Cupertino City Council
November 15, 2022

WHEREAS, the implementation of SB 9 without standards for the ministerial approval of development projects and lot splits would create a current and immediate threat to the public health, safety, or welfare, and therefore the City Council wishes to adopt an interim ordinance that will allow for the orderly and effective implementation of SB 9.

SECTION III
NOW, THEREFORE, BE IT ORDAINED:

That after careful consideration of facts, exhibits, testimony, and other evidence submitted in this matter, the City Council hereby adopts the Ordinance based on the findings described below, the public hearing, and the record, as follows:

Section 1. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.

Section 2. The City Council finds the following as set forth by Municipal Code Sections 19.152.020C and 19.152.030D:

1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City's Comprehensive General Plan (Community Vision 2040) and the proposed amendments are internally consistent with Title 19 of the Municipal Code.

The proposed amendments have been adopted in accord with the requirements of Title 19 and are proposed to implement SB 9 in a manner that is consistent with the requirements of the City’s General Plan and internally consistent with Title 19.

2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA).

Under Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to implement the requirements of SB 9 shall not be considered a project under CEQA.

The proposed ordinance is therefore exempt from CEQA.

3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

The proposed ordinance amendments are not being applied to any specific site, nor is it reasonably foreseeable which specific sites may elect to utilize the proposed ordinance amendments.

4. The proposed zoning will promote orderly development of the City. 526
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The proposed ordinance is intended to promote the orderly implementation of development permitted under SB 9.

5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels.

The proposed ordinance amendments are not being applied to any specific site, nor is it reasonably foreseeable which specific sites may elect to utilize the proposed ordinance amendments. The proposed ordinance will regulate the development of projects in single-family residential districts authorized under SB 9 to protect the health, safety, peace, morals and general welfare of persons residing in those districts.

Section 3. The City Council hereby approves the following amendments to the Cupertino Municipal Code:

1. Add a new Section 18.20.170 of the Cupertino Municipal Code to read as follows:

18.20.170 Ministerial Approval of Urban Lot Splits.

A. The Director of Community Development shall ministerially approve a parcel map application for an urban lot split if it meets the requirements of Government Code Section 66411.7 and conforms to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410). No public hearing shall be required.

Notice shall be provided to adjacent property owners (including those across any public or private street) fourteen days prior to any action on the proposed project. The decision of the Director of Community Development shall be final.

B. The Director of Community Development shall require an urban lot split pursuant to this section to comply with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcels created pursuant to this Section, to the extent that such standards do not conflict with Government Code Section 66411.7, including but not limited to the objective subdivision standards in Paragraph G.

C. Notwithstanding Paragraph A, the Director of Community Development may deny an urban lot split proposed pursuant to this 527
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Section, if the Building Official makes a written finding, based upon a preponderance of the evidence, that any housing development project proposed in connection with the lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. In addition to any other conditions established in accordance with this Section, the Director of Community Development may require any of the following conditions when considering an application for a parcel map for an urban lot split pursuant to this Section:

1. Easements required for the provision of public services and facilities.

2. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

E. Any lot created pursuant to this Section shall be limited to residential uses.

F. An applicant for an urban lot split shall provide proof, to the satisfaction of the Director of Community Development, that the property has not been occupied by a tenant in the three years preceding the submission of an application.

G. An applicant for an urban lot split pursuant to this Section shall sign an affidavit stating that the applicant intends to occupy a housing unit on one of the lots created as their principal residence for a minimum of three years from the date of the approval of the urban lot split; provided, however, that this Paragraph shall not apply to an applicant that is a community land trust, as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or is a qualified nonprofit corporation, as described in Revenue and Taxation Code Section 214.15.

H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to any applicable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Section 66411.7, a lot split approved pursuant to this 528
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Section must, to the maximum extent permissible under Government Code Section 66411.7, comply with the objective standards including but not limited to objective standards for urban lot splits set forth in Sections 19.28.060 and 19.40.050.

I. This Section shall remain in effect until such time as Government Code Section 66411.7 is repealed or superseded or its requirements for ministerial approval of lot splits are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

2. Amend or add the following definitions in Section 19.08.030 of the Municipal Code to read as follows:
“Bay window” means a projecting window element that is not an extension of the floor area and does not incorporate any useable space for seating or other purposes.

Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty-four inches from an exterior wall;
c. Be a minimum of twenty-four inches from the finished floor; d. Not create a projection of the floor;
e. Not occupy more than 50% of an exterior wall face.

These limitations do not apply to bay windows which have been counted towards floor area and meet required setbacks.
“Buildable Area” means the lot area in which structures may be located, not including required yard or access areas.
"Duplex" means a buildingresidential development, on a lot under one ownership, containing not more than two kitchens, designed and used as two attached or detached primary dwelling units, of comparable size, independent of each other, and having no internal connection. “Flat Yard Area” means a yard area graded to a slope of 5% or less, used for active or passive private recreation, not including a driveway. 529
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"Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following:

1. Halls;

2. Base of stairwells;

3. Base of elevator shafts;

4. Services and mechanical equipment rooms;

5. Interior building area above fifteen feet in height between any floor level and the ceiling above;

6. Residential Bbasements in the A, A1, R1 and RHS zoning districts with lightwells that do not conform to Section

19.28.070(I);

7. Residential basements in the R1 and RHS zoning districts on projects pursuant to Government Code section 65852.21

8. Residential garages;

9. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls;

10. Sheds and accessory structures.
“Floor area” shall not include the following:

1. Residential Bbasements in the R1 and RHS zoning districts with lightwells that conform to Section 19.28.070(I);

2. Required Llightwells;

3. Attic areas;

4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site;

5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls.
“Gable end” means the exterior wall that supports pitched roofs and is generally triangular in shape.
“Living space” means, for the purposes of Chapter 19.112, Section

19.40.090, and Section 19.28.150, the same as that set forth for “living area” in California Government Code Section 65852.2(j)(4). All attic and 530
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basement square footage proposed as part of an Accessory Dwelling Unit shall be limited by the maximum size allowed per Chapter 19.112. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

2. "Flag lot" means an interior lot with a long, narrow portion of the lot, having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width, that consists entirely of and provides the sole means of vehicular connection between the buildable area of the lot and an abutting street.

3. "Interior lot" means a lot other than a corner lot or a flag lot.

4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side lot line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

5. “Pie-shaped lot” means an interior lot, that is not a flag lot, where the front lot line abuts a cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot lines. "Lot depth" means the horizontal distance measured, removing all existing and future dedications, from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line.
“Private Open Space,” for the purposes of Section 19.28.150 and

19.40.090, means an area, excluding the required front setback, between the structure and the street property line occupied by active or passive recreation facilities (e.g., deck, patio, playground equipment, porch, swimming pool, etc.) provided it is open on at least two sides and not covered by a roof, patio cover, or canopy.
“Street Frontage,” for purposes of Chapter 19.28, means the length of the curb (or if a curb is absent, the length of the portion of the street paved 531
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with asphalt or similar material designed for automobile traffic) parallel and closest to a property’s front lot line.
“Substantially enclosed” means an area that is covered by a roof or ceiling that is not more than 50% open to the sky/elements and is surrounded by solid barriers that are at least six inches tall on three or more sides. Solid barriers do not include open railings that are no taller than 42 inches, decorative arches, or trellises. Railings and trellises shall have a visual transparency of more than 50%.

3. Amend Section 19.12.030 Approval Authority, subsection R-1 Ordinance Permits to add the following:

Type of Permit
or Decision A, B
Adminis
trative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expira
tion
Date E
Chapter/
Findings
Miscellaneous
Ministerial
Permit
F - - - None Adjacent Yes 1 year

19.28.150
and

19.40.090

4. Amend Section 19.12.030 Approval Authority, subsection Extensions to add the following:

Type of Permit
or Decision A, B
Adminis
trative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expira
tion
Date E
Chapter/
Findings
Miscellaneous
Ministerial
Permit
Not allowed

5. Amend Section 19.12.110 F of the Cupertino Municipal Code to read as follows:
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F. Posted Site Notice:

1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right-of-way in accordance with the requirements of Table

19.12.030.
a. Applicants must install a site notice in the front
yard of the subject site.
b. For all applications other than Two Story Permits,
Residential Design
Review, Miscellaneous Ministerial Permits, and
Tree Removal applications in R1 or R2 zones, if the
subject site has more than one property line
abutting a street, the applicant may be required to
install more than one notice.

2. The notice shall be a weatherproof sign, firmly
attached to 5-foot-tall posts and:
a. For Two Story Permits, Residential Design
Review, Miscellaneous Ministerial Permits, and
Tree Removal applications in R1 or R2 zones, shall
be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice,
shall be at least 4 feet tall and 6 feet wide.

3. The notice shall be placed at least 14 days prior to the decision/public hearing and shall remain in place until an action has been taken on the application and the
appeal period, if any, has passed.

4. The notice shall contain the following:
a. The exact address of the property, if known, or the
location of the property, if the address is not
known;
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of
the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing
building or new buildings, at least one of the
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following visual representations of the proposed
project:
i. A color perspective drawing or threedimensional (3-D) photographic simulation of the proposed project, in a size deemed
appropriate by the Director of Community
Development.
ii. For Two Story Permits, Residential Design
Review Permit, and Miscellaneous Ministerial
Permit applications, a color or black and white
perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed
project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for
applications that do not have a material change
in the physical appearance of the property.

6. Amend Section 19.12.110 of the Cupertino Municipal Code to add a new subsection G as follows:

G. Miscellaneous Ministerial Permit: For projects requiring notice of a Miscellaneous Ministerial Permit, notice shall be mailed in accord with subsection 19.12.110A(4) and posted on the property, fourteen calendar days prior to the date of action on the application.

7. Amend Section 19.12.170 of the Cupertino Municipal Code to read as follows:

F. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. No appeal of a Miscellaneous Ministerial Permit shall be allowed.

8. Amend Section 19.28.040 of the Cupertino Municipal Code to read as follows:
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Planning permit required prior
to building permit application
Approval
authority
Type of Project
A.None
Admin.

One-story, single-family project that does
not require exception or variance from the
requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration

1. One-story encroachment into a
required rear yard setback, subject to
requirements of Section 19.28.070

2. One-story extension of an existing side
yard nonconforming building wall
line, subject to requirements of Section

19.28.100 in all districts except R1-a

3. One-story project with a gable end of a
roof enclosing an attic space projecting
outside the building envelope , subject
to requirements of Section 19.28.070 or

19.28.080

4. New or expanded second story deck or
balcony with views into neighboring
residential side or rear yards in all
districts except R1-a or on any project
previously developed pursuant to
Government Code Section 65852.21

5. Any active or passive solar structure
that requires variation from the setback
or height restrictions of this chapter,
provided that provided that no such
structure shall infringe upon solar
easements or adjoining property
owners

6. One or two-story addition or new
home on a sloped single-family
residential lot with development on
building pads/graded areas with actual
slopes equal to or greater than 20% and
with total floor area ratio of all
structures on the lot greater than 35%
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Planning permit required prior
to building permit application
Approval
authority
Type of Project
C. Director’s Minor
Modification, pursuant to
Chapter 19.12, Administration
Encroachment of porch elements into the
required front yard setback in the R1-a
zone, subject to the requirements of Section

19.28.100.

D.Two-Story Permit, pursuant to
Chapter 19.12, Administration
Two-story addition or new two-story home
in all districts that do not require
Residential Design Review per Section

19.28.040 (I) except in an R1-a zone.

E. Residential Design Review,
pursuant to Chapter 19.12,
Administration
Admin.
with
design
review
Two-story addition or new two-story home
in all districts except R1-a where:

1. Second floor to first floor area ratio is
greater than 66%, except any second to
first floor ratio for development on
building pads/graded areas with actual
slopes equal to or greater than 20%;
and/or

2. Where second story side yard
setback(s) are less than 15 feet to any
interior side property line
DRC
with
design
review
Two-story addition, new two-story home,
and/or second story deck in the R1-a zone
F. Exception, pursuant to
Chapter 19.12, Administration
& Section 19.28.130,
Exceptions DRC
One or two-story project requesting an
exception from Sections 19.28.070
[Development Regulations (Building)],

19.28.080 [Eichler R1-e Building Design
Requirements], and/or 19.28.110
[Landscape Requirements].

G.Hillside Exception, pursuant
to Chapter 19.12,
Administration PC
Development (area greater than 500 square
feet) on slopes greater than 30%
H.Architectural and Site
Approval, pursuant to
One or two-story addition or new home on
a sloped single-family residential lot with
development on building pads/graded
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Planning permit required prior
to building permit application
Approval
authority
Type of Project
Chapters 19.12,
Administration
areas with actual slopes equal to or greater
than 20% and where the cut plus fill of the
site exceeds 2,500 cubic yards
I. Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home
in an R1 zoning district with an “i” suffix
J. Miscellaneous Ministerial
Permit
Admin 1. New one or two-story duplex project
in an R1 zoning district pursuant to
Government Code Section 65852.21

2. New one or two-story single-family
home, secondary principal dwelling
unit, or two-story addition in an R1
zoning district pursuant to
Government Code Section 65852.21

9. Amend Section 19.28.060 of the Cupertino Municipal Code to read as follows:

R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
A. Minimum
net lot area 1
i. 5,000
square feet
ii. the number
multiplied by 1,000
square feet
iii. 10,000 square feet
iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet.

B. Minimum lot
width (at the
front setback
line)
i. 50 feet ii. 60 feet iii. 75 feet
iv. For lots created pursuant to the provisions of Government Code Section 64411.7:
a. No more than two new, non-curved property lines may
be added to create a new lot.
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R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii) more than 75 feet of street frontage and a lot depth of up to 145 feet shall result in lots with : resulting lots shall have a street frontage that is between at least 40-60% of the lot
widthexisting street frontage of the lot being
subdivided. Resulting lots shall have a side-by-side
orientation and shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side
orientation and shall not create a landlocked parcel; or ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property
line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage.
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R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
C. Landscaping i. See Chapter 14.15, Landscape
Ordinance.
ii. At least 50% of the front yard of
any project approved pursuant to
Chapter 19.28.150 shall be occupied
by non-hardscape landscaping.
iii. Landscaping plans are
required for all additions
or new homes. The
purpose of the
landscaping is to beautify
the property and to
achieve partial screening
of building forms from
the street and adjacent
properties. Generally, the
landscaping may include
shrubbery, hedges, trees,
or lattice with vines on
fences.
iv. At least 50% of the
front yard of any project
approved pursuant to
Chapter 19.28.150 shall
be occupied by nonhardscape landscaping.

D. Development proposed on building pads /graded area with slopes equal to or greater than 20%

1. Total site
grading (cut
plus fill) 2, 3
i. 2,500 cubic yards maximum.
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19.28.040 (H). iii. For projects proposed pursuant to Government Code
Sections 64411.7 and/or 65852.21, total site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
iv. For projects proposed pursuant to Government Code
Sections 64411.7 and/or 65852.21, flat yard area created by grading areas that are sloped more than 10% shall be
limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision.
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R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a

2. Fences See Chapter 19.48, Fence Ordinance
E. Development
(structures,
improvements, or
grading)

1.On actual
slopes ≥ 30%
i. Limited to 500 square feet.
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in
accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is permitted on lots developed pursuant to Section 19.28.150.

2. For projects
proposed
pursuant to
Government
Code Sections
64411.7 and/or
65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an average slope of:
a. Less than five percent shall not result in a change in grade elevation by more than 12 inches from existing natural
grade.
b. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches from existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet from existing natural grade.
ii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the
minimum extent necessary to ensure adequate drainage
and access as demonstrated by a grading and drainage
plan prepared by a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing
grading and drainage pattern of the site.
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R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade.

F. On-site
improvements
All properties shall provide a 4.5-foot-wide pathway, a 4.5- footwide planting strip, curb and gutter, curb cut, AC
pavement, and underground utilities at the street as follows:
i. Detached pathway when a property on either side of the subject property has a detached pathway;
ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway
iii. When properties on either side of the subject property do not have a pathway, a pathway that matches the predominant pattern of pathways on the street, as determined by the City Engineer, shall be provided,
unless the subject property has a “semi-rural”
designation adopted by City Council resolution.
iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this
paragraph.

G. Driveways
for
developments
pursuant to
Government
Code Section
64411.7 or
65852.21

1. For interior lots with a street frontage of 35 feet or less, no more than a one-car wide driveway curb cut shall be
permitted. A distance of at least 22 feet shall be provided between two, one-car wide curb cuts, else, a shared
driveway curb cut, no more than a two-car curb cut, may be provided.

2. Unless subject to subsection (3) below, for interior or pieshaped lots with a street frontage of more than 35 feet: a maximum two car driveway curb cut is permitted provided a distance of at least 22 feet is provided between existing and proposed driveway flares, else the driveway curb cut shall be limited to a one-car driveway curb cut.

3. When an Urban Lot Split results in a flag lot, the two resulting lots shall share vehicular access off of the access area of the resulting flag lot, unless one of the lots is a new interior lot with a minimum street frontage of 50 feet. The 541
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R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on
either side. A maximum two car driveway curb cut is
permitted at the right of way. No other curb cuts shall be permitted.

4. Where a shared driveway (not through a flag lot) is
proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two car curb cut shall be permitted.

5. Where shared driveway access through a flag lot is required and would provide access to new development, the
driveway access for front lot shall be located in the rear 50% of the property.

6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant to
Government Code Section 65852.21, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence.

7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.

8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.

9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation.

10. 10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements,
stormwater treatment, landscaping and private utilities, prior to final parcel map recordation.

H. Easements
and Covenants
required for

1. Utility easements shall be recorded prior to final parcel map recordation.
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Notes:
1 Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.
2 Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g., two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.
3 All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained.

10. Add a new Section 19.28.150 of the Cupertino Municipal Code to read as follows:

19.28.150 Ministerial Approval of Up to Two Units.

A. Issuance of Miscellaneous Ministerial Permit. The Director of Community Development shall ministerially approve up to two residential units on a parcel in an R-1 single-family residence district or R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
subdivisions
pursuant to
Government
Code Section
64411.7

2. A covenant necessary for maintenance of stormwater
treatment facilities shall be recorded prior to final map recordation.
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R-1 zoned Planned Development Zoning District if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all applicable objective zoning standards, objective subdivision standards, and objective design review standards.

B. The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, General Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the objective zoning and design standards in Paragraph E.

C. Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. Application and Fees. An application on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficiently recover the cost of administering the requirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the proposed project.

E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, 544
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including but not limited to the following standards for ministerial development projects:

1. Development
Standards
(Gov. Code, §
65852.21)
a. Except as otherwise provided herein, units
shall not exceed 800 square feet per unit and
shall comply with Paragraph B, above.
b. The floor area of the larger unit in a duplex
development proposed pursuant to this
Section shall be no more than 200 square feet
greater than the smaller unit of the duplex
development.
c. Notwithstanding subparagraph (a),
development pursuant to this Section may
have a maximum Floor Area Ratio of up to
45% of the net lot area, and a maximum Lot
Coverage of 45% of the net lot area plus an
additional 5% for roof overhangs, patios,
porches, and other similar features not
Substantially Enclosed, if it complies with
the requirements of Paragraph B and
subparagraphs 2 through 16 of this
Paragraph; provided, however, that a
housing development project on a lot having
a slope 30% or greater shall not exceed the
floor area allowed under Chapter 19.40.

However, under no circumstances shall the
size of any ministerially approved unit
exceed 2,000 square feet of living space.
d. If the site has been occupied by a tenant in
the last three years, no more than 25% of the
exterior walls of an existing unit shall be
demolished.
e. If no dedication was required for creation of
the lot, the project shall include a dedication
to accommodate the predominant public
right of way, as determined by the City
Engineer, abutting the corresponding lot line
and frontage improvements, including curb,
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gutter and sidewalk shall be installed by the
applicant.

2. Second to
First Floor
Area Ratio:
a. The ratio of the second story to first story
floor area shall not exceed 50% except that:
i. In all R1 zoning districts except the R1-a
district:

1. The ratio of the second story to first
story floor area may exceed 50%, up to
a maximum of 66%, if a combined
first-story side setback of 15 feet (with
no first- story side setback less than
five feet), second- story side setbacks
of at least 15 feet each, a rear setback of
20 feet on the first story and a rear
setback of 25 feet on the second story
are provided.,
ii. In the R1-a zoning district:

1. The maximum ratio of the second
story to first story floor area is 40%
but no larger than 500 square feet,
except where allowed below;

2. A second floor may exceed 500 square
feet, but shall not in any case exceed
1,100 square feet, if first-story side
setbacks of at least 10 feet each , a
combined second-story side setback
of 35 feet (with no second story side
setback less than 15 feet), and a rear
setback of 20 feet for the first story
and 40 feet for the second story are
provided.
b. Interior areas (measured from the finished
floor to the top of the roof rafters) with
heights greater than 16 feet shall be double
counted as floor area as follows:
i. For one story homes, the floor area shall be
double counted as first floor area.
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ii. For two story homes, the floor area shall be
counted once each for first and second
floor area.

3. Setbacks: a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or
zoning map except that:
i. In the R1-a zoning district, the required
minimum setback is 30 feet.
ii. Garages with up to two parking spaces
shall be set back two additional feet
from the face of the living area of the
unit, not including a front entry feature
or porch.
iii. Third car garage spaces:

1. On lots when the garage is visible
from the street: parking shall be
provided in tandem or in a detached
accessory structure at the rear of the
property.

2. On flag lots or on side-oriented
garages located at the rear of the
principal unit: a third parking space
may be on the same wall plane as the
other two parking spaces.
b. Minimum second-story front setback is 25
feet except that:
i. In the R1-a zoning district, the required
minimum setback is 30 feet.
c. Minimum first- and second-story side and
rear setbacks shall be four feet each;
provided, however, that:
i. No setbacks shall be required for an
existing structure or for a structure
constructed in the same location and to
the same dimensions as an existing
structure.
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ii. No new or expanded structures shall
encroach upon any existing public or
private utility easements.
iii. No setback shall be required from a
shared new side lot line between the
two new lots created pursuant to an
Urban Lot Split under Government
Code Section 66411.7 when:

1. More than one new primary
dwelling unit is approved
concurrently with an Urban Lot
Split; and

2. Units with a zero-foot setback are
developed concurrently; and

3. All other side yard setbacks are a
minimum of five feet on the first
story and 10 feet on the second
story; and

4. The entirety of wall faces along the
shared property line are
structurally attached; and

5. Structures along the new shared
property line are no more than zero
feet or less than four feet.
iv. The required building envelope shall
not apply to the portions of structures
with a zero-foot setback.
d. Corner Triangle: No portion of a structure
shall be located within a corner triangle,
provided that in no case shall a side yard
setback of more than four feet be required.
e. Detached primary residential structures:

Detached structures located on the same lot
shall have a setback of five feet as measured
between the eaves of the two structures.

4. Maximum
height:
a. Principal Dwelling units are limited to 28
feet in height and no more than two stories
except that:
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i. In R-1 Zoning Districts with “i" suffix,
buildings shall be limited to one story (not
to exceed 18 feet).
b. First-story building envelope: All the
maximum exterior wall height and building
height on single-story structures and singlestory sections of two-story structures must fit into the building envelope defined by:
i. A 9-foot-high vertical line from natural
grade measured at the property line; and
ii. A 25-degree roof line angle projected
inward at the 9-foot-high line referenced
above;
Notwithstanding the first-story building
envelope, a gable end of a roof enclosing an
unfinished attic space may have a maximum
wall height of 13 feet to the peak of the roof
as measured from natural grade.
c. Second-story building envelope: All the
maximum exterior wall height and building
height on two-story sections of two-story
structures must fit into the building
envelope defined by:
i. A 15-foot-high vertical line from natural
grade measured at the property line; and
ii. A 25-degree roof line angle projected
inward at the 15-foot-high line referenced
above.
d. Notwithstanding subsections (b) and (c)
above, portions of the structures developed
utilizing the provisions of subsection (3)(c)
above, do not have to meet the first story or
second story building envelope
requirements.

5. Basements: Not allowed.
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6. Landscaping
and Privacy
Protection:
a. Landscaping: All proposed landscaping shall
meet the requirements of Chapter 14.15 of the
Municipal Code
i. Front Yard Tree Required: A 24-inch box
California native tree that typically grows
to a mature height of more than 30 feet is
required for all two-story homes and
must be placed in the center 50% of the
front yard.
ii. An existing mature tree in the front yard
that is or can typically grow to a height of
30 feet of more and is located in the center
50% of the front yard can be used as the
front yard tree, subject to an ISA certified
arborist certifying that the tree is in good
health.
iii. A covenant shall be recorded to identify
the front yard tree as a Protected Tree and
notifying current and future property
owners to retain and maintain the tree in
good health.
b. Privacy Protection planting for windows
from second story windows shall be required
in the same manner as required pursuant to
Section 19.28.120, except as provided below:
i. Windows or other openings in the wall
with a side yard setback less than 10 feet
shall have a minimum windowsill height
of five feet one inch or shall have obscure
glass and be inoperable with a fixed
pane(s).
ii. Windows or other openings in the wall
with a rear yard setback less than 25 feet
shall have a minimum windowsill height
of five feet one inch, or shall have obscure
glass and be inoperable with a fixed
pane(s).
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iii. Subsections (a) and (b) do not apply to
skylights or windows which do not have
views into an adjacent side or rear yard or
that face a street or a non-residential zoning
district.
iv. Minimum planter width required for
privacy planting shall be three feet.

