09-20-2022 Searchable Packet.pdf — Cupertino City Council, September 20, 2022 (part 2 of 2)

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11. INDEMNIFICATION; LIMITATION OF LIABILITY

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 commissions, officers, officials, employees, agents, servants, volunteers and consultants ("lndemnitees"), 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 by Contractor 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, in accordance with California Public Contract Code Section 920l. 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 lndemnitee.

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.

11.5. Contractor's total liability arising out of this Agreement shall be limited to the greater of (a) Contactor's total applicable insurance coverage and (b) ten million dollars ($10,000,000).

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. --Selttt - ------

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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 I 720 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.

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, employee, 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 the California Code of Regulations.

Contractor agrees 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 Chris Corrao, Senior Transit and Transportation Planner, 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 Valentina Titiun ______ 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 io accordance with the Scape of Select one
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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 pa11s 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 ( I 0%) 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, provided City gives Contractor at least ninety (90) days' written notice of the termination.

Notwithstanding the above, in the event Contractor fails or refuses to perform any of the provisions of this Agreement, Contractor shall be deemed in default in the performance of this Agreement. If Contractor fai ls to cure the default within the time and in the manner required by a written notice of default from City, in addition to any other remedies available to the City by law, the City may terminate the Agreement by giving Contractor written notice thereof, which shall be effective immediately.

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 ti led 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 cou1t. 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 suppo11ed by law and substantial evidence and include detailed written findings of law and fact.

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 pa11y wit I be entitled to reasonable attorney fees and costs.

19. THIRD PARTY BENEFICIARIES
There are no intended third pa11y beneficiaries of this Agreement.

20. WAIVER

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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 Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail.

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 pa1t 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 patticular situation, is found by the coutt 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 Pa1ties agree to work in good faith to amend this Agreement to carry out its intent.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, 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 wilt be considered effective on the date of personal delivery or the date confirmed 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:

Select one

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DocuSign Envelope ID: 14863258-CCE5-41B6-89DC-8EEBED127865 To City of Cupertino
Select Address
Attention: ____________ _
Email: ____________ _

27. VALIDITY OF CONTRACT
To Contractor: 160 Varick Street, Floor 4
New York, NY 10013
Attention: Lega 1 --=------ --------- Em ail: 1 ega 1-nyc@ri dewi thvi a. com This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office.

28. EXECUTION
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.

CONTRACTOR
By ~:lgd~~~S F89E085082754FA. ..

Name Erin Abrams
Title Manager
DateB/10/2019
Tax l.D. No.: 37-1782964
APPROVED AS TO FORlVI:
/4J:=- M.~~
HEATHER M. MINNER
Cupe1tino City Attorney
Sel<!et one

CITY OF CUPERTINO
A Municipal Corporation
NameY~or::~b L . F~
Title C,~ Maoarqd
Date c::::'i ' 1 t? ' l, q

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ATTEST:

GRA ~J± SCHMI~~ C
City Clerk / -(d 7 7
1145241.1
Select one

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EXHIBIT A

SCOPE OF WORK
City of Cupertino On-Demand Community Shuttle
18-Month Pilot Program
The City of Cupertino On-Demand Community Shuttle pilot program is an 18-month pilot program to test on-demand transit service in the City of Cupertino. The pilot program is an opportunity to study and evaluate the performance of the service based upon overall ridership, user feedback, synergies with other existing transit services, and other civic, social and environmental impacts.

The Consultant will leverage proprietary technology to assist in the design, deployment, operations, maintenance, marketing and evaluation of an on-demand transit service in Cupertino, CA. The Pilot service will be flexible, dynamically adapting to and responding to demand in real-time, using optimized routes to maximize the number of passengers per-vehicle and per-trip. Regular performance monitoring and data reporting will be used to assess operations and allow for mutually agreed upon adjustments to the service at any time during the Pilot to increase awareness, ridership, and/or accommodate new or shifting demand.

Duration: The anticipated launch of the 18-month Pilot is Fall 2019, with the actual launch date contingent upon the timing of the Cupertino City Council authorization of the agreement for services. After a launch date has been mutually agreed upon by the Consultant and the City, dates referenced in this scope of work, including data sharing, launch timing, etc., will be based upon the set "Launch Date."
Geographic Coverage: The geographic area includes all areas within the City of Cupertino, including areas shown in Exhibit C outside of the City boundary, including the Sunnyvale Caltrain station and other areas mutually agreed upon by the Consultant and the City.

Task 1. Project Management & Administration
Task 1.1 Detailed Work Plan & Schedule
The Consultant will develop and maintain a detailed work plan and schedule for submission to the City Project Manager no later than 15 business days after the Notice to Proceed, which will seek to refine and keep up-to-date the following:

Key Consultant and Subcontract staff assignments, by task/subtask Identify and maintain schedule of start and stop dates for each task/subtask Identify key milestones and define expected deliverables/results Deliverables
Detailed Work Plan & Schedule Documents
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Updates to Documents
Task 1.2 Regular Staff Briefings
The Consultant Project Manager shall conduct and schedule regular staff briefings ("briefings"), by phone or in person, to report on Pilot service performance, completed tasks, deliverables, and significant issues encountered and resolved during the period since the previous briefing, with an explanation and revised schedule for any unmet tasks and/or deliverables. The briefing shall also provide an overview of activities and expected deliverables for the upcoming 1-month period. Briefings will occur no less than weekly for the duration of the (four) weeks leading up to, and for 4 weeks following, the Launch Date, unless otherwise agreed upon by the City Project Manager. For the remainder of the term of the Contract, Consultant shall provide bi-weekly briefings to the City Project Manager, unless otherwise agreed upon by the City Project Manager.

Deliverables:

Weekly and Bi-Weekly meetings
Meeting agendas, notes and action items
Task 1.3 Monthly Invoicing
The Consultant shall submit to the City Project Manager invoices monthly on or around the 20thth of each month to include expenses for the preceding month, with the billing period beginning and ending in the same calendar month.

Invoices shall have supporting documentation that includes a list of hours by day by Driver Partner ID with the associated applicable rate as well as a schedule showing the operating hours for the month.

Deliverables:

Monthly invoices
Supporting Billing Documentation
Task 1.4 General Project Management
Consultant will take responsibility for project management on a continuous basis during the course of the project and will designate a Project Manager to coordinate all required deliverables and perform all work described herein. The Consultant Project Manager will be empowered to enact decisions related to the project on the Consultant's behalf, and will serve as primary point of contact with the City Project Manager on an ongoing basis. The Consultant shall oversee subconsultant activities and will ensure that any subcontracted staff performing tasks have the appropriate skill levels and credentials. For the avoidance of doubt, independent contractor driver partners shall not be deemed "subcontractors" for the purposes of Section 5 of the Agreement.

Consultant shall commit to attending in-person at least (3) City Council meetings or major Pilotrelated events over the term of the Contract to provide staff support at key milestones, which 168
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may include service Launch Events. The City will give the Consultant at least four (4) weeks advance notice of such events.

The City will also designate a Project Manager to be the primary point of contact for the Consultant throughout the Pilot duration. The Consultant shall keep the City Project Manager abreast of all coordination related to the Pilot with outside agencies with a direct connection to the City regarding project funding, including both governmental agencies and private organizations, prior to any meeting with any such outside agency or organization.

In addition, the Consultant will ensure the project team includes personnel with expertise in service scoping, operations, driver onboarding, fleet maintenance, marketing, and data analytics. Leading up to the launch of, and during the course of the Pilot, the Consultant's project team, led by its Project Manager, will be closely engaged with the City in order to ensure that key project deliverables are provided in a timely manner, and that learnings from the Pilot are incorporated into its optimization.

Onsite support (pre-launch): Consultant Project Manager will be onsite for at least one (1) week prior to the Launch Date to oversee the implementation of the service.

Remote Support (post-launch): For the first month of service, the Consultant Project Manager will lead weekly follow-up calls to review all aspects of the service with City personnel. The Consultant Project Manager will also coordinate additional reviews of key operational topics as mutually decided upon by the Consultant and the City.

Deliverables:

Attendance at minimum (3) Council meetings or other major Pilot-related events Onsite and remote support including regular calls
Management and oversight for subcontracts
General project management
Task 2. Preliminary Service Planning, Design & Preparation Task 2.1 Project Kick-Off Meeting
At start of pre-launch phase, Consultant shall hold a kick-off meeting with the City Project Manager and relevant City personnel. The meeting will focus on establishing and introducing the Consultant and City project teams, reviewing a work plan and schedule for prelaunch preparations, and beginning detailed work on the Detailed Launch Plan & Service Parameters as defined below.

Deliverables:

Project Kick-off Meeting, including meeting agenda & notes Task 2.2 Detailed Launch Plan & Service Parameters
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Beginning with the Project Kick-off Meeting and extending throughout the pre-launch phase as necessary, Consultant shall work closely with the City to jointly define and finalize all relevant parameters of the service as outlined below. As part of this collaboration, quality of service standards for the Pilot service will be mutually established in order to create a baseline for monitoring Consultant's performance.

Over the course of the project, decisions to change key parameters will be made collaboratively, and Consultant will work with the City to continuously adjust and optimize the system's features and settings in order to ensure it supports growing ridership. As such, the Baseline Service Parameters defined below may be re-defined or adjusted by mutual agreement between the City and Consultant either in advance of or after the Launch Date based on additional data or new information collected. Any changes to the Pilot Service Parameters will be subject to mutual agreement by the City and Consultant.

Baseline Service Parameters
Coverage Area
At Full Launch, the Pilot will include the entire City, including areas mutually agreed upon outside of the City limits, including Kaiser-Permanente Santa Clara, West Valley Medical Center (PAMF), Sunnyvale Caltrain, and potentially one additional medical center, to be agreed upon mutually by the City and Consultant. Areas deemed inaccessible, including gated areas, are excluded from the service area. The launch of the system must serve the entire service area, however the Consultant may gradually deploy vehicles to balance efficient coverage with quality of service as data is gathered in order to fine-tune deployment elements as ridership grows.

Accessibility
Provision of Wheelchair Accessible Vehicles (WAV)
Upon receiving the Notice to Proceed, Consultant will commence development of a WAV fleet plan that satisfies relevant Federal Transit Administration (FT A) and Americans with Disabilities Act (ADA) requirements - including the equal provision of service to potential Pilot riders of all physical means. To fulfill this goal, Consultant shall cause to be deployed for the Pilot appropriately-trained drivers operating taxi or livery vehicles, or dedicated vehicles specifically deployed for the Pilot.

To indicate their need for a WAV vehicle, a rider will select the "Wheelchair accessibility" option within their profile in the Via app that will prompt the system to dispatch an appropriate vehicle each time the rider makes a request (riders booking by phone would convey their need for a WAV vehicle to the dispatcher, who would make a permanent note in the rider's account). A WAV option will be deployed no later than the Launch Date.

Phone Booking Option
Via's technology is configured to allow a dispatcher to book rides on behalf of riders, allowing users of all technological abilities and access levels to enjoy the same level of service as those with a smartphone (except for the experience and convenience that is specific to in-app rider 170
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ordering and tracking). The Consultant will provide as a feature of the Pilot service a phone number and a dedicated dispatcher to book and coordinate rides for users without smartphones.

A phone booking option will be available as part of the Pilot service no later than the Launch Date.

Customer Service
The Consultant shall provide high-quality customer service to both Pilot customers and driver partners during the course of the Pilot. If an issue arises for a cust omer or driver before, during, or after a ride, parties will be able to reach Consultant staff by text message in real time, or by submitting an email ticket, which will be replied to promptly by Consultant staff. Riders who booked using the dedicated phone line will be able to receive phone support as required.

Hours of Operation
The Pilot will operate Monday through Saturday, excluding holidays, for which a mutual decision whether to operate will be made between the City and Consultant. The Consultant estimates the Pilot service will operate from 6am - 8pm Monday - Friday, and 9am-5pm Saturdays, subject to change based on demand data gathered during the initial launch period and subject to mutual decision between the Consultant and City.

The Pilot goal will be to provide operating hours as extensive and consistent as possible within the reasonable cost, as mutually agreed upon between the Consultant and City. As it is the intent of the Pilot to provide a reliable and predictable service, the Consultant shall seek to limit adjustments to the Hours of Operation to those changes deemed necessary or intended to grow ridership or enhance service.

Fare Structure
It is the intent of the Program to provide a consistent, flat-fare transportation service that enables community members of all incomes to access a convenient, high quality mobility option. The consumer cost to take a ride using the Program shall be as follows in the fare structure below, unless otherwise mutually agreed upon by Consultant and the City Project Manager:

Regular Fare (per trip): $5.00, with the option to reduce post launch as low as $2, as it relates to demand generation and rider acquisition tactics and targets.

Rider +friends (additional riders added onto a users' trip request): Half the regular per trip fare per-person, up to a maximum of four (4) riders under one (1) reservation.

Weekly Via Pass: Set price per week, starting the first day of the first trip used. Offers up to a set number of trips per-day, each operational day of the week.

Senior/Disabled Pass (ages 65 and over)/Low-income/De Anza College students discounted rate passes: Riders who are eligible for and submit necessary documentation to receive this discount shall receive 50% off all standard fares, including Weekly ViaPass.

Consultant will work with City staff to determine appropriate fares for mutually agreed-upon out of zone destinations, listed in Cupertino Service Area Map, Exhibit C. 171
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Consultant will work with City staff on developing additional fare packages, such as a monthly pass, and other ways to maximize fare-box recovery and increase ridership.

The City will be responsible for verifying whether riders qualify for discounted fares. The City will identify simple methods of verification, such as student ID's for the student fare, or cards demonstrating that riders qualify for existing low-income programs to simplify the verification process to the maximum extent feasible.

Any changes to base ride cost will be made in response to Pilot service data, and with the intention of making the Pilot as efficient and cost-effective as possible while retaining service accessibility. The City will retain full authority to approve any changes to the base ride cost range described above.

Fare payment options shall include payment by credit card submitted electronically through the Rider App or submitted through the Via system when booking is made for a rider over the phone.

FleeWehicles
Dedicated vehicles will be offered by the Consultant's chosen third party vehicle provider ("Vehicle Provider") to Driver Partners on a rental basis. The Vehicle Provider will offer a fleet of up to ten (10) branded, licensed and insured vehicles ("Fleet Vehicles"), all of which can fit a minimum of 6 passengers and as many as two bicycles. The Fleet Vehicles shall include one Wheelchair Accessible Vehicle (WAV) (approximately 10% of the total Fleet Vehicles) to be made available to independent contractor Driver Partners, who will be able to gain access to these vehicles after being registered onto the Platform. Consultant will ensure Vehicle Provider keeps vehicles clean and maintained in a preventive maintenance program for vehicles used in this pilot program. For the avoidance of doubt, the Vehicle Provider shall not be deemed a "subcontractor" for the purposes of Section 5 of the Agreement.

Drivers
Qualified and accredited independent contractor drivers will be able to gain access to the Fleet Vehicles after being registered onto the Via system, enabling these individuals to sign up for specific daily slots or longer periods of work. Consultant shall establish driver registration and certification protocols designed to ensure compliance with applicable laws, regulations, or terms of project funding sources. Consultant shall ensure drivers are aware of the pilot program and can articulate to riders pilot program basics, including how to get additional program information.

For the avoidance of doubt, independent contractor driver partners shall not be deemed "subcontractors" for the purposes of Section 5 of the Agreement.

Smartphone App
Consultant shall work closely with the City to provide a co-branded splash page in the Via Smartphone App. The ultimate appearance of the app will be built upon Via's proprietary rider 172
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application to provide a tailored user experience. As mutually agreed upon, the app may suggest locations to customers, or present service announcements, promotions, or discounted pricing through in-app messages or push notifications.

Technology Platform
Via will leverage its powerful suite of apps, real-time operations and administrative tools, and data analysis and reporting features to power the Pilot service. This platform will be the same one used to manage each Via service around the world. The Consultant will provide use of the Via technology platform that in real time aggregates riders travelling from multiple origins to multiple destinations efficiently, while optimizing the balance between vehicle utilization fleetwide and a high quality of service. The Via system has fully automated ride proposal, booking, and dispatch services, and is accessible by mobile application and, as required, phone bookings. In order to serve those users who do not have a smartphone or may require additional technology assistance, the Consultant shall provide the option for account creation by phone for at least 10 hours per week (pre-set hours to be determined as part of launch planning). Should Via have the capacity for web-based booking, it shall be made available as an option to the City at no additional cost.

Deliverables:

Final Launch Plan
Additional documentation of Parameters, as mutually agreed upon by Consultant and City Task 2.3 Technology Localization & Back-end Systems Setup Consultant shall localize all infrastructure technology, including mapping and real-time routing systems, specifically for the Pilot, taking into account local geography and any algorithmic adjustments required in order to achieve system and service efficiency. Back-end operational systems, including those required for driver registration and supply monitoring, will be fully localized and maintained over the course of the Pilot.

Deliverables:

Completion of Technology Localization & Back-end Systems Setup Task 2.4 Driver Acquisition & On-Boarding
Consultant shall source independent contractor drivers from the community and surrounding areas if possible and shall verify that drivers possess all data and documentation to satisfy Via's standards as well as local and State requirements. Independent contractor drivers will go through registration, which includes an introduction to Via's system, customer service expectations, and customer and driver safety protocol and policies. Drivers will be subject to comprehensive background checks as required by local and State law.

Deliverables: Drivers fully registered to drive on the Via platform Task 2.5 Vehicle Delivery & Branding
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Vehicle Provider shall coordinate the delivery and availability of a fleet of up to ten (10) Fleet Vehicles vehicles such that these vehicles are ready to be driven by independent contractor drivers on the Launch Date. Vehicle preparation will include successful completion of all relevant insurance, registration, licensure, and maintenance requirements. Fleet Vehicles will have custom co-branding in the form of vehicle decals or wrapping as to be easily recognizable to users of the service. Vehicle branding design will be finalized in collaboration with the City.

Deliverables:

Vehicle Fleet with custom co-branding
Task 2.6 WAV Service
The Pilot Wheelchair Accessible Vehicle (WAV) service shall satisfy relevant FTA ADA requirements, including the equal provision of service to potential Pilot riders of all physical means. To fulfill this goal, Consultant will either (1) ensure Vehicle Provider provides dedicated WAV to be used for the Pilot or (2) identify and subcontract with wheelchair accessible vehicle (WAV) providers who have personnel that are trained to operate vehicles and equipment safety and to assist and treat individuals with disabilities in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities. Consultant will ensure that any drivers providing WAV service as part of the Pilot will be trained to operate WAV vehicles and equipment safely, as well as to properly assist and treat individuals with disabilities in a courteous and respectful manner.

Deliverables:

WAV service
Task 2.7 External Stakeholder Coordination Meetings
City and Consultant will together identify key external stakeholders relevant to or interested in the Pilot (i.e., Santa Clara Valley Transportation Authority, neighboring cities of Cupertino in the western portion of Santa Clara County, San Jose, etc.) and setup meetings in advance of the Launch Date in order to gather data and local information relevant to the Pilot, build community support, and identify opportunities to support multi-modal linkages. This initiative will be spearheaded by the City so as to best utilize local relations, with significant involvement provided by Contractor. Local schools with students ages 14 and older should be contacted by the Consultant launch team prior to the Launch Date to discuss appropriate pick-up and drop-off locations in congested school zones to maximize safety.

Deliverables:

Participation in external stakeholder meetings
Meeting agendas & notes
Task 3. Pilot Deployment & Operations
The Consultant will collaborate with the City of Cupertino to design and operate a Pilot service that meet the project's operational goals. Consultant will establish a project team in the area and 174
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will draw on expertise in Operations, Expansion, Growth and Data Science teams in order to grow and optimize the service across the duration of the Pilot. Consultant will proactively suggest enhancements to the service to improve rider experience, quality of service, and cost per ride. Consultant shall procure all required licenses, permits, and insurance to operate an ondemand rideshare solution in the City of Cupertino.

Task 3.1 Launch Period & Launch Event
A launch event will be held on the Launch Date to raise awareness of the service locally and initiate formal marketing and media outreach.

Deliverables
Coordination and Completion of Launch Event, including appropriate marketing and media outreach.

Operation of Service Launch
Task 3.3 Full Service Launch, Operations & Maintenance
The Consultant shall operate the Full Service for the duration of the 18-month Pilot, unless otherwise mutually agreed upon by the Consultant and City. Following Launch, the Consultant shall continue to operate, maintain, and evaluate system data and service information to optimize, iterate on, and scale the service in collaboration with the City.

Deliverables:

Ongoing operations
Task 4. Marketing Plan & Implementation
Task 4.1 Draft & Final Marketing Plan
Consultants shall work closely with the City to develop and refine a unified marketing and promotional program that increases community awareness of the Pilot, and maximizes its success for implementation by Consultant. As reasonable, the City will cooperate with Consultant to promote the service and create local awareness and will support the Consultant's team by providing useful local insights and leveraging existing marketing platforms, associations, and social media presence to promote the Pilot program. Marketing and branding guidelines, including initial marketing material templates, will be presented by the Consultant to the City for review and approval in advance of finalization and distribution.

