Mayor Wei closed the public comment period.
Chao moved and Fruen seconded the staff recommendation to authorize the City Manager to execute an On-Call Maintenance Service Contract with West Coast Arborists, Inc. for three years, at an annual amount not-to-exceed $200,000 per year, for a total of $600,000 and if performance is satisfactory, allow up to two additional years of service. The motion carried unanimously.
PUBLIC HEARINGS
7. Subject: Consider petition for reconsideration regarding the City Council decision of February 7, 2023 to uphold the appeal in part, approve one of the two requested freewayoriented signs, and deny the requested sign exception. Application No(s): EXC-2022-003; Applicant(s): David Ford (All Sign Services); Location: 20565 Valley Green Dr.; APN #326-10-044.
Recommended Action: That the City Council conduct a public hearing, adopt Resolution No. 23-039 (Attachment A) denying the petition for reconsideration.
Councilmembers disclosed any ex parte communications prior to deliberation in this matter.
Written communications for this item included a staff presentation, applicant/appellant presentation, a supplemental report with staff responses to councilmember questions and amended Attachment B – Petition for Reconsideration by Rhoda Fry, a desk item with staff responses to councilmember questions, and emails to Council.
Senior Planner Gian Martire reviewed the gave a presentation.
The petitioner gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public hearing and the following people spoke.
Jennifer Griffin supported maintaining dark skies and Highway 280 as a scenic highway and approving a sign that works for the community.
Albert Lee was concerned about the hours of lighting exceeding regulation allowances, maintaining Highway 280 as a scenic highway, and supported the reconsideration.
Housing Commissioner Connie Cunningham (representing self) supported approving the reconsideration, limiting the hours for lighting, and revisions to the Sign Ordinance. 153
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Lisa Warren supported the petition for reconsideration and disagreed with the staff recommendation.
Brooke Ezzat shared video discussing the building, signage, and lighting impacts from Highway 280, including landscaping and hallway lighting.
Jun was concerned about the hours of lighting exceeding regulation allowances.
Danessa Techmanski opposed existing and new signage and supported the petition for reconsideration.
Housing Commissioner Govind Tatachari (representing self) supported the reconsideration and revising the Sign Ordinance and was concerned about light pollution.
Annie Yang (representing Santa Clara Valley Audubon Society Environmental Action Committee) opposed the sign, was concerned about artificial light hazards, and supported revising the Sign Code.
Peggy Griffin opposed the new sign, was concerned about lighting and Code violations, and supported approving the reconsideration.
Housing Commissioner Tessa Parish (representing self) was concerned about lighting hazards to animals and supported the reconsideration and conforming to regulation.
San R was concerned about resident outreach and feedback, the lighting impacts, and supported approving the reconsideration.
Mayor Wei closed the public hearing.
Moore moved and Chao seconded to accept the Petition for Reconsideration because the petitioner has demonstrated the decision was not supported by findings of fact regarding Code Sections 19.104.220 C and G, particularly with regards to what the signage looks like and impacts from various views on the freeway, and the explanation of these subdivisions was not adequately made, and that the petitioner provided new information not provided at an earlier hearing; namely, that the freeway oriented sign already in place fulfilled the allowance for the freeway oriented signage. This motion was not voted on.
Wei moved and Mohan seconded a substitute motion to approve the staff recommendation to adopt Resolution No. 23-039 denying the petition for reconsideration. 154
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City Council Minutes March 21, 2023
Chao moved and Moore seconded a second substitute motion to approve the reconsideration petition based on the following facts:
The fact that the definition for “freeway signs” and “visible” were not made available to the Council.
The fact that Sign One is a freeway facing sign according to the CMC and California Business and Profession Code was not available.
The fact that the development already has one freeway sign was not mentioned. The fact that the Council did not know Sign Two will be the second freeway sign. The fact that there was no information that the signs face the condos across the I280 and thus no information on its impact. The fact that the City did not do our due diligence to notify residents beyond the minimum requirement to include residential developments significantly impacted by the signs, at the discretion of the Community and Development Department. The fact that there was no information that the illumination and the color has excessive illumination and glare in an area, which is mostly dark.
Thus, the Council finds that there is
1. An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing.
2. An offer of relevant evidence which was improperly excluded at any prior city hearing.
4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing.
5. Proof of facts which demonstrate that the City Council abused its discretion by:
b. Rendering a decision which was not supported by findings of fact; and/or c. Rendering a decision in which the findings of fact were not supported by the evidence.
The second substitute motion failed with Chao and Moore voting yes.
Final motion:
Wei moved and Mohan seconded a substitute motion to approve the staff recommendation to adopt Resolution No. 23-039 denying the petition for reconsideration.
The substitute motion carried with Chao and Moore voting no.
Council recessed from 9:53 p.m. to 10:03 p.m.
8. Subject: Consider adoption of a Resolution approving Tamien Innu (Tamien Trail) as the officially recognized trail name for the I-280 Trail
Recommended Action: Conduct a public hearing and adopt Resolution No. 23-040 (Attachment A) approving Tamien Innu as the officially recognized trail name for the I280 Trail Written communications for this item included a staff presentation, a supplemental report 155
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City Council Minutes March 21, 2023
with staff responses to councilmember questions, and a desk item with staff responses to councilmember questions.
Public Works Project Manager Evelyn Moran gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public hearing and the following people spoke.
Jennifer Griffin supported preserving the history of California and naming the trail after Steve Jobs.
Lisa Warren supported ideas to improve survey participation.
John Zhao (representing the Bicycle Pedestrian Commission) reported that the Commission unanimously recommended renaming the trail as Tamien Innu.
Parks and Recreation Commissioner Jennifer Shearin (representing self) supported approval of naming as Tamien Innu.
Liana Crabtree supported renaming the trail as Tamien Innu.
San R was concerned about survey participation and supported postponing the item to gather more names and consider Hewlett and Packard and Jobs Trail.
Mayor Wei closed the public hearing.
Fruen moved and Moore seconded to adopt Resolution No. 23-040 approving Tamien Innu as the officially recognized trail name for the I-280 Trail. The motion carried unanimously.
Fruen moved and Mohan seconded to extend the meeting to 11:00 p.m. and to hear Item 10 before Item 9. The motion carried unanimously.
ACTION CALENDAR
10. Subject: 2022 General Plan Annual Report and Housing Element Annual Progress Report (APR) on forms required by HCD
Recommended Action: Receive reports and authorize submittal to the Department of Housing and Community Development (HCD)
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Written communications for this item included a staff presentation and a desk item with staff responses to councilmember questions.
Housing Manager Kerri Heusler gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Jennifer Griffin was concerned about certification, HCD (Housing and Community Development) management, and ministerial ADU (Accessory Dwelling Unit) implementation.
Parks and Recreation Commissioner Jennifer Shearin (representing self) was concerned about the lack of housing units built and supported a Housing Element for everyone.
Mayor Wei closed the public comment period.
Wei moved and Fruen seconded to receive the reports and authorize submittal to the Department of Housing and Community Development (HCD). The motion carried unanimously with Moore abstaining.
Fruen moved and Wei seconded to extend the meeting until 11:15 p.m. The motion carried unanimously.
9. Subject: Consider submitting a letter in opposition to the Taxpayer Protection and Government Accountability Act (Initiative No. 21-0042A) Recommended Action: Approve the submission of a letter in opposition to the Taxpayer Protection and Government Accountability Act
Written communications for this item included a desk item with staff responses to councilmember questions.
City Attorney Chris Jensen reviewed the staff report.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Jennifer Griffin supported restoring the Legislative Review Committee and opposing the legislation and was concerned about loss of local control. 157
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Peggy Griffin supported including information on the initiative tax and final legislation text and asked about the consequences and risks to the City.
Mayor Wei closed the public comment period.
Wei moved and Mohan seconded to extend the meeting for ten minutes. The motion carried unanimously.
Wei moved and Fruen seconded to approve the submission of a letter in opposition to the Taxpayer Protection and Government Accountability Act. The motion carried unanimously with Chao abstaining.
ADJOURNMENT
City Manager Pamela Wu shared a video montage showing photos of the Closing the Gap: An Intergenerational Mixer and Regnart Creek Trail Ribbon Cutting Ceremony events.
At 11:26 p.m., Mayor Wei adjourned the Regular City Council Meeting per rule. There was no Council discussion on the remaining agenda items.
ITEMS REMOVED FROM THE CONSENT CALENDAR
The following items were pulled from the Consent Calendar and placed after the Action Calendar for discussion.
3. Subject: Consider staff reports and the attachments provided at the June 21, 2022 and March 7, 2023 City Council meetings regarding the Chamber of Commerce Recommended Action: Receive the report on previously presented Chamber of Commerce related information
This item was pulled from the Consent Calendar for discussion.
Written communications for this item included a supplemental report with staff responses to councilmember questions.
This item was continued to the April 4 City Council meeting.
5. Subject: Consider authorizing execution of a Maintenance Services Contract for Cityowned orchards.
Recommended Action: 1. Authorize the City Manager to execute the Maintenance 158
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Service Contract with Anderson Tree Care Specialists, Inc. to provide orchard maintenance services for three years, at an annual amount not-to-exceed $65,746, and if performance is satisfactory, allow up to two additional years of service.
2. Adopt Resolution No. 23-038 approving budget modification 2223-267 increasing appropriations in the Blackberry Farm Grounds Maintenance (100-84-811) and neighborhood Parks Maintenance (100-84-813) budgets by $8,362 and $3,875 respectively.
This item was pulled from the Consent Calendar for discussion.
Written communications for this item included a desk item with staff responses to councilmember questions and emails to Council.
This item was continued to the April 4 City Council meeting.
COUNCIL REPORTS AND COMMENTS
Council did not hear this item.
CITY MANAGER REPORT
Council did not hear this item.
ORAL COMMUNICATIONS - CONTINUED - None
INFORMATIONAL ITEMS – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
As noted under Oral Communications, Moore and Chao added a future agenda item to discuss a policy for admonition and censorship for commissioners.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
23-12114 Agenda Date: 4/4/2023
Agenda #: 7.
Subject: Consider the proposed rescission of the Proclamation of a Local Emergency regarding the presence and community spread of the COVID- 19 pandemic
Adopt Resolution No. 23-041 rescinding the Proclamation of existence of a Local Emergency regarding the presence and community spread of the COVID- 19 pandemic CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY COUNCIL STAFF REPORT
Meeting: April 4, 2023
Subject
Consider rescinding the Proclamation of a Local Emergency regarding the presence and community spread of the COVID- 19 pandemic.
Recommended Action
Adopt Resolution No. 23-____ rescinding the Proclamation of a Local Emergency regarding the presence and community spread of the COVID- 19 pandemic.
Reasons for Recommendation
On March 11, 2020, the City Manager, serving as the Director of Emergency Services, issued a Proclamation of Local Emergency pursuant to CMC section 2.40.060 regarding the presence and community spread of the COVID- 19 pandemic. The Proclamation enabled the City to exercise various emergency powers, including issuance of emergency orders and regulations.
On March 17, 2020, the City Council ratified the Proclamation of Local Emergency. On that same day the City Manager also partially activated a virtual Emergency Operations Center (EOC), involving a cross-functional and multi-department team. The EOC has been closely monitoring the COVID-19 situation.
On September 12, 2022, the County Health Officer rescinded of the final local health orders related to COVID-19.
On October 17, 2022, the Governor of California announced plans to end the State’s proclamation of emergency effective February 28, 2023.
On February 28, 2023, the California proclamation of emergency for COVID-19 expired.
On February 28, 2023, the County of Santa Clara demobilized mass testing and vaccination locations throughout the county.
Based upon analysis from local, state, and federal health guidance regarding COVID-19, the City Manager, acting as Director of Emergency Services, is proposing the rescission 161
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of the Proclamation of Local Emergency pursuant to CMC section 2.40.060 regarding the presence and community spread of the COVID- 19 pandemic. The City Manager seeks confirmation of the proposed rescission by the City Council. The rescission of the Order will be in writing and given widespread publicity and notice, as required by Government Code section 8630.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Not applicable.
Prepared by: Thomas Chin, Emergency Manager
Reviewed by: Christopher D. Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Proposed Resolution Rescinding the Proclamation of Local Emergency B – Resolution No. 20-028 Ratifying the Director of Emergency Services Proclamation 1378601.4
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RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
RESCINDING THE PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY
________________________________________________________________________ ____________________________________________________________________ WHEREAS, the Emergency Services Act, Government Code section 8630 et seq., and section 2.40.060 of the Cupertino Municipal Code empower the Director of Emergency Services (City Manager or Designee) to proclaim the existence or threatened existence of a local emergency if the Council of the City of Cupertino ("City") is not in session, and require that the City Council shall take action to ratify the proclamation within seven (7) days thereafter, or the proclamation shall have no further force or effect; and
WHEREAS, on March 11, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City; and WHEREAS, on March 19, 2020, the City Council of Cupertino ratified and confirmed the proclamation declaring the existence of a local emergency within the City; and
WHEREAS, on February 28, 2023, the State of California’s proclamation of emergency for COVID-19 expired; and
WHEREAS, In light of the current state of the pandemic, the status of the City’s pandemic response, the availability of vaccines and treatments, and the current public health indicators, it is appropriate to terminate the Proclamation of Local Emergency.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Proclamation of Existence of a Local Emergency issued on March 11, 2020, is hereby terminated.
2. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4
th day of April , 2023, by the following vote:
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Resolution No. __________________
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. 20-028
A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING AND
CONTINUING THE PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the Emergency Services Act, Government Code section 8630, and section 2.40.060 of the Cupertino Municipal Code empower the Director of Emergency Services ( City Manager or Designee) to proclaim the existence or threatened existence of a local emergency if the Council of the City of Cupertino City”) is not in session, and require that the City Council shall take action to ratify the proclamation within seven (7) days thereafter, or the proclamation shall have no further force or effect; and
WHEREAS, pursuant to California Government Code Sections 8680. 9 and 8558( c), a local emergency is a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected by a natural or manmade disaster; and
WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary police powers, immunity for emergency actions, authorize issuance of orders and regulations, and activate pre-established emergency provisions; and WHEREAS, a local emergency proclamation is a prerequisite for requesting state or federal assistance; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, based on the following:
1. A novel coronavirus ( named " COVID- 19") was first detected in Wuhan City, Hubei Province, China, in December 2019. The Centers for Disease Control and Prevention ( CDC) considers the virus to be a very serious public health threat with outcomes ranging from mild sickness to severe illness and death.
2. On January 30, 2020, the World Health Organization declared the COVID19 outbreak a Public Health Emergency of International Concern. On January 31, 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency.
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Resolution No. 20-028
3. On January 31, 2020, the first case of COVID-19 was confirmed in the County of Santa Clara ("County").
4. On February 3, 2020, the County Health Officer determined that there is an imminent and proximate threat to public health from the introduction of COVID-19 in the County and issued a Declaration of Local Health Emergency. At the same time, the County Director of Emergency Services declared the existence of a Local Emergency in the County.
5. On February 10, 2020, the County Board of Supervisors ratified and extended the Declaration of a Local Health Emergency and the Proclamation of a Local Emergency.
6. By March 4, 2020 the number of confirmed cases of COVID- 19 had increased to eleven (11) in the County with confirmed community spread.
The California Department of Health Services reported its first death related to COVID-19 and the Governor of California declared a state of emergency.
7. By March 5, 2020, the number of confirmed cases of COVID-19 had increased to twenty (20) in the County, with strong evidence of increasing community spread. The County expanded its guidance as a result.
8. By March 6, 2020, the number of confirmed cases of COVID- 19 had increased to twenty- four ( 24) in the County, with strong evidence of increasing community spread.
9. By March 9, 2020, the number of confirmed cases of COVID-19 had increased to forty- three ( 43) in the County. On March 9, 2020, the County of Santa Clara Public Health Department announced the first death from COVID- 19 in the County. The County Health Officer imposed a countywide moratorium on mass gatherings of 1,000 or more persons to mitigate the spread of COVID- 19.
10. On March 10, 2020, the County Board of Supervisors again ratified and extended the Proclamation of a Local Health Emergency.
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Resolution No. 20-028
11. On March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic.1
12. By March 12, 2020, the number of confirmed cases of COVID-19 had increased to seventy- nine ( 79) in the County.
13. On March 13, 2020, President of the United States Donald Trump proclaimed that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. In addition, the County Health Officer imposed a countywide moratorium on gatherings of more than 100 persons and a conditional moratorium on gatherings of between 34 and 100 persons to mitigate the spread of COVID-19.
14. By March 14, 2020, the number of confirmed cases of COVID- 19 had increased to one-hundred fourteen (114) in the County.
15. As of March 15, 2020, COVID-19 has spread globally to over 140 countries, infected more than 150, 000 people, and killed more than 5,000 individuals. 2
16. On March 16, 2020 seven Bay Area Public Health Officers, including the Officer for Santa Clara County, issued a regionwide order directing all individuals living in the County to shelter at their place of residence, with certain exceptions.
17. The efforts required to prepare for, respond to, mitigate, and recover from the emergency conditions caused by COVID-19 have imposed or will impose extraordinary requirements and expenses on the City; and WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the City on March 11, 2020 and establish that the emergency conditions are ongoing; and
1 World Health Organization Coronavirus disease 2019 (COVID-19) Situation Report – 51
https:// www.who.int/docs/ default- source/ coronaviruse/ situation- reports/ 20200311- sitrep- 51-covid- 19.pdf?sfvrsn= 1ba62e57_ 4 2 World Health Organization Coronavirus disease 2019 (COVID-19) Situation Report – 55
https://www.who.int/docs/default-source/coronaviruse/ situation-reports/20200315- sitrep-55-covid-19.pdf?sfvrsn=33daa5cb_8 167
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Resolution No. 20-028
WHEREAS, California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster Assistance Act (CDAA) allows that with the Proclamation of a Local Emergency the City may seek financial assistance and may request reimbursement of the significant expenses incurred during response, if approved by the Director of the California Office of Emergency Services or Concurrence or Governor’ s Proclamation; and
WHEREAS, on March 11, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City; and WHEREAS, the associated emergency conditions are on-going and the emergency should not be terminated at this time;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Cupertino that:
1. The Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services on March 11, 2020, is hereby ratified and confirmed.
2. The City Council has reviewed the need for continuing the declaration of local emergency and finds based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID- 19.
3. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Cupertino, and until such time, the City Council shall review, until the local emergency is terminated, the need for continuing the local emergency.
4. The Director of Emergency Services is hereby directed to report to the City Council within sixty ( 60) days on the need for further continuing the local emergency.
5. During the existence of said local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by 168
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Resolution No. 20-028
Ordinances and Resolutions of the City, and by the City of Cupertino Emergency Operations Plan.
6. City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster/ emergency relief funding.
7. The City Manager or her designee is hereby designated as the authorized representative of the City of Cupertino for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain county, state or federal relief assistance.
8. The Director of Emergency Services or his/her designee shall forward a copy of this resolution to the Governor, to the California Office of Emergency Services, to the Santa Clara County Office of Emergency Management, and to all other appropriate county, state and federal agencies with an interest therein.
9. City staff is hereby authorized and directed to take any and all actions that they or the City Attorney may deem necessary or advisable in order to effectuate the purpose and intent of this Resolution.
10. As provided in Cupertino Municipal Code section 2.40.060 and Government Code section 8634, the Council hereby reaffirms that the Director of Emergency Services is authorized to promulgate orders and regulations necessary to provide for the protection of life and property during the existence of this local emergency. Such orders and regulations shall be in writing and shall be given widespread publicity and notice. The City Council hereby recognizes that it is not practicable to have the City Council confirm such regulations and orders during a countywide shelter in place order.
11. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 17th day of March, 2020, by the following vote:
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Resolution No. 20-028
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Steven Scharf, Mayor
City of Cupertino
3/19/ 2020________________
Date
ATTEST:
Kirsten Squarcia, City Clerk
3/19/20________________
Date
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WHEREAS,
WHEREAS,
CITY OF
CUPERTINO
Cupertino Municipal Code Section 2.40.060 empowers the City Manager, as the Director of Emergency Services, to proclaim subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by public calamity and the City Council is not in session; and
the Director of the Emergency Services of the City does hereby find the following:
1. A novel coronavirus ( named " COVID- 19") was first
detected in Wuhan City, Hubei Province, China, in
December 2019. The Centers for Disease Control and
Prevention ( CDC) considers the virus to be a very serious public health threat with outcomes ranging from mild
sickness to severe illness and death. COVID- 19 has spread globally to over 85 countries, infected more than 95, 000 people, and killed more than 3,000 individuals.
2. On January 30, 2020, the World Health Organization
declared the COVID- 19 outbreak a Public Health
Emergency of International Concern. On January 31, 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency.
3. On January 31, 2020, the first case of COVID- 19 was confirmed in the County of Santa Clara (" County").
4. On February 3, 2020, the County Health Officer determined that there is an imminent and proximate threat to public health from the introduction of COVID- 19 in the County and issued a Declaration of Local Health Emergency. At
the same time, the County Director of Emergency Services declared the existence of a Local Emergency in the County.
5. On February 10, 2020, the County Board of Supervisors ratified and extended the Declaration of a Local Health Emergency and the Proclamation of a Local Emergency .
6. By March 4, 2020 the number of confirmed cases of COVID19 had increased to eleven ( 11) in the County with confirmed community spread. The California Department
of Health Services reported its first death related to
1. World Health Organization Coronavirus disease 2019 (COVID-19) Situation Report - 45
https:// www .who .int/ docs/ d efauit- source/ co rona viru se/ situ ati on- re ports/ 20200 305- sitre p- 45 -co vid-l9.pdf? sfv rsn=e d?ba 78 b 2 171
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WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
THEREFORE,
COVID- 19 and the Governor of California declared a state of emergency.
7. By March 5, 2020, the number of confirmed cases of
COVID- 19 had increased to twenty ( 20) in the County, with strong evidence of increasing community spread. The
County expanded its guidance as a result.
8. By March 6, 2020, the number of confirmed cases of
COVID- 19 had increased to twenty- four (24) in the County, with strong evidence of increasing community spread.
9. By March 9, 2020, the number of confirmed cases of
COVID- 19 had increased to forty- three ( 43) in the County.
On March 9, 2020, the County of Santa Clara Public Health Department announced the first death from COVID- 19 in
the County. The County Health Officer imposed a
countywide moratorium on mass gatherings of 1,000 or
more persons to mitigate the spread of COVID- 19 .
10. On March 10, 2020 the County Board of Supervisors again ratified and extended the Proclamation of a Local Health Emergency.
11. On March 11, 2020 the World Health Organization
characterized the COVID- 19 outbreak a pandemic.
The above facts give rise to conditions of extreme peril to the safety and health of persons within the City.
These conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and The efforts required to prepare for, respond to, mitigate, and recover from the increasing spread of COVID- 19 have and will continue to impose extraordinary requirements and expenses on the City, requiring diversion of resources from day- to- day operations; and
The City Council of the City of Cupertino is not in session and cannot immediately be called into session.
It is hereby proclaimed that a local emergency now exists throughout the City; and
IT IS FURTHER PROCLAIMED AND ORDERED, that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, by ordinance, and resolutions of this City; and that this emergency proclamation shall expire in seven ( 7) days after issuance unless confirmed and ratified by the City Council of the City of Cupertino.
DATED this 11 th day of March, 2020.
BY:~
Debonhfeng
Director of Emergency Services
City of Cupertino
2. World Health Organization Coronavirus disease 2019 ( COVID- 19) Situation Report - 51
Kirsten Squarcia
City Clerk
City of Cupertino
https:// www. who. int/ docs/ defa uII-sou reel co ronavi ru se/ situa ti on -reports/ 20200311- sitrep-51- covi d-19. pd f? sfvrsn= lba62e57 4 172
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CITY OF CUPERTINO
Agenda Item
23-12168 Agenda Date: 4/4/2023
Agenda #: 8.
Subject: Consider authorizing an increase in the total contract amount with Guerra Construction Group for the Wilson Park Basketball Court Project (Project No. 2022-11).
1. Authorize the Director of Public Works to execute any necessary change orders for an additional construction contingency amount of $40,000 and increase the authorized contract amount to a not-toexceed total of $369,421.40 to Guerra Construction Group; and
2. Adopt Resolution No. 23-042 approving budget modification #2223-271 increasing appropriations by $40,000 in the Capital Improvement Program Capital Projects Fund (budget unit 420-99-252) for construction contingency and transferring the funds from the Capital Reserve (budget unit 429-99- 001).
CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY COUNCIL STAFF REPORT
Meeting: April 4, 2023
Subject
Consider authorizing an increase in the total contract amount with Guerra Construction Group for the Wilson Park Basketball Court Project (Project No. 2022-11).
Recommended Action
1. Authorize the Director of Public Works to execute any necessary change orders for an additional construction contingency amount of $40,000 and increase the authorized contract amount to a not-to-exceed total of $369,421.40 to Guerra Construction Group; and
2. Adopt Resolution No. 23-xxx approving budget modification #2223-271 increasing appropriations by $40,000 in the Capital Improvement Program Capital Projects Fund (budget unit 420-99-252) for construction contingency and transferring the funds from the Capital Reserve (budget unit 429-99-001).
Reasons for Recommendation
On January 17, the City Council awarded a construction contract with Guerra Construction Group in the amount of $299,474.00 and authorized the Director of Public Works to execute any necessary change orders, up to a construction contingency amount of $29,947.40 (10%), for a total authorized contract amount of $329,421.40.
