large 250,000 250,000 Planning
Commission
Housing
Commission
Community
Development
Housing
3 Revisit 5G, including, but not limited to,
recording, responding to complaints,
transparency on existing applications
Council review existing 5G policy and make alterations
as they deem fit. Suggested areas to explore: 1)
Spacing between small cell sites and 2) study the City's
ability to mandate multi-tenant small cells
Staff is to record all resident concerns on a Resident
Concern Record. Staff is to add a street image for the
5G cell location and fill out the questionnaire 2. Staff is to meet with the cell providers monthly or as needed
based on additional resident concerns and give the
cell provider the sum total of Resident Concern
Records and then report back to City Council. Staff is
to continue to update the City Managers spreadsheet
of updated status for nearby cities 5G cells in
residential areas.
Large 250,000 250,000 TICC Public Works Quality of Life 4 Senior Strategy Address the needs of seniors in collaboration with the City Council and Commissions. Needs to address
include technology resources, housing, food supply,
transportation, and mental and physical health and
wellbeing.
Medium 34,000 34,000 Parks and
Recreation
Commission
Parks and
Recreation
Public
Engagement
and
Transparency
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
5 Lehigh and Stevens Creek Quarry Monitor and report on Lehigh and Stevens Creek Quarries. Includes noise and pollution monitoring for
these locations.
Medium 478,050
(Includes
$62,500 for
noise and
pollution
monitoring
and $415,550
for legal fees)
478,050
(Includes
$62,500 for
noise and
pollution
monitoring
and $415,550
for legal fees)
TICC Public Works/
Innovation
Technology
Quality of Life6 Homeless Jobs Program Create a jobs program for up to 2 individuals for 6 months. Could involve a job in maintenance of parks or
in Public Works.
Large 200,000 200,000 Housing
Commission
Community
Development
City Manager's
Office
Public Works
Parks and
Recreation
Housing
7 City Plan to End Homelessness Draft an Implementation Plan to the Santa Clara County Community Plan to End Homelessness 2020-25
to create a roadmap for addressing homelessness in
Cupertino.
Large 300,000 300,000 Housing
Commission
Community
Development
Housing
8 Memorial Park Improvements
*Also Part of CIP
Implement a six-month and 12-month plan for
Memorial Park improvements including:
1. Memorial Park - Pond Repurposing
2. Memorial Park - Amphitheater Improvements
3. Memorial Park - Specific Plan Design
Large 4,650,000 4,650,000 Parks and
Recreation
Parks and
Recreation
Public Works
Quality of Life
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
9 Consider New Commissions and
Committees
Explore the possibility of additional commissions or
committees to address City needs, such as senior,
traffic, transportation, and economic development.
Fiscal Strategic and Economic Development
Committee Charters: Develop committee charters for
the Economic Development Committee and the Fiscal
Strategic Committee.
Fine Arts Commission Name Change: Change the
name of the Fine Arts Commission to broaden the
reach of potential interest and align with commission
goals.
Review Environmental Review Committee: Review the
scope of the ERC.
Large 0 0 All Relevant
Commissions
and
Committees
City Manager's
Office/
Administrative
Services/
Community
Development/
Parks and
Recreation
Public
Engagement
and
Transparency
10 Shuttle Bus Pilot Program Implementation Community shuttle bus 18-month pilot program to increase connectivity throughout the City, nearby
medical locations, and Caltrain in Sunnyvale. Explore
complimentary opportunities to expand into other
cities.
Large 1,750,000 1,750,000 N/A Public Works Transportation 11 Lawrence Mitty
*Also Part of CIP
Acquire a parcel at Lawrence Expressway and Mitty
Ave for trail expansion and park development.
Complete annexation process. Development project
for Lawrence Mitty will be included in the CIP.
Programming, Outreach, & Design with outreach
expected to start by Q3 FY 21-22.
Medium 8,270,994
Available in
Developer In-Lieu
Fees
8,270,994 Parks and
Recreation
Commission
Public
Works/Parks
and Rec
Quality of Life
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
12 Development Accountability Analyze methods to limit the implementation timeline for entitled/future projects and encourage
development. Monitor implementation of
development agreements and conditions of approval.
Review and establish accountability in the project
approval process.
Medium 10,000 10,000 Planning
Commission
Community
Development
Quality of Life
13 Review and Update General Plan (GP)
and Municipal Code
1. Amend General Plan & Municipal Code & zoning
code to provide objective standards as identified in
2019/2020 evaluation. 2.Re-evaluate the Heart of the
City Specific Plan for sections of the plan that could be clarified and updated easily with objective standards.
Large 500,000 1,000,000
(Additional
amounts will
be defunded
at the end of
the year)
Planning
Commission
Community
Development
Quality of Life
14 Revamping Block Leader and
Neighborhood Watch Program
Revamping Block Leader, Neighborhood Watch
Program to encourage and allow broad participation,
and consider neighborhood councils.
- Neighborhood council members could be block
leaders or they could be appointed separately.
- Consider term limits and appointment/election
process of block neighborhood watch leaders.
Medium 1,500 1,500 N/A City Manager's
Office
Public
Engagement
and
Transparency
15 Encouraging Dark Sky Compliance Encourage compliance by existing commercial properties and other organizations, including school
sites.
Small 10,000 10,000 N/A Community
Development
Sustainability
and Fiscal
Strategy
16 City Light Transition Assessment
*Also Part of CIP
Assess the costs, benefits, and opportunities of
transitioning the City's streetlight infrastructure, and other City operated lights, from induction to LED
fixtures. LEDs would allow lights to be turned down and the assessment will evaluate the efficacy of various
color temperatures that would meet the dark sky
requirements. Review light pollution by streetlights.
Medium 50,000 50,000 N/A Public Works Sustainability
and Fiscal
Strategy
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
17 Mental Health Support Provide a dedicated webpage with resources for mental health and emphasize mental health
programming in class offerings.
Medium 10,000 10,000 N/A Parks and
Recreation
Quality of Life
18 Climate Action Plan Engage a consultant and commit staff time to developing CAP 2.0. California State law requires
addressing climate adaptation, resiliency,
transportation greenhouse gasses, and environmental
justice in the next climate action plan. One major
objective is to identify the economic and community
opportunities for Cupertino as California policy points towards neutral emissions in 2045, and net negative
emissions in subsequent years.
Large 178,000 178,000 Sustainability
Commission
City Manager's
Office
Sustainability
and Fiscal
Strategy
19 Regional Transformative Transit Projects
Initiative
Work to advance the following projects as submitted to
the Metropolitan Transportation Commission (MTC) as
Transformative Transportation Projects: 1. Stevens Creek
Corridor High Capacity Transit 2. Highway 85 Transit
Guideway 3. Silicon Valley High Capacity Transit Loop
4. Transit Update & Funding Strategies
Large TBD 0 N/A Public Works Transportation
20 Residential and Mixed Use Residential
Design Standards
Create objective design standards for residential and
mixed-use residential projects, including ensuring
adequate buffers from neighboring low-density
residential development.
Medium 240,000 240,000 Planning
Commission
Community
Development
Quality of Life
21 Study Session on Regulating Diversified
Retail Use
Identify ways to encourage retail diversity and vital
services, find creative solutions to retenant vacant
spaces and to attract independent operators.
Evaluate pros and cons of Retail Formula Ordinances in
other cities.
Medium 50,000 50,000 Planning
Commission
Community
Development
Quality of Life
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
22 Personal Preparedness Campaign Develop a personal preparedness campaign including providing personal preparedness kits to the community.
To include a revamp of the Block Leader program to
encourage membership and include a preparedness
focus.
Medium 10,000 10,000 Public Safety
Commission
City Manager's
Office
Public
Engagement
and
Transparency
23 Seismic Retrofits and Upgrades to
Existing City Hall (formerly "Investigate
Alternatives to City Hall")
* Also Part of CIP
Examine seismic retrofits, upgrades, and remodels to
existing City Hall. Remove allocations from budget to a new City Hall.
Large 500,000 500,000 N/A Public Works Sustainability
and Fiscal
Strategy
24 Vision Zero Develop a Vision Zero Policy and Action Plan. The Plan will guide policies and programs with the goal of
eliminating fatalities on Cupertino roadways. Special
emphasis will be placed on routes to, and streets
surrounding, Cupertino schools.
Medium 0 0 Bicycle
Pedestrian
Commission
Public Works Transportation
25 Municipal Water System To analyze and recommend options for the continued operation of the system currently and at the end of
lease with San Jose Water Company in November
2022.
Medium 150,000 150,000 N/A Public Works Sustainability and Fiscal
Strategy
26 Blackberry Farm Golf Course Needs
Assessment
*Also Part of CIP
Determine short-term and long-term improvements to
the golf course and amenities.
Medium 50,000 50,000 Parks &
Recreation
Commission
Parks and
Recreation
Quality of Life
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
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Priority
Order** Name Objective Project Size
Estimated Budget
(not including staff
time)
Allocated
Budget Commission Department Category
FY 2021-2022 City Work Program
27 Pilot - Adaptive Traffic Signaling Utilize the City's Traffic Management System to test impact of enhanced adaptive traffic signaling. This will be done through software modifications and/or the
addition of IOT devices such as intelligent cameras and
sensors.
Medium 275,000 275,000
(Includes
$180,000 for
operational
infrastructure
improvements
required to
facilitate this
project)
TICC Innovation
Technology
Transportation
28 Pilot - Multimodal Traffic Count Utilize the City's Traffic Management System and/or IOT equipment to provide the number of vehicles,
pedestrians and bike traffic that moved through a
given area, e.g., intersection, roadway or trail.
Medium 55,000 55,000 TICC Innovation
Technology
Transportation
29 Dogs Off Leash Area (DOLA) Identify additional areas suitable for permitting dogs to be off leash and establish one such area, if the current trial period is successful.
Small 5,000 5,000 Parks and
Recreation
Commission
Parks and
Recreation
Quality of Life
30 Roadmap Project Publish Process Flow Chart for Public Facing Online Applications.
Medium 0 0 N/A Innovation
Technology
Public
Engagement
and
Transparency
**This priority order reflects the City Council's priorities from their prioritization process but only includes items that were adopted.
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
729346 01/07/2022 Open Accounts Payable Awesome Office, Inc. $389.35 Invoice Date Description Amount
INV00428039 10/28/2021 15 Snack Swaps Box $389.35
729347 01/07/2022 Open Accounts Payable BAY AREA SELF STORAGE -
CUPERTINO
$646.00
Invoice Date Description Amount
18267 12/18/2021 Facilities - Jan 2022 Rental Storage Fees $646.00 729348 01/07/2022 Open Accounts Payable BOETHING TREELAND FARMS INC $298.73 Invoice Date Description Amount
SI-1300391 01/03/2022 Trees/ROW - Koelreuteria $298.73
729349 01/07/2022 Open Accounts Payable BROADCAST PIX, INC. $3,960.90 Invoice Date Description Amount
173127 12/30/2021 BroadcastPix 3 Chip Switcher I/O Board Upgrade GX $3,960.90 729350 01/07/2022 Open Accounts Payable CALIFORNIA WATER SERVICE $7,265.68 Invoice Date Description Amount
3333-122221 12/22/2021 5926633333 11/17/21 -12/16/21 $7,265.68 729351 01/07/2022 Open Accounts Payable CINTAS CORPORATION $2,248.82 Invoice Date Description Amount
4105343104 12/21/2021 UNIFORMS SAFETY APPAREL $1,123.66 4105990827 12/28/2021 UNIFORMS SAFETY APPAREL $1,125.16 729352 01/07/2022 Open Accounts Payable COMCAST BUSINESS
COMMUNICATIONS, LLC
$983.36
Invoice Date Description Amount
136755970 01/01/2022 Business Class Internet - Mary, Stevens Creek Dec. 2021
$983.36
729353 01/07/2022 Open Accounts Payable Community Health Charities of California
$695.00
Invoice Date Description Amount
12312021 12/31/2021 Community Health Charities pp 12/18/21-12/31/21 $695.00 729354 01/07/2022 Open Accounts Payable DEPARTMENT OF
TRANSPORTATION
$266.27
Invoice Date Description Amount
SL220464-L 11/21/2021 Pay the difference amount for invoice SL220464 $266.27 729355 01/07/2022 Open Accounts Payable ELCOR ELECTRIC $18,016.65 Invoice Date Description Amount
6930 12/14/2021 City Hall & Service Center Preventative Maint, BBF Elec Dist
$18,016.65
729356 01/07/2022 Open Accounts Payable FOSTER BROS SECURITY
SYSTEMS INC
$411.18
Invoice Date Description Amount
332475 12/27/2021 Facilities - Lockset Entrance Lever $411.18 729357 01/07/2022 Open Accounts Payable Griffin Structures Inc. $27,539.00 Invoice Date Description Amount
GSI-CTPFE-01 11/30/2021 Cupertino Torre Ave PreCon Fee Proposal $27,539.00 Monday, January 10, 2022Pages: 1 of 14user: Vi Tran
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729358 01/07/2022 Open Accounts Payable HOME DEPOT CREDIT SERVICES $2,782.41 Invoice Date Description Amount
7033843 12/01/2021 Grounds - Kevin G Key Wrench, Screw Driver, Wrench Set
$377.55
6033948 12/02/2021 Streets - Daniel B Roller, Caulk Gun $204.46 6322313 12/02/2021 Grounds - Brandon M Nozzle, Hose $78.12 7524934 12/01/2021 Facilities - Richard Banda Laminate, Finish $164.68 6611850 12/02/2021 Facilities - Domingo S Wet Patch $114.93 2513990 12/06/2021 Grounds - Travis Warner Rust Gloss, Black Diamond $31.64 1322661 12/07/2021 Grounds - Sean Filbeck Tapcon $54.51 9394528 12/09/2021 Grounds - Paul S Stakes $43.64
322749 12/08/2021 Streets - Jerry A Memorial Park Lights Couplings $5.25 1611613 12/17/2021 Facilities - Ty B Light Switch $68.93 1611602 12/17/2021 Facilities - Ty B Paint Supplies $79.12 7360306 12/21/2021 Grounds - Travis Warner Multi Tool $457.19 1613358 12/07/2021 Fleet - Cesar G Cap Screw $35.92
1323485 12/17/2021 Fleet - Ika P Power Inverter $65.60
4035753 12/14/2021 Fleet - Andrew S ABS Reducer $87.37
7360305 12/21/2021 Grounds - Travis W Tools $599.63
1515259 12/27/2021 Facilities - Domingo S Adapter, Faucet Grease $68.17 2093901 12/16/2021 Facilities - David Newill Mixing Container $3.81 7525009 12/01/2021 Facilities - David Newill Broom, Mouse/Rat Trap $116.52 2520998 12/06/2021 Facilities - David Newill Countersink $125.37 729359 01/07/2022 Open Accounts Payable INTERSTATE BATTERY SYSTEM SAN JOSE INC.
$603.87
Invoice Date Description Amount
60286896 12/14/2021 Fleet - MTP-48/H6 $123.72
60286584 12/02/2021 Fleet - MTP-90/T5 $237.62
60286895 12/14/2021 Fleet - MTP-48/H6, MTP-78DT $242.53 729360 01/07/2022 Open Accounts Payable KELLY-MOORE PAINT CO INC $410.51 Invoice Date Description Amount
808-00000832191 12/21/2021 Facilities - City Hall Painting Supplies $410.51 729361 01/07/2022 Open Accounts Payable M.T. TIRE SERVICE $150.00 Invoice Date Description Amount
18175 12/20/2021 Fleet - Service Call Veh# 430 $150.00
729362 01/07/2022 Open Accounts Payable Matrix HG, Inc. $1,269.34 Invoice Date Description Amount
154239 12/09/2021 Facilities City Hall Air Compressor $611.00 153180 11/10/2021 Facilities - Sports Center Gas Leaking Out of Ignitor $658.34 729363 01/07/2022 Open Accounts Payable MICHELE WESTLAKEN $192.50 Invoice Date Description Amount
010322 01/03/2022 Feldenkrais (11.30-12.21) 11 Students $192.50 729364 01/07/2022 Open Accounts Payable MING FEN LEE $277.20 Invoice Date Description Amount
010322 01/03/2022 Chinese Brush Painting (11.29-12.20) 11 Students $277.20 Monday, January 10, 2022Pages: 2 of 14user: Vi Tran
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729365 01/07/2022 Open Accounts Payable NAPA AUTO PARTS #388 $32.96 Invoice Date Description Amount
656245 12/01/2021 Fleet - Spark Plug $5.49
656214 11/30/2021 Fleet - Spark Plug $27.47
729366 01/07/2022 Open Accounts Payable O'REILLY AUTO PARTS $173.10 Invoice Date Description Amount
2591-181892 12/16/2021 Fleet - PCV Valve $12.88
2591-180424 12/09/2021 Fleet - Belt, Drivealign, Tensioner $160.22 729367 01/07/2022 Open Accounts Payable Operating Engineer #3 $1,492.54 Invoice Date Description Amount
12312021 12/31/2021 Union Dues pp 12/18/21-12/31/21 $1,492.54 729368 01/07/2022 Open Accounts Payable ORLANDI TRAILER $225.95 Invoice Date Description Amount
203909 12/13/2021 Fleet - 7 Pin RV Cord $225.95
729369 01/07/2022 Open Accounts Payable PACIFIC COAST TRANE SERVICE $2,996.87 Invoice Date Description Amount
S110434 12/17/2021 Facilities - Replaced Faulty MP580 $2,996.87 729370 01/07/2022 Open Accounts Payable PACIFIC GAS & ELECTRIC $102,366.16 Invoice Date Description Amount
1715-032321 03/23/2021 4993063171-5 02/17/21-03/17/2021 $17,009.97 1715-072221 07/22/2021 4993063171-5 06/17/21-07/16/21 $17,010.69 1715-082321 08/23/2021 4993063171-5 071721-081721 $17,077.48 1715-092721 09/27/2021 4993063171-5 08/18/21-09/16/21 $17,064.34 1715-112321 11/23/2021 4993063171-5 10/16/21-11/15/21 $17,086.46 1715-122221 12/22/2021 4993063171-5 11/16/21-12/15/21 $17,117.22 729371 01/07/2022 Open Accounts Payable PAUL SAPUDAR $110.00 Invoice Date Description Amount
PaulS121421 12/14/2021 Cell Phone Reimbursement - Paul S 11-15-21 to 12-14 -21
$55.00
PaulS111421 11/14/2021 Cell Phone Reimbursement - Paul S 10-15-21 to 11-14 -21
$55.00
729372 01/07/2022 Open Accounts Payable PG&E $44,577.86 Invoice Date Description Amount
6480-040121 04/01/2021 5587684648-0 02/25/21 -03/25/2021 $614.75 6480-080221 08/02/2021 5587684648-0 6/25/21-07/26/21 $920.99 6480-090221 09/02/2021 5587684648-0 7/27 - 8/25/21 $993.92 6480-100121 10/01/2021 5587684648-0 8/26/21- 9/26/21 $1,037.33 6480-120221 12/02/2021 5587684648-0 10/26/21-11/23/21 $642.29 6480-123021 12/30/2021 5587684648-0 11/24/21 - 12/23/21 $621.97 Import - 889802 11/01/2021 110659172 -N De Anza 455FT S/O Mariani Dr, Irrig Control
$12.50
Import - 889803 11/01/2021 110958527 -Randy Lane & Larry Way- Streetlights $52.26 Import - 889804 11/01/2021 114315284 116367325 -21975 San Fernando Ave, Picnic Area
$2,350.30
Import - 889805 11/01/2021 114321565 116367416 -22601 Voss Ave $295.20 Import - 889806 11/01/2021 116367001 -E27H4 Wolfe and Rte 280 NB Loc A $45.52 Import - 889807 11/01/2021 116367013 -11370- 112017763 S Stelling Rd, Irrigation Control
$14.86
Monday, January 10, 2022Pages: 3 of 14user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/1/2022 - To Payment Date: 1/7/2022 87 CC 03-15-2022
87 of 293
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 889808 11/01/2021 116367025 -De Anza and Lazaneo, Traffic Signal $69.94 Import - 889809 11/01/2021 111736580 SF Cupertino 075 $3.07 Import - 889810 11/01/2021 116367035 -De Anza Blvd and Mariani, Traffic Signal/Safety Lts
$86.02
Import - 889811 11/01/2021 116644889 - Pruneridge Ave Pole $5.33 Import - 889813 11/01/2021 116367044 - 10555 Mary Ave NEM $39.75 Import - 889814 11/01/2021 116367045 -De Anza Blvd and Hwy 280 S/Ramp, Traffic Signal
$83.68
Import - 889815 11/01/2021 116367050 -NW Corner Stevens Crk, Traffic Signals $72.66 Import - 889816 11/01/2021 116367055 -Saich Wy and Stevens Crk NE Corner, Traffic Signal
$59.97
Import - 889817 11/01/2021 116367060 -E37R0 Stevens Creek and De Anza Blvd, Traffic Signal
$88.42
Import - 889818 11/01/2021 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler Control
$10.39
Import - 889819 11/01/2021 116367067 -Stonydale Dr and Varian Park, walkway lighting and Ir
$113.22
Import - 889820 11/01/2021 116367070 -Stevens Creek and Blaney Ave., Traffic Signal
$37.80
Import - 889821 11/01/2021 116367071 -Linda Vista Dr / Hillside Park, Hillside Park $24.47 Import - 889822 11/01/2021 116367075 -Vallco Pkwy and Perimeter Rd., Traffic Signals
$59.27
Import - 889823 11/01/2021 116367085 -N/E Vallco and Finch, Landscape Controller
$61.46
Import - 889824 11/01/2021 1110161867 - Wolfe Rd @ Apple Campus Driveway $59.95 Import - 889825 11/01/2021 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $95.95 Import - 889826 11/01/2021 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic Signal
$75.20
Import - 889827 11/01/2021 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $132.95 Import - 889828 11/01/2021 116367110 -SW Cor Stevens Crk and Portal, Traffic Signal
$73.25
Import - 889829 11/01/2021 116367113 -Miller E/S 100N off Calle De Barcelona $65.49 Import - 889830 11/01/2021 116367115 -Stevens Crk and Perimeter Rd, Traffic Control Signal
$77.91
Import - 889831 11/01/2021 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $79.45 Import - 889832 11/01/2021 116367125 -Stevens Crk and Tantau, Traffic Signals $73.34 Import - 889833 11/01/2021 116367130 -NW Corner Steven Crk and Torre, Traffic Signal
$69.94
Import - 889834 11/01/2021 116367145 -10300 Torre Ave, City Hall $7,570.44 Import - 889835 11/01/2021 116367150 -Homestead and Wolfe Road, Sunnyvale $79.53 Import - 889837 11/01/2021 116367155 -Homestead and Blaney, Cupertino Traffic Signal, Sunny
$56.07
Import - 889838 11/01/2021 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control and Traffic S
$84.20
Import - 889839 11/01/2021 116367170 -Tantau Ave and Tandem D/W, Traffic Signal
$74.63
Import - 889840 11/01/2021 116367171 -10155 Barbara Ln, Irrigation and Scoreboard
$105.15
Import - 889841 11/01/2021 116367175 -S/E Corner Pruneridge and Tantau, Traffic Controller
$67.12
Import - 889842 11/01/2021 116367180 -Finch and Stevens Creek, Traffic Signals $72.73 Monday, January 10, 2022Pages: 4 of 14user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/1/2022 - To Payment Date: 1/7/2022 88 CC 03-15-2022
88 of 293
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 889845 11/01/2021 116367185 -Wolfe Rd 500 Ft S/O Homestead, City/Sign Lighting
$39.31
Import - 889846 11/01/2021 116367195 -Corner Miller and Phil Ln, Traffic Signal $58.92 Import - 889847 11/01/2021 116367200 -Homestead and De Anza Blvd, Traffic Signal/Dept Pub W
$88.21
Import - 889848 11/01/2021 116367205 -Homestead Rd and Franco Ct, Traffic Signals
$52.33
Import - 889849 11/01/2021 116367215 -N/Ramp De Anza Blvd, Traffic Signal $72.73 Import - 889850 11/01/2021 116367220 -Homestead Rd and Bluejay Rd, Traffic Signals
$61.24
Import - 889851 11/01/2021 116367225 -WS Portal Btw Amhurst-Wheaton , Portal Prk Ltg, Prk L
$154.39
Import - 889852 11/01/2021 116367236 -Stelling Rd Median 450' S/O Stevens Crk, Landscape Ir
$11.24
Import - 889853 11/01/2021 116367245 -Stevens Creek Blvd and Janice Ave, Sprinkler Control
$15.97
Import - 889854 11/01/2021 116367255 -Lucille and Villa De Anza, Sprinkler Control
$398.75
Import - 889855 11/01/2021 116367269 -COR/LUCILLE & RANDY LN $10.94 Import - 889857 11/01/2021 116367274 -1170 Yorkshire Dr. $9.72 Import - 889858 11/01/2021 116367275 -Homestead and Tantau, Cupertino Traffic Signal, Sunny
$18.52
Import - 889859 11/01/2021 116367280 -Stevens Creek Blvd and Fwy 85 East Ramp, Traffic Sign
$75.54
Import - 889860 11/01/2021 116971849 -21111 Stevens Creek Blvd, Sports Center $6,579.12 Import - 889861 11/01/2021 116971849 -21111 Stevens Creek Blvd, Teen Center $375.00 Import - 889862 11/01/2021 116367290 -Stevens Creek and Mary Ave, Traffic Signals
$90.72
Import - 889866 11/01/2021 116367332 -821 Bubb Rd #B/Building Concession $36.58 Import - 889869 11/01/2021 116367357 -N De Anza 188 FT N/Valley Green Dr, Irrig Controller
$15.15
Import - 889870 11/01/2021 116367359 -Homestead and Heron, traffic control svc $45.85 Import - 889871 11/01/2021 116367360 -10300 Aninworth Dr, Ball Park Stevens Creek SV
$9.83
Import - 889872 11/01/2021 116367370 -Stevens Creek Blvd and Fwy 85 West Ramp, Traffic Sign
$14.29
Import - 889873 11/01/2021 116367375 -10710 Stokes Ave, Somerset Park $39.21 Import - 889875 11/01/2021 116367385 -End/Stokes W/Wilson Crt, Sprinkler Control
$12.00
Import - 889876 11/01/2021 116367395 -N/E corner Foothill and Starling Dr, Traffic Signals
$58.69
Import - 889877 11/01/2021 116367401 -Miller W/S N of Greenwood $17.46 Import - 889878 11/01/2021 116367408 -Stevens Creek Bl and Mary Avenue, Memorial Park Pump
$68.49
Import - 889880 11/01/2021 116367437 -10455 Miller Ave, Creekside Park $317.33 Import - 889882 11/01/2021 116367447 -Stelling Rd Median 500' S/O Peppertree Ln, Landscape
$23.60
Import - 889883 11/01/2021 116367449 -10350 Torre Ave, Community Hall $2,030.93 Import - 889884 11/01/2021 116367455 -E37R9 Rodriguez and De Anza Blvd, Traffic Signal
$76.53
Import - 889885 11/01/2021 116367465 -De Anza Blvd and Scofield Dr, Sprinkler Controller
$11.61
Monday, January 10, 2022Pages: 5 of 14user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/1/2022 - To Payment Date: 1/7/2022 89 CC 03-15-2022
89 of 293
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 889887 11/01/2021 116367474 -10500 Ann Arbor Ave, Field-Garden Gate $87.63 Import - 889888 11/01/2021 116367475 -Foothill and Stevens Creek, Traffic Signal $64.43 Import - 889889 11/01/2021 116367476 -Salem Ave and Foothill Blvd, Irrigation Control
$9.53
Import - 889890 11/01/2021 116367477 -21121 Stevens Creek Blvd, Memorial Park $1,532.73 Import - 889891 11/01/2021 116367484 -20220 Suisun Dr, Parks and Rec Free Standing Panel
$99.88
Import - 889892 11/01/2021 116367493 -Dumas Dr/Jollyman Park, Jollyman Park Restroom
$401.41
Import - 889893 11/01/2021 116367505 -Stevens Crk and Stelling, Signal $46.27 Import - 889894 11/01/2021 116367510 -Bubb Rd and Results Wy, Traffic Signal $113.48 Import - 889895 11/01/2021 116367515 -Bubb Rd and McClellan Intersection, Traffic Signal
$19.20
Import - 889896 11/01/2021 116367520 -Stelling Rd and Peppertree, Traffic Signal $72.92 Import - 889897 11/01/2021 116367525 -Stelling and McClellan, Signals $78.67 Import - 889898 11/01/2021 116367527 -Foothill Blvd 200' N/O Stevens Creek W/S, Irrigation
$9.56
Import - 889899 11/01/2021 116367530 -Orange Ave and Stevens Creek N/E corner, Traffic Cont
$47.65
Import - 889900 11/01/2021 (Old116367536) ESP113428799 -Senior Center 21251 Stevens Creek B
$3,448.19
Import - 889901 11/01/2021 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $65.91 Import - 889902 11/01/2021 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85, Traffic Signal
$72.37
Import - 889903 11/01/2021 116367559 -21011 Prospect Rd, Irrigation Control $9.54 Import - 889904 11/01/2021 116367560 -S/E corner De Anza and Pacifica, Traffic Signal
$69.96
Import - 889906 11/01/2021 116367570 -De Anza Blvd, Sprinkler Controller * $11.61 Import - 889907 11/01/2021 116367585 -Rainbow and Stelling, Traffic Signal $66.96 Import - 889908 11/01/2021 116367587 -10430 S De Anza Blvd, Holiday Lighting $39.14 Import - 889909 11/01/2021 116367590 -Saratoga Sunnyvale Rd and Hwy 85, Traffic Signal
$60.78
Import - 889910 11/01/2021 116367605 -E37C1 Prospect and Rte 85, Traffic Signal $71.04 Import - 889911 11/01/2021 116367610 -E37R6 Kentwood/S. De Anza Blvd, Traffic Signal
$68.93
Import - 889912 11/01/2021 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic Signal
$71.28
Import - 889913 11/01/2021 116367620 -S De Anza Blvd and Sharon Dr , Irrigation Controller
$19.74
Import - 889914 11/01/2021 116367625 -Stevens Creek Blvd Orange S/W Cor, Irrigation Control
$9.53
Import - 889915 11/01/2021 116367628 -N/W corner Alpine Dr and Foothill Blvd, Irrigation Co
$9.66
Import - 889916 11/01/2021 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $234.09 Import - 889917 11/01/2021 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation Control
$135.59
Import - 889918 11/01/2021 116367656 -Scofield and De Anza, 100HP $11.42 Import - 889919 11/01/2021 116367677 -De Anza and Lazaneo, Sprinkler System $9.57 Import - 889920 11/01/2021 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler Control
$91.86
Monday, January 10, 2022Pages: 6 of 14user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/1/2022 - To Payment Date: 1/7/2022 90 CC 03-15-2022
90 of 293
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 889921 11/01/2021 116367740 -Carmen Rd and Stevens Creek S/E corner, Irrigation Co
$9.53
Import - 889922 11/01/2021 116367044 -10555 Mary Ave, Corp Yard $24.39 Import - 889923 11/01/2021 116367763 -10630 S De Anza Blvd, Holiday Lighting $44.77 Import - 889924 11/01/2021 116367782 -N/S Stevens Creek Blvd in front of 20301, Irrigation
$9.53
Import - 889925 11/01/2021 116367793 -101 Skyport Dr, DG A, San Jose, PGandE-Owned St/Highw
$669.26
Import - 889926 11/01/2021 116367815 -19784 Wintergreen Dr $395.67 Import - 889928 11/01/2021 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler Control
$9.56
Import - 889929 11/01/2021 116367840 -10185 N Stelling RD $7,580.48 Import - 889930 11/01/2021 116367902 -10246 Parkside Ln, Wilson Pk Sprinklers,Snack Shack,I
$346.51
Import - 889931 11/01/2021 116367907 -S/W Corner Stelling and Green leaf, Traffic Signal
$66.56
Import - 889933 11/01/2021 116367925 -22601 Voss Ave, Outdoor Lighting-MV Park
$20.90
Import - 889934 11/01/2021 116367941 -7548 Donegal Dr, Irrigation Control /Hoover Park
$9.80
Import - 889935 11/01/2021 116367988 -21710 McClellan Rd, Playground Reception Area
$9.53
729373 01/07/2022 Open Accounts Payable RODAN BUILDERS, INC. $512,763.00 Invoice Date Description Amount
8C 10/31/2021 Library Expansion Construction Phase through
10.31.21 $512,763.00
729374 01/07/2022 Open Accounts Payable RPM EXTERMINATORS INC $1,050.00 Invoice Date Description Amount
0090885 11/19/2021 Facilities - Nov 2020 Change Bait $1,050.00 729375 01/07/2022 Open Accounts Payable SAN JOSE WATER COMPANY $750.54 Invoice Date Description Amount
Import - 889800 12/01/2021 1649600000-7 - Barrington Bridge Lane $477.75 Import - 889801 11/22/2021 2958510000-0 - 10555 Mary Ave. $272.79 729376 01/07/2022 Open Accounts Payable SAN JOSE WATER COMPANY $1,256.00 Invoice Date Description Amount
FIP#21-150 11/12/2021 Trees/ROW - Alhambra Ave Irrigation Service $1,256.00 729377 01/07/2022 Open Accounts Payable Site5 $19.95
Invoice Date Description Amount
3620775 12/27/2021 Domain Renewal - cupertinolibrary.org - 02/10/22 - 02/09/23
$19.95
729378 01/07/2022 Open Accounts Payable SRIXON/CLEVELAND GOLF/XXIO $1,231.40 Invoice Date Description Amount
6721875 SO 12/29/2021 golf balls to sell in pro shop $700.40 6715256 SO 12/20/2021 golf balls to sell in pro shop $531.00 729379 01/07/2022 Open Accounts Payable T-MOBILE USA INC. $113.39 Invoice Date Description Amount
4158 - 122121 12/21/2021 966 594 158 - 12/21/21 $113.39 Monday, January 10, 2022Pages: 7 of 14user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/1/2022 - To Payment Date: 1/7/2022 91 CC 03-15-2022
91 of 293
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729380 01/07/2022 Open Accounts Payable THE STATE BAR OF CALIFORNIA $1,130.00 Invoice Date Description Amount
235108 01/05/2022 2022 State Bar Dues, CDJ 235108 $615.00 158281 01/05/2022 2022 State Bar Dues, MKTWoo 158281 $515.00 729381 01/07/2022 Open Accounts Payable TIM COLVIN $1,600.00 Invoice Date Description Amount
2021-12 12/21/2021 DMPS firmware update; Configured Biamp servers; Test Zoom
$1,600.00
729382 01/07/2022 Open Accounts Payable TURF & INDUSTRIAL EQUIPMENT CO.
$35.99
Invoice Date Description Amount
IV41057 12/14/2021 Fleet - Pleated hose $35.99
729383 01/07/2022 Open Accounts Payable ULINE $7,318.07 Invoice Date Description Amount
143243957 12/29/2021 Trees/ROW - Cabinet Workbench, Storage Cabinet $7,318.07 729384 01/07/2022 Open Accounts Payable UNITED SITE SERVICES INC. $492.71 Invoice Date Description Amount
114-12701722 12/21/2021 Trees/ROW - Service Center WWP Bathrooms $492.71 729385 01/07/2022 Open Accounts Payable WEST-LITE SUPPLY CO INC $1,406.63 Invoice Date Description Amount
84295H 12/15/2021 Streets - Battery Recycle, CFL Lamps $1,406.63 729386 01/07/2022 Open Accounts Payable AZARI, FARIBA $10,000.00 Invoice Date Description Amount
271659 01/03/2022 1 INFINITE LOOP, ENCROACHMENT, 271659 $10,000.00 729387 01/07/2022 Open Accounts Payable HSU, TRACY $5,000.00 Invoice Date Description Amount
269354 01/03/2022 7467 HEATHERWOOD DR, ENCROACHMENT,
269354
$5,000.00
729388 01/07/2022 Open Accounts Payable Liang, Janet $35.00 Invoice Date Description Amount
Liang122221 12/22/2021 Live Scan and Fingerprinting Reimbursement $35.00 729389 01/07/2022 Open Accounts Payable RAUL MARTINEZ $317.78 Invoice Date Description Amount
304335 01/05/2022 REFUND 10210 LEBANON DR BLD-2021-2516
WITHDRAWN
$317.78
729390 01/07/2022 Open Accounts Payable SHEW, FRANK $108,000.00 Invoice Date Description Amount
275153 01/03/2022 11255 Mount Crest Pl, Encroachment, 275153 $108,000.00 Type Check Totals: 45 Transactions $872,902.67
EFT
33326 01/03/2022 Open Accounts Payable SQUARE, INC. $70.00 Invoice Date Description Amount
Square01012022 01/01/2022 Square Billing Period 01/01/2022-02/01/2022 $70.00 Monday, January 10, 2022Pages: 8 of 14user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/1/2022 - To Payment Date: 1/7/2022 92 CC 03-15-2022
92 of 293
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33327 01/07/2022 Open Accounts Payable California Public Employees' Retirement System
$1,206.24
Invoice Date Description Amount
100000016655491 12/17/2021 2022 Replacement Charges for City of Cupertino $1,206.24 33332 01/07/2022 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount
12312021 12/31/2021 Colonial Products pp 12/18/21-12/31/21 $29.16 33333 01/07/2022 Open Accounts Payable Employment Development $11,179.74 Invoice Date Description Amount
12312021 12/31/2021 State Disability Insurance pp 12/18/21-12/31/21 $11,179.74 33334 01/07/2022 Open Accounts Payable National Deferred (ROTH) $5,106.93 Invoice Date Description Amount
12312021 12/31/2021 Nationwide Roth pp 12/18/21-12/31/21 $5,106.93 33335 01/07/2022 Open Accounts Payable National Deferred Compensatin $55,204.88 Invoice Date Description Amount
12312021 12/31/2021 Nationwide Deferred Compensation pp 12/18/21- 12/31/21
$55,204.88
33336 01/07/2022 Open Accounts Payable PERS-457K $34,589.03 Invoice Date Description Amount
12312021 12/31/2021 PERS pp 12/18/21-12/31/21 $34,589.03 33337 01/07/2022 Open Accounts Payable State Disbursement Unit $254.30 Invoice Date Description Amount
12312021 12/31/2021 Child Support pp 12/18/21-12/31/21 $254.30 33338 01/07/2022 Open Accounts Payable California Public Employees' Retirement System
$373,277.77
Invoice Date Description Amount
7158-121421 12/14/2021 Health Premiums 12/14/2021 $373,277.77 33339 01/07/2022 Open Accounts Payable ABAG POWER- ASSOCIATION OF
BAY AREA GOVERNMENTS
$2,400.89
Invoice Date Description Amount
AR027357 01/01/2022 FY22 Levalized Charge- Net Gas $2,400.89 33340 01/07/2022 Open Accounts Payable ALL CITY MANAGEMENT
SERVICES
$14,878.75
Invoice Date Description Amount
73864 12/15/2021 Crossing Guard Services from 11282021-12112021 $14,878.75 33341 01/07/2022 Open Accounts Payable Amazon Capital Services $1,139.58 Invoice Date Description Amount
1TKQ-KXPY-H39W 12/27/2021 Michael CAO - Selfie Ring Light LED Selfie Light Portable Clip-o
$13.02
1XG4-FQHJ-JJYC 12/27/2021 Phoenix DR site Bose QuietComfort 45 Wireless headset mic
$301.60
131X-P7GG-9FKM 01/03/2022 Anker USB C Cable 100W 10ft, New Nylon USB C to $66.54 1CJ4-DCQR-7VHQ 01/03/2022 2930F-24G-POE 4SFP Switch ( Wilson Park Network Switch)
$758.42
Monday, January 10, 2022Pages: 9 of 14user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/1/2022 - To Payment Date: 1/7/2022 93 CC 03-15-2022
93 of 293
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33342 01/07/2022 Open Accounts Payable AMAZON WEB SERVICES, INC. $2,356.83 Invoice Date Description Amount
933044953 01/02/2022 AWS - Dec. 2021 Applications $1,481.42 930445013 01/02/2022 AWS - Dec. 2021 GIS $875.41
33343 01/07/2022 Open Accounts Payable ANDERSON'S TREE CARE
SPECIALISTS, INC
$24,906.00
Invoice Date Description Amount
14995 09/30/2021 Grounds - Pear Tree Removal at QCC $12,960.00 15346 01/03/2022 Grounds - BBF Pine Beetle Suppression $11,946.00 33344 01/07/2022 Open Accounts Payable ANNA TANG-SAM $202.80 Invoice Date Description Amount
CALPELRA2021 12/08/2021 Travel Reimnusement - CALPELRA 2021 $202.80 33345 01/07/2022 Open Accounts Payable Ayano Hattori $85.00 Invoice Date Description Amount
AyanoH12202021 12/20/2021 Credential Renewal Green Business Certification $85.00 33346 01/07/2022 Open Accounts Payable BANG THE TABLE USA, LLC $22,000.00 Invoice Date Description Amount
INV-0826 12/16/2021 EngagementHQ Unlimited License 16 DEC 2021 - 15 DEC 2022
$22,000.00
33347 01/07/2022 Open Accounts Payable BANNER BANK $26,987.53 Invoice Date Description Amount
10-Ret 10/31/2021 Library Expansion Design/Build Retention Payment #10
$26,987.53
33348 01/07/2022 Open Accounts Payable BIKEEP INC. $49.00 Invoice Date Description Amount
17803 12/31/2021 Monthly Bikeep Fee $49.00
33349 01/07/2022 Open Accounts Payable CALLANDER ASSOCIATES
LANDSCAPE ARCHITECTURE
$1,946.04
Invoice Date Description Amount
21049-4 12/30/2021 Creekside Park ADA Improvements through 11302021 $1,946.04 33350 01/07/2022 Open Accounts Payable CLEARBLU ENVIRONMENTAL $622.61 Invoice Date Description Amount
26527 12/27/2021 Streets - Dec 2021 Haz Mat Services $622.61 33351 01/07/2022 Open Accounts Payable CYXTERA COMMUNICATIONS LLC $806.67 Invoice Date Description Amount
B1-2250503 01/01/2022 FY22 Colocation Services - February 2022 $806.67 33352 01/07/2022 Open Accounts Payable Eflex Group, Inc $4,223.89 Invoice Date Description Amount
12312021 12/31/2021 FSA Employee Health pp 12/18/21-12/31/21 $4,223.89 33353 01/07/2022 Open Accounts Payable Evelyn Moran $2,000.00 Invoice Date Description Amount
Moran8102021 08/10/2021 Tuition Reimbursement for Fall 2021 $2,000.00 Monday, January 10, 2022Pages: 10 of 14user: Vi Tran
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33354 01/07/2022 Open Accounts Payable EWING IRRIGATION PRODUCTS, INC.