Emergency access paths shall not be
concurrent with areas designated as
privacy planting planters.

7. Private open
space:

Each unit must provide at least 15% of the unit
floor area as private open space on the first floor,
with no dimension less than 10 feet. Private
open space shall not be located in the required
front yard setback area.

8. Permitted yard
encroachments
:
a. Front entry features, but not porches, may
encroach into a required front yard setback
up to three feet.
b. May extend into a required yard a distance
not exceeding three feet.
c. No architectural feature, or combination
thereof, whether a portion of a principal or
accessory structure, may extend closer than
three feet to any property line.
d. Architectural features may not exceed 50% of
the wall they are on, as measured from the
interior wall surfaces.

9. Second story
decks,
balconies, or
similar
features
Not allowed.

10. Design
standards:
a. Entry features:
i. A maximum of one entry feature per unit
is allowed and no more than one entry
feature per structure shall be allowed.
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ii. The entry feature shall be oriented to face
the street and shall include a front entry
door also oriented to face the street.
iii. Maximum entry feature height is 14 feet
as measured from natural grade to the top
of the plate.
iv. If a duplex with attached units is
proposed, a proposed entry feature may
incorporate two entrance doors for the
two units. One of the entrance doors or a
common opening into a shared entry
portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots,
the entrances to the two units shall be on
different street frontages, except that if
the corner lot fronts a major collector,
both the entrances may be located on the
minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is
proposed, the porch shall be proportionately
greater in width than in height.
i. Porch elements shall have detailing that
emphasizes the base and have caps for
posts and fence elements of the porch.
c. Exterior and/or uncovered stair access shall
not be allowed to the second floor.
d. All new structures proposed in the R1-e
zoning district shall meet the building
design requirements in Section 19.28.080 and
shall meet the Eichler design guidelines.
e. In the R1-a zoning district, the second story
shall not cantilever over a first story wall
plane.
f. In addition to standards outlined in
subsections (1) – (9) above, development on
properties with an average slope greater than
10% shall comply with Section 19.40.050 (F),
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(G), and (I) and Section 19.40.060(E), (H), (I)
and (J).
g. Windows and doors shall either:
i. Have a minimum three-and-one half
inch in width by three-quarter inch in
depth trim when protruding from the
wall or
ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
window glazing or door by not less than
two-inch depth.
h. All garage doors shall be recessed a
minimum of six (6) inches from the
surrounding building wall and shall include
trim of at least one and a half (1.5) inches in
depth.
i. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
j. Detached structures on a lot must use the
same architectural style and materials.
k. Where the garage faces the side yard, but is
visible from the street, the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must
be the same as the windows on the habitable
dwelling unit(s).
l. Enclosed living area shall be closer to the
street than garage space. Garages shall be set
back as identified in subparagraph (3) above.
m. No more than fifty percent of the front
elevation of a house shall consist of garage
space.
n. The maximum width of a garage on the front
elevation shall be 24 feet for a two-car garage.
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o. Garage doors for no more than two car spaces
shall be visible from the public right of way.
p. Outdoor lighting shall comply with the
requirements of Chapter 19.102.
q. The elevation facing a street shall
incorporate at least four architectural
features, such as bay windows or an entry
feature, and/or elements of architectural
interest, such as wall insets or offsets,
planters, railings, trellises, a combination of
roofing elements (e.g., hip and gable roofs),
dormers, change in architectural materials,
quoins, accent tiles, or an accent window
inset greater than six inches. Windowsills,
door or window trim, and roofing materials
do not count as one of the features.
r. Gable ends and dutch gable ends taller than
thirty inches shall include at least one
element of architectural interest such as:
 a wall offset with corbels, brackets or
change in materials;
 louvered wood or metal vents;
 clay or terracotta tile vents;
 accent tile decoration;
 medallion decoration;
 metal grille;
 a change in architectural materials;
 incorporation of corbels;
 decorative gable pediments;
 eyebrow trellises or pergola structurally
attached to the building or
 windows/glazing.
s. Stone veneer or accent materials used as a
wainscot on a street facing façade shall be
wrapped around to the side façade and end
at a logical terminus, such as a fence line or a
chimney or at an interior corner.
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t. Stone veneer or any other siding material
wrapped on columns shall terminate at the
floor.

11. Accessory
buildings/
structures:
a. Allowed pursuant to the requirements of
Chapter 19.100, except that Accessory
Dwelling units or Junior Accessory Dwelling
units shall not be permitted on any lot in the
R-1 zoning district if a lot split has been
approved pursuant to Section 18.12.70 and
one or more unit(s) have been approved for
construction pursuant to Section 19.28.150 on
each resulting lot.
b. Limited to one story (not to exceed 15 feet)
c. Accessory Dwelling Units shall meet
subsections (1) and (2) above and shall
additionally be in compliance with the
regulations of Chapter 19.112.
d. Air conditioning units and similar
mechanical equipment such as generators,
sump pumps, heating, and ventilation
equipment shall be ground-mounted and
screened from public view or underground,
and shall meet accessory structure setbacks
and adhere to the requirements of Chapter

10.48 of the Municipal Code

12. Fences Shall comply with the requirements of
Chapter 19.48 of the Municipal Code.

13. Refuse,
recycling and
other
containers
a. A minimum 8-foot by 3-foot space per unit,
not visible from the street, shall be provided
in an interior yard behind a fence.
b. This area shall not be concurrent with any
emergency access pathway required by the
Fire Department.

14. Parking a. Units shall have at least one off-street parking space, except that parking
requirements shall not be imposed in either
of the following instances:
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i. The parcel is located within one-half mile
walking distance of either a high-quality
transit corridor, as defined in Public
Resources Code Section 21155(b) Code, or
of a major transit stop, as defined in
Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within
one block of the parcel.
a. Parking space(s) shall be provided in an
enclosed garage encompassing 10’ by 20’
space for each space unobstructed (i.e., by
walls, appliances, etc.) between six inches
from finished floor up to six feet from
finished floor.
b. When additional enclosed parking space(s)
is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.

15. Driveway and
curb cuts:
a. A one car driveway shall be a minimum of 10
feet in width and a maximum of 12 feet in
width.
b. A two-car driveway shall be a maximum of
20 feet in width. Any third or more driveway
spaces shall be in tandem.
c. Subparagraphs a and b do not apply to the
flag lot access area.
d. When a two-car curb cut is permitted, a
maximum 18’ foot wide curb cut shall be
allowed.
e. When a one-car curb cut is permitted, a
maximum 12’ foot wide curb cut, shall be
allowed.

16. Short Term
Rentals
Prohibited:

No residential unit created pursuant to this
Section may be rented for a term of 30 days or
less.

F. This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for 556
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ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

G. Any dwelling unit approved pursuant to this Section shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied by the Department of Community Development.

11. Amend Section 19.40.050 of the Cupertino Municipal Code to read as follows:

A. Density

1. Dwelling Unit
Density
Determined by Appendix F of the General Plan based
upon slope density standards described therein.

2. Transfer of
density credits
Density credits derived from application of a slope
density formula to a lot or a group of lots may not be
transferred to property outside any approved
subdivision or parcel map boundary.

B. Minimum Lot Area

1. By zoning
district symbol:

Lot area shall correspond to the number (multiplied
by one thousand square feet) following the RHS
zoning symbol.

Examples:

RHS-20: Minimum lot size of 20,000 square feet (20 *
1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square feet (120
* 1,000 s.f.)
RHS-218: Minimum lot size of 218,000 square feet (218
* 1,000 s.f.)
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2. For subdivision Minimum lot area shall be in accordance with Appendix F of the General Plan, unless clustered in
accordance with Section 18.52.030 (Hillside
Subdivisions). The minimum lot area shall be 10,000
square feet for each unit in a clustered subdivision.

3. Subdividable
lots
Lot size zoning designation shall be assigned at time
of subdivision for properties not subdivided
pursuant to Government Code Section 64411.7.

4. Nonsubdividable
legally-created,
developed lots
Shall reflect the existing lot size

5. Lots created
and / or
developed
pursuant to
Government
Code Section
64411.7 and
65852.21
a. Each resulting lot shall be at least 40% of the size of the original lot being split.
b. Each resulting lot shall share one common
driveway. If an existing driveway or curb cut
exists, a new driveway or curb cut location shall
not be approved.
c. Up to two new property lines may be added to
create a new lot and shall follow the contours of
the property.
d. If in an area where direct sanitary sewer
connection is unavailable, a percolation test
completed within the last five years, or if the
percolation test has been recertified, within the
last 10 years, must be provided.
e. Building pads shall be identified on the flattest
portion of a lot, closest to an existing driveway.

Where no driveway exists, building pads shall be
identified on the flattest portion of the lot, closest
to the access road unless doing so would result in
a combined grading total greater than that
required for siting elsewhere on the lot. In those
cases, building pads shall be sited so as to result in
the minimum required grading to develop two
units of up to 800 square feet each.
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f. No side or rear setbacks shall be required for an
existing structure or for a structure constructed in
the same location and to the same dimensions as
an existing structure.
g. No new or expanded structures shall encroach
upon any existing public or private utility
easements.

C. Minimum Lot
Width
a. 70 feet at front setback line.
b. No minimum lot width for lots served by private
driveway and which do not adjoin a public street.

D. Development
on Substandard
Lots
A Hillside Exception shall be obtained to construct
structures or improvements on existing vacant legal
lots, except where prohibited by Government Code
Section 65852.21.

E. Site Grading

1. Maximum
Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.

Includes: grading for building pad, yard areas,
driveway and all other areas requiring grading.

Excludes: basements
b. All cut and fill shall be rounded to contour with
natural contours and planted with landscaping
which meets the requirements in Section

19.40.050G
c. For each of the lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, a cumulative total of 1,250 cubic yards,
cut plus fill (including grading for building pad,
yard areas, driveway, all other areas requiring
grading, and basements), except if the original lot
that was subdivided has already performed prior
grading, then the amount of grading that has
previously occurred shall be reduced from the
maximum grading quantity allowed cumulatively
on the two resulting lots.
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d. Unless required by the City Engineer or to meet
Fire Code requirements, grading activity on lots with
an average slope of:
i. Less than five percent shall not result in a
change in grade elevation by more than 12
inches from existing natural grade.
ii. Between five and ten percent shall not result
in a change in grade elevation by more than 24
inches from existing natural grade.
iii. Ten percent or more shall not result in a
change in grade elevation by more than three
feet from existing natural grade.
e. In all cases, the following shall apply:
i. Change in grade elevation shall be limited
to the minimum extent necessary to ensure
adequate drainage and access as
demonstrated by a grading and drainage
plan prepared by a registered civil
engineer.
ii. Split level designs shall be used to avoid
additional change in grade elevation.
iii. Unless otherwise required by the City
Engineer, spoils shall be balanced on site
and shall match the existing grading and
drainage pattern of the site.
iv. Unless required by the City Engineer,
development shall not result in a finished
floor more than 36 inches above finished
grade.

2. Graded Area a. Shall be limited to the building pad area to the greatest extent possible.
b. For lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21,
graded areas are limited to within 50 feet of the
building pad area.
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3. Multiple
Common
Driveways
Grading quantities shall be divided equally among the
participating lots.

E.g., two lots sharing a driveway shall divide the
driveway grading quantity in half. The divided share
will be charged against the grading quantity allowed
for that lot development.

4. Flat Yard Area a. Limited to a maximum of 2,500 square feet, excluding driveways
b. For lots developed or created pursuant to
Government Code Section 64411.7, limited to a
maximum of 1,250 square feet per lot, excluding
driveways, except as limited by subsection (I).

5. Soil Erosion
and Screening
of Cut and Fill
Slopes Plan
A licensed landscape architect shall review grading
plans and shall, in consultation with the applicant and the City Engineer, submit a plan to prevent soil
erosion and to screen cut and fill slopes.

F. Landscaping

1. Tree Planting
Plan
Shall be prepared by a licensed landscape architect
to:
a. Screen the residential structures to the greatest
possible extent from the following prominent
intersections.

For projects pursuant to Government Code Section
65852.21, no more than 50% of the visible wall face
surface area shall be visible from the following
prominent intersections:
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.

A visual simulation from each of the intersections
above shall be provided to indicate compliance.
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b. Reintroduce trees on barren slopes which were
denuded by prior agricultural activities

2. Landscape
Requirements
Must comply with the Chapter 14.15, Landscaping
Ordinance and Wildland Urban Interface Fire Area
(WUIFA) requirements.

At least 50% of the front yard area shall be
landscaped (i.e., not hardscaped)

3. Installation of
Landscape
Improvements
Must be installed prior to final occupancy unless it is not practicable. If not installed, the applicant shall post a bond, cash or other security to insure cover the cost of installation within an 18-month period from
occupancy.

4. Landscape
Maintenance
All such landscape areas shall be properly maintained
in conformance with the requirements of Chapter

14.15, Landscape Ordinance.

5. Native Trees Should be integrated into the site design to the greatest extent possible.

G. Watercourse Protection

1. Watercourse
and Existing
Riparian
Vegetation
Any watercourse identified in Figure 6-G in the City’s
General Plan and its existing riparian vegetation must
be shown on all development plans.

2. Setback
The setback shall be measured from the top of bank of
the watercourses or from existing riparian vegetation,
whichever is greater. The setback from riparian
vegetation will be measured from the drip line
perimeter.

All new development, including structures, grading
and clearing, must be set back as follows.
a. Lots < 1 acre 50 feet
b. Lots ≥ 1 acre 100 feet
H. Development Near Prominent Ridgelines

1. New structures Shall not disrupt a 15% site line from a prominent ridge as identified in Appendix A. The fifteen percent
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site line shall be measured from the top of ridge at the closest point from the structure.

2. Additions to
existing
structures
within the 15%
site line of
prominent
ridgeline
a. MayShall not further encroach into the site line. For example, the addition may not add height or bulk
which may increase the disruption to the fifteen
percent ridgeline site line.

3. Impractible
Clause
If (1) and (2) above are not practicable, alternatives
may be considered through the exception process,
provided that no discretionary exemption process is
allowed for projects seeking approval under
Government Code Section 65852.21.

I. Development
on Slopes of ≥
30%
a. Hillside Exception required for all grading,
structures and other development > 500 square feet,
except that on lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, grading, building pads for structures and
other development is limited to a maximum of 500
square feet for each lot.
b. If the lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21
have no areas with slopes less than 30% that can
accommodate up to two units of 800 square feet
each, grading for building pads for structures is
limited to 800 square feet. No other development
shall be permitted on such lots (e.g. development
for flat yard area), unless required by the City
Engineer.

J. Trail Linkages
and Lots
Adjoining
Public Open
Spaces Site
Plan

1. a. Site plan must identify trail linkages as shown in the General Plan Trail Plan, on and adjacent to the
site.

2. b. If a trail linkage is identified across a property being developed, development shall not take place
within that area unless approved through the
exception process, except that on lots developed
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or created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur
in an area where a trail linkage is identified on
the property.

3. c. For lots adjoining Public Open Spaces,
driveways and buildings shall be located as far as
feasible from the Public Open Space and designed
in a manner to minimize impacts on the Public
Open Space, except that on lots developed or
created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur
within 50 feet of a Public Open Space unless
doing so would preclude the development of up
to two units of 800 square feet each
K. Views and
Privacy
It is not the responsibility of City Government to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that
may be affected by the structure under construction.

However, the Director of Community Development
may confer with the building permit applicant to
discuss alternate means of preventing privacy
intrusion and preserving views except that for lots
developed or created pursuant to Government
Code Sections 64411.7 and 65852.21, privacy
protection planting, as required pursuant to
Section 19.28.120, is required for views from the
second story into adjoining side or rear yards.

Windows or other openings in the wall with a side
yard setback less than 15 feet or a rear yard setback
less than 25 feet shall have a minimum windowsill
height of five feet one inch, or shall have obscure
glass and be inoperable with a fixed pane(s).

12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as follows:
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Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)

1. Maximum
Allowable
Development
a. Except as otherwise provided herein, a ministerially approved housing development project approved pursuant to this Section shall not exceed 800 square feet per unit. b. Notwithstanding Paragraph (a), a ministerially approved housing development approved pursuant to this Section may have a floor area as calculated in subsection (c) below, if it complies with the requirements of this Section; provided, however, that if the housing development is on a parcel created by a ministerial lot split under Chapter 18.20.170, the maximum allowable floor area for the original lot shall be allocated to each resulting lot equal to the proportionate size of each resulting lot to the original lot. However, under no circumstances shall the size of ministerially approved units exceed 2,000 square feet of living space. c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of:
a. i. 6,500 square feet; or
b. ii. 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square of net lot area, times the slope adjustment factor pursuant to Section 19.40.060(A)(2)*
*Formula = (4,500 + 



 Net Lot Area - 10000 
1000 (59.59)) x (Slope Adjustment Factor)

2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.

Slope
Reduction (1.5 x
(Average Slope – 0.1))
a. Average
Slope ≤ 10%
No reduction in allowable floor area
Slope Adjustment Factor = 1 ≤ 10% 0%
b. Average
Slope
between 10%
and 30%
A reduction in allowable floor area by
one and one-half percent (1.5%) for each
percent of slope over 10 percent.

Slope Adjustment Factor = (1 – (1.5 x
(Average slope of net lot area – 0.1))
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10.5%
18% 12%
19% 13.5%
20% 15%
21% 16.5%
22% 18%
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23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
c. Average
Slope ≥ 30%
Allowable floor area shall be reduced
by a constant 30 percent
Slope Adjustment Factor = (1 – 0.3)
≥ 30% 30%

3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for Common Open Space
a. Lot Area for calculating FAR May count a proportionate share of the reserved private open space to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cluster development can exceed forty-fivepercent floor area ratio, prior to applying the slope adjustment factor, when a portion of the private open space is attributed to the lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.

B. Height of Buildings and
Structures Limited to 30 feet
C. Setbacks
First Floor Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)

1. Front-yard
a. Slope ≤ 20% 20 feet Driveway and
garage must be
designed to
enable vehicles
to park offstreet
25 feet 25 feet
b. Slope > 20% 10 feet 25 feet 25 feet

2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
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b. Street Side on Corner Lot 15 feet 15 feet 20 feet
c. Lots developed pursuant to
Government Code Section
65852.21
4 feet 4 feet 4 feet

3. Rear-yard 20 feet 25 feet 25 feet
a. Lots developed pursuant to
Government Code Section
65852.21
4 feet 4 feet 4 feet
D. Second Story Decks and Patios Minimum Setbacks
First Floor Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)

1. Front Yard - 17 feet 17 feet

2. Side Yard - 15 feet 15 feet

3. Rear Yard - 20 feet 20 feet

4. Lots developed pursuant to
Government Code Section
65852.21
Not allowed.

E. Downhill Facing Elevation

1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First Floor
Downhill Wall Plane
i. Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane shall be setback and
ii. Not less than a five feet setbackoffset.
iii. The remaining 25% may not extend past (cantilever over) the first story wall plane.
b. Multiple Downhill Facing
Wall Planes Offset shall apply only the primary setback affected. c. Offset from First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first-story roofed porches.
ii. Roof of the porch must match, in pitch and style, the roof of the main structure.
iii. Porch must be at least 5 feet in width and extend the length of the wall on which it is located to be a qualifying offset feature. 567
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2. Maximum Exposed Wall
Height on Downhill Elevation 15 feet

3. Maximum Height of
Retaining Walls Facing
Downhill
a. For ministerial projects, the maximum height of retaining walls facing downhill slopes shall be five feet, unless placed behind a dwelling unit or other similar structure and shall not be visible from the public right of way, prominent intersections listed in Section 19.40.050(F)(1), nor face an adjacent property. In all cases, retaining walls shall be screened with landscaping.
b. For discretionary projects, the maximum height of retaining walls facing downhill slopes may be variable but every effort shall be made to stagger retaining walls to maintain heights at five feet or less. Retaining walls shall be screened with landscaping. Retaining walls taller than five feet visible from the public right of way, prominent intersections listed in Section 19.40.050(F)(1), or to adjacent properties shall additionally be faced with architectural materials such as stucco, stone, etc.

F. Permitted Yard Encroachments

1. Extension of a Legal Nonconforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line.
f. Shall not apply to properties developed or created pursuant to Government Code Section 65852.21 and 64411.7.
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2. Architectural Features
a. May extend into a required yard a distance not exceeding three feet.
b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line.
c. Second story decks or balconies may not further encroach into a required setback than allowed in Subsection D.

G. Accessory Structures
(including attached patio covers)
a. As allowed by Chapter 19.100, Accessory Buildings/Structures b. Lots created and developed with two units pursuant to Government Code Sections 64411.7 and 65852.21 may not
develop an Accessory Dwelling Unit or Junior Accessory
Dwelling Unit.
c. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment shall be ground-mounted and screened from public view or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code
H. Design Standards

1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural contour of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on the upslope side of the building and the roof pitches shall trend downslope.
c. Second Story Dormers Permitted within the second story setbacks as long as they are minor in shape and size.
d. Downhill Elevation of main
structure
Shall have a minimum of four offset building and roof elements to provide varied building forms to produce shadow patterns which reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes.

2. Colors
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a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/or vegetation colors which complement the natural surroundings. Natural earthtone and vegetation colors include natural hues of brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface

3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19.102.

4. Garages
All projects shall strive to attain, except that projects pursuant to Government Code Section 65852.21 shall attain, the following standards:
a. No more than 50% of the façade visible from the right of way shall comprise the garage.
b. A two car garage face shall not exceed 24 feet and a one car garage face shall not exceed 12 feet.
c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home except if only the garage and/or the entrance to the home, and no other livable portions of the home, are accessible from the street level. d. Third car spaces shall be provided in tandem or shall be provided in a detached accessory structure.

5. Entry Features
All projects shall strive to attain, except that projects pursuant to Government Code Section 65852.21 shall attain, the following standards:
a. Only one entry feature shall be permitted per structure and only one entry feature shall be visible from the public street. b. Duplexes shall have entrances to each unit on different frontages.
c. Entry features shall be limited to 14 feet in height from the natural grade to the top of wall plate.

6. Uncovered/exterior staircases Not allowed.

I. Geologic and Soils Reports
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1. Applicability
A geological report prepared by a certified engineering geologist and a soils report prepared by a registered civil engineer qualified in soils mechanics by the State shall be submitted prior to issuance of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been designated by the General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include at least one of the following:
i. The improvements include increasing the occupancy capacity of the dwelling such as adding a bedroom or secondary
Accessory Dwelling unit, or
ii. The cost of the completed addition, alteration or repairs will, during any period of twelve months, exceed twenty-five
percent of the value of the existing improvements as
determined by the building Building official Official based on current per foot value of the proposed structure to the existing structure's value on a parcel of property. For the purposes of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shall be determined by the building Building officialOfficial.
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2. Content of Reports
These reports shall contain, in addition to the requirements of Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon the most current professionally recognized soils and geologic data;
b. The significance of the interpretations and evaluations with respect to the actual development or implementation of the intended land use through identification of any significant geologic problems, critically expansive soils or other unstable soil conditions which if not corrected may lead to structural damage or aggravation of these geologic problems both on-and off-site; c. Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damages to the proposed project and adjacent properties or to otherwise insure safe development of the property;
d. Recommendations for additional investigations that should be made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.

3. Incorporation of
Recommendations
All building and site plans shall incorporate the above-described corrective measures and must be approved by the City Engineer, upon a third-party peer review of the reports provided, at the applicant’s cost, prior to building permit issuance.

J. Private Roads and Driveways

1. Pavement Width and Design
The pavement width and design for a private road or common driveway serving two to five lots and a single-lot driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter 18.52 of this code.

2. Reciprocal Ingress/Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common driveway shall, prior to issuance of building permits, record an appropriate deed restriction guaranteeing the following, to adjoining property owners who utilize the private road or common driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
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K. Solar Design
The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of an Administrative Conditional Use Permit subject to Chapter 19.12, except that lots developed pursuant to Government Code Section 65852.21 shall not be eligible for such a discretionary permit.

L. Off-street Improvements
For lots developed pursuant to Government Code Section 65852.21, upon development of the lot, appropriate public right of way dedications shall be made to accommodate the predominant width of the street and street improvements shall be installed to the Public Works Departments standards.

M. Short Term Rentals
Prohibited.

No residential unit created pursuant to Government Code Section 65852.21 may be rented for a term of 30 days or less.

13. Add a new Section 19.40.090 of the Cupertino Municipal Code to read as follows:

19.40.090 Ministerial Approval of Up to Two Units.

A. Miscellaneous Ministerial Permit Required. The Director of Community Development shall ministerially approve up to two residential units on a parcel in an RHS residential hillside zoning district if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all applicable objective zoning standards, objective subdivision standards, and objective design review standards.