Consultant and City shall collaborate on the following key marketing activities during the course of the Pilot:

Initial collateral and branding development
Vehicle wrapping/branding design
Launch press and media campaign
Rider acquisition campaigns
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Ongoing promotional campaigns
Partnership with key City stakeholders and community organizations Deliverables:

Final Marketing Plan, including branding guidelines
Task 4.2 Production of Marketing Collateral
Per the Marketing Plan developed in Task 4.1, marketing and branding guidelines, including initial marketing material templates, will be presented by the Consultant to the City for review ahead of finalization, production, and distribution.

Deliverables:

Marketing Collateral
Task 4.3 Implement Marketing Plan
Based on the agreed upon Marketing Plan developed in Task 4.1, Consultant shall work closely with the City to implement a range of marketing and promotional subtasks, including the City offering free or discounted rides.

Deliverables:

Implementation of Marketing Plan
Task 5. Performance Monitoring
See Exhibit E., Data Sharing.

Deliverables:

Ongoing regular data sharing and reporting.
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Via Cupertino Service Area Map
Approximate zone size: 10.6 sq miles
0 Sunnyvale
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WEST V/J
WfST SAN JOS
NOTES:

Additional service islands under
consideration not shown (to be
mutually agreed upon by Via and
the City):

1. Palo Alto Medical
Foundation - (Mtn View)

2. Mountain View Caltrain
Station

3. El Camino Hospital
(Mtn View)
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EXHIBIT C - FEES
Fees
The table below outlines the payment structure, in which Cupertino would be charged on a price per driver hour and price per service hour basis. The total contract value shall not exceed $1 ,750,000 for the 18-month contract term.

Fixed Upfront) Costs
Total Upfront Cost
Project Management & Other Pilot Operations'
Performance Monitoring and Reporting
Driver Pay (Incl. WAV}
Driver & Rider Acouisition
To ta/ Cost per Driver Hour
Customer SeNice
Total Cost per Customer Service Hour
Total Pilot Cost to City of Cupertino ..

Note: Pricing excludes all taxes.

City of Cupertino Proposed Contract Value
Price per
Price per Driver Customer
Hour Service Hour ·
/ ✓,• ///// ✓✓,-✓✓✓✓✓½
$6.59 NIA
$0.76 NIA
S27.18 NIA
S1.30 NIA
$35.83o///////////};_
NIA $25.00 ?01//4W/4 $25.00
Total Price
$122200
$122,200
$271.455
S31 250
$1,119.345
553.650
$1,475,700
$152,100
$152,100
$1,750,000
'Includes technology, IT hosting, insurance, T&E. and other miscellaneous costs. •• Total Pilot Cost to City is a not-to-exceed amount and does not reflect unknown fa rebox revenue invoice credits.

Driver Hours Summary:

Total Implied Driver Hours
Total Implied Driver Hours (Weekly)
Siwjce Hours Summacy·
T otal I mp lied Ser-,ice Hours
T otal Implied Service Hours (Weekly)
Note: Hours are indicative and subject to change.
41 ,184
528
6,084
78 Cupertino will be billed for the above fees and a revenue share as described below. Driver hours, service hours, and revenue share from rides served will be billed as incurred at the end of each month. Cupertino shall pay the following fees to Via:

Installation Fee
Cupertino shall pay to Via a non-refundable installation fee of $122,200, 50% of which ($61 ,100) will be payable upon signing of this Order, and the remaining 50% ($61 ,100) will be payable upon launch of the Deployment.

Monthly Fees
Cupertino shall pay the following fees to be invoiced monthly by Via, starting upon launch of the Deployment:
• $35.83 per driver hour
• $25.00 per service hour
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Revenue Share
Cupertino shall pay to Via $1 .50 for each completed ride (the "Revenue Share"), to be invoiced monthly by Via, starting upon launch of the Deployment. The City of Cupertino shall receive a monthly invoice credit in an amount equal to the net farebox revenue collected, less the Revenue Share retained by Via in that same previous calendar month.

Optional Enhancements Services and Fees
Upon reasonable request, Via will provide enhancements subject to the following fees:

Additional Description Rate
Services
Additional Add access to powerful Pricing available upon Features features like a web- request
based booking portal,
corporate account
management
dashboards, linkage to
fixed route bus and train
lines, and integration into
third party travel
planners and payment
apps
Expert Additional support Pricing available
Consulting upon request
Services
Advanced Create a data warehouse Pricing available
Data Analytics or additional dashboards upon request
not covered in the
original agreement
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Exhibit E.

Data Sharing Plan
As pa1t of the Deployment, Via will make the below data available to members of the City's Core Team, for the purpose of research and program evaluation. The data to be shared will be uploaded to a Tableau server and protected by Via's VPN. Each of the individuals listed as members of the Core Team will be provided their own Tableau and VPN credentials. Access to the Tableau server will be available through the VPN only and might require appropriate software to connect. Underlying data may not be shared through any other method. The data is considered trade secret by Via, and is subject to the confidentiality and other protective provisions set forth in the Te1ms.

To protect Via's intellectual property and the privacy of riders, Via will provide the following data tables and dashboards in the form of aggregated Tableau repo1is that will be provided for City's access. These reports will be refreshed daily. The reports are aggregated, deidentified and do not include any personal information of Passengers.

Section A: ST AND ARD REPORTING SET
.. -"
- Dashboard Data Point Level of Detail
- ,
Rides Data Rider ID Completed ride
Key data for each completed
ride Request origin lat/long Completed ride; truncated to 3rd decimal place
Pickup date + time Completed ride; truncated to
minute
Request destination lat/long Completed ride; truncated to 3rd decimal place
Dropoff date + time Completed ride; truncated to
minute
Number of passengers Completed ride
Ride distance (miles) Completed ride
Ride duration (minutes) Completed ride
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Fare paid Completed ride
WAY Completed ride
.

Mileage and Sharing Service time (hours) week
Aggregate vehicle mileage &
sharing data by week Revenue time (hours) week
Service distance (miles) week
Revenue distance (miles) week
% of shared bookings week
Bookings / loop week
Quality of Service Trends Completed rides week
Summa,y of rides and quality
of service Avg. ride distance (miles) week
Avg. ride duration (minutes) week
Utilization week
Active drivers week
Driver hours week
ETA week
On-time pickup % week
Completed ride % week
Pickup request locations (by week
polygon)
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Dropoff request locations (by week
polygon)
Top 5 pickup request week
intersections
Top 5 dropoff request week
intersections
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EXHIBITD
Insurance Requirements
Via Trallsportation, Ille - On-Demand Commzmity Shuttle 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
l. 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 $5,000,000 per occurrence (ISO Form CG 00 0 I). 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. b. Additional [nsured 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 [SO Form CG 20 OL (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 contai!) a provision that such coverage shall also apply on a primary and non-contributory 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 0001 covering any auto (including owned, hired, and non-owned autos) with limits no less than $5,000,000 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 of no less than $1,000,000 per occuffence for bodily injury or disease.

4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occtmence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit.

5. Cyber Liability: f nsurance with limits not less than $5,000,000 per occurrence/ $5,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic informatron, release of pFtvate information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as £r:h. D-Jnsurance Requirements
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well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Additional Insured Status
The City of Cuperiino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on all insurance coverages required by this Agreement. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 l O ( 11/ 85) or both CG 20 l O and CG 20 3 7 forms, if later editions are used).

Primmy 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 a llowed 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 recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation 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 deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance ce,iificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Agrement), 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 verification of compliance at any time during the Contract term.

S11bco11tractors
Consultant shall require and verify that all subcontractors maintain CGL, Automobile Liability, Sexual Abuse and Molestation, and Workers' Compensation and Employer Liability (if applicable) insurance that meet the requirements of this Agreement, including naming the City as an additional insured on subcontractors' insurance policies.
fa:h. D-!ns11rance Requirements
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Higher I11sura11ce 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, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 1140113.1
£r:h. D-lnsurance Requirements
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~
I ACC>RD DATE(MM/00/YYYY) • ~ CERTIFICATE OF LIABILITY INSURANCE 09/04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF 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 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
Aon Risk services Northeast, NAME: Inc. PHONE
Morristown (866) 283-7122 I fffc. No.): (800) 363-0105 NJ office (A/C. No. E•t):
44 Whippany Road, Suite 220 E-MAIL
Morristown NJ 07960 USA ADDRESS:

INSURER($) AFFORDING COVERAGE A v ./ NAIC#
INSURED INSURER A: Illinois National Insurance co · ... ' ' 23817 Nomad Transit, LLC. INSURER 8: Pacific Insurance Company Ltd ,., r,,.v 10046 160 Varick Street 4th Floor Lloyd's Syndicate NO . 1969 Jlld,,, - 1120106 INSURER C: ~ New York NY 10013 USA INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· 570078148115 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. NOTWITHSTANDING 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, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested ''"'~" TYPE OF INSURANCE f~s'-'6 I~{; POLIC)\bltlMBER LTR IMMJOoimvi I ~l11\oNm LIMITS B X COMMERCIAL GENERAL LIABILITY ,...._ lVYRSOHl:Hl/3 08/ J.)/ <VL: 1v~/ D/ ,v._ EACH OCCURRENCE Sl,000,000 D 0ocCUR \ll"\!YV\..,.~ IU t<tN1'-,.U CLA Sl00,000 IMs.MAOE ,...._ PREMISES tEa OCCUITence\ ~
MEO EXP (Any one person) $2,500
,...._ PERSONAL to ADV INJURY Sl,000,000
GEN'tAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE Sl0,000,000 :
~ POLICY □ i;:i □ LOC PRODUCTS - COMPIOPAGG SlO, 000, 000 OTHER:

B AUTOMOBILE LIABILITY 10 YR2 OH8074 08/15/2019 09/15/2020 COMBINED SINGLE LIMIT Sl,000,000 <Ea accident' ,__ ANYAUTD BODILY INJURY ( Per person) S50,000 ,__
OWNED - SCHEDULED BODILY INJURY (Per accident) Sl00,000 ,__ AUTOS ONLY ,__ AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED CPer aecidant) $30,000 ,__ ONLY ,__ AUTOS ONLY C UMBRELLA LIAB ~ OCCUR CSUSA1902823 08/15/2019 09/15/2020 EACH OCCURRENCE $6,000,000 ,__ SIR applies per policy ter Ins & condi ions X excess LIAB CLAIMS-MADE AGGREGATE S6,000,000 OED I X !RETENTION

WORKERS COMPENSATION AND I PER STATUTE I IOTH- EMPLOYERS' LIABILITY Y ER IN ANY PROPRIETOR I PARTNER I EXECUTIVE □ E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA
(M;mdatory in NH) E.L. DISEASE-EA EMPLOYEE
gm~rtf~~ ~fgPERATIONS below E.L. DISEASE-POLICY LIMIT
A E&o-Technology 082887375 01/11/2019 01/11/2020 Professional Liab S5 ,000,000 Cyber Liability S5 ,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Rermrks Schedule, may be attached if moro space is required) Nomad Transit LLC is a no-employee entity, which is why workers' comp coverage is not evidenced on this certificate. workers' comp coveraie is held at the parent company level by via Transportation, Inc. The City of Cupertino, its City council, officers, o ficials, employees, agents, servants and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy.

CERTIFICATE HOLDER CANCELLATION

SHOULD /WV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The city of Cupertino
10300 Torre Avenue

AUTHORIZED REPRESENTATIVE
Cupertino CA 95014 USA
~ ~9'~r..ff'~~
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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/ \
R: 10 YR3 OH8073 COMMERCIAL GENERAL LIABILITY
CG 20 26 0413

ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Blanket, as required per written contract executed prior to a loss.

City of Cupertino, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers, and Consultants
10300 Torre Ave.

Cupertino, CA 95014
Information required to comolete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever. is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 187
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~ I ACORC> DATE(MM/00/YYYY) ., '-.----' CERTIFICATE OF LIABILITY INSURANCE 09/04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

PROOUCER CONTACT
Aon Risk services Northeast, Inc. NAME:
rH-,,Nc (866) 283-7122 Morristown j r~. No.): (800) 363-0105 NJ office (A/C. No, Exl):
44 Whippany Road, Suite 220
Morristown NJ 07960 USA
E-MAIL AOORESS:

INSURER(S) AFFORDING COVERAGE A NAIC #
INSURED INSURER A: Starr Indemnity & Liabi l ity Company .IJ 38318 via Transportation. Inc. INSURER B: ,.
160 Varick Street
4th Floor INSURER C:

New York NY 10013 USA INSURER 0:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570078147889 REVISION NUMBER:

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested ['r'ii' TYPE OF INSURANCE 'Wsc\ 1
wvC POLICY NUMBER I IMMIDOivYYYl ,M~OONYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ~ D CLAIMS-MADE OCCUR v ,.,_,.,,.-,....,,_ IVn.L.n 1o;..u PREMISES (Ea occu1Tenc&\
MEO EXP (Any one person)

PERSONAL & AOV INJURY
GEN'LAGGREGATE LIMIT APPLIES PER: GENEAALAGGREGATE R POLICY JECT PRO- LOC PROOUCTS • COMP/OP AGG OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
{Ea accident\ ,__ ANY AUTO BOOILY INJURY ( Per person)
- OWNED - SCHEDULED _ BOOILY INJURY (Per accidonl) AUTOS - AUTOS ONLY ,..._ NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) - ONLY ,..._ AVTOSONLY
UMBRELLA LIAB H OCCUR EACH OCCURRENCE ,..._ EXCESS L AGGREGATE IAB CLAIMS-MACE

OED I I RETENTION
A WORKERS COMPENSATION ANO 1000002392 09/15/2018 09/15/2019 X I PER STATUTE I IOTH- EMPLOYERS' LIABILITY YIN ER

ANY PROPRIETOR I PARTNER I EXECUTIVE
~ E.L. EACH ACCIDENT 51,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE Sl,000,000
~l;t~rp~,g,~ ~l~PERATIONS below E.L. DISEASE-POLICY LIMIT Sl,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more spact is required) A waiver of Subrogation is granted in favor of The City of Cupertino, its city counci l , officers, servants and volunteers in accordance with the policy provisions of the workers Compensation line officials, employees,
of coverage . agents,

CERTIFICATE HOLDER CANCELLATION
SHOULD Ar-N OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The city of Cupert ino
10300 Torre Avenue

AUTHORIZED REPRESENTATIVE
Cupertino CA 95014 USA
~ ~.9~,.Aec~~
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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STARR
l NDEMN lT Y

A MEMBER OF STARR COMPANIES
State
us
DC
DC
DC
DC
DC
DC
DC
DC
DC
DC
DC
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
NY
NY
NY
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NY
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Form Nbr.
wcooooooc
WC00031Ll\
WC000313
WC000406
WC0004 l4
WC000419
WC000421D
WC000422B
WC000424
wcooo,12s
WC080601
WC990605
WC000311A
WC000313
WC000406A
WC000414
WC000419
WC000421D
WC000422B
WC000424
WC000425
WC1206018
WC990605IL
WC0003 OLl\
WC000311A
WC000313
WC0004 04
WC000406
WC000407
WC00 0414
Issued Date: 09/26 /2010
02 \NCOOOOOIA (Ed. 05133)
Workers Compensation and Employers Liability
Insurance Policy
Policy Number: 100 0002392
Named Insured: VIA TfW'.ISPORTATION. ~C
Agent: SWett & Crawford

ENDORSEMENT SCHEDULE
Ed. Date
1/J.5
8/91

4./84
8/84
7/90
1/01
1/ is
1/15
1/17
5/17
4/84
5/12
8/91
4/84
7/95
7/90
1/0:J.
1/15
J./15
1/17
5/17
1/15
5/12
2/89
8/91
4/ 0,1
4/84
8/84
4/84
7/90
Description

WC & EL POLICY

VOLUNTARY COMP & EL ENDT

WAIVER OF OUR RIGHT TO RECOVER

PREMIUM DISCOUNT ENDT

NOTIFICAT OF CHNG IN OWNERS

PREMIUM DUE DATE ENDT
CATASTROPHE (0/T C.A.T.)PRM EN
TERR RISK INS RE.1\0THZ DISC END

AUDIT NONCOMPLIANCE CHARGE END

EXPER RATING MOD FACTOR REV

DC CANCELLATION ENDT
ADVANCED NOTICE or CANCELhl\TIO

VOLUNTARY COMP & EL ENDT

WAIVER OF RIGHTS TO RECOVER

PREMIUM DISCOUNT ENDORSEMENT
NOTIFICATION OF CHG Hl OWNER

PREMIUM DUE DATE ENDORSEMENT
C.l\T.Z\STROPHE (0/T C. A.T.)PRM EN
TERR RISK ms REAUTHZ DISC END
.1\UDIT NONCOMPLIANCE CH.l\RGE END
EXPER RATING MOD !"ACTOR REV

IL AMENDATORY ENDT
IL ADVANCED NOTICE OF C.ZIJ'lCELLA

ALTERNATE EMPLOYER ENDT

VOLUNTARY COMP & EL ENDT

WAIVER OF RIGHTS TO RECOVER
PENDING RATE CH.l\l'IGE ENDT

PREMIUM DISCOUNT ENDORSEMENT

RATE CI-LZIJ'TGE ENDORSEMENT
NOTIFICATION or, CHG IN OWNER

INSURED'S COPY
0005328

Page 9 of 10 ends

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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
WC 00 03 13
(Ed. 04-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss.

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:

Insured:

Insurance Company:

WC 00 03 13
(Ed. 04-84)
Policy No.: Endorsement No.:

Premium:

Countersigned by: ______________ _

Page 1 of 1 ends

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City Council Actions August 20, 2019

7. Subject: Authorize the City Manager to execute a lease agreement with the Regents of the University of California for the Rolling Hills 4H Club for facilities at the McClellan Ranch Preserve
Recommended Action: Authorize the City Manager to execute a lease agreement with the Regents of the University of California for the Rolling Hills 4H Club for facilities at the McClellan Ranch Preserve for a period of five years, from September 1, 2019 through August 31, 2024
Authorized the City Manager to execute a lease agreement with the Regents of the University of California for the Rolling Hills 4H Club for facilities at the McClellan Ranch Preserve for a period of five years, from September 1, 2019 through August 31, 2024

8. Subject: Agreement with Nomad Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle Pilot Program
Recommended Action: Authorize the City Manager to execute an agreement with Nomad Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle Pilot Program with a not-to-€xceed cost of $1,750,000
Council found that the approval to execute the agreement with Nomad Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle Pilot Program is statutorily exempt from the California Environmental Quality Art pursuant to Public Resources Code section 21080(b)(10), and direct staff to file a Notice of Exemption and further finding that the approval is exempt from CEQA pursuant to Title 14 of the California Code of Regulations Chapter 3, Article 5, Section 15061(b)(3) because it is certain that there is no possibility that this approval would have a significant effect on the environment; and Authorize the City Manager to execute an agreement with Nomad Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle Pilot Program with a not-to-exceed cost of $1,750,000. Councilrnember Paul also encouraged staff to make sure the program rolls out as quickly and efficiently as possible and to ensure there is a significant roll out not just with public relations but also outreach to the community to ensure everyone is aware of the availability.

9. Subject: Accept termination of Audit Committee member James Qim) Luther and direct staff to fill the unscheduled vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members' terms expiring in January, 2020.