$344.33
Invoice Date Description Amount
15784525 12/09/2021 Grounds - 910 Carson Green Lid Only $344.33 33355 01/07/2022 Open Accounts Payable GEOTAB USA, INC. $2,637.50 Invoice Date Description Amount
IN293675 12/31/2021 Region 1 (USA): Asset tracker & ProPlus Plan $2,637.50 33356 01/07/2022 Open Accounts Payable GIULIANI & KULL - SAN JOSE, INC. $490.00 Invoice Date Description Amount
16782 11/30/2021 Westport PM Review through 100121-103121 $490.00 33357 01/07/2022 Open Accounts Payable GRACE DUVAL $190.40 Invoice Date Description Amount
010322 01/03/2022 Zumba Gold - Zoom (12.8-12.22) 17 students $190.40 33358 01/07/2022 Open Accounts Payable GRAINGER INC $939.19 Invoice Date Description Amount
9161403309 12/27/2021 Facilities - Fuse $172.32
9161403283 12/27/2021 Facilities - V-Belt $105.51
9161403291 12/27/2021 Facilities - V-Belt $58.92
9154032776 12/16/2021 Facilities - Gloves $122.90
9150465756 12/14/2021 Streets - Grate Hook, Grain Scoop, Bypass Looper $479.54 33359 01/07/2022 Open Accounts Payable GRANICUS, LLC $1,418.16 Invoice Date Description Amount
146932 12/26/2021 Govt Transparency & Mtg Efficiency Suite 12/26/ - 1/25/22
$1,418.16
33360 01/07/2022 Open Accounts Payable ICMA Retirement Trust-457 $14,535.53 Invoice Date Description Amount
12312021 12/31/2021 ICMA Deferred Comp pp 12/18/21-12/31/21 $14,535.53 33361 01/07/2022 Open Accounts Payable IFPTE LOCAL 21 $1,793.81 Invoice Date Description Amount
12312021 12/31/2021 Association Dues - CEA pp 12/18/21-12/31/21 $1,793.81 33362 01/07/2022 Open Accounts Payable IMPEC GROUP INC,. $63,113.31 Invoice Date Description Amount
2112130 12/31/2021 Facilities - Library Weekend Dec 2021 $1,643.26 2112225 12/31/2021 Facilities - Linda Vista Trail Lock Dec 2021 $760.41 2112129 12/31/2021 Facilities - Dec 2021 Janitorial Services $60,709.64 33363 01/07/2022 Open Accounts Payable IMPERIAL SPRINKLER SUPPLY, INC
$700.07
Invoice Date Description Amount
4936247-00 12/15/2021 Streets - Flex Leaf Rake $130.84
4932012-00 12/20/2021 Trees/ROW - PVC, Valve $569.23
33364 01/07/2022 Open Accounts Payable KEVIN GREENE $55.00 Invoice Date Description Amount
KevinG121821 12/18/2021 Cell Phone Reimbursement - Kevin G 11-19-21 to 12- 18-21
$55.00
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33365 01/07/2022 Open Accounts Payable MARIELA VARGAS $126.84 Invoice Date Description Amount
CALPELRA2021 12/08/2021 Travel Reimbursement - CALPELRA 2021 $126.84 33366 01/07/2022 Open Accounts Payable OFFICE DEPOT, INC. $123.93 Invoice Date Description Amount
206027989001 11/05/2021 AA Batteries $55.76
208444044003 12/06/2021 Office Supplies - tape $18.49
210883050001 11/18/2021 Pens, Sheet Protectors & Creamer - Code Enforcement
$49.68
33367 01/07/2022 Open Accounts Payable OMEGA INDUSTRIAL SUPPLY, INC. $1,207.61 Invoice Date Description Amount
141575 12/13/2021 Fleet - Scent Appeal Beads $413.54
141522 12/12/2021 Grounds - Wipes, Aluminum, Muscleman $794.07 33368 01/07/2022 Open Accounts Payable PARS/City of Cupertino $1,501.85 Invoice Date Description Amount
12312021 12/31/2021 PARS Employee pp 12/18/21-12/31/21 $1,501.85 33369 01/07/2022 Open Accounts Payable PLAN JPA $6,598.00 Invoice Date Description Amount
PLAN-2021-809 12/27/2021 General Liability Claims - November 2021 $6,598.00 33370 01/07/2022 Open Accounts Payable Raaymakers , John $49.86 Invoice Date Description Amount
JohnR12192021 12/19/2021 Cell Phone Reimbursement through 112021-121921 $49.86 33371 01/07/2022 Open Accounts Payable RECOLOGY SOUTH BAY $57,172.67 Invoice Date Description Amount
DEC-21 RY1 12/31/2021 City Payment per FA Rate Year 2/1/21- 1/31/22- December 2021
$57,172.67
33372 01/07/2022 Open Accounts Payable REDWOOD ENGINEERING
CONSTRUCTION
$48,603.54
Invoice Date Description Amount
10, 2020-13 12/20/2021 Regnart Creek Trail Project through November 2021 $48,603.54 33373 01/07/2022 Open Accounts Payable RS Dislay, Inc. $6,503.85 Invoice Date Description Amount
2280 12/22/2021 Grounds - Hoover Park and Portal Park Signs $6,503.85 33374 01/07/2022 Open Accounts Payable Ryan Do $165.00
Invoice Date Description Amount
RyanD11092021 11/09/2021 Cell Phone Reimbursement for November 2021 $55.00 RyanD10092021 10/09/2021 Cell Phone Reimbursement for October 2021 $55.00 RyanD12092021 12/09/2021 Cell Phone Reimbursement for December 2021 $55.00 33375 01/07/2022 Open Accounts Payable Sedgwick Claims Management Services, Inc.
$2,297.42
Invoice Date Description Amount
400000081293 01/03/2022 1/01/2022 - 1/31/2022 Workers' Compensation Claims $2,297.42 33376 01/07/2022 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP
$150.00
Invoice Date Description Amount
275256 12/20/2021 Legal Services, November 2021 $150.00 Monday, January 10, 2022Pages: 12 of 14user: Vi Tran
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Number Date Status Void Reason
Reconciled/
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Reconciled
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33377 01/07/2022 Open Accounts Payable SOFTWAREONE, INC. $2,599.50 Invoice Date Description Amount
US-PSI-1133815 12/21/2021 8x PowerPlan & 1x Power Automate Licenses $2,599.50 33378 01/07/2022 Open Accounts Payable SONITROL/PACIFIC WEST SECURITY, INC.
$235.00
Invoice Date Description Amount
56612 12/28/2021 Facilities - Trip Charge/Service Call $235.00 33379 01/07/2022 Open Accounts Payable SUNNYVALE FORD $303.28 Invoice Date Description Amount
CM196870 12/16/2021 Fleet - Credit for Invoice# 196870 ($873.00) 198027 12/01/2021 Fleet - Battery, Core $129.60
198463 12/09/2021 Fleet - Seal 1HV $27.83
198717 12/20/2021 Fleet - Bolt, Nut $136.36
198428 12/10/2021 Fleet - Stud, Insulat, Hose $276.88
198309 12/08/2021 Fleet - Seal, Hose, Bolt, Nut, Tube $605.61 33380 01/07/2022 Open Accounts Payable THERMAL MECHANICAL, INC. $17,965.01 Invoice Date Description Amount
82997 09/29/2021 Facilities - City Hall Basement Level Zone Control Repairs
$6,840.01
83568 11/30/2021 Facilities - Basement Level Air Balancing Following Cntrl Repair
$11,125.00
33381 01/07/2022 Open Accounts Payable TOAN QUACH $81.75 Invoice Date Description Amount
ToanQ122721 12/27/2021 Toan - Phoenix DR Site visit 12/2/21 $81.75 33382 01/07/2022 Open Accounts Payable Toni Oasay-Anderson $177.30 Invoice Date Description Amount
CALPELRA2021 01/05/2022 Travel Reimbursement - CALPELRA 2021 $177.30 33383 01/07/2022 Open Accounts Payable TREESTUFF $206.23 Invoice Date Description Amount
INV-708607 12/29/2021 Trees/ROW - Twister Aluminum Carabiner $41.24 INV-708801 12/30/2021 Trees/ROW - Climbing Line Hank, Two Tight Eyes $164.99 33384 01/07/2022 Open Accounts Payable WEST VALLEY COMMUNITY SVCS AGENCY
$14,305.81
Invoice Date Description Amount
HTHJPPNOV2021 11/01/2021 Homeless Jobs Program 2021/11 $14,305.81 33385 01/07/2022 Open Accounts Payable Zoom Video Communications, Inc. $286.72 Invoice Date Description Amount
INV124125629 12/22/2021 Zoom Webinar 1000 -Dec 22, 2021-Jan 21, 2022 $286.72 Type EFT Totals: 56 Transactions $832,402.11
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 45 $872,902.67 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 45 $872,902.67 $0.00
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
EFTs Status Count Transaction Amount Reconciled Amount
Open 56 $832,402.11 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 56 $832,402.11 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 101 $1,705,304.78 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 101 $1,705,304.78 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 45 $872,902.67 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 45 $872,902.67 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 56 $832,402.11 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 56 $832,402.11 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 101 $1,705,304.78 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 101 $1,705,304.78 $0.00
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CITY OF
II
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
CUPERTINO
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and West Valley Community Svcs Agency( "Contractor"), a Non-Profit for Haven to Home Job Training Pilot Program, and is effective on the last date signed below ("Effective Date").
2. SERVICES
Contractor agrees to provide the services and perform the tasks ("Services ") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on July O 1, 2022 ("Contract Time") , unless terminated earlier as provided herein. Contractor 's Services shall begin on the effective date and shall be completed by July OJ , 2022. The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $169,058.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor 's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending Haven to Home Joh Training Pilot Program
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claims for City approval. Failme to timely submit a complete and accurate payment requis ition relieves City of any fwther payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation , or other benefits from the City. 52 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 55 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits , social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor 's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination , so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.
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Contractor shall exercise the same standard of care to protect City infonnation as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, "Work Product") , prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
71 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights .
Contractor may use copies of the Work Product for promotion only with City's written approval. 73 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.
75 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed inf01mation of Contractor 's performance , benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four ( 4) years from the date of City's final payment.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate , or transfer this Agreement, or any interest Haven to Home Job Training Pilot Program
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therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or busines s nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be umeasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY/ SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements , interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City prope1iy, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commiss ions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (cl) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
11.4. Contractor 's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement , a purchase order, or other transaction .
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11.5 . Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the perfonnance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive tennination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, emplo.yee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Haven to Home Job Training Pilot Program
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Regulations . Contractor agree s to abide by the City's rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Kerri Heusler as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor .
Contractor Project Manager. Subject to City approval, Contractor assigns Josh Selo as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California . Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration , the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact.
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18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration , appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Pa1ty's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal , or unenforceable , such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
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25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is te1minated, including the Indemnification , Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below , which will be considered effective on the date of personal delivery or the date confinned by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupe1tino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Kerri Heusler
Email: [email protected]
27. EXECUTION
To Contractor:
West Valley Community Svcs Agency
10104 Vista Drive
Cupertino, CA 95014
Attention: Josh Selo
Email: [email protected]
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By~
Benjamin Fu Name, ______ __ _
Title Director of Community Development
Sep 15, 2021 Date, ______ _ __ _
Haven to Homeiolrftaining-Pnot"Program
CONTRACTOR
Josh Seto By __________ _
Name Josh Selo
Title Executive Director
Date_s_e_p_l_S_,_2_02_1 _ ___ _
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APPROVED AS TO FORM:
~~Z?~
CHRISTOPHER D. JENSE N
Cupertino City Attorney
ATTEST:
~~
KIRSTEN SQUARCIA
City Clerk
Date Sep 15, 2021
Haven to Home Job Training Pilot Program
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Exhibit A
West Valley Community Services
Haven to Home Job Training Pilot Program
The Haven to Home Job Training Pilot program will provide two homeless individuals with an opportunity to get on-the -job experience and training to help support future employment , stability and self-sufficiency. The program will enable participants to participate in a combination of formal training and on the job skill development, and create a job history which can be helpful for folks that currently have gaps in their employment for one year or more.
The program will consist of the following elements:
• A full time, non-exempt position with West Valley Community Services for 8 months (October 2021-June 2022).
The position will provide benefits. The two positions will be Facilities Assistant and Food Programs Assistant (job description to follow)
• Work appropriate clothing, if needed
• Housing search and support, if needed
• Financial coaching (through the WVCS Financial Empowerment Program), as well as assistance in setting up a bank account, if needed
• Training
• Job coaching
• Case management
• Access to other WVCS benefits, including food pantry programs WVCS will identify a pool of prospects for the program, giving preference to folks currently living at the Lawrence Mitty site. WVCS will also identify current Haven to Home clients accessing our services as potential program participants.
Exhibit B
WVCS will conduct a job readiness assessment from the pool of interested prospects in mid to late September 2021, and identify two clients to participate in the program beginning in October 2021. The goal is to focus on onboarding, training, and skill development during the first six months of employment, and to transition to a focus on resume support, applying for jobs, and transition to a new employer during the final two months of the pilot program.
Exhibit C
Budget
Item
Salary and benefits
Housing support
Training
Case management and supervision
Clothing and miscellaneous
Admin (@15%)
TOTAL
Cost
$68,000 ($17 /hr plus benefits)
$54,000
$10,000
$10,000
$5,000
$22,058
$169,058
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EXHIBITD
Insurance Requirements
Design Professionals & Consultants Contracts
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. h Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13).
c The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self insurance shall be called upon to protect City as a named insured. 2 Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance ofno less than $1,000,000 per occurrence for bodily injury or disease.
J Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form:
a The Retroactive Date must be shown and must be before the Effective Date of the Contract. h Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made pol icy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services.
Exh. D-Insura nce Requiremen ts for Design Professionals & Consultant Contracts Form Updated Sept. 20 I 9 1 109
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OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino , its City Council , officers, officials, employees , agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liabilit y coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as JSO Form CG 20 10 (11/ 85) or both CG 20 l 0 and CG 20 37 forms, if later editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees , or volunteers shall be excess of Consultant's insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recove1y of damages to the extent said losses are covered by the insurance policies required herein. Spec ifically , the Workers' Compensat ion policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either:
the insurer must reduce or eliminate the deduct ible or self-insured retentions as respects the City/Additional Insureds; or Consulta nt must show proof of abil ity to pay losses and costs related investigations, claim administration and defense expenses. The policy shall prov ide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.
Accepta bility of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-Y U, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verificat ion of compliance at any time during the Contract term.
Subconsultants
Consultant shall requ ire and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant 's insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience • .ins_urer..ru: otheu_pecial circumstances . with not less than ninety .(90ld~s rior written notice.
Exh. D-lnsurance Requirements for Design Professionals & Consultant Contracts Form Updated Sept. 2019 2 110
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WESTVAL-05 LIUPENG
ACORD CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DDIYYYY)
~ 6/16/202 1
THIS CERTIFICATE IS ISSUED AS A MATTER O F INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIF ICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEE N THE ISSUING INSURER($) , AUTHORIZED REPRESENTATIVE OR PRODU CER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate h older is an ADDITIONAL INSURED , the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed .
If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may requir e an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAU"•
NFP Property & Casualty Services , Inc. flJ8,1o,Ext): (408) 792-5400 I rffc. Nol:(408) 792-3670 160 West Santa Clara Street E-MAIL Suite 575 ,nnc"'"'· San Jose, CA 95113 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Indemnity Ins urance Comoanv 18058 INSURED 1NsuRER e: Service American Indemnity Company 39152 W est Valley Community Services of Santa Clara County, Inc. INSURERC:
10104 Vista Drive INSURER D:
Cupertino, CA 95014 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER· REVISION NUMBER ·
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTAND ING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS IONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~f: TYPE OF INSURANCE 1~.?.P~ 1WJ~ POLICY NUMBER POLICY EFF 1Ul4/DDIYYYYI POLICY EXP I IM ., __ A·--- LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - D CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 100,000 X PHPK2278591 6/112021 6/1/2022 ;/Ea - $ MED EXP /Anv one oerson I $ 5,000
- 1,000,000 PERSONAL & ADV INJURY 'I
- 3,000,000 R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY □ ~~T □ LOC PRODUCTS - COMP/OP AGG $ 1,000,000
OTHER: SEXUAL ABUSE MO $ 1,000,000
A AUTOMOBILE LIABILITY ,__ COMBINED SINGLE LIMIT
'"• Mcirl,-nl\ $ 1,000,000
X ANY AUTO PHPK2278591 6/1/2021 6/1/2022 BODILY INJURY /Per person) $ ,__
OWNED - SCHEDULED
,__ AUTOS ONLY 1---- AUTOS BODILY INJURY (Per accident\ $ Hl'Vffi ~8{tivmi1~ PROPERl\~AMAGE $ AU SONLY { Per accident ~ ~
$
A UMBRELLA LIAS ~ OCCUR EACH OCCURRENCE $ 2,000,000
~
PHUB769281 6/1/2021 6/1/2022 2,000,000 X EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION $ 10,000 $
B WORKERS COMPENSATION X I ~~fnm I I ~JH-AND EMPLOYERS' LIABILITY YIN SATIS0387200 12/31/2020 12/31/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ lll'F ICER/M!;M~m EXCLUDED? N /A
1,000,000 andatory m ) E.L. DISEASE · EA EMPLOYEE $
If ~es, describe under
D SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Events under written contract
City of Cupertino , Its Offi cials & Employees named as an additional insured per form CG 2026 04/13 attached. Primary wording applies. Blanket Work Comp waiver endorsement WC 04 03 06 attached- (Form CIR attached)
CERTIFICATE HOLDER CANCELLAT ION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino , Its Officials & Employees THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Recreation & Comm unity Services/Facilities
10300 Torre Avenue
Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE
- ,( ,
I
ACORD 25 (2016/03) © 1988-20 1 5 ACORD CORPORATION . All rights reserved.
The ACORD name and logo are registered marks of ACORD
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Pl-GLD-HS (10/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
HUMAN SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance
Extended Property Damage Included
Limited Rental Lease Agreement Contractua l Liability $50,000 limit Non-Owned Watercraft Less than 58 feet
Damage to Property You Own, Rent, or Occupy $30,000 limit Damage to Premises Rented to You $1,000,000
HIPAA Clarification
Medical Payments $20,000
Medical Payments - Extended Reporting Period 3 years
Athletic Activities Amended
Supplementary Payments - Bail Bonds $5,000
Supplementary Payment- Loss of Earnings $1,000 per day
Employee Indemnification Defense Coverage $25,000
Key and Lock Replacement - Janitorial Services Client Coverage $10,000 limit Additional Insured - Newly Acquired Time Period Amended Additional Insured - Medical Directors and Administrators Included Additional Insured - Managers and Supervisors (with Fellow Included Emolovee Coveraae)
Additional Insured - Broadened Named Insured Included
Additional Insured - Funding Source Included
Additional Insured - Home Care Providers Included
Additional Insured - Managers, Landlords, or Lessors of Premises Included Additional Insured - Lessor of Leased Equipment Included Additional Insured - Grantor of Permits Included
Additional Insured - Vendor Included
Additional Insured - Franchisor Included
Additional Insured - When Required by Contract Included Additional Insured - Owners, Lessees, or Contractors Included Additional Insured - State or Political Subdivisions Included
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Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury - includes Mental Anguish Included 11
Personal and Advertising Injury- includes Abuse of Process, Included 11 Discrimination
A. Extended Property Damage
SECTION I - COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
"Bodily injury" or property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
B. Limited Rental Lease Agreement Contractual Liability
SECTION I - COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
(3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client.
C. Non-Owned Watercraft
SECTION I - COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.
D. Damage to Property You Own, Rent or Occupy
SECTION I - COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
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LIABILITY , Subsection 2. Exclusions , Paragraph j. Damage to Property , Item (1) is deleted in its entirety and replaced with the following:
(1) Property you own , rent, or occupy , including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.
E. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in:
a. The last paragraph of SECTION I - COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions ; is deleted in its entirety and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION Ill - LIMITS OF INSURANCE . b. SECTION Ill - LIMITS OF INSURANCE , Paragraph 6. is deleted in its entirety and replaced by the following:
Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V- DEFINITIONS , Paragraph 9.a., is deleted in its entirety and replaced by the following:
A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explos ion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";
2. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS , Subsection 4. Other Insuran ce, Paragraph b. Excess Insu rance, (1) (a) (ii) is deleted in its entirety and replaced by the following:
That is insurance for fire, lightning, explosion , smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
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Pl-GLD-HS ( 10/11)
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof .
F. HIPAA
SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY , is amended as follows:
1. Paragraph 1. Insuring Agreement is amended to include the following:
We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages . However, we will have no duty to defend the insured against any "suit" seeking damages , "investigation," or "civil proceeding" to which this insurance does not apply.
2. Paragraph 2. Exclusions is amended to include the following additional exclusions:
This insurance does not apply to:
a. Intentional, Willful, or Deliberate Violations
Any willful , intentional, or deliberate "violation(s)" by any insured. b. Criminal Acts
Any "violation" which results in any criminal penalties under the HIPAA. c. Other Remedies
Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits
Any compliance reviews by the Department of Health and Human Services .
3. SECTION V - DEFINITIONS is amended to include the following additional definitions:
a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of "violations."
b. "Investigation " means an examination of an actual or alleged "violation(s)" by HHS. However , "investigation" does not include a Compliance Review.
c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA.
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Pl-GLD-HS (10/11)
G. Medical Payments - Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION Ill - LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarat ions of this Coverage Part.
2. SECTION 1- COVERAGE , COVERAGE C MEDICAL PAYMENTS , Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following :
(b) The expenses are incurred and reported to us within three years of the date of the accident.
H. Athletic Activities
SECTION I - COVERAGES , COVERAGE C MEDICAL PAYMENTS , Subsection 2. Exclusion s, Paragraph e. Athlet ic Activities is deleted in its entirety and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
I. Supplementary Payments
SECTION I - COVERAGES , SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows:
1. b. is deleted in its entirety and replaced by the following:
1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these.
1.d. is deleted in its entirety and replaced by the following:
1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.
J. Employee Indemnification Defen se Coverage
SECTION I - COVERAGES , SUPPLEMENTAR Y PAYMENTS - COVERAGES A AND B the following is added:
We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment.
The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits.
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K. Key and Lock Replacement - Janitorial Services Client Coverage SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS- COVERAGES A AND Bis amended to include the following:
We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate.
We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons.
The following, when used on this coverage , are defined as follows:
a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means:
(1) Any natural person:
(a} While in your service or for 30 days after termination of service; (b} Who you compensate directly by salary, wages or commissions; and (c} Who you have the right to direct and control while performing services for you; or (2} Any natural person who is furnished temporarily to you:
(a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave;or
(b} To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean:
(a} Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character ; or
(b} Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee ."
c. "Manager" means a person serving in a directorial capacity for a limited liability company.
L. Additional Insureds
SECTION II - WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this
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Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators - Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not indude the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.
b. Managers and Supervisors - Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business.
This provision does not change Item 2.a.(1 )(a) as it applies to managers of a limited liability company.
c. Broadened Named Insured - Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However , coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
d. Funding Source - Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers - At the first Named lnsured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmental ly disabled.
f. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
g. Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You -Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or
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organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance , operation or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds , this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits - Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies , cellar entrances , coal holes, driveways , manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors - Only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging , except when unpacked solely for the purpose of inspection , demonstration , testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections , adjustments , tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products ; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product;
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(g) Products which , after distribution or sale by you, have been labeled or relabeled or used as a container , part or ingredient of any other thing or substance by or for the vendor; or
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However , this exclusion does not apply to:
(i) The exceptions contained in Sub-paragraphs (d) or (f) ; or (ii) Such inspections , adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing .
j. Franchisor- Any person or organization with respect to their liability as the grantor of a franchise to you.
k. As Required by Contract - Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations
I. Owners, Lessees or Contractors -Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused , in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract.
With respect to the insurance afforded to these additional insureds , the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(a) All work, including materials , parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additiona l insured(s) at the location of the covered operations has been completed ; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
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m. State or Political Subdi visions - Any state or political subdivision as required , subject to the following provisions:
(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.
(2) This insurance does not apply to:
(a) "Bodi ly injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or munic ipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."
M. Duties in the Event of Occurren ce, Claim or Suit
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS , Paragraph 2. is amended as follows:
a. is amended to include :
This condition applies only when the "occurrence" or offense is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation . b. is amended to include :
This condition will not be considered breached unles s the breach occurs after such claim or "suit" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corpora tion.
N. Unintentional Failure To Disclose Hazards
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Represent ations is amended to include the following:
It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
0. Transfer of Rights of Recovery Against Others To Us
SECTION IV - COMMERCIA L GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of
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Recovery Agai nst Others To Us is deleted in its entirety and replaced by the following :
If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request , the insured will bring "suit" or transfer those rights to us and help us enforce them.
Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.
P. Liberalization
SECTION IV - COMMERCIAL GENERAL LIABILIT Y CONDITIONS , is amended to include the following:
If we revise this endorsement to provide more coverage without additio nal premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
Q. Bodily Injury - Mental Anguish
SECTION V- DEFINITIONS , Paragraph 3. Is deleted in its entirety and replaced by the following:
"Bodily injury" means:
a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.
R. Personal and Advertising Injury - Abu se of Process , Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows :
1. SECTION V- DEFINITIONS , Paragraph 14.b. is deleted in its entirety and replaced by the following:
b. Malicious prosecution or abuse of process;
2. SECTION V - DEFINITIONS , Paragraph 14. is amended by adding the following:
Discrimination based on race, color, religion, sex, age or national origin , except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer , director , stockholder , partner or member of the insured ; b. Directly or indirectly related to the employment, former or prospective employment , termination of employment , or application for employment of any person or persons by an insured;
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c. Directly or indirectly related to the sale, renta l, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrim ination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this pol icy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you per form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be
otherwise due on such remuneration.
0 . 0 2 0 % of the California workers' compensation premium Schedule
Person or Organization
Blanket Waiver of Subrogation as required by written
Job Description
Contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 12 / 3 1 / 2 0 2 0 Policy No. SATIS03 87200 Policy Effective Date: 12/31/2020 to 12/31/2021
Endorsement No.
Premium$
Insured: West Valley Community Services of Santa Clara County, Inc.
DBA:
Carrier Name/ Code: Service American Indemnity Company
WC 04 03 06
(Ed. 4-84)
Countersigned by---= ============= =====------
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CITY OF CUPERTINO
Agenda Item
22-10586 Agenda Date: 3/15/2022
Agenda #: 12.
Subject: Consider issuing a request to the CUSD Board for reconsideration of the future closures of Regnart and Meyerholz Elementary Schools
Discuss taking a position that the Cupertino Union School District should reconsider its decision to close Regnart and Meyerholz Elementary Schools
Presenter: Jim Throop, City Manager
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Consider issuing a request to the CUSD Board for reconsideration of the future closures of Regnart and Meyerholz Elementary Schools
Recommended Action
Discuss taking a position that the Cupertino Union School District should reconsider its decision to close Regnart and Meyerholz Elementary Schools
Discussion
On October 14, 2021, the Cupertino Union School District (“CUSD”) Board voted to close Regnart and Meyerholz Elementary Schools and to relocate the Cupertino Language Immersion Program to the Muir Elementary School campus. This reorganization would take effect in the 2022-2023 school year.
Per the adopted policy on City Council Agenda Items, this item was added to the agenda at the request of two Councilmembers. The City Council may consider taking a position on the closure of the Regnart and Meyerholz Elementary Schools. Enclosed please find a letter submitted for Council consideration by Vice Mayor Chao, which requests that the CUSD Board reconsider its decision to close the schools.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
Environmental Impacts
The proposed action is not a project under the requirements of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq., and the State CEQA Guidelines, California Code of Regulations Section 15000 et. seq. (collectively, “CEQA”), because it has no potential for resulting in physical change in the environment.
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_____________________________________
Prepared by: Jim Throop, City Manager
Reviewed by: Dianne Thompson, Assistant City Manager
Approved for Submission by: Jim Throop, City Manager
Attachment:
A – Draft Letter to Cupertino Union School District Board of Education
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DRAFT FOR CITY COUNCIL CONSIDERATION
March 15, 2022
Via Electronic Mail
Cupertino Union School District
Board of Education
1309 South Mary Avenue
Sunnyvale, CA 94087
Re: R.I. Meyerholz Elementary and William Regnart Elementary School Closures
Dear Honorable Board Members:
I write on behalf of the City of Cupertino and the Cupertino City Council to express our concern regarding your October 14, 2021 decision to close the Regnart and Meyerholz Elementary Schools and to relocate the Cupertino Language Immersion Program to the Muir Elementary School campus.
The City appreciates that difficult decisions may be required to address declining enrollment and remain fiscally solvent in the Cupertino Union School District (“School District”), and we value the School District as a partner in serving the residents of Cupertino. However, due to the absence of the 7-11 committee to gather facts and consider options, as advised by the “ Closing a
School: Best Practices Guide” (“Best Practice Guide”) by the California Department of Education, based on Education Code, the impacted families are not convinced that the decision to close schools was “based upon hard, empirical evidence that leads to a broadly supported, incontrovertible conclusion-the district cannot afford to keep a particular school(s) open without cuts elsewhere,” as the Guide advises. As a result, many residents think the school closure decision as having been made in haste, with insufficient notice to affected families.
Many residents feel frustrated and have strong reservations regarding the decision-making process. Many have sent their students to private schools or are planning to do so. Some plan to move out of the District. The quality of life of our residents and the quality of school-based infrastructure will be adversely impacted in comparison to neighboring cities with smaller neighborhood schools within walkable/bikeable distances. Should this sentiment towards public schools result in the lack of voter support for future parcel tax and bond measures for either the School District or for Fremont Union High School District, the quality of our schools will be negatively affected. Property values of Cupertino homes could see a commensurate decline; the tax base of the City may well be detrimentally affected by your decisions to close schools.
The City of Cupertino urges the School Board to reconsider the October 14, 2021 decision in light of its impact on Cupertino families, and to evaluate considerations that were not adequately addressed by the School Board. In particular, we are concerned that the School Board:
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R.I. Meyerholz Elementary and William Regnart Elementary School Closures March 15, 2022
● did not fully consider the improved conditions of the School District finances to evaluate the necessity of school closure;
● did not fully consider alternatives outlined in the Best Practice Guide to ensure that school closure is the last resort;
● did not assess and compare the various costs associated with consolidating schools with the savings in the operating cost of one school ($400,000); ● did not fairly assess enrollment trends of all schools under consideration; ● did not gather facts to disclose assignment strategies causing enrollment declines in some schools and increases in other neighboring schools;
● did not take into account the temporary effect of the pandemic; ● did not consider the adverse educational impacts of larger elementary schools; ● did not consider the regional trends to smaller schools with smaller classes; ● did not take into account the effect on enrollment from the newly-approved mandatory Transitional Kindergarten program;
● did not take into account the effect on enrollment of significant housing-production mandates being adopted by every city government;
● did not evaluate the physical impacts of school closure on the community, including increased traffic and greenhouse gas emissions.
To help alleviate the City’s concerns and to ensure transparency and accountability in the decision-making process, the City urges the School Board to reconsider its October 14, 2021 decision. Specifically, the City urges the School Board to consider:
● keeping Regnart and Meyerholz Elementary Schools open; ● adjusting policies to support natural fluctuations in enrollment at neighborhood schools with small classes as needed; and
● re-evaluating the ideal school size for competitive high-quality student learning.
The City of Cupertino stands ready to be a partner with the School Board to ensure that any school closure decision is made in a manner that does not unnecessarily harm our households.
We believe reevaluation of the District’s school closure decision may lead to the best interests of the School District and all of its families in the long run.
Thank you for your consideration of this request, and we look forward to your timely response.
Sincerely,
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CITY OF CUPERTINO
Agenda Item
22-10561 Agenda Date: 3/15/2022
Agenda #: 13.
Subject: Consider report on Chamber of Commerce services and payment included in the Accounts Payable report ending December 20, 2021 and approval of Accounts Payable report Receive report and adopt Resolution No. 22-015 Accepting Accounts Payable for the period ending December 20, 2021
Presenter: Tina Kapoor, Economic Development Manager
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
Consider report on Chamber of Commerce services and payment included in the Accounts Payable report ending December 20, 2021 and approval of Accounts Payable report
Recommended Action
Receive report and adopt Resolution No. 22-015 Accepting Accounts Payable for the period ending December 20, 2021
Discussion
On February 1, 2022, City Council directed staff to provide a summary of the services that the Cupertino Chamber of Commerce (Chamber) provides to the City and its and businesses in exchange for the $16,000 annual payment. Th e City has provided this $16,000 annual payment to the Chamber for many years, with records as far back as 2008.
In addition, the City pays a $1,500 membership fee to the Chamber.
A letter from the Chamber dated March 1, 2022 (Attachment A) is included with this report that outlines the services they have provided in exchange for the $16,000 from the City. The letter also highlights how those activities have been adjusted based on the changing economic conditions over the years, and most recently the pandemic.
Historically, the Chamber has been the lead outreach and service delivery conduit between the City and Cupertino businesses. With close to 300 members strong , the Chamber represents the logical partner in ensuring that key information and critical services reach the local business audience. In addition, the Chamber has served as an important feedback mechanism to understand business constituents’ needs and concerns as new policies, programs, and changes in economic conditions develop. Although many in-person activities and events were scaled back due to the pandemic, Attachment A includes notable examples of Chamber activities and services.
Chamber Relationships in Other Cities
The following table shows the partnership other cities in Santa Clara County c urrently have in place with their Chambers. All cities surveyed have partnerships with their 131
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Chambers. Only 4 out of the 10 cities surveyed have a formal agreement in place. Some cities have contracted with different chambers for one -time agreements for sp ecific projects. Funds provided to the chambers in various cities have ranged from $295 to $1,461,601 annually.
City Chamber
Partnership
(Yes/No)
Payment
Amount to
Chamber
(annually)
Type of Agreement Additional Details
Campbell Yes $295
membership fee
No formal
agreement
Annual membership
Gilroy Yes $200,000 Formal agreement in
place until FY 19-20
Collaborated on the Welcome
Center. City paid the
Chamber $200,000 annually
for the Economic
Development Corporation
function until FY 19-20.
Gilroy Yes $15,000-$20,000 No formal
agreement
The Chamber facilitated
business grants for the City
and were paid 15% of each
approved application.
Los Gatos Yes $60,000 Formal agreement1 Chamber operates the Visitor Center as well as Leadership
Los Gatos
Milpitas Yes $1,000
membership fee
No formal
agreement
Chamber partners on
economic development
projects. Chamber
representative serves on the
Economic Development Trade
Commission
Morgan
Hill
Yes $550
membership fee
No formal
agreement
Annual membership plus
support for events and
initiatives
Mountain
View
Yes $10,000 (for
Tech Showcase
event)
Lease agreement Chamber leases City-owned
building for nominal rent.
Visitor Center is also operated
by the Chamber, City covers
the rent
1http://weblink.losgatosca.gov/WebLink/0/edoc/1261417/05%20Attachment%201%20Exh ibit%20A%20-%20Los%20Gatos%20Chamber%20of%20Commerce%20Agreement.pdf 132
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San Jose
(these are
one-time
agreements,
unless
stated
otherwise)
Yes
$95,000 in 2009 Formal agreement2
with the Hispanic
Chamber of
Commerce in 2009
Chamber to help low to
moderate income
entrepreneurs in the City
through programming and
integration of newly formed
businesses with Business
Owner Place online platform
$50,000 in 2014 Formal agreement3
to San Jose Silicon
Valley Chamber of
Commerce in 2014
Chamber to develop a
Business Development
Strategy to support job
growth, business retention,
expansion, attraction, and
promote City’s positive
attributes
$76,000 in 2017 Formal agreements4
with the Hispanic
Chamber ($40,000)
and Black Chamber
(36,000) in 2017.
Ethnic Chambers to provide
technical assistance to small
and ethnic businesses. City is
currently negotiating a new
agreement with the Hispanic
Chamber for FY 22-23
$50,000 in 2018 Formal agreement5
with San Jose Silicon
Valley Chamber in
2018
Chamber to provide services
to enhance the environment
for small business
community, branding the
City, workforce readiness of
residents and meet with
visiting international business
delegations
$100,000 in 2020 Formal agreement6
with Black Chamber
of Commerce
($35,000) and
Hispanic Chamber
of Commerce
($65,000) in 2020
Chamber to raise
consciousness to buy local
and focus on supporting local
businesses impacted by
COVID-19 and facilitating
small businesses reopening
2 https://records.sanjoseca.gov/Contracts/CON6335630.PDF 3 https://records.sanjoseca.gov/Contracts/CON6401800.PDF 4 https://www.sanjoseca.gov/home/showpublisheddocument/53375/637171087420500000 5 https://records.sanjoseca.gov/Contracts/CON6631240.PDF 6 https://records.sanjoseca.gov/Contracts/CON666294-001.pdf 133
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Santa Clara Yes $1,461,601 Formal agreement7
(one-time) with
Chamber in 2017
Chamber to provide
Convention and Visitors
Bureau Services
Saratoga Yes $17,137
membership fee
in 2022
Formal agreement8 Chamber to provide services
for walk-in, telephone, email,
or fax requests on tourism &
information materials, city
information & materials,
quarterly report
Sunnyvale Yes $1,000
membership fee
No formal
agreement
Annual membership
Next Steps
Staff has initiated discussions with the Chamber to formalize this long-standing working relationship through a Memorandum of Understanding (MOU) with a clearly defined scope of work, related deliverables, and financial commitments.
It is expected that much of the ongoing work will support the City’s Economic Development Division with their current City Work Program priorities.
Sustainability Impact
No sustainability impact.
Fiscal Impact
There is no fiscal impact from receiving this report. The first of two $8,000 payments for this year has been made to the Chamber and is reflected in the Accounts Payable Report for the period ending December 20, 2021. The second payment will be made once an agreed upon MOU is established. The funds have already been budgeted so no further appropriations are needed at this time. Accepting the Accounts Payable for the period ending in December 20, 2021 will meet requirements set forth for the City Treasurer for check issuance (per Resolution No. 5939).