B. The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, General Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060. 573
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C. Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. Application and Fees. An application on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficiently recover the cost of administering the requirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the proposed project.

E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060 and the following:

1. Basements Not allowed.

2. Balconies,
decks or similar
structures
Not allowed.

3. Design
Standards
a. Windows and doors shall either:
i. Have a minimum three-and-one half inch
in width by three-quarter inch in depth
trim when protruding from the wall or
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ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
window glazing or door by not less than
two-inch depth.
b. All garage doors shall be recessed a minimum
of six (6) inches from the surrounding
building wall and shall include trim of at least
one and a half (1.5) inches in depth.
c. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
d. Detached structures on a lot must use the
same architectural style and materials.
e. Where the garage faces the side yard, but is
visible from the street, the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must
be the same as the windows on the habitable
dwelling unit(s).
f. Garage doors for no more than two car spaces
shall be visible from the public right of way.
g. The elevation facing a street shall incorporate
at least four architectural features, such as bay
windows or an entry feature, and/or elements
of architectural interest, such as wall insets or
offsets, planters, railings, trellises, a
combination of roofing elements (e.g. hip and
gable roofs), dormers, change in architectural
materials, quoins, accent tiles, or an accent
window inset greater than six inches.

Windowsills, door or window trim, and
roofing materials do not count as one of the
features.
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h. Gable ends and dutch gable ends taller than
thirty inches shall include at least one element
of architectural interest such as:
 a wall offset with corbels, brackets or
change in materials;
 louvered wood or metal vents;
 clay or terracotta tile vents;
 accent tile decoration;
 medallion decoration;
 metal grille;
 a change in architectural materials;
 incorporation of corbels;
 decorative gable pediments;
 eyebrow trellises or pergola structurally
attached to the building or
 windows/glazing.
i. Stone veneer or accent materials used as a
wainscot on a street facing façade shall be
wrapped around to the side façade and end at a
logical terminus, such as a fence line or a
chimney.
j. Stone veneer or any other siding material
wrapped on columns shall terminate at the
floor.

4. Private Open
Space
Each unit must provide at least 15% of the unit
floor area as private open space on the first floor,
with no dimension less than 10 feet.

5. Refuse,
recycling and
other containers
a. A minimum 8 foot by 3 foot space per unit, not
visible from the street, shall be provided in an
interior yard behind a fence.
b. This area shall not be concurrent with any
emergency access pathway required by the
Fire Department.

6. Parking a. Units shall have at least one off-street parking space, except that parking requirements shall
not be imposed in either of the following
instances:
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i. The parcel is located within one-half mile
walking distance of either a high-quality
transit corridor, as defined in Public
Resources Code Section 21155(b) Code, or
of a major transit stop, as defined in Public
Resources Code Section 21064.3.
ii. There is a car share vehicle located within
one block of the parcel.
b. Parking space(s) shall be provided in an
enclosed garage encompassing 10’ by 20’
space for each space, unobstructed (i.e., by
walls, appliances, etc.) between six inches
from finished floor up to six feet from
finished floor.
c. When additional enclosed parking space(s)
is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.

F. This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

G. Any dwelling unit approved pursuant to this Section shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied by the Department of Community Development.

14. Add a new Section 19.112.060 of the Cupertino Municipal Code to read as follows:

19.112.060 Accessory Dwelling Units Prohibited on Certain Lots. 577
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Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single-family residence district (R-1 or RHS) if an urban lot split has been approved pursuant to Section 18.12.70 and one or more residential unit(s) have been approved for construction pursuant to Section 19.28.150 or 19.40.090 (Government Code Section 65852.21).

Section 4. Development standards and other provisions to implement the provisions of Senate Bill 9 allowing for ministerial approval of housing development projects and lot splits in single family residential districts are necessary to protect public health, safety, and welfare of residents of the City of Cupertino. The City Council therefore finds that an interim ordinance adopted pursuant to Government Code Section 65858 is necessary prevent a current and imminent threat to the public, health, safety, and welfare.

Section 5. If any portion of this Ordinance or its application is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.

Section 6. Under Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to implement the requirements of Senate Bill 9 shall not be considered a project under the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq. Public Resources Code. The Ordinance is therefore exempt from CEQA.

INTRODUCED at a regular meeting of the Cupertino City Council on the 1st day of November, 2022; and
ENACTED at a regular meeting of the Cupertino City Council on this 15th day of November, 2022, by the following roll call vote:
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Vote Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
_ ________ __________
Darcy Paul, Mayor
City of Cupertino

__ _____ ____________________
Date
ATTEST:
_ ________ __________
Kirsten Squarcia, City Clerk

_____________________________
Date
APPROVED AS TO FORM:
_ ________ __________
Christopher D. Jensen, City Attorney

_____________________________
Date
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R1‐5 R1‐6, 7.5, 8, 10, 20,
etc., and R1‐6e
R1‐a

2. Fences See Chapter 19.48, Fence Ordinance
E. Development
(structures,
improvements, or
grading)

1.On actual
slopes ≥ 30%
i. Limited to 500 square feet.
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in
accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is permitted on lots developed pursuant to Section 19.28.150.

2. For projects
proposed
pursuant to
Government
Code Sections
64411.7 and/or
65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an average slope of:
a. Less than five percent shall not result in a change in grade elevation by more than 12 inches from existing natural
grade.
b. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches from existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet from existing natural grade.
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity shall not result in a change in grade elevation of more than 12‐inches from existing natural grade.
ii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the
minimum extent necessary to ensure adequate drainage
and access as demonstrated by a grading and drainage
plan prepared by a registered civil engineer.
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Ordinance No. 22‐2246

d. Unless required by the City Engineer or to meet
Fire Code requirements, grading activity on lots with
an average slope of:
i. Less than five percent shall not result in a
change in grade elevation by more than 12
inches from existing natural grade.
ii. Between five and ten percent shall not result
in a change in grade elevation by more than 24
inches from existing natural grade.
iii. Ten percent or more shall not result in a
change in grade elevation by more than three
feet from existing natural grade.
d. Unless required by the City Engineer or to meet
Fire Code requirements, grading activity shall not
result in a change in grade elevation of more than 12‐
inches from existing natural grade.
e. In all cases, the following shall apply:
i. Change in grade elevation shall be limited
to the minimum extent necessary to ensure
adequate drainage and access as
demonstrated by a grading and drainage
plan prepared by a registered civil
engineer.
ii. Split level designs shall be used to avoid
additional change in grade elevation.
iii. Unless otherwise required by the City
Engineer, spoils shall be balanced on site
and shall match the existing grading and
drainage pattern of the site.
iv. Unless required by the City Engineer,
development shall not result in a finished
floor more than 36 inches above finished
grade.
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CITY OF CUPERTINO
Agenda Item
22-11483 Agenda Date:
11/15/2022 Agenda #:

23. Subject: Consider the First Quarter Financial Report for Fiscal Year 2022-23

1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2022-23

2. Adopt Resolution No. 22-141 approving Budget Modification #2223-244 increasing appropriations by $1,806,337 and revenues by $920,149
Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager
CITY OF CUPERTINO Page 1 of 1 Printed on 11/10/2022
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1 CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider the First Quarter Financial Report for Fiscal Year 2022-23 Recommended Action

1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2022-23

2. Adopt Resolution #22-XXX approving Budget Modification #2223-244 increasing appropriations by $1,806,337 and revenues by $920,149
Fiscal Impact
On June 9, 2022, as part of the Final Budget Hearing and Adoption, the City Council approved the Fiscal Year (FY) 2022-23 Adopted Budget, a $130,587,325 spending plan funded by $130,244,157 in revenue and $343,168 in fund balance. The FY 2022-23 Adopted Budget reflected a $5.1 million increase from the FY 2022-23 Proposed Budget, mainly due to operating changes, the City Work Program, and the Capital Improvement Program.

Budget Actions Amount
Proposed Budget $ 125,461,857
Final Budget Hearing & Adoption
Operating Changes 799,268
City Work Program 844,000
Capital Improvement Program (Including Transfers) 3,482,200 FY 2022-23 Adopted Budget $ 130,587,325
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2 As part of the FY 2021-22 year-end close, additional funds were carried forward from FY 2021-22 to FY 2022-23 due to encumbrances of $13,280,075 and carryover appropriations of $65,916,968. The largest encumbrances were $7.4 million for capital projects and $2.3 million for Vallco Town Center (renamed The Rise), while the largest carryovers were $34.3 million for capital projects and $19.7 million for Vallco Town Center.

Encumbrances are outstanding commitments related to unfilled purchase orders or unfilled contracts that are rolled over to the following fiscal year until those obligations are fulfilled or terminated. Carryover appropriations are unencumbered funds for unfinished projects carried over to the following fiscal year to be spent for the same purpose for which they were approved. Lastly, the FY 2022-23 Amended Budget includes Council-approved budget amendments from July 1 to September 30, 2022 totaling $3,290,351. The Amended Budget at the end of the first quarter is $213,074,719 and is funded with $174,376,686 in revenue and $38,698,033 in fund balance and onetime funding sources. Budget amendments are summarized in the chart below. 584
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3 Appropriation Changes since the FY 2022-23 Adopted Budget Fund
FY 2022-23
Adopted Budget Carryovers Encumbrances
Adjustments
Approved in 1st
Quarter
FY 2022-23 Amended
Budget as of
September 30, 2022
General 95,167,779 23,785,988 5,041,683 2,228,580 126,224,030 Special Revenue 11,244,109 18,140,319 3,965,049 174,220 33,523,697 Debt Service 2,675,800 - - - 2,675,800
Capital Projects 3,633,600 22,285,752 3,688,943 650,000 30,258,295 Enterprise 9,003,331 1,154,594 118,032 102,909 10,378,866 Internal Service 8,862,706 550,315 466,368 134,642 10,014,031 Total All Funds $ 130,587,325 $ 65,916,968 $ 13,280,075 $ 3,290,351 $ 213,074,719 For detailed descriptions of budget amendments, please refer to Attachment C.

FY 2021-22 Year End Update
Revenues
The City is expected to end FY 2021-22 with total revenues of $167.4 million, which is $36.4 million less than budgeted, primarily due to the carryover of Vallco Town Center plan check and building inspection revenues. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized. Except for ongoing revenues to be carried over, the City’s revenues performed strongly in FY 2021-22.

FY 2021-22 Year End Actuals versus Amended Budget by Revenue Category Revenue Category
Amended
Budget Actual Variance ($) Variance (%)
05 - Sales tax 36,911,996 42,175,218 5,263,222 14%
10 - Property tax 27,840,341 29,724,411 1,884,070 7%
15 - Transient occupancy 3,000,000 4,404,958 1,404,958 47% 20 - Utility tax 3,245,447 3,356,389 110,942 3%
25 - Franchise fees 3,380,986 3,479,555 98,569 3%
30 - Other taxes 4,939,812 11,117,528 6,177,716 125%
35 - Licenses and permits 33,594,629 4,141,902 (29,452,727) -88% 40 - Use of money and property 1,960,428 (8,974,147) (10,934,575) -558% 45 - Intergovernmental revenue 17,967,786 9,718,143 (8,249,643) -46% 50 - Charges for services 26,074,036 26,546,349 472,313 2% 55 - Fines and forfeitures 235,000 373,722 138,722 59%
60 - Miscellaneous 4,381,648 2,670,622 (1,711,026) -39% 65 - Transfers in 38,262,654 38,032,654 (230,000) -1%
70 - Other financing sources 1,995,169 667,591 (1,327,578) -67% Total $ 203,789,932 $ 167,434,894 $ (36,355,038) -18%
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4 Sales Tax continued to outperform expectations due to strong performance from online sales and the City’s county pool allocation, as well as increases in restaurants and hotels and fuel and service stations. The restaurants and hotels group increased from last fiscal year due to the relaxation of prior pandemic-based restrictions. Fuel and service station revenues also increased due to high gas prices and increased travel compared to the prior fiscal year. The City’s share of the countywide use tax pool allocations declined due to taxpayer reporting changes and a shift in overall pool allocation as other agencies in the county realized larger growth. However, online sales and the county pool were solid sources of revenue in FY 2021-22.

Property Tax revenue came in $1.9 million higher than estimated. The City’s 2021-22 total net taxable property value increased approximately $1.0 billion or 3.5% over the previous year. This increase is predominantly attributable to increases in residential, commercial, and industrial property values.

Transient Occupancy Tax (TOT) revenue came in $1.4 million higher than estimated due to increased travel but was still significantly lower relative to pre-pandemic conditions.

Intergovernmental revenue came in lower than budgeted due to the timing of revenue recognition of American Rescue Plan Act (ARPA) funding. ARPA revenue began to be recognized in FY 2021-22.

Use of Money and Property is lower than budgeted because of decreases in the market values of the City’s fixed-income and Section 115 Pension Trust investment portfolios.

At the end of the fiscal year, the values of the City’s investments are adjusted to reflect the year-end market value. Market volatility has intensified as financial conditions tighten and global central banks pursue monetary policies to combat persistently high inflation and maintain financial market stability. Rising interest rates have decreased the market value of the City’s fixed-income investments, resulting in an unrealized loss for FY 2021-22. The market value of fixed-income investment fluctuates depending on interest rates. When interest rates increase after an investment is purchased, the market value of the investment decreases. At the time of purchase, the City intends to hold investments until maturity, so changes in market value do not affect the City's investment principal. The loss will only be realized if the City sells its investments before maturity. The Section 115 Pension Trust also declined in value in FY 2021-22 due to market volatility.

Miscellaneous revenues came in lower than budgeted due to outstanding Apple donations for 2016 Bike Plan projects. These revenues will be carried over and recognized as the projects are completed.
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5 Expenditures
The City is expected to end FY 2021-22 with total expenditures of $142.9 million, which is $17.3 million lower than budgeted. This excess budget is due to various savings achieved over several expense categories, as described below.

FY 2021-22 Year End Actuals versus Amended Budget by Expense Category Expenditure Category
Amended
Budget
Actual
Expenditures Variance ($) Variance (%)
05 - Employee compensation 27,694,272 24,804,825 (2,889,447) -10% 10 - Employee benefits 13,923,946 10,233,560 (3,690,386) -27% 15 - Materials 9,424,317 7,331,558 (2,092,759) -22%
20 - Contract services 31,482,230 26,760,840 (4,721,390) -15% 25 - Cost allocation 14,368,931 14,368,931 - 0%
30 - Capital outlays 13,131,584 11,286,126 (1,845,458) -14% 31 - Special projects 6,878,272 5,637,526 (1,240,746) -18% 35 - Contingencies 556,768 5,132 (551,636) -99%
40 - Debt services 2,676,000 2,676,000 - 0%
45 - Transfer out 38,232,654 38,032,654 (200,000) -1%
50 - Other financing uses 1,834,960 1,718,997 (115,963) -6% Total $ 160,203,934 $ 142,856,148 $ (17,347,786) -11%
Salaries and Benefits came in lower than budgeted due to full-time vacancies and parttime salary savings.

Materials savings are due to a Citywide reduction in general supplies, conferences, and training.

Contract Services were lower than budgeted due to savings in the City Attorney’s Office, Parks and Recreation, and Public Works departments.

Capital Outlays and Special Projects came in lower due primarily to the completion of projects and capitalization of fixed asset costs.

Contingencies were lower than budgeted due to departments having sufficient appropriations.

The table below compares actual revenues and expenditures, and the resulting changes to fund balance effective as of FY 2021-22 year-end.
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6 FY 2021-22 Year-End Estimates ($ in millions)
Discussion
The primary focus of the First Quarter Financial Report is to provide an update on the status of the City budget; the report also reviews current revenue and expenditure patterns to ensure that budgets are on track to end the year in a positive fiscal position and reviews any significant variances in expenditures from the prior fiscal year.

General Fund Update
The General Fund's historical revenues, expenditures, and fund balance demonstrate that amended expenditures have often exceeded amended revenues, leading to the use of fund balance. However, it was not due to a structural deficit but the transfer of excess fund balance from the General Fund to the Capital Reserve per the City's use of one-time funds policy. Due to the City's encumbrance and budget carryover process, fiscal years have generally ended with increases to fund balance.
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7 4-Year Comparison of Revenues, Expenditures, and Changes to Fund Balance ($ in millions)
Revenues
As of the first quarter, overall revenue is lower than the same time last year due to changes in sales tax, intergovernmental, and transfers. To get a clearer picture of city finances and to demonstrate the impact of American Rescue Plan Act of 2021 (ARPA) dollars on the City’s budget, staff has included an analysis – excluding transfers and revenues recognized due to the ARPA. As of the first quarter, excluding ARPA transfers and revenues, revenues are down $3.5 million, or 22%, compared to last year. This is mostly attributable to decreases in sales tax. All revenue classification fluctuations are explained in detail below.

The following table shows the differences between General Fund revenues collected as of the first quarter in the current fiscal year and the prior fiscal year. 589
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8 Comparison of FY 2021-22 General Fund First Quarter Revenue to FY 2022-23 Revenue Category
First Quarter
2022
First Quarter
2023 Variance ($) Variance (%)
05 - Sales tax 9,459,612 4,082,699 (5,376,913) -57%
10 - Property tax 265,394 79,078 (186,317) -70%
15 - Transient occupancy 287,021 1,485,719 1,198,699 418% 20 - Utility tax 478,155 636,988 158,832 33%
25 - Franchise fees 170,876 180,066 9,191 5%
30 - Other taxes 386,972 328,349 (58,623) -15%
35 - Licenses and permits 1,137,359 931,463 (205,895) -18% 40 - Use of money and property 457,729 589,007 131,278 29% 45 - Intergovernmental revenue 2,786,645 1,070,673 (1,715,972) -62% 50 - Charges for services 3,035,190 2,746,279 (288,911) -10% 55 - Fines and forfeitures 36,578 41,997 5,419 15%
60 - Miscellaneous 236,900 292,886 55,986 24%
65 - Transfers in 4,862,387 61,140 (4,801,247) -99%
70 - Other financing sources - - - 0%
Total $ 23,600,818 $ 12,526,346 $ (11,074,472) -47%
Sales Tax revenue received in first quarter was $5.4 million, or 57%, lower than last year.

Sales tax revenues are received two months in arrears. As a result, we are looking at sales tax revenues corresponding to July and August 2022 for FY 2022-23 and July to September 2021 for FY 2021-22. The start of FY 2021-22 experienced similar trends of new taxes from marketplace facilitators plus a surge in online sales while citizens sheltered in place generated a larger county pool allocation, but to a lesser degree compared to FY 2020-21. As the economy recovered from the depths of the pandemic, sales tax revenues from general consumer goods, restaurants and hotels, and fuel and service stations rose in FY 2021-22. The first quarter of FY 2022-23 reports sales tax revenues significantly lower than pandemic conditions, and staff anticipate a continued downward trend in sales tax revenue as the State continues to reopen and recover from the pandemic. It is anticipated that the City's restaurants and hotels, fuel and service stations, and automotive industry groups will continue to increase in FY 2022-23.

However, these increases will only slightly mitigate the anticipated declines in the City's business-to-business and County pool share allocation as online sales fall from recent historic highs. In addition, the future growth rate for sales tax revenue is expected to slow. Rising inflation, high mortgage rates, and the Federal Reserve’s tightening monetary policy are expected to result in weakening consumer sentiment and slower growth into 2023.

Property Tax revenue has come in lower than the same time last year by $186,000, or 70%, because the City received an excess Educational Revenue Augmentation Fund (ERAF) remittance last year. When local property taxes are sufficient to support local schools without major state aid, excess ERAF funds are remitted to applicable local jurisdictions.

In 2022-23, the City’s property tax roll grew $2.084 billion, or 7.2%, year-over-year, compared to 7.4% for the county. This growth was $1.09 billion more than in 2021-22, 590
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9 when the property tax roll grew by $986 million, or 3.5%. Residential use values increased $1.259 billion, or 7.2%, representing 60% of all growth experienced in the City.

Commercial properties posted an increase of $1.066 billion, or 13.1%, due to the addition of assets by Campus Holdings at the Apple site. Industrial use grew $280 million, or

24.7%, due to Apple parcel growth, some of which showed the transfer of assets from the unsecured to the secured roll. Unsecured assets in Cupertino decreased by $655 million, or 38%, on 18 fewer bills reported. Secured property generally includes buildings and land, whereas unsecured property generally includes properties that are portable, such as boats, aircrafts, business equipment, and other possessory interests.

Growth in home sales remained strong through the summer of 2021. Many cities saw median price increases due to low interest rates, high demand, and limited properties for sale. Sales price increases in 2021 were reflected in the 2022-23 tax rolls. Tracking activity into 2022, new concerns over rising interest rates and inflation are decreasing the volume of home sales. For many locales, median prices have waned slightly in recent months, but still represent increases in sale price when compared to the prior year. The median sale price of Cupertino detached single-family homes from January through August 2022 was $2,975,000, an increase of $165,000, or 5.9%, from the median sale price in the same period for 2021. The annual consumer price index (CPI) applied per Proposition 13 was 2% this year after a granting of 1.036% in the prior year. Staff will continue to monitor all revenue categories, and as part of the Mid-Year Financial Report, make any necessary adjustments to revenue projections.

Transient Occupancy Tax (TOT) revenue has come in $1.2 million, or 418%, higher than last year. The significant increase is due to the relaxation of prior pandemic-based restrictions that reduced travel. Increased travel and the return of employees onsite have resulted in a direct and significant effect on the City’s TOT revenues. Average daily rates and occupancy rates for hotels are near pre-pandemic levels. In September 2022, the average daily rate was $221.29, an increase from $135.98 in September 2021 and $105.34 in September 2020. The average occupancy rate was 75% in September 2022, an increase from 68% in September 2021 and 53% in September 2020. While staff anticipates a recovery in FY 2023-24, long-term telework policies may have long-lasting impacts on the City’s TOT revenues with respect to pre-pandemic conditions. Staff will continue to monitor economic regulations and other factors and report back as part of the mid-year financial report.

Utility Tax increased $158,832, or 33%, over the previous quarter. This is due to the Utility User Tax (UUT) August payment recorded in October during FY 2021-22. In FY 2022-23, the August UUT was recorded in September.

Franchise Fees increased $9,200, or 5%, representing nominal change.

Other Taxes decreased $58,623, or 15%, due to a decrease in property transfer taxes. 591
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10 Licenses and Permits decreased $205,895, or 18%, due to lower revenues in miscellaneous building permits over the same period last year.

Use of Money and Property increased $131,278, or 29%, due to an increase in investment earnings.

Intergovernmental Revenue decreased approximately $1.7 million, or 62%, over the same period last year due to American Rescue Plan Act revenue recognized in FY 2021-22.

Charges for Services decreased $288,911, or 10%, primarily due to a decrease in cost allocation charges. Cost allocation has decreased due to lower cost allocation expenses that need to be allocated.

Fines and Forfeitures increased $5,419, or 15%, due to an increase in City fines.

Miscellaneous Revenue increased $55,986, or 24%, due to two forfeited Temporary Certificate of Occupancy (TCO) bonds totaling $20,000, and a settlement check for $18,000. Additionally, revenues from a law enforcement donation are $15,000 more than last year due to increased Sheriff’s costs.

Transfers In decreased $4.8 million, or 99%, due to the one-time transfer of funds to General Fund departments as part of the American Rescue Plan Act funding strategy in the first quarter of FY 2021-22.

Other Financing Sources remain budgeted at zero dollars due to the timing of refundable deposit revenues received.

Expenditures
As of first quarter, overall expenditures are tracking at $31.3 million, which is $1.9 million, or 6%, lower than the same time last year. This is primarily due to decreases in transfers out because of the American Rescue Plan Act funding strategy approved by City Council in the first quarter of FY 2021-22. On an adjusted basis and excluding transfers out, expenditures are tracking $2.2 million or 13% higher than last year.

The following table shows the differences between General Fund expenditures incurred as of the first quarter in the current fiscal year and the prior fiscal year. 592
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11 Comparison of FY 2021-22 General Fund First Quarter Expenditures to FY 2022-23 Expenditure Category
First Quarter
2022
First Quarter
2023 Variance ($) Variance (%)
05 - Employee compensation 4,526,689 5,886,488 1,359,799 30% 10 - Employee benefits 2,374,179 2,654,002 279,823 12%
15 - Materials 952,840 1,242,176 289,336 30%
20 - Contract services 5,826,209 6,525,117 698,908 12%
25 - Cost allocation 2,987,016 2,596,490 (390,525) -13% 30 - Capital outlays 750 - (750) N/A
31 - Special projects 287,063 353,953 66,890 23%
35 - Contingencies - - - N/A
45 - Transfer out 16,099,371 11,996,300 (4,103,071) -25% 50 - Other financing uses 139,096 75,186 (63,910) -46%
Total $ 33,193,212 $ 31,329,712 $ (1,863,500) -6%
Salaries and Benefits increased approximately $1.6 million, or 24%, over the same period last year due to negotiated cost of living adjustments and increases in retirement and workers’ compensation benefit costs.