Recommended Action: Accept termination of Audit Committee member James Qim) Luther and direct staff to fill the unscheduled vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members' terms expiring in January, 2020.
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Nomad Transit for On-Demand Shuttle Pilot
Program
Final Audit Report 2022-09-12
Created: 2022-09-08
By: City of Cupertino ([email protected])
Status: Signed
Transaction ID: CBJCHBCMBAAqztsqxlmihVXSeTYWZjeksTfFYV4uTa2 "Nomad Transit for On-Demand Shuttle Pilot Program" History ~ Document created by City of Cupertino ([email protected]) 2022-09-08 - 10:15:58 PM GMT- IP address: 35.229.54.2
~ Document emailed to Julia Kinst [email protected]) for approval 2022-09-08 - 10:19:04 PM GMT
1% Document approved by Julia Kinst [email protected]) Approval Date: 2022-09-08-10:20:11 PM GMT- Time Source: server- IP address: 216.198.111.214 C:. Document emailed to [email protected] for signature 2022-09-08 -10:20:19 PM GMT
~ Email viewed by [email protected]
2022-09-09 - 5:34:46 AM GMT- IP address: 66.249.81.182
!% Signer [email protected] entered name at signing as Alexander Lavoie 2022-09-12 - 4:26:35 PM GMT- IP address: 79.168.0.120
1% Document e-signed by Alexander Lavoie ([email protected]) Signature Date: 2022-09-12 - 4:26:37 PM GMT - Time Source: server- IP address: 79.168.0.120 0 Agreement completed.
2022-09-12 - 4:26:37 PM GMT
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Attachment B
RESOLUTION NO. 22-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL
YEAR 2021-22 BY APPROPRIATING, TRANSFERRING, AND

UNAPPROPRIATING MONIES FOR SPECIFIED FUNDS
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects and programs, and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations and ratifies the attached amended appropriations as set forth in Exhibit A.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment because the project is a micro transit service. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action of continuing an existing micro transit service would have no, or only a de minimis effect on the environment because the transit service provides shared rides to Cupertino and surrounding transit stations, reducing roadway congestion and 194
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Resolution No. __________________
greenhouse gas emissions. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20
th day of September 2022, by the following 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. __________________

EXHIBIT A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $200,000 $ - $ (200,000)
Special Revenue Fund $ - $ -
Capital Projects Funds $ - $ - $ -
Enterprise Fund $ - $ - $ -
Internal Service Fund $ - $ - $ -
Total Appropriation
Amendment All Funds
$200, 000 $ - $(200,000)
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Attachment C
Pilot Program Ridership Data 9/12/22
Total completed rides: 25,836
Overall ride rating: 4.9
Average wait time: 10 minutes
Active riders: 1,576
Utilization rate: 1 (pilot average, including launch periods & Covid period)

1.5 September 2022 average

2.4 (rate between 1/20 – 3/20, peak program performance) Farebox revenue: $34,749.10
Average trip distance: 2.7 miles
Average trip time: 9.8 minutes
The utilization rate shows the average number of rides per driver hour. This KPI shows the average amount of sharing likely in the system. The decimal is indicative of the number of rides, or persons, per driver hour.
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Attachment C
$0.00
$50.00
$100.00
$150.00
$200.00
$250.00
$300.00
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Average Cost Per Trip Subsidy
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Attachment D
Via Monthly Invoices Amount Farebox Trips Notes__________________ Cost per-trip

1. Install fee 1 $61,100 N/A N/A Pre-launch fees (per contract) N/A

2. Install fee 2 $61,100 N/A N/A Pre-launch fees (per contract) N/A

3. Oct 2019* $8,366.46 $144.65 105 *October 29, 2019 launch $79.68

4. Nov 2019 $72, 914.63 $1,529.35 1,978 $36.86

5. Dec 2019 $64, 493.55 $1,966.55 2,553 $25.26

6. Jan 2020 $73, 103.89 $3,271.49 3,848 $18.99

7. Feb 2020 $63,380.75 $7,765.48 3,951 $16.04

8. Mar 2020 $44,375.59 $4,537.36 1,877 County Stay-at-Home order 3/13/20 $23.64

9. Apr 2020 $24,634.55 $248.69 132 $186.62

10. May 2020 $18,721.24 $189.46 77 $243.13

11. Jun 2020 $17, 604.95 $303.47 109 $161.51

12. Jul 2020 $15,701.91 $314.02 163 $96.33

13. Aug 2020 $12,142.89 N/A 133 Service suspended 8/21/20 $91.30

14. Sep 2020 $3,125 Susp. fee 0 Cost per suspension agreement. N/A

15. Oct 2020 $3,125 Susp. fee 0 ………………………………………………… N/A

16. Nov 2020 $3,125 Susp. fee 0 ………………………………………………… N/A

17. Dec 2020 $3,125 Susp. fee 0 ………………………………………………… N/A

18. Jan 2021 $3,125 Susp. fee 0 ………………………………………………… N/A

19. Feb 2021 $3,125 Susp. fee 0 ………………………………………………… N/A

20. Mar 2021 $3,125 Susp. fee 0 ………………………………………………… N/A

21. Apr 2021 $3,125 Susp. fee 0 ………………………………………………… N/A

22. May 2021 $3,125 Susp. fee 0 Final suspension payment. N/A

23. Jun 2021 $0 0 N/A

24. Jul 2021 $0 0 N/A

25. Aug 2021 $0 0 N/A

26. Sep 2021 $0 0 N/A

27. Oct 2021 $21,729.26 $79.94 119 Re-launch on 10/19/21 $182.59

28. Nov 2021 $63,073.63 $576.45 488 $129.25

29. Dec 2021 $69,746.88 $507.15 472 $147.69

30. Jan 2022 $66,305.94 $1,294.60 520 $127.51
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Attachment D
Via Monthly Invoices Amount Farebox Trips Notes______________ Cost per-trip

31. Feb 2022 $56,961.02 $1,666.94 657 $86.69

32. Mar 2022 $73,694.57 $2490.45 1,049 $70.25

33. Apr 2022 $65,878.71 $2,121.03 1,077 $61.17

34. May 2022 $71,736.35 $2,670.53 1,274 $56.30

35. Jun 2022 $72, 652.11 $2,022.01 1,228 $59.16

36. Jul 2022 $61,933 $1555.86 1,129 $54.86

37. Aug 2022 $78,518.13 pending 2,012 $39.02
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Key Points of Interest
CalTrain / Rail Station
16 Total EVs
Cupertino (RED)

11.5 Sq Miles
Medical Center
Shopping Center
Business District
School & University
Santa Clara (GREEN / GREY)

8.5 / 15 Sq Miles (Phase I / II)
Attachment E
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CITY OF CUPERTINO
Agenda Item
22-11355 Agenda Date: 9/20/2022
Agenda #: 15.

Subject: Consider providing a Statement of City Council Support for the I-280/Wolfe Road Interchange Project and authorize the appropriation of $800,000 from the General Fund Capital Reserves as a 10% non-Measure B local match for the I-280/Wolfe Road Interchange Improvements Project

1. Provide a Statement of City Council Support for the I-280/Wolfe Road Interchange Project, and

2. Adopt Resolution No. 22-118 to approve budget modification 2223-239 increasing appropriations in the Capital Reserve by $800,000 for the transfer out of funds (429-90-001) and General Fund, budget 100-88-844 by $800,000 for a 10% non-Measure B local match for the I-280/Wolfe Road Interchange Improvements Project
CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Consider providing a Statement of City Council Support for the I-280/Wolfe Road Interchange Project and authorize the appropriation of $800,000 from the General Fund Capital Reserves as a 10% non-Measure B local match for the I-280/Wolfe Road Interchange Improvements Project.

Recommended Action

1. Provide a Statement of City Council Support for the I-280/Wolfe Road Interchange Project, and

2. Adopt Resolution No. 22-xxxx to approve budget modification 2223-239 increasing appropriations in the Capital Reserve by $800,000 for the transfer out of funds (429- 90-001) and General Fund, budget 100-88-844 by $800,000 for a 10% non-Measure B local match for the I-280/Wolfe Road Interchange Improvements Project.

Background
In anticipation of increasing traffic demands and the need for enhanced multi-modal connectivity along Wolfe Road across Interstate 280 (I-280,) in 2017 Valley Transportation Authority (VTA) completed a Project Study Report/Project Development Support (PSR/PDS) as part of the Project Initiation Document (PID) phase for the purpose of identifying alternatives for a new interchange on Wolfe Road at I-280. Following completion of the PID, VTA completed the Project Approval/Environmental Document (PA/ED) phase, resulting in a Project Report (PR) which was approved on November 2, 2020. The VTA is now moving forward on developing the final Plans, Specifications and Estimates (PS&E) and right-of-way acquisition which, in the absence of funding constraints, is anticipated to be completed in early 2023. The 95% PS&E was recently completed in February. Project bidding advertisement (pending funding) is slated for Spring 2023 with construction to begin Fall 2023.

On November 17, 2015, the City Council authorized the City Manager to execute a funding agreement with VTA to identify each organization’s respective obligations in regard to the project (Attachment A.) The funding agreement provided for a contribution of $1,200,000 from the City for completion of the PSR/PDS (comprised of a $1,000,000 203
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contribution from Apple and $200,000 from the Irvine Company.) Subsequent amendments to the funding agreement include the following actions:
 On May 2, 2017, the City Council authorized an amendment to the funding agreement to increase the City’s contribution to the project from $1,200,000 to $1,700,000, which included a one-time contribution of $500,000 from Cupertino Property Development II, LLC, developers of the Hyatt Hotel project at 10380 Perimeter Road.
 On February 20, 2018, the City Council authorized a second amendment to the funding agreement to increase the City’s contribution to the project from $1,700,000 to $1,960,000, to include a contribution of $260,000 from Apple in lieu of an improvement required by mitigation for the Apple Park campus development.
 On June 15, 2021, the City Council authorized a third amendment to the funding agreement to extend the term of the agreement from June 30, 2021, to December 31, 2022. No additional funding was requested or authorized as part of the third amendment.

Discussion
During the design phase of the project, it was identified that the existing sanitary sewer system belonging to the Cupertino Sanitary District within the project area was in conflict with the project design and needed to be relocated. As part of the project development process and Caltrans approval of the project, it was determined that an executed utility agreement for this utility relocation was needed. The utility relocation needed to take place in advance of construction of the project.

The Utility Agreement with the Cupertino Sanitary District in the amount of $6,999,619 was approved by the VTA Board at their August 4, 2022, meeting. This cost, in addition to unforeseen additional costs incurred during the project development phase, has resulted in a deficit of approximately $8,000,000, which is needed to complete preconstruction (utility relocation and right-of-way acquisition) phases.

The project is anticipated to be funded by a combination of VTA’s 2016 Measure B local funds and other funds as available. At their December 2, 2021, meeting, the VTA Board approved the 2016 VTA Measure B Fiscal Year (FY) 2022-2023 biennial budget, which allocated $85.2 million toward the project, bringing the total 2016 Measure B allocation for the project to $92.7 million. The total allocation for the project is now $94.66 million, including the $1.96 million contribution from the City, as described above. This contribution is credited toward Cupertino’s minimum 10% non-Measure B contribution and satisfies the current match requirement for the project through the project development phase. The total project cost is currently estimated at $120 million. 204
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Although sufficient Measure B funding is available to continue with sanitary sewer relocation and right-of-way acquisition activities, a 10% non-Measure B match is required for VTA to release the funding. VTA anticipates applying for Senate Bill (SB) 1 funds through the Local Partnership Competitive Program to cover this match and future project shortfalls. However, SB 1 funding is competitive and not guaranteed, additionally, funds would not become available until July 2023.

To maintain the momentum of the project, a 10% non-measure B contribution of $800,000 is presently needed to continue utility relocation and right-of-way activity, and complete project design on schedule by Spring 2023. Failure to maintain project momentum will likely have several negative consequences, including:
 Need for re-engagement of project stakeholders, such as Caltrans and VTA, including potentially further contributing to delay in project delivery;  Possible redesign work because of changes in design standards or Caltrans Design Review staff; and
 Increases in project costs.

Conversely, maintaining forward progress on the project has several significant advantages, including:
 Demonstrating continued City support for the project, which would further assist in increasing likelihood of outside funding; and
 Increasing likelihood of receiving SB 1 funding for the project to assist with nonMeasure B funding match requirements.

Staff recommends reserving $800,000 from the Capital Fund Capital Reserve to satisfy the 10% non-Measure B local match requirement to maintain project momentum, complete the project on schedule and satisfy Cupertino’s obligation as project sponsor.

In the event VTA is successful in securing SB 1 funding for the project, the $800,000 would be returned to the Capital Fund Capital Reserve.

A shortfall of approximately $25 million exists between the total project estimate of $120 million, and the available funding of $94.66 million. The VTA, in partnership with the City, continues to look for opportunities to fund this shortfall, with the most likely source being the SB 1 Local Partnership Competitive Program. In the event alternative funding sources are not successfully identified, further City fund allocations may be requested.

As project sponsor and direct beneficiary of project benefits, including congestion relief, improved circulation and enhanced safety, staff recommends that the City Council reaffirm their commitment to ensure the successful completion of the project. This can be achieved by acknowledging council support as part of the motion for the recommended action.

Sustainability Impact
N/A
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Fiscal Impact
An appropriation of $800,000 is being requested from the Capital Fund Capital Reserve (429-99-001) as a transfer out of funds. In addition, a corresponding increase in appropriations for the Transportation Traffic Engineering Budget (100-88-844) is recommended, this increase will be offset by $800,000 revenue as a transfer in from the Capital Fund Capital Reserve. The Capital Reserve has an estimated balance of $9.8 million. Should the transfer be approved, the estimated balance in the capital Reserve would be $9 million. In the event SB 1 or other funding sources are identified, these funds will be returned to the General Fund and there will be no fiscal impact. Staff will continue to look for developer contribution opportunities to offset or reimburse any General Fund Project contributions.
_____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Initial Funding Agreement 280-Wolfe
B – Draft Resolution
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FUNDING AGREEMENT

BETWEEN THE CITY OF CUPERTINO AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE 1-280/WOLFE ROAD INTERCHANGE IMPROVEMENTS PROJECT THIS AGREEMENT ("Agreement") dated JtXhuo. ~ 2.5 , 2016, for purposes of reference, is made and entered into by and between e CITY OF CUPERTINO, a municipal corporation of the State of California ("CITY"), and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law ("VTA"). Hereinafter, CITY and VTA may be individually referred to as "Party" or collectively referred to as "Parties".

I. RECITALS
A. CITY and VTA each recognize the need for modifications to 1-280/Wolfe Road interchange to relieve congestion and improve circulation in the City of Cupertino in the County of Santa Clara.

B. The Parties wish to set forth in this Agreement their respective obligations in regard to the modifications to the 1-280/Wolfe Road Interchange Improvements Project (PROJECT).

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows:

II. AGREEMENT

1. Scope of PROJECT. The scope of PROJECT includes, but is not limited to: (i) all necessary approvals required from any and all governmental or regulatory agency or entity, (ii) those planning and design activities necessary to complete the Project Initiation Document (PI D), Project Approval/Environmental Document (PAED) and the Plans, Specifications, and Estimates (PS&E).

2. CITY's Financial Contribution for PROJECT. CITY shall contribute initially to the PROJECT an amount not to exceed One Million Two Hundred Thousand ($1 ,200,000) dollars (hereinafter, "CITY's Contribution") towards the development and completion of the PID. Upon execution of the Agreement, VTA shall invoice CITY for the CITY's Contribution and, upon receipt, will deposit the CITY's Contribution into an interestbearing account. CITY shall pay to VTA the amount set forth in the VTA invoice within thirty (30) calendar days after receipt of invoice. CITY's financial contribution towards the PAED and PS&E activities will be subject to future negotiation and mutually agreed upon written amendment. CITY's contribution to the PROJECT shall solely be limited to the extent it receives funds received from third-parties including developers, property owners, or other applicants contributing to the traffic impact at this intersection.
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Attachment A
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3. Use of CITY's Contribution. VTA will use the CITY's Contribution and the interest earned thereon for allowable costs and expenses for the sole purpose of completing the PROJECT, as set forth in this Agreement.

4. CITY's Role in PROJECT. CITY is the sponsor of the PROJECT. During the term of the PROJECT, CITY shall provide CITY staff oversight of, and participation in, the PROJECT, and necessary and appropriate coordination with all departments of the CITY. The CITY shall provide timely reviews, comments, and approvals of PROJECT's documents submitted by VTA to CITY. CITY costs to administer and participate in PROJECT as described in this Agreement will not be allowable costs against CITY's Contribution.

5. VTA's Role in PROJECTS.
a. Tasks. VTA shall perform and/or be responsible for the following tasks to complete the PROJECT:
i. Serve as project manager for PROJECT;
ii. Coordinate with the State of California for its review and approval of PROJECT;
iii. Conduct a conceptual alternatives analysis for PROJECT; iv. Complete the Project Initiation Document (PID) work for PROJECT; v. Complete the Project Approval/Environmental Document (PAED) work for PROJECT subject to future funding;
vi. Complete the final design documents for PROJECT subject to future funding.

Costs and expenses to perform these tasks shall be considered allowable costs and expenses pursuant to this Agreement.
b. Consultants. VTA may retain design consultants to perform any of the functions listed in Section 5(a). VTA's administrative costs to procure and manage consultant agreements as well as the actual costs of such consultants shall be allowable costs pursuant to this Agreement.
c. Other Project Management Duties VT A shall include CITY staff as an active participant within VTA's project management process, hold periodic meetings as agreed upon by the project team(s) to assess the progress of development for PROJECT and address PROJECT issues as they arise. VTA shall also prepare regular reports on activity and progress of PROJECT for CITY. d. Project Cost Updates. VTA shall actively monitor actual expenditures for PROJECT to ensure that CITY's Contribution is used to pay for allowable PROJECT expenditures. If, at any time, planned PROJECT expenditures are projected to exceed the CITY's Contribution, VTA shall immediately notify CITY of such facts. The Parties shall then have the following options:
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i. Revise the PROJECT scope in accordance with the available funds, which revision can be accomplished only by written amendment mutually agreed upon by the Parties and approved by the CITY's City Council;
ii. Seek additional funding to complete scope of PROJECT by revision the CITY's Contribution to be accomplished only by written amendment to this Agreement;
iii. VTA may formulate and implement a strategy to continue the PROJECT to the satisfaction of the CITY'S Director of Public Works. iv. The Parties may terminate this Agreement which can be accomplished by either Party giving written notice to the other party of such termination consistent with Section 9 below.

6. Compliance with Governmental Requirements. VTA shall comply with all laws and regulations pertaining to the PROJECT.

7. Term of Agreement. This Agreement shall become effective upon full execution of the Agreement and shall remain in effect through December 31, 2020. The CITY's Director of Public Works or his designee and VTA's General Manager or her designee, each in his or her sole discretion, are authorized to extend the term of the Agreement for up to six (6) months after the initial termination date, without formal amendment of this Agreement. Any further extension of the term must be approved by the City Council and VTA Board.

8. Written Termination. In addition to termination pursuant to the terms of the preceding section, this Agreement may be terminated upon mutual written agreement of the Parties.

9. Refund of CITY's Contribution. Any balance of CITY's Contribution, including interest, if applicable, remaining after the first to occur of: (a) expiration of the term of this Agreement, or (b) termination of this Agreement in its entirety as provided in Sections 5.d.(iv) and 8 above, or (c) completion of PROJECT, less any amounts necessary to pay for eligible expenses incurred prior to the date of completion of PROJECT or the effective date of the expiration or termination of the Agreement, shall be refunded to the CITY. VTA shall refund to CITY such remaining balance, if any, within thirty (30) calendar days after the effective date of completion of PROJECT or sooner termination of the Agreement. For purposes of this Agreement a PROJECT shall be deemed complete only upon concurrence by both Parties of such completion.

10.Audit and Record Retention. CITY may audit the expenses incurred in the performance of this Agreement. VTA shall retain all records related to the PROJECTS for three (3) years after the completion of PROJECT. During this period, VTA shall make these records available within a reasonable time to the CITY for inspection upon request.

11. Parties' Representatives. The General Manager of VTA or the General Manager's 3 Cupertino 280-Wolfe Road Funding Agreement 12 16 vl
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designee is hereby made the representative of VTA for all purposes under this Agreement. The Director of the Public Works for CITY or the Director's designee is hereby made the representative of CITY for all purposes under this Agreement.

12.1ndemnification.
a. Neither VT A nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction associated with the PROJECT. In addition, pursuant to Government Code §895.4, CITY shall fully indemnify and hold VTA harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
b. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by VT A under or in connection with any work, authority or jurisdiction associated with the PROJECT. In addition, pursuant to Government Code §895.4, VTA shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of anything done or omitted to be done by VTA under or in connection with any work, authority or jurisdiction delegated to VTA under this Agreement.

13. No Waiver. The failure of either Party to insist upon the strict performance of any of the terms of this Agreement shall not be deemed a waiver of any right or remedy that either Party may have, and shall not be deemed a waiver of their right to require strict performance of all of the terms thereafter.

14. Notice. Any notice required to be given by either Party, or which either party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA:

To CITY:

Santa Clara Valley Transportation Authority
John H. Ristow, Director of Planning and Program Development 3331 North First Street, Bldg. B-2
San Jose, CA 95134-1906
City of Cupertino
Timm Borden, Director of Public Works
Department of Public Works
10300 Torre Avenue, Cupertino, CA 95014
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.
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15. Dispute Resolution. If a question arises regarding interpretation of this Agreement or its performance, or the alleged failure of a Party to perform, the Party raising the question or making the allegation shall give written notice thereof to the other Party.

The Parties shall promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediation or arbitration, may be pursued by mutual agreement. It is the intent of the Parties to the extent possible that litigation be avoided as a method of dispute resolution.

16. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter contained therein and supersedes all prior or contemporaneous agreements, representations and understandings of the Parties relative thereto.

17.Amendments. Future amendments to this Agreement shall be processed by mutual written agreement of the Parties. Unless otherwise provided herein, any amendments to this Agreement must be approved by the City Council and VTA Board. Whenever possible, notice to amend this Agreement shall be provided ninety (90) calendar days prior to the desired effective date of such amendment.

18. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.
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19. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. "CITY"
City of Cupertino
corporation
By:~----------'-- David Brandt
City Manager
APPROVED AS TO FORM:

By:

Colleen
cmru~ Winchester
~ City Attorney
fb/1/
Cupertino 280-Wolfe Road Funding Agreement 12 16 vl
Date: r/-z--~/h -- r-~ ----------
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Attachment B
RESOLUTION NO. 22-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL
YEAR 2022-23 BY APPROPRIATING, TRANSFERRING, AND

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment because the project is a micro transit service. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action of continuing an existing micro transit service would have no, or only a de minimis effect on the environment because the transit service provides shared rides to Cupertino and surrounding transit stations, reducing roadway congestion and 213
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Resolution No. __________________
greenhouse gas emissions. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20
th day of September 2022, by the following 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. __________________

EXHIBIT A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $800,000 $ - $ (800,000)
Special Revenue Fund $ - $ -
Capital Projects Funds $ - $ - $ -
Enterprise Fund $ - $ - $ -
Internal Service Fund $ - $ - $ -
Total Appropriation
Amendment All Funds
$800, 000 $ - $(800,000)
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CITY OF CUPERTINO
Agenda Item
22-11403 Agenda Date: 9/20/2022
Agenda #: 16.

Subject: Consider the Streetlight Transition Assessment Report Accept the Streetlight Transition Assessment Report
CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Consider the Streetlight Transition Assessment Report.

Recommended Action
Accept the Streetlight Transition Assessment Report.

Background
On March 16, 2021, the City Council introduced and conducted the first reading of Ordinance No. 21-2225 regarding Dark Sky and Bird-Safe Design (Dark Sky Ordinance) (codified as amended at CMC section 19.102.040.) On April 6, 2021, the City Council conducted the second reading and enacted the Dark Sky Ordinance confirming the City’s commitment to dark sky lighting goals and bird safety.

In response to the new Ordinance, the City of Cupertino prepared a Streetlight Transition Assessment Report for City streetlights, to verify if a transition from the existing street lighting fixtures to “dark sky” compliant Light Emitting Diode (LED) luminaires would meet the City’s needs. The purpose of this report was to confirm that a transition to LED fixtures would comply with “dark sky” requirements, would be cost effective due to the use of less power from more energy efficient fixtures, and to ensure the new fixtures would provide adequate visibility for vehicles and pedestrians.

Discussion
The City’s streetlight system is comprised of various fixture types, including Induction (IND,) High Pressure Sodium (HPS,) Metal Halide (MH,) and some LED. The Streetlight Transition Assessment Report indicates that a comprehensive transition to LED could provide a cumulative energy and maintenance cost reduction of nearly $2,000,000 over 20 years. The initial LED conversion cost of approximately $1,000,000, is accounted for in these savings. In addition, many of the City’s existing 3,000 luminaires are nearing the end of their useful life, which makes the transition timely. An LED conversion project would bring the City's streetlights into compliance with the Dark Sky Ordinance.

Next Steps
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Staff will move forward with project design, including environmental review, followed by project bidding and award. The City Lighting LED Improvements Project was included in the 2022/2023 Capital Improvement Program budget approved by Council and no budget appropriation is being requested at this time.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Ryan Do, Project Manager
Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachment:

A – Streetlight Transition Assessment Report
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Prepared by:

Jason Tanko
Chief Executive Officer
Tanko Streetlighting, Inc.
220 Bayshore Boulevard
San Francisco, CA 94124
Prepared for:

Ryan Do
Project Manager, Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
[email protected]
May 2022
Tanko Lighting
Copyright | All Rights Reserved
STREETLIGHT TRANSITION ASSESSMENT
FOR THE
CITY OF CUPERTINO, CA

ATTACHMENT A
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2 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT Table of Contents
Project Background ..........................................................................................................................................................3 Methodology ....................................................................................................................................................................3 Data Review.....................................................................................................................................................................3 Standards/Guidelines Review .........................................................................................................................................4 LED Streetlight Design Guidelines....................................................................................................................................6 Financial Analysis of LED Conversion ...............................................................................................................................7 Funding & Incentives.........................................................................................................................................................9 Ownership Transfer of Utility-Owned Fixtures................................................................................................................9 Recommendations...........................................................................................................................................................11 Appendices.....................................................................................................................................................................11 Appendix A – Financial Analyses & Assumptons ...........................................................................................................12 220
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3 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT

PROJECT BACKGROUND
Tanko Lighting was engaged by the City of Cupertino to develop an assessment of a potential Light Emitting Diode (LED) conversion and operational options related to the streetlight assets located within the City.

The City’s streetlight system is currently primarily comprised of Induction fixtures (IND), as well as High Pressure Sodium (HPS), LED, and Metal Halide (MH). Additionally, a small portion of the fixtures are owned by the utility company, Pacific Gas & Electric (PG&E).

The City requested a scope of work that assists in reviewing the existing streetlight data and standards, developing updated design guidelines for an LED streetlight system, and providing a financial analysis for converting the City-owned streetlights to LED.

METHODOLOGY
Tanko Lighting used the following methodology to complete this analysis:
• Existing Streetlight Data: Reviewed Cupertino’s GIS Light Poles records for a comprehensive understanding of the City’s streetlight system
• Inventory Analysis: Reviewed the City’s recent utility bills and utility inventories to determine the estimated current inventory.
• City Guidelines: Reviewed the existing Department of Public Work’s Streetlight Standard Details and Cupertino Municipal Code Chapter 19.102: Glass and Lighting Standards to familiarize with the City’s lighting standards and protocols. • Rate Analysis: Analyzed the current electricity rates and the potential new rates to calculate the estimated impact of converting to LED fixtures.
• LED Conversion Analysis: Developed budgetary estimates for the LED conversion based on average material costs, installation costs, and pricing in the City’s region.
• Maintenance Analysis: Estimated budget for the required maintenance services based on the nationwide industry standard of services and average pricing in the region for LED. • Ownership Analysis: Evaluated the difference in energy and maintenance costs if the City were to purchase a subset of streetlights currently on PG&E’s LS-1 rates.

DATA REVIEW
Tanko Lighting compared the City’s existing PG&E streetlight inventory, as well as the City’s GIS Light Pole records, with its standard list of streetlight attributes (typically collected during its streetlight field audits) to determine if any information was missing that would be critical to the subsequent stages of the project.

Based on a review of a subset of the City’s data for cobra head streetlights, Tanko Lighting concluded that the data appeared to be spatially accurate. In addition, the data appeared to cover the entire City and included useful fields, such as unique identification number, latitude/longitude coordinates, pole number, lamp type, wattage, fixture type, feed type, pole material, length of arm, pole base configuration, number of heads on pole, photocell or shorting cap, ownership, maintainer, and rate schedule.

However, it was also determined that, while decent, the existing data is insufficient if the City were to proceed with a comprehensive LED replacement design of the fixtures for the following reasons:
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4 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT • Confirmed Quantities: Although the data appears to cover the entire City, Tanko Lighting cannot confirm with certainty the quantity of lights in the City.
• Accuracy of Existing Conditions: The existing data does not include any information on existing conditions, such as any visible issues like pole leaning, fixture damage, tree obstructions, etc., which are critical to properly preparing for an LED conversion.
• Lack of Existing Elements Informing Design: Important fields missing in the City’s data that are vital to the LED replacement design process include: pole distance to street, street width, street design/configuration (e.g., cul-de-sac, intersection, crosswalk, bridge, roundabout, etc.), arm angle, and shields. • Verification of Pole Numbers: An LED conversion typically involves an analysis of existing pole numbers and labels to verify complete pole numbers/labels and confirm locations where numbers/labels are damaged or missing. Not only is this necessary for LED replacement design and installation implementation, but also for accurately reconciling existing data with utility records – which is a necessary part of preparing for an LED conversion. • Decorative Fixtures: While the City’s data currently classifies decorative fixtures as “ornamental”, there are no photos, base size measurements, subclassifications (e.g., post top or pendant), or internal clearance measurements of these existing fixtures in the City’s data. This information is necessary if decorative fixtures are included in an LED conversion because they are non-standard and typically require custom retrofits.

While the City’s existing data was useful to prepare this analysis, the collection of additional information may be necessary prior to an LED conversion.

STANDARDS/GUIDELINES REVIEW
Tanko Lighting utilizes Illuminating Engineering Society (ANSI/IES) RP8 standards when designing for roadways and rights-ofway. Additionally, Tanko Lighting utilizes Trade Manual 12-12 for direction on light level equivalencies between IND and LED fixtures, and maintains a working knowledge of all the latest publications and updates in the market. In Tanko Lighting’s experience, guidelines should either define spill light and sky glow limitations or require specific luminaire optics.

With this in mind, Tanko Lighting reviewed the City’s existing streetlight standards, including the Department of Public Work’s City of Cupertino Standard Details and the Cupertino, CA Municipal Code Chapter 19.102: Glass and Lighting Standards. Based on current industry standards and best practices, Tanko Lighting recommends the following revisions to the City’s confirmed guideline priorities and standards:

Department of Public Work’s City of Cupertino Standard and Details:

Tanko Lighting recommends revising the Cupertino Lighting Notes (page 68) to reference LEDs in lieu of IND lighting. • The City standard should be revised from IND to LED. Typical wattages should be revised to 20W-30W (3,000 lumens) on residential roads, 40W-50W (4,000-5,000 lumens) on collector roads, and 65W-85W (8,000-9,000 lumens) on arterial roads.
• The term “cut-off” should be removed, as this is a term specific to IND or HPS lighting. Instead, the City should require all lighting to be International Dark Sky (IDA)-approved. With this edit, all new fixture installations in the City will be required to follow the industry standard for sky glow limitations. • Whereas a typical IND fixture indiscriminately distributes light in all directions, an LED fixture directs light spread to where it is needed most – on the roadway. Thus, Tanko Lighting recommends the following LED distribution types: Type II for residential roads, Type III for arterial roads, and Type IV for cul-de-sacs/knuckles, with the assumption that the arm direction is perpendicular to the street.
• Streetlight arm length at a cul-de-sac should not differ from a streetlight on a standard street. The Type IV distribution, which is recommended for cu-de-sacs, emits light in a more circular pattern to match these specific types of roadways. 222
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5 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT While having a set standard arm length can be helpful, the streetlight head should generally be placed two feet from the face-of-curb (FOC).

Cupertino, CA Municipal Code Chapter 19.102: Glass and Lighting Standards:

The Glass and Lighting Standards of the Cupertino Municipal Code regulate design and construction of structures and accessory elements in all zoning districts to protect the natural environment, particularly enhancing bird safety and reducing light pollution.

Section 19.102.040 (Outdoor Lighting Requirements) sets submittal requirements and lighting standards for all outdoor lighting.

These standards apply generally to private development, however not necessarily to streetlighting in the public right-of-way.

However, Tanko Lighting found the following requirements to be applicable to streetlights and reflective of the current LED standard:
• Submittal Requirements: Projects subject to outdoor lighting regulations must submit the following information:

1. A site plan indicating the location of all outdoor lighting fixtures

2. A description of each lighting fixture. This description may include, but not be limited to, manufacturer’s catalog cuts and drawings (including sections if requested), lamp types, and lumen outputs.

3. For new streetlight installations, photometric plans, prepared, stamped and signed by a licensed professional engineer or someone qualified in outdoor lighting, depicting the location of all outdoor lighting fixtures and buildingmounted lighting fixtures and a maximum ten-foot by ten-foot grid of both the initial and maintained lighting levels on the site.
• Outdoor Lighting Standards:

1. All outdoor lighting shall be fully shielded fixtures, directed downward to meet the particular need and away from adjacent properties and rights-of-way to avoid light trespass.

2. Illumination Levels
a. No exterior light, combination of exterior lights, or activity shall cast light exceeding zero point one (0.1) foot-candle onto an adjacent or nearby property.

3. All light sources shall have a maintained correlated color temperature of 3,000 Kelvin or less.

In addition to the City’s current Outdoor Lighting Requirements listed above, Tanko Lighting recommends the following revisions to the Code to incorporate more specific standards for streetlighting in the public right-of-way:
• Update the Submittal Requirements so that streetlight installations are required to:
o Be Design Lights Consortium (DLC) listed and/or Energy Star qualified o Be International Dark Sky (IDA)-approved
o Have a dimmable driver
o Have a color rendering index of 70 or better
o Have aluminum housing
o Include a seven-pin photocell receptacle
• Update the Outdoor Lighting Standards so that streetlights have:
o Recommended Backlight, Uplight and Glare (BUG) Rating: A luminaire is assigned a BUG rating, based on its lumen output in the various Backlight, Uplight and Glare (BUG) zones. A BUG rating may be used to evaluate luminaire optical performance related to the potential for light trespass, sky glow, and high-angle brightness control. Tanko Lighting recommends a minimum BUG rating of B1 U0 G1 for residential areas, B1 U0 G2 for collector areas, and B2 U0 G2 for arterial areas.
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6 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT o Lumen Standard: Tanko Lighting recommends 3,000 lumens in residential areas, 4,000-5,000 lumens in collector areas, and 8,000-9,000 lumens in arterial areas.
o Recommended Spacing: Light uniformity and coverage are the key principals when it comes to determining exact pole spacing. In general, streetlights should be spaced approximately 150-200 feet apart from each other. As stated in the Submittal Requirements, only for new streetlight installations, a photometric plan prepared by a professional engineer, or someone qualified in outdoor lighting is recommended to determine the exact spacing.

LED STREETLIGHT DESIGN GUIDELINES
When working on an LED design, Tanko Lighting uses the existing IND wattages to help guide the selection of replacement LED wattages. The goal is to avoid unnecessary lighting or light trespass into residences and keep light levels in the right-of-way consistent with existing light levels. This process yields a City-wide standard design that will create uniform and predictable light levels.

The City is comprised of numerous neighborhoods. There are a mix of residential, collector, and arterial roads – and multiple arterial roads with special lighting considerations. As such, Tanko Lighting recommends three approximate wattage levels for the LED replacement cobra head fixtures: residential (20W-30W), collector (40W-50W), and arterial (65W-85W). Please find a comparison of these recommendations with the existing IND fixtures, in Table 1, below.

Table 1
Comparison of Recommended LED Wattages with IND Wattages Street
Classification IND IND Lumens LED LED Lumens
Residential 40-55W 2200-3000 Low (20-30W) 3000
Collector 85W-100W 4800-8000 Medium (40-50W) 4000-5000
Arterial 120-150W 8500-10900 High (65-85W) 8000-9000
In Tanko Lighting’s experience, a critical initial step in proper design involves photometric analysis, which is an examination of the distribution or “spread” of light from the fixture onto the ground. Unlike IND or HPS fixtures, which indiscriminately throw light in all directions, LEDs intentionally direct the light to where it is need most – on the roadway. During a granular LED design, a consultant would not only review photometric readings, but also consider multiple attributes for each location, such as road width, crosswalks, intersections, and arm angle, before selecting a distribution type. For the City, Tanko Lighting recommends three optic types:
• Type II: Type II distribution would be used for narrower streets or those where buildings have small setbacks from the road. This reduces the chances of light trespass into residences. • Type III: Type III distribution would be used for wide roads or large areas with isolated lights. This allows light to adequately cover traffic lanes, sidewalks, and highlight other important features in the public right-of-way. • Type IV: Type IV distribution would be used for cul-de-sac, 45-degree intersections, or areas such as parking lots. The Type IV distribution emits light in a more circular pattern to match these types of roadways.

These wattage and distribution guidelines are general indicators of good design. However, it should be noted that a proper and comprehensive design conducted at a granular level is critical for the City to prepare for a successful LED conversion. During a granular LED design:
• A consultant works with the City to select a fixture that best meets the design criteria and the City’s preferences. Tanko Lighting is aware that the City has been installing CREE Lighting RSWS fixtures in 2700K, which complies with Tanko Lighting’s design recommendations and guidelines (e.g., correlated color temperature less than 3000K, DLC listed, and IDA approved). However, Tanko Lighting recommends the City consider additional brands and models of LED streetlights. 224
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7 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT In Tanko Lighting’s experience, municipalities have seen the most success with such manufacturers as Cooper, Philips, GE, and AEL.
• A consultant develops specific recommendations for decorative lights, including retrofit options, that would be more cost effective and maintain existing aesthetics than full head replacements. This process would include a review of each location, wattage, style, purpose, and existing housing to select replacement options (both retrofit and full head replacement).

FINANCIAL ANALYSIS OF LED CONVERSION
Tanko Lighting analyzed the financial impacts of the City shifting from the status quo of its current streetlight system and proceeding with the LED conversion of its streetlights. Please find the results of this analysis in Table 2, as well as the subsequent Graphs 1, 2 and 3, below. This analysis assumes a federal inflation rate of 4% and energy cost inflation rate 1%. The analysis included the following assumptions and data points:
• The estimated cost of the City collecting the necessary data, completing a LED design, as well as procuring and implementing activities for the LED conversion of the City’s existing 2,963 City-owned IND, HPS, and MH streetlights on PG&E’s LS-2 rates.

Please see Appendix A: Financial Analysis & Assumptions for detailed results.

Please note that, in addition to the LED conversion, the City has the option of purchasing the remaining 374 streetlight fixtures currently on PG&E’s LS-1rate – please find more information on this option in the Ownership Transfer of Utility-Owned Fixtures section, below.

Table 2
Financial Analysis of LED Streetlight Conversion of the City-Owned Lights Estimated LED
Conversion Cost
Net 20 Year Savings
(Energy + Maintenance Savings - LED
Conversion Cost)
Payback Period
$1,050,046 $1,891,098 8.02 years
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8 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT The blue bar in Graph 1 represents the existing system costs for the City-owned streetlight fixtures and the orange bar represents the energy costs for the next 20 years once all the City-owned streetlight fixtures are converted to LED. Graph 1 depicts the energy savings of the LED conversion of the City-owned streetlights.

Graph 2 represents the cumulative costs (energy, system, and maintenance) for the next 20 years for both the existing Cityowned streetlighting system and fully converted City-owned streetlighting system. The intersection of the two lines represents the return on investment.
$-
$50,000
$100,000
$150,000
$200,000
$250,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Year
Graph 1
LED Conversion of the City-Owned Lights
Annual Energy Costs
Existing New
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Year
Graph 2
LED Conversion of the City-Owned Lights
Cumulative Annual Costs
Existing New
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9 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT Graph 3 represents the cumulative opportunity costs the City would incur by delaying the City-owned streetlighting system conversion to LEDs.

FUNDING & INCENTIVES
The most common incentive for municipal streetlight projects is utility-sponsored rebates. However, based on Tanko Lighting’s understanding, there are currently zero rebates available through PG&E corresponding to an LED streetlight conversion. Thus, incentives were not included in the financial analysis of the LED conversion.

There may be other, non-utiity incentives and financing available to the City for this project, including third-party private financing.

OWNERSHIP TRANSFER OF UTILITY-OWNED FIXTURES
In addition to an LED conversion of the City-owned fixtures, the City can also alter the status quo of its existing streetlight system by purchasing the remaining 374 PG&E-owned fixtures currently on LS-1 rates from PG&E and converting the remaining 5 HPS fixtures in this group to LED fixtures.

There are a variety of benefits if this City pursues this option, including:

1. Lower streetlight energy rates for the City.

2. Lower maintenance costs for the City.

3. Improved response time for repairs. Note that the most common complaint from municipalities with utility-owned systems is that maintenance response timelines are slow, and the infrastructure is not well maintained. While the utility will still play a role in the overall health of the system, the City will be able to dispatch its maintenance contractor at the pace that it determines is best to address repair issues.

4. Standardization and control of the lighting levels and coverage throughout the City’s roadways.

With this option, the City would:
• Transfer all streetlights to the LS-2 City-owned electricity rate for the streetlight system. • Upon completion of the LED conversion of the 5 HPS streetlights, transfer to an LS-2 LED fixture electricity rate for the streetlight system. The LS-2 rate for a converted LED will be lower than that of the previous HPS streetlight. $-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Month
Graph 3
LED Conversion of the City-Owned Lights
Cumulative Opportunity Costs
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10 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT • Maintain the entire system via City staff or a qualified contractor. • Explore and employ smart systems management and explore third party attachments (with possible revenue generation opportunities for the City) on the entire streetlight system.

Table 3 and Graph 4 (below) outline the estimated energy costs of the existing PG&E-owned fixtures, compared with the energy costs if these fixtures were purchased by the City and converted to an LS-2 rate. This analysis assumes a federal inflation rate of 4% and energy cost inflation rate 1%. Please see Appendix A: Financial Analysis & Assumptions for detailed results.

Table 3
Ownership Energy and Maintenance Costs/Benefits
Existing Annual
Energy and
Maintenance Cost
New Annual
Energy and
Maintenance Cost
Annual
Savings 20 Year Savings % Annual Savings
$45,233 $16,423 $28,810 $579,606 64%
The blue bar in Chart 4 represents the existing system on the LS-1 rate, and the orange bar represents the estimated energy for the next twenty years for the 374 existing LS-1 PG&E-owned streetlights, if there were acquired by the City (transferred to the LS-2 City-owned rate), and converted to LED.
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Year
Graph 4
Ownership Transfer of Utility-Owned Lights
Annual Energy Costs
Existing New
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11 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT Graph 5 represents the cumulative costs (energy, system, and maintenance) for the next 20 years for both the existing LS-1 PG&E-owned streetlights and the existing LS-1 PG&E-owned streetlights, if there were acquired by the City (transferred to the LS-2 City-owned rate), and converted to LED. The intersection of the two lines represents the return on investment.