_____________________________________
Prepared by: Tina Kapoor, Economic Development Manager Reviewed by: Chris Jensen, City Attorney
Dianne Thompson, Assistant City Manager
Katy Nomura, Deputy City Manager
Approved for Submission by: Jim Throop, City Manager
7https://www.santaclaraca.gov/home/showpublisheddocument/58627/6366750741123700 00 8 https://saratoga.granicus.com/MetaViewer.php?view_id=9&clip_id=154&meta_id=8484 134
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Attachments:
A – Letter from Chamber dated March 1, 2022
B – Draft Resolution
C – AP Report (Including Chamber Contract Payment)
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RESOLUTION NO. 22-015
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE
AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR
GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING DECEMBER 20, 2021
WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby allow the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15
th day of March, 2022 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Resolution No. 22-015
CERTIFICATION
The
Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment.
CE
RTIFIED: _____________________________
Kristina Alfaro, Director of Administrative Services
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of 2 1
20455 Silverado Avenue
Cupertino, CA 95014
Tel (408) 252-7054
www.cupertino-chamber.org
Anjali Kausar
Chief Executive Officer
2022 BOARD OF DIRECTORS
BOARD OFFICERS
Claudio Bono, President
Cupertino Hotel
Sean Panchal, President-Elect
First Maganson Holdings, Inc.
Keith Warner, Vice-President Finance
Pacific Workplaces
Rod Diridon Jr., Vice-President
Apple Inc.
Mike Rohde, Vice-President
Main Street Cupertino
Marisa Spatafore, Vice-President
De Anza College
John Zirelli, Vice-President
Recology
BOARD MEMBERS
Rich Abdalah
Abdalah Law Offices
Donna Austin
Cupertino Historical Society & Museum
Michael Blecman
Benihana Restaurant
Polly Bove
Fremont Union High School District
Catherine Chen
State Farm Insurance
Danielle De La Torre
Bay Area Stone and Tile
Paul Medawar
Hyatt House
Hanh Mo
Kaiser Permanente
Josh Selo
West Valley Community Services
Thalia Swangchaeng
Pineapple Thai
John Tang
San Jose Water Company
Stacy Yao
Cupertino Union School District
March 1, 2022
RE: SERVICES PROVIDED BY THE CUPERTINO CHAMBER OF
COMMERCE
Dear Honorable Mayor and Council Members,
On behalf of the Chamber Board of Directors, it is my pleasure to contribute some information and background to discussions at recent Cupertino City Council meetings regarding the City of Cupertino’s membership in the Cupertino Chamber of Commerce and remuneration for services from that membership and relationship.
While the economic health and prosperity of the community have always been an overriding concern for the Cupertino Chamber of Commerce, the Chamber and the greater Cupertino community that it serves have changed profoundly over the years. From Varian to Apple; from Key Chevrolet to Whole Foods; from Kerley’s Gun Shop to Trailhead Cyclery; and Cali Brothers to the Juniper Hotel.
The services provided by the Chamber to the community have changed with the economy and the city.
Ongoing programs from the Chamber include:
• Provide economic development support to existing and prospective businesses in the City.
• Develop and implement programs that complement, support, and enhance City economic development initiatives.
• Maintain and distribute an official directory of the City of Cupertino. • Provide the City with copies of directories as needed. • Update the directory as needed. (Historically every two years). • Produce information packets for distribution upon request and at special events.
• Develop and initiate business development and public outreach programs consistent with the city’s Economic Development Strategic Plan (EDSP). • Update economic development outreach program as economic conditions warrant.
• Produce supporting economic development data packets relevant to existing and prospective businesses.
• Asian American Business Council.
• Legislative Action Committee.
• Support ad-hoc requests for information and services from individuals, organizations, and businesses that pertain to the greater Cupertino community.
• Ribbon cuttings and grand openings.
• Marketing and promotion of all events held in Cupertino. • Education and outreach re: new city rules and regulations (wages, waste reduction, transportation, etc.)
The Chamber continues to provide community forums in close cooperation with the city on small business support in multiple languages, with special public meetings on everything from Accessory Dwelling Units (ADUs), women in business, Mandarin small business seminars, to parenting students. 138
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During the Covid-19 pandemic, through Cupertino Together, the Chamber was the first to immediately collect donations so meals from local restaurants could help food-insecure members of our community. In addition, Cupertino Together worked most closely with the Cupertino Senior Center.
During the past two years, special programs have included:
• The Chamber has been the only organization to conduct a door-to-door survey of all businesses in Cupertino during the pandemic, a significant continuing effort. • I Love Cupertino; open to all businesses and organizations, ILoveCupertino.com provides a free means of sharing information on Cupertino's local businesses, community organizations, and activities.
• #ShopCupertino and #CupertinoCares are two campaigns that have come to the fore as the continued pandemic and online shopping have combined to create an existential threat for most small and medium-sized businesses.
• A job fair, and services and presentations on staffing and recruitment. • Seminar topics include predatory ADA lawsuits that increased during the pandemic, bankruptcy, PPP loan forgiveness, Employee Retention Tax Credit, California Capital Access Program (CalCAP) for Small Business, Go Green Financing, etc.
We sincerely hope that a Memorandum of Understanding (MOU) between the City of Cupertino and the Chamber can help both parties to serve our changing community better.
Respectfully yours,
Claudio Bono, President
Cupertino Chamber of Commerce
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
729282 12/13/2021 Open Accounts Payable Cupertino Hotel $183.90 Invoice Date Description Amount
2022-00000308 10/22/2021 Boris Stanley Meal Service for 10/17/21 and 10/21/21 $183.90 729283 12/17/2021 Open Accounts Payable ADVANTAGE GRAFIX $106.94 Invoice Date Description Amount
46147 11/04/2021 Business Cards - Tina Kapoor $106.94
729284 12/17/2021 Open Accounts Payable AT&T $337.40
Invoice Date Description Amount
000017164481 10/12/2021 911 Emergency Phone Lines - 09/12/2021 - 10/11/2021
$153.72
000017453110 12/12/2021 911 Emergency Phone Lines - 11/12/2021 - 12/11/2021
$183.68
729285 12/17/2021 Open Accounts Payable AVOCETTE TECHNOLOGIES INC. $7,507.50 Invoice Date Description Amount
2111CU1 11/30/2021 Accela FY22 Configuration services & Business License Nov 2021
$7,507.50
729286 12/17/2021 Open Accounts Payable CINTAS CORPORATION $2,247.32 Invoice Date Description Amount
4103917285 12/07/2021 UNIFORMS SAFETY APPAREL $1,123.66 4104617598 12/14/2021 UNIFORMS SAFETY APPAREL $1,123.66 729287 12/17/2021 Open Accounts Payable COLLEEN LOPEZ $1,200.00 Invoice Date Description Amount
2021-6 12/10/2021 Housing Consultant 2021/11 $1,200.00
729288 12/17/2021 Open Accounts Payable COMCAST $2,162.67 Invoice Date Description Amount
3310-120721 12/07/2021 8155 40 065 0183310 -120721 $2,162.67 729289 12/17/2021 Open Accounts Payable COUNTY OF SANTA CLARA $1,290,467.25 Invoice Date Description Amount
1800078855 11/01/2021 Advance for Law Enforcement Svs (Nov 2021) $1,290,457.25 1800078811 10/28/2021 LIVE SCAN SERVICES SEPT 2021 $10.00 729290 12/17/2021 Open Accounts Payable CUPERTINO CHAMBER OF
COMMERCE
$8,000.00
Invoice Date Description Amount
12927 08/10/2021 Chamber Annual Contract - First Installment $8,000.00 729291 12/17/2021 Open Accounts Payable Darlene Rochkind $197.87 Invoice Date Description Amount
10180 12/11/2021 interpreting services for Signing Santa $197.87 729292 12/17/2021 Open Accounts Payable DENCO SALES COMPANY, INC. $388.79 Invoice Date Description Amount
8781818-00 12/08/2021 Grounds - Material for Field Closed Signs $388.79 729293 12/17/2021 Open Accounts Payable DEVIL MOUNTAIN WHOLESALE
NURSERY, INC
$8,244.50
Invoice Date Description Amount
2059/7 12/10/2021 Trees/ROW - Trees $7,190.51
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
10922/3 12/14/2021 Trees/ROW - Trees $1,053.99
729294 12/17/2021 Open Accounts Payable Eshverya Gianchandani $55.00 Invoice Date Description Amount
EshveryaG101521 10/15/2021 Reimbursement - Crew SV Luncheon $55.00 729295 12/17/2021 Open Accounts Payable FRANCHISE TAX BOARD $14,253.52 Invoice Date Description Amount
DGWithholding1 12/16/2021 Income Tax for Daniel Gertmenian #883685572 $14,253.52 729296 12/17/2021 Open Accounts Payable James Throop $57.00 Invoice Date Description Amount
Throop11821 11/08/2021 Live Scan and Fingerprinting Reimbursement $57.00 729297 12/17/2021 Open Accounts Payable MOUNTAIN VIEW GARDEN CENTER
$1,712.49
Invoice Date Description Amount
108587 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108583 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108578 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108595 12/09/2021 Grounds - 2yds Red Pro Chip $122.11
108599 12/10/2021 Streets - Sand for Sandbags $857.72
729298 12/17/2021 Open Accounts Payable MUNICIPAL MAINTENANCE
EQUIPMENT, INC
$384,130.50
Invoice Date Description Amount
0165944-IN 12/15/2021 Streets - Vac-Con Sewer & Storm Drain Cleaner $384,130.50 729299 12/17/2021 Open Accounts Payable OTIS ELEVATOR COMPANY $8,772.12 Invoice Date Description Amount
100400515232 09/13/2021 Facilities - Library Maintenance 10-1-21 to 9-30-22 $8,772.12 729300 12/17/2021 Open Accounts Payable TRACER GOLF USA $212.43 Invoice Date Description Amount
#INV-003194 11/30/2021 golf tees to sell in pro shop $212.43 729301 12/17/2021 Open Accounts Payable TYLER TECHNOLOGIES, INC. $701.37 Invoice Date Description Amount
Invoice-65976 12/01/2021 SELF SEAL 1099 ENV $701.37
729302 12/17/2021 Open Accounts Payable LARRY KLEIN $794.00 Invoice Date Description Amount
277809 12/13/2021 REFUND 10236 CRESTON DR TR-2021-042
WITHDRAWN
$794.00
729303 12/17/2021 Open Accounts Payable Liaw, Hai-Pyng $402.00 Invoice Date Description Amount
262993 12/14/2021 Refund for tree fee - insufficient space for planting $402.00 729304 12/17/2021 Open Accounts Payable Ng, Ofelia $39.34 Invoice Date Description Amount
12162021 12/16/2021 Laptop Bag Reimbursement: Nordstrom - DUCHAMP Office Backpack
$39.34
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729305 12/17/2021 Open Accounts Payable Nokhoda, Shazia $44.80 Invoice Date Description Amount
11192021 11/19/2021 Petty Cash for Shazia Nokhoda: Preschool - Thanksgiving Projects
$44.80
729306 12/17/2021 Open Accounts Payable STACIE VARIAN $196.44 Invoice Date Description Amount
279351 12/09/2021 REFUND 10445 SAN FERNANDO AVE BLD-2021- 2338 WITHDRAWN
$196.44
729307 12/17/2021 Open Accounts Payable THOMAS JAMES HOMES $5,000.00 Invoice Date Description Amount
270129 12/14/2021 10742 Carver Dr., Encroachment, 270129 $5,000.00 729308 12/17/2021 Open Accounts Payable THOMAS JAMES HOMES $37,000.00 Invoice Date Description Amount
269874 12/14/2021 10206 Orange Ave,100%L&M Bond, 269874 $37,000.00 729309 12/17/2021 Open Accounts Payable TIFANIE DANIELS $176.80 Invoice Date Description Amount
277109 12/10/2021 REFUND 10108 S TANTAU AVE BLD-2021-1625
SCOPE OF WORK CHANGE
$176.80
Type Check Totals: 28 Transactions $1,774,591.95
EFT
33219 12/13/2021 Open Accounts Payable Darcy Paul $1,264.06 Invoice Date Description Amount
DarcyP102921 10/29/2021 Reimbursement - League of CA Cities Conference (Travel)
$144.48
DarcyP110321 11/03/2021 Reimbursement - 11/3 Meeting with FBI Special Agents
$56.72
DarcyP102821 10/28/2021 Reimbursement - 9/29 - 10/28 Cell Phone $116.44 DarcyP112821 11/28/2021 Reimbursement - 10/29 - 11/28 Cell Phone $116.44 DarcyP09282021 09/28/2021 Reimbursement - 8/29 - 9/28 Cell Phone $116.51 DarcyP102021 10/20/2021 Reimbursement - 10/20 Boris Stanley Dinner $233.00 DarcyP102121 10/21/2021 Reimbursement - 10/21 Boris Stanley Lunch $480.47 33220 12/13/2021 Open Accounts Payable EMPLOYMENT DEVEL DEPT $48,981.42 Invoice Date Description Amount
12032021 12/03/2021 CA State Tax pp 11/20/21-12/3/21 $48,981.42 33221 12/13/2021 Open Accounts Payable IRS $153,308.59
Invoice Date Description Amount
12032021 12/03/2021 Federal Tax pp 11/20/21-12/3/21 $153,308.59 33222 12/16/2021 Open Accounts Payable P E R S $486,351.36 Invoice Date Description Amount
12032021 12/03/2021 PERS pp 11/20/21-12/3/21 $486,351.36 33225 12/17/2021 Open Accounts Payable 4 PAWS GOOSE CONTROL $1,850.00 Invoice Date Description Amount
1640 12/07/2021 Grounds - Nov 2021 Goose Control Services $1,850.00 Tuesday, December 21, 2021Pages: 3 of 8user: Vi Tran
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33226 12/17/2021 Open Accounts Payable ALL PENINSULA FIRE
EXTINGUISHER COMPANY
$3,901.00
Invoice Date Description Amount
21406 11/10/2021 Facilities - Fire Extinguisher Service $3,901.00 33227 12/17/2021 Open Accounts Payable Amazon Capital Services $207.12 Invoice Date Description Amount
11GD-D66G-6H7N 12/10/2021 refund - StarTech.com Down Angle Mini USB Cable - 2m - Black -
($6.42)
1KTP-HLC4-NCMK 12/13/2021 StarTech.com Down Angle Mini USB Cable - 2m - Black for CE
$8.42
1D7T-NLPK-MWF6 12/13/2021 IT Admin Business Prime Essentials - Membership Fee $195.33 1L39-6FK4-NJF3 12/13/2021 zdyCGTime 5FT 6 Pin to 6 Pin Firewire DV iLink Male to Male IEEE
$9.79
33228 12/17/2021 Open Accounts Payable BOUCHER LAW $4,077.50 Invoice Date Description Amount
783 12/13/2021 Employee Health and Benefit Programs $2,350.00 784 12/13/2021 Labor & Employment Law Matters $1,475.00 782 12/13/2021 COVID-19 Matters $252.50
33229 12/17/2021 Open Accounts Payable BRIAN GATHERS $55.00 Invoice Date Description Amount
BrianG120421 12/04/2021 Cell Phone Reimbursement - Brian G Nov 5 to Dec 4 2021
$55.00
33230 12/17/2021 Open Accounts Payable CAROL KORADE $160.70 Invoice Date Description Amount
December2021 12/14/2021 Reimbursement for December 2021 $160.70 33231 12/17/2021 Open Accounts Payable CLEANSTREET, INC. $17,381.62 Invoice Date Description Amount
101733CS 11/30/2021 Street Sweeping November 2021 $17,381.62 33232 12/17/2021 Open Accounts Payable CLEARBLU ENVIRONMENTAL $622.61 Invoice Date Description Amount
26214 11/15/2021 Streets - Nov 2021 Haz Mat Services $622.61 33233 12/17/2021 Open Accounts Payable CORELOGIC SOLUTIONS, LLC $940.31 Invoice Date Description Amount
82109433 11/30/2021 Metro scan Nov. 2021 $940.31
33234 12/17/2021 Open Accounts Payable CURREN CONSULTING $3,360.00 Invoice Date Description Amount
2021-10-07 10/31/2021 2021 Pavement Maintenance Project Phase 1 & 2 $1,785.00 2021-11-07 11/30/2021 2021 Pavement Maintenance Project Phase 1 & 2 $1,575.00 33235 12/17/2021 Open Accounts Payable Darcy Paul $353.57 Invoice Date Description Amount
DarcyP120621 12/06/2021 Reimbursement - Greg/Council Farewell Dinner $353.57 33236 12/17/2021 Open Accounts Payable GRAINGER INC $687.76 Invoice Date Description Amount
9110089415 11/04/2021 Streets - LED Driver $474.46
9143218775 12/07/2021 Fleet - Marker, Red, Green, Blue $74.11 9143218759 12/07/2021 Fleet - Headlamp $139.19
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33237 12/17/2021 Open Accounts Payable GULU SAKHRANI $55.00 Invoice Date Description Amount
GuluS121421 12/14/2021 Cell Phone Charge Reimbursement for Gulu - Nov 8 to Dec 7
$55.00
33238 12/17/2021 Open Accounts Payable Health Care Employees Dental Trust $28,917.90 Invoice Date Description Amount
305409-305411 12/14/2021 December 2021 Dental Benefit $28,917.90 33239 12/17/2021 Open Accounts Payable INSERVH20 INC. $787.89 Invoice Date Description Amount
1720 12/01/2021 Facilities - DEc 2021 Water Treatment $787.89 33240 12/17/2021 Open Accounts Payable Jillian C Haff $390.00 Invoice Date Description Amount
Fall Payment 2 12/14/2021 oct/nov zoom classes $390.00
33241 12/17/2021 Open Accounts Payable Keish Environmental, PC $2,500.00 Invoice Date Description Amount
COCMCS-0002 11/30/2021 MRP Training- November Services $2,500.00 33242 12/17/2021 Open Accounts Payable LIFE INSURANCE COMPANY OF
NORTH AMERICA
$7,838.78
Invoice Date Description Amount
15487_120121 12/14/2021 December 2021 CIGNA $7,838.78
33243 12/17/2021 Open Accounts Payable Managed Health Network Inc $785.51 Invoice Date Description Amount
PRM-067673 11/16/2021 December 2021 EAP BENEFIT $785.51 33244 12/17/2021 Open Accounts Payable MESITI-MILLER ENGINEERING, INC.
$29,478.50
Invoice Date Description Amount
1121028 11/30/2021 SO#3 CE/SE Regnart Rd. Sites 3-6 Schematic Design through 112521
$12,578.00
1121019 11/30/2021 CE for Wilson Park Basketball Court through 112521 $13,972.50 1121027 11/30/2021 CE/Se for Regnart Rd. Improvements Ph. 1 through 112521
$2,928.00
33245 12/17/2021 Open Accounts Payable MOSS ADAMS LLP $19,850.00 Invoice Date Description Amount
102245348 12/10/2021 Professional Services Rendered Through 11/30/2021 $19,850.00 33246 12/17/2021 Open Accounts Payable NI GOVERNMENT SERVICES INC. $79.04 Invoice Date Description Amount
21112907051 12/01/2021 Satellite Cell Phone Service - November 2021 $79.04 33247 12/17/2021 Open Accounts Payable NIDHI MATHUR $336.42 Invoice Date Description Amount
NidhiM121321 12/13/2021 Nidhi Cell Reimbursements 4-19-21 to 11-18-21 $336.42 33248 12/17/2021 Open Accounts Payable Nomad Transit LLC $63,073.63 Invoice Date Description Amount
INV001-4247 11/30/2021 Via Cupertino Shuttle for November 2021 $63,073.63 33249 12/17/2021 Open Accounts Payable OFFICE DEPOT, INC. $855.40 Invoice Date Description Amount
209385970001 11/11/2021 Service Center - 16oz Cups $151.89 Tuesday, December 21, 2021Pages: 5 of 8user: Vi Tran
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
209391573001 11/11/2021 Service Center - 16oz Cups $151.89 209392587001 11/12/2021 Service Center - Binder Clips $6.86 211925940001 11/22/2021 Service Center - Calendar 2022 $518.32 210095096001 11/18/2021 Retractable Gel Pen and Notepad $26.44 33250 12/17/2021 Open Accounts Payable PAVEMENT ENGINEERING INC $34,250.00 Invoice Date Description Amount
2111-084 12/08/2021 Construction Management & Inspection for 2020 Pavement Maint
$26,592.50
2111-083 12/08/2021 Construction Management & Inspection for 2020 Pavement Maint.
$7,657.50
33251 12/17/2021 Open Accounts Payable PLACEWORKS, INC $36,327.58 Invoice Date Description Amount
77078 11/30/2021 10625 S Foothill Blvd Environmental Review 2021/11 $1,355.33 77079 11/30/2021 10655 Mary Ave Environmental Review 2021/11 $323.85 77091 11/30/2021 22690 SCB Environmental Review 2021/11 $1,398.68 77093 11/30/2021 19191 Vallco Parkway Environmental Review 2021/11 $33,249.72 33252 12/17/2021 Open Accounts Payable RANEY PLANNING & MANAGEMENT, INC.
$3,940.35
Invoice Date Description Amount
2198E-1 12/09/2021 20860 McClellan Rd IS/MND 2021/11 $3,940.35 33253 12/17/2021 Open Accounts Payable RED WING BUSINESS ADVANTAGE
ACCOUNT
$386.57
Invoice Date Description Amount
20211210075899 12/10/2021 Safety Boots for Bob - Building $386.57 33254 12/17/2021 Open Accounts Payable RRM DESIGN GROUP $8,691.00 Invoice Date Description Amount
1832-00-1121 12/10/2021 Design Review Consultant 2021/11 $8,691.00 33255 12/17/2021 Open Accounts Payable SDI PRESENCE LLC $1,662.50 Invoice Date Description Amount
8004 11/30/2021 Strategic Planning Services - Nov. 21 $1,662.50 33256 12/17/2021 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP
$1,704.01
Invoice Date Description Amount
275133 12/13/2021 Legal Services, November 2021 $1,704.01 33257 12/17/2021 Open Accounts Payable SONITROL/PACIFIC WEST SECURITY, INC.
$10,620.00
Invoice Date Description Amount
55182 01/01/2022 Facilities - City Hall Jan-Mar 2022 $1,617.00 55183 01/01/2022 Facilities - Traffic Jan - March 2022 $339.00 55311 01/01/2022 Facilities - Library Jan - March 2022 $750.00 55312 01/01/2022 Facilities - Jan - March 2022 $1,446.00 55313 01/01/2022 Facilities - Jan - March 2022 $636.00
55314 01/01/2022 Facilities - QCC Jan - March 2022 $963.00 55315 01/01/2022 Facilities - City Hall Elevator Jan - March 2022 $102.00 55316 01/01/2022 Facilities - BBF Snack Shack Jan - March 2022 $129.00 55318 01/01/2022 Facilities - Senior Center Jan - March 2022 $162.00 55319 01/01/2022 Facilities - Rec Area Jan - March 2022 $750.00 Tuesday, December 21, 2021Pages: 6 of 8user: Vi Tran
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
55320 01/01/2022 Facilities - Creekside Park Jan - March 2022 $261.00 55321 01/01/2022 Facilities - Wilson Park Jan - March 2022 $243.00 55322 01/01/2022 Facilities - City Hall Jan - March 2021 $582.00 55323 01/01/2022 Facilities - Service Center Jan - March 2022 $813.00 55977 01/01/2022 Facilities - BBF Jan - March 2022 $261.00 55978 01/01/2022 Facilities - BBF Kiosk Jan - March 2022 $240.00 56002 01/01/2022 Facilities - BBF Cafe Jan - March 2022 $384.00 56253 01/01/2022 Facilities - Sports Center Jan - March 2022 $702.00 56238 01/01/2022 Facilities - BBF Retreat Jan - March 2022 $240.00 33258 12/17/2021 Open Accounts Payable STATEWIDE TRAFFIC SAFETY AND SIGNS
$1,779.95
Invoice Date Description Amount
05035639 11/04/2021 Streets - Aquaphalt 4.0 Bucket $1,201.82 05036012 12/14/2021 Streets - Aquaphalt Shock Absorbing Tool $578.13 33259 12/17/2021 Open Accounts Payable SUNNYVALE FORD $1,288.66 Invoice Date Description Amount
196885 11/08/2021 Fleet - Kit H1 HV $644.33
196976 11/10/2021 Fleet - Kit H1 HV $644.33
33260 12/17/2021 Open Accounts Payable TENJI INC $1,835.89 Invoice Date Description Amount
3428 11/30/2021 Facilities - Library Oct 2021 Aquarium Maintenance $1,835.89 33261 12/17/2021 Open Accounts Payable THE HARTFORD $11,409.39 Invoice Date Description Amount
656341095774 12/14/2021 December 2021 Life and AD&D Benefit $11,203.20 756341141074 12/14/2021 December 2021 $206.19
33262 12/17/2021 Open Accounts Payable VALLEY OIL COMPANY $15,392.53 Invoice Date Description Amount
95095 12/09/2021 Fleet - Fuel $15,392.53
33263 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $210.76 Invoice Date Description Amount
813734754 11/19/2021 December 2021 Vision Benefit $210.76 33264 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $2,973.88 Invoice Date Description Amount
813734747 11/19/2021 December 2021 Vision Benefit $2,973.88 33265 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $882.36 Invoice Date Description Amount
813771736 11/24/2021 December 2021 Vision Benefit $882.36 33266 12/17/2021 Open Accounts Payable WOWzy Creation Corp. dba First Place
$66.50
Invoice Date Description Amount
95135 11/15/2021 Name plates for Ayano Hattori, Ray Joseph & Birgit Werner
$66.50
Type EFT Totals: 46 Transactions $1,011,872.62
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 28 $1,774,591.95 $0.00
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $1,774,591.95 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $1,011,872.62 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $1,011,872.62 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 74 $2,786,464.57 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 74 $2,786,464.57 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 28 $1,774,591.95 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $1,774,591.95 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $1,011,872.62 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $1,011,872.62 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 74 $2,786,464.57 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 74 $2,786,464.57 $0.00
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CITY OF CUPERTINO
Agenda Item
22-10557 Agenda Date: 3/15/2022
Agenda #: 14.
Subject: Receive presentation on the City’s drone program and consider accepting accounts payable electronic funds transfer 32909 dated October 29, 2021, for the procurement of a Skydio X2E Drone Starter Kit
Adopt Resolution No. 22-034 accepting Accounts Payable for EFT 32909, dated October 29, 2021 Presenter: Adam Araza, GIS Business Systems Analyst
CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
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CITY COUNCIL STAFF REPORT
March 15, 2022
Subject
Overview of the Innovation and Technology Drone Program business case, drone selection process, thermal use case, and privacy concerns.
Recommended Action
That the City Council:
1. Adopt Resolution No. 22‐XXX accepting Accounts Payable Electronic Funds Transfer 32909 dated October 29, 2021.
2. Council to receive report.
Background
During the December 21, 2021, City Council meeting, Councilmember Moore raised some concerns regarding the purchase of a drone by the Innovation and Technology Department. This staff report and presentation outlining the business case for purchasing the drone, drone selection process, thermal use case, and privacy concerns was prepared to respond to these concerns.
Drone Business Case
The drone was purchased as part of the Innovation and Technology’s effort to create a drone program to achieve the following:
Disaster assessment. After a disaster, the ability to capture high resolution imagery quickly provides the city a valuable tool to ascertain damage, prioritize response and communicate damage visually with EOC and disaste r service workers.
Image capture for before/after analysis. This is useful for Public Works, Community Development, and Parks & Recreation projects demonstrating work progress and end results. Images can be uploaded to the City’s website and provide the Communications Department with video and photo acquisition for City branding and marketing.
Capture 3D imagery of a specific building or business areas in Cupertino.
Coupled with Drone pro
cessing software, 3D renderings of potential development sites to gain a deeper understanding of the impact of new development or future growth.
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Tree Health Assessment Pilot – The ISA (International Society of Arboriculture) recognizes two levels of tree risk assessment where the drone can be useful – Level 1 flyovers and Level 3 aerial inspections. Flyovers can be done to locate extreme hazards in an area, typically dead trees, uprooted trees and broken branches, while aerial inspections can be used to provide assessments of tree health and vitality. Roof Inspection Test Pilot – Municipalities are starting to use drones for building roof inspections. The drones fly over buildings and take photos of them after re‐roofing work has been completed to ensure the structure’s safety and quality. Inspectors then view the images taken from the drone on a computer.
Municipalities are finding this method of roof inspection process to be safer and more efficient than previous methods.
The goal is to have IT staff become skilled in automating drone flights, capturing imagery, and processing the imagery for use in the cases mentioned above. These skills will ensure pilots can fly proficiently when a disaster strikes.
Drone Selection
With growing concerns over natural disasters including wildfires, earthquakes, and floods, as well as human disasters including energy shutdowns, the City of Cupertino investigated the use of drones as a tool to aid in our emergency response.
Using drones would allow the City to safely gather situational awareness without sending staff or volunteers into high‐risk areas. Drones also allow the City to gather awareness from vantage points unreachable from the ground.
For a drone to assist in disaster response, the City wanted a drone that was lightweight, portable, and capable of autonomous flight and obstacle avoidance. These properties were determined to be key factors for efficient and safe deployments in an emergency and in the business cases stated above. The City evaluated multiple drones including the DJI Mavic Enterprise Advanced, DJI Matrice 300 RTK, Autel Evo II Dual R Drone, Altavian Galaxy R8700, Parrot Anafi Thermal, and the Skydio X2E. After meeting and researching numerous vendors and cities it was determined that the Skydio X2E was the drone that fit the business needs of the City best and was purchased with City Manager approval.
Drone Thermal Use
Thermal cameras can be used to identify heat signatures in an inspected area.
Identification of different heat signatures can prove to be useful in both disaster response as well as in inspections.
Disaster Response ‐ Drones with thermal cameras can help identify hazardous materials leaks at chemical plants or gas stations by getting a clear pict ure of the scene. This adds another degree of situational awareness that may not be possible with only the naked eye. In addition, thermal imaging drones can see 150
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through smoke, making them incredibly useful when looking for people who may have been trapped or lost in a fire situation, including wildfires and other disasters.
While thermal cameras can detect a human’s heat signature through smoke, fog, or leaves, thermal cameras cannot see through walls. An object can only be detected if its heat radiates through th
e matter in front of it. We will not be able
to hover over the top of building and identify how many people are inside, unless the roof of the building was completely off.
Infrastructure Inspections ‐ Thermal cameras can identify faults in structures including roofs and bridges. Thermal cameras are also suitable for assessing the extent of erosion on roads and bridges.
Tree Inspections ‐ Thermal cameras can be used as a tool to identify early detections of damages in trees. Thermal cameras allow for the differentiation of functional tissue from dysfunctional tissue allowing for further inspection of the vitality and health status of trees.
Drone Privacy
As per the City’s Drone policy the City’s drones will not be used to spy on its residents.
Pilots will be respectful of private space and will not deploy a drone or focus cameras where a person would have reasonable expectations of privacy such as a backyard or inside a private building. All drone deployments will have to be approved before and will have a clear and obvious use‐case.
Sustainability Impact
Besides quickly being able to assess the damage to our City after an emergency strikes with focused high‐resolution imagery, we also plan to pilot the drone for tree health assessments. In recent years, using a drone to manage tree health is becoming more common. As part of the drone program project, we plan to te st pilot the use of drones to determine the health of trees from different vantage points. In addition, the thermal camera will allow us to inspect City Facilities for any heat leaks through air loss. These inspections can help identify areas of improvement in energy conservation efforts wit hin City infrastructure.
Fiscal Impact
No additional fiscal impact. This item was already approved in the 2021 fiscal budget. _____________________________________
Prepared by: Teri Gerhardt, GIS Manager
Reviewed by: Bill Mitchell, Chief Technology Officer
Chris Jensen, City Attorney
Katy Nomura, Deputy City Manager
Approved by: Dianne Thompson, Assistant City Manager
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Attachments:
A – Small Unmanned Aircraft System (sUAS) Operations Policy B – Draft Resolution
C – Accounts Payable Report
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RESOLUTION NO. 22‐XXX
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE
AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING OCTOBER 29, 2021
WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby allow the following claim and demand in the amounts and from the funds as hereinafter set forth in the attache
d Payment Register for EFT#32909.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15
th day of March, 2022 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Resolution No. 22‐XXX
CERTIFICATION
The Administrative Services Director hereby certifies to the accuracy of said records and to the availability of funds for payment.
CERTIFIED:
Kristina Alfaro, Director of Administrative Services
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
32909 10/29/2021 Open Accounts Payable Skydio, Inc. $15,892.97 Invoice Date Description Amount
INV-34478 10/21/2021 Skydio X2E Starter Kit (5GHz, Color/Thermal) $15,892.97 Monday, November 01, 2021Pages: 1 of 1user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 10/23/2021 - To Payment Date: 10/29/2021 158
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CITY OF CUPERTINO
Agenda Item
22-10509 Agenda Date: 3/15/2022
Agenda #: 15.
Subject: 2021 General Plan Annual Report and Housing Element Annual Progress Report (APR) on forms required by the Department of Housing and Community Development (HCD) Receive 2021 General Plan Annual Report and Housing Element Annual Progress Report (APR) on forms required by the Department of Housing and Community Development (HCD) Presenter: Kerri Heusler, Housing Manager
CITY OF CUPERTINO Printed on 3/9/2022Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2022
Subject
2021 General Plan Annual Report and Housing Element Annual Progress Report (APR) on forms required by HCD
Recommended Action
Receive the reports.
Discussion
Background:
State law requires that an annual report, on or before April 1 of each year, be provided to the City Council regarding the status of the General Plan and progress in its implementation, including meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The law also requires that the report be sent to the Office of Planning and Research and Department of Housing and Community Development (HCD). (Gov. Code, § 65400(a)(2)(A) -(J).) The annual report on the Housing Element must be made using standards, forms, and definitions adopted by HCD and is therefore included as a separate Attachment B. (Gov. Code, § 65400(a)(2)(B).)
In addition to satisfying annual reporting requirements, the Annual Report helps the City Council identify Work Program items to facilitate implementation of the General Plan.
The Planning Commission reviewed the General Plan to prepare this Annual Report in November 2021 and January 2022.
Analysis:
General Plan Annual Report
The Commission reviewed the General Plan Annual report for the status of the General Plan and its implementation and provided suggestions on formatting and updating the content of the report. Attachment A incorporates the Planning Commission’s suggestions 160
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2 and comments. The list of policies and strategies in Attachment A are color coded to identify action items and indicate progress are as follows:
Items highlighted in green are action items that the City has acted on. Items in yellow are items that are currently in progress. Items highlighted in orange are identified as action items, but on which no action has been initiated.
Items highlighted in grey are ongoing implementation of policies/strategies through the City’s Municipal Code, daily activities of staff or City programs.
A high-level time frame (“Immediate” (2019-2022) or “Long Range” (2022-2040)) has been identified for the action items while the ongoing policies and strategies have been identified as being “Continual.”
Items with updates for the year 202 1 have been identified in bold in the “Comments” column and have been reviewed by the Planning Commission. These also include comments/suggestions from the Commission.
City-wide Development: The City controls development via allocation s for commercial, office, hotel and residential development. The available allocations as of 12/31/2021 are:
Development Type
Commercial Office Hotel Residential
Special Areas
Heart of the City 839,994 s.f. 17,113 s.f. 122 218
Vallco Shopping District 1,122,774 s.f. 191 0
Homestead 150
N. De Anza 97
N. Vallco
S. De Anza
Bubb
Monta Vista 4,657 s.f. 13,595 s.f. 47
All Other Areas
Other 68
Major Employer 523,118 s.f.
Total citywide Available 1,967,425 s.f. 553,826 s.f. 313 rooms 580 units The citywide commercial allocation increased in 2021 due to the demolition of the Oaks Shopping Center. There is primarily office allocation available for major employers to expand buildings in the city. Finally, since the Marina Plaza project expired in 2021, the allocations assigned to that project were added into the development allocation – this included allocation of hotel rooms, residential units and commercial allocation. 161
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3 The 6th Cycle Housing Element update for the 2023 -2031 period is underway. The City’s Regional Housing Needs Allocation (RHNA) is 4,588 units. An increase to the residential allocation may be necessary in conjunction with the Housing Element update to ensure adequate capacity in the General Plan.
General Plan Annual Housing Element Progress Report (APR) The APR is a required report on the status of the City’s housing programs. Pursuant to Government Code Section 65400 local governments must provide each year the annual report for the previous calendar to the legislat ive body, the Office of Planning and Research (OPR), and HCD. The City submitted the 2021 APR to OPR and HCD on March 7, in advance of the April 1, 2022 deadline.
In past years, the APR focused on building permits issued for new housing units broken down by affordability level, the City’s progress towards meeting its Regional Housing Needs Allocation (RHNA), and the City’s progress towards implementing its Housing Element programs. However, the reporting requirements significantly increased in 2019 pursuant to Chapter 374 Statutes of 2017 (Assembly Bill 879) and Chapter 366, Statutes of 2017 (Senate Bill 35) . This APR includes additional information to meet those requirements. Staff will provide a presentation at the City Council’s March 15 meeting with a summary of the City’s RHNA progress and the updated reporting requirements.
The 2021 HCD APR will be presented to Planning Commission on March 23, 2022.
The following provides an overview of the information required in the APR.
Table A- Housing Development Applications Submitted
Includes data on housing units and developments for applications submitted and deemed complete. An “application” is a formal submittal of a project for approval, either for a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right), the application for a building permit. The City reported one development application for the Coach House Property, a mixed use project with a total of 34 units.
Table A2- Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
This table requires information for very-low, low, moderate and above-moderate income housing and for mixed-income projects. This includes data on net new housing units and developments th at have received an entitlement, a building permit or a certificate of occupancy, or other form of readiness.
Table B- RHNA Progress – Permitted Units by Affordability This is an auto -populated summary of prior permitting activity in the current planning cycle, including permitting activity for 2021.
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4 Table C- Sites Identified or Rezoned to Accommodate Shortfall Housing Need Reporting is required when a city or county identified an unaccommodated need of sites from the previous planning period. Cupertino has more than sufficient sites zoned to accommodate RHNA numbers.
Table D- Program Implementation Status
This is detailed information on the status and progress of Housing Element program and policy implementation for all programs described in the Housing Element. Cupertino is currently implementing all 26 programs and policies in the Housing Element.
Table E- Commercial Development Bonus Approved
Reporting is required if jurisdiction has approved any commercial development bonuses during the reporting year. The City did not approve any commercial development bonuses in 2021.
Table F- Units Rehabilitated, Preserved and Acquired for Alternate Adequate Sites This section reports units that have been substantially rehabilitated, converted from non- affordable to affordable by acquisition, and preserved. Projects must be mentioned in Housing Element as a program specific site to be listed. This is not applicable to Cupertino because specific sites are not included in the Housing Element ; however, the City has gone beyond the Housing Element and provided $1,400, 050 in loans/grants for rehabilitation projects from 2014 – 2021. In 2021, the City provided $ 222,971.72 in Community Development Block Grant (CDBG) funding to West Valley Community Services for the Vista Village Rehabilitation Project.
Table G- Locally Owned Lands included in Housing Element Sites Inventory This is a report of sites that are owned by the re porting jurisdiction and have been sold, leased, or otherwise disposed of during the reporting year. Sites must be included in the Housing Element Sites Inventory. No such sites are located within the City of Cupertino.
Table H- Locally Owned Surplus Sites Inventory (NEW)
This is an inventory of surplus lands, and all lands in excess of its foreseeable needs, if any, located in all urbanized areas and urban clusters. This is not applicable to Cupertino, since there are no sites identified as surplus lands within the City.
Fiscal Impacts
None.
Next Steps
The General Plan Annual Report for the calendar year 2021 will be complete upon Council’s receipt of this report.
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5 Prepared by: Piu Ghosh, Planning Manager
Kerri Heusler, Housing Manager
Reviewed by: Benjamin Fu, Director of Community Development Approved for Submission by: Dianne Thompson, Assistant City Manager
Attachments:
A - General Plan Annual Report
B - General Plan Annual Housing Element Progress Report
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Topic Policy/
Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
BALANCED
COMMUNITY Policy LU‐1.1 Land Use and
Transportation
The City shall focus higher land use intensities and densities within half–mile of public transit service, and along major corridors.
Community
Development – Planning General Fund Con.
Not an action item. Public Transit Service
does not inclu de rideshare services such as
VIA, Lyft and Uber.