Materials have increased approximately $289,000, or 30%, representing a moderate recovery and return to normal relative to FY 2021-22. In FY 2021-22, conference and training expenses were lower due to reduced travel and in-person events during the pandemic. In FY 2022-23, electricity costs are higher due to higher rates.

Contract Services have increased by approximately $699,000, or 12%, due primarily to increases in insurance premiums and the law enforcement contract with the Santa Clara County Sheriff’s Office.

Capital Outlays and Special Projects have increased by approximately $66,000, or 23%, due to projects that differ in scope and timing from year to year.

Transfers Out decreased by approximately $4.1 million, or 25%, primarily due to a onetime $4.8 million transfer to General Fund departments as part of the American Rescue Plan Act funding strategy in the first quarter of FY 2021-22. Interfund transfers are the movement of cash between one or more funds. As part of the Adopted Budget process, transfers from the General Fund to other City funds serve as operating subsidies to ensure each fund has a positive fund balance at the end of the fiscal year. Additionally, when Capital Improvement Program capital projects are authorized by City Council, a transfer from the Capital Reserve to the appropriate fund is necessary to record the costs and activities of the project. More information on the City’s operating and capital transfers can be found on pages 115-118, and 578 of the Fiscal Year 2022-23 Adopted Budget.
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12 Recommended Adjustments
As of the first quarter, departments are requesting budget adjustments to ensure they end the year within budget appropriations. The recommended adjustments are summarized in the table below.

Recommended Adjustments by Fund
Administration
Sustainability (100-12-122)
Community Outreach Printing and Mailing
Funds are requested to provide marketing and outreach for the newly adopted Climate Action Plan 2.0, targeted mailing for a Silicon Valley Clean Energy (SVCE) or BayREN program to market new and improved residential and commercial offerings for energy efficiency and electrification, and for the replacement of the Earth and Arbor Day Festival banner which was damaged last year. Appropriations are recommended to be increased by $9,650.
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13 Sustainability (100-12-122)
Earth and Arbor Day Festival Services
In 2022, the Earth and Arbor Day Festival resumed in person, with SVCE sponsoring a solar-powered stage that garnered attention for the festival. SVCE will not have the same resources to continue to sponsor this service. Funds are requested to cover the rental fee, set up, and staffing for the stage. Due to reduced staff capacity to staff and set up the Bike Valet, funds are also requested for a bike valet, which will be set up and run by the Silicon Valley Bicycle Coalition. Appropriations are recommended to be increased by $7,150.

Sustainability (100-12-122)
Greenhouse Gas Emissions Inventory Update
The current emissions inventory reflects data from 2018. An update to this inventory needs to be completed this year to remain compliant with the Global Covenant of Mayors’ requirements. This expense occurs every two to three years. To help address department workload limitations, funds are requested to engage an outside consultant who performs this work exclusively for local governments. This inventory is an essential part of implementing the newly adopted Climate Action Plan 2.0, a FY 2021-22 Work Program project. Appropriations are recommended to be increased by $20,000.

Sustainability (100-12-122)
Valley Water Cost Share Program
The approved budget includes a multi-year contract of $45,000. However, over the past six months, there has been a large increase in demand for this program. Additional funds are requested to match the demand increase and ensure fund availability to support rebates for residents and commercial customers accessing Landscape Rebate Program and Graywater Rebate Program rebate funds. This program is essential to the successful continuation of the Climate Victory Gardens pilot, a FY 2019-20 Work Program project titled "Lawn Buster Drought Tolerant Planting Pilot.” Appropriations are recommended to be increased by $30,000.

Innovation and Technology Department
Video (100-31-305)
Revenue from Video Production Services
In-person video production services have resumed for Silicon Valley Clean Energy Authority. Revenues will increase by $12,000 in accordance with the $1,000 per meeting supported.

Applications (100-32-308)
Revenue from HCD Grant
In FY 2019-20, Innovation & Technology received a $310,000 grant from the California Department of Housing and Community Development for implementation services and software (Accela and ProjectDox) that accelerate and streamline Housing Production.

Revenues will increase by $20,152 for funds expected to be reimbursed this year. 595
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14 Infrastructure (610-34-310)
Faro Scanners for Sheriff’s Office
Funds are requested to procure a system to help the Sheriff’s Office with crime scene analysis. IT is simply assisting with procurement; the Sheriff’s Office will manage implementation and fund future budget requirements. The focus laser scanner will assist Law enforcement officials in sharing on-scene reality-capture data faster than ever before and accurately capturing the on-scene elements that may have led to or contributed to an incident, be it a car accident, structural collapse, a mass-casualty event, homicide, etc. The purchase is for four years of equipment, maintenance, and support with a one-time fee of $118,766. Appropriations are recommended to be increased by $118,766. This request is funded by a $496,083 refund from the Sheriff’s Office as law enforcement services in FY 2021-22 came in under budget.

Community Development Department
Building Plan Review (100-73-714)
Construction Plan Check
To alleviate the consistent backlog and provide a timely turnaround of plan reviews, funds are requested to hire two consultants to assist with plan reviews for The Hamptons Redevelopment, Cupertino Village, De Anza Hotel, Marina Plaza, Apple Tenant Improvements, Vallco Parkway VP1, and Apple Campus 2 Ancillary Building.

Appropriations are recommended to be increased by $500,000 and offset with $769,231 in fee revenues. The City keeps 35% of the fee revenues, and the contractor receives 65%.

Public Works Department
Environmental Programs Resource Recovery (520-81-801)
Household Hazardous Waste (HHW)
Due to changes in the use of the County’s HHW program by Cupertino residents and increased costs at the County level, funds are requested to continue the partnership with the County for the safe disposal of HHW. Appropriations are recommended to be increased by $31,377.
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15 Environmental Programs Resource Recovery (520-81-801) SB 1383 Grant Fund Allocation
The grant amount received from CalRecycle was higher than anticipated. The grant totaled $83,693, of which $77,553 was expended during FY 2021-22. Funds are requested to budget the additional $6,140 for expenditure. Appropriations are recommended to be increased by $6,140.

BBF Pool Equipment (100-87-841)
Blackberry Farm Pool Equipment Preventative Maintenance Recent semi-annual maintenance revealed the need for a preventive maintenance (PM) program for swimming pool equipment at Blackberry Farm. Funds are requested to hire a contractor to complete the PM program, which will reduce the chance of closing pool operations due to equipment failure. Appropriations are recommended to be increased by $13,804.

Monta Vista Community Center (100-87-833)
Backwater Check Valve Replacement
Monta Vista has a backwater valve that has reached its useful life and is in a confined space (manhole) with the danger of engulfment of sewage. Recent semi-annual maintenance revealed the need for replacement. Otherwise, there will be an increased risk of death, injury, and cost to maintain the valve. Funds are requested to install a new extendible backwater valve and valve box, repair any piping damage, backfill excavation, compact fill materials, and repave asphalt to match the existing profile.

Appropriations are recommended to be increased by $8,201.

Library Facilities & Storm Drain Maintenance (100-87-828 & 230-81-855) Utilities Adjustments
Funds are requested for utilities adjustments that were missed during the base budget.

All Library facility utility costs are billed at fiscal year-end to Santa Clara County, which reimburses 100% of those costs. The revenues for the reimbursement are included in the base budget. Appropriations are recommended to be increased by $124,738.

PW Grounds (100-84-809, 100-84-811, 100-84-812, 100-84-813 & 100-84-814) Tree Maintenance
Funds are requested to contract with a tree contractor for necessary tree maintenance at several City-owned sites. The increase in tree maintenance costs is due to droughtrelated tree failures and deferred maintenance. Appropriations are recommended to be increased by $136,734.

McClellan Ranch (100-84-808)
McClellan Ranch Path Repair
In FY 2021-22 First Quarter, City Council approved a $54,966 request for McClellan Ranch Path Repair. The project included removing and replacing 13 sections of pervious concrete to mitigate trip hazards on a pathway that is highly used by pedestrians 597
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16 walking the Stevens Creek Trail. The funds were carried over to FY 2022-23. Additional funds are requested due to an increase in the scope of work. Appropriations are recommended to be increased by $11,965.

Fixed Assets Acquisition (630-90-985)
Fixed Assets (Vehicle and Equipment Replacement)
Funds are requested for fixed assets purchases for vehicle and equipment replacement as listed below.

Vehicle and Equipment Requests
Vehicle and Equipment Replacement Cost
Vehicle Replacement
Replace Toyota 1-Ton sprayer (#2) 115,000
Replace Ford F350 (#31) 80,000
Replace Ford Escape (#90) 40,000
Replace Ford F550 Boom Truck (#57) 190,000
Replace Ford Escape (#87) 32,000
Total Vehicle Replacement 457,000
Equipment Replacement
Replace Forklift (#107) 60,000
Replace John Deere Tractor (#109 & #111) 110,000
New Forklift Pallet Stacker 25,000
Total Equipment Replacement 195,000
Unassigned (to cover the rising cost of vehicles and
equipment due to supply issues)
17,046
Total Vehicle and Equipment Replacement $669,046
Fixed assets requests were removed at the Proposed Budget Study Session via City Council motion so that City staff could provide additional information. See Attachment I for additional information on the fleet and equipment replacement process and a complete list of fleet and equipment assets.

Fund Balance
The City’s General Fund ended FY 2020-21 with $96.9 million in total fund balance. Staff anticipates the General Fund will end FY 2021-22 with $109.8 million in fund balance, an increase of $12.9 million from the prior year due to FY 2021-22 ending with revenues higher than expenditures. As of the first quarter, staff anticipates the General Fund will end FY 2022-23 with $121.6 million in fund balance.
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17 General Fund Classification of Fund Balance (in millions) Actual
Year End
Projection Adopted Budget
1st Quarter Year
End Projection
Classification 2020-21 2021-22 2022-23 2022-23
Non Spendable $ 0.4 $ 0.4 $ 0.4 $ 0.4
Restricted 19.9 18.8 24.2 18.8
Committed 19.1 34.1 34.1 34.1
Assigned 4.9 5.0 3.0 5.0
Unassigned 52.4 51.4 48.3 63.2
TOTAL FUND BALANCE $ 96.9 $ 109.8 $ 110.1 $ 121.6
To date, the City’s outside auditors have not completed their review of the City’s financials. Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes from the auditors.

Per the City’s Fund Balance Policy, unassigned fund balance over $500,000 is to be used in the following order to replenish committed/restricted fund balances with any remaining balances to be placed in the Capital Reserve:

1. Economic Uncertainty Reserve

2. CalPERS Reserve (Section 115 Pension Trust)

3. Sustainability Reserve

4. Unassigned
As of the first quarter, all priority areas are fully funded. Due to the uncertainty around a California Department of Tax and Fee Administration (CDTFA) sales tax audit of one of the City’s taxpayers, City staff is not recommending any transfers to reserves currently. The impact of this audit is unknown but has the potential to significantly affect the City’s sales tax revenues. Staff anticipates bringing recommendations on the use of fund balance to the City Council at mid-year in March 2023 once more information regarding the sales tax audit is available.

Staffing
As part of the FY 2022-23 Adopted Budget, City Council approved 225 FTEs. City staff is recommending no changes to staffing as of the first quarter.

The City of Cupertino continues to be affected by the impacts of the labor shortage at all levels of the organization. The City is experiencing a significant amount of staff turnover, due to both resignations and retirements. As a result, the City’s recruitment efforts have been greatly impacted. The City has had several positions, e.g., Finance Manager, Public Works Project Manager, and Sr. Planner/Associate Planner/Assistant Planners, that have required multiple recruitments for several reasons including, but not limited to, reduced applicant pools, competing job offers, and unexpected resignations.

Administrative Services continues to place recruitment efforts as a key department 599
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18 priority. As seen in the table below, recruitments were higher in FY 2020-21 and FY 2021-22, with the drop in FY 2019-20 due to a soft hiring freeze that was in place for half of the year.

Fiscal Year
Average Employee
Turnover Rate¹
Number of
Recruitments²
Average Vacancy
Rate
2018-19 10.4% 20 7.2%
2019-20 6.4% 18
3 5.7%
2020-21 14.7% 24 8.0%
2021-22 10.3% 33 10.8%
2022-23 Q1 14.5%4 4 6.5%
¹ Full-time employee separations due to retirement or resignation ² Full-time recruitments opened
3 Decline due to COVID-19 and soft hiring freeze while staffing study was pending 4 Annualized
Recommended adjustments in Community Development for plan check show the impacts of these turnover and recruitment trends as the City needs to contract a portion of services out to backfill vacancies.

City Manager Discretionary Fund
In the FY 2022-23 Adopted Budget, City Council approved $75,000 in funding for the City Manager Discretionary Fund. The quarterly financial reports will detail the City Manager’s use of the discretionary fund and may include recommendations to replenish depending on the extent and nature of use. As of September 30, 2022, $2,632.50 has been used for environmental consulting services for the initial preparation of a Phase I environmental site assessment at 21801 Stevens Creek Boulevard.

Special Projects
Beginning FY 2022-23, the quarterly financial reports will provide a status update on special projects, including the budget, amount spent, and estimated completion date. See Attachment F for FY 2021-22 special projects as of year-end and Attachment G for FY 2022-23 special projects as of September 30, 2022.

Grants
The City entered into a contract with California Consulting in February 2019 to identify and apply for State and Federal grants on behalf of the City. The contract originated in Public Works and was transferred to Administrative Services in the amount of $75,509 in FY 2022-23. The goals of this pilot program are to centralize the grant function and to maximize grant opportunities. Additional updates on the status of grants will be provided as part of the quarterly financial reports beginning with this report. 600
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19 During FY 2021-22 and 2022-23, the City applied for 16 competitive grants totaling $31.2 million. To this date, the City has been awarded $17.7 million. Furthermore, during FY 2018-19, 2019-20, and 2020-21, the City applied for 7 additional grants totaling $8 million. Of these 7 grants, the City has been awarded $7 million.

Also, during FY 2021-22 and 2022-23, the City applied for 12 non-competitive grants totaling $4.0 million. See Attachment H for further details on grants applied, pending, awarded, and not awarded.

Capital Improvement Program
Beginning FY 2022-23, the quarterly financial reports will provide a status update on Capital Improvement Program (CIP) projects. See Attachment J for more information.

Conclusion
The First Quarter Financial Report shows the City is well-positioned to move forward.

City staff recommends adjustments of $1,806,337 in new appropriations, funded by $920,149 in revenues and $886,188 in fund balance.

Prepared by: Thomas Leung, Budget Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – FY 2022-23 First Quarter Financial Report
B – Draft Resolution
C – Description of Carryovers and Adjustments through September 30, 2022 D – Description of Budget Transfers through September 30, 2022 E – FY 2022-23 First Quarter Recommended Budget Adjustments Journal F – FY 2021-22 Special Projects Update
G – FY 2022-23 First Quarter Special Projects Update
H – Competitive and Non-Competitive Citywide Grants Tracking I – Fleet and Equipment Replacement Process
J – Capital Improvement Program Project Status
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This Financial Report is interactive. Click on a chart to learn more.

Background
On June 9, 2022, the City Council adopted the Fiscal Year (FY) 2022-23 Adopted Budget, a $130,587,325 spending plan funded by $130,244,157 in revenue and $343,168 in fund balance. The FY 2022-23 Adopted Budget reflected a $5.1 million increase from the FY 2022-23 Proposed Budget of $125,461,857, mainly due to operating changes, City Work Program, and the Capital Improvement Program. First quarter adjustments include carryovers and encumbrances for obligations from the previous fiscal year, as well as Councilapproved adjustments. Combined, these adjustments result in the amended operating budget of $213,074,719.

Amended Budget
2022-23 Adopted Budget2022-23 Amended Budget Q1
Fiscal Year

0.0 50.0M
100.0M
150.0M
200.0M
Dollars
Public Works
Capital Projects
Community Development
Law Enforcement
Non Departmental
Parks and Recreation
Administrative Services
Administration
Innovation & Technology
Council and Commissions

CITY OF CUPERTINO
FY 2022-23 First Quarter Financial Report
The following is the First Quarter Financial Report, submitted by the Administrative Services Department for the period of July 1, 2022 to September 30, 2022 for Fiscal Year (FY) 2022-23. It has been prepared to inform the City Council, City leadership and the public of the City’s fiscal status. 602
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Flow of Funds Chart (in Millions)
General Fund Revenues, Expenditures, and Fund Balance
To date the City’s financial statement audit has yet to be issued and revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City staff does not anticipate many if any changes from the auditors. -$18,803,366.54
Revenues Less Expenses in Sep 2022
-$20M
-$15M
-$10M
-$5M
$0
Sep 2019 Sep 2020 Sep 2021 Sep 2022
$12,907,502.61
Revenues Less Expenses in Jun 2022
$0
$5M
$10M
$15M
$20M
$25M
Jun 2020 Jun 2021 Jun 2022
General Fund Revenues vs Expenditures First Quarter General Fund Revenues vs Expenses Year End 603
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September
2019-20 Actual
2019-20 Amended Budget Q1June
2020-21 Actual
September
2021-22 Actual
2021-22 Amended Budget Q12022-23 Amended Budge Q1
Fiscal Year

0.0 100.0M

25.0M

50.0M

75.0M
125.0M
Dollars
Revenues
Expenses
General Fund Revenue and Expenditure Trends
As of September 30, 2022, General Fund expenditures are $31.3 million, which is 25% of budgeted appropriations. Expenditures at the first quarter point of the prior three years ranged between 23% and 29% of budgeted appropriations which places current first quarter actuals within the range. General Fund revenues are at $12.5 million, which is 9% of budgeted revenue. Revenues at the first quarter point of the prior three years were between 14% and 18% of budgeted revenues, placing this year slightly below the range. Staff will continue to monitor its leading revenue sources as the year progresses.

General Fund Revenues - First Quarter vs Budget
Data Updated yesterday
9/2019 9/2020 9/2021 9/2022

9.39%
In Revenues of $133,362,013.00 Budgeted through Sep 2022 General Fund Expenses - First Quarter vs Budget
Data Updated yesterday
9/2019 9/2020 9/2021 9/2022

24.82%
In Expenses of $126,224,030.00 Budgeted through Sep 2022 As of first quarter, overall revenue is tracking at $12.5 million which is $11.1 million, or 47%, lower than the same time last year and has been most impacted by changes in sales tax, intergovernmental, and transfers in.

As of first quarter, overall expenditures are tracking at $313.3 million which is $1.9 million, or 6%, lower than the same time last year. This is primarily due to decreases in transfers out, which were higher in FY 2021-22 as a result of the American Rescue Plan Act funding strategy approved by City Council. 604
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$12,526,345.76
Revenues in Sep 2022
$0
$20M
$40M
$60M
$80M
$100M
$120M
Sep 2019 Sep 2020 Sep 2021 Sep 2022
$31,329,712.30
Expenses in Sep 2022
$0
$20M
$40M
$60M
$80M
$100M
Sep 2019 Sep 2020 Sep 2021 Sep 2022
$12,526,345.76
Revenues in Sep 2022
Sales Tax
Charges for ...

Other
Licenses and...

Intergovernm...

Transient Oc...
$31,329,712.30
Expenses in Sep 2022
Transfers Ou...

Contract Ser...

Other
Cost Allocat...

Employee Ben...

Employee Com...

General Fund Classification of Fund Balance
The City’s General Fund ended FY 2020-21 with $96.9 million in total fund balance. Staff anticipates the General Fund will end FY 2021-22 with $109.8 million in fund balance, an increase of $12.9 million from the prior year due to FY 2021-22 ending with revenues higher than expenditures. As of the first quarter, staff anticipates the General Fund will end FY 2022-23 with $121.6 million in fund balance.

To date, the City’s outside auditors have not completed their review of the City’s financials. Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes from the auditors.

General Fund Revenues - First Quarter vs Year End General Fund Expenses - First Quarter vs Year End General Fund Revenues by Type General Fund Expenses by Type 605
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Recommended Adjustments
As of the first quarter, Departments are requesting budget adjustments to ensure they end the year within budget appropriations. The recommended adjustments are summarized in the table below:
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$920,149.00
Funds in 2023
General Fund
Innovation &...
$1,806,337.00
Funds in 2023
General Fund
Env Mgmt Cln...

Resource Rec...

Innovation &...

Vehicle/Equi...
$920,149.00
Departments in 2023
Community De...

Innovation &...
$1,806,337.00
Departments in 2023
Public Works
Administrati...

Non Departme...

Innovation &...

Community De...

Summary
The First Quarter Financial Report shows the City is well-positioned to move forward. City staff recommends adjustments of $1,806,337 in new appropriations, funded by $920,149 in revenues and $886,188 in fund balance.

Revenue Adjustments by Fund Expense Adjustments by Fund Revenue Adjustments by Department Expense Adjustments by Department 607
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City of Cupertino, California
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
View the City Council Meeting Agenda
View the City's Budgets
View the City's Financial Transparency Portal
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Attachment B
RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2022-23 BY

APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATINGMONIES

FORSPECIFIEDFUNDS
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.

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.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of November 2022, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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Attachment B
Exhibit A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $974,770 $801,383 $(173,387)
Special Revenue Funds $6,238 $- $(6,238)
Capital Projects Funds $- $- $-
Enterprise Funds $37,517 $- $(37,517)
Internal Service Funds $787,812 $118,766 $(669,046)
Total Appropriation
Amendment All Funds $1,806,337 $920,149 $(886,188)
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2022
Attachment C
Budget Adjustment Type Fund Description Amount

BUDGET CARRYOVERS
Budget Carryover 100 General Fund CDD Budget Carryovers 20,416,269 Budget Carryover 100 General Fund CMO budget carryovers 182,759 Budget Carryover 100 General Fund I&T Special Project carryover 142,000 Budget Carryover 100 General Fund P&R Special Project carryovers 46,052 Budget Carryover 100 General Fund Parks and Rec budget carryovers 32,313 Budget Carryover 100 General Fund PW budget carryovers 2,615,595 Budget Carryover 100 General Fund Various applications improvements 302,000 Budget Carryover 100 General Fund Zoom room/Video office 49,000 TOTAL GENERAL FUNDS 23,785,988
Budget Carryover 210 Storm Drain Improvement CIP Carryovers 1,883,247 Budget Carryover 265 BMR Housing CDD Budget Carryovers 437,459 Budget Carryover 270 Transportation Fund CIP Carryovers 1,153,036 Budget Carryover 270 Transportation Fund Curren Consulting 2022-05-12 (2,408) Budget Carryover 270 Transportation Fund PW budget carryovers 5,531,136 Budget Carryover 280 Park Dedication CIP Carryovers 8,637,849 Budget Carryover 280 Park Dedication Memorial Park CIP carryover 500,000 TOTAL PARK DEDICATION FUNDS 18,140,319
Budget Carryover 420 Capital Improvement Fund CIP Carryovers 22,285,642 Budget Carryover 427 Stevens Creek Corridor Park CIP Carryovers 110 TOTAL CAPITAL PROJECT FUNDS 22,285,752
Budget Carryover 520 Resource Recovery PW budget carryovers 491,445 Budget Carryover 560 Blackberry Farm CIP Carryovers 2,054 Budget Carryover 560 Blackberry Farm PW budget carryovers 137,000 Budget Carryover 570 Sports Center CIP Carryovers 25,000 Budget Carryover 570 Sports Center PW budget carryovers 45,000 Budget Carryover 580 Recreation Program CIP Carryovers 320,670 Budget Carryover 580 Recreation Program Parks and Rec budget carryovers 133,425 TOTAL ENTERPRISE FUNDS 1,154,594
Budget Carryover 610 Innovation & Technology Facility Battery 40,000 Budget Carryover 610 Innovation & Technology I&T Special Project carryover 314,730 Budget Carryover 630 Vehicle/Equip Replacement PW budget carryovers 195,585 TOTAL INTERNAL SERVICE FUNDS 550,315
TOTAL BUDGET CARRYOVERS 65,916,968
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2022
Attachment C
Budget Adjustment Type Fund Description Amount