RECOMMENDATIONS
Based on the assessment, Tanko Lighting offers the following recommendations:

1. Update the City’s standards and guidelines per the recommendations provided in the Standards/Guidelines Review section of this report.

2. Pursue design and implementation of an LED conversion for the City-owned streetlight fixtures. LED conversion is a costeffective option for the City, with the potential to save the City over the next twenty years an estimated 50% on its energy bills, or approximately $1,891,098.

3. Consider pursuing an ownership strategy to purchase the remaining streetlight fixtures currently on PG&E’s LS-1 rates, which would result in an additional $579,606 in savings over the next twenty years.

APPENDICES
Appendix A – Financial Analyses & Assumptions
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Year
Graph 5
Ownership Transfer of Utility-Owned Lights
Cumulative Annual Costs
Existing New
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12 CITY OF CUPERTINO, CA | STREETLIGHT TRANSITION ASSESSMENT APPENDIX A – FINANCIAL ANALYSES & ASSUMPTONS
Assumptions
The following list of assumptions were made to determine the results for this report:
• LED conversion scope of work consists of the following tasks:
o Audit
o Data reconciliation
o LED replacement design
o Financing options
o Materials procurement
o Community outreach and notification
o Logistics management
o Installation
o Pole Labeling
o Commissioning
o Tariff change coordination
o Final reporting
• Ownership support scope of work consists of the following tasks:
o Certified appraisal
o Ownership negotiations
o Final ownership transfer support
• Materials
o Reputable fixture manufacturers and recent fixture pricing o Photocells
o Pole Tags Labels (assumes 5% of the system will require a new pole label) • Labor
o Per fixture installation rates from qualified electrical workers in the region (budgetary) o Included labor to install fixture, photocell, and any required ancillary materials • Utility
o Existing rate:
▪ PG&E LS-1 and LS-2
o Municipal owned rate:
▪ PG&E LS-2
• Quantities
o Derived from PG&E’s inventory
• Preliminary watt-for-watt design replacement of existing fixtures o 20% ballast factor applied to high intensity discharge (HID) wattages • Federal Inflation Rate: 4%
• Energy Cost Inflation Rate: 1%
o Note that this is a conservative estimate and can reach about 3% • Sales Tax Rate: 9.13%
• Estimated Acquisition Cost: $200 per fixture
• 10-year fixture manufacturer warranty on streetlight fixtures • Maintenance program costs
o $2/pole/month administrative fee for the existing LS2 system comprised of a majority of IND fixtures o $1.25/pole/month administrative fee for a converted LS2 system comprised of LED fixtures o T&M repair work (based on qualified electrical workers in the region (budgetary)) o Emergency costs assumed recuperated through insurance o Average call-out frequency, hourly pricing, and batched responses Financial Analysis
Please see subsequent pages.
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Financial Analysis of the LED Conversion of City‐Owned Streetlight System May 2022
Total Cost (City Owned LED Conversion)
20 Year Savings
Net 20 Year Savings (20 Year Savings ‐ Total Cost) $1,891,098 Payback Period (Energy Savings Only) 10.86 years
Payback Period (Energy + Maintenance Savings) 8.02 years LED Conversion Cost (estimated costs for turnkey services, including labor/material) $1,050,046 Year 1 Analysis Existing New Savings
Energy Usage Cost $170,371 $78,400 $91,972
Maintenance Cost $72,312 $36,156 $36,156
Total $242,683 $114,556 $128,128
20 Year Analysis Existing New Savings
Energy Cost $3,751,409 $1,726,279 $2,025,129
Maintenance Cost $2,153,312 $1,237,297 $916,015
Total $5,904,721 $2,963,576 $2,941,145
Assumptions
Quantity of Lights Included in Analysis 3,013
Quantity of Lights to be Converted 2,963
Quantity of Lights to be Audited 3,387
Tariff Rate of Old System LS2
Tariff Rate of New System LS2 ‐ Converted to LED
Project Overview
$1,050,046
Project Costs
$2,941,145
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Existing New Savings Existing New Costs/Savings
1 $ 170,371 $ 78,400 $ 91,972 $ 72,312 $ 36,156 $ 36,156 2 $ 172,075 $ 79,184 $ 92,892 $ 75,204 $ 37,602 $ 37,602 3 $ 173,796 $ 79,975 $ 93,821 $ 78,213 $ 39,106 $ 39,106 4 $ 175,534 $ 80,775 $ 94,759 $ 81,341 $ 40,671 $ 40,671 5 $ 177,289 $ 81,583 $ 95,706 $ 84,595 $ 42,297 $ 42,297 6 $ 179,062 $ 82,399 $ 96,663 $ 87,979 $ 43,989 $ 43,989 7 $ 180,853 $ 83,223 $ 97,630 $ 91,498 $ 45,749 $ 45,749 8 $ 182,661 $ 84,055 $ 98,606 $ 95,158 $ 47,579 $ 47,579 9 $ 184,488 $ 84,895 $ 99,592 $ 98,964 $ 49,482 $ 49,482 10 $ 186,333 $ 85,744 $ 100,588 $ 102,923 $ 51,461 $ 51,461 11 $ 188,196 $ 86,602 $ 101,594 $ 107,039 $ 66,900 $ 40,140 12 $ 190,078 $ 87,468 $ 102,610 $ 111,321 $ 69,576 $ 41,745 13 $ 191,979 $ 88,343 $ 103,636 $ 115,774 $ 72,359 $ 43,415 14 $ 193,899 $ 89,226 $ 104,673 $ 120,405 $ 75,253 $ 45,152 15 $ 195,838 $ 90,118 $ 105,719 $ 125,221 $ 78,263 $ 46,958 16 $ 197,796 $ 91,019 $ 106,777 $ 130,230 $ 81,394 $ 48,836 17 $ 199,774 $ 91,930 $ 107,844 $ 135,439 $ 84,649 $ 50,790 18 $ 201,772 $ 92,849 $ 108,923 $ 140,857 $ 88,035 $ 52,821 19 $ 203,789 $ 93,777 $ 110,012 $ 146,491 $ 91,557 $ 54,934 20 $ 205,827 $ 94,715 $ 111,112 $ 152,350 $ 95,219 $ 57,131 Total $ 3,751,409 $ 1,726,279 $ 2,025,129 $ 2,153,312 $ 1,237,297 $ 916,015 Year Annual Energy Costs Annual Maintenance Costs
20 Year Savings Analysis of the LED Conversion of City‐Owned Streetlight System May 2022
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Financial Analysis of the Ownership Transfer of Utility‐Owned Streetlight System May 2022
Total Cost (City Owned LED Conversion)
20 Year Savings
Payback Period (Energy Savings Only) 6.6 years
Payback Period (Energy + Maintenance Savings) 7.6 years Ownership Cost (estimated cost to purchase the streetlights from the utility) $74,800 LED Conversion Cost (estimated costs for turnkey services, including labor/material) $151,378 Year 1 Analysis Existing New Savings
Energy Usage Cost $45,233 $11,935 $33,298
Maintenance Cost Included in current energy costs $4,488 ($4,488) Total $45,233 $16,423 $28,810
20 Year Analysis Existing New Savings
Energy Cost $995,979 $262,790 $733,190
Maintenance Cost Included in current energy costs $153,584 ($153,584) Total $995,979 $416,374 $579,606
Assumptions
Quantity of Lights Included in Analysis 374
Quantity of Lights to be Converted 5
Buyout Cost per Pole $200
Tariff Rate of Old System LS1
Tariff Rate of New System LS2
Project Overview
$226,178
Project Costs
$579,606
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Existing New Savings Existing New Costs/Savings
1 $ 45,233 $ 11,935 $ 33,298 $ ‐ $ 4,488 $ (4,488) 2 $ 45,685 $ 12,054 $ 33,631 $ ‐ $ 4,668 $ (4,668) 3 $ 46,142 $ 12,175 $ 33,967 $ ‐ $ 4,854 $ (4,854) 4 $ 46,603 $ 12,296 $ 34,307 $ ‐ $ 5,048 $ (5,048) 5 $ 47,069 $ 12,419 $ 34,650 $ ‐ $ 5,250 $ (5,250) 6 $ 47,540 $ 12,543 $ 34,997 $ ‐ $ 5,460 $ (5,460) 7 $ 48,015 $ 12,669 $ 35,347 $ ‐ $ 5,679 $ (5,679) 8 $ 48,496 $ 12,796 $ 35,700 $ ‐ $ 5,906 $ (5,906) 9 $ 48,981 $ 12,924 $ 36,057 $ ‐ $ 6,142 $ (6,142) 10 $ 49,470 $ 13,053 $ 36,418 $ ‐ $ 6,388 $ (6,388) 11 $ 49,965 $ 13,183 $ 36,782 $ ‐ $ 8,304 $ (8,304) 12 $ 50,465 $ 13,315 $ 37,150 $ ‐ $ 8,636 $ (8,636) 13 $ 50,969 $ 13,448 $ 37,521 $ ‐ $ 8,982 $ (8,982) 14 $ 51,479 $ 13,583 $ 37,896 $ ‐ $ 9,341 $ (9,341) 15 $ 51,994 $ 13,719 $ 38,275 $ ‐ $ 9,715 $ (9,715) 16 $ 52,514 $ 13,856 $ 38,658 $ ‐ 10,103 $ $ (10,103) 17 $ 53,039 $ 13,994 $ 39,045 $ ‐ 10,507 $ $ (10,507) 18 $ 53,569 $ 14,134 $ 39,435 $ ‐ 10,928 $ $ (10,928) 19 $ 54,105 $ 14,276 $ 39,829 $ ‐ 11,365 $ $ (11,365) 20 $ 54,646 $ 14,418 $ 40,228 $ ‐ 11,819 $ $ (11,819) Total $ 995,979 $ 262,790 $ 733,190 $ ‐ 153,584 $ $ (153,584) Year Annual Energy Costs Annual Maintenance Costs
20 Year Savings Analysis of the Ownership Transfer of Utility‐Owned Streetlight System May 2022
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CITY OF CUPERTINO
Agenda Item
22-11404 Agenda Date: 9/20/2022
Agenda #: 17.

Subject: Consider the summary vacation of a portion of a Public Utility Easement on the property located at 10778 Morengo Drive
Adopt Resolution No. 22-119, summarily vacating a portion of a Public Utility Easement on the property located at 10778 Morengo Drive
CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Consider the summary vacation of a portion of a Public Utility Easement on the property located at 10778 Morengo Drive.

Recommended Action
Adopt Resolution No. 22-____, summarily vacating a portion of Public Utility Easement on the property located at 10778 Morengo Drive.

Discussion
The applicant is an owner of the subject property and is proposing to expand and remodel the existing house on the property. During the initial design stage, the applicant discovered there was a 10’ wide Public Utility Easement (PUE) located along the southerly portion of the property and a portion of the existing house encroaches into the 10’ PUE.

The applicant submitted an application to vacate the unused portion of the PUE (Attachment A.) “Vacation” of the easement means that the City would terminate public utility companies’ rights over this portion of the property.

This vacation ensures the existing house and future additions to the house are not encumbered by the PUE, as a PUE must be kept open and free from buildings and structures. Staff determined that the proposed area for vacation does not currently contain any public utilities, that all concerned utility companies were contacted in writing, that they have no objections to the City vacating the easement, and that the easement is not needed for public purposes.

The easement may be summarily vacated under the Streets and Highway Code section 8333 if “the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation,” or alternatively, if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” Staff determined that the PUE has not been used for five consecutive years 236
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preceding this action and that there are currently no public facilities within the easement.

Adoption of the proposed Resolution (Attachment B) will allow the City to summarily vacate a portion of the PUE on the subject property. Upon recordation of this vacation, the PUE will be removed from the property and no further action regarding the vacation will need to be taken by the City Council.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Winnie Pagan, Senior Civil Engineer
Reviewed by: Chad Mosley, City Engineer/Assistant Director of Public Works Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Aerial Exhibit
B – Draft Resolution
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Attachment B
RESOLUTION NO.

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

SUMMARILY VACATING A PORTION OF A PUBLIC UTILITY EASEMENT ON A PROPERTY LOCATED AT 10778 MORENGO DRIVE
(APN 375-35-056)
WHEREAS, a 10’-foot wide public utility easement dedicated to public use presently exists on a property located at 10778 Morengo Drive (APN 375-35-056) in the City of Cupertino, as described in Exhibit A and shown in Exhibit B; and WHEREAS, subdivision (a) of Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and
WHEREAS, subdivision (c) of Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate the public utility easement as presented in the staff report, dated September 20, 2022, submitted to the City Council setting forth the reasons justifying the summary vacation of the public utility easement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that:

SECTION 1. The City Council hereby adopts the Resolution based upon all other evidence submitted, and makes the following findings:

1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and
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Resolution No.

2. The easement is determined to be excess, and there are no other public facilities located within the easement.

SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333(a) and 8333(c) of the Streets and Highways Code, the City Council does hereby order that the portion of public utility easement shall be and hereby is summarily vacated.

SECTION 3. The City Clerk is hereby directed to record at Santa Clara County Records this Resolution, including Exhibit A and Exhibit B attached hereto.

SECTION 4. The portion of public utility easement as described in Exhibit A and shown in Exhibit B will no longer constitute a Public Utility Easement from and after the date of recordation of the documents identified in Section 3 of this Resolution.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to summarily vacate a public utility easement would have no or only a de minimis effect on the environment because no physical changes to the environment are proposed. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of September, 2022, by the following vote:

Members of the City Council
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Resolution No.

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Darcy Paul, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
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EXHIBIT "A"

LEGAL DESCRIPTION

PORTION OF PUBLIC UTILITY

EASEMENT TO BE VACATED

CITY OF CUPERTINO, CALIFORNIA
(AFFECTING APN: 375-35-056)
The following describes a parcel of land situate within the City of Cupertino, County of Santa Clara, State of California, being a portion of Lot 132 as shown on TRACT 1287, filed for record on April 27, 1954, in Book 48 of Maps at pages 46-47, Santa Clara County Records, more particularly described as follows:

Commencing at the southwesterly comer of said Lot 132, said point being the TRUE POINT OF BEGINNING of this description; thence easterly along the southerly line of said Lot 132 1) South 87°37' 19" East 107.48 feet to the westerly line of a 5 feet wide Public Utility Easement as shown on said TRACT 1287; thence northeasterly along said westerly line 2) North 30°22'37" East 11.33 feet; thence leaving said westerly line along a parallel line situated 10 feet perpendicular to said southerly line of Lot 132 3) North 87°37'19" West 107.96 feet to the easterly line ofMorengo Drive (60' R/W), said point also being the westerly line of said Lot 132; thence along said easterly line of Morengo Drive
4) South 28°10'10" West 11.11 feet to the TRUE POINT OF BEGINNING Containing 1,077 square feet of land, more or less.

The bearings used are based on aforesaid TRACT 1287, filed for record on April 27, 1954, in Book 48 of Maps at pages 46-47, Santa Clara County Records.

EXHIBIT "B" is attached hereto and made a part hereof.

SURVEYOR'S CERTIFICATE
I hereby certify that this description was prepared by me or under my direct supervision and is accurate to the best of my knowledge and belief.

Date
Pg. 1 of 1
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EASEMENT AREA TO BE VACATED
AREA= 1,077 SQ. FT. +/-
NOTES

ALL DIMENSIONS SHOWN ARE IN

FEET AND DECIMALS THEREOF
LEGEND

SUBJECT PROPERY LINE
--- --· EXISTING EASEMENT PER R1
(SHOWN IN HATCH)
- - - CENTERLINE
- ··· - - PROPERTY LINES

R/W RIGHT OF WAY

APN ASSESSORS PARCEL NUMBER

TPOB TRUE POINT OF BEGINNING
R1 TRACT 1287
(48-MAPS-46 & 47)
P.U.E. PUBLIC UTILITY EASEMENT
I
P.U.E. TO BE VACATED

PER THIS DOCUMENT
.....
......
-
.....
.....
......
.....
.....
......
........
........
........

LU
z
I :5
V')
LU
0 10 20 40
SCALE 1 "=20 Feet
\
V')
0 z
:5
SHEET 1 OF 1 EXHIBIT "B"

PLAT TO ACCOMPANY LEGAL
DESCRIPTION FOR P.U.E. VACATION

SANTA CLARA COUNTY CALIFORNIA
M&N CONSULTING SERVICES, INC.

PROFESSIONAL LAND SURVEYING SERVICES
322 N. 18TH STREET, SAN JOSE, CA 95112
[email protected]/(669)222-1911
DRAWN BY: RAM
DATE: 08-02-2022
SCALE: 1" = 20'
10778 MORENGO DR.dw
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CITY OF CUPERTINO
Agenda Item
22-11215 Agenda Date: 9/20/2022
Agenda #: 18.

Subject: Update on the Status of the Research from the City Council Subcommittee Meetings for the Cupertino Community Funding Grant Program
Receive an update on the status of the research from the City Council subcommittee meetings for the Cupertino Community Funding Grant Program and provide direction on next steps.

Presenter: Rachelle Sander, Acting Director of Parks and Recreation CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Update on the Status of the Research from the City Council Subcommittee Meetings for the Cupertino Community Funding Grant Program
Recommended Action
Receive an update on the status of the research from the City Council subcommittee meetings for the Cupertino Community Funding Grant Program and provide direction on next steps.

Discussion
Background
Through the Community Funding Grant Program, the City of Cupertino has been awarding funding to local non-profit organizations in the areas of social services, fine arts and other programs for the general public since 2013. Historically, City Council determined the organizations to be awarded funds through the Community Funding Grant Program. On June 5, 2018, City Council directed City staff to update the policy and process in which community funding updates were shared with the Parks and Recreation Commission first before presenting recommendations from the commission to City Council.

The current Community Funding Grant Program process consists of a January to February application period. City staff then review the received applications for completeness and compliance eligibility. The applications are presented to the Parks and Recreation Commission in March and April, where commissioners can evaluate and discuss the applications, and make a recommendation to the City Council. City Council will consider the Community Funding Grant requests at their Budget Study Session in May and make the final decision on grant amounts for each applicant as part of the budget adoption which typically happens in June. After the final budget is adopted, City Staff coordinates funding agreements with the awarded organizations. On July 15 of the following year, grant recipients submit a written report to the Parks and Recreation Department to show proof grant funds have been spent in the manner and for the purposes stated on the application.
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The Community Funding Grant Policy (Attachment A) established a range of $70,000 to $90,000 in total available funding per year with awards not exceeding $20,000 per applicant, per year. For Fiscal Year 2022-2023, $69,461 was approved for the Community Funding Grant Program. Below is a breakdown of the City’s previously awarded funds through the Community Funding Grant Program:

FY 2017-2018: $52,400
FY 2018-2019: $52,400
FY 2019-2020: $109,800
FY 2020-2021: $110,000
FY 2021-2022: $115,900
FY 2022-2023: $69,461
At the June 4, 2021, City Council Special Meeting, Council voted to form a Council Subcommittee comprised of Vice Mayor Chao and Councilmember Moore to review the Community Funding Grant Program evaluation process and procedures for the upcoming funding cycle in the next calendar year. On March 9, 2022, City Staff met with the Council Subcommittee and was given guidance to research specific items and bring an update to City Council (Attachment B). Staff has prepared a historical funding report on the allocation of program funds during FY 2018-2023 (Attachment C & D), compiled a comparative analysis of other community funding programs within Santa Clara County (Attachment E), reviewed the General Plan Guiding Principles for additional eligibility criteria (Attachment F), categorized the most recent awarded recipients (Attachment G), and provided clarification on additional eligibility and evaluation criteria during the Community Funding Grant process.

To receive funding through the Community Funding Grant process, applicants need to meet the following eligibility criteria from the Policy:
- Be made or sponsored by a 501(c)(3) non- profit organization with experienced members capable of implementing and managing the program/project/event. - Identify how the funds will be used to benefit the Cupertino community. - Be awarded only once per project.
- For specific needs, not ongoing, operational costs.
- Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
- Be complete and submitted by the application deadline.

An option for eligibility criteria may be to require applicants to submit programs/projects/events that coincide with at least one of the General Plan Guiding Principles. It may also make the policy clearer to omit the most confusing eligibility criteria: Be awarded once per project.