BALANCED
COMMUNITY Policy LU‐1.2 Development
Allocation
Maintain and update the development allocation table (Table LU‐1) to ensure that the allocations for various land uses adequately meet city goals.
Community
Development – Planning General Fund Con.
Not an action item. The General Plan
amended in Sept. 2019 to eliminate office
allocation and complete all rezoning
required to comply wi
th the Housing
Element. No changes to allocation are
anticipated in 2020 were made in 2020 or
2021.
BALANCED
COMMUNITY
Strategy LU‐
1.2.1 Planning Area
Allocations
Development allocations are assigned for various Planning Areas. However, some flexibility may be allowed for transferring allocations among Planning Areas provided no significant environmental impacts are identified beyond those already studied in the Environmental Impact Report (EIR) for Community Visio
n 2040.
Community
Development – Planning General Fund Con. Not an action item.Employee generation for office uses is assigned at 300 s.f./employee;
BALANCED
COMMUNITY
Strategy LU‐
1.2.2 Major Employers
Reserve a development allocation for major companies with sales office and corporate headquarters in Cupertino. Prioritize expansion of office space for existing major companies. New office development must demonstrate that the development positively contributes to the fiscal w ell–being of the city.
Community
Development – Planning General Fund Con.
Not an action item. The available allocations
as of 12/31/2020 are as follows:
1. Heart of the City:
Commercial: 839,994 s.f.
Office: 17,113 s.f.
Hotel Rooms: 122
Residential: 218
2. Vallco Shopping District:
Commercial: 1,122,774 s.f.
Hotel Rooms: 191
3. Homestead:
Residential: 150
4. N. De Anza:
Residential: 97
5. N. Vallco: None
6. S. De Anza: None
7. Bubb: None
8. Monta Vista:
Commercial: 4,657 s.f.
Office: 13,595 s.f.
Residential: 47
9. Other:
Residential: 94
10. Major Employers:
Office: 523 118 sf
Ongoing = Grey, Completed = Green, In‐Progress = Yellow , Pending = Orange Timeframe: Immediate (2019‐2022) = IM, Long Range (2022‐2040) = LR, Continual = Con 165
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Topic Policy/
Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
BALANCED
COMMUNITY
Strategy LU‐
1.2.3 Unused Development
Allocation
Unused development allocations may be re–assigned to the citywide allocation table per Planning Area, when development agreements and development permits expire.
Community
Development – Planning General Fund Con. Not an action item. This is routinely done as projects expire.
BALANCED
COMMUNITY
Strategy LU‐
1.2.4 Neighborhood
Allocation
Allocate residential uni ts in neighborhoods through the building permit process unless subdivision or development applications are required.
Community
Development – Planning General Fund Con. Not an action item. This is routinely done with project review.
BALANCED
COMMUNITY Policy LU‐1.3
Land Use in All
Citywide Mixed–Use
Districts
Encourage land uses that support the activity and character of mixed–use districts and economic goals. Community Development – Planning General Fund Con.
Not an action item. Information provided as
and when applicants/property owners
approach city
BALANCED
COMMUNITY
Strategy LU‐
1.3.1 Commercial and
Residential Uses
Review the placement of commercial and residential uses based on the following criteria:
1. All mixed–use areas with commercial zoning will require retail as a substantial component. The North De Anza Special Area is an exception.
2. Al
l mixed–use residential projects should be designed on the “mixed–use village” concept discussed earlier in this Element.
3. On sites with a mixed–use residential designation, residential is a permitted use only on Housing Element sites and in the Monta Vista Village Special Area.
4. C
onditional use permits will be required on mixed–use Housing Element sites that propose units above the allocation in the Housing Element, and on non–Housing Element mixed–use sites.
Community
Development – Planning General Fund Con.
Not an action item. This is reviewed with
project review. Consider capturing changes
to state law in the future.
BALANCED
COMMUNITY
Strategy LU‐
1.3.2 Pu
blic and
Quasi–Public Uses
Review the placement of public and quasi–public activities in limited areas in mixed–use commercial and office zones when the following criteria are met:
1. The proposed use is generally in keeping with the goals for the Planning Area, has similar patterns of traffic, population or circulation of use
s with the area and does not disrupt the operation of existing uses.
2. The building form is similar to buildings in the area (commercial or office forms). In commercial areas, the building should maintain a commercial interface by providing retail activity, storefront appearance or other design considerations in keeping wi
th the goals of the Planning Area.
Community
Development – Planning General Fund Con.
Not an action item. Information provided as
and when applicants/property owners
approach city and reviewed in conjunction
with discretionary project review/approval
BALANCED
COMMUNITY Policy LU‐1.4 Parcel Assembly Encourage parcel assembly and discourage parcelization to ensu re that infill development meets City standards and provides adequate buffers to neighborhoods.
Community
Development – Planning General Fund Con.
Not an action item. The Council adopted an
urgency ordinance to allow parcelization
and the development of duplex
developments in single family zoning
areas on 12/21/2021. A regular ordinance
will be presented for the Planning
Commission and City Councilʹs
consideration in 2022.
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Topic Policy/
Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
BALANCED
COMMUNITY Policy LU‐1.5 Community Health
Through Land Use Promote community health through land use and design. Community Development – Planning
General Fund,
Grants IM
In late 2019, Council adopted new limits on
storefront signage advertising tobacco sales
and a ban on:
* Flavored tobacco sales,
* New tobacco retailers within 1,000 feet of a
school or 500 feet of an existing tobacco
retailer,
* sales at pharmacies and vending machines.
The Counci
l adopted a ban on all vaping
products and smoking in multifamily
developments in June 2021.
BALANCED
COMMUNITY Policy LU‐1.6 Jobs/Housing Balance Strive for a more balanced ratio of jobs and housing units. Community Development – Planning
General Fund,
Grants Con.
Not an action item. The General Plan
amended in September 2019 to eliminate
office allocation and complete all rezoning to
comply wi th Housing Element. Worthy for
the City to strive to ʺseek a balanceʺ as
opposed to using a numerical ʺratio.ʺ
COMMUNITY
IDENTITY Policy LU‐2.1 Gateways
Implement a gateway plan for the City’s entry points (Figure LU–1) and identify locations and design guidelines for gateway features. Look for opportunities to reflect the gateway concept when properties adjacent to defined gateways are redeveloped.
Public Works –
Engineering and
Transportation
General Fund,
Development
fees
Con.
No action is needed at this time. Gateway
signs are installed through the Capi tal
Improvements Project or through
development review.
COMMUNITY
IDENTITY Policy LU‐2.2 Pedestrian–Oriented
Public Spaces
Require development to incorporate pedestrian–scaled elements along the street and within the development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining and public art.
Community
Development – Planning
General Fund,
Development
fees
Con. Not an action item.
SITE AND BUILDING
DESIGN Policy LU‐3.1 Site Planning
Ensure that project sites are planned appropriately to create a network of connected internal street that improve pedestrian and bicycle access, provide public open space and building layouts that support city goals related to streetscape character for various Planning Areas and corridors.
Community
Development –
Planning; Pu blic Works –
Development Services
and Transportation
General Fund,
Development
Fees
Con. Not an action item.
SITE AND BUILDING
DESIGN Policy LU‐3.2 Building Heights and
Setback Ratios
Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU–2). As indicated in the figure, taller heights are focused on major corridors, gateways and nodes. Setback ratios are established to ensu
re that the desired relationship of buildings to the street is achieved.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. The City adopted minor
changes to Figure LU‐2 to clarify language
in October 2021.
SITE AND BUILDING
DESIGN Policy LU‐3.3 Building Design Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity.
Community
Development – Planning
General Fund,
Development
Fees
IM
Not an action item. Reviewed in conjunction
with discretionary project review/approval.
Work Program item for objective design
guidelines underway.
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Topic Policy/
Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.1 Attractive Design
Emphasize attractive building and site design by paying careful attention to building scale, mass, placement, architecture, materials, landscaping, screening of equipment, loading areas, signage and other design considerations.
Community
Development – Planning
General Fund,
Development
Fees
IM
Not an action item. Reviewed in conjunction
with discretionary project review/approval.
Work Program item for ob
jective design
guidelines underway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.2 Mass and Scale Ensure that the scale and interrelationships of new and old development complement each other.
Buildings should be grouped to create a feeling of spatial utility.
Community
Development – Planning
General Fund,
Development
Fees
IM
Not an action item. Currently implemented
via the discretionary design review process,
Municipal Code and Specific Plans. Work
Program item for ob
jective design guidelines
underway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.3 Transitions
Buildings should be designed to avoid abrupt transitions with existing development, whether they are adjacent or across the street. Consider reduced heights, buffers and/or landscaping to transition to residential and/or low–intensity uses in order to reduce visual and privacy impacts.
Community
Development – Planning
General Fund,
Development
Fees
IM
Not an action item. Currently implemented
via the discretionary design review process,
Municipal Code and Specific Plans. Work
Program item for ob
jective design guidelines
underway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.4 Compatibility Ensure that the floor area ratios of multi–family residential developments are compatible with buildings in the surrounding area. Include a mix of unit types and avoid excessively large units.
Community
Development – Planning
General Fund,
Development
Fees
IM
Work Program related to a study session on
development standards for Mixed Use
developments unde
rway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.5 Building Location Encourage building location and entries closer to the street while meeting appropriate landscaping and setback requirements.
Community
Development – Planning
General Fund,
Development
Fees
IM
Not an action item. Currently implemented
via the discretionary design review process,
Municipal Code and Specific Plans. Work
Program item for ob
jective design guidelines
underway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.6 Architecture and
Articulation
Promote high–quality architecture, appropriate building articulation and use of special materials and architectural detailing to enhance visual interest.
Community
Development – Planning
General Fund,
Development
Fees
IM
Not an action item. Reviewed in conjunction
with project review/approval. Work
Program item for objective design guidelines
unde
rway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.7 Street Interface
Ensure development enhances pedestrian activity by providing active uses within mixed–use areas and appropriate design features within residential areas along a majority of the buildng frontage facing the street. Mixed–use development should include retail, restaurant, outdoor dining, main entries, etc.
Residential development should inclu de main entrances, lobbies, front stoops and porches, open space and other similar features.
Community
Development – Planning
General Fund,
Development
Fees
IM
Not an action item. Reviewed in conjunction
with project review/ approval. Work
Program item for objective design guidelines
underway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.8 Drive–up Services
Allow drive–up service facility only when adequate circulation, parking, noise control, architectural features and landscaping are compatible wi
th the expectations of the Planning Area, and when residential areas are visually buffered. Prohibit drive–up services in areas where pedestrian–oriented activity and design are highly encouraged, such as Heart of the City, North De Anza Boulevard, Monta Vista Village and neighborhood centers.
Community
Development – Planning
General Fund,
Development
Fees
Con. Not an action item. Information provided
upon request.
Ongoing = Grey, Completed = Green, In‐Progress = Yellow , Pending = Orange Timeframe: Immediate (2019‐2022) = IM, Long Range (2022‐2040) = LR, Continual = Con 168
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Topic Policy/
Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.9 Specific and
Conceptual Plans
Maintain and update Specific/Conceptual plans and design guidelines for Special Areas such as Heart of the City, Crossroads, Homestead Corridor, Vallco Shopping District, North and South De Anza corridors and Monta Vista Village.
Community
Development – Planning General Fund IM
Update undertaken when directed to at
Counci
l discretion as part of Work Program.
Plans implemented through project
review/approval.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.10 Entrances In multi–family projects where residential uses may front on streets, require pedestrian–scaled elements such as entries, stoops and porches along the street.
Community
Development – Planning
Development
Fees IM
Not an action item. Reviewed in conjunction
wi
th project review/ approval. Work
Program item for objective design guidelines
underway.
SITE AND BUILDING
DESIGN
Strategy LU‐
3.3.11 Multiple–Story
Buildings and
Residential Districts
Allow construction of multiple–story buildings if it is found that nearby residential districts will not suffer from privacy intrusion or be overwhelmed by the scale of a bu ilding or group of buildings.
Community
Development – Planning
Development
Fees IM
Not an action item. Reviewed in conjunction
with project review/ approval. Work
Program item for objective design guidelines
underway.
STREETSCAPE DESIGN Policy LU‐4.1 Street and Sidewalks Ensure that the design of streets, sidewalks and pedestrian and bicycle amenities are consistent wi th the vision for each Planning Area and Complete Streets policies.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing implemention
via land use plan streetscape requirements
(Heart of the City, N. De Anza, Monta Vista
Design Guidelines etc.)
STREETSCAPE DESIGN Policy LU‐4.2 Street Trees and
Landscaping
Ensure that tree planting and landscaping along streets visu ally enhances the streetscape and is consistent
for the vision for each Planning Area (Special Areas and Neighborhoods):
1. Maximize street tree planting along arterial street frontages between buildings and/or parking lots.
2. Provide enhanced landscaping at the corners of all arterial intersections.
3. Enhance major arterials and connectors wi
th landscaped medians to enhance their visual character and serve as traffic calming devices.
4. Develop uniform tree planting plans for arterials, connectors and neighborhood streets consistent with the vision for the Planning Area.
5. Landscape urban areas with formal planting arrangements.
Provide a transition to rural and semi–rural areas in the Ci ty, generally west of Highway 85.
Public Works – Service
Center
General Fund,
Development
Fees
Con.
Not an action item. Ongoing implemention
via land use plan streetscape requirements
(Heart of the City, N. De Anza, Monta Vista
Design Guidelines etc.) and via Public
Works policies related to street tree planting.
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Source(s) Timeframe Comment
CONNECTIVITY Policy LU‐5.1 Neighborhood
Centers
Retain and enhance local neighborhood shopping centers and improve pedestrian and bicycle access to neighborhoods to improve access to goods and services.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Information provided as
and when applicants/property owners
approach city and reviewed in conjunction
wi
th discretionary project review/approval
CONNECTIVITY Policy LU‐5.2 Mixed–Use Villages
Where housing is allowed along major corridors or neighborhood commercial areas, development should promote mixed–use villages with active ground–floor uses and public space. The development should help create an inviting pedestrian environment and activity center that can serve adjoining neighborhoods and businesses.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in conjunction
wi th project review/approval and applicable
land use plans (Heart of the City etc.) Work
Program item related to objective design
guidelines underway.
CONNECTIVITY Policy LU‐5.3 Enhance Connections Look for opportunities to enhance publicly–accessible pedestrian and bicycle connections with new development or redevelopment.
Community
Development –
Planning; Pu blic Works –
Development Services
and Transportation.
General Fund,
Development
Fees
Con. Not an action item. Reviewed in conjunction
with project review/ approval.
HISTORIC
PRESERVATION Policy LU‐6.1 Historic Preservation
Maintain and update an inventory of historically significant structures and sites in order to protect resources and promote awareness of the city’s history in the following four categories: Historic Sites, Commemorative Sites, Community Landmarks, and Historic Mention sites (Figure LU–3).
Community
Development – Planning General Fund
Con. Not an action item. Inventory completed.
Maintained in General Plan.
HISTORIC
PRESERVATION Policy LU‐6.2 Historic Sites Projects on Historic Sites shall meet the Secretary of Interior Standards for Treatment of Historic Properties.
Community
Development –
Planning, Community
Development – Bu ilding
General Fund,
Development
Fees
Con. Not an action item. Reviewed in conjunction
with project review/approval.
HISTORIC
PRESERVATION Policy LU‐6.3
Historic Sites,
Commemorative Sies
and Community
Landmarks
Projects on Historic Sites, Commemorative Sites and Community Landmarks shall provide a plaque, reader board and/or other educational tools on the site to explain the historic significance of the resource.
The plaque shall inclu
de the city seal, name of resource, date it was built, a written description and photograph. The plaque shall be placed in a location where the public can view the information.
Community
Development –
Planning, Community
Development – Building
General Fund,
Development
Fees
Con. Not an action item. Reviewed in conjunction
wi th project review/approval.
HISTORIC
PRESERVATION Policy LU‐6.4 Public Access
Coordinate with property owners of public and quasi–public sites to allow public access of Historic and Commemorative Sites to foster public awareness and education. Private property owners will be highly encouraged, but not required, to provide pu blic access to Historic and Commemorative Sites.
Community
Development –
Planning, Public Works –
Development Services
and Transportation
General Fund,
Development
Fees
Con. Not an action item. Reviewed in conjunction
with project review/approval.
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Source(s) Timeframe Comment
HISTORIC
PRESERVATION Policy LU‐6.5 Historic Mention Sites
There are sites outside the City’s jurisdiction that have contributed to the City’s history. Work with agencies that have jurisdiction over the historical resource to encourage adaptive reuse and rehabilitation and provide public access and plaques to foster public awareness and education.
City Manager General Fund Con.
Not an action item. When opportunities
arise, provide comments to neighboring
agencies regarding this.
HISTORIC
PRESERVATION Policy LU‐6.6
Incentives for
Preservation of
Historic Resources
U
tilize a variety of techniques to serve as incentives to foster the preservation and rehabilitation of Historic Resources including:
1. Allow flexible interpretation of the zoning ordinance not essential to pu blic health and safety. This could include land use, parking requirements and/or setback requirements.
2. Use the California Historical Building Codes standards for rehabilitation of historic structures.
3. Tax rebates (Mills Act or Local tax rebates).
4. Financial incentives such as grants/loans to assist rehabilitation efforts.
Community
Development –
Planning, Community
Development – Bu
ilding;
Parks and Recreation –
Park Improvement;
Public Works – Capital
Improvements
General Fund,
Development
Fees
Con.
Not an action item. Information provided
when a project applicant/property
information proposes a project.
HISTORIC
PRESERVATION Policy LU‐6.7 Heritage Trees Protect and maintain the city’s heritage trees in a healthy state.
Community
Development –
Planning, Pu
blic Works –
Service Center
General Fund,
Development
Fees
Con.
Not an action item. Ongoing implemention
via Strategies LU‐6.7.1 and project review by
the Planning Division. Heritage trees within
public property maintained by the Street
Tree Division. Heritage Tree list may need
to be updated to remove several trees
removed over the years due to
disease/natural causes.
HISTORIC
PRESERVATION
Strategy LU‐
6.7.1 Heritage Tree List Establish and periodically revise a heritage tree list that inclu des trees of importance to the community. Community
Development – Planning General Fund Con.
Not an action item. List maintained by the
GIS division and available on the Cityʹs GIS
portal wi
th support provided by the
Planning Division. Heritage Tree list may
need to be updated to remove several trees
removed over the years due to
disease/natural causes.
HISTORIC
PRESERVATION Policy LU‐6.8 Cultural Resources Promote education related to the City’s history through public art in public and private developments.
Community
Development –
Planning, Pu
blic Works –
Capital Improvements
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via public art
review/approval by the Fine Arts
Commission. In 2021, the FAC approved the
acceptance of in‐lieu fees for public art for
the Public Storage development.
ARTS AND CULTURE Policy LU‐7.1 Public Art Stimulate opportunities for the arts through development and cooperation with agencies and the business community.
Community
Development – Planning General Fund Con.
Not an action item. Ongoing
implementation via public art
review/approval by the Fine Arts
Commission in compliance with the
Municipal Code.
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ARTS AND CULTURE Strategy LU‐
7.1.1 Public Art Ordinance Maintain and update an ordinance requiring public art in public as well as private projects of a certain size.
Community
Development – Planning General Fund IM
Ordinance update completed in 2018.
Ongoing implementation via project review/
approval.
ARTS AND CULTURE Strategy LU‐
7.1.2 Gateways Promote placement of visib le artwork in gateways to the city.
Public Works – Capital
Improvements and
Development Services;
Community
Development – Planning
General Fund Con. Not an action item. Ongoing
implementation via project review/approval.
ARTS AND CULTURE Strategy LU‐
7.1.3 Artist Workplace Encourage the development of artist workspace, such as live/work units, in appropriate location in the city.
Community
Development – Planning General Fund Con.
Not an action item. Ongoing
implementation via project review/
approval. One live/work project approved
on Foothill Blvd in 2015.
FISCAL STABILITY Policy LU‐8.1 Fiscal Impacts Evaluate fiscal impacts of converting office/commercial ues to residential use, while ensuring that the City meets regional housing requirements.
Community
Development – Planning
General Fund,
Development
Fees
Con. Not an action item. Ongoing
implementation via project review/approval.
FISCAL STABILITY Policy LU‐8.2
Land Use Encourage land uses that generate City revenue.
City Manager –
Economic Development;
Community
Development –
Planning;
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via discretionary project
review/approval. Present revenue
generation by land use wi th project review.
FISCAL STABILITY Strategy LU‐
8.2.1 Fiscal Impacts Evaluate fiscal impacts of converting office/commercial uses to residential use, while ensuring that the City meets regional housing requirements.
Community
Development – Planning
General Fund,
Development
Fees
Con. Not an action item. Ongoing
implementation via project review/approval.
FISCAL STABILITY Policy LU‐8.3 Incentives for
Reinvestment Provide incentives for reinvestment in existing, older commercial areas. Ci ty Manager – Economic Development General Fund LR No action has been taken/directed by the City Council regarding this item.
FISCAL STABILITY Strategy LU‐
8.3.1 Mixed Use
Consider mixed–use (office, commercial, residential) in certain commercial areas to encourage reinvestment and revitalization of sales–tax producing use s, when reviewing sites for regional housing requirements.
Community
Development –
Planning; City Manager
– Economic
Development
General Fund Con. Not an action item. Will be reviewed in conjunction with Housing Element update.
FISCAL STABILITY Strategy LU‐
8.3.2 Shared or Reduced
Parking
Consider shared or reduced parking, where appropriate as incentives to construct new commercial and mixed–use development, while increasing opportunities for other modes of transportation.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. The Municipal Code has
shared parking standards whi ch are
implemented during project review
(implementation of Transportation Demand
Management strategies via environmental
review)
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FISCAL STABILITY Strategy LU‐
8.3.3 Infrastructure and
Streetscape
Improvements
Consider infrastructure and streetscape improvements in areas, such as the Crossroads or South Vallco area to encourage redevelopment as a pedestrian–oriented area that meets community design goals.
Community
Development –
Planning; Public Works –
Development Services,
Capital Improvements
and Service Center
General Fund Con.
Not an action item. Implemented via the
Capi
tal Improvement Program at the
Councilʹs discretion/direction.
FISCAL STABILITY Strategy LU‐
8.3.4 High Sales–Tax
Producing Retail Use
Consider locations for high sales–tax producing retail uses (such as life–style and hybrid commodity–specialty centers) provided the development is compatible with the surrounding area in terms of building scale and traffic.
Ci
ty Manager –
Economic Development General Fund LR
Continuing implementation. Several
attempts have been made to identify a
suitable location for a Costco. However, one
has not been identified.
FISCAL STABILITY Policy LU‐8.4 Property Acquisition Maximize revenue from City–owned land and resources, and ensure that the City’s land acquisition strategy is balanced wi th revenues.
Public Works –
Development Services
and Capital
Improvements
General Fund Con.
Ongoing implemetation by annual review of
fees and services provided. Cost benefit
analysis of land acquisition is provided to
City Council for its decisions.
FISCAL STABILITY Policy LU‐8.5 Efficient Operations Plan land use and design projects to allow the City to maintain efficient operations in the delivery of services including, community centers, parks, roads, and storm drainage, and other infrastructure.
Community
Development – Planning General Fund Con.
Not an action item. Will be reviewed at the
next Housing Element update and ongoing
implementation via project review/approval.
ECONOMIC
DEVELOPMENT Policy LU‐9.1 Collaboration With
Business Community
Collaborate wi
th the business community to facilitate growth, development and infrastructure improvements that benefit residents and businesses.
City Manager –
Economic Development General Fund Con.
Ongoing implementation via partnerships
with Apple and other businesses in
Cupertino. Apple contributed ~$9.8 million
for bicycle improvements in the Ci
ty in 2019.
ECONOMIC
DEVELOPMENT
Strategy LU‐
9.1.1 Economic
Development Strategy
Plan
Create and periodically update an Economic Development Strategy Plan in order to ensure the City’s long–term fiscal health and stability and to make Cupertino an attractive place to live, work and play.
Ci
ty Manager –
Economic Development General Fund IM
Economic Development Strategic Plan
adopted in 2016. EDSP action items (Mobile
Vendors) implementation ongoing. A new
Economic Development Strategic Plan will
be developed for implementation in FY 22‐
23. Local economy market analysis will
begin this fiscal year and will serve as the
foundation for the Strategy.
ECONOMIC
DEVELOPMENT
Strategy LU‐
9.1.2 Partnerships Create partnerships between the City and other public, and private and non–profit organizations to provide improvements and services that benefit the community. Ci ty Manager General Fund Con.
Ongoing implementation. The VIA shuttle
program is one such program. The shuttle
program is currently on hold due to the
COVID restrictions.Small Business
Saturday is a recent example of the first‐
ever partnership between the City,
Chamber and Cupertino Library to bring
attention to the benefits of small
businesses in the communtiy.
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ECONOMIC
DEVELOPMENT
Strategy LU‐
9.1.3 Economic
Development and
Business Retention
Encourage new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality and enhance the City’s physical environment.
City Manager –
Economic Development General Fund Con.
Ongoing implementation via outreach into
the business community, collaboration and
engagementcontinuous dialogue with the
business community, strengthening exisitng
partnerships and froming new ones, as well
as outreach and engagement.
ECONOMIC
DEVELOPMENT
Strategy LU‐
9.1.4 Regulations
Periodically review and update land use and zoning requirements for retail, commercial and office development in order to attract high–quality sales–tax producing businesses and services, while adapting to the fast–changing retail, commercial and office environment.
Community
Development – Planning General Fund
Con.
Ongoing implementation via the Cityʹs
Work Progam at the Councilʹs
direction/discretion.
ECONOMIC
DEVELOPMENT
Strategy LU‐
9.1.5 Incubator Work Space Encourage the development of flexible and affordable incubator work space for start–ups and new and emerging technologies.
Community
Development – Planning
and Ci
ty Manager –
Economic Development
General Fund Con. Ongoing implementation via discretionary project review/approval.
ECONOMIC
DEVELOPMENT
Strategy LU‐
9.1.6 Development Review
Provide efficient and timely review of development proposals, while maintaining quality standards in accordance with city codes. Look for a solution–based approach to problems while being responsive to community concerns while promote positive communication among parties.
Community
Development – Planning
and Bu ilding
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via project review/approval
and building plan check.
ECONOMIC
DEVELOPMENT Policy LU‐9.2 Work Environment Encourage the design of projects to take into account the well–being and health of employees and the fast–changing work environment.
Community
Development – Planning
and Bu ilding, Public
Works – Transportation
General Fund Con.
Public Works is implementing elements of
the pedestrian and bicycle master plans to
promote healthier alternative forms of
transportation.
ECONOMIC
DEVELOPMENT
Strategy LU‐
9.2.1 Local Amenities Encourage office development to locate in areas where workers can walk or bike to services such as shopping and restaurants, and to provide w
alking and bicycling connections to services.
Community
Development – Planning
and Economic
Development
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation in conjunction with Land
Use Element updates and project
review/approval.
ECONOMIC
DEVELOPMENT
Strategy LU‐
9.2.2 Workplace Policies Encourage public and private employers to provide workplace policies that enhance and improve the health and well–being of their employees. City Manager General Fund Con.
Not an action item. PC recommends that the
health policies be updated for generix
pandemic policies related to employee
density and common areas bu t not policies
specific to COVID.
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REGIONAL
COOPERATION AND
COORDINATION
Policy LU‐10.1 Regional Decisions
Coordinate with regional and local agencies on planning, transportation, economic development and sustainability issues to ensure that the decisions improve fiscal health and the quality of life for Cupertino residents and businesses
Community
Development –
Planning; and City
Manager – Economic
Development; Public
Works – Transportation
and Environmental
Programs; Ci
ty Manager
– Sustainability
General Fund Con.
Not an action item. Staff participates in
Regional task forces, working groups and
advisory groups to ensure local points of
view are represented.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU‐10.2 Regional Planning
Coordination Review regional planning documents prior to making decisions at the local level.
Community
Development –
Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing implemenation
in conjunction wi th General Plan updates
and project review/approval.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU‐10.3 Neighboring
Jurisdictions Collaborate with neighboring jurisdictions on issues of mutual interest. City Manager General Fund Con.
Not an action item. Ongoing implemetation
by participating in Regional task forces,
worki
ng groups and advisory groups to
ensure local points of view are represented.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU‐10.4 Urban Service Area Work with neighboring jurisdictions to create boundaries that are defined by logical municipal service areas. City Manager General Fund Con.
Not an action item. The City works with
LAFCO to determine these bo
undaries. The
City has acquired property to form a new
park at the eastern border of the City. (near
Rancho Rinconada ‐ abutting Lawrence
Expwy) Annexation proceedings are
ongoing.
REGIONAL
COOPERATION AND
COORDINATION
Strategy LU‐
10.4.1 Tax Sharing
Agreements
Consider entering into tax–sharing agreements with adjacent jurisdictions in order to facilitate desired bo
undary realignments. City Manager General Fund LR No action has been taken with regard to tax‐ sharing agreements.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU‐10.5 Annexation
Actively pursue the annexation of unincorporated properties within the City’s urban service area, including the Creston neighborhoods, which will be annexed on a parcel–by–parcel basis with new development. Other remaining uni
ncorporated islands will be annexed as determined by the City Council.
Community
Development –
Planning, Public Works –
Development Services
General Fund Con.
Not an action item. LAFCO encourages the
annexation of all county pockets. Ongoing
implementation of this, as and when,
properties are available for annexation.
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ACCESS TO
COMMUNITY
FACILITIES AND
SERVICES
Policy LU‐11.1 Connectivity
Create pedestrian and bicycle access between new developments and community facilities. Review existing neighborhood circulation to improve safety and access for students to walk and bike to schools, parks, and community facilities such as the library.
Community
Development –
Planning, Public Works –
Development Services
and Transportation
General Fund Con.
No action required at this time. Ongoing
implemenation via implementation of the
Bicycle and Pedestrian Master Plans and
during project review/approval.
ACCESS TO
COMMUNITY
FACILITIES AND
SERVICES
Policy LU‐11.2 De Anza College
Allow land uses not traditionally considered part of a college to be built at De Anza College, provided such use
s integrate the campus into the community, provide facilities and services not offered in the City and/or alleviate impacts created by the college.
City Manager General Fund Con.
Not an action item. Staff supports the
incorporation of such uses as the
opportunity presents itself; however, the
City does not have land use or permitting
authority over state facilities.
HILLSIDES Policy LU‐12.1
Land Use Regulations Establish and maintain building and development standards for hillsides that ensure hillside protection.
Community
Development – Planning
and Building, Public
Works – Development
Services
General Fund Con.
Not an action item. Ongoing
implementation via the Municipal Code and
project review/approval. These policies are
now also implemented through the Cityʹs
Urgency Ordinance related to SB 9
development. Expected to carry through in
the regular ordinance to be adopted in
2022.
HILLSIDES Strategy LU‐
12.1.1 Ordinance and
Development Review
Through bu
ilding regulations and development review, limit development on ridgelines, hazardous geological areas and steep slopes. Control colors and materials and minimize the illu mination of outdoor lighting. Reduce visible building mass with measures including, stepping structures down the hillside, following natural contours, and limiting the height and mass of the wall plane facing the valley floor.
Community
Development – Planning
and Building, Public
Works – Development
Services
General Fund Con.
Not an action item. Ongoing
implementation via the Municipal Code
during project review/approval. These
policies are now also implemented through
the Cityʹs Urgency Ordinance related to SB
9 development. Expected to carry through
in the regular ordinance to be adopted in
2022.
HILLSIDES Strategy LU‐
12.1.2 Slope–Density
Formula
Apply a slope–density formula to very low intensity residential development in the hillsides. Density shall be calculated based on the foothill modified, foothill modified 1/2 acre and the 5–20 acre slope density formula. Actual lot sizes and development areas w ill be determined through zoning ordinances,
clustering and identification of significant natural features and geological constraints.
Community
Development – Planning General Fund
Con.
Not an action item. Ongoing
implementation via Appendix F of the
General Plan and the Land Use Map. Does
not apply to SB 9 subdivisions.
HILLSIDES Strategy LU‐
12.1.3 1976 General Plan –
Previously
Designated Very Low
Density: Semi–Rural
5–Acre
Properties previously designated Very Low–Density Residential: Semi–Rural 5–Acre per the 1976 General Plan may be su
bdivided using that formula. Properties that have already been since subdivided in conformance with the above designation have no further subdivision potential for residential purposes.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. All properties within
this category have now sub‐divided. And no
other potential for further su
bdivision exists,
except for subdivisions authorized under
SB 9.
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HILLSIDES Strategy LU‐
12.1.4 Existing Lots in
Foothill Modified and
Foothill Modified
1/2–Acre Slope
Density Designations
Require discretionary review with a hillside exception for hillside or R1 properties if development is proposed on substandard parcels on slopes per the R1 and RHS zoning.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via the Municipal Code.
This provision cannot be applied to SB 9
projects.
HILLSIDES Policy LU‐12.2 Clustering
Su
bdivisions
Cluster lots in major subdivisions and encourage clustering in minor subdivisions, for projects in the 5–20 acre slope density designation. Reserve 90 percent of the land in private open space to protect the uni que characteristics of the hillsides from adverse environmental impacts. Keep the open space areas contiguous as much as possible.
Community
Development – Planning General Fund Con.
Not an action item. Ongoing
implementation during project
review/approval.
HILLSIDES Policy LU‐12.3
Rural Improvement
Standards in Hillside
Areas
Require rural improvement standards in hillside areas to preserve the rural character of the hillsides.
Improvement standards should balance the need to furnish adequate u tility and emergency services
against the need to protect the hillside, vegetation and animals.
Public Works –
Development Services
and Transportation
General Fund Con.
Not an action item. Ongoing
implementation via application of rural
standards maintained by the Pu
blic Works
Department and by SCC Fire in conjunction
with project review/approval.
HILLSIDES Strategy LU‐
12.3.1 Grading Follow natural land contours and avoid mass grading of sites during construction, especially in flood hazard or geologically sensitive areas. Grading hillside sites into large, flat areas shall be avoided.
Community
Development –
Planning, Pu
blic Works –
Development Services
General Fund Con.
Not an action item. Ongoing
implementation via Municipal Code
standards during project review/approval.
These policies are now also implemented
through the Cityʹs Urgency Ordinance
related to SB 9 development. Expected to
carry through in the regular ordinance to
be adopted in 2022.
HILLSIDES Strategy LU‐
12.3.2 Roads Roads should be narrowed to avoid harming trees and streambeds.
Public Works –
Development Services,
Capital Improvements
and Transportation
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via application of rural
standards maintained by the Public Works
Department in conjunction with project
review/approval.
HILLSIDES Strategy LU‐
12.3.3 Trees Retain significant specimen trees, especially when they grow in groves or clusters and integrate them into the developed site.
Community
Development – Planning
General Fund,
Development
Fees
Con. Not an action item. Ongoing implemenation
via implementation of the Municipal Code
HILLSIDES Policy LU‐12.4 Hillside Views
The Montebello foothills at the south and west bo undary of the valley floor provide a scenic backdrop, adding to the City’s scale and variety. While it is not possible to guarantee an unobstructed view of the hills from every vantage point, an attempt should be made to preserve views of the foothills.
Community
Development –
Planning, Pu blic Works –
Capital Improvements
General Fund,
Development
Fees
Con. Not an action item. Implemented by
Strategies LU‐12.4.1 and LU‐12.4.2
HILLSIDES Strategy LU‐
12.4.1 Views from Public
Facilities
Design public facilities, particularly open spaces, so they include views of the foothills or other nearby natural features, and plan hillside developments to minimize visual and other impacts on adjacent pu blic open space.
Public Works – Capital
Improvements
General Fund,
Grants Con. Not an action item. Ongoing
implementation during project design
HILLSIDES Strategy LU‐
12.4.2 Development near
Public Space
Locate private driveways and building sites as far as possible from property boundaries adjoining public open space preserves and parks to enhance the natural open space character and protect plant and animal habitat.
Community
Development –
Planning, Pu blic Works –
Development Services
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implemantation via implementation of the
Residential Hillside standards in the
Municipal Code
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Funding
Source(s) Timeframe Comment
HILLSIDES Policy LU‐12.5 Development in the
County Jurisdiction
Development in the County, particularly if located near Cupertino’s hillsides and urban fringe area, should consider the goals and policies in Community Vision 2040.
Community
Development –
Planning, Public Works –
Development Services
General Fund Con. Implemented by Strategy 12.5.1
HILLSIDES Strategy LU‐
12.5.1 County Development
Development in these areas should be compatible with Cupertino’s hillside policies of low–intensity residential, agricultural or open space uses. Preservation of the natural environment, clustering sites to minimize impact and dedication of open space are encouraged. Visual impacts, access, traffic and other impacts, and service demands should be assessed in consultation wi th Cupertino’s goals and policies.
Community
Development –
Planning, Public Works –
Development Services
General Fund Con.
Not an action item. Comments are sent to
the County if development is proposed near
the Cupertino hillsides and urban fringe
area to ensure this is communicated.
HEART OF THE CITY
SPECIAL AREA Policy LU‐13.1 Heart of the Ci
ty
Specific Plan
The Heart of the City Specific Plan provides design standards and guidelines for this area, which promote a cohesive, landscaped boulevard that links its distinct sub–areas and is accessible to all modes of transportation.
Community
Development –
Planning, Pu
blic Works –
Development Services
General Fund IM
Not an action item. Heart of the City
adopted by the Council in 1995 and
amended several times (last in 2014). Work
Program Item to amend the HOC on
FY20/21 City Council Work Program.
HEART OF THE CITY
SPECIAL AREA Policy LU‐13.2 Redevelopment Encourage older properties along the boulevard to be redeveloped and enhanced. Allow more intense development only in nodes and gateways as indicated in the Community Form Diagram (Figure LU–2).
Community
Development – Planning General Fund IM
Not an action item. Heart of the City
adopted by the Counci l in 1995 and
amended several times (last in 2014). Work
Program Item to amend the HOC on
FY20/21 City Council Work Program.
HEART OF THE CITY
SPECIAL AREA Policy LU‐13.3 Parcel Assembly Encourage the assembly of parcels to foster new development projects that can provide high–quality development with adequate buffers for neighborhoods.
Community
Development – Planning General Fund Con.
Not an action item. implemented during
project review/ approval at the Councilʹs
discretion.
HEART OF THE CITY
SPECIAL AREA Policy LU‐13.4
Neighb orhood
Centers and Activity
Areas
A majority of the commercial development allocation should be devoted to rehabilitating neighborhood centers and major activity centers with a focus on creating pedestrian–oriented, walkable and bikeable areas with inviting community gathering places. Land uses between the activity centers should help focus and support activity in the centers. Neighb
orhood centers should be retrofitted and redeveloped using the “neighborhood commercial centers” concept discussed earlier in this Element.
Community
Development –
Planning, Public Works –
Development Services
General Fund Con. Not an action item. Implemented during project review/approval.
HEART OF THE CITY
SPECIAL AREA Policy LU‐13.5 Land Use The Heart of the Ci ty area allows a mix of retail, commercial, office and residential uses. Special uses are provided in the Heart of the City Specific Plan. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con. Not an action item.
HEART OF THE CITY
SPECIAL AREA Policy LU‐13.6 Building Form Buildings should be high–quality, with pedestrian–oriented and active uses along the street. Community Development – Planning General Fund Con.
Not an action item. Design guidelines in
Heart of the City Specific Plan. Additional,
specific and objective design guidelines to
be developed with the Mixed‐use Design
Guidelines Work program item.
HEART OF THE CITY
SPECIAL AREA Policy LU‐13.7 Streetscape and
Connectivity Create a walkable and bikeable boulevard with active uses and a distinct image for each subarea.
Community
Development –
Planning, Public Works –
Development Services
General Fund Con. Not an action item. Streetscape design in Heart of the City Specific Plan
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Funding
Source(s) Timeframe Comment
HEART OF THE CITY
SPECIAL AREA
Strategy LU‐
13.7.1 Streetscape
Provide active uses along the street frontage, bike lanes, sidewalks that support pedestrian–oriented activity, improved pedestrian crossings at street intersections, and attractive transit facilities (e.g., bus stops, benches, etc.).
Community
Development –
Planning, Public Works –
Development Services
General Fund Con.