COUNCIL ACTIONS
Council Action 100 General Fund CC Approved Budget Modification Number 2223-231 200,000 Council Action 100 General Fund Amend CEA OE3 Unrep Appointed Compensation 1,960,788 Council Action 100 General Fund City Attorney Contract 24,192 Council Action 100 General Fund External Auditor Contract 43,600 TOTAL GENERAL FUNDS 2,228,580
Council Action 230 Env Mgmt Cln Crk Strm Drain Amend CEA OE3 Unrep Appointed Compensation 49,532 Council Action 260 CDBG Amend CEA OE3 Unrep Appointed Compensation 8,020 Council Action 265 BMR Housing Amend CEA OE3 Unrep Appointed Compensation 27,207 Council Action 270 Transportation Fund Amend CEA OE3 Unrep Appointed Compensation 89,461 TOTAL SPECIAL REVENUE FUNDS 174,220
Council Action 420 Capital Improvement Fund Budget transfer & allocation for Mem Park Plan approved 7/7/2022 650,000 TOTAL CAPITAL PROJECT FUNDS 650,000
Council Action 520 Resource Recovery Amend CEA OE3 Unrep Appointed Compensation 36,569 Council Action 560 Blackberry Farm Amend CEA OE3 Unrep Appointed Compensation 10,395 Council Action 570 Sports Center Amend CEA OE3 Unrep Appointed Compensation 29,737 Council Action 580 Recreation Program Amend CEA OE3 Unrep Appointed Compensation 26,208 TOTAL ENTERPRISE FUNDS 102,909
Council Action 610 Innovation & Technology Amend CEA OE3 Unrep Appointed Compensation 103,851 Council Action 620 Workers' Compensation Amend CEA OE3 Unrep Appointed Compensation 2,360 Council Action 630 Vehicle/Equip Replacement Amend CEA OE3 Unrep Appointed Compensation 28,431 TOTAL INTERNAL SERVICE FUNDS 134,642
TOTAL COUNCIL ACTIONS 3,290,351
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2022
Attachment C
Budget Adjustment Type Fund Description Amount

ENCUMBRANCE CARRYOVERS
Encumbrance Carryover 100 General Fund Year End Soft Close 5,041,683 TOTAL GENERAL FUNDS 5,041,683
Encumbrance Carryover 210 Storm Drain Improvement Year End Soft Close 68,632 Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 73,795 Encumbrance Carryover 260 CDBG Year End Soft Close 44,230 Encumbrance Carryover 265 BMR Housing Year End Soft Close 59,022 Encumbrance Carryover 270 Transportation Fund Year End Soft Close 2,181,034 Encumbrance Carryover 280 Park Dedication Year End Soft Close 1,538,336 TOTAL SPECIAL REVENUE FUNDS 3,965,049
Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 3,672,662 Encumbrance Carryover 427 Stevens Creek Corridor Park Year End Soft Close 16,281 TOTAL CAPITAL PROJECT FUNDS 3,688,943
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 74,888 Encumbrance Carryover 560 Blackberry Farm Year End Soft Close 14,465 Encumbrance Carryover 570 Sports Center Year End Soft Close 28,679 TOTAL ENTERPRISE FUNDS 118,032
Encumbrance Carryover 610 Innovation & Technology Year End Soft Close 109,936 Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 356,432 TOTAL INTERNAL SERVICE FUNDS 466,368
TOTAL ENCUMBRANCE CARRYOVERS 13,280,075
BUDGET CARRYOVER, COUNCIL APPROVED ADJUSTMENT, AND ENCUMBRANCE CARRYOVER TOTAL 82,487,394 FY 2022-23 ADOPTED BUDGET 130,587,325
FY 2022-23 AMENDED BUDGET AS OF SEPTEMBER 30, 2022 $ 213,074,719 613
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Budget Transfers as of September 30, 2022 Attachment D
GL Account Descriptio
n Amount
100‐41‐405 700‐702 ‐ Contract Services General Service Agreement California Consulting Contract 75,510 100‐80‐800 700‐702 ‐ Contract Services General Service Agreement California Consulting Contract (75,510)100‐70‐700 600‐635 ‐ Materials Special Departmental Exp SB9 postcards (2,595)100‐70‐700 719‐705 ‐ Contingencies Contingencies SB9 postcards (1,535)100‐71‐701 600‐635 ‐ Materials Special Departmental Exp SB9 postcards (519) 100‐71‐701 719‐705 ‐ Contingencies Contingencies SB9 postcards (839)100‐71‐702 719‐705 ‐ Contingencies Contingencies SB9 postcards (558)100‐71‐701 600‐602 ‐ Materials Printing and Duplication SB9 postcards 6,046 100‐31‐305 600‐605 ‐ Materials Meeting Expenses Transferring funds (5,460)100‐32‐308 600‐606 ‐ Materials Software Transferring funds (40,000)100‐31‐305 600‐606 ‐ Materials Software Transferring funds 45,460 610‐30‐300 600‐629 ‐ Materials Conference and Training Transferring funds (2,400)610‐30‐300 700‐701 ‐ Contract Services Training and Instruction Transferring funds 2,400 610‐34‐310 600‐606 ‐ Materials Software Transferring funds (49,000)610‐34‐310 900‐969 ‐ Capital Outlay Software Transferring funds 49,000 TOTAL
$ ‐
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FY 2022-23 First Quarter Recommended Adjustments Attachment E Fund GL Account Revenue Expenditure Change in Fund Balance Proposal

GENERAL FUNDS
100 General Fund 100-12-122-600-602 - 9,650 (9,650) Community Outreach Printing and Mailing 100 General Fund 100-12-122-700-702 - 7,150 (7,150) Earth and Arbor Day Festival Services 100 General Fund 100-12-122-700-702 - 20,000 (20,000) Greenhouse Gas Emissions Inventory Update 100 General Fund 100-12-122-700-702 - 30,000 (30,000) Valley Water Cost Share Program 100 General Fund 100-31-305-450-405 12,000 - 12,000 Revenue from Video Production Services 100 General Fund 100-32-308-440-430 20,152 - 20,152 Revenue from HCD Grant 100 General Fund 100-73-714-410-422 769,231 - 769,231 Construction Plan Check 100 General Fund 100-73-714-701-701 - 500,000 (500,000) Construction Plan Check 100 General Fund 100-84-808-700-702 - 11,965 (11,965) McClellan Ranch Path Repair 100 General Fund 100-84-809-700-702 - 19,343 (19,343) Tree Maintenance 100 General Fund 100-84-811-700-702 - 41,800 (41,800) Tree Maintenance 100 General Fund 100-84-812-700-702 - 17,783 (17,783) Tree Maintenance 100 General Fund 100-84-813-700-702 - 42,191 (42,191) Tree Maintenance 100 General Fund 100-84-814-700-702 - 15,617 (15,617) Tree Maintenance 100 General Fund 100-87-828-600-620 - 15,000 (15,000) Utilities Adjustments 100 General Fund 100-87-828-600-641 - 95,000 (95,000) Utilities Adjustments 100 General Fund 100-87-828-600-644 - 8,500 (8,500) Utilities Adjustments 100 General Fund 100-87-833-700-702 - 8,201 (8,201) Backwater Check Valve Replacement 100 General Fund 100-87-841-700-702 - 13,804 (13,804) Pool Equipment Preventive Maintenance 100 General Fund 100-90-001-800-902 - 118,766 (118,766) Transfer to I&T Fund for Faro Scanners TOTAL GENERAL FUNDS 801,383 974,770 (173,387)

SPECIAL REVENUE FUNDS
230 Environmental Mgmt 230-81-855-600-643 - 6,238 (6,238) Utilities Adjustments TOTAL SPECIAL REVENUE FUNDS - 6,238 (6,238)

ENTERPRISE FUNDS
520 Resource Recovery 520-81-801-750-041 - 31,377 (31,377) Household Hazardous Waste (HHW) 520 Resource Recovery 520-81-801-750-041 - 6,140 (6,140) SB 1383 Grant Fund Allocation TOTAL ENTERPRISE FUNDS - 37,517 (37,517)
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FY 2022-23 First Quarter Recommended Adjustments Attachment E

INTERNAL SERVICE FUNDS
610 Innovation & Technology 610-34-310-421-401 118,766 - 118,766 Transfer from General Fund for Faro Scanners 610 Innovation & Technology 610-34-310-600-608 - 118,766 (118,766) Faro Scanners for the Sheriff's Office 630 Vehicle/Equip Replacement 630-90-985-900-945 - 669,046 (669,046) Vehicle and Equipment Replacement TOTAL INTERNAL SERVICE FUNDS 118,766 787,812 (669,046)
TOTAL ALL $ 920,149 $ 1,806,337 $ (886,188)
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FY 2021-22 Special Projects Update Attachment F
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Administration 122 Sustainability Division 750.018 ‐ Climate Action Plan 261,268 256,193 In Progress June 2023 Carried over from previous FY. This GL includes
multiple projects, including Climate Victory Gardens
and Climate Action Plan 2.0. The CAP 2.0 is adopted,
now closing out final project tasks.

Administration 122 Sustainability Division 750.019 ‐ Employee Commute Program 9,459 9,459 In Progress June 2023 Program is ongoing Administration 122 Sustainability Division 750.069 ‐ Sustainable Infrastructure Audit                                          ‐ ‐ Not Started December 2023 To support CIP projects Administration 122 Sustainability Division 750.106 ‐ Electric Cooking Workshop Series                                          ‐ ‐ Not Started June 2023 Administration 305 Video 750.108 ‐ EOC Control System Upgrade 15,000 15,989 Completed March 2022 Used to fund the Extron Matrix Switcher Administration 305 Video 750.109 ‐ Radio Windows 10 Replacement ‐ ‐ In Progress March 2023 Carried over to Info Services. Amount is $10K.

Administration 305 Video 900.945 ‐ Fixed Asset Acquisition 6,825 ‐ Completed October 2022 Field lighting package . Total amount is $10K.Administration 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 3,572 3,552 CompletedAdministration 632 Comm Outreach & Neigh
Watch 750.097 ‐ CWP Revamp Block Leader/NW prgrm 1,500                                 ‐ Completed See City Work Program update and dashboard for
more information
Administration 633 Disaster Preparedness 750.099 ‐ CWP Personal Prepared Campaign 10,000 4,745 Completed See City Work Program update and dashboard for
more information
Administration 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail ‐ 10,000 In Progress June 2023 See City Work Program update and dashboard for
more information
Administration 705 Economic Development 750.136 ‐ Targeted Mkting Prg Ass Sm Bus 9,100 ‐ In Progress June 2023 Carried over to FY23 Community Development
700 Community Development
Admin 750.104 ‐ CWP Homeless Jobs Program 97,017 97,016 Completed See City Work Program update and dashboard for
more information
Community Development 701 Current Planning 750.007 ‐ The Hamptons ‐ ‐ Completed Community Development 701 Current Planning 750.009 ‐ Marina Plaza 13,633 13,633 In Progress March 2023 New project under review Community Development 701 Current Planning 750.029 ‐ Vallco Town Center 317,898 317,898 In Progress December 2028 Implementation ongoing Community Development 701 Current Planning 750.031 ‐ Westport 37,276 39,907 CompletedCommunity Development 701 Current Planning 750.091 ‐ Banning Gas Powered Leaf Blowers ‐ ‐ In Progress November 2022 Ordinance going into effect Nov. 2022 Community Development 702 Mid Long Term Planning 750.014 ‐ GPA Authorization Applications ‐ 530 In Progress Ongoing Community Development 702 Mid Long Term Planning 750.032 ‐ General Plan 22,699 22,698 In Progress Ongoing Community Development 702 Mid Long Term Planning 750.048 ‐ Urban Village ‐ ‐ Cancelled Community Development 702 Mid Long Term Planning 750.049 ‐ MuniCode Updates ‐ ‐ Cancelled Community Development 702 Mid Long Term Planning 750.055 ‐ Dark Sky ‐ ‐ Completed Community Development 702 Mid Long Term Planning 750.090 ‐ Residential/Mixed Use Design 53,673 53,672 In Progress January 2024 Expected to be completed with adoption of Housing
Element
Community Development 702 Mid Long Term Planning 750.092 ‐ General Plan Auth Process ‐ ‐ In Progress June 2023 Community Development 702 Mid Long Term Planning 750.100 ‐ CWP Development Accountability                                          ‐ ‐ In Progress June 2024 See City Work Program update and dashboard for
more information
Community Development 702 Mid Long Term Planning 750.101 ‐ CWP RHNA and Gen Plan Update 222,221 222,221 In Progress October 2023 See City Work Program update and dashboard for
more information
Community Development 702 Mid Long Term Planning 750.102 ‐ CWP Sign Ordinance Update                                          ‐ ‐ Not Started June 2023 See City Work Program update and dashboard for
more information
Community Development 702 Mid Long Term Planning 750.135 ‐ Laserfiche planning map scanning                                          ‐ ‐ Not Started June 3023 Community Development 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail                                          ‐ ‐ In Progress See City Work Program update and dashboard for
more information
Community Development 705 Economic Development 750.136 ‐ Targeted Mkting Prg Ass Sm Bus ‐ ‐ Not Started Community Development 711 BMR Affordable Housing Fund 750.050 ‐ Housing Strategies 5,044 7,145 Completed Community Development 711 BMR Affordable Housing Fund 750.051 ‐ Homelessness 71,225 71,224 In Progress June 2023 Community Development 711 BMR Affordable Housing Fund 750.052 ‐ Habitat for Humanity 8,043 8,043 Completed Community Development 711 BMR Affordable Housing Fund 750.094 ‐ Housing Survey 15,293 ‐ Completed Community Development 713 General Building 750.036 ‐ Ongoing Bldg Recrd scan/conversn ‐ ‐ Completed Community Development 714 Construction Plan Check 750.031 ‐ Westport 147,426 147,426 In Progress Community Development 714 Construction Plan Check 750.067 ‐ VTC 29,536 29,536 In ProgressCommunity Development 714 Construction Plan Check 900.923 ‐ Apple Campus 2 404,280 600 Completed Community Development 715 Building Inspection 750.067 ‐ VTC ‐ ‐ Not Started Innovation & Technology 300 Administration 750.079 ‐ Adaptive Traffic Signaling 2,149 2,149 Completed 617
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FY 2021-22 Special Projects Update Attachment F
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Innovation & Technology 300 Administration 750.085 ‐ Multimodal Traffic Count 7,167 5,951 Completed Innovation & Technology 300 Administration 750.087 ‐ Pollution Monitoring 10,500 10,500 In Progress November 2022 Innovation & Technology 300 Administration 750.107 ‐ Security Framework and Audit                                          ‐ ‐ In Progress July 2023 Innovation & Technology 300 Administration 750.173 ‐ CWP Lehigh & SC Quarry 10,500 10,500 In Progress November 2022 See City Work Program update and dashboard for
more information
Innovation & Technology 305 Video 750.109 ‐ Radio Windows 10 Replacement ‐ ‐ Not Started January 2023 Innovation & Technology 308 Applications 750.110 ‐ Accela Business License 25,000 25,000 Completed Innovation & Technology 308 Applications 750.111 ‐ Campaign Docs 3,500 3,500 Completed Innovation & Technology 308 Applications 750.112 ‐ City Data Services 1,500 1,200 Completed Innovation & Technology 308 Applications 750.113 ‐ Community Climate Solutions 4,000 4,000 Completed Innovation & Technology 308 Applications 750.114 ‐ Customer Svc Solution for CDD 65,000 49,343 Completed Innovation & Technology 308 Applications 750.115 ‐ ERP Exploration                                          ‐ ‐ In Progress March 2023 Innovation & Technology 308 Applications 750.116 ‐ Esports 1,700 1,200 Completed Innovation & Technology 308 Applications 750.117 ‐ Green Halo 4,395 4,395 Completed Innovation & Technology 308 Applications 750.118 ‐ Intranet Hub Consulting Svcs 20,000 20,000 Completed Innovation & Technology 308 Applications 750.119 ‐ Lobbyist Reg System in Netfile 15,000 7,000 Completed Innovation & Technology 308 Applications 750.120 ‐ Performance Management App ‐ ‐ Not Started June 2023 Innovation & Technology 308 Applications 750.121 ‐ Pre‐Employment Assessment/Tests ‐ ‐ Not Started June 2023 Innovation & Technology 308 Applications 750.122 ‐ Public Engagement 20,000 20,000 Completed Innovation & Technology 308 Applications 750.123 ‐ Redesign of City Website                                          ‐ ‐ In Progress June 2023 Funds encumbered 10/18 Innovation & Technology 310 Infrastructure 750.124 ‐ ActiveNet Additional Readers                                          ‐ ‐ In Progress January 2023 Waiting on Vendor for new release of Readers Innovation & Technology 310 Infrastructure 750.125 ‐ Council Voting System and Timer                                          ‐ ‐ In Progress December 2022 Waiting on Cloud version software Innovation & Technology 310 Infrastructure 750.126 ‐ DUO MFA 19,500 19,500 Completed Innovation & Technology 310 Infrastructure 750.127 ‐ Interactive Projector Sys/Games 7,000 6,259 Completed Innovation & Technology 310 Infrastructure 750.128 ‐ Line Locator with GPS 15,000 12,663 Completed Innovation & Technology 310 Infrastructure 750.129 ‐ Redundant Satellite Network 10,000 2,783 Completed Innovation & Technology 310 Infrastructure 750.130 ‐ Senior Center Access Controls ‐ ‐ In Progress March 2023 Kickoff meeting w/ PW and Senior Center staff Innovation & Technology 310 Infrastructure 750.131 ‐ Wireless Bridge 10,750 10,750 In Progress March 2023 Waiting on small tools required to complete project(Supply Chain unavailability) Innovation & Technology 310 Infrastructure 750.132 ‐ Wireless Netwk/Internet Park Exp 20,500 3,703 In Progress June 2023 Waiting on AT&T (Wilson, Jollyman, Linda VistaParks)
Innovation & Technology 310 Infrastructure 750.171 ‐ Quinlan Touch Screen                                          ‐ ‐ In Progress March 2023 Supply chain unavailability Innovation & Technology 310 Infrastructure 900.945 ‐ Fixed Asset Acquisition 51,984 23,302 In Progress June 2023 Working with new Vendor due to former vendor
product unavailability
Innovation & Technology 986 GIS 750.166 ‐ AR McClellan Ranch                                          ‐ ‐ In Progress April 2023 Finalizing project scope with Rachelle now.

Innovation & Technology 986 GIS 750.167 ‐ Data Governance & Data Warehouse ‐ ‐ In Progress March 2023 We will be complete with the Analysis & Design
phase of the project the end of November. Then weneed to select a vendor to implement the design.

Innovation & Technology 986 GIS 750.168 ‐ Drone Deploy 18,000 15,526 Completed Innovation & Technology 986 GIS 750.169 ‐ ESRI Web Editor Licenses 10,000 10,000 Completed Innovation & Technology 986 GIS 750.170 ‐ Online Svcs Subscription Fees 2,200 144 Completed Innovation & Technology 986 GIS 750.171 ‐ Quinlan Touch Screen ‐ ‐ In Progress March 2023 Supply chain unavailability Innovation & Technology 986 GIS 750.172 ‐ Rapid Plan 4,000 1,513 Completed Innovation & Technology 986 GIS 750.216 ‐ CIP Management System 51,795 51,795 In Progress June 2023Public Works 800 Public Works Admin 750.071 ‐ Municipal Water System 137,755 130,564 In Progress June 2023 Public Works 801 Resources Recovery 750.041 ‐ HHW and PaintCare ‐ ‐ In Progress Ongoing ‐ no completion date Public Works 801 Resources Recovery 750.081 ‐ Trash Enclosure SWMP 2,500 ‐ Completed Public Works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 33,755 33,755 In Progress June 2024 Public Works 801 Resources Recovery 750.137 ‐ SB1383 Procurement Requirements                                          ‐ ‐ In Progress Ongoing ‐ no completion date Public Works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con                                          ‐ ‐ In Progress June 2023 Public Works 802 Non Point Source 750.081 ‐ Trash Enclosure SWMP 2,500                                 ‐ Completed Public Works 804 Plan Review 750.038 ‐ Trash Capture 36,060 36,060 CompletedPublic Works 804 Plan Review 750.039 ‐ PW Scanning Project                                          ‐ ‐ In Progress June 2023 Public Works 804 Plan Review 750.067 ‐ VTC 38,780 38,780 In Progress Public Works 804 Plan Review 750.072 ‐ Alternatives to City Hall ‐ ‐ Completed These funds were transfered to the Capital
Improvement Progra
618
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FY 2021-22 Special Projects Update Attachment F
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Public Works 804 Plan Review 750.105 ‐ CWP Revisit 5G                                          ‐ ‐ Completed See City Work Program update and dashboard for
more information
Public Works 807 Service Center Administration 750.043 ‐ Office Reconfiguration                                          ‐ ‐ In Progress Ongoing ‐ no completion date Public Works 808 McClellan Ranch Park 750.138 ‐ 4H Perimeter Fence Replacement ‐ ‐ Not Started June 2023 Public Works 811 BBF Ground Maintenance 750.139 ‐ Refinish Arbors 15,000 12,960 Completed Public Works 812 School Site Maintenance 750.140 ‐ Backflow Prevention Device Repl ‐ ‐ Completed Public Works 812 School Site Maintenance 900.990 ‐ Special Projects ‐ PW 25,000 28,970 Completed Public Works 813 Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 41,727 41,727 Completed Public Works 813 Neighborhood Parks 750.075 ‐ Environmental Consulting Svcs 14,000 ‐ Completed Public Works 813 Neighborhood Parks 750.140 ‐ Backflow Prevention Device Repl 4,191 4,190 Completed Public Works 813 Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing ‐ ‐ Not Started June 2023 Public Works 813 Neighborhood Parks 900.990 ‐ Special Projects ‐ PW ‐ ‐ Completed Public Works 814 Sport Fields Jollyman CRK 750.140 ‐ Backflow Prevention Device Repl ‐ ‐ Completed Public Works 814 Sport Fields Jollyman CRK 750.141 ‐ Basketball Court Resurfacing ‐ ‐ Not Started June 2023 Public Works 820 Sidewalk Curb and Gutter 750.020 ‐ Annual Sidewalk Curb & Gutter 1,314,836 1,314,836 In Progress June 2023 Public Works 821 Street Pavement Maintenance 900.921 ‐ Annual Asphalt Project 1,089,622 1,089,622 In Progress June 2023 Public Works 821 Street Pavement Maintenance 900.990 ‐ Special Projects ‐ PW ‐ ‐ In Progress June 2023 Public Works 824 Overpasses and Medians 750.143 ‐ Foothill Blvd Median Tree Work 30,000 39,200 Completed Public Works 825 Street Tree Maintenance 750.142 ‐ Cage conversion to Rope Shop 10,000 11,013 Completed Public Works 825 Street Tree Maintenance 900.911 ‐ Trees and Badges ‐ 27,711 CompletedPublic Works 827 Bldg Maint City Hall 750.144 ‐ Electrical Preventive Maint                                          ‐ ‐ Completed Public Works 827 Bldg Maint City Hall 750.145 ‐ Fascia Repair and Painting                                          ‐ ‐ Completed Public Works 827 Bldg Maint City Hall 750.146 ‐ Lower Floor Recarpeting ‐ ‐ In Progress December 2023 Public Works 827 Bldg Maint City Hall 750.147 ‐ Boiler Preventive Maintenance 5,000 6,856 Completed Public Works 828 Bldg Maint Library 750.147 ‐ Boiler Preventive Maintenance ‐ ‐ Completed Public Works 828 Bldg Maint Library 750.148 ‐ Exterior Door Painting 6,000 ‐ Completed Public Works 828 Bldg Maint Library 900.945 ‐ Fixed Asset Acquisition 22,362 24,357 Completed Public Works 829 Bldg Maint Service Center 750.149 ‐ Emergency Power Upgrades 28,000                               ‐ Not Started Will be deferred with new EOC Public Works 829 Bldg Maint Service Center 750.150 ‐ Shop Building Roof Recoating 50,000 36,608 Completed Public Works 829 Bldg Maint Service Center 750.151 ‐ Storage Shed Replacement 7,000                                 ‐ Completed Public Works 829 Bldg Maint Service Center 750.152 ‐ Locksmith Training                                          ‐ ‐ In Progress Public Works 829 Bldg Maint Service Center 900.945 ‐ Fixed Asset Acquisition ‐ 7,113 Completed Public Works 830 Bldg Maint Quinlan Center 750.147 ‐ Boiler Preventive Maintenance ‐ ‐ Completed Public Works 832 Bldg Maint McClellan Ranch 750.153 ‐ Gift Shop Exterior Painting 20,000 19,839 Completed Public Works 833 Bldg Maint Monta Vista Ct 900.990 ‐ Special Projects ‐ PW 25,000 ‐ Completed Public Works 836 Bldg Maint Sports Center 750.154 ‐ Exterior Lighting Improvements 24,000 20,118 Completed Public Works 836 Bldg Maint Sports Center 750.155 ‐ Exterior Painting ‐ ‐ Completed Public Works 836 Bldg Maint Sports Center 750.156 ‐ Multipurpose Rm Hardwd Fl Refin 20,000 22,549 Completed Public Works 836 Bldg Maint Sports Center 750.157 ‐ Door Refinishing 1,480 6,460 Completed Public Works 836 Bldg Maint Sports Center 750.158 ‐ Locker Rm Bench Refinishing ‐ ‐ Completed Public Works 836 Bldg Maint Sports Center 900.945 ‐ Fixed Asset Acquisition                                          ‐ ‐ Completed Public Works 838 Comm Hall Bldg Maint 750.148 ‐ Exterior Door Painting                                          ‐ ‐ Completed Public Works 838 Comm Hall Bldg Maint 750.159 ‐ Water Bottle Filling Station 13,000 8,245 Completed Public Works 841 BBF Facilities Maintenance 750.160 ‐ Pool Water Bottle Fill Station 13,000 9,750 Completed Public Works 841 BBF Facilities Maintenance 750.161 ‐ Pool Cover Replacement 11,000 11,159 Completed Public Works 841 BBF Facilities Maintenance 750.162 ‐ Uninterrupted Power Supply ‐ ‐ Completed Public Works 841 BBF Facilities Maintenance 900.945 ‐ Fixed Asset Acquisition ‐ 5,386 Completed Public Works 844 Traffic Engineering 750.040 ‐ Planned Transportation Project ‐ ‐ In Progress June 2023 Public Works 844 Traffic Engineering 750.061 ‐ Community Shuttle Pilot Program 561,779 561,778 In Progress April 2023 Public Works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling                                          ‐ ‐ In Progress June 2023 Public Works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards ‐ ‐ In Progress June 2023 Public Works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study ‐ ‐ Not Started June 2023 Public Works 844 Traffic Engineering 900.923 ‐ Apple Campus 2 71,100 ‐ Completed Public Works 845 Traffic Signal Maintenance 750.079 ‐ Adaptive Traffic Signaling ‐ ‐ In Progress June 2023 619
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FY 2021-22 Special Projects Update Attachment F
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Public Works 845 Traffic Signal Maintenance 900.937 ‐ T/S Intersc Modif 47,707 46,477 Completed Public Works 846 Safe Routes 2 School 750.080 ‐ Pedestrian Education 21,082 21,082 Completed Public Works 846 Safe Routes 2 School 750.165 ‐ Riding for Focus Program                                          ‐ ‐ In Progress June 2023 Public Works 848 Street Lighting 750.025 ‐ Special Maintenance 94,000 97,398 CompletedPublic Works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 208,000 206,661 Completed Public Works 849 Equipment Maintenance 750.078 ‐ Mechanic Shop Hose Reels (31,690) ‐ Completed Public Works 853 Storm Drain Fee 750.062 ‐ Permeable Pavement 12,500 1,434 In Progress Ongoing ‐ no completion date Public Works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 2,106 2,106 In Progress Ongoing ‐ No completion date Public Works 854 General Fund Subsidy 750.064 ‐ Low Income Cost Share 13,144 1,127 In Progress Ongoing ‐ No completion date Public Works 854 General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 8,706 8,706 In Progress Ongoing ‐ no completion date Public Works 855 Storm Drain Maintenance 750.082 ‐ SVC CTR IND Inspection 2,600 2,600 Completed Public Works 985 Fixed Assets Acquisition 900.945 ‐ Fixed Asset Acquisition 573,594 43,221 In Progress June 2023 Parks & Recreation
601 Rec & Comm Svcs
Administration 750.096 ‐ CWP Mental Health Support 726 725 Completed See City Work Program update and dashboard for
more information
Parks & Recreation
601 Rec & Comm Svcs
Administration 750.098 ‐ CWP Senior Strategy 2,222 2,221 Completed See City Work Program update and dashboard for
more information
Parks & Recreation
601 Rec & Comm Svcs
Administration 750.133 ‐ #CupertinoCares 75,000 ‐ Cancelled Parks & Recreation
601 Rec & Comm Svcs
Administration 750.164 ‐ CWP Dogs Off Leash Area ‐ ‐ Completed See City Work Program update and dashboard for
more information
Parks & Recreation 612 Park Facilities 750.134 ‐ Environ Edu Ctr Animal Displays 1,000 ‐ Completed Was purchased, but charged to 600‐613.