Moving forward upon City Council direction, City Staff will update the Community 246
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Funding Grant Policy in addition to eligibility requirements, evaluation criteria, and the City webpage.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If City Council approves to continue allocating funding to the Cupertino Community Funding Grant Program, this will be included in the annual budget for FY 2023-24. ________________________________________________________ Prepared by: Jacinta Liang, Management Analyst
Reviewed by: Rachelle Sander, Acting Director of Parks and Recreation Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Community Funding Grant Policy
B – Questions from Community Grant Subcommittee
C – Historical Funding Report (FY2018-2023)
D – Funding and Services Organizations Received (FY2018-2023) E – Comparative Analysis – Santa Clara County Community Grant Programs F – General Plan Guiding Principles
G – Community Funding Recipients by Proposed Categories (FY2021-2023) 247
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Fiscal Policies – Community Funding Grant Policy

PURPOSE
The City of Cupertino currently provides funding to local non-profit organizations in the areas of social services, fine arts and other programs for the general public. The policy provides a framework for the City's Community Funding Grant Program and guides the administration of the program and decision-making process. It also provides guidance on key aspects of the City's Community Funding Grant Program processes including: Eligibility, Evaluation Criteria, Restrictions/Guidelines, and Procedure.

SCOPE
All requests for funding must comply with this policy.

POLICY
The City has established the Community Funding Grant Program, subject to availability of funds, with a range of $70,000 to $90,000 in total funding available. Community Funding Grants shall not exceed $20,00 per applicant, per year. City Council will determine the organizations to be awarded funds through the Community Funding Grant Program. City Staff shall review applications for completeness and review the qualifications and accuracy based upon the eligibility criteria set forth below. In all cases, the City reserves the right to reject any and all applications in the event staff identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, for any reason, at any time.

Eligibility
To receive consideration for a Community Funding Grant, grant requests must:
• Be made or sponsored by a 501(c)(3) non-profit organization with experienced members capable of implementing and managing the program/project/event. • Identify how the funds will be used to benefit the Cupertino community. • Be awarded only once per project
• For specific needs, not ongoing, operational costs.
• Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
• Be complete and submitted by the application deadline.

Evaluation Criteria
• Impact on and benefit to the Cupertino community
• Community need for the program/project/event
• Alignment with City mission and values
• Uniqueness of the program/project/event
• Qualifications and experience of the organization and its members • Reasonable cost
• Demonstrated effort to secure funding from other sources and/or establishing 248 CC 09-20-2022
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partnerships with other community or city organizations • Clarity, completeness, and accuracy of grant application • Past performance and compliance with requirements if a recurring applicant Applications will be sorted into two categories:
• New applicants
• Past recipients
Applications in each category will be evaluated using a tiered structure based on the dollar amount requested for award as follows:
• < $999.99
• $1,000.00 - $4,999.99
• $5,000.00 – $9,999.99
• $10,000.00 - $20,000.00
Restrictions/Guidelines
• An organization that is applying for multiple grants shall only submit one application. • Proceeds generated from the funded activity may only be used for the conducted activity. • If requested, recipients must provide full financial statements for the organization. • Admission to or participation in the event must be "free of charge" for Cupertino residents unless stated in the application and approved by Parks & Recreation Commission.
• If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the Parks and Recreation Department for a Grant application to be reviewed in accordance with this policy.
• Grantrecipients shall acknowledge the City contribution in formal promotional materials and efforts related to the funded activity. Any use of the City logo must be approved by the City’s Communications Officer.

Procedure

1. Applicants submit timely and complete grant applications by February 1.

2. City Staff reviews application for completeness and compliance eligibility.

3. Applications will then be forwarded to the Parks and Recreation Commission to be evaluated and sorted into the tiered funding structure. All applicants will be notified and invited to attend the Parks and Recreation Commission Meeting where their applications will be discussed. This meeting typically takes place in Spring.

4. City Council will make the final decision on grant amounts for each applicant as part of the budget adoption which typically happens in June. All applicants will be notified and invited to attend the City Council Meeting where their applications will be discussed.

5. Grant recipients shall submit a written report to the Parks and Recreation Department to show proof that the grant funds have been spent in the manner and for the purposes stated on the application, including information about the number of persons servedand 249 CC 09-20-2022
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other results that benefit Cupertino.
o Due by the 15th business day of July following the Fiscal Year in which grant funds are disbursed.
o Failure to submit a written report by the July deadline could result in the loss of grant funding eligibility in the future.
o Applicants will be expected to reimburse the City any funding awarded and not used for their program/project/event.
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From: Kitty Moore <[email protected]>
Sent: Wednesday, March 9, 2022 5:27 PM
To: Joanne Magrini <[email protected]>; Rachelle Sander <[email protected]> Cc: Liang Chao <[email protected]>
Subject: Community Grant Subcommittee
Hi Joanne and Rachelle,
Thank you for the meeting today and thank you so much for working on this! Here is a brief summary of thoughts/requests:
• Please provide a comparison of what surrounding cities do for their grant programs o looking at Sunnyvale, they have a Community Events Grant Program, which provides some policy in the title: it is for events, so we may want to stick to events specifically (as opposed to maintenance/improvements of Deer Hollow Farm, which is not an event) o website: https://sunnyvale.ca.gov/services/customers/affordability/citygrants.htm o Please also look at Saratoga for ideashttps://www.saratoga.ca.us/301/Community-EventGrants ▪ they appear to have some accounting requirements, do we have these? ▪ they have a separate street closure grant which sounds interesting ▪ their eligibility criteria may have some parts to draw upon as well • possibly categorize the most recent types of events/projects with some attributes such as ages, location, food, art, music etc. whatever categories make sense • using the General Plan Guiding Principles in the GP Introduction as the basis for what kinds of projects (very generally, but ensure that is the basis of selection) • Please edit the evaluation criteria further to explain what each criteria ultimately would mean in the evaluation (is less expensive good or not or is there more to this question?) • How much is the cap of the entire program?
• How much is the per project/event cap?
• How much of an event is covered by the city (a percent, like Sunnyvale)? • What funding have Chamber, Rotary, and WVCS received in total. Chamber has the $8k 2x/yr plus use of Community Hall (free or not?), for example
• State (if this is not already on your website) that there will be an MOU and follow-up evaluation metrics for success of the grant, to evaluate outcomes
• possibly state that the eligibility requirements are coming to Parks and Rec/Council prior to awarding of this year's grants as a policy resolution? Or have this be a subcommittee recommendation to the Council?
Community Event Grants | Saratoga, CA
The City of Saratoga recognizes the value of community
events and their role in bringing residents together, building community, and establishing an identity for the City.
www.saratoga.ca.us
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Sunnyvale, CA - City Grants and Loans
Community Grants. The City awards up to $34,000 each year for the Community Events and Neighborhood Grant program. Grant purpose: Events and projects taking place between Jan. 1 and Dec. 31, 2023 Grant status: Closed. Opens September 2022
sunnyvale.ca.gov
Sincerely,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
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Organization FY 17-18 FY 18-19 FY 19-20 FY20-21 FY 21-22 FY 22-23 Total Funding Received
Friends of Deer Hollow Farm $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 7,000 - $ 67,000 Cupertino Rotary $ 12,000 $ 12,000 $ 12,000 $ 12,000 $ 12,000 - $ 60,000 Euphrat Museum of Art $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000 - $ 55,000 Cupertino Historical Society $ 15,000 $ 15,000 $ 20,000 $ 20,000 $ 20,000 - $ 90,000 Iranian Federated Women's Club $ 400 $ 400 - - - - $ 800 Bay Area Chrysanthemum Show - - $ 1,300 - - - $ 1,300
Cupertino Symphonic Band - - $ 2,000 - - - $ 2,000
Santa Clara Valley Audubon Society - - $ 10,000 $ 7,500 $ 8,500 - $ 26,000 Cupertino DeAnza Lion's Charities - - $ 10,000 - - - $ 10,000 Heart of the Valley - - $ 7,000 - - $ 6,161 $ 13,161
West Valley Community Services - - $ 20,000 $ 20,000 $ 10,000 $ 10,000 $ 60,000 Breathe CA - - $ 2,500 $ 4,000 - $ 4,000 $ 10,500
Elevate the Future - - - $ 3,000 - - $ 3,000
Chinese American Coalition for Compassionate Care - - - $ 6,000 $ 12,000 $ 13,000 $ 31,000 Bhubaneswar Sister City - - - $ 7,500 - - $ 7,500
Silicon Valley Jewish Film Festival - - - $ 5,000 - - $ 5,000 Cupertino Library Foundation - - - - $ 15,000 - $ 15,000 Buddhist Tzu Chi Medical Foundation - - - - $ 7,400 $ 8,300 $ 15,700 Valkyrie Robotics - - - - $ 3,000 - $ 3,000
Tian Hong Foundation - - - - $ 3,000 - $ 3,000
Monta Vista High School Music Boosters - - - - $ 3,000 - $ 3,000 Women SV - - - - - $ 20,000 $ 20,000
American Cancer Society - - - - - $ 6,000 $ 6,000
Omniware Networks - - - - - $ 2,000 $ 2,000
Total $ 52,400 $ 52,400 $ 109,800 $ 110,000 $ 115,900 $ 69,461 $ 509,961 Community Funding Historical Funding Report
Fiscal Year 2018-2023
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Funding and Services Organizations Received from the City Fiscal Year 2018-2023
Cupertino Chamber of Commerce FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023** Total Received Budget
Contract Agreement ($8,000 2x per year) $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 8,000.00 $ - $ 72,000.00 Rooms
LAC Meetings (Generally First Fridays) 10 bookings 11 bookings 8 bookings None None None 29 bookings Festival Fee Waivers
Diwali $ 14,188.00 $ 16,414.00 $ 14,161.00 $ 16,602.00 $ 16,803.00 $ 13,764.00 $ 91,932.00 Holi $ 2,791.00 $ 4,791.00 $ 5,106.00 $ 6,021.00 $ 6,104.00 $ 5,557.00 $ 30,370.00 Night Market $ - $ - $ - $ 15,099.00 $ 9,545.00 $ - $ 24,644.00 Rotary Club of Cupertino FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023** Total Received Budget
Community Grant Funding $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ - $ 60,000.00 Festival Fee Waivers
Fall Festival $ 14,277.00 $ 15,599.00 $ 16,943.00 $ 16,931.00 $ 17,323.00 $ 16,798.00 $ 97,871.00 West Valley Community Services FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023** Total Received Budget
Community Grant Funding $ - $ - $ 25,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 65,000.00 CDBG Capital Housing Grant* $ 165,716.20 $ 176,201.24 $ 43,310.00 $ 174,850.40 $ 222,971.41 $ - $ 783,049.25 CDBG Public Service Grant* $ 32,488.00 $ 34,999.62 $ 35,646.16 $ 38,460.07 $ 31,117.81 $ 38,054.69 $ 210,766.35 General Fund Human Services Grant $ - $ 40,000.00 $ 39,999.87 $ 65,780.00 $ 65,765.84 $ 65,780.00 $ 277,325.71 CWP Homeless Job Program $ - $ - $ - $ - $ 97,016.09 $ 200,000.00 $ 297,016.09 BMR Affordable Housing Fund Capital Housing Grant $ 122,264.84 $ 79,986.13 $ - $ - $ - $ - $ 202,250.97 *Community Development Block Grant (CDBG) federal funds are provided by the US Dept of Housing and Urban Development. **Fiscal Year 2022-2023 displays the amounts approved and not the actual amounts distributed. 254
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City Cupertino Campbell Los Gatos Mountain View Santa Clara San Jose Saratoga Sunnyvale Policy Name Community Funding Grant Policy Social Service Subgrants Community Grants Community for All Grant *One-Time Program for FY 2018-2019 Community Grant Policy Festival, Parade & Celebration Grants Community Event Grants Community Events Grant Program Purpose
Provides funding to local non-profit organizations in the areas of social services, fine arts and other programs for the general public. The policy provides a framework for the City's Community Funding Grant Program and guides the administration of the program and decision-making process. It also provides guidance on key aspects of the City's Community Funding Grant Program processes including: Eligibility, Evaluation Criteria,
Restrictions/Guidelines, and Procedure.

Provides grant funds to support community agencies that offer programs to serve Campbell residents. The
programs fulfill a critical need that is not already
provided by the City through an existing program or
service. The Social Service Subgrant program provides
funding for two years and applicants must specify the
requested funding per year in their application.

Provides grants of Town general fund monies to projects and organizations that directly benefit the community
and residents of Los Gatos.

As part of the City Council Major Goals, the Council
adopted a goal that affirms Mountain View’s
commitment to protecting vulnerable populations and
preserving the socioeconomic and cultural diversity of
Mountain View. Known as “Community for All,” the goal
supports efforts to fund and/or improve awareness of,
and access to, information and referral resources for
immigrants; particularly for mixed-status families.

To establish a standardized process to award grants to
qualifying nonprofit community organizations, youth
athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.

Provides a limited number of Festival, Parade &
Celebration Grant (FPC) awards each year in order to:
- Expand access for all City residents to a wide range of cultural experiences in the form of community festivals, parades and celebrations;
- Enhance San Jose’s overall cultural environment;
- Support San Jose’s economic vitality; and
- Increase the City’s visibility and reputation as a
desirable destination for visitors.

Program gives local event organizers the opportunity to seek funding for their community events and focuses in
bringing residents together, building community, and
establishing an identity for the City.

Program was created to support and encourage groups
to build community and celebrate our unique culture by
holding community events in Sunnyvale.

Elgibility
Eligibility:
- Be made or sponsored by a 501(c)(3) non-profit organization with experienced members capable of implementing and
managing the program/project/event.
- Identify how the funds will be used to benefit the Cupertino community.
- Be awarded only once per project
- For specific needs, not ongoing, operational costs.
- Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
- Be complete and submitted by the application deadline.

Eligibility:
- Program demonstrates the community need or problem
to be addressed by the proposed project.
- Program serves and benefits Campbell residents.
- Program serves an at-risk population.
- Program does not duplicate a service already provided by the City.
- Program shows a positive and measurable impact for
the community.

Eligibility:
- Applicants must be incorporated as a 501c3 nonprofit
organization
- For community non-profit organizations to propose onetime funding for projects or services that have a direct impact on post-pandemic recovery and/or a need created
as a result of the COVID-19 pandemic
- Limit of one community grant proposal per
agency/organization. Priority will be given to
organizations that do not receive Town funding through
other means
- Proposal must directly benefit Los Gatos residents or the general community of Los Gatos
- Applicants must be in compliance with all applicable
local, state, and federal laws and non-discrimination
requirements
Eligibility:
- Nonprofit 501(c)(3) organization, including faith-based organizations, that serves Mountain View residents; or
- Community-based organization or association in
partnership with a 501(c)(3) fiscal sponsorship that serves Mountain View residents.

The grant-funded project, program, or event must take
place during the 2019 calendar year in the City of
Mountain View and serve Mountain View residents; and
Grant recipients are responsible for the implementation of the project, program, or event and must have the
authority and capacity to complete the funded activity.

Eligibility:
- Provides a benefit to Santa Clara residents
- If the grant is for an event, then the event will be open to the general public and does not discriminate on the
basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law - Aligns with established Council goals
- Grant funds will not be used for political or religious purposes
- If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support
programs, services or events for residents of the City of Santa Clara
Eligibility:
- Designated as a 501(c) not-for-profit public benefit
corporation in good standing;
- One year history of events programming in San Jose at the time of application;
- Organization’s event takes place during July 1, 2022 – June 30, 2023 in the city of San Jose and has cash
expenses of at least $5,000;
- Organization’s event is not conducted primarily as a
fundraiser and is not intended to convey a religious
message nor advocate a political position; and
- Organization a) is not a division/department within the City of San Jose; and b) will not fund the event with a take pART Grant from the City of San Jose.

Eligibility:
- Event is located in Saratoga
- Event is free and open to the public
- Event is volunteer-led
- Event concentrates on Saratoga’s character, diversity, or history
- Event celebrates the community, not limited to a small group (such as a reunion)
- $1 million liability coverage for event is required
Eligibility:
- The sponsoring organizations must be nonprofit or notfor-profit. Applicants must attach a copy of nonprofit documentation if the organization has such
documentation.
- All proposed events must: be held within Sunnyvale City limits, be of a citywide nature, serve the greater
community, be free and open to the public, and occur
between January 1 and December 31, 2022. Note:
priority may be given to events that demonstrate
capacity to serve at least 500 people.
- The event should encourage celebrations of community
which focus on the character, diversity and quality of
Sunnyvale and provide vitality and identity to the
community.
- Priority will be given to encourage new event
applications as well as supporting existing events that have been highly successful in the past, subject to other grant criteria.
-Community event grant funding from the City will
represent no more than 40 percent of the total event
budget, including the value of in-kind goods and services but excluding the value of volunteer time.

Evaluation Criteria
Criteria:
- Impact on and benefit to the Cupertino community
- Community need for the program/project/event
- Alignment with City mission and values
- Uniqueness of the program/project/event
- Qualifications and experience of the organization and its members
- Reasonable cost
- Demonstrated effort to secure funding from other sources and/or establishing partnerships with other community or city organizations
- Clarity, completeness, and accuracy of grant application - Past performance and compliance with requirements if a recurring applicant
- Applications will be sorted into two categories (New applicant and Past recipients)
- Applications in each category will be evaluated using a tiered structure based on the dollar amount requested for award as follows:
< $999.99
$1,000.00 - $4,999.99
$5,000.00 – $9,999.99
$10,000.00 - $20,000.00
N/A Criteria:

Applications will be ranked and evaluated based on the
scoring rubric.

Grant Scoring Rubric - Scored on a scale (exemplary,
good, neds improvement, and evidence not
demonstrated/disqualifying if recieved in any one
category). Criteria Categories include:
- Post-pandemic recovery or need related to COVID-19
pandemic
- Community Impact
- Organizational Background
- Approach
- Budget Analysis
- Feasibility
- Assessment/Evaluation
Criteria:

Applications will be evaluated according to the following criteria:

Project Impact:
- Information and Referral: How does the project,
program, or event provide access to information or
referral services for immigrant communities?
- Benefit: How many people and/or which populations
are expected to benefit from the project or event? Does the project fill a gap in services or address an identified need?
- Diversity: Does the project or event help to preserve the socioeconomic and cultural diversity of the Mountain
View community?
- Number of Mountain View residents served.

Project/Event Design: Is the project or event well planned and conceptualized? Is there a high likelihood of success? Does the applicant have experience in providing similar projects?
Values: Does the project demonstrate close alignment to City values of respect, inclusivity, and preserving cultural diversity?
Criteria:
- Applicants submit timely and complete grant
applications to the City Manager’s Office for review
- City Manager’s Office reviews application for
compliance with eligibility criteria and availability of funds. City Manager may seek additional information
from applicant as necessary.
- If an application is approved by the City Manager’s
Office, then the approved application marked accordingly shall be transmitted to the applicant with additional
instructions, if any.
- If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in
writing.

Criteria:

Applications will be evaluated according to the following criteria, in the context of the applicant’s overall goals and the purpose and goals of Festival, Parade and Celebration Grants Program:
- Event narrative & cultural, historical and/or
neighborhood significance 30%
- Communications (marketing and outreach) and
attendance 30%
- Financial and budgetary capabilities/leveraging of City funding 20%
- Ability to produce a well-planned and safe event 10%
- Economic impact 10%
Rating System: 10- point scale - An application must
receive an overall score of at least 75 points in order for the panel to consider it for funding. However, achieving a score of at least 75 points does not guarantee that the Panel will recommend an application for funding, as
funds may not be sufficient to recommend a grant for all applicants that score above the minimum threshold.

N/A Criiteria:

The CENGP Subcommittee will review each application
and may choose to contact the applicant for more
information or clarification regarding the details of the application during the review period and/or request an
interview with any applicant. City Council will make final funding decisions by January 2022 and grant applicants
will be notified, in writing within 10 days.

Fundraiser events are not eligible for grant funding. A “fundraiser” is defined as any event that solicits funds from attendees either through direct ticket sales or
asking for a donation. Events that are free and open to the public that include passive, purely optional
opportunities for donations to other community
nonprofit organizations, such as canned food or school
supply drives or voluntary donation jars on exhibitor
tables, are not considered fundraisers. Under no
circumstances shall event sponsors, partners or
participants seek funds in the form of raffle tickets, silent auction bids or items of similar intent.

Restrictions and
Guidelines
Guidelines:
- An organization that is applying for multiple grants shall only submit one application.
- Proceeds generated from the funded activity may only be used for the conducted activity.
- If requested, recipients must provide full financial statements for the organization.
- Admission to or participation in the event must be "free of charge" for Cupertino residents unless stated in the application and approved by Parks & Recreation Commission.
- If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the Parks and Recreation Department for a Grant application to be reviewed in accordance with this policy.
- Grant recipients shall acknowledge the City contribution in formal promotional materials and efforts related to the funded activity. Any use of the City logo must be approved by the City’s Communications Officer.

Guidelines:

The Civic Improvement Commission (CIC) is responsbile
for making recommendations to Council on allocating the City's Social Service Subgrant funds.
- The CIC will manage the Social Services Subgrant
allocation based on the budget approved by City Council. - During the two-year funding cycle the City reserves the right to reduce funding levels should the City’s operating budget be constrained.
- Performance Reports are required annually and
reviewed by the Commission.

Guidelines:

Application does not commit the Town to award a
contract, pay any costs incurred in the preparation of the application, or procure or contract for services or
supplies. The Town reserves the right to accept or reject an or all applications received, to negotiate with all
qualified applicants, or to cancel in part or in its entirety the community grant program if it is in the best interest of the Town. The Town may also negotiate with qualified agencies to meet community need.