Not an action item. Standards related to
active uses in Heart of the City Specific Plan,
which is implemented in project
review/approval
HEART OF THE CITY
SPECIAL AREA
Strategy LU‐
13.7.2 Street Trees and
Landscaping
Create a cohesive visual image with street tree plantings along the corridor, but with distinct tree types for each sub–area to support its distinct character and function.
Community
Development –
Planning, Public Works –
Development Services
and Service Center
General Fund IM
Not an action item. Streetscape design in
Heart of the City Specific Plan. Possible
changes due to item in FY20/21 City Council
Work Program.
HEART OF THE CITY
SPECIAL AREA
Strategy LU‐
13.7.3 Connectivity
Properties within a block should be inter–connected with shared access drives. Provide pedestrian paths to enhance pu blic access to and through the development. New development, particularly on corner lots, should provide pedestrian and bicycle improvements along side streets to enhance connections to surrounding neighborhoods.
Community
Development –
Planning, Public Works –
Development Services
General Fund Con.
Not an action item. E.g. all properties
between N. Portal and N. Blaney are inter‐
connected wi
th shared access drives. Most
properties between N. Blaney and Randy
Lane are inter‐connected. Bike and
pedestrian improvements required for all
properties that develop.
HEART OF THE CITY
SPECIAL AREA
Strategy LU‐
13.7.4 Traffic Calming Evaluate options on Stevens Creek Boulevard to improve the pedestrian environment by proactively managing speed limits, enforcement, and traffic signal synchronization.
Public Works –
Transportation and
Development Services
General Fund Con.
Not an action item. City performs ongoing
evaluations of speed limits, traffic signal
timing and coordination wi
th enforcement
efforts.
HEART OF THE CITY
SPECIAL AREA
Strategy LU‐
13.7.5 Neighborhood Buffers Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single–family residential areas from visual and noise impacts.
Community
Development – Planning General Fund Con.
Not an action item. Standards related to
buffers in Heart of the City Specific Plan and
implemented with project review.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐14.1 Land Use Primary land uses include quasi–public/public facilities, with supporting mixed commercial/residential uses.
Community
Development – Planning General Fund Con. Not an action item. Implemented through the Heart of the City Specific Plan.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐14.2 Streetscape Street tree planting that supports an active, pedestrian–oriented environment. Street tree planting should provide a connection wi
th the adjacent foothills with trees such as oaks.
Community
Development –
Planning; Public Works –
Development Services
and Service Center
General Fund Con.
Not an action item. Implemented through
the Heart of the City Specific Plan and Cityʹs
street tree planting policies.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐14.3
Gateway Concept Buildings should be high–quality in keeping with the gateway character of the area. Projects should provide or contribute towards gateway signs and landscaping.
Community
Development –
Planning, Public Works –
Development Services
General Fund Con. Not an action item. Implemented during project review.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐14.4 De Anza College
Node
Buildings should be designed to fit into the surroundings with pedestrian–orientation. Externalizing activities by providing cafeterias, bookstores and plazas along the street and near corners is encouraged.
Community
Development – Planning General Fund Con.
Not an action item. Staff supports the
incorporation of such uses as the
opportunity presents itself.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐14.5 Oaks Gateway Node This is a gateway retail and shopping node. New residential, if allowed, should be designed on the “mixed–use village” concept discussed earlier in this Element.
Community
Development – Planning General Fund IM
Development project modification
approved in December 2021. Units reduced
from 267 to 259 by applicant. Project
description and plans available at
www.cupertino.org/westport.
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Source(s) Timeframe Comment
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐14.6 Community
Recreation Node
Contribute to the high–quality streetscape with trees, sidewalks, building and site design, and active uses such as main entries, lobbies or similar features along the street to reinforce pedestrian orientation.
Public Works –
Development Services;
Community
Development – Planning
General Fund Con. Not an action item. Implemented through the Heart of the Ci
ty Specific Plan.
CROSSROADS
SUBAREA Policy LU‐15.1 Crossroads
Streetscape Plan
Create a streetscape plan for the Crossroads Subarea that provides design standards and guidelines for an attractive, walkable, vibrant shopping village, where commercial and roadway design encourage pedestrian activity. The plan will include the follow ing elements:
*Land use plan specifying the type, intensity and arrangement of land uses to promote pedestrian and business activity.
*Streetscape plan that provides for an attractive pedestrian streetscape. *Design guidelines that foster pedestrian activity and a sense of place.
Community
Development –
Planning, Public Works –
Development Services
General Fund LR
While standards for an attractive, w alkable
and assessible public sidewalk design have
been established, no further action has been
taken on creation of a streetscape plan for
the Crossroads subarea.
CROSSROADS
SUBAREA
Strategy LU‐
15.1.1 Uses
Include in this subarea primary uses such as retail, office and commercial. Ground floor uses shall have active retail use
s with storefronts. Commercial office and office uses may be allowed on upper levels. In the case of deep lots, building along the street should provide retail and buildings in the back may be developed with allowed uses. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
Currently implemented through the Heart of
the City Specific Plan during project review
since a separate Crossroads plan has not
been developed.
CROSSROADS
SUBAREA
Strategy LU‐
15.1.2 Streetscape
Primary ground–floor entrances shall face the street. The streetscape shall consist of wide pedestrian sidewalks with inviting street furniture, street trees, pedestrian–scaled lighting wi th banners, small plazas, art/water features, pedestrian crosswalks with special paving, and other elements identified in the Crossroads Streetscape Plan.
Community
Development –
Planning, Public Works –
Development Services
and Transportation
General Fund Con.
Currently implemented through the Heart of
the City Specific Plan during project review
since a separate Crossroads plan has not
been developed.
CROSSROADS
SUBAREA
Strategy LU‐
15.1.3 Streetscape
Primary ground–floor entrances shall face the street. The streetscape shall consist of wi de pedestrian
sidewalks with inviting street furniture, street trees, pedestrian–scaled lighting with banners, small plazas, art/water features, pedestrian crosswalks with special paving, and other elements identified in the Crossroads Streetscape Plan.
Community
Development –
Planning, Pu
blic Works –
Development Services
and Transportation
General Fund Con.
Currently implemented through the Heart of
the City Specific Plan during project review
since a separate Crossroads plan has not
been developed.
CROSSROADS
SUBAREA
Strategy LU‐
15.1.4 Shared Parking Require shared parking and access arrangements throughout the area, with overall parking standards reflecting the shared parking.
Community
Development – Planning General Fund Con.
Currently implemented through the Heart of
the City Specific Plan. Shared parking
arrangements exist at the Target/Bottegas
site and the Crossroads Shopping Center.
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Funding
Source(s) Timeframe Comment
CROSSROADS
SUBAREA
Strategy LU‐
15.1.5 De Anza Boulevard/
Stevens Creek
Boulevard Landmark
Secure permanent landscape easements as a condition of development from properties at the intersection of De Anza and Stevens Creek Boulevards for construction of a future landmark. The landmark may include open space, landscaping and other design elements at the corners. Land at the southeast corner w
ill remain a publicly accessible park.
Community
Development – Planning General Fund Con.
Easements exist at the N‐E, S‐E and S‐W
corners. The only corner at which this does
not exist, though the existing building itself
frames the corner is the N‐W corner. This
w
ill be implemented with new development
proposed at that corner.
CITY CENTER
SUBAREA Policy LU‐16.1 City Center Node Establish the City Center Node as a moderately–scaled, medium–density mixed–use office, hotel, retail and residential area, with an integrated network of streets and open space.
Community
Development – Planning General Fund Con. Not an action item.
CITY CENTER
SUBAREA
Strategy LU‐
16.1.1 Uses
A mix of use
s including, office, hotel, retail, residential and civic uses. The ground floor of buildings along the street should be activated with pedestrian–oriented, active uses including retail, restaurants, and entries. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con. Not an action item.
CITY CENTER
SUBAREA
Strategy LU‐
16.1.2 C
onnectivity New development should improve the connectivity within the block and with surrounding streets, including connections to the Crossroads subarea.
Community
Development –
Planning;
General Fund Con. Not an action item.
CITY CENTER
SUBAREA
Strategy LU‐
16.1.3 Building Form Buildings should be moderately–scaled to transition from existing taller buildings to the scale of the surrounding area. Taller buildings should provide appropriate transitions to fit into the surrounding area.
Community
Development – Planning General Fund Con.
Not an action item. Figure LU‐2 has slope
line established and Heart of the Ci
ty
Specific Plan has landscape easement
requirements.
CITY CENTER
SUBAREA
Strategy LU‐
16.1.4 Gateway Concept Buildings should be designed with high–quality architecture and landscaping befitting the gateway character of the site.
Community
Development – Planning General Fund Con. Not an action item. Heart of the City Specific Plan has design guidelines.
CITY CENTER
SUBAREA
Strategy LU‐
16.1.5 Open Space
A publicly–accessible park shall be retained at the southeast corner of Stevens Creek and De Anza Boulevards and shall inclu
de public art, seating areas and plazas for retail and restaurant uses along the ground floor of adjacent buildings.
Parks and Recreation –
Business Services General Fund Con. Not an action item. Completed.
CITY CENTER
SUBAREA Policy LU‐16.2 Civic Center Node Create a civic heart for Cupertino that enables community building by providing community facilities, meeting and gathering spaces, public art, and space for recreation and community events.
Public Works –
Development Services
and Capi tal
Improvements
General Fund IM
Civic Center Master Plan provides guidance
on capital projects in this node. Library
expansion contract awarded in August 2020.
Library construction underway.
CENTRAL STEVENS
CREEK BOULEVARD
SUBAREA
Policy LU‐17.1 Land Use
Allow a mix of uses including commercial, retail, commercial office and limited residential uses. The ground floor of bu ildings along the street should be active uses including retail, restaurants, entries etc.
Neigborhood centers shall be remodeled or redeveloped using the “neighborhood commercial center” concept described earlier in this Element. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
Not an action item. Main Street
development completed in 2015.
Metropoitan C
ondominiums built in
2006/2007. Nineteen800 developed in 2016.
Three properties owned by Apple Inc. with
offices are the only ones not redeveloped in
the recent past. A project on one of the
Apple parcels currently under review.
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Funding
Source(s) Timeframe Comment
EAST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐18.1 Land Use
Allow regional commercial with retail, commercial, office and hotels as the primary uses, with residential mixed–use as a supporting use. Retail, restaurant and other active uses are highly encouraged on the ground floor facing the street. In case of office complexes, active uses such as entries, lo bbies or plazas should be provided on the ground floor along the street. Neighborhood centers shall be remodeled or redeveloped using the “neighborhood commercial centers” concept described earlier in this Element. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
Not an action item. Implemented through
the Heart of the Ci
ty Specific Plan during
project review.
EAST STEVENS CREEK
BOULEVARD SUBAREA Policy LU‐18.2 South Vallco Retain and enhance the South Vallco area as a mixed–use retail, office and residential district with a pedestrian–oriented, downtown atmosphere.
Community
Development – Planning General Fund Con. Not an action item.
EAST STEVENS CREEK
BOULEVARD SUBAREA
Strategy LU‐
18.2.1 Uses
Encourage a mix of retail, commercial, office, residential and hotel use s. Provide active retail uses on the
ground floor facing the street or outdoor pedestrian corridor with connections to adjacent development.
Office sites to the north of Vallco Parkway are encouraged to provide retail uses. However, if retail is not provided, office sites should provide entries and active use s along the street frontage.
Community
Development – Planning General Fund Con. Not an action item.
EAST STEVENS CREEK
BOULEVARD SUBAREA
Strategy LU‐
18.2.2 Vallco Parkway Vallco Parkway is envisioned as a parkway with bike lanes, wide sidewalks, street–trees and on–street parking. The street w ill connect to a future street grid in the Vallco Shopping District.
Community
Development –
Planning; Public Works –
Development Services
General Fund Con. Not an action item.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Policy LU‐19.1 Allowed Land Uses
The following uses are allowed in the Vallco Shopping District Special Area (see Figure LU‐2 for residential densities and criteria and Figure LU‐4 for location of allow able land uses):
1. Residential: Permit residential and ground floor commercial development within the portion of the site designated for Regional Shopping/Residential uses in advance of creating a specific plan, at a maximum density of 35 dwelling uni ts per acre and a minimum density of 29.7 dwelling units per acre by right, with maximum heights as shown in Figure LU‐2. Limited ground floor commercial uses are permitted, but not required, in connection with residential development.
2. Non‐Residential: Permit commercial uses consistent with the Regional Shopping/ Residential and Regional Shopping designation. Maintain a minimum of 600,000 square feet of retail that provide a good source of sales tax for the Ci
ty. Entertainment uses may be included but shall consist of no more than 30 percent of retail uses.
Community
Development – Planning IM
Policy edited in September 2019. Vallco SB35
project bu
ilding permits under review.
Planning Commission in 2020, as part of the
GP annual report process, reccommended
on 4‐1 (Fung ‐ no) straw poll to consider
requiring ground floor retail along Vallco
Parkway.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Policy LU‐19.2 Development
Standards
New development within the Vallco Shopping District Special Area shall be required to comply wi th the following standards:
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.2.1 ʺTown Centerʺ Layout
Create streets and blocks laid out using ʺtransect planningʺ (appropriate street and building types for each area), whi
ch includes a discernable center and edges, public space at center, high quality public realm, and land uses appropriate to the street and building typology. Private streets must be open to the sky. Connections between buildings are permitted at levels above the third floor for public serving uses or for limited wal
kways (no wider than 10 feet) which may be private.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.
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Funding
Source(s) Timeframe Comment
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.2.2 Existing Streets
Improve Stevens Creek Boulevard and Wolfe Road to become more bike and pedestrian‐friendly with bike lanes, wide sidewalks, street trees, improved pedestrian intersections to accommodate the connections to Nineteen800, Main Street, and the surrounding areas.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project bu
ilding permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.2.3 Tribal Coordination
The City of Cupertino shall coordinate with applicable Native American tribal representatives following approval of development in the Vallco Shopping District Special Area to ensure appropriate cultural sensitivity training is provided to all contractors prior to the start of ground‐disturbing activities.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project bu ilding permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Policy LU‐19.3 Specific Plan
Create a Vallco Shopping District Specific Plan prior to any development on the portion of the site with the Regional Shopping designation that lays out the land use s, design standards and guidelines, and
infrastructure improvements required.
The Specific Plan will be based on the following strategies:
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.1 Master Developer
Redevelopment of the portion of the site wi
th the Regional Shopping designation pursuant to the specific plan will require a master developer in order remove the obstacles to the development of a cohesive district with the highest levels of urban design.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project bu
ilding permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.2 Parcel Assembly
Parcel assembly and a plan for complete redevelopment of the site is required prior to designating any additional area for residential uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project bu ilding permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.3 Complete
Redevelopment
The ʺtown centerʺ plan should be based on complete redevelopment of the site in order to ensure that the site can be planned to carry out the community vision.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project bu ilding permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.4 Connectivity
Provide a newly configured complete street grid hierarchy of streets, boulevards and alleys that is pedestrian‐oriented, connects to existing streets, and creates w alkable urban blocks for buildings and open space. It should also incorporate transit facilities, provide connections to other transit nodes and coordinate with the potential expansion of Wolfe Road bridge over Interstate 280 to continue the walkable, bikeable boulevard concept along Wolfe Road. The project should also contribute towards a study and improvements to a potential Interstate 280 trail along the drainage channel south of the freeway and provide pedestrian and bicycle connections from the project sites to the trail.
Community
Development – Planning IM
Policy edited in September 2019. Vallco SB35
project bu
ilding permits under review.
Juniperro Serra trail funding is in early
stages. In 2020, as part of the GP Annual
Report, Comm. Fung wi
shes for the last
sentence to be struck from this Strategy.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.5 Open Space
Open space in the form of a central town square on the west and east sides of the district interspersed wi
th plazas and “greens” that create community gathering spaces, locations for public art, and event space for community events.
Public Works –
Development Services;
Community
Development – Planning
IM Policy edited in September 2019. Vallco SB35
project building permits under review.
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Funding
Source(s) Timeframe Comment
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.6 Building Form Buildings should have high‐quality architecture, and an emphasis on aesthetics, human scale, and create a sense of place. Taller buildings should provide appropriate transitions to fit into the surrounding area.
Community
Development ‐ Planning IM Policy edited in September 2019. Vallco SB35 project building permits unde r review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.7 Gateway Character High‐quality buildings with architecture and materials befitting the gateway character of the site. The project should provide gateway signage and treatment.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.8 Phasing Plan A phasing plan that lays out the timing of infrastructure, open space and land use improvements that ensu
res that elements desired by the community are included in early phases.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.9 Parking
Parking in surface lots shall be located to the side or rear of bu ildings. Underground parking beneath
buildings is preferred. Above grade structures shall not be located along major street frontages. In cases, where above‐grade structures are allowed along internal street frontages, they shall be lined wi th retail, entries and active uses on the ground floor. All parking structures should be designed to be architecturally compatible with a highquality “town center” environment.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.10 Trees Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when new development are proposed.
Community
Development –
Planning; Pu blic Works –
Development Services
IM Policy edited in September 2019. Vallco SB35
project building permits under review.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU‐
19.3.11 Neighb orhood Buffers Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting singlefamily residential areas from visual and noise impacts.
Community
Development – Planning IM Policy edited in September 2019. Vallco SB35 project building permits under review.
NORTH VALLCO PARK
SPECIAL AREA Policy LU‐20.1 Land Use
This area is a major employment node wi th office, and research and development uses. Retail and hotel uses are allowed on the west side of Wolfe Road. Redevelopment of the retail site at the corner of Wolfe and Homestead Roads should be based on the “neighborhood commercial center” concept described earlier in this Element. Retail use s are not required on the Hamptons site. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
The Hamptons project (on a Housing
Element site) approved in 2016. Building
permits not submitted yet. Hotel at
Cupertino Village approved in 2019.
Building permits not submitted yet. In 2020,
as part of the GP Annual Report process,
Planning Commission recommended that N.
De Anza Special Area is worthy of being re‐
evalu
ated for a different balance of land
uses.
NORTH VALLCO PARK
SPECIAL AREA Policy LU‐20.2 Streetscape and
Connectivity
Future roadway improvements on Wolfe Road, Homestead Road, and Tantau Avenue should be coordinated wi
th planned improvements to improve pedestrian, bike and transit connections. Streetscape improvements will enhance the pedestrian environment with street trees, attractive bus shelters, and street furniture. The campus site should provide an attractive landscaped edge along the street. Future improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area.
Pu
blic Works –
Development Services General Fund Con. Not an action item.
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NORTH VALLCO PARK
SPECIAL AREA Policy LU‐20.3 Building Form
Buildings in the retail and hotel area should provide active, pedestrian–oriented uses along the street.
Buildings should transition to fit the scale of the surrounding area. Taller buildings should provide appropriate transitions to fit into the surrounding area. In addition to the height limits established in the Community Form Diagram, bu
ildings abutting the campus shall incorporate appropriate setbacks, landscaped buffering, and building height transitions to minimize privacy and security impacts.
Community
Development – Planning General Fund Con. Not an action item.
NORTH VALLCO PARK
SPECIAL AREA Policy LU‐20.4 Pedestrian and
Bicycle Connections
Pedestrian–oriented retail and hotel development w ill support a diverse population of workers and residents in the area. Trail routes, and alternate trail routes to address security and privacy concerns of major employers, shall be developed to provide pedestrian and bicycle connections to other destinations.
Community
Development – Planning Con. Not an action item.
NORTH VALLCO PARK
SPECIAL AREA Policy LU‐20.5 Gateway Concept
Building and landscape design should be of high quality and reflect the fact that this area is a gateway into Cupertino from Interstate 280 and points north. The project should provide gateway signage and treatment.
Community
Development – Planning General Fund Con. Not an action item.
NORTH VALLCO PARK
SPECIAL AREA Policy LU‐20.6 Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining single–family residential uses.
Community
Development –
Planning
General Fund Con. Not an action item.
NORTH DE ANZA
SPECIAL AREA Policy LU‐21.1 Conceptual Plan Amend the North De Anza Conceptual Plan to create a cohesive set of land use and streetscape regulations and guidelines for the North De Anza area.
Community
Development –
Planning; Public Works –
Development Services,
IM
As part of the ʺObjective Standardsʺ Work
Program item, this action is recommended
as a Phase 1 action item. Expected to be
completed by Summer 2021. Changes to N.
De Anza will be considered with the
Housing Element udpate
NORTH DE ANZA
SPECIAL AREA Policy LU‐21.2 Land Use Primarily office, and research and development uses supplemented with limited commercial and residential uses. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund IM
As part of the ʺObjective Standardsʺ Work
Program item, this action is recommended
as a Phase 1 action item. Expected to be
completed by Summer 2021. Changes to N.
De Anza will be considered with the
Housing Element udpate
NORTH DE ANZA
SPECIAL AREA Policy LU‐21.3 Streetscape and
Connectivity
North De Anza is envisioned as a walkable, bikeable boulevard with wide sidewalks with street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements w
ill also improve school routes from the Garden Gate
neighborhood to Lawson school to the east and provide access to transit routes.
Community
Development –
Planning; Public Works –
Development Services
General Fund IM
As part of the ʺObjective Standardsʺ Work
Program item, this action is recommended
as a Phase 1 action item. Expected to be
completed by Summer 2021. Changes to N.
De Anza will be considered with the
Housing Element udpate
NORTH DE ANZA
SPECIAL AREA
Strategy LU‐
21.4 Building Design
Locate buildings along the street with parking areas to the rear. Break up massing of large office buildings along the street with pedestrian scaled elements and locate building entries and active use s along the street frontage to improve the pedestrian character of the area. Mixed–use buildings should include entries, active uses and gathering spaces along the street.
Community
Development – Planning General Fund Con. Not an action item.
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NORTH DE ANZA
SPECIAL AREA Policy LU‐21.5 Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area is a gateway into Cupertino from Interstate 280 and points north.
Community
Development – Planning General Fund Con. Not an action item.
NORTH DE ANZA
SPECIAL AREA Policy LU‐21.6 Neighborhood Buffers Provide bu ilding transitions, setbacks and/or landscaping to buffer development from adjoining single–family residential uses.
Community
Development – Planning General Fund IM
As part of the ʺObjective Standardsʺ Work
Program item, this action is recommended
as a Phase 1 action item. Expected to be
completed by Summer 2021. Expected to be
considered in conjunction with the
Housing Element update.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.1 Conceptual Plan Maintain and implement the existing South De Anza and Sunnyvale–Saratoga Conceptual Plans. Community Development – Planning General Fund Con. Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.2 Land Use
General Commercial and retail uses with limited commercial office, office and residential uses.
Neighborhood centers should be redeveloped in the “neighb orhood commercial centers” concept discussed earlier in this Element. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
Not an action item. Planning Commission as
part of the 2020 GP Annual Report process,
recommends considering changing the
allowed mix of uses.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.3
Parcel Assembly Highly encourage assembly of parcels to resolve the fragmented and narrow lot pattern and encourage high–quality development with adequate buffers for neighborhoods.
Community
Development – Planning General Fund Con. Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.4 Streetscape and
Connectivity
South De Anza is envisioned as a w alkable, bikeable boulevard with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Side streets are also envisioned with pedestrian and bicycle improvements to ensure walkable connections from adjacent neighborhoods.
Public Works –
Development Services;
Community
Development – Planning
General Fund Con. Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.5 Shared Access Since South De Anza is a heavily traveled route, properties in the same block should be connected with auto and pedestrian access through shared access easements to reduce impacts on the corridor.
Community
Development – Planning General Fund Con. Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.6 Building Design
Locate buildings and commercial pads along the street with parking areas to the side and rear. Provide pedestrian–scaled elements and active uses including retail, restaurants, and entries along the street.
Outdoor plaza and activity area can be located along the street with sidewalk and street trees to buffer them from through traffic.
Community
Development – Planning General Fund Con. Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.7 Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area has gateways from Highway 85 and at the souther and eastern borders of Cupertino.
Community
Development – Planning General Fund Con. Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU‐22.8 Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining single–family residential uses.
Community
Development – Planning General Fund Con. Not an action item.
HOMESTEAD SPECIAL
AREA Policy LU‐23.1 Conceptual Plan Create a conceptual plan for the Homestead Road Special Area wi th a cohesive set of land use and streetscape regulations and guidelines.
Community
Development – Planning General Fund LR
No action has been taken with regard to
creating a conceptual plan for the
Homestead Special Area.
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HOMESTEAD SPECIAL
AREA Policy LU‐23.2 Land Use
Primarily retail, commercial and residential uses, with some limited quasi–public use. Redevelopment of neighborhood centers should be based on the “neighborhood commercial center” concept discussed earlier in this element. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con. Not an action item.
HOMESTEAD SPECIAL
AREA Policy LU‐23.3
Connectivity
Homestead Road is envisioned to become a boulevard with bike and pedestrian improvements and new bicycle and pedestrian crossings at De Anza Boulevard, Blaney Avenue, Wolfe Road, and Tantau Avenue.
This will provide better access for people moving east/west through the City north of Interstate 280, linking neighborhoods in the western part of the Ci
ty with Homestead High School, Homestead Square
Shopping Center and Apple Campus 2 to the east.
Public Works –
Development Services General Fund Con. Not an action item.
HOMESTEAD SPECIAL
AREA Policy LU‐23.4 Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area is a gateway into the northern part of Cupertino.
Community
Development – Planning General Fund Con. Not an action item.
HOMESTEAD SPECIAL
AREA Policy LU‐23.5 Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining single–family residential uses.
Community
Development – Planning General Fund Con. Not an action item.
BUBB ROAD SPECIAL
AREA Policy LU‐24.1 Land Use Allowed uses in the Bubb Road Special Area will consist of those described in the ML–rc ordinance with limited commercial and residential uses.
Community
Development – Planning General Fund Con.
Not an action item. As part of the 2020
General Plan Annual Report, Planning
Commission recommended considering
changing the allow
ed mix of uses.
BUBB ROAD SPECIAL
AREA Policy LU‐24.2 Streetscape and
Connectivity
Bubb Road is envisioned as a walkable, bikeable corridor with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid.
Such improvements w
ill also improve routes from the northern and eastern neighborhood to the tri–school area, parks and services and reduce impacts caused to school and employment traffic.
Public Works –
Development Services General Fund Con.
Not an action item. Bike and pedestrian
improvements occuring in compliance wi th
ped/bike Master Plans and funds provided
by private developers.
BUBB ROAD SPECIAL
AREA Policy LU‐23.3 Building and Site
Design
Locate buildings along the street with parking areas to the rear. Break up massing of large office buildings along the street with pedestrian–scaled elements and locate building entries and active use s along the street frontage to improve the pedestrian character of the area.
Community
Development – Planning General Fund Con. Not an action item.
BUBB ROAD SPECIAL
AREA Policy LU‐23.4 Compatibility of Use The compatibility of non–industrial uses with industrial uses must be considered when reviewing new development.
Community
Development – Planning General Fund Con. Not an action item.
BUBB ROAD SPECIAL
AREA Policy LU‐23.5
Neighborhood Buffers New industrial uses should provide building transitions, setbacks and landscaping to provide a buffer for adjoining low–intensity residential users.
Community
Development – Planning General Fund Con. Not an action item.
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MONTA VISTA
VILLAGE Policy LU‐25.1 Conceptual Plan
Continue to govern Monta Vista’s commercial area through the Monta Vista Design Guidelines. The guidelines provide direction for architecture, landscaping and public improvements. Create a Monta Vista Village Conceptual Plan with a cohesive set of updated regulations and guidelines for this area.
Community
Development – Planning General Fund Con./LR
No action has been taken with regard to
creating a Monta Vista Village Conceptual
Plan, though the Monta Vista Design
Guidelines are in effect and continue to be
implemented.
MONTA VISTA
VILLAGE Policy LU‐25.2 Land Use
Encourage the commercial district to serve as a neighborhood commercial center for Monta Vista Village and its adj
oining neighborhoods. Mixed–use with residential is encouraged. The industrial area should be retained to provide small–scale light industrial and service industrial opportunities, while remaining compatible with the surrounding residential and commercial uses. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con. Not an action item. Current zoning supports this.
MONTA VISTA
VILLAGE Policy LU‐25.3 Bu
ildings and Site
Design
Encourage buildings to be designed in a way that promotes the small–scale, older and mixed–use character of the area. Buildings should be located along the street with pedestrian–scale architecture and retail and active uses on the ground floor. Parking should be located to the rear.
Community
Development Planning General Fund
Con.
Not an action item. Implemented through
existing standards in the Monta Vista
Design Guidelines.
MONTA VISTA
VILLAGE
Strategy LU‐
25.3.1 Storefront
Appearance
Commercial and office buildings shall include a storefront appearance to the public street, and shall not be separated from the pu blic sidewalk by extensive landscaping or changes in elevation. Office buildings shall be designed to accommodate future entrances from the sidewalk for future retail uses.
Community
Development – Planning General Fund Con.
Not an action item. Implemented through
existing standards in the Monta Vista
Design Guidelines.
MONTA VISTA
VILLAGE
Strategy LU‐
25.3.2 Parking
Commercial properties or commercial portions of properties may rely on pu blic parking on Pasadena and
Imperial Avenues to meet their off–site parking needs within the area bounded by Granada Avenue, Stevens Creek Boulevard, Orange Avenue, and the Union Pacific right–of–way (see diagram to the right).
Community
Development – Planning General Fund Con. Not an action item.
MONTA VISTA
VILLAGE Policy LU‐25.4 Street Design and
C
onnectivity
Maintain Monta Vista Village as a walkable, bikeable mixed–use neighborhood with sidewalks, street trees and roadway improvements for bike lanes and sidewalks with routes to the tri–school area.
Automobile, pedestrian and bicycle improvements are envisioned along other streets in this area to create an interconnected grid and wi
th new development to remove street blockages and promote a network of streets. On–street parking is encouraged. Roadway and sidewalk improvements will also improve school routes from the northern neighborhoods to the tri–school area.
Community
Development –
Planning; Public Works –
Development Services
General Fund
Con.
Not an action item. School route and
sidewalk improvements being completed
through the Capital Improvements Project.
MONTA VISTA
VILLAGE
Strategy LU‐
25.4.1 Interconnected Access Individual properties shall have interconnected pedestrian and vehicle access and shared parking. Community Development – Planning General Fund Con.
Not an action item. Implemented through
existing standards in the Monta Vista
Design Guidelines.
MONTA VISTA
VILLAGE
Strategy LU‐
25.4.2 Residential Streets
Residential street improvements may have a semi–rural appearance based on the Municipal Code requirements. Safe routes to school streets, or any others designated by the City Council shall be required to have sidewalks and street trees.
Public Works–
Development Services General Fund Con. Not an action item.
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OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU‐26.1 Land Use
Retrofit or redevelop neighborhood centers using the “neighborhood commercial centers” concept discussed earlier in this Element. Areas that are not designated as “neighborhood centers” are encouraged to provide commercial uses with active uses such as entries, lobbies, seating areas or retail along the street.
See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con. Not an action item.
OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU‐26.2 Building and Site
Design
Encourage buildings to be designed in a pedestrian–oriented format. Buildings should be located along the street with pedestrian–scale architecture and retail and active use s on the ground floor. Parking should be located to the sides or rear. Buildings may be one to two stories in height. In some instances, buildings may be three stories in height.
Community
Development – Planning General Fund Con. Not an action item.
OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU‐26.3 Street Design and
C
onnectivity
Create neighborhood centers that area walkable, bikeable areas with sidewalks, street trees and roadway improvements for bike lanes sidewalks to provide connections to the neighborhoods that they service.
Community
Development – Planning General Fund Con. Not an action item.
OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU‐26.4 Neighboring Buffers Encourage projects to include building transitions, setbacks and landscaping to provide a buffer for adj
oining low–intensity residential uses.
Community
Development – Planning General Fund Con. No action has been taken on this at this time.
NEIGHBORHOODS Policy LU‐27.1 Compatibility Ensure that new development within and adjacent to residential neighborhoods is compatible with neighborhood character.
Community
Development – Planning General Fund Con.
Not an action item. Planning Commission
recommends consider adding language to
address possible future state laws regarding
densification of single family lots to
determine which regulations for form and
massing would apply. Consider minimum
lot sizes.
NEIGHBORHOODS Strategy LU‐
27.1.1 Regulations Maintain and update design regulations and guidelines for single–family development that address neighborhood compatibility and visual and privacy impacts.
Community
Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Strategy LU‐
27.1.2 Neighborhood
Guidelines
Identify neighborhoods that have a unique architectural style, historical background or location and develop plans that preserve and enhance their character. Support and bu dget for special zoning or design guidelines (e.g. the Fairgrove Eichler neighborhood) and single–story overlay zones in neighborhoods, where there is strong neighborhood support.
Community
Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Strategy LU‐
27.1.3 Flexibility When neighborhoods are in transition, add flexibility for requ irements for new development that acknowledge the transition while continuing to respect the existing neighborhood.
Community
Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Strategy LU‐
27.1.4 Late Night Uses
Discourage late–evening entertainment activities such as night–clubs in commercial areas where parcels are especially narrow, abut single–family residential development, and cannot adequately provide visual and noise buffers.
Community
Development – Planning General Fund Con. Not an action item.
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NEIGHBORHOODS Policy LU‐27.2 Relationship to the
Street
Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages.
Community
Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Policy LU‐27.3 Entries Define neighborhood entries through architecture, or landscaping appropriate to the character of the neighborhood. Gates are discouraged because they isolate developments from the community.
Community
Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Policy LU‐27.4 Connections
Support pedestrian and bicycling improvements that improve access with neighborhoods to parks, schools and local retail, and between neighborhoods. Support traffic calming measures rather than blo
cking the street to reduce traffic impacts on neighborhoods.
Public Works –
Development Services General Fund Con.
Not an action item. Implemented through
the Bike/Ped Master Plans and the Capital
Improvement project and/or project review.
NEIGHBORHOODS Policy LU‐27.5 Streets Determine appropriate street widths, bike lane, sidewalk and streetlight design to define the uni que character of neighborhoods, where appropriate.
Public Works –
Development Services General Fund Con. Not an action item.
NEIGHBORHOODS Policy LU‐27.6 Multi–family
Residential Design Maintain an attractive, liveable environment for multi–family dwellings. Community Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Strategy LU‐
27.6.1 Provision of Outdoor
Areas
Provide outdoor areas, bo th passive and active, and generous landscaping to enhance the surroundings for multi–family residents. Allow public access to the common outdoor areas whenever possible.
Community
Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Strategy LU‐
27.6.2 Ordinance Updates Update the Planned Development (residential) and R–3 ordinances to achieve the policies and strategies applicable to mu
lti–family development in neighborhoods.
Community
Development – Planning General Fund Con./IM Completed update to Planned Development Ordinance in 2019.
NEIGHBORHOODS Policy LU‐27.7 Compatibility of Lots Ensure that zoning, subdivision and lot–line adjustment requests related to lot size or lot design consider the need to preserve neighborhood lot patterns.
Community
Development – Planning General Fund Con. Not an action item.
NEIGHBORHOODS Strategy LU‐
27.7.1 Lot Size
Ensure that subdivision and lot–line adjustment requests respect the neighborhood lot size patterns.
Consider revisions to lot size requirements if the neighborhood lot pattern is different from the zoning requirements.
Community
Development –
Planning; Public Works –
Development Services
General Fund
Con. Not an action item.
NEIGHBORHOODS Strategy LU‐
27.7.2 Flag Lots Allow flag lots only in cases where they are the sole alternative to integrate subdivisions with the surrounding neighborhood.
Community
Development –
Planning; Public Works –
Development Services
General Fund Con. Not an action item.
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NEIGHBORHOODS Policy LU‐27.8 Protection
Protect residential neighborhoods from noise, traffic, light, glare, odors and visually intrusive effects from more intense development with landscape buffers, site and building design, setbacks and other appropriate measures.
Community
Development –
Planning; Public Works –
Development Services
and Transportation
General Fund Con. Not an action item. Implemented via
standards in the Municipal Code.
NEIGHBORHOODS Policy LU‐27.9 A
menities and
Services
Improve equitable distribution of community amenities such as parks and access to shopping within walking and bicycling distance of neighborhoods.
Public Works –
Development Services;
Community
Development – Planning
General Fund IM Parks Master Plan currently under review.
No further action required at this time.
INSPIRATION
HEIGHTS
NEIGHBORHOOD
Policy LU‐28.1
Connectivity
Improve bicycle and pedestrian environment along Foothill Boulevard and Stevens Canyon Road to improve neighborhood connectivity to services as well as for hikers and bikers accessing natural open spaces in the vicinity.
Public Works –
Transportation General Fund Con.
Not an action item. Implemented through
the Ped/Bike Master Plans and
improvements for private developments.
INSPIRATION
HEIGHTS
NEIGHBORHOOD
Policy LU‐28.2 Merriman–Santa
Lucia Neighb
orhood
Allow legal, non–conforming duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard.
Community
Development – Planning General Fund Con. Not an action item.
OAK VALLEY
NEIGHBORHOOD Policy LU‐29.1 Development
Intensity
Require development intensity for the single–family Oak Valley neighborhood to be consistent wi th the development agreement that includes the use permit and other approvals. The development agreement describes development areas, intensity and styles of development, public park dedication, tree protection, access and historic preservation. The theme of the approvals is to balance development wi th environmental protection by clustering development, setting it back from sensitive environmental areas and preserving large areas as permanent open space.
Community
Development – Planning General Fund Con. Not an action item.
OAK VALLEY
NEIGHBORHOOD Policy LU‐29.2 Design Elements
Require buildings to reflect the natural hillside setting as required in residential hillside zones with traditional architectural styles and natural materials and colors. Larger bu ilding elements should be scaled
to respect the existing development in the surrounding area.
Community
Development – Planning General Fund Con.
Not an action item. Architectural standards
in the approved documents for the Oak
Valley development.
FAIRGROVE
NEIGHBORHOOD Policy LU‐30.1 Development
Standards Require all new construction to conform to the R1–e zoning (Single Family Residential – Eichler). Community Development – Planning General Fund Con. Not an action item.
FAIRGROVE
NEIGHBORHOOD Policy LU‐30.2 Design Guidelines Encourage residents to incorporate the design guidelines illustrated in the Eichler Design Guidelines. Community Development – Planning General Fund Con. Not an action item.
AVAILABILITY OF
HOUSING Policy HE‐1.1
Provision of Adeq
uate
Capacity for New
Construction
Designate sufficient land at appropriate densities to accommodate Cupertinoʹs Regional Housing Needs Allocation (RHNA) of 1,064 units for the 2014‐2022 planning period.
Community
Development – Planning General Fund IM
Completed with identification of Priority
Housing Sites in 2014/2015 and completion
of rezoning in 2019. Housing Element
update commenced in October 2021,
statu
torily required to be completed by Jan.
31 2023. Initial outreach conducted in 2021.
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AVAILABILITY OF
HOUSING Policy HE‐1.2 Housing Densities Provide a full range of densities for ownership and rental housing. Community Development – Planning None Required Con. Not an action item.
AVAILABILITY OF
HOUSING Policy HE‐1.3 Mixed‐use
Development Encourage mixed–use development near transportation facilities and employment centers. Community Development – Housing None Required Con. Not an action item.
AVAILABILITY OF
HOUSING
Community
Development – Planning
and Housing
None Required IM Action completed
Land Use Policy and
Zoning Provisions
Strategy HE‐
1.3.1 To accommodate the Regional Housing Needs Allocation (RHNA), the City will continue to:
*Provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the RHNA of 1,064 units while maintaining a balanced land use plan that offers opportunities for employment growth, commercial/retail activities, services and amenities. *Monitor development standards to ensu
re they are adequate and appropriate to facilitate a range of housing in the community.
*Monitor the sites inventory and make it available on the City website. *Monitor development activity on the Housing Opportunity Sites to ensu re that the City maintains sufficient land to accommodate the RHNA during the planning period. In the event a housing site listed in the Housing Element sites inventory is redeveloped with a non–residential use or at a lower density than shown in the Housing Element sites inventory, ensu re that the City has adequate capacity to meet the RHNA by making the findings required by Government Code Section 65863 and identifying alternative site(s) within the City if needed.