Parks & Recreation 616 BBF Golf Course 900.945 ‐ Fixed Asset Acquisition                                          ‐ ‐ In Progress December 2023 Carried over to next fiscal year. 620
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FY 2022-23 Special Projects Update
as of September 30, 2022
Attachment G
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Administration 120 City Manager 750.228 ‐ CWP Safe Gun Storage Ordinance 12,000 ‐ In Progress July 2023 See City Work Program update and dashboard for
more information
Administration 122 Sustainability Division 750.018 ‐ Climate Action Plan 90,383 8,628 In Progress June 2023 CAP 2.0 adopted in August 2022. Closing tasks
underway.

Administration 122 Sustainability Division 750.019 ‐ Employee Commute Program 17,041 4,257 In Progress June 2023 Program is ongoing with about 8 months of runway.

Administration 122 Sustainability Division 750.069 ‐ Sustainable Infrastructure Audit 10,000 ‐ Not Started December 2023 To support CIP project if needed.Administration 122 Sustainability Division 750.106 ‐ Electric Cooking Workshop Series 6,400 ‐ Not Started June 2023Administration 122 Sustainability Division 750.176 ‐ Climate AP Vision Summary Doc 10,000                              ‐ Not Started June 2023 Administration 122 Sustainability Division 750.223 ‐ CWP Electrification Study 50,000 ‐ Not Started June 2023 See City Work Program update and dashboard for
more information
Administration 126 Office of Communications 750.220 ‐ CWP Community Engagement Alt T/P 12,000 ‐ Not Started June 2023 See City Work Program update and dashboard for
more information
Administration 126 Office of Communications 750.225 ‐ CWP Integrated Plan for Engagmnt 30,000 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
Administration 305 Video 900.945 ‐ Fixed Asset Acquisition 10,000 ‐ In Progress November 2023 Received Quote from Vendor Administration 633 Disaster Preparedness 750.230 ‐ Business Continuity Resilience 1,000,000 ‐ Administration 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail 5,000 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
Administration 705 Economic Development 750.179 ‐ Econ Dev Strategy Outreach 20,000 ‐ In Progress June 2023 Administration 705 Economic Development 750.221 ‐ CWP Cupertino Store Implementatn 145,000 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
Administrative services 405 Accounting 750.189 ‐ Fee Study 75,000 ‐ In Progress March 2023 Administrative services 412 Human Resources 750.214 ‐ Hybrid Recruitment Strategy 40,000 ‐ In Progress January 2023 Administrative services 412 Human Resources 750.215 ‐ Online Marketing and Branding 50,000 ‐ In Progress March 2023 Administrative services 412 Human Resources 750.229 ‐ CWP Student Internship Program 15,000 ‐ In Progress March 2022 See City Work Program update and dashboard for
more information
Administrative services 425 Purchasing 750.190 ‐ Purchasing ‐ Grant Program 100,000 ‐ In Progress June 2023 Administrative services 426 Budgeting 750.217 ‐ CWP Analyze Potential Rev Measrs 50,000 ‐ Not Started June 2023 See City Work Program update and dashboard for
more information
Community Development
700 Community Development
Admin 750.104 ‐ CWP Homeless Jobs Program 302,983 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
Community Development 701 Current Planning 750.007 ‐ The Hamptons 108,640 ‐ In Progress DevelopmentAgreement to expire
2025, waiting for
applicant to submit
Community Development 701 Current Planning 750.009 ‐ Marina Plaza 66,512 7,674 In Progress June 2023 Community Development 701 Current Planning 750.029 ‐ Vallco Town Center 198,850 8,710 In Progress Community Development 701 Current Planning 750.091 ‐ Banning Gas Powered Leaf Blowers 1,158 520 In Progress November 2022 Community Development 702 Mid Long Term Planning 750.032 ‐ General Plan 239,805 ‐ In Progress Ongoing Community Development 702 Mid Long Term Planning 750.048 ‐ Urban Village 250,000 ‐ Cancelled Community Development 702 Mid Long Term Planning 750.049 ‐ MuniCode Updates 25,000 ‐ CancelledCommunity Development 702 Mid Long Term Planning 750.055 ‐ Dark Sky 10,000 ‐ Completed Community Development 702 Mid Long Term Planning 750.090 ‐ Residential/Mixed Use Design 204,649 1,483 In Progress Expected to be
completed with theadoption of the
Housing Element
Community Development 702 Mid Long Term Planning 750.092 ‐ General Plan Auth Process 6,500 ‐ In Progress June 2023 Community Development 702 Mid Long Term Planning 750.100 ‐ CWP Development Accountability 10,000 ‐ In Progress June 2024 See City Work Program update and dashboard for
more information
Community Development 702 Mid Long Term Planning 750.101 ‐ CWP RHNA and Gen Plan Update 847,027 96,290 In Progress See City Work Program update and dashboard for
more information
Community Development 702 Mid Long Term Planning 750.102 ‐ CWP Sign Ordinance Update 25,000 ‐ Not Started See City Work Program update and dashboard for
more information
Community Development 702 Mid Long Term Planning 750.135 ‐ Laserfiche planning map scanning 30,000 ‐ In Progress January 2023 621
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FY 2022-23 Special Projects Update
as of September 30, 2022
Attachment G
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Community Development
711 BMR Affordable HousingFund 750.051 ‐ CWP End Homelessness 228,775 3,271 In Progress June 2023 See City Work Program update and dashboard for
more information
Community Development
711 BMR Affordable HousingFund 750.052 ‐ Habitat for Humanity (ELI) 241,957 870 In Progress June 2023 Community Development
711 BMR Affordable HousingFund 750.093 ‐ De Anza Housing Program 25,000 ‐ In Progress June 2023 Community Development 713 General Building 750.036 ‐ Ongoing Bldg Recrd scan/conversn 14,387 ‐ Completed Community Development 714 Construction Plan Check 750.031 ‐ Westport 152,574 12,440 In Progress 2023 Community Development 714 Construction Plan Check 750.067 ‐ VTC 14,607,164 ‐ In Progress 2028 Community Development 715 Building Inspection 750.067 ‐ VTC 5,406,634 ‐ Not Started 2032Innovation & Technology 300 Administration 750.087 ‐ Pollution Monitoring 14,500 ‐ In Progress November 2022 Innovation & Technology 300 Administration 750.107 ‐ Security Framework and Audit 60,000 ‐ In Progress July 2023 Innovation & Technology 300 Administration 750.173 ‐ CWP Lehigh & SC Quarry 27,000 ‐ In Progress November 2022 See City Work Program update and dashboard for
more information
Innovation & Technology 300 Administration 750.197 ‐ Aclima & Envirosuite Pilot Ext 66,000 ‐ In Progress March 2023 Innovation & Technology 300 Administration 750.222 ‐ CWP Cybersecurity Public Edu 7,500 ‐ In Progress April 2023 See City Work Program update and dashboard for
more information
Innovation & Technology 300 Administration 750.224 ‐ CWP Hybrid Mtg for CC and Commis 15,000 ‐ In Progress February 2023 See City Work Program update and dashboard for
more information
Innovation & Technology 300 Administration 750.227 ‐ CWP License Plate Readers 60,000 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
Innovation & Technology 305 Video 750.109 ‐ Radio Windows 10 Replacement 10,000 ‐ Not Started January 2023Innovation & Technology 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 68,000 ‐ In Progress June 2023 Special projects POs issued Innovation & Technology 308 Applications 750.115 ‐ ERP Exploration 50,000 ‐ In Progress March 2023 Going to Council 11/15 Innovation & Technology 308 Applications 750.117 ‐ Green Halo 3,465 1,953 Completed Innovation & Technology 308 Applications 750.120 ‐ Performance Management App 32,000 ‐ Not Started June 2023Innovation & Technology 308 Applications 750.121 ‐ Pre‐Employment Assessment/Tests 5,000 ‐ Not Started June 2023Innovation & Technology 308 Applications 750.123 ‐ Redesign of City Website 45,000 ‐ In Progress September 2023 Funds encumbered 10/18 Innovation & Technology 308 Applications 750.180 ‐ CAP Implementation Software 20,000                              ‐ Not Started June 2023 Innovation & Technology 308 Applications 750.181 ‐ ERP (Phase II) 106,928                           ‐ In Progress March 2023 Going to Council 11/15 Innovation & Technology 308 Applications 750.182 ‐ Zendesk for Parks and Rec 40,000                              ‐ Not Started August 2023 Innovation & Technology 308 Applications 750.183 ‐ ACA Guide & Wrapper 25,000 ‐ Not Started March 2023 Innovation & Technology 308 Applications 750.184 ‐ Accela Roadmap 25,000 ‐ Not Started TBD after meetingwith Rep.

Innovation & Technology 308 Applications 750.185 ‐ ActiveNet Roadmap 25,000 ‐ Not Started TBD after meetingwith Rep.

Innovation & Technology 308 Applications 750.186 ‐ Consolidated Code Enf Services 40,000 ‐ Not Started June 2023 Funds encumbered Innovation & Technology 308 Applications 750.187 ‐ Crisis Management Software 15,000 ‐ Not Started June 2023 This project hinges on teh County selecting a
Regional Emergency Management system. They areschedule to do that in the third quarter.

Innovation & Technology 308 Applications 750.188 ‐ Semi Annual ADA Consultant 35,000 ‐ In Progress June 2023 Funds encumbered 10/18Innovation & Technology 310 Infrastructure 750.124 ‐ ActiveNet Additional Readers 9,000 ‐ In Progress Jan. 2023 Waiting on Vendor for new release of Readers Innovation & Technology 310 Infrastructure 750.125 ‐ Council Voting System and Timer 32,000 ‐ In Progress December 2023 Waiting on Cloud version software Innovation & Technology 310 Infrastructure 750.130 ‐ Senior Center Access Controls 16,000 ‐ In Progress March 2023 Kickoff meeting w/ PW and Senior Center staff Innovation & Technology 310 Infrastructure 750.131 ‐ Wireless Bridge 1,650 (74) In Progress March 2023 Waiting on small tools required to complete project
(Supply Chain unavailability)
Innovation & Technology 310 Infrastructure 750.171 ‐ Quinlan Touch Screen 40,000 6,389 In Progress November 2022 Supply chain unavailability Innovation & Technology 310 Infrastructure 750.198 ‐ Office 365 E5 Licenses 7,000 ‐ Not Started December 2022 Innovation & Technology 310 Infrastructure 750.199 ‐ City Facilities Video Capture 60,000 28,537 In Progress January 2023 Innovation & Technology 310 Infrastructure 750.200 ‐ CH Ent Server & Storage Tech Ref                           ‐ 150,000 Not Started June 2023 Innovation & Technology 310 Infrastructure 750.201 ‐ Digital Signage 25,000                              ‐ Not Started April 2023 Innovation & Technology 310 Infrastructure 750.202 ‐ CAD & RMS Wan Link 7,200                                ‐ Not Started June 2023 Innovation & Technology 310 Infrastructure 750.203 ‐ Suppl Wi‐Fi Exp in Public Areas 20,500 330 In Progress June 203 Innovation & Technology 310 Infrastructure 750.204 ‐ Proactive Man Risk & Sec Monitor 23,000 ‐ In Progress Dec. 2022 Innovation & Technology 310 Infrastructure 750.205 ‐ Public Bike Smart Rack DockTech 2,000 ‐ Not Started Feb. 2023 Innovation & Technology 310 Infrastructure 750.206 ‐ Sign Shop Printer Warranty 3,000 ‐ Not Started November 2022 622
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FY 2022-23 Special Projects Update
as of September 30, 2022
Attachment G
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Innovation & Technology 310 Infrastructure 900.945 ‐ Fixed Asset Acquisition 46,016 6,016 In Progress June 2023 Working with new Vendor due to former vendor
product unavailability
Innovation & Technology 310 Infrastructure 900.969 ‐ Software 49,000 ‐ In Progress Dec. 2022 Funds are encumbered, invoice is due December Innovation & Technology 986 GIS 750.166 ‐ AR McClellan Ranch 40,000 ‐ In Progress April 2023 Finalizing project scope with Rachelle now.

Innovation & Technology 986 GIS 750.167 ‐ Data Governance & Data Warehouse 75,000 ‐ In Progress March 2023 We will be complete with the Analysis & Design
phase of the project the end of November. Then we
need to select a vendor to implement the design.

Innovation & Technology 986 GIS 750.207 ‐ Additional Telematics Devices 5,300 ‐ Not Started April 2023 Innovation & Technology 986 GIS 750.208 ‐ Geotab Keyless Solution 6,000 ‐ Not Started June 2023 Innovation & Technology 986 GIS 750.209 ‐ Google Query 5,000 ‐ In Progress This is a monthly subscription fee Innovation & Technology 986 GIS 750.210 ‐ Business Process Automation Plat 42,000 ‐ Completed SimpliGov was purchased, staff has been trained, weare now using the platform to automate business process.

Innovation & Technology 986 GIS 750.211 ‐ Drone Instructor Training 1,600 775 In Progress April 2023 The first training has already taken place the 2ndtraining will be in April of next year.

Innovation & Technology 986 GIS 750.212 ‐ Laserfiche Scanning 30,000 ‐ In Progress March 2023 Scanning in the following Departments is already
underway: PW, Clerks' Office
Innovation & Technology 986 GIS 750.213 ‐ Amazon EC2 Instance t3aXLarge 5,000 ‐ Not Started March 2023 Innovation & Technology 986 GIS 750.216 ‐ CIP Management System 98,205 24,025 In Progress June 2023 The Main CIP Appp and Submittal modules are
complete. We are now working on some
enhancements and the Pay Request App.