During excavation activities, the Contractor uncovered several unexpected conditions in the new basketball court area:
1) A storm drain pipe of approximately 110 linear feet (LF) which was slated for demolition, was discovered to be made of asbestos containing materials.
Handling of asbestos requires a contractor with a specialized license for removal and disposal. The cost to remove and properly dispose of this pipe is $14,067.90; 2) A separate abandoned asbestos pipe of approximately 92 LF was found in another location within the excavated area. Handling of asbestos requires a contractor with a specialized license for removal and disposal. The cost to remove and properly dispose of this pipe is $14,202.30; 3) A third abandoned asbestos pipe of unknown length was found within the excavated area. Handling of asbestos requires a contractor with a specialized 174
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license for removal and disposal. The cost to remove and properly dispose of this pipe is currently unknown, but is estimated at approximately $10,300; 4) An active water line was also found running beneath the northern half of the court. The cost to relocate this water line is approximately $8,500.
Table 1 – Construction Change Orders
Wilson Park Basketball Court Project
PCO# Description Amount
1 Asbestos Pipe Removal $14,067.90
2 Asbestos Line Removal $14,202.30
3 Asbestos Line Removal $10,300.00
4 Water Line Relocation $8,500.00
Total $47,070.20
Authorized construction contingency amount: $29,947.40
Differential: $17,122.80 over currently authorized funding The cost of the additional work, including removal and disposal of the hazardous material, is estimated at $47,070, exceeding the currently authorized contingency amount of $29,947.40. Since the removal of the asbestos pipes and relocation of the water line are necessary to construct the basketball court, extra funds are needed beyond the current contingency amount. The existing contingency plus the additional funds, (for a total project contingency of 23%) will address the current change orders, as well as allow for further contingency funding that may be required as the construction on the project progresses.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The Fiscal Year 2022-2023 Capital Improvement Programs budget for the Wilson Park Basketball Court Project (budget unit 420-99-252) is $510,000, which includes $214,549 of grant funding. The existing budget, which includes design, permitting, construction management services, and the construction contract, is not adequate to implement the project due to the unanticipated conditions. An additional appropriation of funds is requested in the amount of $40,000. The additional appropriations are to be funded by the Capital Reserve Fund through a transfer of funds to the project budget (from budget unit 429-90-001 and transferred to budget unit 420-99-252). If approved, the total project budget will be $550,000.
California Environmental Quality Act (CEQA)
This project is exempt from the CEQA under 14 C.C.R. Section 15301 (minor alterations to existing facilities.)
_____________________________________
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Prepared by: Ayano Hattori, Project Manager
Reviewed by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Chad Mosley, Interim Director of Public Works Department Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A– Draft Resolution
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Attachment A
RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2022-2023 BY APPROPRIATING MONIES FOR THE WILSON PARK
BASKETBALL COURT PROJECT
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 allocations 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 4
th day of April 2023, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Exhibit A
Fund Revenue Expenditure (Use of) Fund
Balance
420 $40,000 $40,000 $0
429 $0 $40,000 ($40,000)
TOTAL $40,000 $80,000 ($40,000)
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CITY OF CUPERTINO
Agenda Item
23-12083 Agenda Date: 4/4/2023
Agenda #: 9.
Subject: Adopt Fiscal Year 2023-2025 City Work Program
Consider Adopting Fiscal Year 2023-2025 City Work Program Presenter: Astrid Robles, Management Analyst
CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY COUNCIL STAFF REPORT
Meeting: April 4, 2023
Subject
Adopt Fiscal Year 2023-2025 City Work Program
Recommended Action
Consider Adopting Fiscal Year 2023-2025 City Work Program Reasons for Recommendation
On March 1, 2023, the City Council held a Goal Setting Workshop to discuss City goals and priorities for the next two years. The City Council re-affirmed their commitment to the following five goals, which were formally adopted in February 2020:
Public Engagement and Transparency
o Creating and maintaining key conversations and interactions with the Cupertino Community.
Transportation
o Providing access to an efficient, safe multi-modal transportation system for our community, and advocating for effective, equitable mass transit in the greater region.
Improving Traffic Flow and Alleviating Congestion
Housing
o Contributing meaningfully and in a balanced manner to the housing inventory in support of our community needs, including affordable housing (from extremely low-income to moderate-income level housing) and addressing homelessness.
Sustainability & Fiscal Strategy
o Continuing Cupertino’s commitment to building a sustainable and resilient community for future generations.
Quality of Life
o Furthering the health and well-being of all Cupertino community members. Air Quality and Noise
Public Safety
Recreation
Access to Goods and Services
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Subsequently, Council discussed the FY 2023-2025 City Work Program. Council discussed each of their top priorities and then selected their top 10 for consideration as part of the City Work Program. This workshop resulted in a list of 24 items that were ranked high, medium, and low priority. More information and details on the March 1 Workshop can be found in the attached Council Workshop Report (Attachment A).
Staff evaluated all 24 items and has estimated the cost, timeline, and available staffing for completing each project as defined in Attachment B. Some projects were separated into phases to show the true cost, timeline, and staff impact for each phase. Counting all projects and phases brings the number of total projects/phases up to 37. Staff recommends that the City Council adopt the FY 2023-2025 City Work Program, as approved by Council at the March 1 workshop, and as presented in Attachment B. Any revisions to the Work Program would require further consideration of staffing resources, cost, and timeline.
Staff is committed to completing the proposed City Work Program and providing quarterly updates to the City Council and public. Additionally, an annual comprehensive review will be brought to the City Council to receive updates on the two-year Work Program. A future agenda item can be requested by the Mayor or two Councilmembers, as specified in the Council Procedures Handbook, to modify the Work Program, including adding or removing items. Staff recommends limiting modifications to the Work Program until the annual comprehensive review. Modification of an existing item may add additional costs and delay a project’s completion. Additional requests will require removal of projects of equivalent scope in terms of resources.
The following projects, though not included in the proposed City Work Program, have made significant progress toward completion or are of high importance and ongoing, and will continue into the next fiscal year:
- City Light Transition Assessment (This project will continue as part of the CIP.) - Wireless/5G Regulations
- Artwork at the Library
- Residential and Mixed-Use Residential Design Standards - Electrification Study
- Municipal Water System
- Bicycle Facilities
- Cupertino Store Implementation
- Cybersecurity Public Education
- Lawson Middle School Bikeway
- Shuttle Bus Pilot Program
Sustainability Impact
Several of these items will further the City’s progress toward our climate and sustainability goals.
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Fiscal Impact
In total, the proposed FY 23-25 City Work Program is estimated to cost $4,865,000 to complete, not including staff time. This includes $1,895,000 of funding that has already been allocated and $2,970,000 in additional funding that will be required. These funds will be requested as part of the budget cycle in May. Council may choose to revise the list of projects at that time.
California Environmental Quality Act
Any necessary environmental review of the Work Program projects will be completed during the project implementation.
_____________________________________
Prepared by: Astrid Robles, Management Analyst
Reviewed by: Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Council Workshop Report
B – Proposed FY 23-25 City Work Program
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March 2023
City of Cupertino
City Council Priority Setting and
Work Program Workshop
Held March 1, 2023
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City Council Priority Setting and Work Program Workshop Table of Contents Baker Tilly
i
Table of Contents
Workshop Report ................................................................................................................................ 1 Workshop Overview............................................................................................................................ 1 Opening Comments ............................................................................................................................ 3 Establishing Priorities.......................................................................................................................... 4 Priority Setting .................................................................................................................................... 5 Developing the Work Program............................................................................................................ 8 Wrap-up and Next Steps................................................................................................................... 14 Appendix: Workshop Staff Report...................................................................................................... 15 186
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
1 Workshop Report
The City of Cupertino held a Council workshop on Wednesday, March 1, 2023, from 4:00 p.m. to 8:00 p.m. at the Cupertino Community Hall. The workshop provided an opportunity for Councilmembers to celebrate the Work Program progress, advocate for priority projects of importance to them, and conduct rank voting to establish the City’s Work Program for FY 2023-24 and FY 2024-25.
This report contains a summary of the results of the workshop session.
Dave Sykes (Special Advisor) and Mary Locey (Consulting Manager) with Baker Tilly facilitated the workshop.
Workshop Overview
Objectives
• Celebrate recent progress on the Work Program
• Establish Council priorities for FY 2023-25
• Strengthen teamwork among Council and with staff
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
2 Participants
City Council
Staff
• Pamula Wu, City Manager
• Matt Morley, Assistant City Manager
• Debra Nascimento, Executive Assistant to the City Manager • Christopher Jensen, City Attorney
• Kirsten Squarcia, City Clerk
• Kristina Alfaro, Administrative Services Director
• Benjamin Fu, Community Development Director
• Rachelle Sander, Parks and Recreation Director
• Chad Mosley, Acting Public Works Director
• Bill Mitchell, Chief Technology Officer
Agenda
• Welcome and call to order by the Mayor
• Public comments
• Review workshop agenda, purpose, and objectives
• Set the context for priority setting
• Review the City’s five overarching goals and Work Program • Celebrate accomplishments
• Discuss and reach consensus on Council priorities
• Discuss staying on course with priorities
• Wrap up and next steps
Mayor
Hung Wei
Vice Mayor
Sheila Mohan
Councilmember
Liang Chao
Councilmember
J.R. Fruen
Councilmember
Kitty Moore
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
3 Workshop Ground Rules
At the start of the workshop, the facilitator referenced the ground rules, which were the same as during the February governance workshop: to help the group have a successful workshop.
• Assume good intent,
• Listen to understand,
• Seek consensus, and
• Focus on creating a positive path for all.
Bike Rack
The facilitator briefly noted that any items that were brought up but could not be discussed today would be added to the “bike rack” for follow up or discussion at another time. The following item was added to the bike rack during the workshop.
• Set a process to bring new Work Program items to City Council.
Workshop Preparation
In preparation for the workshop, the facilitators discussed workshop objectives with the City Manager and executive team. They prepared a PowerPoint presentation along with other materials to guide discussions during the session.
Opening Comments
Mayor Wei convened the Council meeting and asked for the roll call. The Mayor welcomed everyone and handed the meeting over to the City Manager for a brief staff report.
City Manager Wu thanked Council members for their commitment to developing the Work Program for the next two fiscal years. She noted that Council and staff work together as a team to deliver results. She requested that all directors and staff from her office attend to provide feedback and to answer any questions about Work Program items. She explained that this is a collaborative process and that the list of Work Program items established during the workshop would be brought back to the Council for approval later. City Manager Wu then turned the session over to the facilitators.
Having facilitated the February governance workshop, Dave reintroduced himself and Mary. Dave noted that this priority setting workshop builds on the February governance workshop and provides an opportunity for Councilmembers to ask staff questions. He also pointed out that developing a Work Program and priorities can be messy, and that is OK. The payoff is when the Work Program and priorities translate into results for the community. Dave then reviewed the workshop agenda, objectives, and ground rules for the evening.
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
4 Establishing Priorities
Dave opened the workshop with a slide showing the City’s mission statement, which reads,
The mission of the City of Cupertino is to provide exceptional service, encourage all members of the community to take responsibility for one another, and support the values of education, innovation, and collaboration.
Dave stated that the purpose of the workshop was not to revise or change the mission statement, but he wanted to point out its useful as a reference point as Councilmembers discuss priorities. He asked the Council if it still resonates with them. All confirmed that the mission statement was still valid.
Context for Priorities
Dave provided a general overview of where management and staff spend their time when providing local government services to the community. The pyramid shown below represents the three main areas of work.
1. Foundation. The majority of staff time is spent on delivering the day-today operations. This is the foundation of providing effective government services to the community.
2. Major Projects. These are projects and initiatives that are currently underway with a commitment from Council and staff. They generally have a long-term delivery and are Work Program items that are budgeted and being worked on by staff.
3. Council Priorities. These are items within or added to the Work Program and are mostly worked on by upper management.
Dave highlighted a few takeaways, as summarized below.
• About 90% of staff time is committed to the first two layers (foundation and major projects).
Context
for
Priori�es
Council
priori�es
Major projects
and ini�a�ves that
are underway
The Founda�on:
Effec�ve day-to-day
opera�ons
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
5 • When developing Council priorities, it is important to achieve a balance with the number of priorities and the number of managers on staff to work on them. Having too many priorities can limit delivery and having too many managers makes an organization top heavy.
Next, Dave presented a pie chart (shown below) that provides a perspective on how managers (department heads, mid-managers) in a local government typically allocate their time. The purpose was to illustrate that the majority of time is committed to ensuring smooth day-to-day operations and only a small portion of their time is available for new initiatives. This is not specific to the City of Cupertino and was created by Baker Tilly.