* Priority Housing Sites: As part of the Housing Element update, the City has identified five priority sites under Scenario A (see Table HE–5) for residential development over the next eight years. The General Plan and zoning designations allow the densities shown in Table HE–5 for all sites except the Vallco Shopping District w
ill involve significant planning and community input. A specific plan will be required to implement a comprehensive strategy for a retail/office/residential mixed use development. The project applicant woul
d be required to work closely with the community and the City to bring forth a specific plan that meets the community’s needs, with the anticipated adoption and rezoning to occur within three years of the adoption of the 2014–2022Housing Element (by May 31, 2018). The specific plan woul d permit 389 units by right at a minimum density of 20 units per acre. If the specific plan and rezoning are not adopted within three years of Housing Element adoption (by May 31, 2018), the City will schedule hearings consistent with Govt. Code Section 65863 to consider removing Vallco as a priority housing site unde
r Scenario A, to be replaced by sites identified in Scenario B (see detailed discussion and sites listing of “Scenario B” in Appendix B – Housing Element Technical Appendix). As part of the adoption of Scenario B, the City intends to add two additional sites to the inventory: Glenb rook Apartments and Homestead Lanes, along with increased number of permitted units on The Hamptons and The Oaks sites.
Applicable zoning is in place for Glenbrook Apartments and Homestead Lanes site would need to be rezoned at that time to permit residential uses. Any rezoning required w ill allow residential uses by right at a minimum density of 20 units per acre.
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AVAILABILITY OF
HOUSING HE‐1.3.2 Second Dwelling
Units
The City will continue to implement the Second Dwelling Unit Ordinance and encourage the production of second units.
Community
Development – Planning None Required Con.
Not an action item. 134 ADUs have been
permitted through 2021. The ordinance is
regularly updated to comply with state law.
Pre‐approved ADUs Program was part of
the 2020‐2021 City Council Work Program
and has been launched.
AVAILABILITY OF
HOUSING
Strategy HE‐
1.3.3 Lot C
onsolidation
To facilitate residential and mixed use developments, the City will continue to:
*Encourage lot consolidation when contiguous smaller, underutilized parcels are to be redeveloped. *Encourage master plans for such sites wi th coordinated access and circulation. *Provide technical assistance to property owners of adjacent parcels to facilitate coordinated redevelopment where appropriate.
*Encourage intra– and inter–agency cooperation in working with applicants at no cost prior to application submittal for assistance with preliminary plan review.
Community
Development – Planning None Required Con. Not an action item.
AVAILABILITY OF
HOUSING
Strategy HE‐
1.3.4 Flexible Development
Standards
The Ci
ty recognizes the need to encourage a range of housing options in the community. The City will continue to:
*Offer flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratio and setbacks, particularly for higher density and attached housing developments.
*Consider granting reductions in off–street parking on a case–by–case basis for senior housing.
Community
Development – Planning None Required Con. Not an action item. Implemented via Municipal Code.
AVAILABILITY OF
HOUSING
Strategy HE‐
1.3.5 Heart of the City
Specific Plan
To reduce constraints to housing development, and in order to ensu re that the designated sites can obtain the realistic capacity shown in the Housing Element, the City will review revisions to the Heart of the City Specific Plan residential density calculation requirement, to eliminate the requirement to net the non–residential portion of the development from the lot area.
Community
Development – Planning None Required
IM Action completed in 2014.
HOUSING
AFFORDABILITY Strategy HE‐2.1 Housing Mitigation Ensure that all new developments – including market–rate residential developments – help mitigate project–related impact on affordable housing needs.
Community
Development – Planning BMR AHF Con. Not an action item. Implemented via Municipal Code and BMR Manual.
HOUSING
AFFORDABILITY Policy HE‐2.2 Range of Housing
Types
Encourage the development of diverse housing stock that provides a range of housing types (including smaller, moderate cost of housing) and affordability levels. Emphasize the provision of housing for low er– and moderate–income households including wage earners who provide essential public services (e.g. school district employees, municipal and pu blic safety employees, etc.) Community
Development – Housing BMR AHF Con.
Not an action item. Hamptons (approved in
2016) provided 30 moderate and 7 Low
Income units and Marina (approved in 2016)
provided 2 moderate and 16 Very‐low
income units. Hamptons has a 10 year
Development Agreement approved in 2016.
Hamptons had a 5 year Development
Agreement which has expired in 2021. A
modification of the project is anticipated.
Vallco SB35 project approved with 361
Very low and 840 Low income units in
2018
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HOUSING
AFFORDABILITY Policy HE‐2.3
Development of
Affordable Housing
and Housing for
Persons with Special
Needs
Maintain and/or adopt appropriate land use regulations and other development tools to encourage the development of affordable housing. Make every reasonable effort to disperse units throughout the community but not at the expense of undermining the fundamental goal of providing affordable uni ts.
Community
Development – Planning
and Housing
BMR AHF IM
FY 19‐20, FY 20‐21, and FY 21‐22 work
program ‐ Efforts to accommodate an
Extremely Low Income affordable housing
development for persons with
developmental disabilities underway
HOUSING
AFFORDABILITY
Strategy HE‐
2.3.1 Office and Industrial
Housing Mitigation
Program
The Ci ty will continue to implement the Office and Industrial Housing Mitigation Program. This program requires that developers of office, commercial and industrial space pay a mitigation fee, which will then be used to support affordable housing in the City of Cupertino. These mitigation fees are collected and deposited in the Ci ty’s Below Market–Rate Affordable Housing Fund (BMR AHF).
Community
Development – Planning
and Housing
BMR AHF IM
Housing Mitigation Manual and BMR Fee
updated in May 2020, including new 20%
inclusionary requirement for ownership
units in projects over 7 units.
Community
Development – Planning
and Housing
Add people with special needs, as a bonus
point?
HOUSING
AFFORDABILITY
The Ci ty will continue to implement the Residential Housing Mitigation Program to mitigate the need for affordable housing created by new market–rate residential development. This program applies to new residential development. Mitigation includes either the payment of the “Housing Mitigation” fee or the provision of a Below Market–Rate (BMR) uni t or units. Projects of seven or more for–sale units must provide on–site BMR units. Projects of six units or fewer for–sale units can either build one BMR unit or pay the Housing Mitigation fee. Developers of market–rate rental units, where the units cannot be sold individually, must pay the Housing Mitigation fee to the BMR AHF. The BMR program specifies the follow
ing:
a. Priority. To the extent permitted by law, priority for occupancy is given to Cupertino residents, Cupertino full–time employees, and Cupertino public service employees as defined in Cupertino’s Residential Housing Mitigation Manual.
b. For–Sale Residential Developments. Require 15% for–sale BMR uni ts in all residential developments where the units can be sold individually (including single–family homes, common interest developments, and condominium conversions or allow rental BMR units as allowed in (d) below). c. Rental Residential Developments. To the extent permitted by law, require 15% rental very low and low–income BMR uni ts in all rental residential developments. If the City is not permitted by law to require BMR units in rental residential developments, require payment of the Housing Mitigation Fee. d. Rental Alternative. Allow rental BMR units in for–sale residential developments, and allow developers of market–rate rental developments to provide on–site rental BMR uni ts. If the developer: 1) enters into an agreement limiting rents in exhange for a financial contribution or a type of assistance specified in density bonus law (which includes a variety of regulatory relief); and 2) provides very low–income and low–income BMR rental units.
e. Affordable Prices and Rents. Establish gu idelines for affordable sales prices and affordable rents for new affordable housing and update the guidelines each year as new income guidelines are received. f. Development of BMR Units Off Site. Allow developers to meet all or a portion of their BMR or Housing Mitigation fee requirement by making land available for the Ci ty or a nonprofit housing developer to construct affordable housing, or allow developers to construct the required BMR units off site, in th i ith fit Th it i f ld dt i ff it BMR it ( bi ti f th BMR AHFResidential Housing
Mitigation Program
Strategy HE‐
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HOUSING
AFFORDABILITY
Strategy HE‐
2.3.3 Below Market‐Rate
(BMR) Affordable
Housing Fund (AHF)
The City’s BMR AHF will continue to support affordable housing projects, strategies and services, including but not limited to:
• BMR Program Administration
• Substantial rehabilitation
• Land acquisition
• Acquisition of buildings for
permanent affordability, with or
without rehabilitation• New construction
• Preserving “at‐risk” BMR uni ts
• Rental operating subsidies
• Down payment assistance
• Land write‐downs
• Direct gap financing
• Fair housing
The City will target a portion of the BMR AHF to benefit extremely lowincome households and persons with special needs (such as the elderly,
victims of domestic violence, and the disabled, inclu ding persons with developmental disabilities), to the extent that these target populations are found to be consistent with the needs identified in the nexus study the City prepares to identify the connection, or “nexus” between new developments and the need for affordable housing.
To ensure the mitigation fees continue to be adequate to mitigate the impacts of new development on affordable housing needs, the Ci
ty will update its Nexus Study for the Housing Mitigation Plan by the end of 2015.
Community
Development – Housing BMR AHF IM
Nexus study updated in 2015 and 2020.
Details about the use of the BMR AHF are
reviewed and approved by the Housing
Commission and the Ci
ty Council. In 2021,
the BMR AHF provided funding to the
following: •BMR Program Administration‐
8 new rental households and 3 new
ownership household were assisted and 52
households received housing referrals and
resources •Fair Housing & Tenant‐
Landlord Counseling & Dispute
Resolution Services‐ $50,000 to Project
Sentinel (157 cases)
partnership with a nonprofit. The criteria for land donation or off–site BMR units (or combination of the two options) will be identified in the Residential Housing Mitigation Manual. g. BMR Term. Require BMR units to remain affordable for a minimum of 99 years; and enforce the City’s first right of refusal for BMR units and other means to ensure that BMR units remain affordable.
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HOUSING
AFFORDABILITY
Strategy HE‐
2.3.4 Housing Resources
Cupertino residents and developers interested in providing affordable housing in the City have access to a variety of resources administered by other agencies. The City will continue to provide information on housing resources and services offered by the County and other outside agencies.
These include, but are not limited to:
• Mortgage Credi
t Certificate (MCC) – Santa Clara County Housing and Community Development Department.
• First‐Time Homebuyer Assistance and Developer Loans for Multi‐Family Development ‐ Housing Trust Silicon Valley (HTSV).
• Housing Choice Vouchers (Section 8) ‐ Housing Authority of Santa Clara County (HASCC). • Affordable housing development
Community
Development – Housing None Required
No action is required at this time.
Information and technical assistance
continues to be provided by Ci ty Staff and
Riseo Housing (the Cityʹs BMR program
administrator.
HOUSING
AFFORDABILITY
Strategy HE‐
2.3.5 Surplus Properties for
Housing
The City will explore opportunities on surplus properties as follows:
*Work with local pu blic agencies, school districts and churches to identify surplus properties or underutilized properties that have the potential for residential development. *Encourage long–term land leases of properties from churches, school districts, and corporations for construction of affordable units.
*Evaluate the feasibility of developing special housing for teachers or other employee groups on the surplus properties.
*Research other jurisdictions housing programs for teachers for their potential applicability in Cupertino.
Community
Development – Housing BMR AHF
Con.
Housing staff reviewing opportunities on an
ongoing basis. FY 19‐20, FY 20‐21, and FY
21‐22 work program item‐ evaluate
feasability of affordable development on
City owned sites (10301 Byrne Avenue and
Mary Avenue)
HOUSING
AFFORDABILITY
Strategy HE‐
2.3.6 Incentives for
Affordable Housing
Development
The Ci
ty will continue to offer a range of incentives to facilitate the development of affordable housing.
These include:
*Financial assistance through the City’s BMR AHF and CDBG funds *Partner with CDBG and/or support the funding application of qu alified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, Low income Housing Tax Credits (LIHTC), and mortgage revenue bonds.
*Flexible development standards.
*Technical assistance.
*Waiver of park dedication fees and construction tax.
*Parking ordinance waivers.
*Expedited permit processing.
The City joined the Santa Clara County HOME Consortium so that HOME funds for eligible affordable housing projects wi
thin the City of Cupertino are available beginning federal fiscal year 2015.
Community
Development – Housing
and Planning
BMR AHF,
CDBG; HOME;
General Fund
Con.
In 2021, BMR AHF and CDBG funds were
provided to the following: •CDBG ‐
$98,511.880 to Rebuilding Together Silicon
Valley, a low income housing repair and
rehab program •CDBG‐ $222,971.72 to
Vista Village Renovation Project, a low
income affordable housing development.
Also, participate in the Regional CDBG/
Housing Coordinators meeting and
provide technical assistance to the public
service agencies it funds. The City is a
member of the Santa Clara County HOME
Consortium and has applied to join the
Santa Clara County Consortium for State
PLHA funds.
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AFFORDABILITY
Strategy HE‐
2.3.7 Density Bonus
Ordinance
The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include one of the following:
*At least 5% of the housing units are restricted to very low income residents. *At least 10% of the housing units are restricted to low er income residents *At least 10 % of the housing units in a for–sale common interest development are restricted to moderate income residents.
*The project donates at least 1 acre of land to the City or county large enough for 40 very low income units; the land has the appropriate general plan designation, zoning, permits, approvals, and access to pu
blic facilities needed for such housing; funding has been identified; and other requirements are met.
A density bonus of up to 20% must be granted to projects that contain one of the following:
*The project is a senior citizen housing development (no affordable units required). *The project is a mobile home park age restricted to senior citizens (no affordable uni ts required).
For projects that contain on–site affordable housing, developers may request one to three regulatory concessions, which must result in identifiable cost reductions and be needed to make the housing affordable.
The City will update the density bo nus ordinance as necessary to respond to future changes in State Law.
Community
Development – Planning
and Housing
None Required Con.
Recent amendments (as of Sept. 2020) to
state law will require the city to amend the
Density Bonus Ordinance. These will be
presented in 2021 for adoption. In addition,
the Ci ty approved the Westport project in
August 2020, which was further modified
in 2021, which utilized the state density
bonus provisions, including density bonus,
incentives and concessions and waivers.
HOUSING
AFFORDABILITY
Strategy HE‐
2.3.8 Extremely Low‐
Income Housing and
Housing for Persons
with Special Needs
The City will continue to encourage the development of adequate housing to meet the needs of extremely low
–income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled, including persons with developmental disabilities). Specifically, the City will consider the following incentives:
*Provide financing assistance using the BMR AHF and CDBG *Allow residential developments to exceed planned density maximums if they provide special needs housing and the increase in density w
ill not overburden neighborhood streets or hurt neighborhood character.
*Grant reductions in off–street parking on a case–by–case basis. *Partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, inclu ding HOME finds, Low Income Housing Tax Credits( LIHTC), and mortgage revenue bond.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con. Not an action item.
HOUSING
AFFORDABILITY
Strategy HE‐
2.3.9 Employee Housing
The City permits employee housing in multiple zoning districts. Pursuant to the State Employee Housing Act, any employee housing consisting of no more than 36 beds in a group quarters or 12 uni ts or spaces designed for use by a single family or household shall be deemed an agricultural land use. No conditional use permit, zoning variance, or other zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allow
ing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. The Employee Housing Act also specifies that housing for six or fewer employees be treated as a residential use . The City amended the Zoning Ordinance to be consistent with the State law in 2014 and will continue to comply with the Employee Housing Act where it would apply.
Community
Development – Planning None Required IM Completed in 2014. Zoning Code amended to be consistent wi th State Law.
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MAINTAINING
EXISTING HOUSING
STOCK
Policy HE‐3.1 Housing
Rehabilitation
Pursue and/or provide funding for the acquisition/rehabilitation of housing that is affordable to very low–, low– and moderate–income households. Actively support and assist non–profit and for–profit developers in producing affordable units.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.
In 2021, CDBG funds were provided to the
following residential rehabilitation efforts:
•CDBG ‐ $98,511.880 to Rebuilding
Together Silicon Valley, a low income
housing repair and rehab program •CDBG‐
$222,971.72 to Vista Village Renovation
Project, a low income affordable housing
development.
MAINTAINING
EXISTING HOUSING
STOCK
Policy HE‐3.2 Maintenance and
Repair
Assist low
er–income homeowners and rental property owners in maintaining and repairing their housing uni
ts.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con. Not an action item.
MAINTAINING
EXISTING HOUSING
STOCK
Policy HE‐3.3 Conservation of
Housing Stock
The City’s existing multi–family units provide opportunities for households of varied income levels.
Preserve existing multi–family housing stock by preventing the net loss of mu lti–family housing units in new development and the existing inventory of affordable housing units that are at risk of converting to market–rate housing.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con. Not an action item.
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE‐
3.3.1 Residential
Rehabilitation
The City will continue to:
*Utilize its BMR AHF and CDBG funds to support residential rehabilitation efforts in the community.
These inclu
de: Acquisition/rehabilitation of rental housing and Rehabilitation of owner–occupied housing. *Provide assistance for home safety repairs and mobility/accessibility improvements to income–qualified owner–occupants using CDBG funds. The focus of this strategy is on the correction of safety hazards. *Partner with and/or support the funding application of qu alified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, Low Income Housing Tax Credits (LIHTC), and mortgage revenue bonds.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.
In 2021, CDBG funds were provided to the
following residential rehabilitation efforts:
•CDBG ‐ $98,511.880 to Rebuilding
Together Silicon Valley, a low income
housing repair and rehab program •CDBG‐
$222,971.72 to Vista Village Renovation
Project, a low income affordable housing
development.
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MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE‐
3.3.2 Preservation of At‐
Risk Housing Units
One housing project – Beardon Drive (eight units) – is considered at risk of converting to market–rate housing during the next ten years. The City will proactively contact the property owner regarding its intent to remain or opt out of the affordable program. In the event, the project beco mes a risk of converting to market–rate housing, the City will work with the property owner or other interested non–profit housing providers to preserve the units. The City will also conduct outreach to the tenants to provide information on any potential conversion and available affordable housing assistance programs.
The Ci
ty will continue to monitor its entire portfolio of affordable housing for–sale and rental inventory annually. The City will monitor its affordable for–sale inventory by ordering title company lot books, reviewing property profile reports and updating its public database annually. The City will monitor its affordable rental income certifications for each BMR tenant. The Ci ty records a Resale Restriction
Agreement against each affordable BMR for–sale units and Regulatory Agreement for BMR rental units to help ensure long–term affordability. To help further preserve the City’s affordable housing stock, the City may consider providing assistance to rehabilitate and upgrade the affordable uni t as well.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.
Not an action item. Several units coming up
on expiration of their deed restrictions. Can
there be an incentive to retain them in the
BMR pool?
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE‐
3.3.3 Condominium
Conversion
The existing C ondominium Conversion Ordinance regulates the conversion of rental units in multi–family housing development in order to preserve the rental housing stock. Condominium conversions are not allowed if the rental vacancy rate in Cupertino and adjacent areas is less than 5% at the time of application for conversion and has average 5% over the past six months. The Ci ty will continue to monitor the effectiveness of this ordinance in providing opportunities for homeownership while preserving a balanced housing stock with rental housing.
Community
Development – Planning None Required Con. Not an action item.
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE‐
3.3.4 Housing Preservation
Program
When a proposed development or redevelopment of a site woul d cause a loss of multi–family housing, the City will grant approval only if:
*The project will comply with the City’s BMR program
*The number of units provided on the site is at least equal to the number of existing units; and *Adverse impacts on displaced tenants, in developments wi th more than four units, are mitigated.
In addition, indirect displacement may be caused by factors such as increased market rents as areas become more desirable. The City will participate, as appropriate, in studies of regional housing need and displacement, and consider policies and programs to address the indirect displacement of low er income residents as appropriate.
Community
Development – Planning
and Housing
None Required Con.
Not an action item. In 2016, the Hamptons
project was required to provide relocation
assistance to the displaced tenants in the
existing units.
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE‐
3.3.5 Neighborhood and
Community Clean‐up
Campaigns
The City w ill continue to encourage and sponsor neighborhood and community clean–up campaigns for both public and private properties.
Community
DevelopmentPublic
Works – Environmental
Programs
General Fund Con. Not an action item.
SUSTAINABLE
HOUSING
DEVELOPMENT
Policy HE‐4.1 Energy and Water
Conservation Encourage energy and water conservation in all existing and new residential development.
Community
Development – Building
and Planning
None Required Con. Not an action item. Implemented via
Strategies HE‐4.1.1 & HE‐4.1.2
SUSTAINABLE
HOUSING
DEVELOPMENT
Strategy HE‐
4.1.1 Enforcement of Title
24 The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainabililty Element.
Community
Development – Bu ilding None Required Con. Not an action item. Implemented through the Municipal Code.
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SUSTAINABLE
HOUSING
DEVELOPMENT
Strategy HE‐
4.1.2 Sustainable Practices
The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and non–residential development, additions, renovations, and tenant improvements of ten or more units.
To further the objectives of the Green Bu ilding Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or new) with fewer than ten units to exceed the minimum requirements of the CA Green Building Code. This City will also implement the policies in its climate action plan to achieve residential–focu
sed greenhouse gas emission reductions and further these community energy and water conservation goals.
Community
Development – Planning
and Building
None Required Con. Not an action item. Implemented through the Municipal Code.
LOWER‐INCOME AND
SPECIAL NEEDS
HOUSING
Policy HE‐5.1
Lower‐Income and
Special Needs
Households
Support organizations that provide services to low er–income households and special needs households in the City, such as the homeless, elderly, disabled and single parent households.
Community
Development – Housing
None BMR
AHF; CDBG;
HSG
Con. Not an action item. Implemented via
Strategies HE‐5.1.1 & HE‐5.1.2
LOWER‐INCOME AND
SPECIAL NEEDS
HOUSING
Strategy HE‐
5.1.1 Emergency Shelters
The Ci
ty will continue to facilitate housing opportunities for special needs persons by allowing emergency shelters as a permitted use in the “BQ” Quasi–Public zoning district. The City will subject emergency shelters to the same development standards as other similar uses within the BQ zoning district, except for those provisions permitted by State Law and provided in the Zoning Ordinance for emergency shelters.
Community
Development – Planning None Required
Con. Not an action item.
LOWER‐INCOME AND
SPECIAL NEEDS
HOUSING
Strategy HE‐
5.1.2 Supportive Services
for Lower‐Income
Households and
Persons with Special
Needs
The City will continue to utilize its BMR AHF, CDBG and General Fund Human Service Grants (HSG) funds to provide for a range of supportive services.
Community
Development – Housing
BMR AHF;
CDBG; HSG Con.
In 2021, BMR AHF, CDBG, and HSG funds
were provided to the following: •HSG‐
$10,000 to Catholic Charities of Santa Clara
County, a long‐term care ombudsman
program•HSG‐ $25,000 to MAITRI, a
transitional housing direct client services
program•HSG‐ $15,000 to Senior Adult
Legal Assistance, a legal assistance to
elders program; •HSG ‐ $65,780 to Haven
to Home, a West Valley Community
Services Program
LOWER‐INCOME AND
SPECIAL NEEDS
HOUSING
Strategy HE‐
5.1.3 Rotating Homeless
Shelter The City will continue to support the operation of a Rotating Homeless Shelter program. Community Development – Housing None Required Con. No action is required at this time.
FAIR HOUSING Policy HE‐6.1 Housing
Discrimination
The City will work to eliminate on a citywide basis all unl awful discrimination in housing with respect to age, race, sex, sexual orientation, marital or familial status, ethnic background. medical condition, or other arbitrary factors, so that all persons can obtain decent housing.
Community
Development – Housing
BMR AHF;
CDBG Con. Implemented via Strategies HE‐6.1.1.
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FAIR HOUSING Strategy HE‐
6.1.1 Fair Housing Services
The City will continue to:
*Provide fair housing services, which include outreach, education, counseling, and investigation of fair housing complaints.
*Retain a fair housing service provider to provide direct services for residents, landlords and other housing professionals.
*Coordinate with efforts of the Santa Clara County Fair Housing Consortium to affirmatively further fair housing.
*Distribute fair housing materials produced by various organizations at pu blic counters and public events
Community
Development – Housing
BMR AHF;
CDBG Con.
Continue to provide fair housing services
including outreach, education, counseling,
and investigation of fair housing
complaints. In 2021, $50,000 in BMR AHF
funds were provided to Project Sentinel,
for Fair Housing & Tenant Landlord
Counseling & Dispute Resolution Services
(157 cases).
LOCAL AND
REGIONAL
COORDINATION
Policy HE‐7.1 Coordination wi
th
Local School Districts
The Cupertino community places a high value on the excellent quality of education provided by the three public school districts which serve residents. To ensu re the long–term sustainability of the schools in tandem with the preservation and development of vibrant residential areas, the City will continue to coordinate with the CUSD, FHUSD, and SCUSD.
Community
Development – Planning None Required Con.
Not an action item. All development projects
are forwarded for review to the school
districts.
LOCAL AND
REGIONAL
COORDINATION
Policy HE‐7.2
Coordination wi
th
Regional Efforts to
Address Housing‐
Related Issues
Coordinate efforts with regional organizations, including ABAG and the BAAQMD, as well as neighboring jurisdictions, to address housing and related quality of life issues (such as air quality and transportation).
Community
Development – Housing
and Planning
None Required Con.
Staff participated in regional coordination
efforts with the now concluded RHNA
process with regional planning staff to
represent local views. Staff continues to
coordinate
LOCAL AND
REGIONAL
COORDINATION
Policy HE‐7.3 Public‐Private
Partnerships
Promote public‐private partnerships to address housing needs in the community, especially housing for the workforce.
Community
Development – Planning
and Housing
None Required Con. Not an action item.
LOCAL AND
REGIONAL
COORDINATION
Strategy HE‐
7.3.1 Coordination with
Outside Agencies and
Organizations
The City recognizes the importance of partnering with outside agencies and organizations in addressing local and regional housing issues.
These may include, but are not limited to, the following:
*School districts
*Housing providers
*Neighboring jurisdictions
*ABAG
*BAAQMD
*Housing Trust Silicon Valley
*Santa Cl
ara County Fair Housing Consortium
*Santa Clara County Continuum of Care (COC)
*Housing Authority of Santa Clara County (HASCC)
*VTA
Specifically, the City will meet with these agencies/organizations periodically to discuss the changing needs, development trends, alternative approaches, and partnering opportunities.
Community
Development – Planning
and Housing
None Required Con. Not an action item. Conti nued coordination with regional agencies and non‐profits.
REGIONAL
COORDINATION Policy M‐1.1
Regional
Transportation
Planning
Participate in regional transportation planning processes to develop programs consistent with the goals and policies of Cupertino’s General Plan and to minimize adverse impacts on the City’s circulation system. Work with neighboring cities to address regional transportation and land use issues of mutual interest.
Pu
blic Works –
Transportation General Fund Con.
Not an action item. Coordination with
neighboring cities and regional agencies is
active and ongoing.
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REGIONAL
COORDINATION Policy M‐1.2 Transportation Impact
Analysis
Participate in the development of new multi–modal analysis methods and impact thresholds as required by Senate Bill 743. However, until such impact thresholds are developed, continue to optimize mobility for all modes of transportation while striving to maintain the following intersection Levels of Service (LOS) at a.m. and p.m. peak traffic hours:
*Major intersections: LOS D
*Stevens Creek Boulevard and De Anza Boulevard: LOS E+
*Stevens Creek Boulevard and Stelling Road: LOD E+
*De Anza Boulevard and Bollinger Road: LOS E+
Pu
blic Works –
Transportation General Fund IM
FY 2019/2020 Work Program Item to
develop the Transportation Impact Analysis
policies for CEQA analysis. Proposed policy
reviewed by Planning Commission in Dec.
2020 and to be presented to City Council for
adoption in early 2021. LOS thresholds will
be revisited for compliance with SB 743.
Transportation Analysis Guidelines have
been developed for both CEQA and non‐
CEQA evaluation of transportation impacts
of land development per the requirements
of SB 743. LOS standards in GP need to be
evaluated in terms of VMT impact in order
to be consistent with SB 743
REGIONAL
COORDINATION Policy M‐1.3 Regional Trail
Development
Conti nue to plan and provide for a comprehensive system of trails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail.
Public Works –
Development Services
and Transportation
None Required Con.
No action requried at this time.
Implemented through the Bike/Ped Master
Plans.
COMPLETE STREETS Policy M‐2.1 Street Design Adopt and maintain street design standards to optimize mobility for all transportation modes including automobiles, walking, bicycling and transit.
Public Works –
Development Services
and Transportation
General Fund Con. Not an action item.
COMPLETE STREETS Policy M‐2.2 Adjacent Land Use
Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and sidewalks to complement adjacent land uses in keeping with the vision of the Planning Area. Strive to minimize adverse impacts and expand alternative transportation options for all Planning Areas (Special Areas and Neighb
orhoods). Improvement standards shall also consider the urban, suburban and rural environments found within the City.
Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Reviewed in
conjunction with development review.
COMPLETE STREETS Strategy M‐
2.2.1 Rural Road
Improvement
Standards
Consider candidate rural roads and develop specific street improvement standards that preserve the rural character of these streets. Rural roads woul
d typically feature natural landscaping, no sidewalks and narrow unpaved shoulders.
Public Works –
Transportation and
Development Services
General Fund Con.
Not an action item. Implemented in
cooperation with neighborhoods at their
request.
COMPLETE STREETS Strategy M‐
2.2.2 Semi–rural Road
Improvements
Standards
Consi der candidate semi–rural roads where curb and gutter improvements, and no sidewalks, are appropriate.
Public Works –
Transportation and
Development Services
General Fund Con.
Not an action item.Implemented in
cooperation with neighborhoods at their
request.
COMPLETE STREETS Strategy M‐
2.2.3 Urban Road
Improvement
Standards
Develop urban improvement standards for arterials such as Stevens Creek and De Anza Boulevards. In these areas, standards may include wide sidewalks, tree wells, seating, bike racks and appropriate street furniture.
Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Reviewed in
conjunction with development review.
COMPLETE STREETS Strategy M‐
2.2.4 Suburban Road
Improvement
Standards
Develop suburban road improvement standards for all streets not designated as rural, semi‐rural or in the Crossroads Area.
Pu
blic Works –
Transportation and
Development Services
General Fund Con. Not an action item. Reviewed in
conjunction with development review.
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COMPLETE STREETS Policy M‐2.3 Connectivity Promote pedestrian and bicycle improvements that improve connectivity between planning areas, neighborhoods and services, and foster a sense of community.
Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Implemented through the Bike/Ped Master Plans.
COMPLETE STREETS Policy M‐2.4 Community Impacts
Reduce traffic impacts and support alternative modes of transportation rather than constructing barriers to mobility. Do not close streets unless there is a demonstrated safety or over–whelming through traffic problem and there are no acceptable alternatives since street closures move the problem from one street to another.
Pu
blic Works –
Transportation and
Development Services
General Fund Con.
Not an action item. Ongoing
implementation through Safe Routes to
School and other programs.
COMPLETE STREETS Policy M‐2.5 Public Accessibility Ensure all new public and private streets are publicly accessible to improve w alkability and reduce impacts on existing streets.
Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Reviewed in conjunction with development review.
COMPLETE STREETS Policy M‐2.6 Traffic Calming Consider the implementation of best practices on streets to reduce speeds and make them user–friendly for alternative modes of transportation, inclu ding pedestrians and bicyclists.
Public Works –
Transportation and
Development Services
General Fund Con.
FY 19/20 Work Plan Item. Traffic calming
program developed funded and
implementation ongoing.
WALKABILITY AND
BIKEABILITY Policy M‐3.1
Bicycle and
Pedestrian Master
Plan
Adopt and maintain a Bicycle and Pedestrian Master Plan, which outlines policies and improvements to streets, extension of trails, and pathways to create a safe way for people of all ages to bike and walk on a daily basis, and as shown in Figure M‐1.
Pu
blic Works –
Transportation General Fund IM
Master Plans completed and ongoing
maintenance of these plans will be
performed. Implementation ongoing
through the Capital Improvement Program.
WALKABILITY AND
BIKEABILITY Policy M‐3.2 Development
Require new development and redevelopment to increase connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, shopping and employment destinations throughout the Ci
ty.
Community
Development –
Planning; Public Works –
Transportation and
Development Services
General Fund Con. Not an action item. Reviewed in conjunction with development review.
WALKABILITY AND
BIKEABILITY Policy M‐3.3 Pedestrian and
Bicycle Crossings
Enhance pedestrian and bicycle crossings and pathways at key locations across physical barriers such as creeks, highways and road barriers.
Pu blic Works –
Transportation General Fund Con. Not an action item. Implemented through the Bike/Ped Master Plans.
WALKABILITY AND
BIKEABILITY Policy M‐3.4 Street Widths Preserve and enhance citywide pedestrian and bike connectivity by limiting street widening purely for automobiles as a means of improving traffic flow.
Public Works –
Transportation General Fund Con. Not an action item.
WALKABILITY AND
BIKEABILITY Policy M‐3.5 Curb Cuts Minimize the number and the width of driveway openings.
Community
Development –
Planning; Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with development review.
WALKABILITY AND
BIKEABILITY
Strategy M‐
3.5.1 Shared Driveway
Access
Encourage property owners to use shared driveway access and use shared driveway access and interconnected roads wi
thin blocks, where feasible. Require driveway access closures, consolidations or both when a site is remodeled or redeveloped.
Community
Development –
Planning; Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with development review.
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WALKABILITY AND
BIKEABILITY
Strategy M‐
3.5.2 Direct Access from
Secondary Streets
Encourage property with frontages on major and secondary streets to provide direct access to driveways from the secondary street.
Community
Development –
Planning; Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with development review.
WALKABILITY AND
BIKEABILITY Policy M‐3.6 Safe Spaces for
Pedestrians
Require parking lots to inclu de clearly defined paths for pedestrians to provide a safe path to building entrances.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with development review.
WALKABILITY AND
BIKEABILITY Policy M‐3.7 Capital Improvement
Program
Plan for improvements to pedestrian and bicycle facilities and eliminate gaps along the pedestrian and bicycle network as part of the Ci
ty’s Capital Improvement Program.
Public Works –
Transportation and
Capital Improvements
Capital
Improvement
Fund
Con. Not an action item. Implemented through
the Capital Improvement Program.
WALKABILITY AND
BIKEABILITY Policy M‐3.8 Bicycle Parking Require new development and redevelopment to provide public and private bicycle parking.
Community
Development –
Planning; Public Works –
Development Services
None Required Con. Not an action item. Implemented through the Municipal Code.
WALKABILITY AND
BIKEABILITY Policy M‐3.9 Outreach Actively engage the community in promoting walking and bicycling through education, encouragement and outreach on improvement projects and programs.
Public Works –
Transportation General Fund Con.
Not an action item. Implemented through
the Cityʹs Safe Routes to School program,
Sustainability and other mobility programs.
WALKABILITY AND
BIKEABILITY Policy M‐3.10 Quarry Operations Prioritize enforcement of truck speeds from Stevens Creek and the Lehigh Cement Plan on Stevens Canyon Road, and Stevens Creek and Foothill Boulevards.
Santa Clara County
Sheriff’s Department General Fund Con.
Not an action item. Ongoing
implementation and coordination with
Sheriff Department.
TRANSIT Policy M‐4.1 Transit Agencies Coordinate with VTA to improve transportation service, infrastructure and access in the City, and to connect to transportation facilities such as Caltrain and VTA light rail stations.
Public Works –
Transportation None Required Con. Not an action item. Ongoing coordination.
TRANSIT Policy M‐4.2 Local Transportation
Services
Create or partner wi th transit providers, employers, education institutions, and major commercial entities to minimize gaps within local transportation services.
Public Works –
Transportation General Fund IM
VIA shuttle service was successful between
Oct 2019 and March 2020. Service suspended
due to COVID‐19 pandemic. Service
resumed in late 2021. Pilot ends in Oct.
2022.
TRANSIT Policy M‐4.3 Connecting Special
Areas
Identify and implement new or enhanced transit services to connect all Special Areas as identified in Figure PA‐1 (Chapter 2: Planning Areas)
Pu blic Works –
Transportation General Fund IM
VIA shuttle service was successful between
Oct 2019 and March 2020. Service suspended
due to COVID‐19 pandemic. Service
resumed in late 2021. Pilot ends in Oct.
2022. Staff pursuing grand opportunities to
expand service in partnership with
neighboring cities.
TRANSIT Policy M‐4.4 Transit Facilities with
New Development
Work with VTA and/or major developments to ensure all new development projects include amenities to support public transit including bus stop shelters, space for transit vehicles as appropriate and attractive amenities such as trash receptacles, signage, seating and lighting.
Community
Development –
Planning; Pu blic Works –
Transportation and
Development Services
None Required Con. Not an action item. Reviewed in conjunction with development review.
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TRANSIT Policy M‐4.5 Access to Transit
Services
Support right–of–way design and amenities consistent with local transit goals to improve transit as a viable‐way design and amenities consistent with local transit goals to improve transit as a viable alternative to driving.
Community
Development –
Planning; Public Works –
Development Services,
Transportation and
Capi
tal Improvement
Program
Capital
Improvement
Fund
Con. Not an action item. Reviewed in conjunction
with development review.
TRANSIT Policy M‐4.6 Bus and Shuttle
Programs
Work with large regional employers and private commuter bus/shuttle programs to provide safe pick–up, drop‐off, and park and rides in order to reduce single occupancy vehicle trips.
Public Works –
Transportation General Fund Con. Not an action item. Ongoing coordination.
TRANSIT Policy M‐4.7
Vallco Shopping
District Transfer
Station
Work with VTA and/or other transportation service organizations to study and develop a transit transfer station that incorporates a hub for alternative transportation services such as, car sharing, bike sharing and/or other services.
Public Works –
Transportation None Required Con.
Coordination with VTA has been active and
ongoing, including active participation with
SR 85 PAB and the Transit Guideway Study.
SAFE ROUTES TO
SCHOOL Policy M‐5.1 Safe Routes to Schools Promote Safe Routes to Schools programs for all schools serving the City. Public Works – Transportation General Fund Con.
Not an action item. Ongoing
implementation through the Ci
tyʹs Safe
Routes to School program.
SAFE ROUTES TO
SCHOOL Policy M‐5.2 Coordination with
School Districts
Coordinate with the School Districts to develop plans and programs that encourage car/van–pooling, stagger hours of adjacent schools, establish drop‐off locations, and encourage walking and bicycling to school.
Public Works –
Transportation None Required Con.
Not an action item. Ongoing
implementation through the Ci ty ʹs Safe
Routes to School program.
SAFE ROUTES TO
SCHOOL
Strategy M‐
5.2.1 Teen Commission Encourage the Teen Commission to work with schools to encourage year–round programs to incentivize walking and biking to school.
Public Works –
Transportation General Fund Con. Not an action item.
SAFE ROUTES TO
SCHOOL Policy M‐5.3 Prioritizing Projects Ensure that bicycle and pedestrian safety improvements inclu de projects to enhance safe accessibility to schools.
Public Works –
Transportation General Fund Con.
Not an action item. Ongoing implemented
through the Bike/Ped Master Plans, Safe
Routes to School Program and Capital
Improvement Program.
SAFE ROUTES TO
SCHOOL Policy M‐5.4 Connections to Trails Connect schools to the citywide trail system.‐Connect schools to the citywide trail system. Pu blic Works – Transportation General Fund Con.
Not an action item. Ongoing implemented
through the Bike/Ped Master Plans, Safe
Routes to School Program and Capital
Improvement Program.
SAFE ROUTES TO
SCHOOL Policy M‐5.5 Education Support education programs that promote safe walking and bicycling to schools. Public Works – Transportation General Fund Con. Not an action item. Implemented through the Cityʹs Safe Routes to School program.
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VEHICLE PARKING Policy M‐6.1 Parking Codes
Maintain efficient and updated parking standards to ensure that development provides adequate parking, both on–street and off–street, depending on the characteristics of the development, while also reducing reliance on the automobile.
Community
Development – Planning General Fund Con. Not an action item. Implemented through the Municipal Code.
VEHICLE PARKING Policy M‐6.2 Off–street Parking Ensure new off–street parking is properly designed and efficiently used. Community Development – Planning None Required Con. Not an action item. Reviewed in conjunction with development review.
TRANSPORTATION
IMPACT ANALYSIS Policy M‐7.1
Multi–Modal
Transportation Impact
Analysis
Follow guidelines set by the VTA related to transportation impact analyses, while conforming to State goals for multi‐modal performance targets.
Pu blic Works –
Transportation None Required IM
FY 2019/2020 Work Program Item to
develop the Transportation Impact Analysis
policies for CEQA analysis. Proposed policy
reviewed by Planning Commission in Dec.
2020 and adopted by City Council in early
2021.Transportation Analysis Guidelines
have been developed for both CEQA and
non‐CEQA evaluation of transportation
impacts of land development, in
conformance with SB 743.
TRANSPORTATION
IMPACT ANALYSIS Policy M‐7.2 Protected
Intersections
Consider adopting a Protected Intersection Policy, which would identify intersections where improvements would not be considered, which would degrade the levels of service for non–vehicular modes of transportation. Potential locations inclu
de intersections in Priority Development Areas (PDAs)
and other areas where non–vehicular transportation is a key consideration, such as, near shopping districts, schools, parks and senior citizen developments.