Public Works 800 Public Works Admin 750.071 ‐ Municipal Water System 22,677 ‐ In Progress June 2023 CC Work Plan Item Public Works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 25,200 ‐ In Progress Ongoing Public Works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 106,245 562 In Progress June 2023 CC Work Plan Item Public Works 801 Resources Recovery 750.137 ‐ SB1383 Procurement Requirements 127,553 ‐ In Progress Ongoing Public Works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con 350,000 ‐ In Progress Ongoing $350K encumbered Public Works 802 Non Point Source 750.196 ‐ Storm Water (SWPPP) Update 19,100 ‐ In Progress June 2023Public Works 804 Plan Review 750.039 ‐ PW Scanning Project 64,009 ‐ In Progress June 2023Public Works 804 Plan Review 750.067 ‐ VTC 1,961,366 ‐ In Progress FY 2026 Public Works 804 Plan Review 750.105 ‐ CWP Revisit 5G 250,000 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
Public Works 804 Plan Review 750.191 ‐ BBF Golf Netting Support Inspect 6,000 ‐ In Progress December 2023 Public Works
807 Service Center
Administration 750.043 ‐ Office Reconfiguration 210,331 ‐ In Progress Ongoing as needed Public Works 808 McClellan Ranch Park 750.025 ‐ Special Maintenance 70,000 ‐ Not Started June 2023 Pedestrian Bridge Decking Replacement Public Works 808 McClellan Ranch Park 750.138 ‐ 4H Perimeter Fence Replacement 30,000 ‐ Not Started June 2023 Public Works 809 Memorial Park 750.025 ‐ Special Maintenance 15,000 ‐ In Progress Ongoing as needed Veteran's Memorial MaintenancePublic Works 811 BBF Ground Maintenance 750.025 ‐ Special Maintenance 30,000 ‐ In Progress June 2023 Pedestrian Bridge Decking Replacement Public Works 812 School Site Maintenance 750.140 ‐ Backflow Prevention Device Repl 6,000 ‐ In Progress June 2023 Public Works 813 Neighborhood Parks 750.025 ‐ Special Maintenance 113,000 ‐ Not Started June 2023 Portal Park Concrete, Wilson irrigation pump
replacement, Franco Park Solar light replacement
Public Works 813 Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 38,273 ‐ Not Started June 2023 Public Works 813 Neighborhood Parks 750.140 ‐ Backflow Prevention Device Repl 10,809 7,950 Completed Completed Public Works 813 Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing 20,000 ‐ Not Started June 2023Public Works 813 Neighborhood Parks 900.990 ‐ Special Projects ‐ PW 25,000 ‐ Not Started June 2023 Monta Vista Trip Hazard Public Works 814 Sport Fields Jollyman CRK 750.140 ‐ Backflow Prevention Device Repl 4,000 ‐ Not Started June 2023 Public Works 814 Sport Fields Jollyman CRK 750.141 ‐ Basketball Court Resurfacing 10,000 ‐ Not Started June 2023Public Works 820 Sidewalk Curb and Gutter 750.020 ‐ Annual Sidewalk Curb & Gutter 1,813,664 57,576 In Progress June 2023 Public Works
821 Street Pavement
Maintenance 900.921 ‐ Annual Asphalt Project 5,527,844 525 In Progress June 2023 Public Works 822 Street Sign Marking 750.025 ‐ Special Maintenance 10,300 10,266 Completed Completed Holiday Banner Replacement Public Works 824 Overpasses and Medians 750.192 ‐ Mound Removals 141,900 935 In Progress June 2023 Public Works 824 Overpasses and Medians 750.193 ‐ Split Rail Fence‐SCB & Mary Ave 16,400 13,923 In Progress June 2023 Public Works 824 Overpasses and Medians 750.194 ‐ Trench Work 40,000 ‐ Not Started June 2023 623
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FY 2022-23 Special Projects Update
as of September 30, 2022
Attachment G
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Public Works 825 Street Tree Maintenance 900.911 ‐ Trees and Badges 15,000                              ‐ In Progress Ongoing Public Works 827 Bldg Maint City Hall 750.144 ‐ Electrical Preventive Maint 25,000                              ‐ Not Started June 2023 Public Works 827 Bldg Maint City Hall 750.145 ‐ Fascia Repair and Painting 60,000 31,692 Completed Completed Project under budget Public Works 827 Bldg Maint City Hall 750.146 ‐ Lower Floor Recarpeting 70,000 ‐ In Progress December 2023 Project under budget Public Works 828 Bldg Maint Library 750.025 ‐ Special Maintenance 45,000 ‐ Not Started June 2023 Ventilation Preventive Maint & Repair Public Works 828 Bldg Maint Library 750.147 ‐ Boiler Preventive Maintenance 5,000 ‐ Completed CompletedPublic Works 829 Bldg Maint Service Center 750.025 ‐ Special Maintenance 109,500 4,741 In Progress June 2023 Conf Room Carpet Replacement, Locker Room Floor
Replacement, Mechanic Bay lighting upgrade, roof
replacement PH 2
Public Works 829 Bldg Maint Service Center 750.150 ‐ Shop Building Roof Recoating ‐ ‐ Completed Completed Completed last FYPublic Works 829 Bldg Maint Service Center 750.152 ‐ Locksmith Training 4,000 ‐ Not Started June 2023 Public Works 830 Bldg Maint Quinlan Center 750.025 ‐ Special Maintenance 34,000 ‐ In Progress June 2023 Conference Room Carpet Replacement, Stage Floor
Refinishing
Public Works 830 Bldg Maint Quinlan Center 750.147 ‐ Boiler Preventive Maintenance 5,000 ‐ Completed CompletedPublic Works 831 Bldg Maint Senior Center 750.025 ‐ Special Maintenance 188,500 6,050 In Progress June 2023 Air Conditioning Replaement, Deck Replacement,
Energy System Upgrades, Partial Roof Replacement
Public Works 831 Bldg Maint Senior Center 900.945 ‐ Fixed Asset Acquisition ‐ 6,257 Completed Completed Ice Machine Replacement Public Works 832 Bldg Maint McClellan Ranch 750.025 ‐ Special Maintenance 55,000 ‐ Not Started June 2023 4H Roof/Gutter Replacement, Mild Barn ExteriorPaint
Public Works 836 Bldg Maint Sports Center 750.025 ‐ Special Maintenance 66,000 ‐ In Progress June 2023 Locker Room Floor Replacement, Raquetball Court
Refinishing, Ventilation Preventive Maint
Public Works 836 Bldg Maint Sports Center 750.155 ‐ Exterior Painting 45,000 ‐ In Progress December 2023 Public Works 836 Bldg Maint Sports Center 750.157 ‐ Door Refinishing 13,520 2,180 Completed CompletedPublic Works 838 Comm Hall Bldg Maint 750.148 ‐ Exterior Door Painting 4,000 ‐ Not Started June 2023 Public Works 841 BBF Facilities Maintenance 750.025 ‐ Special Maintenance 25,000 ‐ In Progress Ongoing as needed Blesch, Byrne and Stocklmeir Maintnance Public Works 841 BBF Facilities Maintenance 750.162 ‐ Uninterrupted Power Supply 5,000                                ‐ Completed CompletedPublic Works 844 Traffic Engineering 750.040 ‐ Planned Transportation Project 80,000                              ‐ In Progress June 2023 CC Work Plan Item ‐ Vision Zero Public Works 844 Traffic Engineering 750.061 ‐ Community Shuttle Pilot Program 836,485 140,451 In Progress April 2023 CC Work Plan Item Public Works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling 160,000 ‐ In Progress June 2023 Public Works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 130,000 ‐ In Progress June 2023 CC Work Plan Item Public Works 844 Traffic Engineering 750.195 ‐ Lawson Middle School Bikeway 40,000 ‐ In Progress December 2023 Public Works 844 Traffic Engineering 750.219 ‐ CWP Bicycle Facilities 50,000 ‐ Not Started June 2023 See City Work Program update and dashboard for
more information
Public Works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study 154,079 ‐ Not Started June 2023 Public Works 845 Traffic Signal Maintenance 750.079 ‐ Adaptive Traffic Signaling 13,156 ‐ In Progress June 2023 Public Works 846 Safe Routes 2 School 750.080 ‐ Pedestrian Education 23,158 ‐ In Progress June 2024 Agreement encumbered for next FY allocation as
well
Public Works 846 Safe Routes 2 School 750.165 ‐ Riding for Focus Program 49,000 ‐ Not Started June 2023 In negotiation with neighboring cities Public Works 848 Street Lighting 750.025 ‐ Special Maintenance 8,300 ‐ Completed Completed Service Center Exterior Building LED Fixtures ‐
completed under budget
Public Works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 213,000 ‐ Completed Completed Luminaire Street Light Poles ‐ completed under
budget
Public Works 849 Equipment Maintenance 750.078 ‐ Mechanic Shop Hose Reels 49,615 49,615 Completed Completed Public Works 853 Storm Drain Fee 750.062 ‐ Permeable Pavement 12,500 ‐ In Progress Ongoing as needed Public Works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 22,894 ‐ In Progress Ongoing as needed Public Works 854 General Fund Subsidy 750.064 ‐ Low Income Cost Share 8,000 ‐ In Progress Ongoing as needed Public Works 854 General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 21,868 ‐ In Progress Ongoing ‐ annualbilling at FY end
Public Works 985 Fixed Assets Acquisition 900.945 ‐ Fixed Asset Acquisition 502,402 34,320 In Progress June 2023 Parks & Recreation
601 Rec & Comm Svcs
Administration 750.096 ‐ CWP Mental Health Support 9,274 ‐ In Progress Ongoing See City Work Program update and dashboard for
more information
Parks & Recreation
601 Rec & Comm Svcs
Administration 750.098 ‐ CWP Senior Strategy 66,778 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
Parks & Recreation
601 Rec & Comm Svcs
Administration 750.164 ‐ CWP Dogs Off Leash Area 5,000 ‐ In Progress June 2023 See City Work Program update and dashboard for
more information
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FY 2022-23 Special Projects Update
as of September 30, 2022
Attachment G
Department Program Account Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Parks & Recreation
601 Rec & Comm Svcs
Administration 750.218 ‐ CWP Artwork at the Library/Exhib 10,000                              ‐ Not Started June 2023 See City Work Program update and dashboard for
more information
Parks & Recreation
601 Rec & Comm Svcs
Administration 750.226 ‐ CWP Intergenerational Engagement 20,000 ‐ In Progress Ongoing See City Work Program update and dashboard for
more information
Parks & Recreation 616 BBF Golf Course 900.945 ‐ Fixed Asset Acquisition 137,000                           ‐ In Progress December 2023 BBF Golf Course Netting 625
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Department Name of Grant Description of Grant Grant Amount Date
Applied
Date
Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Administration National Association of City and County Health Officials (NACCHO) Respond, Innovate, Sustain,and Equip (RISE) Awards To provide resources to the MRC network tosupport COVID‐19 response efforts. $25,000 3/4/2022 3/4/2022 Grant Awarded $25,000 8/11/2022 Administration California Electric Vehicle Infrastructure Project Purchase and installation of EV charging infrastructure at publicly‐owned sites
$4,500 per
charging port
12/22/2020 12/22/2020 Funds Partially
Reserved
$130,500 10/27/2022
Administration Community Decarbonization Engagement Grant Competitive grant for community engagement around decarbonization topics from SVCE
$100,000 4/1/2022 4/4/2022 Grant Applied N/A N/A
Community DevelopmentDepartment
Santa Clara County Permanent Local HousingAllocation (PLHA) Consortium CA Dept of Housing & CommunityDevelopment (HCD)
$165,510 12/15/2021 12/30/2021 Grant Awarded to
County PLHAConsortium
$165,510 N/A
Community DevelopmentDepartment
Santa Clara County Permanent Local HousingAllocation (PLHA) Consortium CA Dept of Housing & CommunityDevelopment (HCD)
$257,254 12/15/2021 12/30/2021 Grant Awarded to
County PLHAConsortium
$257,254 N/A
Information & Technology andCommunity DevelopmentDepartment Dept. of Housing and Community Development Financial assistance for implementation of softwares that accelerate and streamlineHousing Production $310,000 3/20/2020 12/31/2022 Grant Awarded $310,000 3/24/2020 Public Works TIRCP (Transit and Intercity Rail Program) 5‐year expansion of Via shuttle, including partnership with City of Santa Clara
$8,465,000 3/3/2022 3/8/2022 Grant Awarded $8,465,000 7/11/2022 Public Works HSIP (Highway Safety Improvement Program) Improving safety at signalized intersections $2,005,900 9/12/2022 9/12/2022 Pending Results N/A N/A Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $3,561,800 9/12/2022 9/12/2022 Pending Results N/A N/APublic Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $4,450,200 9/12/2022 9/12/2022 Pending Results N/A N/APublic Works OBAG (One Bay Area Grant) Cycle 3De Anza Blvd buffered bike lanes $500,000 7/27/2022 7/27/2022 Grant Denied N/A N/A Public Works Safe Streets 4 All (SS4A) Bollinger Road road diet traffic analysis, outreach and engineering design
$360,000 9/15/2022 9/15/2022 Pending Results N/A N/A
Public Works Cupertino Library Expansion Federal Community Project Funding Grant $1,000,000 3/25/2021 6/10/2022 Grant Awarded $1,000,000 N/A Public Works Jollyman All‐Inclusive Play Area Federal Community Project Funding Grant $1,000,000 4/25/2022 6/10/2022 Grant Denied $1,000,000 N/A Public Works Jollyman All‐Inclusive Play Area State Funding Grant $1,000,000 3/17/2022 7/1/2022 Pending Results $1,000,000 N/A Public Works Jollyman All‐Inclusive Play Area PG&E $25,000 8/8/2022 9/1/2022 Grant Awarded $25,000 10/3/2022 Public Works Jollyman All‐Inclusive Play Area Santa Clara County AIPG $1,440,000 10/10/2018 10/12/2018 Grant Awarded $1,440,000 5/13/2019 Public Works McClellan Road Bridge Reconstruction State Funding Grant $7,500,000 3/17/2022 7/1/2022 Pending Results $5,000,000 N/A Public Works I‐280 Trail‐East TDA3 $1,015,022 12/1/2021 12/1/2021 Grant Awarded $1,015,022 5/25/2022 Public Works I‐280 Trail‐East Measure B $920,978 12/1/2021 12/1/2021 Grant Awarded $920,978 11/12/2021Public Works I‐280 Trail‐Central Measure B $460,000 7/1/2020 7/1/2020 Grant Awarded $460,000 7/14/2020 Public Works I‐280 Trail‐Central Measure B $3,725,000 7/1/2020 7/1/2020 Pending Results $3,725,000 N/A Public Works andAdministration
CalOES Hazard Mitigation Grant Program ProjectSubapplication Cupertino Civic Center Plaza Microgrid studyand construction $979,402 6/17/2021 6/17/2021 Pending Results N/A N/A
Competitive Citywide Grants Tracking
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Department Name of Grant Description of Grant Grant Amount Date
Applied
Date
Due
Status (Grant
Awarded,
Pending Results,
Grant Denied) Grant Amount Awarded Date Awarded
Administration Energy Efficiency Community Block Grant EECBG funds for use in developing energy efficiency services or strategies, code
enforcement, other uses
$139,518 N/A Q4 2022 Pending Results $139,518 Dates and exact amount not yet known
Administration Reach Codes/Building Codes Silicon Valley Clean Energy grant to support reach codes development
$10,000 3/18/2022 4/30/2022 Grant Reserved $10,000 11/30/2022 CommunityDevelopment
Community Development Block Grant(CDBG)
U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $412,800 8/26/2021 Annually:
6/30
Grant Awarded $412,800 2/25/2021
CommunityDevelopmentDepartment
Community Development Block Grant(CDBG)
U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $388,459 10/5/2022 Annually:
6/30
Grant Awarded $388,459 9/26/2022
CommunityDevelopmentDepartment
CDBG‐CV CARES Act Funding U.S. Dept of Housing & Urban Development (HUD) Emergency COVID Allocation
$553,939 8/26/2021 6/30/2022 Grant Awarded $553,939 8/20/2021 CommunityDevelopmentDepartment
Santa Clara County Home InvestmentPartnerships Program (HOME) Consortium U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $993,289 N/A Annually:
6/30
Grant Awarded toCounty HOMEConsortium
$993,289 2/25/2021
CommunityDevelopmentDepartment
Santa Clara County Home InvestmentPartnerships Program (HOME) Consortium U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $1,083,978 N/A Annually:
6/30
Grant Awarded toCounty HOMEConsortium
$1,083,978 9/26/2022
Public Works Bicycle/Pedestrian Education &
Encouragement
2016 Measure B $33,090 9/8/2022 N/A Grant Awarded $33,090 9/29/2022 Public Works Sustainable Infrastructure/Energy Resiliency Grant
To support energy resiliency capitalimprovements
$255,798 6/29/2022 N/A Grant Awarded $255,798 6/29/2022 Public Works CalRecycle SB 1383 Local Assistance Grant
Program
One‐time grant program meant to provideaid in the implementation of regulationrequirements associated with SB 1383. $83,693 1/21/2022 2/1/2022 Grant Awarded $83,693 4/27/2022 Public Works CalRecycle Beverage Container Recycling
City/County Payment Program
Provide opportunities for beverage containerrecycling. Allowable uses include 2 staffattending annual CA Resource RecoveryAssociation conference, water refill stations,and recycling receptacles. $14,812 Funds must be
expensed between
5/03/2022 ‐ 4/1/2024
Annually:
dates vary
Awarded $14,812 5/28/2021
Public Works CalRecycle Beverage Container Recycling
City/County Payment Program
Provide opportunities for beverage containerrecycling. Allowable uses include 2 staffattending annual CA Resource RecoveryAssociation conference, water refill stations,and recycling receptacles.

Pending Pending Annually:
dates vary
Pending Pending Pending
Non-Competitive Citywide Grants Tracking
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Fleet and Equipment Replacement Process
During the Fiscal Year 2022‐23 Operating Budget process, Council asked about the process for tracking vehicles and equipment. This report provides a summary of that process.

Assets are tracked by both the Public Works and Finance Departments. Public Works manages the assets on a day‐to‐day basis, maintaining the inventory and the assets, tracking replacement schedules, and identifying assets annually for replacement. Finance tracks assets where the initial individual exceeds $5,000 and the estimated useful life is greater than one year. The asset’s value is tracked from the point of procurement and all related activities including acquisitions, disposals, transfers, and depreciation are recorded on a quarterly basis. Assets are assigned to the appropriate department, with a pool of vehicles set aside for locations like City Hall where user need varies significantly.

Public Works uses CityWorks, an enterprise asset management software program, to ensure assets receive routine maintenance. The goal of the department is to provide, at minimum, a visual inspection of each asset annually. This ensures the assets are tracked and accounted for and in good operable condition.  More complex assets have industry standard maintenance programs associated with them.

Replacement of assets typically occurs when those assets reach their pre‐determined replacement cycle, as identified through a documented Public Works procedure that aligns with industry best practices.

Replacements are determined based on miles (or hours) and years of service.  The replacement cycle is designed to consider the current asset age and condition as well as the resale value. Upon reaching the identified threshold, that asset is reviewed to ensure it is ready for replacement. When the asset is replaced, the old asset is sold through a third‐party government auction and the gain or loss is accounted for in the fund where the asset is recorded.

In the Fiscal Year 2022‐23 proposed budget, four vehicles and three pieces of equipment are recommended for replacement and one vehicle is a recommended addition as a lease, for a total budget of $669,046. Vehicles and equipment have seen a significant impact on availability from supply chain constraints. From the point of approval, acquisition of these vehicles can take over a year to complete.

The complete list of fleet assets is provided on the following pages. 628
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Equipment Assets
AssetID Year_ Description Location
EQP262 1996 FLAIL MOWER Streets
EQP905 1998 SOD CUTTER Grounds
EQP189 2004 INGERSOL RAND Streets
EQP101 2007 JOHN DEERE MOWER Grounds
EQP83 2008 GOLF CART Park and Rec
EQP185 2011 CLUB CAR Trees/ROW
EQP184 2011 INFEED WOOD CHiPPER Trees/ROW
EQP47 2017 SPREADER Grounds
EQP48 2017 MOWER Grounds
EQP312 2016 CLAW BUCKET FOR EQP #41 Streets
EQP43 2017 CHIPPER Trees/ROW
EQP54 2018 MINI SKID STEER Trees/ROW
EQP55 2019 TILT DECK TRAILER 7000 GVWR Grounds
EQP56 2018 ZERO TURN MOWER Grounds
EQP58 2018 DUMP TRAILER Trees/ROW
EQP59 2018 JACK HAMMER Fleet
EQP1052 2019 BALANCER Fleet
EQP61 2019 MAN LIFT Facilities
EQP62 2019 BAGGER MOWER Grounds
EQP63 2019 GOLF CART Blackberry Farm
EQP65 2019 LOADER Streets
EQP66 2020 13 FT 7000GVRW TRAILER Grounds
EQP67 2020 13FT 7000GVWR TILT TRAILER Grounds
EQP68 2019 48" MOWER Grounds
EQP69 2019 CHIPPER Trees
EQP70 2020 GOLF CART Grounds
EQP443 2020 SKID SPRAYER Grounds
EQP449 2020 BITUMMOUS MACHINE Streets
EQP73 2019 MOWER Grounds
EQP74 2020 VAC TRAILER Grounds
EQP448 2020 STRIPPER Streets
EQP75 2020 ELECTRIC MOWER Grounds
EQP77 2020 5X8 DUMP WWFP
EQP100 2021 TOW BEHIND PRESSUER WASHER TRAILER Grounds
EQP84 2021 LARGE TOWABLE GENERATOR Fleet
EQP90 2022 STUMP GRINDER Trees
EQP91 2022 TILLER Grounds
EQP200 2014 SOD CUTTER Grounds
EQP198 2012 RIDE ON SPREADER Grounds
EQP46 2016 FLAT BED TILT DECK TRAILER 20' Trees/ROW
EQP815 2007 RYAN TOW AERATOR Grounds
EQP183 2011 JOHN DEERE Grounds
EQP202 2014 STAND ON AERATOR Grounds
EQP105 2004 JOHN DEERE MOWER Grounds
EQP179 2001 TRACTOR Grounds
EQP3 2000 SCISSOR LIFT Facilities
EQP107 1992 KOMATSU FORKLIFT Fleet
EQP18 2015 LANDSCAPE RAKE ATTACHMENT Trees/ROW
EQP110 2009 KOMATSU FORKLIFT Traffic Department
EQP45 2017 BUNKER RAKE Grounds
EQP111 2000 JOHN DEERE Grounds
EQP37 2016 WATER TRAILER Trees/ROW
EQP36 2016 GOLF CART Grounds
EQP14 2015 LOADER/TRACTOR Trees/ROW
EQP2 2015 CLUB CAR CART Blackberry Farm
EQP1 2015 CLUB CAR CART Blackberry Farm
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Equipment Assets
AssetID Year_ Description Location
EQP28 2015 8" TRASH PUMP On Call
EQP23 2015 LIGHT TOWER, TRAILER Fleet
EQP161 2000 WACKER 6" PUMP Fleet
EQP80 2014 GOLF CART Park and Rec
EQP106 1998 ROLLER Streets
EQP129 2011 CLUB CAR Fleet
EQP24 2015 STUMP GRINDER Trees/ROW
EQP21 2015 TRENCHER Trees/ROW
EQP118 2001 WACKER GENERATOR Facilities
EQP49 2017 DCA-125SSIU4F Facilities
EQP8 2015 ELECTRIC GOLF CART Grounds
EQP41 2016 LOADER Fleet
EQP27 2015 ELECTRIC GOLF CART Grounds
EQP81 2014 GOLF CART Park and Rec
EQP82 2009 COLF CART Park and Rec
EQP263 2016 HYDRAULIC POWER UNIT Streets
EQP163 - Z TURN MOWER Grounds
EQP1080 - 18,000 HOIST Fleet
EQP20 2015 AUGER Trees/ROW
EQP44 2017 BUNKER RAKE Park and Rec
EQP15 - RIDING MOWER Grounds
EQP164 - DINGO 322-4 Grounds
EQP17 2015 ELECTRONIC MESSAGE BOARD Streets
EQP34 2016 MESSAGE BOARD Streets
EQP102 2004 MOWER Grounds
EQP109 1987 5310 TRACTOR Grounds
EQP146 - EXMARK LAZER 52" Grounds
EQP1081 - 10,000 HOIST Fleet
EQP40 2014 FUEL ISLAND PUMPS AND FUEL STATION, GAS STATION AT YARD Fleet EQP29 2016 RADAR TRAILER Streets
EQP35 2016 RADAR TRAILER Streets
EQP203 - AG SPREAD 55 Grounds
EQP50 2017 TOWABLE AIR COMPRESSOR Trees/ROW
EQP51 2017 BOBCAT SWEEPER ATTATCHMENT Streets
EQP52 2017 CLAW BUCKET FOR EQP117 Streets
EQP42 2016 FLEET AIR COMPRESSOR Fleet
EQP6 2015 GRINDER Streets
EQP30 - GENERATOR, EMERGENCY LOCATED AT CITY HALL Facilities 630
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AssetID Year_ Description Location
VEH491 2012 DUMP TRUCK Streets
VEH458 2019 PLUG IN HYBRID Facilities
VEH8 2002 SERVICE BODY Streets
VEH501 2022 VAC TRUCK Streets
VEH440 2017 UTILITY TRUCK Grounds
VEH464 2022 UTILITY WITH LUMBER RACK Facilities
VEH480 2022 UTILITY LUMBER RACK Grounds
VEH479 2017 FORD TRUCK WITH CRANE Streets
VEH430 2017 DUMP TRUCK ROW
VEH420 2014 DUMP TRUCK WWFP
VEH493 2018 TRANSIT VAN WWFP
VEH46 2007 4 CYD HYBRID Pool Cars
VEH478 2012 TRUCK ROW
VEH450 2015 AERIAL LIFT TRUCK Altec S/N#0415FF3857 (LR60E70) Trees VEH481 2015 TRUCK On Call
VEH455 2012 TRUCK Trees
VEH412 2014 HYBRID CAR Building Department
VEH451 2018 SPORT UTILITY Building Department
VEH415 2015 VAN WWFP
VEH470 2014 TRUCK Streets
VEH425 2012 TRUCK Grounds
VEH463 2015 DUMP TRUCK Grounds
VEH444 2019 UTILITY BOX WITH DUMP & B&W HITCH Grounds
VEH490 2017 ROCK WALL Park and Rec
VEH418 2013 TRUCK Grounds
VEH475 2016 TRUCK Grounds
VEH434 2020 DUMP TRUCK Grounds
VEH500 2020 UTILITY BED W LUMBER RACK ROW
VEH409 2013 FLAT/DUMP TRUCK Grounds
VEH489 2012 UTILITY AND DUMP Grounds
VEH499 2016 AERIAL LIFT TRUCK (Altec S/N#1216FF5848 (LR758) Trees VEH462 2015 SHOP TRUCK Fleet
VEH429 2012 CRANE TRUCK Streets
VEH428 2014 TRUCK Streets
VEH402 2017 UTILITY AWD Code Enforcement
VEH472 2020 PICKUP Grounds
VEH414 2015 VAN Facilities
VEH495 2013 TRUCK Fleet
VEH461 2016 TRUCK Facilities
VEH419 2016 4X2 SUPERCAB Streets
VEH64 2007 SERVICE BODY Facilities
VEH494 2015 TRUCK Grounds
VEH471 2016 HYBRID Pool Cars
VEH422 2016 TRUCK ROW
VEH90 2008 HYBRID Building Department
VEH465 2018 TRUCK Trees
VEH484 2019 DUMP ROW
VEH439 2019 UTILITY BOX WITH DUMP B&W PENTAL HITCH ROW
VEH432 2017 PICKUP UTILITY BOX AND 1500 LB CRAIN Traffic Department Vehicle Assets
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AssetID Year_ Description Location
Vehicle Assets
VEH433 2017 TRUCK WITH LIFTMOORE CRANE Trees
VEH411 2014 HYBRID Building Department
VEH453 2016 HYBRID PW Design
VEH443 2019 CODE CAR Code Enforcement
VEH407 2015 TRUCK Trees
VEH468 2016 AERIAL LIFT TRUCK Altec S/N#0316DE18750 (AT37G) Streets VEH445 2020 PICKUP Grounds
VEH454 2016 ELECTRIC CAR Pool Cars
VEH492 2019 CODE CAR Code Enforcement
VEH467 2016 FLATBED TRUCK Streets
VEH485 2016 HYBRID Building Department
VEH476 2017 LEGEND TRUCK Streets
VEH417 2013 TRUCK Grounds
VEH452 2011 HYBRID Building Department
VEH498 2012 UTILITY AND RACK Grounds
VEH426 2016 HYBRID PW Design
VEH400 2015 VAN Facilities
VEH405 2017 XL WAGONLWB Pool Cars
VEH6 2008 FLATBED/DUMP Streets
VEH483 2017 UTILITY TRUCK Grounds
VEH448 2012 TRUCK Fleet
VEH77 1999 MINI TRUCK Grounds
VEH488 2015 ELECTRIC CAR Facilities
VEH421 2016 HYBRID Building Department
VEH473 2017 TRUCK Grounds
VEH436 2017 TRUCK Grounds
VEH401 2019 HYBRID PICK UP Trees
VEH31 2008 UTILITY W/DUMP Grounds
VEH41 2002 PICKUP TRUCK Park and Rec
VEH437 2019 PLUG IN HYBRID Building Department
VEH403 2017 BOOM TRUCK Streets
VEH460 2018 TRANSIT CONNECT VAN (POOL CAR) Pool Cars
VEH469 2017 CARES COMMUNICATIONS VAN Fleet
VEH2 1988 FLAT BED Grounds
VEH435 2017 UTILITY TRUCK Grounds
VEH486 2017 UTILITY BED TRUCK Facilities
VEH447 2017 TRUCK Streets
VEH413 2012 UTILITY AND RACK Grounds
VEH466 2018 CHIPPER TRUCK Trees
VEH438 2020 CODE CAR Code Enforcement
VEH431 2021 TRUCK Grounds
VEH477 2020 UTILITY TRUCK DUMPBED Grounds
VEH497 2017 PICK UP WITH DUMP BED INSERT Grounds
VEH42 2002 PICKUP TRUCK Park and Rec
VEH427 2020 PICK UP UNTILITY Traffic Department
VEH496 2017 PICK UP WITH DUMP BED INSERT Grounds
VEH459 2013 TRUCK Streets
VEH80 2007 P/U SERVICE BODY Grounds
VEH424 2012 ECONOLINE Facilities
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AssetID Year_ Description Location
Vehicle Assets
VEH38 2006 AERIAL TRUCK (Altec S/N#0506DE7091 (AT37G) Grounds VEH474 2016 TRUCK Grounds
VEH487 2021 HYBRID SUV Building Department
VEH57 2009 AERIAL TRUCK Traffic Department
VEH423 2019 UTILITY DUMP Grounds
VEH449 2013 TRUCK ROW
VEH416 2014 TRUCK Facilities
VEH410 2016 HYBRID Pool Cars
VEH482 2016 TRUCK Fleet
VEH26 2007 CAR Code Enforcement
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CIP PROJECT UPDATE
Program Overview, Accomplishments & Status
The Capital Improvement Program (CIP) Administration Division provides design and construction administration for all capital improvement projects including streets, sidewalks, storm drainage, buildings, parks, bicycle and pedestrian improvements and other public facilities.

The Division ensures that all public improvements are designed and constructed in accordance with community expectations and City standards. The Division places safety of the public, City employees, and workers as the highest priority in the delivery of capital projects.

November 2022; Q2 FY2022 - 2023
Status of Current CIP Projects
The categories below directly correlate to the categories in the FY22-27 CIP Schedule. Furthermore, the projects are colorcoded to illustrate the type of project. These ‘types’ are somewhat intuitively, rather than effectively ascribed to the projects, as many projects would fall into multiple categories. • Facilities-related CIP Projects (orange) – 9 active projects, 1 deferred • Streets and Grounds-related CIP Projects (red) – 3 active projects, 3 completed, 1 deferred • Traffic, Bike and Pedestrian-related CIP Projects (blue) – 11 active projects, 3 completed, 2 deferred • Parks and Recreation System-related CIP Projects (green) - 12 active projects, 2 completed, 2 deferred Total: 35 active projects, 8 completed, 6 deferred (on hold).

CATEGORY 2 - EXISTING PROJECTS - MULTI-YEAR FUNDING (4) Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
ADA
Improvements
This is an ongoing
program funded
annually to improve
accessibility at all public
facilities throughout the
City.

Design Ongoing Undertaking improvements at
Wilson Park, Wintergreen Dr.
entrance. Update to 2015 report
will be proposed for FY23-24.

Annual
Playground
Replacement
Replacement of older
playground equipment
that is dated and worn.

Creekside
Tot Lot -
Complete
Ongoing Creekside Tot Lot construction
complete; opened in October 2022.
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Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
Park Amenity
Improvements
Funding for various
park amenities such as
benches, hydration
stations, outdoor table
tennis, cornhole, shade
structures, pickleball
striping, etc.