When a management position is added, it is done to ensure effective delivery of day-to-day operations or management of a program. These are often the same people who are assigned responsibility for special initiatives. Understanding their availability puts into context their larger duties and the minimal amount of time available to work on new initiatives.
Priority Setting
Dave briefly reviewed the priority setting process to prepare Council for the work to be done during the workshop as shown below.
• Review and celebrate accomplishments,
• Discuss the workplan and five overarching goals,
• Discuss priorities,
• Rank top priority item for the year,
• Build consensus on the outcome, and
• Next steps (staff to develop the Work Program and align the budget to accomplish the priorities).
Dave emphasized that having a collaborative and focused strategic plan is necessary, otherwise government, similar to private companies, may flounder.
In turn, this can lead to a frustrated community.
How
Management
Staff Allocate
Their Time
11 85%
5%
5% 5%
Management Staff’s Time
Day-to-day management of municipal services
Unforseen challenges
New ini�a�ves
Strategic improvements and training
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
6 Having a condensed list of priorities will allow for successful completion and delivery in the estimated timeframe. The slide that was shared with the group is shown below.
Several projects and initiatives on the existing Work Program are expected to be completed in FY 2022-23 as shown in the slide below. While some of these items will be ongoing or require additional Work Program items, it is important to reflect and celebrate the work accomplished.
Dave noted that by having the Work Program dashboard, which is accessible online for the community, many interested parties can see the progress being made. It serves as a commitment to the Work Program and a platform for accountability on the items. The dashboard is regularly updated and can be accessed at cupertino.org/cityworkprogram
Priority
Se�ng
We can’t do
everything
But we can do
some things
very well
Successful City Governments
Respect the ongoing work of City
departments since the day-to-day
opera�ons must be well managed and take
�me
Have a collabora�ve, trus�ng rela�onship
between the City Council and staff
Set a few focused priori�es and have a
work plan to achieve those 13
Work Program Items Expected to be Completed FY 2022-23
• 5G Ordinance
• Artwork at the Library
Exhibits, Poetry, and Art Day
• Bicycle Facili�es
• Cuper�no Store Implementa�on
• Cybersecurity Public Educa�on
• Dogs Off Leash Area
Pilot Program
• Homeless Jobs Program
• Intergenera�onal Engagement
• Lawson Middle School Bikeway
• Senior Strategy
• Shu�le Bus Pilot Program
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
7 Work Program Definition
Dave noted that the staff report for the workshop (see the appendix) detailed the types of projects and initiatives that belong on the Work Program. He then briefly reviewed the elements that define it, as follow. • Establishes Council’s priorities for the next two fiscal years (FY 2023-24 and FY 2024-25).
• Provides guidance on high priority efforts that the Council would like to be undertaken.
• Establishes priorities between the Council and executive staff in a collaborative manner.
• Includes items that take significant staff effort and one or even two years to complete.
• Weights Work Program items with workload to see meaningful results over the two-year timeframe.
• Does not include elements of other programs, as noted below.
Dave indicated it is important that everyone understands the definition of what should be considered a Work Program item to ensure that expectations are clearly understood. He also stated that the Work Program items included in and approved by Council provide direction to staff and a commitment to the community to achieve results within the two-year period.
To eliminate double counting of some items on multiple lists, the following five items are not on the Work Program. It was noted, however, that staff is working on them and has committed to delivering these efforts.
• General Plan,
• Climate Action Plan,
• Housing Element,
• Parks Master Plan, and
• Bicycle Master Plan and Pedestrian Master Plan.
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
8 Five Overarching Goals
In February 2020, the City Council adopted the five goals shown below.
Table 1. City of Cupertino’s Five Overarching Goals
Goal Definition
Public Engagement and
Transparency
• Creating and maintaining key conversations and interactions with the Cupertino Community.
Transportation • Providing access to an efficient, safe, multimodal transportation system for our community, and advocating for effective, equitable mass transit in the greater region.
• Improving traffic flow and alleviating congestion.
Housing • Contributing meaningfully and in a balanced manner to the housing inventory in support of our community needs, including affordable housing (from extremely low-income to moderate-income level housing) and addressing homelessness.
Sustainability and Fiscal
Strategy
• Continuing Cupertino’s commitment to building a sustainable and resilient community for future generations.
Quality of Life • Furthering the health and well-being of all Cupertino community members (air quality and noise, public safety, recreation, access to goods and services).
Dave suggested to the Council that they reaffirm the goals. He asked if they are still relevant or if adjustments were needed. Mayor Wei read aloud the goals and definitions for the group. Councilmembers made some brief comments and noted that the goals are generally fine as written. Mayor Wei acknowledged that the Council affirmed the goals and handed the meeting back to Dave.
Developing the Work Program
In preparation for the workshop, staff thoroughly reviewed the existing 45 items on the Work Program. For improved organization and reporting on projects, initiatives, and priorities, staff proposed the following refinements:
• Remove completed items and those that are scheduled to be completed this fiscal year.
• Move capital improvement plan (CIP) items to the existing CIP list. • Remove items that fall under day-to-day operations.
This resulted in 19 remaining items. Then, each Councilmember was asked to select their top five goals for the next two fiscal years (FY 2023 - 24 and FY 2024 - 25). The five items could be from the list of 19 remaining Work Program items or a new priority. This is detailed in the staff report (Appendix).
Each Councilmember was provided a sheet to list their top five and was asked to return their sheet to the City Manager’s Office in advance of the workshop.
With a few overlaps, the Councilmembers identified 22 priority items for discussion at the workshop, as shown in Table 2 below.
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
9 Table 2. Projects Selected by Councilmembers
Council Goal Projects
Public Engagement and
Transparency
• City Policy Review, all policies
• Commission Governance Reform Package
Council Governance Reform Package
• Senior and Youth Engagement
• The Rise, construction related engagement with stakeholders Transportation • New Bicycle-Pedestrian Plan
• Senior Services
• Vision Zero (Selected by three Councilmembers)
Housing • Homelessness Jobs Project and Transitional Housing • Preserve Existing and Develop New Below Market Rate/Extremely Low Income (BMR/ELI) Housing
• Regional Housing Needs Allocation (RHNA) related General Plan Update and Rezoning
Sustainability and Fiscal
Strategy
• Analyze Potential Revenue Resources
• Budget Audit
• Fiscal Procedures and Policies Handbook
• Hold Study Session on City-Owned Properties (Selected by two Councilmembers) Quality of Life • Dog Off-Leash Area (DOLA) Programs
• Infrastructure Assessment
• Public Safety in Residential and Commercial Areas
• Privacy Screening and Balconies Code
• Revise and Update Heart of the City Special Area
• Student Internship Program
• Support the Unhoused
Advocating for Priorities
Dave provided a brief overview of the list and noted that this is a starting point for discussion. He then provided the following instructions to start the discussion. Each Councilmember would have five minutes, per the adopted Cupertino City Council Procedures Manual (Section 8.8.3 Council Questions and Deliberations) to describe and advocate for the five items they would like to have on the Work Program. A general outline of the items advocated for by each Councilmember is shown in Table 3 below.
Table 3. Councilmember Priority Discussion
Councilmember Items Advocated For
Mayor Wei • Create a strategy to analyze revenue; find new revenue • Develop a policy and procedures handbook, as mentioned in Grand Jury Report* • Develop and improve bike safety and bike path
• Prepare for AB 2011, affordable housing on commercially zoned property • Continuing to address homelessness
Vice Mayor Mohan • Continue to develop Vision Zero, return to the original “Es” (engagement, equity, engineering, encouragement, education, enforcement, and evaluation) • Track progress on fiscal policies and procedures handbook developed by Moss Adams and identified by Grand Jury
• Make enhancements to the student intern program
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
10 Councilmember Items Advocated For
• Increase awareness of senior services, senior housing needs, and intergenerational relationships
• Reduce barriers for The Rise project
Councilmember
Chao
• Continue to define process for dogs off leash areas (DOLA) • Preserve market rate housing
• Enhance public safety
• Finalize and implement Vision Zero
• Focus on senior and youth engagement
Councilmember
Fruen
• Develop a government reform package (was noted in response to Grand Jury) • Convert DOLA from pilot program to a resident/community application process • Merge bike program with Vision Zero
• Redesign our vision for the City in response to AB 2011 • Review and update privacy screening
Councilmember
Moore
• Review all City policies for updates
• Conduct an infrastructure assessment
• Update privacy screening
• Update tree lists
• Move DOLA to CIP, asked if DOLA still fits in as a Work Program item *Santa Clara County Civil Grand Jury, A House Divided: Cupertino City Council and City Staff, December 2022.
City Manager Wu addressed Councilmember Moore’s question about DOLA remaining on the Work Program by stating that more direction is needed from Council and funding needs to be established before it becomes a day-to-day process.
Dave then asked the City Manager and staff if the list and items mentioned by the Councilmembers is a workable list. He also asked whether the list was balanced or concentrated in one or more departments and whether there were any concerns with expectations or delivery.
City Manager Wu provided the following observations:
• Two-Year Process. The Work Program is viewed as a two-year cycle for budget planning and to allow time to complete and delivery the items. It is reviewed with Council each year to add or drop items; however, the full process as being done at the workshop occurs every two years. • Workload.
o Many departments are still suffering from vacancies and staffing turnovers.
o The Housing Element is the top priority for the Community Development Department. Once it is finished, the department can pick up additional projects.
o The Administrative Services Department, which oversees finance and personnel, is overwhelmed with budget preparation and recruitments.
o Some items may require more staff time than is currently available.
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11 • Clarification and Expectations.
o Staff desires clarity on items for them to effectively commit and deliver what is expected.
o Some items on the list are already being worked on by staff. o Moss Adams is working on the internal audit.
o Senior services and youth engagement may need to be two items.
City Manager Wu then invited the department heads to provide feedback or to obtain additional information on the items as noted below. • Parks and Recreation Director Sanders
o A senior survey is going live March through April. Results should be ready to share in June. The department is currently
performing what was identified in the current Work Program. o The department has started offering generational programs. o DOLA Phase II trials are continuing and the department is seeing a greater response and working through the process.
• Administrative Services Director Alfaro
o Internal policies are being created, with anticipated completion by the end of June. Then, training will be conducted on the policies.
o The current student internship program covers high school students. Is the current request for expanding it to colleges? o Reviewing policies with Moss Adams.
o Working through the items from the audit report.
• Public Works Director Mosley
o Working on Vision Zero. The department is committed to finishing it this calendar year.
o Supporting and reviewing alternative transportation for seniors, the current shuttle offers senior rates and provides
transportation to Kaiser. The department is working with the hospital to set up services there.
o Current bike plan has several projects in the works. It can remain on the Work Program, but staff will not have capacity until FY 2024-25.
o Need clarification on what infrastructure assessment Council is looking for.
• Community Development Director Fu
o Ongoing relationships and conversations with other cities to address affordable housing needs.
o Making progress on the RENA update and hope to have it finished in January 2024.
o Need clarification on the homeless jobs and training and transitional item.
o Need to review and prepare to address the AB 2011 impacts to the community.
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12 Chief Technology Officer Mitchell
o Met with Sheriff’s Department to secure license plate recognition cameras and reviewing where to locate them. Have budgeted for 20 cameras that should be in the field and operational this summer.
o Ready to launch the revised internship program.
Dave summarized staff’s comments noting that some items previously mentioned by the Council are already being worked on. With that in mind, Council may want to vote on other items.
Rank Voting
Dave turned the Council’s attention to the remaining 22 items and asked Council if anything was missing. The Councilmembers spoke about several items and the following five were added to the list:
• Make I-280 a scenic highway.
• Create a real estate policy for City-owned parcels and property. • Defer retention flow to refill Blackberry Farms pond. • Conduct a recycled water feasibility study.
• Update the tree lists to include California friendly and drought tolerant species and list for development on private property.
Dave then reviewed the process for each Councilmember to vote for their top ten items and, if they wanted to vote on one of the new items, to write it on the sheet. Each Councilmember marked an “x” next to the ten items they wanted on the Work Program.
The group took a 30-minute break to have dinner while staff tallied the Council’s selections.
The Results
The meeting reconvened at 7:00 p.m. and the results of the rank voting were distributed and are reflected in Table 4 below.