Public Works –
Transportation General Fund IM
FY 2019/2020 Work Program Item to
develop the Transportation Impact Analysis
policies for CEQA analysis. Proposed policy
reviewed by Planning Commission in Dec.
2020 and adopted by City Council in early
2021.Transportation Analysis Guidelines
have been developed for both CEQA and
non‐CEQA evaluation of transportation
impacts of land development, in
conformance with SB 743.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M‐8.1 Greenhouse Gas
Emissions Promote transportation policies that help to reduce greenhouse gas emissions. City Manager – Sustainability Programs None Required Con.
Not an action item. Implemented through
various mobility and su
stainability program ‐
Bike to Work Day etc.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M‐8.2 Land Use
Support development and transportation improvements that help reduce greenhouse gas emissions by reducing per capita VMT, reducing impacts on the City’s transportation network and maintaining the desired levels of service for all modes of transportation.
Community
Development –
Planning; Pu
blic Works –
Transportation
None Required Con.
Work proceeding on SB 743 implementation,
expected to be completed in early
2021.Transportation Analysis Guidelines
have been developed for both CEQA and
non‐CEQA evaluation of transportation
impacts of land development, in
conformance with SB 743.
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GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M‐8.3
Transportation
Systems Management
(TSM) Programs
Employ TSM strategies to improve efficiency of the transportation infrastructure including strategic right–of–way improvements, intelligent transportation systems and optimization of signal timing to coordinate traffic flow.
Public Works –
Transportation General Fund Con. Not an action item. Ongoing implementation.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M‐8.4
Transportation
Demand Management
(TDM) Programs
Require large employers, inclu
ding colleges and schools, to develop and maintain TDM programs to reduce vehicle trips generated by their employees and students and develop a tracking method to monitor results.
Community
Development –
Planning; Public Works –
Transportation
None Required Con. Not an action item. Reviewed in conjunction wi
th development review.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M‐8.5 Design of New
Developments
Encourage new commercial development to provide shared office facilities, cafeterias, daycare facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling or w alking as commute modes to work. Provide pedestrian pathways and orient buildings to the street to encourage pedestrian activity.
Community
Development –
Planning; Public Works –
Transportation
None Required Con. Not an action item. Reviewed in conjunction with development review.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M‐8.6 Alternative Fuel
Chargi
ng Stations
Develop a city–wide strategy to encourage the construction of a network of public and private alternative fuel vehicle charging/fueling stations.
City Manager –
Sustainability Programs General Fund LR
The City is partnered with Silicon Valley
Clean Energy (SVCE) and launched a series
of programs to accelerate the transition to
electric vehicles (EVs). $8 million in funding
from SVCE and $6 million from the
C
alifornia Electric Vehicle Infrastructure
Project (CALeVIP) partnership has been
dedicated to planning, technical assistance,
and installation of new EV charging stations
across SVCE’s thirteen member
communities. The City approved its first
hydrogen fueling dispensers at 21530 SCB
(Xing of Bubb & SCB) in 2020. The City has
an approved a CIP project to expand the
publicly‐owned EV charging network.
Additional grant funds are being sought
out with the Air District, and a public
outreach process is being planned for
calendar year 2022.
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ROADWAY SYSTEM
EFFICIENCY Policy M‐9.1 Efficient Automobile
Infrastructure
Strive to maximize the efficiency of existing infrastructure by locating appropriate land uses along roadways and retrofitting streets to be accessible for all modes of transportation.
Community
Development –
Planning; Public Works –
Transportation
General Fund Con. Not an action item.
ROADWAY SYSTEM
EFFICIENCY Policy M‐9.2 Reduced Travel
Demand Promote effective TDM programs for existing and new development.
Pu
blic Works –
Transportation;
Community
Development – Planning
General Fund Con. Not an action item. Reviewed in conjunction with development review.
ROADWAY SYSTEM
EFFICIENCY Policy M‐9.3 Street Width
Except as required by environmental review for new developments, limit widening of streets as a means of improving traffic efficiency and focus instead on operational improvements to preserve community character.
Pu blic Works –
Transportation General Fund Con.
Not an action item. Reviewed in conjunction
with development review. Ongoing
implementation through traffic signal
modernization and synchronization efforts.
ROADWAY SYSTEM
EFFICIENCY
Strategy M‐
9.3.1 Wolfe Road
Overcrossing
Consider alternate designs for the Wolfe Road/Interstate 280 Interchange (e.g. from partial cloverleaf design to diamond design) when evalu
ating the need to widen the freeway overcrossing.
Public Works –
Transportation General Fund IM
Project to design widening this freeway
overcrossing is underway. Ongoing
coordination with VTA and CalTrans.
Alternatives evaluated and partial
cloverleaf was preferred alternative.
Construction of replacement interchange
anticiapted Spring 2023.
ROADWAY SYSTEM
EFFICIENCY
Strategy M‐
9.3.2 Streetscape Design
When reviewing the widening of an existing street, consider aesthetically pleasing enhancements and amenities to improve the safe movement of pedestrians and bicyclists in keeping with the vision of the Planning Area.
Public Works –
Transportation None Required Con.
Not an action item. Implemented with the
Capti
al Improvement Program and
development review.
TRANSPORTATION
INFRASTRUCTURE Policy M‐10.1 Transportation
Improvement Plan
Develop and implement an updated citywide transportation improvement plan necessary to accommodate vehicular, pedestrian and bicycle transportation improvements to meet the City’s needs.
Public Works –
Transportation General Fund IM
Action completed through development of
Bike and Ped Master Plans and a
Transportation Impact Fee project list. City
Attorneyʹs Office to consider update to
Traffic Impact Fee program in partnership
with Transportation Division.
TRANSPORTATION
INFRASTRUCTURE Policy M‐10.2 Transportation Impact
Fee
Ensure sustainable funding levels for the Transportation Improvement Plan by enacting a transportation impact fee for new development.
Public Works –
Transportation General Fund IM
Action completed. TIF adopted in late 2017.
Update to TIF currently in progress.
Expected completion in Spring 2021. TIF
update paused in 2021. City Attorneyʹs
Office to consider further update to Traffic
Impact Fee program in partnership with
Transportation Division.
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TRANSPORTATION
INFRASTRUCTURE Policy M‐10.3 Multi–Modal
Improvements
Integrate the financing, design and construction of pedestrian and bicycle facilities with street projects.
Build pedestrian and bicycle improvements at the same time as improvements for vehicular circulation to enable travelers to transition from one mode of transportation to another (e.g. bicycle to bus).
Public Works –
Transportation and
Capi
tal Improvements
Capital
Improvement
Fund
Con.
Not an action item. Implemented with the
Captial Improvement Program and
development review.
TRANSPORTATION
INFRASTRUCTURE Policy M‐10.4 Roadway
Maintenance Funding Identify and secure new funding sources to fund the on‐going routine maintenance of roadways.
Public Works –
Transportation,
Development Services
and Capital
Improvement Program
NoneCapital
Improvement
Fund/Grants
Con. Grant funding routinely used to fund on‐
going maintenance to the extent possible.
PLANNING AND
REGIONAL
TRANPORTATION
Policy ES‐1.1 Principles of
Sustainability
Incorporate the principles of sustainability into Cupertino’s planning, infrastructure and development process in order to improve the environment, reduce greenhouse gas emissions, and meet the needs of the community wi
thout compromising the needs of future generations.
City Manager –
Sustainability Programs;
Commuity Development
– Planning;
General Fund Con.
Not an action item. This item is executed
with distinct projects as directed by
Council, for example adopting all‐electric
reach codes. In 2021, Council authorized
waiving fees for certain landscaping
projects that conserve water.
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES‐
1.1.1 Climate Action Plan
(CAP)
Adopt, implement and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements. This qualified greenhouse gas emissions reduction plan, by BAAQMD’s definition, will allow for future project CEQA streamlining and w ill identify measures to:
*Reduce energy use through conservation and efficiency; *Reduce fossil fuel use through multi–modal and alternative transportation; *Maximize use of and, where feasible, install renewable energy resources; *Increase citywide water conservation and recycled water use; *Accelerate Resource Recovery through expanded recycling, composting, extended producer responsibility and procurement practices;
*Promote and incentivize each of those efforts to maximize community participation and impacts; and *Integrate mu
ltiple benefits of green infrastructure with climate resiliency and adaptation.
City Manager –
Sustainability Programs General Fund IM
Action completed. CAP adopted in 2016.
Climate Action Plan is being updated in FY
20/21 to address a path toward carbon
neutrality as well as adding a climate
adaptation component. Council gave
direction to draft a CAP which brings the
City to carbon‐neutral by 2040 or eariler.
The CAP update will also create a plan to
realize a zero‐waste community by 2035,
and a new municipal climate action
strategy to achieve a zero‐carbon facilities
by 2035. The Council authorized CEQA
qualification of this CA
P update which
will be conducted in parallel with the
overall development and public
engagement process. The City will be
creating GHG thresholds of significance, as
well as checklists that can be used by
developers to streamline compliance with
the Cupertino GHG reduction plan
according to California Air Resources
Board guidelines
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Topic Policy/
Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES‐
1.1.2 CAP and
Sustainability
Strategies
Implementation
Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies in this Element. Institutionalize sustainability by developing a methodology to ensure all environmental, social and lifecycle costs are considered in project, program, policy and bu dget decisions.
City Manager –
Sustainability Programs General Fund IM
Action completed in 2018. Revising again in
CAP update in FY 20/21 fiscal year. The
CAP update process will create an
implementation plan that improves
visbility, metrics tracking, and public
reporting of sustainability intiatives. The
implmentation plan will be created after
the adoption of the CA P itself and will
include short‐term work plans for all staff.
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES‐
1.1.3 Climate Adaptation
and Resiliency
Conduct a climate vulnerability assessment and set preparedness goals and strategies to safeguard human health and community assets susceptible to the impacts of a changing climate (e.g. increased drought, w
ildfires, flooding). Incorporate these into all relevant plans, including the Emergency Preparedness Plan, Local Hazard Mitigation Plan, Dam Failure Plan, Climate Action Plan, Watershet Protection Plan and Energy Assuredness Plan.
City Manager –
Sustainability Programs General Fund IM
Action Completed in 2015. Revisiting in
CAP update in 2021 supporting County‐
wide climate hazards assessment..
PLANNING AND
REGIONAL
TRANPORTATION
Policy ES‐1.2
Regional Growth and
Transportation
Coordination
Periodically review and report on the effectiveness of the measures ou tlined in the CAP and the strategies
in this Element. Institutionalize sustainability by developing a methodology to ensure all environmental, social and lifecycle costs are considered in project, program, policy and bu dget decisions.
City Manager –
Sustainability Programs General Fund Con.
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES‐
1.2.1 Local Plan
Consistency with
Regional Plans
Update and maintain local plans and strategies so they are consistent with One Bay Area Plan to qualify for State transportation and project CEQA streamlining.
Community
Development –
Planning; Pu
blic Works –
Transportation
General Fund Con. Not an action item. Reviewed when local plans are updated.
ENERGY
SUSTAINABILITY Policy ES‐2.1
Conservation and
Efficient Use of
Energy Resources
Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources for new and existing residences, businesses, industrial and pu blic uses.
City Manager –
Sustainability Programs None Required IM
Adopted a reach code in 2019 which brings
Cupertino above and beyond the state
energy code for requiring all‐electric
construction in most cases.
ENERGY
SUSTAINABILITY
Strategy ES‐
2.1.1 Coordination Continue to evaluate, and revise as necessary, applicable City plans, codes and procedures for inclu sion of Federal, State and regional requirements and conservation targets.
City Manager –
Sustainability Programs General Fund Con.
Not an action item. Reviewed when local
plans are updated. The next major
opportunity to evaluate City procedures is
to update the Environmental Purchasing
Policy. The next major opportunity to
evaluate codes is the next Statewide code
cycle beginning in calendar year 2022.
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Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
ENERGY
SUSTAINABILITY
Strategy ES‐
2.1.2 Comprehensive
Energy Management
Prepare and implement a comprehensive energy management plan for all applicable municipal facilities and equipment to achieve the energy goals established in the City’s Climate Action Plan. Track the City’s energy use and report findings as part of the CAP reporting schedule. Embed this plan into the Ci ty’s Environmentally Preferable Procurement Policy to ensure measures are achieved through all future procurement and construction practices.
City Manager –
Sustainability Programs General Fund IM
The City developed and released a public‐
facing and internal‐facing set of dashboards
that re updated in real time to display
energy and water consumption at key
facilities. A series of automated reports
alerts staff to consumption trends and high
usage alarms. A Sustainable Infrastructure
project was approved in the Cityʹs CIP
investments. A comprehensive set of
energy efficiency and decarbonization
measures will be studied and proposed as
part of this CIP initiative.
Due to staff capacity limitations, an update
to the EPPP was not initiated in FY2020/21.
However, the Sustainability Division will
be working with Administrative Services
and Environmental Programs groups in
order to address sustainable procurement
practices in the next fiscal year.
ENERGY
SUSTAINABILITY
Startegy ES‐
2.1.3 Energy Efficient
Replacements
Conti
nue to use life cycle cost analysis to identify Ci ty assets for replacement with more energy efficient technology. Utilize available tools to benchmark and showcase city energy efficiency achievements (i.e.
EPA Portfolio Manager, statewide Green Business Program).
City Manager –
Sustainability Programs General Fund Con. This is not an action item and occurs on a continual basis.
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Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
ENERGY
SUSTAINABILITY
Strategy ES‐
2.1.4 Incentive Program
Consider incentive programs for projects that exceed mandatory requirements and promote incentives from state, county and federal governments for improving energy efficiency and expanding renewable energy installations.
City Manager –
Sustainability Programs General Fund IM
This is an ongoing action. The City actively
participates in development and promotion
of regional incentive programs in
partnership wi
th BayREN, Silicon Valley
Clean Energy, and the ABAG POWER
natural gas purchasing collective. There are
two major updates to incentive programs.
(1) The City purchases natural gas for
municipal use as part of a public agency
collective known as ABAG POWER. A
strategic plan and four‐year roadmap was
created by the ABAG POWER to reduce the
carbon emissions from this resource over
time, and also to create local incentive
programming that can assist jurisdictions
to electrify their facilities and fleets. This
reduction of emissions from power supply
is complementary with plans to reduce
consumption of gas as soon as possible. (2)
The State of California has created a new
incentive program for replacing gas
equipment with electric equipment known
as the TECH program. These incentives are
avaialble to homeowners as of December
2021, and are in addition to incentives from
BayREN and PG&E.
ENERGY
SUSTAINABILITY
Strategy ES‐
2.1.5 Urban Forest Encourage the inclusion of additional shade trees, vegetated stormwater treatment and landscaping to reduce the “heat island effect” in development projects.
City Manager –
Sustainability Programs None Required Con.
Not an action item. Reviewed in conjunction
with project review. Heat Island effect is
addressed in the Ci ty ʹs reach code and green
building ordinance which goes beyond the
state requirements. One of the proposed
measures in the draft Climate Action Plan
update is the creation of an Urban Tree
Canopy Plan. This plan can inform other
strategies to sequester carbon in the urban
forest and soils.
ENERGY
SUSTAINABILITY
Strategy ES ‐
2.1.6 Alternate Energy
Sources
Promote and increase the use of alternate and renewable energy resources for the entire community through effective policies, programs and incentives.
Ci
ty Manager –
Sustainability Programs General Fund Con. Not an action item.
ENERGY
SUSTAINABILITY
Strategy ES ‐
2.1.7 Energy Co–generation
Systems
Encourage the use of energy co–generation systems through the provision of an awareness program targeting the larger commercial and industrial use
rs‐generation systems through the provision of an
awareness program targeting the larger commercial and industrial users and public facilities.
City Manager –
Sustainability Programs None Required Con. Not an action item.
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Funding
Source(s) Timeframe Comment
ENERGY
SUSTAINABILITY
Stratagy ES‐
2.1.8 Energy Audits and
Financing
Continue to offer and leverage regional partners’ programs to conduct energy audits and/or subvention programs for homes, commercial, industrial and city facilities, and recommend improvements that lead to energy and cost savings opportunities for participants and encourage adoption of alternative energy technologies. Encourage energy audits to inclu de emerging online and application–based energy analytics and diagnostic tools. Share residential and commercial energy efficiency and renewable energy financing tools through outreach events and civic media assets.
City Manager –
Sustainability Programs General Fund Con. Not an action item.
ENERGY
SUSTAINABILITY
Strategy ES‐
2.1.9 Energy Efficient
Transportation Modes
Continue to encourage fuel–efficient transportation modes such as alternative fuel vehicles, driverless vehicles, pu
blic transit, car and van–pooling community and regional shuttle systems, car and bike sharing programs, safe routes to schools, communter benefits, and pedestrian and bicycle paths through infrastructure investment, development incentives, and community education.
City Manager –
Sustainability Programs;
Public Works –
Transportation
General Fund IM
Cityʹs VIA Shuttle program began operation
in 2019. The cityʹs own alternative commute
program also began operation in August
2019 and has paused due to COVID risk.
The VIA Shuttle program was reinitiated
in late 2021. The Pilot program ends in Oct.
2022. Staff is pursuing grant funding
opportunities in partnership with adjacent
jurisdictions.
ENERGY
SUSTAINABILITY
Strategy ES‐
2.1.10 Community Choi
ce
Energy
Collaborate with regional partners to evaluate feasibility for development of a Community Choice Energy Program.
City Manager –
Sustainability Programs General Fund N/A Action Completed.
SUSTAINABLE
BUILDINGS Policy ES‐3.1 Green Building
Design Set standards for the design and construction of energy and resource conserving/efficient bu ilding. City Manager – Sustainability Programs General Fund N/A Action Completed. Implemented through the Municipal Code.
SUSTAINABLE
BUILDINGS
Strategy ES‐
3.1.1 Green Building
Program
Periodically review and revise the City’s Green Building ordinance to ensure alignment with CALGreen requirements for all major private and public projects that ensure reduction in energy and water use for new development through site selection and bu
ilding design.
Community
Development – Building
and Planning
General Fund Con. Ongoing operational practice by City staff.
SUSTAINABLE
BUILDINGS
Strategy ES‐
3.1.2 Staff Training
Continue to train appropriate City staff in the design principles, costs and benefits of sustainable building and landscape design. Encourage Ci ty staff to attend external trainings on these topics and attain relevant program certifications (e.g. Green Point Rater, LEED Accredited Professional).
City Manager –
Sustainability Programs General Fund Con. Ongoing operational practice by City staff.
SUSTAINABLE
BUILDINGS
Strategy ES‐
3.1.3 Green Building
Informational
Seminars
Conduct and participate in Green Building informational seminars and workshops for members of the design and construction industry, land development, real estate sales, lending institu tions, landscaping
and design, the building maintenance industry and prospective project applicants.
City Manager –
Sustainability Programs General Fund Con. Annual activity in partnership with BayREN
SUSTAINABLE
BUILDINGS
Strategy ES‐
3.1.4 Green Building
Demonstration
Pursue municipal facility retrofits through a Green Capi tal Improvement Program (CIP), and new construction projects that exceed CALGreen and achieve third–party certification criteria (e.g. LEED, Living Building Challenge, Zero Net Energy) as a means of creating demonstration spaces for developer and community enrichment.
City Manager –
Sustainability Programs
Capital
Improvement
Fund
Con. Not an action item. Reviewed in conjunction
wi
th project review.
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Strategy No. Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s)
Funding
Source(s) Timeframe Comment
AIR QUALITY Policy ES‐4.1 New Development Minimize the air quality impacts of new development projects and air quality impacts that affect new development.
Community
Development –
Planning; Public Works –
Capital Improvement
Program
None Required Con. Implement with Strategies ES‐4.1.1 and ES‐
4.1.2 AIR QUALITY Strategy ES‐
4.1.1 Toxic Air
Contaminants
Continue to review projects for potential generation of toxic air contaminants at the time of approval and confer with BAAQMD on controls needed are uncertain.
Community
Development –
Planning; Public Works –
Capital Improvement
Program
None Required Con.
Not an action item. Reviewed in conjunction
with project review. In October 2021, the
Council adopted a new Chapter in the
Municipal Code to implement regulations
requiring all projects to comply with
recommendations and requirements from
BAAQMD for air quality contaminants.
AIR QUALITY Strategy ES‐
4.1.2 Dust Control Continue to require water application to non–polluting dust control measures during demolition and the duration of the construction period.
Community
Development – Bu
ilding;
Public Works –
Development Services
and Capital
Improvement Program
None Required Con.
Not an action item. Reviewed in conjunction
with project review. In October 2021, the
Council adopted a new Chapter in the
Municipal Code to implement regulations
requiring all projects to comply with
recommendations and requirements from
BAAQMD for air quality contaminants
during construction.
AIR QUALITY Strategy ES‐
4.1.3 Planning Ensure that land use and transportation plans support air quality goals.
Community
Development –
Planning; Public Works –
Transportation
None Required IM
FY 2019/2020 Work Program item to develop
Vehicle Miles Traveled (VMT) policies will
support this strategy. VMT policies will
provide the City with additional tools to
address carbon emissions from
transportation, and align with regional
Climate Action Planning efforts. The City
adoped a Vehicle Miles Traveled policy
and thresholds in 2021. These help provide
the City with tools to address carbon
emissions from transportation and align
the City with stateʹs goals.
AIR QUALITY Policy ES‐4.2 Existing Development Minimize the air quality impacts of existing development. Public Works – Environmental Programs None Required Con.
Sustainability division is promoting regional
programs to incentivize switching from gas
to electric appliances, which directly reduces
air quality impacts of natural gas
combustion in homes and businesses.
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Funding
Source(s) Timeframe Comment
AIR QUALITY Strategy ES‐
4.2.1 Public Education
Program
Establish a citywide public education program providing information on ways to reduce and control emissions; and continue to provide information about alternative commutes, carpooling and restricting exacerbating activities on “Spare the Air” high–emissions days.
City Manager –
Sustainability Programs General Fund Con.
Spare the Air alerts sent out and posted on
Ci
ty website. Cityʹs VIA Shuttle program
commenced on Oct. 29, 2019. Was on pause
due to COVID in 2020 and part of 2021.
Program has restarted in late 2021. Pilot
program to end in Oct. 2022.
AIR QUALITY Strategy ES‐
4.2.2 Home Occupations Review and consider expanding the allowable home–based businesses in residential zoned properties to reduce the need to commute to work.
Community
Development – Planning General Fund LR No action has been taken with regard to this strategy.
AIR QUALITY Strategy ES‐
4.2.3 Tree Planting in
Private Development
Review and enhance the Ci ty’s tree planting and landscaping program and requirements for private development to reduce air pollution levels.
Community
Development – Planning General Fund LR No action has been taken with regard to this strategy.
AIR QUALITY Strategy ES‐
4.2.4 Fuel–efficient
Vehicles and Use
Prioritize the purchase, replacement and on–going use of fuel–efficient and low pollu ting City fleet vehicles. Update applicable policies and programs to require life cycle cost analyses and include alternative fueling infrastructure review and related funding allocations. Update the Vehicle Use Policy and pursue fleet management best practices to support fuel conservation, scheduled maintenance and fleet fuel tracking. Pu rsue available grant funding to offset the cost of implementing these programs.
Public Works – Service
Center General Fund Con.
Public Works looks to replace internal
combustion engine (ICE) vehicles with
hybrids or electric vehicles, and implements
elements of the Climate Action Plan (CAP).
56% of eligible city vehicles have been
converted to electric or hybrid drives.
AIR QUALITY Strategy ES‐
4.2.5 Point Sources of
Emissions
Conti
nue to seek the cooperation of the BAAQMD to monitor emissions from identified point sources that impact the community. In addition, for sources not within the regulatory jurisdiction of the City, seek cooperation from the applicable regulatory authority to encou rage reduction of emissions and dust from the point source.
City Manager –
Sustainability None Required Con.
Ongoing monitoring for the Lehigh Plant
being conducted by BAAQMD.
Sustainability Division has partnered with
the Innovation Technology Department to
pilot a hyper‐local air quality monitoring
service. The team is developing a series of
educational resources for residents to
understand how air pollutants are
distributed throughout the community.
AIR QUALITY Policy ES‐4.3 Use of Open Fires and
Fireplaces Discourage high pollu
tion fireplace use. Public Works –
Environmental Programs None Required Con.
Implement with Strategies ES‐4.3.1 and ES‐
4.3.2. Sustainability commission has
recommended an all‐electric building reach
code for new construction, whi
ch would
directly reduce air quality impacts
associated with combustion of natural gas in
new buildings, including fireplaces.
AIR QUALITY Strategy ES‐
4.3.1 Education Continue to make BAAQMD literature on reducing pollution from fireplace use available. Public Works – Environmental Programs None Required Con. Not an action item.
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Funding
Source(s) Timeframe Comment
AIR QUALITY Strategy ES‐
4.3.2 Fireplaces Continue to prohibit new wood–burning fireplaces, except EPA certified wood stoves as allowed by the Building Code.
Community
Development – Building None Required Con.
Not an action item. Sustainability
commission has recommended an all‐electric
building reach code for new construction,
which would directly reduce air quality
impacts associated wi th combustion of
natural gas in new buildings, including
fireplaces.
URBAN AND RURAL
ECOSYSTEMS Policy ES‐5.1 Urban Ecosystem Manage the public and private development to ensure the protection and enhancement of its urban ecosystem.
Public Works – Capital
Improvement Program
and Park Improvement;
Community
Development – Planning
None Required Con. Not an action item. Implement with
underlying strategies.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES‐
5.1.1 Landscaping
Ensure that the Ci
ty’s tree planting, landscaping and open space policies enhance the urban ecosystem by encouraging medians, pedestrian–crossing curb–extensions planting that is native, drought–tolerant, treats stormwater and enhance urban plant, aquatic and animal resources in both, private and public development.
Public Works – Capital
Improvement Program,
Service Center, Park
Improvement,
Environmental
Programs, and
Development Services;
Community
Development –
Planning;
General Fund Con. Not an action item.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES‐
5.1.2 Built Environment
Ensure that sustainable landscaping design is incorporated in the development of City facilities, parks and private projects with the inclusion of measures such as tree protection, stormwater treatment and planting of native, drought tolerant landscaping that is beneficial to the environment.
Pu
blic Works – Capital
Improvement Program,
Service Center Park
Improvement, and
Development Services;
Community
Development –
Planning;
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in conjunction
with project review. The Cityʹs green
building ordinance as well as California
green building standards contains measures
for water‐efficient landscaping and other
sustainabile landscaping measures as
conditions of obtaining a bu
ilding permit
where applicable.
URBAN AND RURAL
ECOSYSTEMS Policy ES‐5.2 Development Near
Sensitive Areas
Encourage the clustering of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines. New developments in these areas must have a harmonious landscaping plan approved prior to development.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES‐
5.2.1 Riparian Corridor
Protection Require the protection of riparian corridors through the development approval process.
Community
Development –
Planning; Pu blic Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
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Funding
Source(s) Timeframe Comment
URBAN AND RURAL
ECOSYSTEMS Policy ES‐5.3
Landscaping In and
Near Natural
Vegetation
Preserve and enhance existing natural vegetation, landscaping features and open space when new development is proposed within existing natural areas. When development is proposed near natural vegetation, encourage the landscaping to be consistent with the palate of vegetation found in the natural vegetation.
Community
Development –
Planning; Pu
blic Works –
Capital Improvement
Program and Park
Improvement
None Required/
Capital
Improvement
Program
Con.
Not an action item. Reviewed in conjunction
with project review. The City Council
adopted the Green Infrastructure Plan in
September 2019 which prioritizes design
features of public CIP projects that promote
stormwater retention, infiltration, and
capture of pollu
tion runoff.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES‐
5.3.1 Native Plants
Continue to emphasize the planting of native, drought tolerant, pest resistant, non–invasive, climate appropriate plants and ground covers, particularly for erosion control and to prevent disturbance of the natural terrain.
Public Works –
Environmental
Programs; Community
Development – Planning
None Required Con.
Not an action item. Implemented through
the Municipal Code. The Cityʹs
demonstration garden at City Hall is an
educational resource for citizens interested
in providing natural and drought‐resistent
landscaping for their own property.
Sustainability division staff also promotes
regional incentive programs to remove turf
and replace wi
th native landscaped
alternatives.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES‐
5.3.2 Hillsides Minimize lawn area in the hillsides.
Community
Development –
Planning; Public Works –
Development Services
None Required Con.
Not an action item. Implemented through
the Municipal Code. Also implemented by
regulations in the newly adopted Urgency
Ordinance related to implementation of SB
9 requirements.
URBAN AND RURAL
ECOSYSTEMS Policy ES‐5.4 Hillside Wildlife
Migration
Confine fencing on hillside property to the area around a building, rather than around an entire site, to allow for migration of wild animals.
Community
Development – Planning None Required Con. Not an action item. Implemented through the Municipal Code.
URBAN AND RURAL
ECOSYSTEMS Policy ES‐5.5 Recreation and
Natural Vegetation
Limit recreation in natural areas to activities compatible and appropriate wi th preserving natural vegetation, such as hiking, horseback riding, mountain biking and camping.
Public Works – Park
Improvement, Parks and
Recreation ‐ Business
Services and Outdoor
Recreation & Youth
Development
None Required Con.
Not an action item. Implemented through
the Capital Improvement Program and the
Municipal Code.
URBAN AND RURAL
ECOSYSTEMS Policy ES‐5.6 Recreation and
Wildlife
Provide open space linkages within and between properties for both recreation and wildlife activities, most specifically for the benefit of wildlife that is threatened, endangered or designated as species of special concern.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES‐
5.6.1 Creek and Water
Course Identification
Require identification of creeks, water courses and riparian areas on site plans and require that they be protected from adjacent development.
Community
Development –
Planning; Pu blic Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
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Funding
Source(s) Timeframe Comment
URBAN AND RURAL
ECOSYSTEMS
Strategy ES‐
5.6.2 Trail Easements Consider requiring easements for trail linkages if analysis determines that they are needed.
Community
Development –
Planning; Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
MINERAL RESOURCES Policy ES‐6.1 Mineral Resource
Areas
Cooperatively work with Santa Cl ara County to ensure that plans for restoration and mining operations at Lehigh Hanson and Stevens Creek quarries consider environmental impacts and mitigations.
City Manager; Public
Works None Required Con.
Not an action item. Comments and review
conducted as and when projects are
proposed.
MINERAL RESOURCES Strategy ES‐
6.1.1 Public Participation Encourage Santa Clara County to engage wi th the affected neighborhoods when considering changes to restoration plans and mineral extraction activity. City Manager None Required Con.
Not an action item. Comments and review
conducted as and when projects are
proposed.
MINERAL RESOURCES Strategy ES‐
6.1.2 Recreation in
Depleted Mining
Areas
Consider designating abandoned quarries for passive recreation to enhance plant and w ildlife habitat and rehabilitate the land.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.
WATER Policy ES‐7.1 Natural Water Bodies
and Drainage Systems
In public and private development use Low Impact Development (LID) principles to manage stormwater by mimicking natural hydrology, minimizing grading and protecting or restoring natural drainage systems.
Pu
blic Works –
Development Services,
Capital Improvement
Program and
Environmental Programs
General Fund Con. Not an action item. Implemented through the Municipal Code.
WATER Strategy ES‐
7.1.1 Public and Private
Development Plans
Continue to require topographical information; identification of creeks, streams and drainage areas; and grading plans with development proposals to ensu re protection and efficient use of water resources.
Community
Development –
Planning; Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
WATER Policy ES‐7.2 Reduction of
Impervious Surfaces
Minimize stormwater runoff and erosion impacts resulting from development and use Low Impact Development (LID) designs to treat stormwater or recharge groundwater.
Pu
blic Works –
Development Services
and Environmental
Programs
None Required Con.
Not an action item. Implemented through
the Municipal Code. Implemented
Hardscape Conversion Rebate Program in
July 2019 through the Clean Water and
Storm Protection Parcel Fee which passed by
ballot measure in July 2019.
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Funding
Source(s) Timeframe Comment
WATER Strategy ES‐
7.2.1 Lot Coverage Consider updating lot coverage requirements to include paved surfaces such as driveways and on–grade pervious patios to incentivize the construction of pervious surfaces.
Community
Development –
Planning; Public Works –
Development Services
and Environmental
Programs
General Fund LR
In 2019,the Environmental Programs
Division implemented the Hardscape
Conversion Rebate Program for conversion
of imperviou
s driveways to permeable
hardscape. Funding for the rebates is from
the Clean Water and Storm Protection Parcel
Fee adopted in July 2019. The 2019
California Green Building Standards, as well
as Cupertinoʹs local green building
ordinance contains measures limiting the
amount of impervious surface area for
projects seeking a bu
ilding permit where
applicable.
WATER Strategy ES‐
7.2.2 Pervious Walkways
and Driveways
Encourage the use of pervious materials for walkways and driveways. If used on public and quasi‐public property, mobility and access for the disabled should take precedence.
Community
Development –
Planning; Public Works –
Development Services
and Environmental
Programs
None Required
Con.
Not an action item. Reviewed in conjunction
with project review. The City Council
adopted the Green Infrastructure Plan in
September 2019 which prioritizes design
features of public CIP projects that promote
stormwater retention, infiltration, and
capture of pollution runoff.
WATER Strategy ES‐
7.2.3 Maximize Infiltration Minimize impervious surface areas, and maximize on–site filtration and the use of on–site retention facilities.
Pu
blic Works –
Development Services
and Environmental
Programs
None Required Con.
Not an action item. Implemented through
the Municipal Code. Implemented
Hardscape Conversion Rebate Program in
July 2019 through the Clean Water and
Storm Protection Parcel Fee which passed by
ballot measure in July 2019.
WATER Policy ES‐7.3 Pollution and Flow
Impacts
Ensure that surface and groundwater quality impacts are reduced through development review and voluntary efforts.
Public Works –
Development Services
and Environmental
Programs
None Required Con. Not an action item. Implemented through the Municipal Code.
WATER Strategy ES‐
7.3.1 Development Review Require LID designs such as vegetated stormwater treatment systems and green infrastructure to mitigate pollu
tant loads and flows.
Public Works –
Development Services,
Capital Improvement
Program and
Environmental Programs
None Required Con. Not an action item. Implemented through the Municipal Code.
WATER Strategy ES‐
7.3.2 Creek Clean Up Encourage volunteer organizations to help clean creek beds to reduce pollution and help return waterways to their natural state.
Pu blic Works –
Environmental Programs None Required Con.
Not an action item. Volunteer creek clean up
activities organized and conducted twice per
calendar year.
WATER Policy ES‐7.4 Watershed Based
Planning Review long–term plans and development projects to ensure good stewardship of watersheds. Public Works – Environmental Programs None Required Con. Implement through Strategies ES‐7.4.1, ES‐
7.4.2 and ES‐7.4.3
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Source(s) Timeframe Comment
WATER Strategy ES‐
7.4.1 Storm Drainage
Master Plan
Develop and maintain a Storm Drainage Master Plan which identifies facilities needed to prevent “10–year” event street flooding and “100–year” event structure flooding and integrate green infrastructure to meet water quality protection needs in a cost effective manner.
Public Works –
Development Services
and Environmental
Programs
General Fund IM
Storm Drainage Master Plan updated Jan
2019. The City Council adopted the Green
Infrastructure Plan in September 2019. As
Capital Improvement projects are
developed, inclusion of stormwater
retention features will be evaluated.
WATER Strategy ES‐
7.4.2 Watershed
Management Plans
Work with other agencies to develop broader Watershed Management Plans to model and control the Ci
ty’s hydrology.
Public Works –
Development Services
and Environmental
Programs
None Required Con. Not an action item. Onging coordination.
WATER Strategy ES‐
7.4.3 Development Review development plans to ensure that projects are examined in the context of impacts on the entire watershed, in order to comply with the City’s non‐point source Municipal Regional Permit.
Public Works –
Development Services
and Environmental
Programs
None Required Con. Not an action item. Implemented through the Municipal Code.
WATER Policy ES‐7.5 Groundwater
Recharge Sites
Support the SCVWD efforts to find and develop groundwater recharge sites within Cupertino and provide public recreation where possible.
Public Works –
Development Services None Required Con. Not an action item. Ongoing coordination.
WATER Policy ES‐7.6 Other Water Sources Encourage the research of other water sources, inclu ding water reclamation. City Manager ‐ Sustainability Programs None Required LR
City has been working with SCVWD
regarding the expansion of reclaimed water
systems through Cupertino.
WATER Policy ES‐7.7 Industrial Water
Recycling
Encourage industrial projects in cooperation with the Cupertino Sanitary District, to have long–term conservation measures, including recycling equ ipment for manufacturing and water supplies in the plant.
City Manager ‐
Sustainability Programs None Required Con. Not an action item.
WATER Policy ES‐7.8 Natural Water
Courses
Retain and restore creek beds, riparian corridors, watercourses and associated vegetation in their natural state to protect wildlife habitat and recreation potential and assist in groundwater percolation. Encourage land acqu
isition or dedication of such areas.
Public Works – Capital
Improvement Program
and Development
Services
Capital
Improvement
Fund
Con. Not an action item. Reviewed in conjunction
with project review.
WATER Strategy ES‐
7.8.1 Inter–Agency
Coordination
Work with the SCVWD and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures, such as hydromofication controls as established by the Municipal Regional Permit.
Pu blic Works –
Development Services None Required Con.
Not an action item. Ongoing coordination
and implementation through the Municipal
Code.
WATER Policy ES‐7.9
Inter–Agency
Coordination for
Water Conservation
Continue to coordinate citywide water conservation and regional water supply problem solving efforts wi
th the SCVWD, SJWC and CALWater.
Public Works –
Environmental
Programs; City Manager
– Sustainability
None Required Con. Not an action item. Ongoing coordination.
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Funding
Source(s) Timeframe Comment
WATER Stratey ES‐7.9.1 Water Conservation
Measures
Implement water conservation measures and encourage the implementation of voluntary water conservation measures from the City’s water retailers and SCVWD.
Public Works –
Environmental
Programs; City Manager
– Sustainability,
Community
Development –
Planning
General Fund Con.
Not an action item. Ongoing education/
coordination.On June 9, 2021, Valley
Water’s Board of Directors declared a water
shortage emergency condition in Santa
Clara County due to the extreme drought.
The Board of Directors also called for a
mandatory 15% reduction in water use
compared to 2019. From July ‐ September
2021, The City of Cupertino sucessfully
reduced water consumption at municipal
facilities by 16% compared with 2019,
conserving 8 million gallons of water.
WATER Policy ES‐7.10
Pu
blic Education
Regarding Resource
Conservation
Provide public information regarding resource conservation.
Public Works –
Environmental
Programs; City Manager
– Sustainability
General Fund Con. Not an action item. Ongoing education/ coordination.
WATER Policy ES‐7.10.1 Outreach
Continue to send educational information and notices to households and businesses wi th water prohibitions, water allocations and conservation tips. Continue to offer featured articles in the Cupertino Scene and Cupertino Courier. Consider providing Public Service Announcements on the City’s Channel and Cupertino Radio.
Public Works –
Environmental
Programs; City Manager
– Sustainability
General Fund Con.
Not an action item. Ongoing edu cation/
coordination. The City produced a new
banner that was hung over Stevens Creek
boulevard making residents aware of the
Cityʹs drought resources and messaging.
WATER Policy ES‐7.10.2 Demonstration
Gardens
Consider including water–wise demonstration gardens in some parks where feasible as they are re–landscaped or improved using drought tolerant native and non–invasive, and non–native plants.
Public Works – Capital
Improvement Program,
Environmental
Programs, and Service
Center
Capital
Improvement
Fund
Con.
Not an action item. Ongoing education/
coordination. Implemented at City Hall. The
Cityʹs demonstration garden at City Hall is
an educational resource for citizens
interested in providing natural and drought‐
resistent landscaping for their own property.
The garden also saves the City significant
water and maintenance expense.
Sustainability division staff also promotes
regional incentive programs to remove turf
and replace wi
th native landscaped
alternatives. A ribbon cutting was hosted at
City Hall for this demonstration garden in
August 2019, and the City Staff created an
online portal to increase the educational
value of this resourse.
cupertino.org/demogarden
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Source(s) Timeframe Comment
WATER Policy ES‐7.11
Water Conservation
and Demand
Reduction Measures
Promote efficient use of water throughout the City in order to meet State and regional water use reduction targets.