Guidelines:

Grant proposals need to demonstrate a focus on one or
more of the following areas:
- Improving awareness of, and access to, information and referral resources for immigrant communities.
- Building community and helping to create an inclusive and welcoming environment for immigrant communities.

The Community for All Grant will not fund:
- Political and organization fundraising campaigns
- Lobbying efforts
- Marketing of products or technologies
- Costs for preparing or submitting a grant application - Endowment campaigns
- Alcoholic beverages
All groups or organizations receiving Community for All grants will be required to enter into an agreement with the City of Mountain View concerning the use of grant
funds and term of grant funding.

Guidelines:
- If the applicant has received a grant for an
event/activity other than competition attendance, then
applicant shall submit proof that the grant funds have
been spent in the manner and for the purposes stated on the application within thirty (30) days after the
event/activity.
- If the applicant has received a grant for competition attendance, then proof of all allowable expenses actually incurred, as well as allocation of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.
- If an applicant makes a grant request directly to a
member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in
accordance with this policy.
- Staff shall report any distributions in accordance with applicable tax law.

Guidelines:

Grant awards are intended to serve as partial support for events. Grant requests:
- Must not exceed 50 percent of the proposed event’s
expenses and, due to limited funds, grant awards will
usually be significantly less.
- Must be a minimum of $2,500, which means that an
event must have expenses of at least $5,000 to be
eligible.
- Must be between $2,500 and $5,000 if the proposed
event has not been produced in the last five years.

Grant funds must be used for event-related expenses only and not for a previous year's operating deficit,
administrative costs, or other organizational costs
unrelated to production of the event or for any capital equipment purchases. No part of the grant shall be used to promote or inhibit religion nor for any political
advocacy.

Guidelines:

Grant funding may be used for:
- City-related fees (such as park rental or permit costs) - Contract services
- Event materials
- Permits
- Supplies
- Grants are issued upon a reimbursement basis. Funding sources in addition to the grant are encouraged.

Insurance Coverage
- All event organizers who receive funding through the
Community Event Grant Program must obtain event
liability insurance coverage in the amount of at least $1 million. The insurance coverage will name the City of
Saratoga, its officers, officials, employees, agents and volunteers as additional insured. Event organizers must provide a "Certificate of Insurance" with "Additional
Insured Endorsement" to the City prior to holding the
event.

Guidelines:
- Funds may be granted to religious organizations if the funds are not used for a religious purpose including for the promotion of any sect, church, creed, or sectarian
organization, nor to conduct any religious service or
ceremony. This eligibility criterion is an attempt to
preserve separation of church and state while still
allowing religious organizations to be eligible for grant funds.
- Organizations that are collaborating with the City in cosponsoring an event are eligible to apply for grant funding, however, grant funds can only be used to defray expenses incurred by the co-sponsoring organization(s)
rather than the City.
- Grants will not be awarded to organizations owing a
debt to the City.
- Grants will not be awarded to individuals.
- The sponsoring organization must demonstrate the
ability to produce a well-planned, safe event and
demonstrate strong financial management and effective
management controls, including cost-effectiveness.
- Organizations must be able to communicate the public
purpose of their proposed event or service. Some factors that demonstrate the purpose of your event may include:

Whether the proposed project/service compliments or
enhances a service that the City also provides, When
there is an identifiable secondary, or indirect, benefit to h Ci Wh h i i id i h
Funds Available
Total: $70,000 - $90,000
Grant shall not exceed $20,000 per applicant, per year
N/A Total: $80,000
Grant shall not exeed $10,000 each
Total: $60,000
Grant shall not exceed $10,000 each
Grant shall not exceed $10,000 each Up to 50% of total event expenses Grants shall not exceed $2,000 per event Total: $34,000 Up to 40% of total event expenses
Funding (Provided
Upfront or
Reimbursement)
Upfront N/A N/A Reimbursed N/A N/A Reimbursed Reimbursed Community Grant Policies in Santa Clara County
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Notes/Comments
Applications are due by February 1.
- Applicants will be expected to reimburse the City any funding awarded and not used for their program/project/event.

Applications open for two Fiscal Years/Funding Cycles at a time
Applications are reviewed by the City Manager’s Office
staff for completeness and conformance to guidelines
and will present recommendations to the Human
Relations Commission. The Human Relations Commission
will evaluate grant requests and make funding
recommendations to the Mountain View City Council for
approval. The City Council will have the sole discretion to approve or not approve grant awards.

If the activity being funded is individual or group
attendance at a youth competition or performance, then
the applicant must demonstrate that the activity being
funded by the City’s grant will satisfy all of the following criteria:
- Funding the activity provides a benefit to Santa Clara residents, students or schools
- Contributes positively to the recognition and image of the City of Santa Clara
- Aligns with established Council goals
- Grant funds will not be used for political or religious purposes
- The grant funds requested will only be used for a
specific state, national, or international title or
performance
- The grant funds requested do not exceed 20% of the
allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements
stated in the application
- Individuals, teams or groups should either be from
Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
- The student-to-coach/chaperone ratio is six students to one coach/chaperone
City Council also sets aside funding to help a local
organization pay for the cost of closing down Big Basin Way for a community event. This Street Closure Grant is separate from the Community Event Grant and is
awarded to only one organization.

Grant recipients must attempt to expend all grant
funding within City limits. Grant funds must be used only for the event applied for, but may be used for any costs, including costs payable to the City. The City will not waive any fees for services associated with the event.

Cities that do NOT have Community Grants: Los Altos
Cities reached out to and have not heard back from: Gilroy, Milpitas, Palo Alto 256
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CHAPTER 1: INTRODUCTION | general plan (community vision 2015 - 2040) I-4
The Guiding Principles provide additional detail about Cupertino’ s desired future necessary to fully articulate the ideas contained in the vision statement. Similarly, the Guiding Principles were developed based on extensive community input.

GUIDING PRINCIPLES
1 2
3 4
5 6 SUPPORT VIBRANT AND MIXED- USE BUSINESSES
Ensure that Cupertino’s major mixed-use corridors and commercial nodes are vibrant, successful, attractive, friendly and comfortable with inviting active pedestrian spaces and services that meet the daily needs of residents and workers.

ENSURE A BALANCED COMMUNITY
Offer residents a full range of housing choices necessary to accommodate the changing needs of a demographically and economically diverse population, while also providing a full range of support uses including regional and local shopping, education, employment, entertainment, recreation, and daily needs that are within easy walking distance.

ENHANCE MOBILITY
Ensure the efficient and safe movement of cars, trucks, transit, pedestrians, bicyclists and disabled persons throughout Cupertino in order to fully accommodate Cupertino’s residents, workers, visitors and students of all ages and abilities. Streets, pedestrian paths and bike paths should comprise an integrated system of fully connected and interesting routes to all destinations.

IMPROVE CONNECTIVITY
Create a well-connected and safe system of trails, pedestrian and bicycle paths, sidewalks and streets with traffic calming measures that weave the community together, enhance neighborhood pride and identity, and create access to interesting routes to different destinations.

IMPROVE PUBLIC HEALTH AND SAFETY
Promote public health by increasing community- wide access to healthy foods; ensure an adequate amount of safe, well-designed parks, open space, trails and pathways; and improve safety by ensuring all areas of the community are protected from natural hazards and fully served by disaster planning and neighborhood watch programs, police, fire, paramedic and health services.

DEVELOP COHESIVE NEIGHBORHOODS
Ensure that all neighborhoods are safe, attractive and include convenient pedestrian and bicycle access to a “full-service” of local amenities such as parks, schools, community activity centers, trails, bicycle paths and shopping. 257
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CHAPTER 1: INTRODUCTION | general plan (community vision 2015 - 2040) I-5
7 8
9 10
11 ENSURE A RESPONSIVE GOVERNMENT
Continue to be a regional leader in accessible and transparent municipal government; promote community leadership and local partnerships with local and regional agencies; and remain flexible and responsive to changing community needs.

ENSURE FISCAL SELF RELIANCE
Maintain fiscal self-reliance in order to protect the City’ s ability to deliver essential, high-quality municipal services and facilities to the community.

PRESERVE THE ENVIRONMENT
Preserve Cupertino’s environment by enhancing or restoring creeks and hillsides to their natural state, limiting urban uses to existing urbanized areas, encouraging environmental protection, promoting sustainable design concepts, improving sustainable municipal operations, adapting to climate change, conserving energy resources and minimizing waste.

SUPPORT EDUCATION
Preserve and support quality community education by partnering with local school districts, community colleges, libraries and other organizations to improve facilities and programs that enhance learning and expand community- wide access.

EMBRACE DIVERSITY
Celebrate Cupertino’s diversity by offering a range of housing, shopping and community programs that meet the needs of the full spectrum of the community, while ensuring equal opportunities for all residents and workers regardless of age, cultural or physical differences.

ENSURE ATTRACTIVE COMMUNITY DESIGN
Ensure that buildings, landscapes, streets and parks are attractively designed and well maintained so they can complement the overall community fabric by framing streets and offering a variety of active, relaxing and intimate pedestrian spaces.
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Category Organization Project Funding total Fiscal Year Funded Art Euphrat Museum of Art Art Exhibits $15,000 2021-2022 Art Tian Hong Art Contest $3,000 2021-2022
Art Omniware Networks Youth Art Exhibition $2,000 2022-2023 Education Chinese American Coalition for Compassionate Care Mindfull Self-Care program $12,000 2021-2022 Education Cupertino Library Foundation Empower/Connect with Seniors $15,000 2021-2022 Education Monta Vista High School Music Boosters Speech Program $3,000 2021-2022 Education Breathe CA Wellness Programs $4,000 2022-2023 Education Chinese American Coalition for Compassionate Care Grief and Loss Program $13,000 2022-2023 Education Women SV Technical Support for domestic abuse survivors $20,000 2022-2023 Events Cupertino Rotary Fall Festival $12,000 2021-2022 Events Santa Clara County Audubon Festival $8,500 2021-2022 Events West Valley Community Services Gift of Hope- Holiday Shopping for familes in poverty $10,000 2021-2022 Events Buddhist Tzu Chi Health Fair $7,400 2021-2022
Events Valkyrie Mini Robot Competition $3,000 2021-2022 Events Buddhist Tzu Chi Health Fair $8,300 2022-2023
Events Relay for Life Event $6,000 2022-2023
Events West Valley Community Services Gift of Hope- Holiday Shopping for familes in poverty $10,000 2022-2023 Health Services for Seniors COVID Car Kit $6,160 2022-2023 Site Improvements Friends of Deer Hollow Farm Demonstration Garden $7,000 2021-2022 Communty Funding Recipients by Proposed Categories
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CITY OF CUPERTINO
Agenda Item
22-11277 Agenda Date: 9/20/2022
Agenda #: 19.

Subject: Consider amending the City of Cupertino Conflict of Interest Code for officials and designated employees per State law requirement on a biennial basis; 2022 Local Agency Biennial Notice
a.) Adopt Resolution No. 22-120 rescinding Resolution No. 20-115 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and b.) Authorize the City Manager to sign the required 2022 Local Agency Biennial Notice Presenter: Kirsten Squarcia, City Clerk
CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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1 CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Consider resolution amending the City of Cupertino Conflict of Interest Code for officials and designated employees per State law requirement on a biennial basis; 2022 Local Agency Biennial Notice
Recommended Action
a.) Adopt Resolution No. 22-___ rescinding Resolution No. 20-115 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and b.) Authorize the City Manager to sign the required 2022 Local Agency Biennial Notice Background
The Political Reform Act, Government Code Section 81000, et seq., requires every local government agency to adopt a conflict of interest code. The code establishes the categories of public officials and designated employees who must disclose certain personal assets and income which might materially affect their governmental decisions.

The public officials and designated employees must a file a Statement of Economic Interest (Form 700) to make disclosure of their financial interests. The amount of disclosure will depend upon their duties. Positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in the code. Persons holding positions listed in Government Code section 87200 (87200 filers) include City Councilmembers, the City Attorney, the City Manager, Planning Commissioners, and persons who manage public investments.

They are required by state law to file a full disclosure Form 700.

The information required to be in a code's main body is complex and may change over time. Agencies must review their codes biennially and amend when necessary. An amended code is necessary if the current code is more than five years old; or if there have been any substantial changes to the agencies organizational structure or in duties or responsibilities for any positions; or if positions have been added or deleted, or renamed; or if there have been revisions to the disclosure categories. A biennial notice verifying 261
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2 review and any amendments must be filed with the code reviewing body no later than October 3, 2022 (Attachment D). The City Council is the code reviewing body for city agencies. The City Council last reviewed and updated the City’s Conflict of Interest Code on September 15, 2020 by adoption of Resolution No. 20-115 (Attachment C).

Discussion
An amendment to the City of Cupertino Conflict of Interest Code is necessary this year to make the following changes (Attachment A):
a.) Add Economic Development Committee;
b.) Add the positions of Finance - Budget Manager and Purchasing Manager; City Manager’s Office - Analyst (Three-Year Limited-Term); Planning - Permit Tech; Housing - Senior Planner and Assistant Planner; Innovation & Technology - Management Analyst; Public Works - Transportation Manager, Senior Public Works Project Manager, Environmental Programs Manager, Senior Planner, and Management Analyst; c.) Delete the positions of Planning - Deputy Board Clerk and Innovation & Technology - Information Technology Manager;
Sustainability Impact
There is no fiscal impact.

Fiscal Impact
There is no fiscal impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Reviewed by: Christopher Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - Draft Resolution and Conflict of Interest Code (redline) B – Draft Resolution and Conflict of Interest Code (clean) C – Adopted Resolution No. 20-115
D - 2022 Local Agency Biennial Notice
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RESOLUTION NO. 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 20-115 AND AMENDING THE

CITY OF CUPERTINO CONFLICT OF INTEREST CODE

FOR OFFICIALS AND DESIGNATED EMPLOYEES
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000 et seq. (the “Act” or “Political Reform Act”) governs the disclosure of political campaign contributions and spending by candidates and ballot measure committees, and sets ethics rules for state and local government officials that impose strict limits on decisions or votes that affect the official's financial interests; and WHEREAS, the City Clerk is the local filing officer for all filings and statements required by the Political Reform Act including campaign contribution and expenditure reports from candidates for City Council, controlled committees and independent expenditure committees, as well as Statements of Economic Interest from current City officials, officers and designated employees, per the City's Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the City Council last updated the City’s Conflict of Interest Code on September 15, 2020 by adoption of Resolution No. 20-115; and WHEREAS, the City Council now desires to amend the City’s Conflict of Interest Code to update the disclosure categories and list of designated positions, as well as to reorganize the list so that positions are grouped by department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY RESOLVE AS FOLLOWS:

1. That Resolution No. 20-115 is hereby rescinded; and

2. That the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC shall, along with the Code entitled, “City of Cupertino Conflict of Interest Code for Officials and Designated Employees” as set forth in Exhibit A along with attached appendices A and B, in which members, consultants, and employees are 263
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Resolution No. 22-___

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designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Cupertino; and

3. That all Statements of Economic Interest shall be filed electronically with the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of September 2022, by the following 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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EXHIBIT A

CITY OF CUPERTINO CONFLICT OF INTEREST CODE

FOR OFFICIALS AND DESIGNATED EMPLOYEES
The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Political Reform Act. Therefore, the terms of 2 Cal. Code Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices A and B in which members, consultants, and employees are designated and disclosure categories are set forth shall constitute the conflict of interest code of the City of Cupertino.

Officials and designated employees under Government Code Section 87200 shall file electronic statements of economic interests (Form 700) with the City Clerk who will make the statements available for public inspection and reproduction. (Gov.

Code Section 81008).

Upon receipt of the statements (Form 700) of the City of Cupertino City Council, City Manager, City Attorney, City Treasurer, and Planning Commissioners, the agency shall electronically forward the original of these statements to the Fair Political Practices Commission. The City Clerk will electronically retain original statements for all other designated employees.

It has been determined that the positions listed below manage public investments and will file a statement of economic interests (Form 700) pursuant to Government Code Section 87200:

City Treasurer (Director of Administrative Services)
Deputy City Treasurer (Finance Manager)
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APPENDIX A

DESIGNATED POSITIONS AND

APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category

ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services (Treasurer) 1 (Govt Code § 87200 filer) Finance Manager (Deputy City Treasurer) 1 (Govt Code § 87200 filer) Human Resources Manager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 5
Human Resources Analyst I/II 5
Accountant I/II 5
Senior Accountant 5
Account Clerk I/II 5
Accounting Technician 5

APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Govt Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 4
Fine Arts Commission 4
Housing Commission 1
Library Commission 4
Parks and Recreation Commission 4
Planning Commission 1 (Govt Code § 87200 filers)
Public Safety Commission 4
Sustainability Commission 4
Technology, Information, & Communications
Commission
3 Economic Development Committee 6
CITY ATTORNEY’S OFFICE
City Attorney 1 (Govt Code § 87200 filer)
Deputy City Attorney 1
Senior Assistant City Attorney 1
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Assistant City Attorney 1
Legal Services Manager 1
Title Assigned Disclosure Category
CITY MANAGER’S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Assistant to the City Manager 1
Sustainability Manager 6
Management Analyst 6
Emergency Services Coordinator 6
Analyst (Three-Year Limited-Term) 6
Executive Assistant to the City Manager 6
City Clerk’s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Public Affairs Manager 3
Public Information Officer 3
Multimedia Communication Specialist 3
Economic Development
Economic Development Manager 6

COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community Development 1
Planning
Planning Manager 1
Senior Planner 1
Associate Planner 6
Assistant Planner 6
Management Analyst 6
Permit Technician 6
Title Assigned Disclosure Category
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Building
Building Official 4
Deputy Building Official 4
Senior Building Inspector 4
Building Inspector 4
Permit Center Manager 6
Permit Technician 6
Housing
Housing Manager 1
Senior Planner 1
Assistant Planner 6
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants (see Appendix B definitions) As determined by City Manager

INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Innovation and Technology Manager 5
GIS Program Manager 5
Business Systems Analyst 5
Management Analyst 6

PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Program Manager 1
Transportation Manager 1
Senior Public Works Project Manager 1
Public Works Projects Manager 1
Environmental Programs Manager 1
Title Assigned Disclosure Category
Service Center Superintendent 5
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Public Works Supervisor 6
Senior Planner 1
Public Works Inspector 6
Senior Management Analyst 6
Management Analyst 6
Environmental Services & Environmental Affairs
Environmental Programs Manager 6
Environmental Programs Specialist 6
Environmental Compliance Technician 6
Traffic & Engineering
City Engineer 1
Assistant Engineer 1
Transportation Manager 1
Senior Civil Engineer 4
Associate Civil Engineer 4
Senior Engineering Technician 6
Engineering Technician 6
Plan Check Engineer 6

PARKS AND RECREATION
Director of Parks and Recreation 1
Assistant Director of Parks and Recreation 1
Park Restoration and Improvement Manager 6
Recreation Manager 5
Recreation Supervisor 5
Management Analyst 6
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Appendix B

DISCLOSURE CATEGORIES AND DEFINITIONS

1. FULL DISCLOSURE
What to report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments), and interests in real property.

What Form 700 schedules? All Schedules (A through E)

2. ALL INCOME
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments).

What Form 700 schedules? A, C, D, E

3. CITY-RELATED INCOME
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the City.

What Form 700 schedules? A, C, D, E

4. CITY-RELATED INCOME, REAL PROPERTY
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services, of the type utilized by or subject to the review or approval of the City and all interests in real property.

What Form 700 schedules? All Schedules (A through E)

5. DEPARTMENT-RELATED INCOME
What to report? All investments, positions, in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the department in which that person is employed.

What Form 700 schedules? A, C, D, E

6. DEPARTMENT-RELATED INCOME & REAL PROPERTY
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of 270
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the department in which that person is employed, and all interests in real property.

What Form 700 schedules? All Schedules (A through E)
Definitions
For the purposes of these disclosure categories, the definitions and regulations contained in the Political Reform Act, Government Code Sections 81000 et seq., and the Fair Political Practices Commission regulations at 2 Cal. Code Regs. Section 18730 shall apply.
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RESOLUTION NO. 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 20-115 AND AMENDING THE

CITY OF CUPERTINO CONFLICT OF INTEREST CODE

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY RESOLVE AS FOLLOWS:

1. That Resolution No. 20-115 is hereby rescinded; and

Page 2 ends

designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Cupertino; and

3. That all Statements of Economic Interest shall be filed electronically with the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of September 2022, by the following vote.

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

EXHIBIT A

CITY OF CUPERTINO CONFLICT OF INTEREST CODE

Code Section 81008).