Table 4. Rank Voting Results
Project Title Goal Votes
Vision Zero Transportation 5
Tree List Sustainability and Fiscal Strategy 4
Public Safety in both residential/commercial areas Quality of Life 3 Senior Services and Youth Engagement Public Engagement and Transparency 3 Dogs off-Leash Area (DOLA) Programs Quality of Life 3
Recycled Water Feasibility Study Sustainability and Fiscal Strategy 3 Preserve existing and develop new BMR/ELI housing Housing 2 Study Session on City-Owned Properties Sustainability and Fiscal Strategy 2 RHNA related General Plan Updates and Rezoning Housing 2 The Rise: construction stakeholder engagement Public Engagement and Transparency 2 Revise and update Heart of the City Special Area Quality of Life 2 Council Governance Reform Package Public Engagement and Transparency 2 199
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
13 Project Title Goal Votes
Commission Governance Reform Package Public Engagement and Transparency 2 Whole City Policy Review Public Engagement and Transparency 2 Homelessness Jobs Project and Transitional Housing Housing 2 Privacy Screening and Balconies Code Quality of Life 2
Pond repurposing at Blackberry Farm Quality of Life 2
Analyze Potential Revenue Resources Sustainability and Fiscal Strategy 1 Support the Unhoused Housing 1
Fiscal Procedures and Policies Handbook Sustainability and Fiscal Strategy 1 New Bicycle-Pedestrian Plan Transportation 1
Budget Audit Sustainability and Fiscal Strategy 1
Real Estate Purchasing Policy Sustainability and Fiscal Strategy 1 280 Scenic Highway Quality of Life 1
Student Internship Program Public Engagement and Transparency 0 Infrastructure Assessment Quality of Life 0
City Manager Wu briefly reviewed the results of the 26 items and recommended grouping the list into the following three categories:
• Top priority – items receiving three or more votes
• Medium priority – items receiving two votes
• Low priority – items receiving one vote
She noted that two items on the list had zero votes and sought direction from the Council if they should remain on the Work Program or be dropped. She also stated that staff would need to have a description of the items added during the workshop that made the list.
A conversation ensued about the tree list, which received four votes (making it a top priority). Assistant City Manager Morley offered to define the Work Program as updating the street tree lists and trees for development projects and return to Council with details for an urban forest project that would include the resources needed and a cost estimate.
City Manager Wu asked for clarification on the public safety item, which was on the previous Work Program and ranked as a top priority with three votes for the new Work Program. Chief Technology Officer Mitchell noted that the license plate readers will be deployed in the summer and the neighborhood watch program will also be deployed. He then confirmed that he would explore and review best practices of neighboring jurisdictions and return to Council for consideration.
City Manager Wu then asked to delay the privacy screening item until the Community Development Department finishes the Housing Element.
Councilmembers Moore and Fruen noted that with the ongoing development projects, privacy screening is becoming a problem and should be addressed sooner. City Manager Wu responded that staff will try to address next year.
The Council then discussed the two items that did not receive any votes and by a straw vote, decided to remove them from the Work Program. 200
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City Council Priority Setting and Work Program Workshop Workshop Report Baker Tilly
14 Staying on Track
Dave then returned to the presentation and reviewed best practices for staying on track with the priorities. Staff will return to Council to approve the Work Program on March 21. Once approved, staff is committed to deliver the items on the Work Program.
To stay on track, there should be regular progress reporting and new items should be put on hold until the next goal setting cycle or mid-cycle in the twoyear budget process. Dave reviewed the slide below for when the Work Program may need to be adjusted.
City Manager Wu thanked the Council for selecting the Work Program items and noted that staff takes these items seriously with a commitment to deliver within two years. Staff will continue to keep the dashboard updated for the Council and community to review the progress being made.
Wrap-up and Next Steps
To conclude the workshop, Dave explained that Baker Tilly would prepare this summary report. Next steps include the City Manager returning to Council for adoption of the Work
Program. Then, the City Manager and staff will operationalize the priorities.
Best
Prac�ce
Criteria for
Adding
Ini�a�ves
and Projects
Mid-Cycle
25 Emergency
(natural disaster,
pandemic, civil
unrest)
New outside
funding
opportunity that is
�me sensi�ve
New mul�-agency
opportunitythat
cannot
be delayed
Community safety
issue that must be
addressed in near
term
Changes in
laws or
mandates
Otherwise wait
until next prioritysetting process
• What comes offthe plate if something goes on?
• What are theconsequencesof shi�ing direc�on mid-cycle? 201
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City Council Priority Setting and Work Program Workshop Appendix: Workshop Staff Report Baker Tilly
15 Appendix: Workshop Staff Report
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CITY COUNCIL STAFF REPORT
Meeting: March 1, 2023
Subject
Review Council Goals and priorities for the next two fiscal years (Fiscal Years 2023-2025) Recommended Action
Consider Re-Affirming Council Goals and set new priorities for the next two fiscal years (Fiscal Years 2023-2025)
Background
The Council maintains a City Work Program as a two-year effort, revisiting on an annual basis to adjust and redirect efforts. This work program provides guidance on high priority efforts that the Council would like undertaken. Typically Work Program items take significant staff effort and one or even two years to complete. Normal daily operations encompass approximately 90 percent of city staff time, with variations from department to department depending on many influencing factors. By establishing the Work Program in a collaborative manner, weighing workloads and Work Program items, staff is better able to communicate where there is capacity and the Council is better able to see meaningful results over the two-year timeframe.
Established Council Priorities
In February 2020, the City Council adopted a number of goals to provide a framework for City priorities and to guide annual development of the Work Program. The priorities include:
Public Engagement and Transparency
o Creating and maintaining key conversations and interactions with the Cupertino Community.
Transportation
o Providing access to an efficient, safe multi-modal transportation system for our community, and advocating for effective, equitable mass transit in the greater region.
Improving Traffic Flow and Alleviating Congestion
Housing
o Contributing meaningfully and in a balanced manner to the housing inventory in support of our community needs, including affordable housing 203
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(from extremely low-income to moderate-income level housing) and addressing homelessness.
Sustainability & Fiscal Strategy
o Continuing Cupertino’s commitment to building a sustainable and resilient community for future generations.
Quality of Life
o Furthering the health and well-being of all Cupertino community members. Air Quality and Noise
Public Safety
Recreation
Access to Goods and Services
The five priorities in this list help to focus the Work Program items and ensure that the work efforts remain aligned with expressed priorities. As part of the Work Program exercise, it is a good idea to re-affirm that these five priorities remain relevant.
Defining a Work Program Item
Staff recommends the following guidance for Work Program items:
Timelines are finite in nature, with an expectation of completion within the next two fiscal years.
The items are unique to the Work Program and not duplicated in other funded efforts. For example, Capital Improvement Program (CIP) Projects should be tracked in that program. Similarly, the Housing Element is a major project with a finite term, but because the Housing Element update is required by state law, it should fall into the regular budgeted workload and not be captured as a Work Program item.
The Work Program is not an all-inclusive wish list, but rather a concise list that has undergone significant prioritization efforts by the Council. The Work Program should not include elements of other programs, such as the General Plan, Housing Element, Climate Action Plan, etc. as advancing each of these is a part of daily operations.
Staff Capacity to Deliver Work Program Items
As noted above, staff allocates a significant amount of resources to delivering daily services. Descriptions of this workload can be found in the City’s Operating Budget. It is important to note that the operating capacity for departments does include room to advance episodic administrative priorities that may on occasion raise to the level of Council attention. These efforts are guided by the department directors and the City Manager to ensure high performance in the delivery of service to the public and are part of the administrative duties assigned to the City Manager.
The need to deliver on daily services leaves a finite capacity for additional projects. And in some departments, like Community Development, where the Housing Element is a significant body of work on its own, there may be no capacity for additional work items. 204
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Given the large number of outstanding efforts already in play, staff recommends minimizing the addition of Work Program items. The process outlined below supports a movement in that direction. Staff looks forward to developing the Work Program in an interactive partnership with the Council based on the structure outlined in this report.
Current Work Program
Recently the Council received information on the current Work Program status. That information can be found on the dashboard at cupertino.org/cityworkprogram. A list of Work Program items can be found as Attachment A. The current program consists of 38 items. Eleven items on the work program are complete or scheduled for completion this fiscal year (Attachment B).
In order to adapt to a changing focus, staff recommends a series of refinements to the current Work Program.
Exclude six CIP projects from the Work Program. This will save redundant tracking efforts yet still provides Council ongoing information through the CIP dashboard.
Shift the work program item Support for the Unhoused to the annual operating budget discussion for program definition and funding needs as a needed ongoing effort.
Remove three items (Quarries, Student Internship Program, and Hybrid Meetings) from the work program as they are either operational or obsolete.
Each of the refinements above are further addressed in Attachment C.
The current Work Program of 38 items becomes a refined program of 19 items (Attachment D) when accounting for the modifications noted above and capturing the projects forecast for completion by the end of this fiscal year.
Drift to Operational
Over the years, some City Work Program items have become ongoing operational projects for staff. These items increase staff workload and require ongoing funding in order to continue the project. The following are examples of current or past Work Program items that have become operational.
Homeless Jobs Program
Housing Program for De Anza College Students
DOLA
All Inclusive Playground
Use of Athletic Fields in Parks
Staff does their best to absorb increased workload with existing resources, however, over time operating budget adjustments may become necessary. 205
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Stepping Through This Year’s Process
Staff has a specific structure in mind for the Study Session on March 1. The conversation would begin with re-affirmation of the priorities through a facilitated discussion.
Council should review the priorities and be prepared to discuss any interest they have in making adjustments.
As a second step, staff recommends a fresh look at the Work Program, rebuilding the list from scratch. To achieve this, each Councilmember should provide a selection of five of their priority items for consideration and submittal to staff via email using the form provided as Attachment F. Staff will consolidate the selections and provide the list as an addendum to the agenda item and this report prior to the Study Session, providing time for each Councilmember to review and prioritize. At the Study Session, a facilitator from Baker Tilley will lead us through a consensus building prioritization process based on these identified priorities. Please return the form (Attachment F) to Debra Nascimento by 5:00 pm on February 22.
As individual Councilmembers contemplate their five Work Program items, each could include items that remain on the current Work Program or select items that have not yet been considered. Staff is aware of several additional Work Program items that may be candidates for inclusion, including:
Urban Forest – Public Works
Recycled Water Feasibility Study – Public Works
Update to Sister City and Friendship City Policy – City Manager’s Office Public Art – Role of Fine Art Commission, and establish policies and procedures. Naming of Public Facilities Policy
Staff from each department will be present at the Study Session to answer high level questions and provide insight into workload capacity. By making this an iterative process with both Council and staff input, we hope to establish a Work Program that can see meaningful progress over time. Ultimately, the consensus Work Program will be placed on a future Council Agenda for adoption and will inform any operating budget requests necessary to deliver on the program, setting up that conversation through the annual budget process.
Public Outreach
The City Council Retreat and subsequent Council meeting, as well as ongoing input the Council receives from the public, are the source of engagement for this year’s Work Program. In past years staff and Commissions have recommended items for consideration. Due to the designed two-year cycle for the work program and the significant size of the current list and the desire to make meaningful progress on the included items without adding to the backlog, these steps were foregone this year. 206
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Attachments:
A. FY 2022-23 City Work Program
B. FY 2022-23 City Work Program Items Completion List
C. Removed Work Program Items – Proposed
D. Refined Work Program Items
E. Select Notable Large Projects – Staff Level
F. Form - Councilmember Top 5 Work Program Items
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
1 Consider options to develop ELI and
BMR housing units for
Developmentally Disabled
individuals on City-owned property
along Mary Avenue as well as the
County-owned Outback Steakhouse
location
-Consider strategies to preserve
existing BMR units
Amended at April 21 Council
Meeting
Current City Work Program Item
Proposed to continue by Housing
Commission
Identify ways to build ELI and BMR units for
developmentally disabled. Investigate additional sites
for BMR or ELI housing.
Large 250,000 250,000 Planning
Commission
Housing
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community
8. Embrace
Diversity
1 Lawrence Mitty Park Implementation
Plan
Current City Work Program Item
(Also Part of CIP)
Development project for Lawrence Mitty will be
included in the CIP. Programming, Outreach, & Design
with outreach expected to start by Q3 FY 21-22.
Medium 5,430,000 5,430,000 Parks and
Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 1. Develop
Cohesive
Neighborhoods
7. Ensure
Attractive
Community
Design
1 Memorial Park Improvements
Current City Work Program Item
Proposed to continue by Parks and
Recreation Commission
(Also Part of CIP)
Implement projects for Memorial Park improvements
including:
1. Memorial Park - Pond Repurposing
2. Memorial Park - Amphitheater Improvements
3. Memorial Park - Specific Plan Design
Large 4,650,000 4,650,000 Parks &
Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 1. Develop
Cohesive
Neighborhoods
7. Ensure
Attractive
Community
Design
4 Homeless Jobs Program
Current City Work Program Item
Proposed to continue by Housing
Commission
Create a jobs program for up to 2 individuals for 6
months.
Medium 200,000 200,000 Housing
Comission
Community
Development
Housing 5. Ensure a
Balanced
Community
8. Embrace
Diversity
Adopted FY 2022-2023 City Work Program
A-1
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
4 10455 Torre Avenue Improvements
Programming & Feasibility
Current City Work Program Item
(Also Part of CIP)
Program, plan, and build facility improvements,
including seismic, utility and ADA upgrades, for the longterm use of this facility. The scope of work will include public outreach, programming, planning, design, and
construction.