Public Works –
Environmental Programs
and Service Center; City
Manager – Sustainability
General Fund Con.
Ongoing implementation of State and
Regional intitatives regarding water
conservation, as wel l as education/
coordination. Developed pilot programs
such as the City Hall demonstration garden
and the Climate Victory Gardens direct‐
install program.
WATER Strategy ES‐
7.11.1 Urban Water
Management Plan
Collaborate with water retailers serving the City in the preparation of their Urban Water Management Plan, including water conservation strategies and programs.
Public Works –
Environmental
Programs, Service Center
None Required Con. Not an action item. Ongoing coordination.
WATER Srategy ES‐
7.11.2 Water Conservation
Standards
Comply with State water conservation standards by either adopting the State standards or alternate standards that are equ
ally efficient.
Public Works –
Environmental Programs
and Service Center;
Community
Development – Building
General Fund IM
Action completed. The City of Cupertino
adopted the 2019 update to the California
Green Building Standards code, which
contains mandatory measures for water
conservation bo
th inside buildings and in
exterior landscaped areas.
WATER Strategy ES‐
7.11.3 Recycled Water
System
Continue to work with water retailers to promote and expand the availability of recycled water in the City for public and private use.
Public Works –
Development Services None Required Con.
Not an action item. City has been working
with SCVWD regarding the expansion of
reclaimed water systems through Cupertino.
WATER Strategy ES‐
7.11.4 Recycled Water in
Proj
ects
Encourage and promote the use of recycled water in public and private buildings, open space and streetscape planting.
Public Works –
Development Services,
Capital Improvement
Program and Park
Improvement
None Required Con. Not an action item. Reviewed in conjunction with project review.
WATER Strategy ES‐
7.11.5 On–site Recycled
Water Encourage on‐site water recycling including rainwater harvesting and gray water use.
Public Works –
Development Services,
Environmental Services,
Capital Improvement
Program and Park
Improvement; City
Manager – Sustainability
Programs
None Required Con. Not an action item. Reviewed in conjunction wi
th project review.
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WATER Strategy ES‐
7.11.6 Water Conservation
Programs
Benchmark and continue to track the City’s public and private municipal water use to ensure ongoing accountability and as a means of informing prioritization of future agency water conservation projects.
City Manager –
Sustainability Programs General Fund Con.
Majority of large landscape accounts are in
WaterFluence software which sets a water
bu
dget and reports for grounds team. Golf
Course is a notable exception which is being
addressed by Sustainability staff. The City
responded to the drought by producing a
series of internal water use dashboards
which were distributed on a regular basis
to all facilities and grounds staff,
informing them of trends for all the water
use consumption billing history.
WATER Strategy ES‐
7.11.7 Green Business
Certification and
Water Conservati
on
Continue to support the City’s Green Business Certification goals of long–term water conservation within City facilities, vegetated stormwater infiltration systems, parks and medians, including installation of low–flow toilets and showers, parks, installation of automatic shut–off valves in lavatories and sinks and water efficient outdoor irrigation.
Pu
blic Works –
Environmental Services,
Service Center, Capital
Improvement Program,
City Manager –
Sustainability Programs,
Community
Development
General Fund Con.
Not an action item. Ongoing
implementation through the Capital
Improvement Program and Development
Review and through the Cityʹs Green
Business Program.
REGIONAL
COORDINATION Policy HS ‐ 1.1 Regional Hazard Risk
Reduction Planning
Coordinate wi
th Santa Clara County and local agencies to implement the Multi‐Juridictional Local Hazard Mitigation Plan (LHMP) for Santa Clara County.
City Manager –
Emergency Services None Required Con.
Not an action item. Cupertino coordinates
with Santa Clara County OEM, who
provides technical advice and support for
implementation of the LHMP through
monthly general meetings, as wel
l as
periodic LHMP specific trainings and
guidance.
REGIONAL
COORDINATION
Strategy HS ‐
1.1.1 Monitoring and
Budgeting
Monitor and evaluate the success of the LHMP, including local strategies provided in Cupertino Annex (Section 11). Working with Santa Clara County, ensure that strategies are prioritized and implemented through the CIP and provide adequate budget for on–going programs and department operations.
City Manager –
Emergency Services None Required Con.
Santa Cl
ara County OEM contracts with a
specialist to support both County and
jurisdictional prioritization and
implementation of strategies, and tracking of
the program. CIP and budget are
responsibility of each jurisdiction.
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Source(s) Timeframe Comment
REGIONAL
COORDINATION
Strategy HS ‐
1.1.2 Mitigation
Incorporation
Ensure that mitigation actions identified in the LHMP are being incorporated into upcoming City sponsored projects, where appropriate.
City Manager –
Emergency Services General Fund Con.
Not an action item. Santa Clara County
OEMʹs strategic vision embraces the ʺWhole
Communityʺ philosophy; providing each
jurisdiction with on‐ going opportunity to
engage in the LHMP process. Cupertino
takes full advantage of these processes and
is typically ʹat the tableʹ providing city‐lev
el
support, review, and feedback.
REGIONAL
COORDINATION
Strategy HS‐
1.1.3 Hazard Mitigation
Plan Amendments
and Updates
Support Santa Clara County in its role as the lead agency that prepares and update s the LHMP. City Manager – Emergency Services General Fund Con.
Not an Action Item. Ongoing coordination
occuring. The Sustainable Communities
Strategy (SCS) is in the process of being
updated by MTC/ABAG. This document is
considering support for sea walls and levees
to protect the low levels in the Valley which
would help protect infrastructure that
provides services to Cupertino such as water
treatment plant and land fills.
REGIONAL
COORDINATION Policy HS ‐ 1.2 Sea Level Rise
Protection Ensure all areas in Cupertino are adequately protected for the anticipated effects of sea level rise.
Pu
blic Works –
Development Services
and Capital
Improvement Program
General Fund Con. Not an Acti on Item. Ongoing coordination occuring.
REGIONAL
COORDINATION
Strategy HS‐
1.2.1 Monitor Rising Sea
Level
Regularly coordinate with regional, state, and federal agencies on rising sea levels in the San Francisco Bay and major tributaries to determine if additional adaptation strategies should be implemented to address flooding hazards. This includes monitoring FEMA flood map update s to identify areas in the City susceptible to sea level rise, addressing changes to state and regional sea and Bay level rise estimates, and coordinating with adjacent municipalities on flood control improvements as appropriate.
Public Works –
Development Services None Con. Not an Action Item. Ongoing coordination occuring.
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Source(s) Timeframe Comment
REGIONAL
COORDINATION
Strategy HS ‐
1.2.2 Flood Insurance Rate
Maps
Provide to the public, as available, up–to–date Flood Insurance Rate Maps (FIRM) that identify rising sea levels and changing flood conditions.
Public Works –
Development Services General Fund Con. Not an Action Item. Ongoing coordination occuring.
EMERGENCY
PREPAREDNESS Policy HS ‐ 2.1 Promote Emergency
Preparedness
Distribute multi–hazard emergency preparedness information for all threats identified in the emergency plan. Information w
ill be provided through Cardiopulmonary Resuscitation (CPR), First Aid and Community Emergency Response Team (CERT) training, lectures and seminars on emergency preparedness, publication of monthly safety articles in the Cupertino Scene, posting of information on the Emergency Preparedness website and coordination of video and printed information at the library.
Ci
ty Manger –
Emergency Services General Fund Con.
CPR, First Aid, and CERT classes provided
by the Santa Clara County Fire Department
(SCCFD). CERT training is communal for
the seven cities served by SCCFD. The
Cupertino Scene continues to feature articles
on emergency preparedness, pu blic safety,
and community awareness. The Scene’s
calendar section highlights upcoming
emergency preparedness classes and events.
Printed material is maintained in the lobby
of City Hall and Quinlan Center
EMERGENCY
PREPAREDNESS Policy HS ‐ 2.2
Emergency
Operations and
Training
Ensure ongoing training of identified City staff on their functions/ responsibilities in the EOC and in disaster preparedness, first aid and CPR.
Ci ty Manger –
Emergency Services General Fund Con.
Not an action item. Staff are trained every
two years in CPR, with first aid training for
Public Works. Staff is working on providing
first aid training to all staff. EOC staff
receive EOC training from the County and
the Ci
ty has started customized trainings
in‐house as well.
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.2.1 Emergency
Operations Center
(EOC)
Review options to provide functional and seismic upgrades to the EOC facility at City Hall or explore alternative locations for the EOC.
Public Works – Capital
Improvement Program General Fund LR
City Hall bu ilding is seismically deficient
and does not meet “essential services”
standards that are desired for an EOC.
Schedule to improve the building to this
standard is unknown. EOC functionality
build‐out is continuing, including upgrading
monitors, IT systems support
improvements, replacement of chairs with
safer alternatves, and evaluating
replacement tables. Recent remodeling at the
Service Center w
ill make it more functional
as the alternate site for the EOC.
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.2.2 Employee Training Conduct regular exercises and participate in regional exercises to ensure that employees are adequately trained.
City Manager –
Emergency Services General Fund Con.
Not an action item. The EOC partially
exercises in accompaniment wi
th the annual
County EOC exercise (itself often part of a
Bay Area regional exercise). With the
turnover of senior staff and EOC staff, initial
training is occuring to lead up to a City EOC
exercise.
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Source(s) Timeframe Comment
EMERGENCY
PREPAREDNESS Policy HS ‐ 2.3 Volunteer Groups Continue to encourage the ongoing use of volunteer groups to augment emergency services, and clearly define responsibilities during a local emergency.
City Manager –
Emergency Services None Required Con.
Not an action item. Continue to support the
Cupertino Citizen Corps (CCC) volunteer
program and provide trainings and
exercises. CCC helps bu ild the Cityʹs
response capabilities and designed to
integrate with other City resources as
appropriate. For example, CCC integrated
with City employees during Public Safety
Power Shutoff (PSPS) informational
canvassing efforts in Oct. ʹ19
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.3.1 Cupertino Citizen
Corps
Continue to support the Cupertino Amateur Radio Emergency Services (CARES), Community Emergency Response Team (CERT) and Medical Reserve Corp (MRC) programs to ensure the development of neighborhood based emergency preparedness throughout the City. Encourage ongoing cooperation with CERTs in other cities.
Ci
ty Manager –
Emergency Services General Fund Con.
Not an action item. The City supports
training and resource requests from
Cupertino Citizen Corps expanding
coordination and communications capability
during a disaster. CERT participates in
countywide projects and exercises and
regularly attends countywide CERT
Leadership Team (CCLT) meetings. CARES
regularly atends SCC RACES trainings,
leadership meetings, and regular
commnication exercises. MRC participates
in regular trainings and Ci
ty exercises.
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.3.2 Community Groups Continue pre–disaster agreements with appropriate community groups to provide specified post–disaster assistance, through the Emergency Service Coordinator and with the advice of the City Attorney.
City Manager –
Emergency Services General Fund Con.
Not an action item. The City continues to
partner with community groups as
appropriate such as the Red Cross and
CADRE.
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.3.3 American Red Cross Continue to implement the American Red Cross agreements under the direction of the Director of Emergency Services during a disaster.
City Manager –
Emergency Services General Fund Con.
Not an action item. The City continues to
implement agreements with the American
Red Cross.
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.3.4 Shelter Provisions Continue the agreement with designated shelter sites to provide space for emergency supply containers. City Manager – Emergency Services General Fund Con.
Not an action item. Existing shelter site
agreements remain in place. The storage
container and su
pplies are in place at
Quinlan Community Center
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.3.5 Amateur Radio
Operators
Continue to support training and cooperation between the City and Cupertino Amateur Radio Emergency Service (CARES) to prepare for emergency communications needs.
City Manager –
Emergency Services General Fund Con.
Not an action item. Training opportunities
focused around City events such as annual
5K runs, 4th of July event, and various
festivals. Response during Pu
blic Safety
Power Shutoff (PSPS) events in Oct. ʹ19
demonstrated coordination between City
employees and CCC (CARES, CERT, etc.).
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EMERGENCY
PREPAREDNESS Policy HS ‐ 2.4 Emergency Public
Information Maintain an Emergency Public Information program to be used during emergency situations. City Manager – Emergency Services General Fund Con.
Not an action item. City Communications
has a system in place. Developing an
emergency
communications annex to the Emergency
Operations Base Plan (EOP) is a priority for
OES in FY 20/21
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.4.1 Communication
Methods
Use the local TV channel, Cupertino Al
ert System (CAS), the Internet and other communication methods to transmit information to the citizenry.
City Manager –
Emergency Services General Fund Con.
This is not an action item. Preparedness
information is published on tranditional
media and social media platforms. During
periods of emergency and alert, these
notifications increase.
An emergency communications annex is in
development to inclu
de the various
communication methods.
EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.4.2 Public Information
Office
Activate the Public Information in coordination with the Sheriff and the Fire Department to provide accurate information to the public as needed.
Ci
ty Manager –
Emergency Services General Fund Con.
Not an action item. This is coordinated by
SCC Office of Emergency Management
(OEM) during periods of concern. OEM
hosts conference calls, which are used in
part to coordinate public information
between the participants, including the
Sheriffʹs Office, the Fire Department, and
Cupertiono OES.
EMERGENCY
PREPAREDNESS Policy HS ‐ 2.5 Disaster Medical
Response
Continue to coordinate with the appropriate County agencies and local emergency clinics to ensure preparedness and provide disaster medical response. Coordinate with the CERT member throughout the City to ensure that they are prepared to provide emergency support and first aid at the neighborhood level.
Ci
ty Manager –
Emergency Services General Fund
This is not an action item. The City
continues to coordinate with County
Emergency Medical Services and the County
Public Health Department for awareness of
their systems and capabilities to provide
disaster medical response. Existing plans on
getting response requests to County
dispatch in the case of a total
communcations (telephone, mobile phone,
etc.) outage. Ci
tizen Corps members are
provided refresher first aid training. This
training is practiced during City public
service events (the 5K runs, Fourth of July,
various festivals, etc.).
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EMERGENCY
PREPAREDNESS
Strategy HS ‐
2.5.1 Memorandum of
Understanding
(MOU)
Develop a MOU with local emergency clinics. The County’s role and involvement in emergencies should be considered in development of the MOU.
City Manager –
Emergency Services General Fund Con.
This is not an action item. Although there
are ʹfree‐ standingʹ physician offices in the
Ci
ty, there are no known public emergency
medical clinics in the City. Long‐term care
facilities, and any companion medical
components, are coordinated through, and
supported by, the County Emergency
Medical Services Agency and the County
Public Health Department
EMERGENCY
PREPAREDNESS Policy HS ‐ 2.6 Military Facilities and
Readiness
Consider the impact of development on neighboring military facilities and maintain military airspace to ensu
re military readiness.
Community
Development – Planning General Fund Con. There are no abutting military facilities or airspace over Cupertino.
FIRE SAFETY Policy HS ‐ 3.1 Regional
Coordination
Coordinate wildland fire prevention efforts with adjacent jurisdictions. Encourage the County and the Midpeninsula Open Space District to implement measures to reduce fire hazards, inclu ding putting into effect the fire reduction policies of the County Public Safety Element, continuing efforts in fuel management, and considering the use of “green” fire break uses for open space lands.
Santa Clara County Fire General Fund Con. The City participates in the Countyʹs W eed Abatement program to ensure fire safety
FIRE SAFETY Policy HS ‐ 3.2 Early Project Review Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire Department input and modification as needed.
Community
Development – Building
and Planning; Santa
Clara County Fire
General Fund Con. Not an action item. Ongoing coordination.
FIRE SAFETY Policy HS ‐ 3.3
Emergency Access Ensure adequate emergency access is provided for all new hillside development.
Santa Clara County Fire;
Community
Development – Building
None Required Con. Not an action item.Reviewed in conjunction with project review.
FIRE SAFETY Strategy HS ‐
3.3.1 Roadway Design Create an all–weather emergency road system to serve rural areas.
Pu
blic Works –
Development Services
and Capital
Improvement Program;
Santa Clara County Fire
General Fund Con. Not an action item. Reviewed in conjunction with project review.
FIRE SAFETY Strategy HS ‐
3.3.2 Dead–End Street
Access
Allow public use of private roadways during an emergency for hillside subdivisions that have dead–end public streets longer than 1,000 feet or find a secondary means of access.
Santa Clara County Fire;
Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
FIRE SAFETY Strategy HS ‐
3.3.3 Hillside Access
Routes
Require new hillside development to have frequent grade breaks in access routes to ensure a timely response from fire personnel.
Santa Clara County Fire;
Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
FIRE SAFETY Strategy HS ‐
3.3.4 Hillside Road
Upgrades Require new hillside development to upgrade existing access roads to meet Fire Code and City standards.
Santa Clara County Fire;
Public Works –
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
FIRE SAFETY Policy HS ‐ 3.4
Private Residential
Electronic Security
Gates
Discourage the use of private residential electronic security gates that act as a barrier to emergency personnel.
Community
Development – Planning None Required Con. Not an action item. Implemented through the Municipal Code.
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FIRE SAFETY Strategy HS ‐
3.4.1 Location Require a fence exception for electronic security gates in certain areas. Community Development – Planning None Required Con. Not an action item. Implemented through the Municipal Code.
FIRE SAFETY Strategy HS ‐
3.4.2 Access to Gates Where electronic security gates are allowed, require the installation of an approved key switch to be accessed by the Fire District.
Community
Development – Bu ilding;
Santa Clara County Fire
None Required Con. Not an action item. Implemented through the Municipal Code.
FIRE SAFETY Policy HS ‐ 3.5
Commercial and
Industrial Fire
Protection Guidelines
Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses.
Community
Development – Bu ilding General Fund Con. Not an action item. Implemented through the Municipal and Fire Code.
FIRE SAFETY Policy HS ‐ 3.6
Fire Prevention and
Emergency
Preparedness
Promote fire prevention and emergency preparedness through city–initiated public education programs, the government television channel, the government television channel, the Internet, and the Cupertino Scene.
City Manager –
Emergency Services General Fund Con.
Not an action item. There is coordinated
public education of life safety conducted by
the City, including Personal Emergency
Preparedness classes. Some information is
also provided on the City radio station (1670
AM). The Scene periodically features articles
regarding emergency preparedness and fire
safety.
FIRE SAFETY Policy HS ‐ 3.7 Multi–Story Buildings Ensure that adequate fire protection is built into the design of multi–story buildings and require on–site fire suppression materials and equipment.
Santa Clara County Fire;
Community
Development – Building
General Fund Con. Not an action item. Implemented throught the Municipal and Fire Codes.
FIRE SAFETY Policy HS ‐ 3.8 Extension of Water
Service
Encourage the water companies to extend water service into the hillside and canyon areas and encou rage cooperation between water utility companies and the Fire Department in order to keep water systems in pace with growth and firefighting service needs.
Santa Clara County Fire;
Community
Development – Building
General Fund Con. Not an action item. Reviewed in conjunction wi th project review.
PUBLIC SAFETY Policy HS ‐ 4.1 Neighborhood
Awareness Programs
Continue to support the Neighborhood Watch Program and other similar programs intended to help neighborhoods prevent crime through social interaction.
City Manager – Public
Affairs General Fund Con. Not an action item.
PUBLIC SAFETY Policy HS ‐ 4.2
Crime Prevention
Through Bu
ilding and
Site Design
Consider appropriate design techniques to reduce crime and vandalism when designing public spaces and reviewing development proposals.
Public Works – Capital
Improvement Program
and Park Improvement;
Community
Development – Planning
Capital
Improvement
Fund
Con. Not an action item. Reviewed in conjunction
with project review.
PUBLIC SAFETY Strategy HS ‐
4.2.1 Perimeter Roads for
Parks Encircle neighborhood parks wi th a public road to provide visual accessibility whenever possible.
Public Works – Capital
Improvement Program
and Park Improvement
Capital
Improvement
Fund
Con. Not an action item. Reviewed in conjunction
with project review.
PUBLIC SAFETY Strategy HS ‐
4.2.2 Development Review Continue to request County Sheriff review and comment on development applications for security and public safety measures.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.
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PUBLIC SAFETY Policy HS ‐ 4.3 Fiscal Impacts Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land use mixes.
Community
Development – Planning
and City Manager –
Economic Development
None Required Con. Not an action item. Reviewed in conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS Policy HS ‐ 5.1 Seismic and Geologic
Review Process
Evaluate new development proposals wi thin mapped potential hazard zones using a formal seismic/geologic review process. Use Table HS ‐ 3 of this Element to determine the level of review required.
Community
Development – Building
and Planning; Public
Works – Development
Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.1.1 Geotechnical and
Structural Anal
ysis
Require any site with a slope exceeding 10% to reference the Landslide Hazard Potential Zone maps of the State of California for all required geotechnical and structural analysis.
Community
Development – Building
and Planning; Public
Works – Development
Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.1.2 Residential Upgrades
Require that any residential facility, that is being increased more than 50% assessed value or physical size, conform to all provisions of the current building code throughout the entire structure. Owners of residential bu ildings with known structural defects, such as un–reinforced garage openings, “soft first story” construction, unbolted foundations, or inadequate sheer walls are encouraged to take steps to remedy the problem and bring their buildings up to the current building code.
Community
Development – Building
and Planning
None Required Con. Not an action item. Reviewed in conjunction wi
th project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.1.3 Geologic Review Continue to implement and update geologic review procedures for Geologic Reports required by the Municipal Code through the development review process.
Community
Development – Building
and Planning; Public
Works – Development
Services
None Required Con. Not an action item. Reviewed in conjunction wi
th project review.
GEOLOGIC AND
SEISMIC HAZARDS Policy HS ‐ 5.2 Public Education on
Seismic Safety
Reinforce the existing public education programs to help residents minimize hazards resulting from earthquakes.
City Manager –
Emergency Services General Fund Con. Not an action item. Ongoing coordination/ education.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.2.1 Covenant on Seismic
Risk
Require developers to record a covenant to tell future residents in high–risk areas about the risk and inform them that more information is in Ci ty Hall records. This is in addition to the State requirement that information on the geological report is recorded on the face of subdivision maps.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.2.2 Emergency
Preparedness
Publish and promote emergency preparedness activities and drills. Use the City social media, and the website to provide safety tips that may include identifying and correcting household hazards, knowing how and when to turn off u
tilities, helping family members protect themselves during and after an earthquake, recommending neighborhood preparation activities, and advising residents to maintain an emergency supply kit containing first–aid supplies, food, drinking water and battery operated radios and flashlights.
City Manager –
Emergency Services General Fund Con.
Not an action item. Presented in Personal
Emergency Preparedness classes offered by
the
Ci
tyʹs Office of Emergency Services.
Distribution
of printed materials in the lobby of City Hall
and
on the City website.
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GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.2.3 Neighborhood
Response Groups
Encourage participation in CERT training. Train neighborhood groups to care for themselves during disasters. Actively assist in neighborhood drills and safety exercises to increase participation and build community support.
City Manager –
Emergency Services General Fund Con.
Not an action item. The Santa Clara County
Fire
Department provides CERT training for
community members. When requested by
neighborhood groups, Cupertinoʹs Office of
Emergency Services w
ill present
preparedness
information and support, including
exercises. This
would include the Block Leader Program.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.2.4 Dependent
Populations
As part of community–wide efforts, actively cooperate with State agencies that oversee facilities for persons wi
th disabilities and those with access and functional needs, to ensure that such facilities conform to all health and safety requirements, including emergency planning, training, exercises and employee education.
City Manager –
Emergency Services General Fund Con.
Not an action item. As situations arise, the
City cooperates with State agencies
overseeing facilities for those wi
th
disabilities and access and functional needs.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS ‐
5.2.5 Foreign Language
Emergency
Information
Obtain translated emergency preparedness materials and make them available to appropriate foreign language populations.
City Manager –
Emergency Services General Fund Con.
Not an action item. Foreign language
emergency preparedness information is
available. During an emergency, the Ci
ty
has the ability to translate materials and can
also receive translation support from the
County.
HAZARDOUS
MATERIALS Policy HS ‐ 6.1 Hazardous Materials
Storage and Disposal
Require the proper storage and disposal of hazardous materials to prevent leakage, potential explosions, fire or the release of harmful fumes. Maintain information channels to the residential and business communities about the illegality and danger of dumping hazardous material and waste in the storm drain system or in creeks.
Pu
blic Works –
Environmental
Programs; Santa Clara
County Fire
General Fund Con.
Not an action item. Reviewed in conjunction
with project review. Ongoing coordination/
education.
HAZARDOUS
MATERIALS Policy HS ‐ 6.2
Proximity of
Residents to
Hazardous Materials
Assess future residents’ exposure to hazardous materials when new residential development or sensitive populations are proposed in existing industrial and manufacturing areas. Do not allow residential development or sensitive populations if such hazardous conditions cannot be mitigated to an acceptable level of risk.
Community
Development – Planning None Required
Con. Not an action item. Reviewed in conjunction
with project review.
HAZARDOUS
MATERIALS Policy HS ‐ 6.3 Electromagnetic
Fields (EMF) Ensure that projects meet Federal and State standards for EMF emissions through development review. Community Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.
HAZARDOUS
MATERIALS Policy HS ‐ 6.4 Educational Programs
Continue to encourage residents and businesses to use non– and less– hazardous products, especially less toxic pest control products, to slow the generation of new hazardous waste requ iring disposal through the
county–wide program.
Public Works –
Environmental Programs
and Service Center
General Fund Con. Not an action item. Ongoing
implementation.
HAZARDOUS
MATERIALS Policy HS ‐ 6.5 Hazardous Waste
Disposals
Continue to support and facilitate, for residences and businesses, a convenient opportunity to properly dispose of hazardous waste.
Pu blic Works –
Environmental Programs General Fund Con.
Not an action item. Ongoing
implementation. In January 2019, the Cityʹs
door to door Household Hazardous Waste
(HHW) Program dissolved and residents
were redirected to utilize the Countyʹs HHW
drop‐off program.
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HAZARDOUS
MATERIALS
Strategy HS ‐
6.5.1 Partner on Hazardous
Waste Collection and
Disposal
Continue to explore efficient, economical and convenient ways to offer Household Hazardous Waste collection for residents in partnership with the Solid Waste contractor or the County.
Public Works –
Environmental Programs General Fund Con. Not an action item. Ongoing implementation.
HAZARDOUS
MATERIALS
Strategy HS ‐
6.5.2 Educational Materials Pu blish educational materials about the program in the Cupertino Scene, City website, and brochures that are distributed throughout the community.
Public Works –
Environmental Programs General Fund Con. Not an action item. Ongoing coordination/ education.
FLOODING Policy HS ‐ 7.1 Evacuation Map Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the general pu
blic.
Public Works –
Development Services
and Service Center
General Fund Con.
Evacuation Map and Street signage has been
prepared and installed. Ongoing evaluation
is occuring.
FLOODING Policy HS ‐ 7.2 Emergency Response
to Dam Failure Ensure that Cupertino is prepared to respond to a potential dam failure.
City Manager –
Emergency Services;
Public Works
General Fund Con.
Implemented through Strategies HS‐7.2.1
and HS‐ 7.2.2. The Stevens Creek Dam
Failure Plan was adopted in 2012 and a
comprehensive network of flood evacu ation
signs were placed in late 2014 on streets that
would be impacted from a dam failure.
FLOODING Strategy HS ‐
7.2.1 Emergency and
Evacuation Plan
Maintain and update a Stevens Creek Dam Failure Plan, including alert, warning and notification systems and appropriate signage.
City Manager –
Emergency Services General Fund IM
Action completed. Adopted in 2012. Online
at:
https://www.cupertino.org/home/showdocu
ment? id=7424. Alert, warni
ng, notification
are major components of these plans.
FLOODING Strategy HS ‐
7.2.2 Inter–agency
Cooperation
Continue to coordinate dam–related evacuation plans and alert/notification systems with the City of Sunnyvale, the SCVWD and Santa Clara County to ensure that traffic management between the agencies facilities life safety. Al so work with other neighboring cities to enhance communication and coordination during a dam–related emergency.
City Manager –
Emergency Services General Fund Con.
Not an action item. The Santa Clara Valley
Water District is scheduled to revise its
Stevens Creek Dam Emergency Plan in 2020.
This will facilitate updating the Cityʹs Dam
Failu
re Plan, as well as the coordination
with SCVWD on dam damage survey
efforts.
FLOODING Policy HS ‐ 7.3
Existing
Non–Residential Uses
in the Flood Plain
Allow commercial and recreational uses that are now exclusively within the flood plan to remain in their present use or to be used for agriculture, provided it does not conflict wi th Federal, State and regional requirements.
Public Works –
Development Services;
Community
Development – Planning
None Required Con. Not an action item.
FLOODING Policy HS ‐ 7.4 Construction in Flood
Plains
Continue to implement land use, zoning and building code regulations limiting new construction in the already urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator.
Community
Development – Planning General Fund Con. Not an action item.
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FLOODING Strategy HS ‐
7.4.1 Dwellings in Flood
Plains
Discourage new residential development in regulated flood plains. Regulate all types of redevelopment in natural flood plains. This includes discouraging fill materials and obstructions that may increase flood potential or modify the natural riparian corridors.
Public Works –
Development Services None Required Con. Not an action item. Information provided to property owners/ applicants as needed.
FLOODING Strategy HS ‐
7.4.2 Description of Flood
Zone Regulation
Conti
nue to maintain and update a map of potential flood hazard areas and a description of flood zone regulations on the City’s website.
Public Works –
Development Services General Fund Con. Ongoing coordination/ education.
FLOODING Strategy HS ‐
7.4.3 National Flood
Insurance Program
Community Rating
System
Continue to participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS).
Public Works –
Development Services General Fund Con. Ongoing coordination.
FLOODING Policy HS ‐ 7.5 Hillside Grading
Restrict the extent and timing of hillside grading operations to April through October except as otherwise allowed by the City. Require performance bonds during the remaining time to guarantee the repair of any erosion damage. Require planting of graded slopes as soon as practical after grading is complete.
Pu blic Works –
Development Services None Required Con. Not an action item. Implemented through the Municipal Code.
FLOODING Policy HS ‐ 7.6
Stability of Existing
Water Storage
Facilities
Assure the structural integrity of water storage facilities. Pu blic Works – Capital Improvement Program General Fund Con. Not an action item.
FLOODING Strategy HS ‐
7.6.1 Coordination with
other Agencies
Work closely with the San Jose Water Company and owners of other water storage facilities to develop and implement a program to monitor the stability of all existing water storage facilities and related improvements, such as: distribution lines, connections and other system components.
Pu blic Works – Capital
Improvement Program General Fund Con. Not an action item. Ongoing coordination.
NOISE Policy HS ‐ 8.1 Land Use Decision
Evaluation
Use the Land Use Compatibility for Community Noise Environments chart, the Future Noise Contour Map (see Figure D‐1 in Appendix D) and the Ci ty Municipal Code to evaluate land use decisions.
Community
Development – Planning None Required Con. Not an action item.
NOISE Policy HS ‐ 8.2 Building and Site
Design Minimize noise impacts through appropriate building and site design.
Community
Development – Planning
and Building
None Required Con. Not an action item. Implemented through the Municipal Code.
NOISE Strategy HS ‐
8.2.1 Commercial Delivery
Areas
Locate delivery areas for new commercial and industrial developments away from existing or planned homes.
Community
Development – Planning
and Building
None Required Con. Not an action item. Reviewed in conjunction with project review.
NOISE Strategy HS ‐
8.2.2 Noise Control
Techniques
Require analysis and implementation of techniques to control the effects of noise from industrial equipment and processes for projects new low‐intensity residential uses.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction wi
th project review.
NOISE Strategy HS ‐
8.2.3 Sound Wall
Requirements
Exercise discretion in requiring sound walls to be sure that all other measures of noise control have been explored and that the sound wall blends with the neighborhood. Sound walls should be designed and landscaped to fit into the environment.
Community
Development – Planning None Required Con. Not an action item. Reviewed in conjunction with project review.
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NOISE Policy HS ‐ 8.3
Construction and
Maintenance
Activities
Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the day, during weekdays, weekends and holidays for construction activities. Require construction contractors to use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vib ratory rollers.
Community
Development – Planning
and Building
General Fund Con. Not an action item. Implemented through the Municipal Code.
NOISE Policy HS ‐ 8.4 Freeway Design and
Neighborhood Noise
Ensure that roads and development along Highway 85 and Interstate 280 are designed and improved in a way that minimizes neighborhood noise.
Public Works –
Transportation and
Development Services
Capi tal
Improvement
Fund; General
Fund
Con. Not an action item. Reviewed in conjunction
with project review.
NOISE Policy HS ‐ 8.5 Neighborhoods Review residents’ needs for convenience and safety and prioritize them over the convenient movement of commute or through traffic where practical.
Public Works –
Transportation
Capital
Improvement
Fund
Con. Not an action item. Reviewed wi th project
review/ Capital Improvement Program.
NOISE Policy HS ‐ 8.6
Traffic Calming
Solutions to Traffic
Noise
Evaluate solutions to discourage through traffic in neighborhoods through enhanced paving and modified street design.
Public Works –
Transportation
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in conjunction
with project review/ Capi tal Improvement
Program.
NOISE Strategy HS ‐
8.6.1 Local Improvement Modify street design to minimize noise impact to neighbors. Public Works – Transportation
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in conjunction
with project review/ Capital Improvement
Program.
NOISE Policy HS ‐ 8.7
Reduction of Noise
from Trucking
Operations
Work to carry out noise mitigation measures to diminish noise along Foothill and Stevens Creek Boulevards from the quarry and cement plant trucking operations. These measures include regulation of truck speed, the volume of truck activity, and trucking activity hours to avoid late evening and early morning. Alternatives to truck transport, specifically rail, are strongly encou raged when feasible.
Public Works –
Transportation General Fund Con. Not an action item. Ongoing coordination/ implementation.
NOISE Strategy HS ‐
8.7.1 Restrictions in the
County’s Use Permit
Coordinate with the County to restrict the noise of trucks, their speed and noise levels along Foothill and Stevens Creek Boulevards, to the extent allow
ed in the Use Permit. Ensure that restrictions are monitored and enforced by the County.
Public Works –
Transportation General Fund Con. Not an action item. Ongoing coordination/ implementation.
NOISE Strategy HS ‐
8.7.2 Road Improvements
to Reduce Truck
Impacts
Consider road improvements such as medians, landscaping, noise attenuating asphalt, and other methods to reduce quarry truck impacts.
Public Works –
Transportation General Fund con. Not an action item. Ongoing coordination/ implementation.
CITYWIDE
INFRASTRUCTURE Policy INF ‐ 1.1 Infrastructure
Planning
Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and requirements for development.
Pu
blic Works – Capital
Improvement Program General Fund Con.
Not an action item. Reviewed in conjunction
with project review/ Capital Improvement
Program.
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INFRASTRUCTURE
Strategy INF ‐
1.1.1 Capital Improvement
Program Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040. Public Works – Capital Improvement Program General Fund Con.
Not an action item. Planning Commission
reviewed the FY19/20 Capital Imp. Program
and found that there was one
exception ‐ parkland acquisition. However,
the Council found the Capi tal Imp. Program
to be in conformance with the General Plan.
CITYWIDE
INFRASTRUCTURE
Strategy INF ‐
1.1.2 Design Capacity
Ensure that public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over–sizing of infrastructure to avoid fiscal impacts or impacts to other goals.
Pu
blic Works – Capital
Improvement Program,
Development Services
and Transportation
General Fund,
Grants Con. Not an action item. Ongoing coordination/
implementation.
CITYWIDE
INFRASTRUCTURE
Strategy INF ‐
1.1.3 Coordination
Require coordination of construction activity between various providers, particularly in City facilities and rights–of–way, to ensure that the community is not unnecessarily inconvenienced. Require that providers maintain adequate space for all utilities when planning and constructing their infrastructure.
Pu
blic Works –
Development Services
General Fund,
Grants Con. Not an action item. Ongoing coordination.
CITYWIDE
INFRASTRUCTURE Policy INF ‐ 1.2 Maintenance Ensure that existing facilities are maintained to meet the commuity’s needs. Public Works – Service Center
General Fund,
Grants Con.
Not an action item. Implemented through
the Capital Improvement Program,
Engineering and maintenance activities.
CITYWIDE
INFRASTRUCTURE Policy INF ‐ 1.3 Coordination Coordinate with utility and service providers to ensure that their planning and operations meet the City’s service standards and future growth.
Public Works –
Development Services None Required con. Not an action item. Ongoing coordination
CITYWIDE
INFRASTRUCTURE Policy INF ‐ 1.4 Funding Explore various strategies and opportunities to fund existing and future infrastructure needs.
Pu
blic Works –
Transportation and
Capital Improvement
Program
General Fund Con. Not an action item. Implemented through the Capital Improvement Program.
CITYWIDE
INFRASTRUCTURE
Strategy INF ‐
1.4.1 Existing
Infrastructure
Require developers to expand or upgrade existing infrastructure to increase capacity, or pay their fair share, as appropriate.
Public Works –
Transportation and
Development Services
None Required Con. Not an action item. Reviewed in conjunction with project review.
CITYWIDE
INFRASTRUCTURE
Strategy INF ‐
1.4.2 Future Infrastructure
Needs
For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels.
Public Works –
Development Services,
Transportation and
Capi
tal Improvement
Program
None Required con. Not an action item. Implemented in
conjunction with project review.
CITYWIDE
INFRASTRUCTURE
Strategy INF ‐
1.4.3 Economic
Development
Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase opportunities for municipal revenue.
Public Works –
Transportation and
Capital Improvement
Program
General Fund;
Capital
Improvement
Fund
Con. Not an action item. Implemented through
the Capital Improvement Program.
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RIGHTS–OF–WAY Policy INF ‐ 2.1 Maintenance Maintain the City’s rights–of–way and traffic operations systems.
Public Works –
Transportation and
Capital Improvement
Program
General Fund;
Grants Con. Not an action item.
RIGHTS–OF–WAY Policy INF ‐ 2.2 Multi–modal Systems Ensure that City rights–of–way are planned for a variety of transportation alternatives including pedestrian, bicycle, automobile, as well as new technologies such as driverless cars, etc.
Public Works –
Transportation, Service
Center and Capital
Improvement Program
General Fund;
Grants Con.
Not an action item. Implemented through
the Capital Improvement Program and
Bike/Ped Master plans.
RIGHTS–OF–WAY Policy INF ‐ 2.3 Green Streets Explore the development of a “green streets” program to minimize stormwater runoff in City rights–of–way.
Public Works –
Transportation,
Environmental Programs
and Capital
Improvement Program
General Fund;
Grants LR
Attempts have been made to identify a
ʺgreen streetsʺ project through the Capital
Improvement Program. Ongoing.
RIGHTS–OF–WAY Policy INF ‐ 2.4 Undergrounding
Utilities
Explore undergrounding of utilities through providers, public projects, private development and agency funding programs and grants.
Public Works –
Development Services
General Fund;
Grants Con. Not an action item. Implemeneted through
the Capi
tal Improvement Program.
RIGHTS–OF–WAY Strategy INF ‐
2.4.1 Public and Provider
Generated Projects
Require undergrounding of all new infrastructure projects constructed by public agencies and providers.
Work with providers to underground existing overhead lines.
Public Works –
Development Services
General Fund;
Grants Con. Not an action item. Ongoing coordination.
RIGHTS–OF–WAY Strategy INF ‐
2.4.2 Development Require undergrounding of all u tility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects.
Public Works –
Development Services
General Fund;
Grants Con. Not an action item. Reviewed in conjunction with project review.
RIGHTS–OF–WAY Policy INF ‐ 2.5 Recycled Water
Infrastructure Plan for citywide access to recycled water and encou rage its use. Public Works – Development Services General Fund Con.
Attempts have been made to require
development projects to route recycled
water to Stevens Creek Blvd. If not
successful, could be reviewed in conjunction
with the Capital Improvement Program.
RIGHTS–OF–WAY Strategy INF ‐
2.5.1 Availability Expand the availability of a recycled water system through pu blic infrastructure projects and development review.
Public Works –
Development Services
and Capital
Improvement Program,
Capital
Improvement
Fund
Con.
Attempts have been made to require
development projects to route recycled
water to Stevens Creek Blvd. If not
successful, could be reviewed in conjunction
with the Capital Improvement Program.
RIGHTS–OF–WAY Strategy INF ‐
2.5.2 Use Encourage private and pu blic projects to incorporate the use of recycled water for landscaping and other uses.
Public Works –
Development Services
and Capital
Improvement Program
Con.
Attempts have been made to require
development projects to route recycled
water to Stevens Creek Blvd and also to
require dual plumbing to allow use of
recycled water.