Construction Ongoing 8 hydration stations have been
installed at various parks.

Outdoor table tennis tables have
been installed at Jollyman Park
and Wilson Park. Pickleball
striping completed at court 2 at
Memorial Park.

Street Light
Installation -
Annual Infill
Design and install
streetlights on an as
needed basis.

Complete Ongoing Installations for this fiscal year are complete. Year 3 of 5.

CATEGORY 3 - EXISTING PROJECTS – FUNDED (22)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Bicycle
Boulevard
Interim
Improvements,
Ph. 2
Improvements from
2016 Bicycle
Transportation Plan.

Construction December
2022
Implementation of the planned
improvements is underway,
nearing completion.

Bicycle
Boulevard
Interim
Improvements,
Ph. 3
Improvements from
2016 Bicycle
Transportation Plan.

Design Phase 3 outreach and design in
progress.

Blackberry
Farm Golf
Renovation /
Alternative Use
Study
Study to determine
options for the BBF
Golf Course: minor
repairs or alternative
use (‘natural habitat’).

Feasibility/
Report
Complete Consultants’ reports and Public
comments are compiled. Report
delivered to Joint Commission
(Parks & Rec, Bicycle/Ped,
Sustainability) on 8/08/2022.

Awaiting opportunity to
present to Council for further
action.

Blackberry
Farm Pool
Improvements
Make improvements to
the pools and facility
related to safety,
accessibility, and
maintenance.

Bid, Permit May 2023 Design and Construction
documentation is underway.

Construction is scheduled to
begin in January 2023.

City Hall and
Community
Hall
Improvements
(Programming
and Feasibility)
Programming,
Feasibility and
Community Outreach
to form the basis of a
renovation strategy for
the buildings.

Feasibility/
Report
N.A. Meetings with C.H. Project
Subcommittee are complete.

Report going to Council on
11/15/2022.
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Project Title Description Current Phase Scheduled
Completion
Status/Notes
City Hall
Annex (10455
Torre Avenue
Improvements)
Program, plan and
build facility
improvements
required for interim
facility to
accommodate staff
while City Hall is
remodeled, as well as
the long-term use of
this facility.

Design Summer
2024
Design process underway. EOC
scope added to the project in
October 2022.

Citywide
[Satellite]
Community
Garden (Wilson
Park)
Develop a program to
establish community
gardens throughout
the City.

Bid & Permit –
Wilson Park
Late Spring
2023
Design and Construction
documentation is underway.

Construction is scheduled to
begin in January 2023.

Citywide
Building
Condition
Assessment
Implementation
Implement
recommendations
identified as a priority
in the Comprehensive
Facility Condition and
Use Assessment.

Construction,
Feasibility
Ongoing. Sports Center Fire Panel
Replacement: Bid process
complete, Contract awarded
and work is scheduled for
November 2022.
2018 Report Update/Dashboard
creation: research and report
generation underway.

Civic Center
Parking
Analysis
Analyze the parking
requirement for the
Civic Center.

Implement mitigation
measures identified in
2018 report.

Feasibility/
Report,
Implementation
Ongoing,
Book DropOff
completed
Torre Avenue Book Drop
completed Summer 2022.

Implementation of many measures
dependent upon schedule of
employees returning to City Hall.

Lawrence-Mitty
Master Plan
Develop a Master Plan
for a proposed
neighborhood park
located on several
acres of land adjacent
to Saratoga Creek, near
the intersection of
Lawrence Expressway
and Mitty Way.

Design April 2023 Initial Site Analysis and Public
Outreach completed and
posted. Commission and
Council reports in November
and December 2022.

Development of the design will
continue in early 2023.

Library
Expansion
Project
Develop a design and
construct a 5600 SF
addition to the existing
Library building.

Building:
complete.

Landscaping:

Bid
2023 Building Construction is
complete; Landscaping (bid and
construction) to continue in
2023.
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Project Title Description Current Phase Scheduled
Completion
Status/Notes
Memorial Park
- Amphitheater
Improvements
Design and construct
Memorial Park
improvements,
specifically addressing
the needs of the
Amphitheater.

RFQ 2024 Design consultant team RFQ is
under development.

Memorial Park
- Pond
Repurposing
Design and construct
Memorial Park
improvements,
specifically addressing
the immediate state of
the drained ponds.

Construction November
2022
Construction completion
scheduled for November 2022.

Memorial Park
- Specific Plan
Design
Following the findings
of the Master Plan
process, develop a
conceptual design for
Phase One features and
amenities.

Design Summer
2023
Initial Public input received,
design alternatives under
development. Design
alternatives under
development, public review
period in early 2023.

Pumpkin and
Fiesta Storm
Drain Project,
Phase 1 & 2
Design storm drainage
improvements at
Pumpkin Drive, Fiesta
Lane, as identified in
the Storm Drain Master
Plan.

Design Spring 2023 Design, including hydraulic
testing, underway.

Regnart Creek
Trail Fencing
Construction of
privacy fencing along
properties abutting
Regnart Creek trail.

Construction December
2022
The concrete panel fencing
construction is underway, the
final wood/composite fences are
nearing completion.

Regnart Road
Improvements,
Phase 1
Phase 1 will construct a
retaining wall to
stabilize the road slope
to the creek from Sta
28+40 to 29+80 (approx.
140 LF).

Design, Permits 2023 Phase 1 design in progress. Bid
process will begin once the
environmental permitting is
complete.

Traffic Calming Funding to respond to
citizen requests for
traffic calming to
reduce vehicle speeds,
improve pedestrian
and bike safety.

Ongoing Ongoing Ongoing; responding to
resident concerns when they
occur.

All Inclusive
Playground:

Adult-Assistive
Design and construct a
new adult-assistive
bathroom facility
Design Summer
2024
Consultant agreements
initiated; design process
underway.
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Project Title Description Current Phase Scheduled
Completion
Status/Notes
Bathroom
Facility
adjacent to the AllInclusive Play Area.

City Lighting
LED
Improvements
Implement the
transition of City's
streetlight
infrastructure from
induction and other
fixtures to LED fixtures
to meet the "Dark Sky"
Ordinance
requirements and
reduce light pollution
and energy cost.

Feasibility Pending Awaiting finalization of LED
report before initiating this
work.

DeAnza Blvd
Buffered Bike
Lanes
Restripe De Anza Blvd
to include a painted
buffered zone between
the existing bike lane
and the vehicle lanes.

Design Summer
2023
Design Process underway
Stocklmeir,
Bryne and
Blesch:

Inspection
Reports and
Analysis
Instigate property
inspection reports and
work with outside
consultants to develop
initial use and business
strategies appropriate
for the three residential
properties owned by
the City.

Feasibility
Study
Summer
2023
Staff will work to contract
appropriate consultants in early
2023.

CATEGORY 4 - EXISTING PROJECTS WITH EXTERNAL FUNDING (9) Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
All Inclusive
Play Area
(Jollyman Park)
Design and construct an
all-inclusive
playground at Jollyman
Park
Design Summer
2024
Design process nearing
completion. Bid and permit phase
will follow.

Electric Vehicle
Parking
Expansion
Expansion of the
existing level 2 charging
ports at municipal
properties from twelve
(12) ports to thirty-two
(32) ports. In addition,
install five (5) level 3
RFQ T.B.D. Previously identified grant
fundings are unavailable. Scope
revision is necessary and
underway. RFQ process (not
RFP/Bid) approved by Council on
11/01/2022.
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Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
(DC Fast Charging)
ports.

Full-sized
Outdoor
Basketball
Court (Wilson
Park)
Install a full-size
basketball court at a
park, following the
Parks and Recreation
System Master Plan.

Bid Summer
2023
Design and Construction
documentation is underway. Will
be posted for G.C. bid in
November 2022.

I-280 Trail -
Central
Segment
Design and construct an
off-street bicycle and
pedestrian facility
parallel to the I-280
HWY, from De Anza
Blvd. Wolfe Road.

Design Fall 2024 Design phase will pause now that
IS/MND is underway; East
segment will continue.

I-280 Trail -
East Segment
Design and construct an
off-street bicycle and
pedestrian facility
parallel to the I-280
HWY, from Wolfe Rd.
to Vallco Parkway.

Design Spring 2024 Design Phase underway. Draft
Environmental review report
(IS/MND) received and in review.

McClellan Road
Separated Bike
Corridor, Phase
3 Improve pedestrian and
bicycle safety by
reconfiguring the
intersection and vehicle
movements.

Bid Summer
2023
Project will be posted for public
bid process in November 2022
QCC Multi-Site
Sustainable
Infrastructure
Upgrade
Develop
recommendation for
Council on a complete
facility upgrade for
heating and cooling
system, emergency
power system, and
renewable energy.

RFQ 2024 Sports Center fire panel
replacement will be installed
shortly. The RFQ process for
energy service companies
(ESCOs) to perform audit and
initiate improvements was
completed. Award of Contract
will come to City Council in early
2023.

School Walk
Audit
Implementation
Construct infrastructure
related improvements
around schools that
were identified as part
of the comprehensive
School Walk Audit
study.

Ongoing/
Construction
Ongoing
Stevens Creek
Boulevard CL
IV Bikeway -
Phase 2 –
Design and
Construction of the
separated bikeway
along Stevens Creek
Design/Bid 2024 95% design complete,
Construction for Phase 2A will
begin Winter 2022.
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Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
Design &
Construction
Blvd from Wolfe Road
to DeAnza Blvd (2A)
and De Anza Blvd to
US-85 (2B). This
includes signal
upgrades at Bandley
Drive.

CATEGORY 5 - COMPLETED PROJECTS (8)
Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
Annual
Playground
Replacement
Replacement of older
playground equipment
that is dated and worn.

Creekside
Tot Lot -
Complete
Ongoing Creekside Tot Lot construction
complete; opened in October
2022.

City Lighting
LED Transition
Assessment
Develop a strategy to
transition the City's
streetlight
infrastructure, and
other City operated
lights, from induction to
LED fixtures to meet
the “Dark Sky”
requirements and
reduce light pollution.

Complete Survey is complete.

Implementation/ replacement
project is included in the new
FY22-23 CIP project “City
Lighting - LED improvements”.

Homestead/De
Anza – Design
& Construction
Modify traffic signal to
relocate medianmounted mast arm
poles to the corners.

Complete Poles ordered; storage
coordinated. Award of GC
contract will come to Council in
May 2022.

Regnart Creek
Trail
Construction of a multiuse trail along Regnart
Creek
Complete Construction is complete, some
punch list items remain to be
addressed. Opening of the trail
will occur after the fences along
the trail are constructed.

Retaining Wall
Repair -
Cordova Road
Replace failing
retaining wall lagging
with City forces.

Complete Construction completed Summer
2022.

Sidewalk
Improvements -
Acquire right-of-way as
needed, initiate design
and construction of
Complete Byrne is complete; Orange
Avenue construction now
completed. PG&E poles
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Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
Orange &
Byrne
sidewalks where there
are gaps, as well as
curb, gutter, and
drainage
improvements.
relocation is still being worked
out with PG&E.

Stelling and
Alves
Crosswalk
Installation
Install a crosswalk and
pedestrian-actuated
RRFB across Stelling at
the north leg of the
intersection with Alves
Drive.

Complete Ramps’ rework, Striping and
flashing light installation
completed Summer 2022.

Tree Inventory
- Stevens Creek
Corridor
Inventory and map
City-owned trees that
are within the Stevens
Creek Corridor,
including the BBF golf
course.

Complete Survey is complete, report under
review by staff.

CATEGORY 6 - DEFERRED PROJECTS (ON HOLD) (6)
Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
City Bridge
Maintenance
Repairs
Design and construct 5
bridges' repairs as
recommended in the
Caltrans Bridge Report
along with additional
improvements to
prolong the useful life
of the bridges.

Deferred Federal Funding on hold until
2024.

I-280 Trail - West
Segment
Design and construct
an off-street bicycle
and pedestrian facility
parallel to the I-280
HWY, from the Don
Burnett Bicycle –
Pedestrian Bridge to
De Anza Blvd.

Deferred This segment will be on hold
until the other segments are
designed.

Interim City Hall Establish an interim
facility to
accommodate City
Staff if existing City
Hall were to be
Deferred This funding may be required to
provide City Hall services while
the building is under
construction.
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Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
replaced or
significantly
remodeled.

McClellan Road
Separated Bike
Corridor - Byrne
Ave to Imperial
Ave, Phase 4
Design and construct
separated bike lanes on
McClellan Rd. from
Imperial Ave to Byrne
Ave.

Deferred Ph. 4 on hold until ROW’s are
acquired.

Stevens Creek
Corridor Park
Chain Master
Plan
Study the various uses
of public lands along
Stevens Creek for
optimal public use and
operation and develop
a master plan.

Deferred On hold, pending completion of
Blackberry Farm Golf
Renovation/ Alternative Use
Study
Sports Center
Community
Needs Analysis
Evaluate the potential
long-term needs of the
facility, the cost of
renovations and
repairs and the cost
effectiveness of those
improvements.

Deferred P&R performed some analysis
and determined short-term
improvements/repairs. A more
in-depth analysis will be
included in the new FY22-23 CIP
project “Major Recreation
Facilities: Use and Market
Analysis”
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CITY OF CUPERTINO
Agenda Item
22-11630 Agenda Date:
11/15/2022 Agenda #:

24. Subject: Consider City Hall Renovation Project update

1. Receive report of the City Hall Project Subcommittee; and

2. Direct staff to include the City Hall Renovation Project as part of the fiscal year 2023-24 proposed Capital Improvement Program (CIP) project and budget
Presenter: Susan Michael, Capital Improvement Programs Manager CITY OF CUPERTINO Page 1 of 1 Printed on 11/10/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider City Hall Renovation Project update.

Recommended Action

1. Receive report of the City Hall Project Subcommittee; and

2. Direct staff to include the City Hall Renovation Project as part of the fiscal year 2023-24 proposed Capital Improvement Program (CIP) project and budget.

Executive Summary
City Council appointed Councilmembers Moore and Willey to the City Hall Project Subcommittee to evaluate the most efficient solution for the City Hall renovation project.

The City Hall Project Subcommittee reviewed details of facility needs for City Hall in a series of six meetings. The meetings covered six broad topics and allowed the Subcommittee to delve into the details of each category. Although the individual topics provide a basis for the decision, all factors combined, including project costs and funding, were necessary to complete the final recommendation. The Subcommittee is confident in their final recommendation to Council in identifying a direction.

Based on the Subcommittee’s recommendation, the Council may consider directing staff to develop a project for Council consideration in the Fiscal Year (FY) 2023-24 Capital Improvement Program (CIP) Budget that provides for a renovation of City Hall to Risk Category II (as defined by section 1604.5 of the California Building Code) seismic standards, addressing deferred capital maintenance and space programming needs, with a target project cost of $25.6 million. Separately, the Subcommittee recommends that the upcoming CIP include short and medium-term Civic Center parking solutions that provide modest parking improvements, allowing future evaluations of significant parking modifications.

Background
At the July 19, Council meeting, Councilmembers Moore and Willey were appointed to the City Hall Project Subcommittee. The purpose of the Subcommittee was to review the City Hall facility, evaluate viable solutions and bring forward recommendations for Council’s consideration. The review would include options for seismic upgrades to the existing 644
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building, renovations to the existing building, replacement of the existing building, and other elements to support ongoing city operations. To support the work of the Subcommittee, staff enhanced the amount of information available on a project specific webpage: https://www.cupertino.org/our-city/departments/public-works/capitalimprovement-program-projects/city-hall-project. Presentations to the Subcommittee are also posted on this webpage.

On August 2, the City Hall Project Subcommittee met for the first time. The Subcommittee meetings were set to cover the following topics and meetings five and six were ultimately combined as the Subcommittee made fast progress in reviewing the topics:

Meeting 1 – Orientation, background, facility tour
Meeting 2 – Seismic deficiencies and options
Meeting 3 – Emergency Operations Center (EOC) needs and options Meeting 4 – Space programming
Meeting 5 – Parking
Meeting 6 – Funding options and recommendations
The last Subcommittee meeting took place on October 21.

Although addressed individually, the topics among the six meetings are interrelated. For example, seismic upgrade needs are influenced by the location of the EOC. This, and the cost considerations, led to the Subcommittee’s recommendation on October 18 to include the EOC as part of the City Hall Annex scope.

At the first meeting, staff provided a background of elements associated with the project and a meeting schedule consisting of specific topics across planned meetings. The identified goal of the meetings was to conduct a deep dive into each agenda item so that the Subcommittee could fully understand the necessary considerations, ask questions, and ultimately present a full understanding of the subject matter to the entire Council. Through condensing the amount of time between meetings and extending the duration of each meeting to exceed two hours, the Subcommittee was able to finish the discussion ahead of the planned timeline, allowing for a timely discussion of this item by the Council as a whole.

Discussion
This section of the staff report tracks each of the topics discussed by the Subcommittee, providing highlights of the discussion and key considerations.

Project Orientation – The first meeting of the Subcommittee focused on sharing the current status of ongoing efforts, available information collected through studies over the years, and potential project elements that trigger further project scope. The Subcommittee was able to provide a series of questions that helped staff to be prepared for future discussions. 645
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The meeting also provided an opportunity to tour the entire City Hall facility, including areas that are normally not accessible to the public or councilmembers. During the tour, the Subcommittee was able to experience the aged equipment in the lower level, including mechanical and electrical equipment. The location of the generator within the building was noted as a concern as well, both from a safety and functionality perspective. The age and the condition of the equipment means that replacement of that equipment will be required in the short term, irrespective of whether or not a City Hall project proceeds.

In addition to the aging equipment, the Subcommittee observed cracking and spalling in columns around the perimeter of the building which became the emphasis of meeting #2 discussion that focuses on addressing seismic deficiencies.

The Subcommittee also noted the inefficiency of space programming for all City Hall staff, especially when looking at the underutilized EOC, residing in the former Council Chambers.

Seismic Evaluation – The second Subcommittee meeting focused primarily on the seismic evaluations of the building. As demonstrated on the project webpage, numerous studies have been conducted over the years. These reports consistently concluded that the facility has structural deficiencies. These deficiencies stem from design errors in a 1986 remodel of the facility, wherein calculations were improperly made. The Subcommittee reviewed seismic requirements for both a Risk Category II (standard office) and a Risk Category IV (essential facilities) building. Through the course of discussion, the Subcommittee provided guidance at looking for alternative locations for the Emergency Operations Center in order to expand the options for City Hall. The Subcommittee then recommended the Council to locate the EOC at the City Hall Annex building and Council confirmed such direction on October 18. The option to incorporate Category II instead of Category IV seismic upgrades could reduce the project cost by $500,000.

Emergency Operations Center – The Subcommittee received a full overview of the EOC functions and staff provided a review of eight alternate locations for the EOC, leading ultimately to the incorporation of the future EOC into the City Hall Annex project as directed by the Council on October 18. This decision potentially relieves a future City Hall project from the obligation of Category IV seismic upgrades. In addition, this allows for use of the current EOC space for programming to meet overall space needs, a key component of identifying the future size requirements of the City Hall building.

From a financing perspective, moving the EOC to the City Hall Annex added approximately $500,000 to that project cost. The estimated addition for an EOC in a future City Hall project would be twice that amount, or approximately $1 million.

Parking and Programming – This session looked at past, present, and future needs of interior office spaces, and areas for additional parking spaces, with consideration for what elements could be addressed now and what could be done in a subsequent phase. This is most 646
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evident in the area of parking, where several options were considered. Because current parking is not as impacted as was the case when previous evaluations were done, an incremental program was developed. This reduced parking demand is largely attributable to City staff working remotely, removing the need for an immediate expensive solution.

The parking evaluation resulted in a recommendation to implement parking along the back of Community Hall, adding 16 spaces of capacity (creating parking on both sides of the drive aisle). This work can be completed independent of any other project, serving both the Library and City Hall functions. A second phase could add approximately 21 new parking spaces along the Memorial Grove opposite of Library Field. See Figure 1, below. This would require some adjustments to Library Field and is seen as a medium-term project that can also be implemented independent of other projects and with careful community engagement.

Figure 1: Locations of additional parking proposals
A longer-term option includes the construction of a parking garage to meet expanded parking needs. Given this is a more significant project, the Subcommittee recommends deferring discussions until after parking improvements are made and the parking demand is evaluated.

In addition to planning for parking, the Subcommittee evaluated the needs associated with the facility to meet the public facing service needs. Included in the evaluation was the 647
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success of the City Hall Annex model and the potential for an additional annex building to meet growth needs in the future.

Projecting a ten percent growth in city hall staffing, there are approximately 143 staff members who will be needing individual workspace at City Hall. Staff estimates that City Hall can accommodate between 107 and 126 staff at its current size once renovated. Several strategies can play together to address the shortfall in space:

Strategy Reduction in
Staff at City Hall
Remote Work – 30% of staff 43
City Hall Annex 25
Additional Future Annex Building 25
These strategies allow for workspace design flexibility. Once complete, the City Hall Annex will provide immediate relief. If approved, a new City Hall Renovation project would create a short-term need for leased space during the construction phase. Following that, the newly renovated City Hall would be able to accommodate all staffing with the continuation of a remote work program. Ultimately, the City can consider constructing additional space similar to the City Hall Annex, if the space assessment at the time warrants such a decision.

Funding Options – The Subcommittee examined a variety of cost and funding options that incorporated the consideration of project needs and wants, City available capital funds, and options for debt financing. The project costs are budgeting level estimates at this stage and options for funding have been grouped to align with potential project size and scope.

The following table outlines potential funding options.

Project Size Funding Options
Small ($10M) General Fund Unassigned Fund Balance
OR
General Fund Capital Reserve
Medium (up to $45M) General Fund Unassigned Fund Balance AND
General Fund Capital Reserve
Large (greater than $45M) Debt Financing
A small project would be something the City could fund through available funds while still maintaining a robust capital program. A medium size project could impact the capacity of the capital program in the short-term but is something the City could fund with available balances. A larger project would require a more intense debt financing assessment. 648
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The following table captures a number of options as reviewed by the Subcommittee. The recommended option as highlighted, would require $25.6 million in funding, assuming construction in 2024.

Element Area SF Cost / SF 2023 Project Total
(+25% soft costs)
2024 Project Total
(+5% escalation)
City Hall Renovation - Seismic
Only, Risk Category II
24,140 $216 $6,506,635 $6,831,967
City Hall Renovation - Seismic
Only, Risk Category IV
24,140 $232 $7,007,540 $7,357,917
City Hall Renovation - Seismic,
MEP/IT, Interior gut, Risk
Category II
24,140 $807 $24,364,200 $25,582,410
City Hall Renovation - Seismic,
MEP/IT, Interior gut, Risk
Category IV
24,140 $868 $26,194,616 $27,504,347
City Hall Replacement, Risk
Category II
24,140 $804 $24,250,139 $25,462,646
City Hall Replacement, Risk
Category IV
24,140 $908 $27,401,918 $28,772,013
City Hall Replacement w/
Added Floor, Risk Category II
36,140 $809 $36,547,027 $38,374,378
City Hall Replacement w/
Added Floor, Risk Category IV
36,140 $914 $41,271,880 $43,335,474
City Hall Replacement w/
Added Floor + 100 spaces
Underground parking, Risk
Category II
70,140 $529 $46,339,451 $48,656,424
City Hall Replacement w/
Added Floor + 100 spaces
Underground parking, Risk
Category IV
70,140 $582 $51,064,305 $53,617,520
Note: Risk Category II is a standard office building, constructed to remain standing and allow egress for occupants following a seismic event. Risk Category IV is an “Essential Facility”, constructed to remain operational following a seismic event. (Reference: California Building Code, Table 1604.5)
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Conclusion – The Subcommittee considered the variables as outlined above and made the following conclusions:
 The combination of space needs, seismic deficiencies, and deferred capital maintenance justify an investment in the City Hall facility.  Incorporating the EOC into the City Hall Annex project has relieved the requirement for a Category IV building.
 The successful acquisition of the City Hall Annex property provides space and a model for additional future space as it is needed.
 Although parking has been challenging historically, new dynamics in the workplace combined with small capacity enhancing improvements may alleviate the immediate need, allowing for the decision on expanding parking capacity to be deferred.
 The City’s strong financial position could allow for a project up to $45 million.  A City Hall renovation project investing approximately $25.6 million can meet the business needs of the City.

Thus, the Subcommittee recommends Council to consider directing staff including the City Hall Renovation project in the FY 2023-24 CIP Budget that provides for a renovation of City Hall to Category II seismic standards, addressing deferred capital maintenance, and space programming needs, with a target project cost of $25.6 million. Separately, program parking solutions for short and medium-term modest increases in parking, retaining larger parking additions for future evaluation.

Next Steps
Based on the Council discussion, staff will develop future projects for consideration with the annual CIP Budget.

Sustainability Impact
There are no sustainability impacts from this agenda item. Future projects will be evaluated for sustainability impacts as they are developed.

Fiscal Impact
There is no fiscal impact from this report. Future budget allocations will be made through the annual budget process.
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Prepared by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
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