Large 3,000,000 3,000,000 Public Works Sustainability
and Fiscal
Strategy
2. Improve Public
Health and Safety
6 Dogs Off Leash Area (DOLA)
Current City Work Program Item
Proposed to continue by Parks and
Recreation Commission
Standardize the process to create DOLA trial programs,
with no more than two trials running at a time. Respond and evaluate community-driven DOLA proposals to
implement additional DOLAs throughout the City. Two
new trials should start as soon as feasible, and the new trial should last about 6 months unless the trial is
adjacent to an athletic field or playground or there are other unexpected considerations.
Large 5,000 5,000 Parks and
Recreation
Commission
Parks and
Recreation
Quality of Life 5. Ensure a
Balanced
Community
6 Seismic Retrofits and Upgrades to
Existing City Hall (formerly
"Investigate Alternatives to City Hall")
Current City Work Program Item
(Also Part of CIP)
Examine seismic retrofits, upgrades, and remodels to
existing City Hall. Remove allocations from budget to a new City Hall.
Large 500,000 500,000 Public Works Sustainability
and Fiscal
Strategy
2. Improve Public
Health and Safety
6 Study Session on City-Owned
Properties
Added at April 5 Council Meeting
Inventory and assess existing facilities and prepare a
long-range planning report for three City-owned
properties (Blesch, Byrne, and Stocklemeir)
Medium 90,000
($25k for feasibility
study and $65k for
long range plan.)
90,000
($25k for feasibility
study and $65k for
long range plan.)
Planning
Commission
Public Works
CMO
Sustainability
and Fiscal
Strategy
7. Ensure
Attractive
Community
Design
A-2
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
6 Support for the Unhoused
Amended at April 21 Council
Meeting
Councilmember Proposal
Formulate a City plan to leverage County resources and
advocate for funding to address the issue of the
unhoused and how to provide services in as effective a
manner as possible with the resources available. A
specific plan would be generated which includes
consideration and recommendations for:
- Work with the County and relevant agencies to
promote facility development with supportive services.
With non-profit organization partnership, assist the
County to identify space and a plan for supportive
space with an ultimate aim to provide a pathway to
permanent sustained housing would be made.
- Funding strategy. This would require significant
resources, but the social costs of not addressing this
growing issue are more significant. With grant money
and possible private partnerships available, the
deliverable here would be to provide the City, in
partnership with the County, with actionable
recommendations for securing financial support for this program.
- Make significant attempt to align with the SCC
roadmap
Large 300,000 300,000 Housing
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community
8. Embrace
Diversity
6 Vision Zero
Current City Work Program Item
Proposed to continue by Bike Ped
Commission
Develop a Vision Zero Policy and Action Plan and hire a consultant. The Plan will guide policies and programs
with the goal of eliminating fatalities on Cupertino
roadways. Special emphasis will be placed on routes
to, and streets surrounding, Cupertino schools.
Medium 80,000
(Evaluation of the
City's needs over
the course of the
year have revealed
that a budget
allocation will be
necessary to hire a
consultant to assist
with completing the
rollout of the Vision
Zero program.)
80,000
(Evaluation of the
City's needs over the
course of the year
have revealed that
a budget allocation
will be necessary to
hire a consultant to
assist with
completing the
rollout of the Vision
Zero program.)
Bicycle
Pedestrian
Commission
Public Works Transportation 3. Improve
Connectivity
4. Enhance
Mobility
A-3
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
11 RHNA related General Plan updates
and rezoning (Housing Element)
Amended at April 21 Council
Meeting
Review preliminary RHNA numbers. Look at strategies for RHNA compliance including evaluating sites for
potential upzoning, and jobs-housing ratio and statistics.
Identify Priority Housing sites, update Housing Element and complete rezoning by September 2023.
Consider Heart of the City Items from 2019-20 Work
Program as appropriate:
Amend the Heart of the City Specific Plan:
1) For clarifications to the minimum street side setback requirements
2) To review street tree requirements to allow larger
trees, increase diversity of tree type and encourage
drought-tolerant and native tree types
3) Update sections such as transit corridors in the City 4) Maintain existing setbacks and consider minimum
retail percentage to maintain a commercial strip
Large 1,070,000 1,070,000 Planning
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community
8. Embrace
Diversity
11 Student Internship Program
Councilmember Proposal
Implement a trial student summer internship program
with the City of Cupertino. Initial year will be on a limited basis. If approved, applications will be sought for one-, two- or three-week internships during the summer, with
applications to be released in mid-July. Internships will be project-focused, with participating City departments asked to identify a specific project or projects that a student intern can undertake. The internships will have a common start date, and include an orientation, group
activities and exit interviews.
Alternatively, if the time and resources do not permit the City to run a trial program in the upcoming summer of
the fiscal year (i.e., Summer 2022), Council may form a subcommittee to share practices for student internships, and to bring a report back to Council at the end of
Summer 2022 with recommendations as part of the
initiation of a student internship program in Summer
2023.
Medium 15,000 15,000 Teen
Commission
Administrative
Services
Public
Engagement
and
Transparency
9. Support
Education
13 5G Ordinance
Planning Commission Proposal
Adopt regulations based on aesthetics. Medium 0 0 Public Works Quality of Life 7. Ensure Attractive
Community
Design
A-4
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
14 Cupertino Store Implementation
Amended at April 21 Council
Meeting
Implement the Cupertino Store plan. This would include
identifying a location if one is not identified in fiscal year 2021-2022. With some help from the Fine Arts
Commission for some of the items with art designed by
community members, items would be designed and
selected for the store, for sale to the public, and also available for exchange purposes for formal delegations
to and from the City, with an at-cost charge structure for the latter purposes. For the 2022-2023 FY, the Cupertino store will be online only. Staff will present a plan to the Council on item selection and art design selection.
Large 150,000
(Cost is estimated at
approximately
$120,000 for design,
operation,
maintenance of the
online Cupertino
Store. This could
vary depending on
whether the website
is operated and
maintained inhouse, or via a thrirdparty vendor.
Merchandize cost is
estimated at an
additonal $30,000.)
150,000
(Cost is estimated at
approximately
$120,000 for design,
operation,
maintenance of the
online Cupertino
Store. This could
vary depending on
whether the website
is operated and
maintained inhouse, or via a thrirdparty vendor.
Merchandize cost is
estimated at an
additonal $30,000.)
Fine Arts
Commission
City Manager's
Office
Public
Engagement
and
Transparency
6. Support Vibrant
and Mixed-Use
Businesses
14 Review and Update General Plan
(GP) and Municipal Code
Current City Work Program Item
Also proposed to continue by
Planning Commission
1. Amend General Plan & Municipal Code & zoning
code to provide objective standards as identified in
2019/2020 evaluation.
2. Re-evaluate the Heart of the City Specific Plan for
sections of the plan that could be clarified and
updated easily with objective standards.
Large 500,000 500,000 Planning
Commission
Community
Development
Quality of Life 1. Develop
Cohesive
Neighborhoods
3. Ensure a
Balanced
Community
7. Ensure
Attractive
Community
Design
14 Senior Strategy
Current City Work Program Item
Address the needs of seniors in collaboration with the
City Council and Commissions. Needs to address
include technology resources, housing, food supply,
transportation, and mental and physical health and
wellbeing. Administer a second in-depth senior survey to learn about senior needs (including aging in place and
elder financial abuse).
Medium 69,000 69,000 Parks and
Recreation
Commission
Parks and
Recreation
Public
Engagement
and
Transparency
8. Embrace
Diversity
A-5
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
17 Integrated Plan for Community
Engagement
Councilmember Proposal
Create Integrated Plan and Database for Community
Engagement so that we do no start from scratch with
each project. The plan should include all possible
outreach channels, traditional media, newspaper,
including Chinese and other languages, City Channel,
the Scene, social media and influencers. community
leaders, community groups, HOAs, block leader
programs, Chamber and other business groups etc.
Explore the possibility for Library and Community
Engagement Commission so that the Library
Commission could help review and update this plan as
needed.
Extra-Large 30,000
(Additional budget
may be required to
implement the plan
once it is
completed as it
may require
additional printing,
mailing, translation,
etc.)
30,000
(Additional budget
may be required to
implement the plan
once it is completed
as it may require
additional printing,
mailing, translation,
etc.)
City Manager's
Office
Public
Engagement
and
Transparency
12. Ensure a
Responsive
Govenment
18 Lehigh and Stevens Creek Quarry
Current City Work Program Item
Monitor and report on Lehigh and Stevens Creek
Quarries. Utilize IOT sensors to measure noise,
particulate, and pollution levels at Lehigh and Stevens Creek Quarry.
Medium 478,050
(Includes
$62,500 for
noise and pollution
monitoring
and $415,550
for legal fees)
478,050
(Includes $62,500 for
noise and pollution
monitoring and
$415,550 for legal
fees)
TICC Public Works/
Innovation
Technology
Quality of Life 10. Preserve the
Environment
19 Bicycle Facilities
Bike Ped Commission Proposal
Increase the inventory of bicycle facilities and
amenities, such as bike racks, citywide.
Medium 50,000 50,000 Bicycle
Pedestrian
Commission
Public Works Transportation 4. Enhance
Mobility
19 Municipal Water System
Current City Work Program Item
To analyze and recommend options for the continued
operation of the system currently and at the end of
lease with San Jose Water Company in September 2024.
Medium 150,000 150,000 Public Works Sustainability
and Fiscal
Strategy
11. Ensure Fiscal
Seld Reliance
21 Development Accountability
Current City Work Program Item
Proposed to continue by Planning
Commission
Analyze methods to limit the implementation timeline for entitled/future projects and encourage development.
Monitor implementation of development agreements
and conditions of approval. Review and establish
accountability in the project approval process.
Medium 10,000 10,000 Planning
Commission
Community
Development
Quality of Life 5. Ensure a
Balanced
Community
6. Support Vibrant
and Mixed-Use
Businesses
21 Electrification Study
Staff Proposal
Sustainability Commission Proposal
Conduct public outreach, policy research, and
coordinate with regional efforts to develop policy
options for electrification of Cupertino's buildings and transportation systems.
Medium 50,000 50,000 Sustainability
Commission
City Manager's
Office
Sustainability
and Fiscal
Strategic
10. Preserve the
Environment
A-6
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
21 Residential and Mixed-Use
Residential Design Standards
Current City Work Program Item
Proposed to continue by Planning
Commission
Create objective design standards for residential and
mixed-use residential projects, including ensuring
adequate buffers from neighboring low-density
residential development.
Medium 240,000 240,000 Planning
Commission
Community
Development
Quality of Life 1. Develop
Cohesive
Neighborhoods
6. Support Vibrant
and Mixed-Use
Businesses
7. Ensure
Attractive
21 Blackberry Farm Golf Course Needs
Assessment
Current City Work Program Item
(Also Part of CIP)
Determine short-term and long-term improvements to
the golf course and amenities.
Medium 100,000
(Additional funding
required for public
outreach
measures.)
100,000
(Additional funding
required for public
outreach measures.)
Parks &
Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 5. Ensure a
Balanced
Community
25 Community Engagement on
Alternative Transportation and
Parking
Library Commission Proposal
Educate and encourage resident use of alternative
transportation to the Library. Install signage to point to overflow parking at Eaton Elementary school.
Medium 12,000 12,000 Library
Commission
City Manager's
Office
Parks and
Recreation
Public
Engagement
and
Transparency/
Transportation
4. Enhance
Mobility
25 Visitor Center
Councilmember Proposal
Develop an online visitor center/guide so that visitors to Cupertino know where to go. Ideally a (digital) map to
identify locations to visit or for photo ops to post on social media.
Medium 0
(40,000 for an online
visitor center on
hold until staffing
resources are
allocated)
0 (40,000 for an online
visitor center on
hold until staffing
resources are
allocated)
Economic
Development
Committee
City Manager's
Office
Public
Engagement
and
Transparency
6. Support Vibrant
and Mixed-Use
Businesses
27 Analyze Potential Revenue Measures
Staff Proposal
Analyze potential revenue measures, such as transient
occupancy tax, sales tax, property tax, and utility users tax, to address possible future financing challenges.
Medium 50,000 50,000 Administrative
Services
Sustainability
and Fiscal
Strategy
11. Ensure Fiscal
Self Reliance
27 Artwork at the Library/Exhibits/Poetry
and Art Day
Library Commission Proposal
Collaborate with groups such as the Fine Arts
Commission and Cupertino Poet Laureate to display
artwork, including exhibits, at the Library.
Exhibits could potentially be around the library and in the new programming space. Examples could be
potential galleries, a poetry/art show, cultural
documents and artifacts, or other fascinating exhibits.