It has been determined that the positions listed below manage public investments and will file a statement of economic interests (Form 700) pursuant to Government Code Section 87200:

City Treasurer (Director of Administrative Services)
Deputy City Treasurer (Finance Manager)
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APPENDIX A

DESIGNATED POSITIONS AND

APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category

APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Govt Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 4
Fine Arts Commission 4
Housing Commission 1
Library Commission 4
Parks and Recreation Commission 4
Planning Commission 1 (Govt Code § 87200 filers)
Public Safety Commission 4
Sustainability Commission 4
Technology, Information, & Communications
Commission
3 Economic Development Committee 6
CITY ATTORNEY’S OFFICE
City Attorney 1 (Govt Code § 87200 filer)
Deputy City Attorney 1
Senior Assistant City Attorney 1
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Title Assigned Disclosure Category
Assistant City Attorney 1
Legal Services Manager 1
CITY MANAGER’S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Assistant to the City Manager 1
Sustainability Manager 6
Management Analyst 6
Emergency Services Coordinator 6
Analyst (Three-Year Limited-Term) 6
Executive Assistant to the City Manager 6
City Clerk’s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Public Affairs Manager 3
Public Information Officer 3
Multimedia Communication Specialist 3
Economic Development
Economic Development Manager 6

COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community Development 1
Planning
Planning Manager 1
Senior Planner 1
Associate Planner 6
Assistant Planner 6
Management Analyst 6
Permit Technician 6
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Title Assigned Disclosure Category
Building
Building Official 4
Deputy Building Official 4
Senior Building Inspector 4
Building Inspector 4
Permit Center Manager 6
Permit Technician 6
Housing
Housing Manager 1
Senior Planner 1
Assistant Planner 6
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants (see Appendix B definitions) As determined by City Manager

INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Innovation and Technology Manager 5
GIS Program Manager 5
Business Systems Analyst 5
Management Analyst 6

PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Program Manager 1
Transportation Manager 1
Senior Public Works Project Manager 1
Public Works Projects Manager 1
Environmental Programs Manager 1
Service Center Superintendent 5
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Title Assigned Disclosure Category
Public Works Supervisor 6
Senior Planner 1
Public Works Inspector 6
Senior Management Analyst 6
Management Analyst 6
Environmental Services & Environmental Affairs
Environmental Programs Manager 6
Environmental Programs Specialist 6
Environmental Compliance Technician 6
Traffic & Engineering
City Engineer 1
Assistant Engineer 1
Transportation Manager 1
Senior Civil Engineer 4
Associate Civil Engineer 4
Senior Engineering Technician 6
Engineering Technician 6
Plan Check Engineer 6

DISCLOSURE CATEGORIES AND DEFINITIONS

1. FULL DISCLOSURE
What to report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments), and interests in real property.

What Form 700 schedules? All Schedules (A through E)

2. ALL INCOME
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments).

What Form 700 schedules? A, C, D, E

What Form 700 schedules? All Schedules (A through E)

What Form 700 schedules? A, C, D, E

6. DEPARTMENT-RELATED INCOME & REAL PROPERTY
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of 279
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the department in which that person is employed, and all interests in real property.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 18- 092 AND AMENDING THE

CITY OF CUPERTINO CONFLICT OF INTEREST CODE

FOR OFFICIALS AND DESIGNATED EMPLOYEES AND REQUIRING

ELECTRONIC FILING OF ALL STATEMENTS OF ECONOMIC INTEREST WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000 et seq. ( the " Act" or " Political Reform Act") governs the disclosure of political campaign contributions and spending by candidates and ballot measure committees, and sets ethics rules for state and local government officials that impose strict limits on decisions or votes that affect the official' s financial interests; and WHEREAS, the City Clerk is the local filing officer for all filings and statements required by the Political Reform Act including campaign contribution and expenditure reports from candidates for City Council, controlled committees and independent expenditure committees, .as well as Statements of Economic Interest from current City officials, officers and designated employees, per the City's Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the City Council last updated the City' s Conflict of Interest Code on September 18, 2018 by adoption of Resolution No. 18- 092; and WHEREAS, the City Council now desires to amend the City' s Conflict of Interest Code to update the disclosure categories and list of designated positions, as well as to reorganize the list so that positions are grouped by department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY RESOLVE AS FOLLOWS:

1. That Resolution No. 18- 092 is hereby rescinded; and

2. That the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC shall, along with the Code entitled, " City of Cupertino Conflict of Interest Code for Officials and Designated Employees" as set forth in Exhibit A along with attached 281
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Resolution No. 20- 115

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appendices A and B. in which members, consultants, and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Cupertino; and

3. That all Statements of Economic Interest shall be filed electronically with the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September 2020, by the following vote.

Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:

Steven Scharf,
U
Mayor
City of Cupertino
ATTEST:

Kirsten Squarcia, City Clerk
12-I ,?- 0 ZL
Date
9 z
Date
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EXHIBIT A

CITY OF CUPERTINO CONFLICT OF INTEREST CODE

Officials and designated employees under Government Code Section 87200 shall file electronic statements of economic interests ( Form 700) with the City Clerk who will make the statements available for public inspection and reproduction. ( Gov.

Code Section 81008).

Upon receipt of the statements ( Form 700) of the City of Cupertino City Council, City Manager, City Attorney, City Treasurer, and Planning Commissioners, the agency shall electronically forward the original of these statements to the Fair Political Practices Commission. The City Clerk will electronically retain original statements for all other designated employees.

It has been determined that the positions listed below manage public investments and will file a statement of economic interests ( Form 700) pursuant to Government Code Section 87200:

City Treasurer (Director of Administrative Services)
Deputy City Treasurer ( Finance Manager)
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APPENDIX A

DESIGNATED POSITIONS AND

APPLICABLE REPORTABLE INTEREST CATEGORIES
Title I Assigned Disclosure Category

ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services ( Treasurer) 1 ( Govt Code § 87200 filer) Finance Manager ( Deputy City Treasurer) 1 ( Govt Code § 87200 filer) Human Resources Manager 2
Senior Management Analyst 5
Human Resources Analyst I/II 5
Accountant I/II 5
Senior Accountant 5
Account Clerk I/II 5
Accounting Technician 5

APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
Ci Council 1 ( Gout Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 4
Fine Arts Commission 4
Housing Commission 1
Library Commission 4
Parks and Recreation Commission 4
Planning Commission 1 ( Govt Code § 87200 filers)
Public Safety Commission 4
Sustainability Commission 4
Technology, Information, & Communications
Commission
3 CITY ATTORNEY' S OFFICE
City Attorney 1 ( Govt Code § 87200 filer)
Deputy City Attorney 1
Senior Assistant City Attorney 1
Assistant City Attorney 1
Legal Services Manager 1
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Title Assigned Disclosure Category

CITY MANAGER' S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Assistant to the City Manager 1
Sustainability Manager 6
Management Analyst 6
Emergency Services Coordinator 6
Executive Assistant to the City Manager 6
City Clerk' s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Public Affairs Manager 3
Public Information Officer 3
Multimedia Communication Specialist 3
Economic Development
Economic Development Manager 6

COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community Development 1
Planning
Planning Manager 1
Senior Planner 1
Associate Planner 6
Assistant Planner 6
Management Analyst 6
Deputy Board Clerk 1
Building
Building Official 14
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Title Assigned Disclosure Category
Deputy Building Official 4
Senior Building Inspector 4
Building Inspector 4
Permit Center Manager 6
Permit Technician 6
Housing
Housing Manager 1
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants ( see Appendix B definitions) As determined by City Manager

INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Information Technology Manager 5
Innovation and Technology Manager 5
GIS Program Manager 5
Business Systems Analyst 5

PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Program Manager 1
Public Works Projects Manager 1
Service Center Superintendent 5
Public Works Supervisor 6
Public Works Inspector 6
Senior Management Analyst 6
Environmental Services & Environmental Affairs
Environmental Programs Manager 6
Environmental Programs Specialist 6
Environmental Compliance Technician 6
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Title Assigned Disclosure Category
Traffic & Engineering
City Engineer 1
Assistant Engineer 1
Transportation Manager 1
Senior Civil Engineer 4
Associate Civil Engineer 4
Senior Engineering Technician 6
Engineering Technician 6
Plan Check Engineer 6

DISCLOSURE CATEGORIES AND DEFINITIONS

1. FULL DISCLOSURE
What to report? All investments, positions in business entities, sources of income ( including gifts, loans, and travel payments), and interests in real property.

What Form 700 schedules? All Schedules ( A through E)

2. ALL INCOME
What to report? All investments, positions in business entities, and sources of income ( including gifts, loans, and travel payments).

What Form 700 schedules? A, C, D, E

3. CITY -RELATED INCOME
What to report? All investments, positions in business entities, and sources of income ( including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the City.

What Form 700 schedules? A, C, D, E
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4. CITY -RELATED INCOME, REAL PROPERTY
What to report? All investments, positions in business entities, and sources of income ( including gifts, loans, and travel payments) if the source provides goods or services, of the type utilized by or subject to the review or approval of the City and all interests in real property.

What Form 700 schedules? All Schedules (A through E)

5. DEPARTMENT - RELATED INCOME
What to report? All investments, positions, in business entities, and sources of income ( including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the department in which that person is employed.

What Form 700 schedules? A, C, D, E

6. DEPARTMENT - RELATED INCOME & REAL PROPERTY
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the department in which that person is employed, and all interests in real property.

What Form 700 schedules? All Schedules ( A through E)
Definitions
For the purposes of these disclosure categories, the definitions and regulations contained in the Political Reform Act, Government Code Sections 81000 et seq., and the Fair Political Practices Commission regulations at 2 Cal. Code Regs. Section 18730 shall apply.
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Name of Agency:

Mailing Address:

Contact Person:

Email
2020 Local Agency Biennial Notice
City of Cupertino
10300 Torre Ave, Cupertino, CA 95014
Lauren Sapudar
laurens@cupertino. org
Phone No.

Alternate Email:
408- 777- 1312
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency' s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that ( check one BOX):
13 An amendment is required. The following amendments are necessary:

Check all that apply.)
O Include new positions
Q Revise disclosure categories
0 Revise the titles of existing positions
O Delete titles of positions that have been abolished and/ or positions that no longer make or participate in making governmental decisions
p Other ( describe) Updated list of designated positions, required e- filing of Form 700' The code is currently under review by the code reviewing body. 13 No amendment is required. ( If your code is over five years old, amendments may be necessary.)
Verification ( to be completed if no amendment is required) This agency' s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.

Signature of Chief Executive Officer
9/ 22/2020
Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2020, or by the date specified by your agency, if earlier, to:

PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www. fppc. ca. gov
FPPC Advice: advice fppc. ca. gov ( 866. 275. 3772)

Page 1 of 1 ends

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www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
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CITY OF CUPERTINO
Agenda Item
22-11187 Agenda Date: 9/20/2022
Agenda #: 20.

Subject: Consider:

1. Review crosswalk options across Rodrigues Avenue in the vicinity of the public pedestrian walkway easement through Tract 9405 (Campo De Lozano subdivision), located near 20138 Rodrigues Avenue; and

2. Review the proposed language for signage to be posted at each end of the pedestrian walkway easement through the Campo De Lozano subdivision

1. Consider directing staff to return to City Council one year after the opening of Regnart Creek Trail (tentatively scheduled for November 2023) with recommendations on the necessity for, and location of, potential crosswalks across Rodrigues Avenue in the vicinity of the public pedestrian walkway easement through Tract 9405 (Campo De Lozano subdivision), located near 20138 Rodrigues Avenue; and

2. Review the proposed language for the signage to be installed and posted at each end of the pedestrian walkway easement through the Campo De Lozano subdivision. Installation would occur following Council’s approval at the September 20, 2022 meeting
Presenter: David Stillman, Transportation Manager
CITY OF CUPERTINO Page 1 of 1 Printed on 9/14/2022
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject

2. Review the proposed language for signage to be posted at each end of the pedestrian walkway easement through the Campo De Lozano subdivision.

Recommended Action

Background
The improvement project to expand the Regnart Creek Trail has been underway, with multiple phases progressing sequentially. The project has included significant public engagement with interests in the trail, security for neighboring residents, and increased anticipated activity. To address concerns raised during the engagement process, the City Council authorized the replacement of fencing for residences that abut the trail. The construction of the trail is completed at this point, however, with pending fence work for residences that abut the trail continuing through November. Due to the nature of the fencing replacement work, it is unsafe to open the trail until all fencing replacement work is completed. More specifically, the fencing project often blocks the trail to facilitate work and leaves backyard access open from the trail for several days. As this work winds down in November with an anticipating opening date for the Regnart Creek Trail, the new trail will provide an exciting new experience for residents. 292
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In early 2022, Council was asked by the homeowners of the Campo De Lozano subdivision to consider the vacation of a public pedestrian walkway easement through Tract 9405, which runs within the Campo de Lozano subdivision, located near 20138 Rodrigues Avenue (see Attachment B for walkway easement location). The 10-foot-wide easement was granted to the City of Cupertino around 2002 by the original developer of the Campo De Lozano subdivision to facilitate connectivity from the public right of way to the Regnart Creek Trail. Detailed background information pertaining to this particular easement is included in the March 1 City Council staff report (Attachment A.) At the March 1 meeting, Council did not approve the vacation, but did pass a motion directing staff to further action. The motion directed 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 crossing 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 time; and to come back at a future meeting.

Discussion
Following Council’s direction from the March 2022 meeting, staff developed a list of potential alternative locations for a midblock crossing of Rodrigues Avenue in the vicinity of the pathway easement. Rodrigues Avenue contains horizontal curvatures along this section of the road, with a vehicular speed limit of 30 Miles Per Hour (MPH,) which makes locating a crosswalk in the vicinity challenging (Attachment B).

The California Highway Design Manual prescribes that the minimum stopping sight distance, or the minimum distance needed for a driver to stop when an object or pedestrian is observed in the roadway given driver reaction time and braking distance, is 200 feet at 30 MPH. As a result of this constraint, three potential locations, labeled as Concepts A, B, and C (Attachment B,) have been identified by staff and are located approximately as follows:

Concept Location Site Distance -
west
Site Distance -
east
A Valley Water access gate, 400’ east of
Torre Ave and 600’ west of pathway
unlimited 240’
B 70’ west of pathway 200’ unlimited
C 70’ east of pathway 200’ unlimited
Locating the crosswalk closer than 70’ to the pathway is not feasible, due to substandard site distances, and an existing driveway, fire hydrant, and storm drain infrastructure.

Locations further than 70’ from the pathway are feasible, based on the California 293
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Highway Design Manual, and result in improving sight distances; however, the utility of the crosswalk decreases as its distance from the pathway increases. It should be noted that pedestrians may be unlikely to walk significantly out of the way to use a marked crosswalk and may instead cross where convenient.

Staff does not recommend installing a crosswalk at this time, due to uncertainty in future trail usage, the unpredictability of human behavior, and the site distances that are at or are approaching minimum allowable distances. Following the opening of the Regnart Creek Trail, anticipated later this year, staff will collect usage data on the trail and pathway easement, including vehicle speeds and volume data along Rodrigues Avenue, for a period of one year. After this time, based on the usage data collected, staff will return to City Council with a recommendation on the necessity of a crosswalk to provide safety and, if necessary, the best location based upon pedestrian travel patterns.

If during the year, usage data indicates that more immediate action is necessary, staff will return to Council sooner with the appropriate recommendation. This recommendation is consistent with Council direction given at the March 1 meeting.

Further, at the March 1 meeting, staff was directed to return to City Council one year after the opening of the trail to discuss the ongoing need for the walkway easement through the Campo De Lozano subdivision, contingent upon the usage data collected.

As a crosswalk installation in the vicinity of the pathway is naturally tied to the fate of the easement, it is not recommended that a crosswalk be installed in this area at this time.

Separately, staff proposes to install signage at the entrance to the pathway on each end prior to the opening of the Regnart Creek Trail later this year. Staff recommends the language for the signage to read, “QUIET RESPECT NEIGHBORHOOD – DISMOUNT BICYCLE – TRAIL HOURS SUNRISE TO SUNSET” (Attachment C.). This signage will help to address concerns of the neighbors and aid in compliance of the easement terms, which stipulate pedestrian access only.

Staff presented the three crosswalk concepts to the Bicycle Pedestrian Commission (BPC) at their June 15 meeting with the recommendation that no crosswalks be installed until the Regnart Creek Trail opens and staff has had the opportunity to collect data on roadway and pathway usage. The BPC voted to recommend that staff collect usage data for one year following trail opening to determine the need for a crosswalk at Location B or C (near the pathway,) but recommended that City Council consider having a crosswalk at Location A (at the trail fence opening near City Hall) installed prior to the opening of Regnart Creek Trail. Again, staff is not recommending that a mid-block crossing be installed at this time for the reasons listed above.

Sustainability Impact
There is no sustainability impact to the installation of signage or a crosswalk. 294
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Fiscal Impact
Fabrication and installation of signage are ongoing responsibilities of the Public Works Streets Division and included in the regular operation and maintenance budget. Labor and materials for the Streets Division staff to perform the fabrication and installation of the recommended pathway signage is approximately $400. Data collection to determine the need for a midblock crosswalk is approximately $2,000 and is included in the transportation engineering operations budget.

Alternative
Installation of a midblock crosswalk would be approximately $40,000 and would include high visibility striping, signage, and pedestrian-actuated flashing beacons. Design of the midblock crosswalk would be performed by Public Works staff and would have no fiscal impact. Although staff recommends consideration of the crosswalk item in one year following data analysis, if the Council wishes to proceed now a General Fund budget allocation of $40,000 to account number 100-88-844 would be required as a part of the action for this item. The additional costs would be funded by the General Fund Unassigned fund balance which has a current estimated balance of $46.3 million. _____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – March 1, 2022 City Council Staff Report
B – Rodrigues Avenue Aerial Exhibit
C – Proposed Pathway Easement Signage
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CITY COUNCIL STAFF REPORT
Meeting: March 1, 2022
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-xxx (Attachment A) to vacate a public pedestrian walkway easement through Tract 9405.

Discussion
The Campo De Lozano subdivision, located near 20138 Rodrigues Avenue, was subdivided, and developed around 2002. During the entitlement process, the City requested that the original developer grant the City a 10-foot-wide pedestrian pathway easement through the property, from Rodrigues Avenue to Regnart Creek Trail, to facilitate connectivity from the public right of way to the trail (Attachment B.) When the property was developed, Regnart Creek Trail was situated along the southerly boundary line of the Campo De Lozano subdivision and stretched from the westerly property line of the subdivision, eastward, to the westerly boundary of De Palma Lane, where it connected to publicly accessible sidewalks. The 10-foot-wide pedestrian pathway easement provided this section of trail with a second point of connectivity to the public right of way, ensuring that pedestrian access did not simply end at the westerly end of the trail.

In 2020, the City approved construction of new segments of the Regnart Creek Trail, including an extension of the trail westerly from the Campo De Lozano subdivision to Rodrigues Avenue and the Civic Center property. This extension creates an additional point of connectivity to Rodrigues Avenue, approximately 600-feet west of the Campo De Lozano subdivision.

The Campo De Lozano Homeowner’s Association (HOA) requested that the City now vacate the existing 10-foot-wide pedestrian pathway easement that runs through their subdivision, since the extension of the Regnart Creek trail will provide other connectivity options to the west. Further, the residents of the subdivision have concerns Attachment A
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regarding the security of their property related to the existing pedestrian walkway and the expansion of public use of the Regnart Creek Trail. If the City vacates the pedestrian pathway easement, the HOA intends to restrict public access to the pedestrian pathway that runs through their property.

Staff is requesting that the City Council consider adopting a resolution vacating the easement under the California Streets and Highways Code.

Sustainability Impact
Goal two in the Cupertino Climate Action Plan is to encourage alternative transportation. Supporting measure C-T-1 is to continue to encourage multi-modal transportation, including walking and biking, through safety and comfort enhancements in the bicycle and pedestrian environment.

The General Plan includes policies that promote connectivity and mobility:
 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.
 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 city.

Fiscal Impact
The permit application fee for an easement vacation of this type is $4,368, but the fee is being waived for this application per City Council direction at the February 1, 2022, City Council meeting. City staff time and materials will be absorbed by the City. _____________________________________
Prepared by: Chad Mosley, Assistant Director of Public Works, and City Engineer Reviewed by: Jimmy Tan, Acting Director of Public Works Reviewed by: Dianne Thompson, Assistant City Manager
Approved for Submission by: Jim Throop, City Manager
Attachments:

A – Draft Resolution
B – Aerial Exhibit
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City of Cupertino Property Information
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Property Info Poly
Right of Way
City Boundary
2020 Aerial
Red: Band_1
Green: Band_2
Blue: Band_3
August 27, 2021
0 0.01 0.02 0.04mi
0 0.01 0.03 0.06km
1:1,128
The City of Cupertino does not guarantee the accuracy, adequacy, completeness or usefulness of any information. The City does not warrant the positional or thematic accuracy of the GIS data. The GIS data and cartographic digital files are not legal representations of the depicted data. Information shown on these layers Attachment B Attachment B
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Attachment C
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Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Attachment A
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Cupertino City CouncilSeptember 20, 2022

Cupertino City Council
September 20, 2022