Small 10,000 10,000 Library
Commission
Parks and
Recreation
Quality of Life 9. Support
Education
A-7
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
27 Hybrid Meeting for City Council and
Commission Meetings
Councilmember Proposal
Develop policy and infrastrcture to allow hybrid
meetings for both City Council, Commission meetings
and future community workshops. This allows seniors,
caretakers, parents with young children to participate
and speak.
Small 15,000 15,000 Innovation
Technology
Public
Engagement
and
Transparency
12. Ensure a
Responsive
Govenment
27 Lawson Middle School Bikeway
Staff Proposal
Retain consultant to prepare feasibility study which will evaluate alternatives that provide a separated bike
path for students riding to Lawson Middle School.
Feasibility cost will be $40,000.
Medium 40,000 40,000 Bicycle
Pedestrian
Commission
Public Works Transportation 3. Improve
Connectivity
4. Enhance
Mobility
31 Cybersecurity Public Education
Technology Information and
Communications Commission
Proposal
Provide education on cybersecurity to City residents,
guests and businesses.
Small 7,500 7,500 TICC Innovcation
Technology
Public
Engagement
and
Transparency
31 Housing Programs for De Anza
College Students
Previous City Work Program Item
Housing Commission Proposal
Continue participation in De Anza College’s student
housing assistance program.
Medium 25,000 25,000 Housing
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community
8. Embrace
Diversity
9. Support
Education
31 Safe Gun Storage Ordinance
Staff Proposal
Public Safety Commission Proposal
Research best practices for safe gun storage from
neighboring jurisdictions. Adopt safe gun storage
ordinance to increase public safety for residents.
Large 12,000 12,000 Public Safety
Commission
City Manager's
Office
Quality of Life 2. Improve Public
Health and Safety
31 Shuttle Bus Pilot Program
Implementation
Current City Work Program Item
Community shuttle bus 18-month pilot program to
increase connectivity throughout the City, nearby
medical locations, and Caltrain in Sunnyvale. Explore
complimentary opportunities to expand into other cities.
Large 1,750,000 1,750,000 Public Works Transportation 4. Enhance Mobility
35 Intergenerational Engagement
Councilmember Proposal
Many seniors have a wealth of lifelong experiences.
Many teens do not have grandparents nearby. Activities
cross generations could benefit both. Schools could
engage seniors in the community to attend school open
house or serve as volunteers, such as reading partners.
Large 20,000 20,000 Teen
Commission
Parks and
Recreation
Public
Engagement
and
Transparency
8. Embrace
Diversity
A-8
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Attachment A
Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Adopted FY 2022-2023 City Work Program
35 License Plate Readers
Public Safety Commission Proposal
Technology Information and
Communications Commission
Proposal
1. Research Automated License Plate Reader (ALPR)
systems
2. Research state laws, privacy concerns, and
regulations related to ALPR
3. Compare fixed location, mobile (in-car), and
portable (trailer ALPRs)
4. Identify outreach and engagement strategies used by
other jurisdictions using ALPR
5. Assess locations for fixed ALPR in Cupertino
6. Estimate ALPR costs for installation, monitoring, and maintenance
(Consider: Cameras, LPR, Safe-Exchange Zone, Pilot
cameras in a residential areas, and commercial
developments
Research best practices from other similar jurisdictions)
7. In partnership with the County Sheriff, install ALPR devices for the automated detection of license plates.
This data will only be for official law enforcement
purposes, including identifying stolen or wanted
vehicles, stolen license plates and missing persons. It may also be used to gather information related to
active warrants, homeland security, electronic
surveillance, suspect interdiction, and stolen property recovery.
Large 60,000 initial and
50,000 annually
(Estimated 20
cameras at $2,500
based on City of
Saratoga and City
of Los Altos Hills
contracts with
approximately
$10,000 installation
costs)
60,000 initial and
50,000 annually
(Estimated 20
cameras at $2,500
based on City of
Saratoga and City
of Los Altos Hills
contracts with
approximately
$10,000 installation
costs)
Public Safety
Commission/
TICC
City Manager's
Office/
Innovation
Technology
Quality of Life 2. Improve Public
Health and Safety
35 Sign Ordinance Update
Current City Work Program Item
Proposed to continue by Planning
Commission
Update existing provisions, particularly in the temporary sign regulations.
Small 25,000 25,000 Planning
Commission
City Attorney
Office /
Community
Development
Quality of Life
35 Youth Who Work
Councilmember Proposal
Encourage more youth and young adults in schools to
work and also help small businesses to reduce the
burden caused higher minimum wages. For example,
the City could provide $2/hour to compensate local
small businesses.
Large 0
($70,000 on hold
until staffing
resources are
allocated)
0 ($70,000 on hold
until staffing
resources are
allocated)
Economic
Development
Committee
City Manager's
Office
Quality of Life 6. Support Vibrant
and Mixed-Use
Businesses
A-9
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Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
4 Homeless Jobs Program
Current City Work Program Item
Proposed to continue by Housing
Commission
Create a jobs program for up to 2 individuals for 6
months.
Medium 200,000 200,000 Housing
Comission
Community
Development
Housing 5. Ensure a
Balanced
Community
8. Embrace
Diversity
6 Dogs Off Leash Area (DOLA)
Current City Work Program Item
Proposed to continue by Parks and
Recreation Commission
Standardize the process to create DOLA trial programs,
with no more than two trials running at a time. Respond and evaluate community-driven DOLA proposals to
implement additional DOLAs throughout the City. Two
new trials should start as soon as feasible, and the new trial should last about 6 months unless the trial is
adjacent to an athletic field or playground or there are other unexpected considerations.
Large 5,000 5,000 Parks and
Recreation
Commission
Parks and
Recreation
Quality of Life 5. Ensure a
Balanced
Community
13 5G Ordinance
Planning Commission Proposal
Adopt regulations based on aesthetics. Medium 0 0 Public Works Quality of Life 7. Ensure Attractive
Community
Design
14 Cupertino Store Implementation
Amended at April 21 Council
Meeting
Implement the Cupertino Store plan. This would include
identifying a location if one is not identified in fiscal year 2021-2022. With some help from the Fine Arts
Commission for some of the items with art designed by
community members, items would be designed and
selected for the store, for sale to the public, and also available for exchange purposes for formal delegations
to and from the City, with an at-cost charge structure for the latter purposes. For the 2022-2023 FY, the Cupertino store will be online only. Staff will present a plan to the Council on item selection and art design selection.
Large 150,000
(Cost is estimated at
approximately
$120,000 for design,
operation,
maintenance of the
online Cupertino
Store. This could
vary depending on
whether the website
is operated and
maintained inhouse, or via a thrirdparty vendor.
Merchandize cost is
estimated at an
additonal $30,000.)
150,000
(Cost is estimated at
approximately
$120,000 for design,
operation,
maintenance of the
online Cupertino
Store. This could
vary depending on
whether the website
is operated and
maintained inhouse, or via a thrirdparty vendor.
Merchandize cost is
estimated at an
additonal $30,000.)
Fine Arts
Commission
City Manager's
Office
Public
Engagement
and
Transparency
6. Support Vibrant
and Mixed-Use
Businesses
FY 2022-2023 City Work Program Items Expected to be Completed this FY Attachment B B-1
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Priority
# Project/Task Project Objective Project Size
Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
FY 2022-2023 City Work Program Items Expected to be Completed this FY 14 Senior Strategy
Current City Work Program Item
Address the needs of seniors in collaboration with the
City Council and Commissions. Needs to address
include technology resources, housing, food supply,
transportation, and mental and physical health and
wellbeing. Administer a second in-depth senior survey to learn about senior needs (including aging in place and
elder financial abuse).
Medium 69,000 69,000 Parks and
Recreation
Commission
Parks and
Recreation
Public
Engagement
and
Transparency
8. Embrace
Diversity
19 Bicycle Facilities
Bike Ped Commission Proposal
Increase the inventory of bicycle facilities and
amenities, such as bike racks, citywide.
Medium 50,000 50,000 Bicycle
Pedestrian
Commission
Public Works Transportation 4. Enhance
Mobility
27 Artwork at the Library/Exhibits/Poetry
and Art Day
Library Commission Proposal
Collaborate with groups such as the Fine Arts
Commission and Cupertino Poet Laureate to display
artwork, including exhibits, at the Library.
Exhibits could potentially be around the library and in the new programming space. Examples could be
potential galleries, a poetry/art show, cultural
documents and artifacts, or other fascinating exhibits.
Small 10,000 10,000 Library
Commission
Parks and
Recreation
Quality of Life 9. Support
Education
27 Lawson Middle School Bikeway
Staff Proposal
Retain consultant to prepare feasibility study which will evaluate alternatives that provide a separated bike
path for students riding to Lawson Middle School.
Feasibility cost will be $40,000.
Medium 40,000 40,000 Bicycle
Pedestrian
Commission
Public Works Transportation 3. Improve
Connectivity
4. Enhance
Mobility
31 Cybersecurity Public Education
Technology Information and
Communications Commission
Proposal
Provide education on cybersecurity to City residents,
guests and businesses.
Small 7,500 7,500 TICC Innovcation
Technology
Public
Engagement
and
Transparency
31 Shuttle Bus Pilot Program
Implementation
Current City Work Program Item
Community shuttle bus 18-month pilot program to
increase connectivity throughout the City, nearby
medical locations, and Caltrain in Sunnyvale. Explore
complimentary opportunities to expand into other cities.
Large 1,750,000 1,750,000 Public Works Transportation 4. Enhance Mobility
35 Intergenerational Engagement
Councilmember Proposal
Many seniors have a wealth of lifelong experiences.
Many teens do not have grandparents nearby. Activities
cross generations could benefit both. Schools could
engage seniors in the community to attend school open
house or serve as volunteers, such as reading partners.
Large 20,000 20,000 Teen
Commission
Parks and
Recreation
Public
Engagement
and
Transparency
8. Embrace
Diversity
Attachment B B-2
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Priority
# Project/Task Project Objective Reason for Removal Project Size Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
1 Lawrence Mitty Park Implementation
Plan
Current City Work Program Item
(Also Part of CIP)
Development project for Lawrence Mitty will be
included in the CIP. Programming, Outreach, & Design
with outreach expected to start by Q3 FY 21-22.
CIP - Staff recommends leaving
CIP items off of the City Work
Program
Medium 5,430,000 5,430,000 Parks and
Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 1. Develop
Cohesive
Neighborhoods
7. Ensure
Attractive
Community
Design
1 Memorial Park Improvements
Current City Work Program Item
Proposed to continue by Parks and
Recreation Commission
(Also Part of CIP)
Implement projects for Memorial Park improvements
including:
1. Memorial Park - Pond Repurposing
2. Memorial Park - Amphitheater Improvements
3. Memorial Park - Specific Plan Design
CIP - Staff recommends leaving
CIP items off of the City Work
Program
Large 4,650,000 4,650,000 Parks &
Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 1. Develop
Cohesive
Neighborhoods
7. Ensure
Attractive
Community
Design
4 10455 Torre Avenue Improvements
Programming & Feasibility
Current City Work Program Item
(Also Part of CIP)
Program, plan, and build facility improvements,
including seismic, utility and ADA upgrades, for the longterm use of this facility. The scope of work will include public outreach, programming, planning, design, and
construction.
CIP - Staff recommends leaving
CIP items off of the City Work
Program
Large 3,000,000 3,000,000 Public Works Sustainability
and Fiscal
Strategy
2. Improve Public
Health and Safety
6 Seismic Retrofits and Upgrades to
Existing City Hall (formerly
"Investigate Alternatives to City
Hall")
Current City Work Program Item
(Also Part of CIP)
Examine seismic retrofits, upgrades, and remodels to
existing City Hall. Remove allocations from budget to a new City Hall.
CIP - Staff recommends leaving
CIP items off of the City Work
Program
Large 500,000 500,000 Public Works Sustainability
and Fiscal
Strategy
2. Improve Public
Health and Safety
6 Support for the Unhoused
Amended at April 21 Council
Meeting
Councilmember Proposal
Formulate a City plan to leverage County resources and
advocate for funding to address the issue of the
unhoused and how to provide services in as effective a
manner as possible with the resources available. A
specific plan would be generated which includes
consideration and recommendations for:
- Work with the County and relevant agencies to
promote facility development with supportive services.
Operational - Move to annual
budget discussion for program
definition and budgeting.
Large 300,000 300,000 Housing
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community
8. Embrace
Diversity
Items to be Removed from Work Program - Proposed
Attachment C C-1
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Priority
# Project/Task Project Objective Reason for Removal Project Size Estimated Budget
(not including staff
time)
Allocated Budget Commission Department Goal Category General Plan Guiding Principle
Items to be Removed from Work Program - Proposed
11 Student Internship Program
Councilmember Proposal
Implement a trial student summer internship program
with the City of Cupertino. Initial year will be on a limited basis. If approved, applications will be sought for one-, two- or three-week internships during the summer, with
applications to be released in mid-July. Internships will be project-focused, with participating City departments asked to identify a specific project or projects that a student intern can undertake. The internships will have a common start date, and include an orientation, group
activities and exit interviews.
Alternatively, if the time and resources do not permit the City to run a trial program in the upcoming summer of
the fiscal year (i.e., Summer 2022), Council may form a subcommittee to share practices for student internships, and to bring a report back to Council at the end of
Summer 2022 with recommendations as part of the
initiation of a student internship program in Summer
2023.
Operational - Staff recommends
removing this item because the
City already has a policy on
internships within the adopted
Volunteer Policy.
Medium 15,000 15,000 Teen
Commission
Administrative
Services
Public
Engagement
and
Transparency
9. Support
Education
18 Lehigh and Stevens Creek Quarry
Current City Work Program Item
Monitor and report on Lehigh and Stevens Creek
Quarries. Utilize IOT sensors to measure noise, particulate, and pollution levels at Lehigh and Stevens Creek Quarry.
Operational - Monitoring and
reporting of Lehigh will continue
operationally and updates will
be posted on the City webpage
or brought to the City Council as
needed. Noise and pollution
sensors were installed last year
and the data is avilabale on the
public dashboard.
Medium 478,050
(Includes
$62,500 for
noise and pollution
monitoring
and $415,550
for legal fees)
478,050
(Includes $62,500 for
noise and pollution
monitoring and
$415,550 for legal
fees)
TICC Public Works/
Innovation
Technology
Quality of Life 10. Preserve the
Environment
21 Blackberry Farm Golf Course Needs
Assessment
Current City Work Program Item
(Also Part of CIP)
Determine short-term and long-term improvements to
the golf course and amenities.
CIP - Staff recommends leaving
CIP items off of the City Work
Program
Medium 100,000
(Additional funding
required for public
outreach
measures.)
100,000
(Additional funding
required for public
outreach measures.)
Parks &
Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 5. Ensure a
Balanced
Community
25 Community Engagement on
Alternative Transportation and
Parking
Library Commission Proposal
Educate and encourage resident use of alternative
transportation to the Library. Install signage to point to overflow parking at Eaton Elementary school.
CIP - Eaton Elementary is not an
option.
Additional parking will be
considered as part of City Hall
CIP project.
Medium 12,000 12,000 Library
Commission
City Manager's
Office
Parks and
Recreation
Public
Engagement
and
Transparency/
Transportation
4. Enhance
Mobility
27 Hybrid Meeting for City Council and
Commission Meetings
Councilmember Proposal
Develop policy and infrastructure to allow hybrid
meetings for both City Council, Commission meetings
and future community workshops. This allows seniors,
caretakers, parents with young children to participate
and speak.
This item has been addressed
through State law and is
obsolete.
Small 15,000 15,000 Innovation
Technology
Public
Engagement
and
Transparency
12. Ensure a
Responsive
Govenment
Attachment C C-2
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Attachment D
# Project/Task Project Objective
Percent
Complete Project Size Estimated Budget (not including staff time) Allocated Budget Commission Department Goal Category General Plan Guiding Principle 1 Consider options to develop ELI andBMR housing units for Developmentally Disabled individuals on City-owned property along Mary Avenue as well as the County-owned Outback Steakhouse location -Consider strategies to preserve existing BMR unitsAmended at April 21 Council MeetingCurrent City Work Program ItemProposed to continue by Housing Commission Identify ways to build ELI and BMR units for developmentally disabled. Investigate additional sites for BMR or ELI housing. 99% Large 250,000 250,000 Planning
Commission Housing Commission
Community Development
Housing 5. Ensure a Balanced Community
8. Embrace Diversity
2 Study Session on City-Owned PropertiesAdded at April 5 Council Meeting Inventory and assess existing facilities and prepare a long-range planning report for three City-owned properties (Blesch, Byrne, and Stocklemeir) 3% Medium 90,000
($25k for feasibility study and
$65k for long range plan.)
90,000
($25k for feasibility
study and $65k for
long range plan.)
Planning Commission
Public WorksCMO
Sustainability and Fiscal Strategy
7. Ensure Attractive Community Design
3 Support for the UnhousedAmended at April 21 Council MeetingCouncilmember Proposal Formulate a City plan to leverage County resources and advocate for funding to address the issue of the unhoused and how to provide services in as effective a manner as possible with the resources available. A specific plan would be generated which includes consideration and recommendations for:- Work with the County and relevant agencies to promote facility development with supportive services. With non-profit organization partnership, assist the County to identify space and a plan for supportive space with an ultimate aim to provide a pathway to permanent sustained housing would be made.- Funding strategy. This would require significant resources, but the social costs of not addressing this growing issue are more significant. With grant money and possible private partnerships available, the deliverable here would be to provide the City, in partnership with the County, with actionable recommendations for securing financial support for this program. - Make significant attempt to align with the SCC roadmap 5% Large 300,000 300,000 Housing
Commission
Community Development
Housing 5. Ensure a Balanced Community
8. Embrace Diversity
Refined FY 2022-2023 City Work Program
D‐1
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Attachment D
# Project/Task Project Objective
Percent
Complete Project Size Estimated Budget (not including staff time) Allocated Budget Commission Department Goal Category General Plan Guiding Principle Refined FY 2022-2023 City Work Program
4 Vision ZeroCurrent City Work Program ItemProposed to continue by Bike Ped Commission Develop a Vision Zero Policy and Action Plan and hire a consultant. The Plan will guide policies and programs with the goal of eliminating fatalities on Cupertino roadways. Special emphasis will be placed on routes to, and streets surrounding, Cupertino schools. 11% Medium 80,000
(Evaluation of the City's needs
over the course of the year have
revealed that a budget
allocation will be necessary to
hire a consultant to assist with
completing the rollout of the
Vision Zero program.)
80,000
(Evaluation of the
City's needs over the
course of the year
have revealed that
a budget allocation
will be necessary to
hire a consultant to
assist with
completing the
rollout of the Vision
Zero program.)
Bicycle Pedestrian Commission
Public Works Transportation 3. Improve Connectivity
4. Enhance Mobility
5 RHNA related General Plan updates and rezoning (Housing Element)Amended at April 21 Council Meeting Review preliminary RHNA numbers. Look at strategies for RHNA compliance including evaluating sites for potential upzoning, and jobs-housing ratio and statistics. Identify Priority Housing sites, update Housing Element and complete rezoning by September 2023.Consider Heart of the City Items from 2019-20 Work Program as appropriate:Amend the Heart of the City Specific Plan:1) For clarifications to the minimum street side setback requirements2) To review street tree requirements to allow larger trees, increase diversity of tree type and encourage drought-tolerant and native tree types3) Update sections such as transit corridors in the City4) Maintain existing setbacks and consider minimum retail percentage to maintain a commercial strip 38% Large 1,070,000 1,070,000 Planning
Commission
Community Development
Housing 5. Ensure a Balanced Community
8. Embrace Diversity
6 Cupertino Store ImplementationAmended at April 21 Council Meeting Implement the Cupertino Store plan. This would include identifying a location if one is not identified in fiscal year 2021-2022. With some help from the Fine Arts Commission for some of the items with art designed by community members, items would be designed and selected for the store, for sale to the public, and also available for exchange purposes for formal delegations to and from the City, with an at-cost charge structure for the latter purposes. For the 2022-2023 FY, the Cupertino store will be online only. Staff will present a plan to the Council on item selection and art design selection. 81% Large 150,000
(Cost is estimated at
approximately $120,000 for
design, operation, maintenance
of the online Cupertino Store. This
could vary depending on
whether the website is operated
and maintained in-house, or via
a thrird-party vendor.
Merchandize cost is estimated at
an additonal $30,000.)
150,000
(Cost is estimated at
approximately
$120,000 for design,
operation,
maintenance of the
online Cupertino
Store. This could vary
depending on
whether the website
is operated and
maintained in-house,
or via a thrird-party
vendor.
Merchandize cost is
estimated at an
additonal $30,000.)
Fine Arts Commission
City Manager's Office
Public Engagement and Transparency
6. Support Vibrant and Mixed-Use Businesses
D‐2
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Attachment D
# Project/Task Project Objective
Percent
Complete Project Size Estimated Budget (not including staff time) Allocated Budget Commission Department Goal Category General Plan Guiding Principle Refined FY 2022-2023 City Work Program
7 Review and Update General Plan (GP) and Municipal Code Current City Work Program ItemAlso proposed to continue by Planning Commission
1. Amend General Plan & Municipal Code & zoning code to provide objective standards as identified in 2019/2020 evaluation. 2. Re-evaluate the Heart of the City Specific Plan for sections of the plan that could be clarified and updated easily with objective standards. 69% Large 500,000 500,000 Planning
Commission
Community Development
Quality of Life 1. Develop Cohesive
Neighborhoods3. Ensure a Balanced Community7. Ensure Attractive Community Design 8 Integrated Plan for Community Engagement Councilmember Proposal Create Integrated Plan and Database for Community Engagement so that we do no start from scratch with each project. The plan should include all possible outreach channels, traditional media, newspaper, including Chinese and other languages, City Channel, the Scene, social media and influencers. community leaders, community groups, HOAs, block leader programs, Chamber and other business groups etc. Explore the possibility for Library and Community Engagement Commission so that the Library Commission could help review and update this plan as needed. 43% Extra-Large 30,000
(Additional budget may be
required to implement the plan
once it is completed as it may
require additional printing,
mailing, translation, etc.)
30,000
(Additional budget
may be required to
implement the plan
once it is completed
as it may require
additional printing,
mailing, translation,
etc.)
City Manager's Office
Public Engagement and Transparency
12. Ensure a Responsive Govenment
9 Municipal Water SystemCurrent City Work Program Item
To analyze and recommend options for the continued operation of the system currently and at the end of lease with San Jose Water Company in September 2024. 75% Medium 150,000 150,000 Public Works Sustainability and Fiscal Strategy
11. Ensure Fiscal Seld Reliance
10 Development AccountabilityCurrent City Work Program ItemProposed to continue by Planning Commission Analyze methods to limit the implementation timeline for entitled/future projects and encourage development. Monitor implementation of development agreements and conditions of approval. Review and establish accountability in the project approval process. 3% Medium 10,000 10,000 Planning
Commission
Community Development
Quality of Life 5. Ensure a Balanced Community
6. Support Vibrant and Mixed-Use Businesses
11 Electrification StudyStaff ProposalSustainability Commission Proposal Conduct public outreach, policy research, and coordinate with regional efforts to develop policy options for electrification of Cupertino's buildings and transportation systems. 15% Medium 50,000 50,000 Sustainability
Commission
City Manager's Office
Sustainability and Fiscal Strategic
10. Preserve the Environment
12 Residential and Mixed-Use Residential Design StandardsCurrent City Work Program ItemProposed to continue by Planning Commission Create objective design standards for residential and mixed-use residential projects, including ensuring adequate buffers from neighboring low-density residential development. 27% Medium 240,000 240,000 Planning
Commission
Community Development
Quality of Life 1. Develop Cohesive
Neighborhoods6. Support Vibrant and Mixed-Use Businesses7. Ensure Attractive Community Design 13 Visitor CenterCouncilmember Proposal
Develop an online visitor center/guide so that visitors to Cupertino know where to go. Ideally a (digital) map to identify locations to visit or for photo ops to post on social media. 0% Medium 0
(40,000 for an online visitor center
on hold until staffing resources
are allocated)
0 (40,000 for an online
visitor center on hold
until staffing
resources are
allocated)
Economic Development Committee
City Manager's Office
Public Engagement and Transparency
6. Support Vibrant and Mixed-Use Businesses
D‐3
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Attachment D
# Project/Task Project Objective
Percent
Complete Project Size Estimated Budget (not including staff time) Allocated Budget Commission Department Goal Category General Plan Guiding Principle Refined FY 2022-2023 City Work Program
14 Analyze Potential Revenue MeasuresStaff Proposal
Analyze potential revenue measures, such as transient occupancy tax, sales tax, property tax, and utility users tax, to address possible future financing challenges. 6% Medium 50,000 50,000 Administrative
Services
Sustainability and Fiscal Strategy
11. Ensure Fiscal Self Reliance
15 Safe Gun Storage OrdinanceStaff ProposalPublic Safety Commission Proposal Research best practices for safe gun storage from neighboring jurisdictions. Adopt safe gun storage ordinance to increase public safety for residents. 36% Large 12,000 12,000 Public Safety
Commission
City Manager's Office
Quality of Life 2. Improve Public Health and
Safety
16 Housing Programs for De Anza College StudentsPrevious City Work Program ItemHousing Commission Proposal Continue participation in De Anza College’s student housing assistance program. 45% Medium 25,000 25,000 Housing
Commission
Community Development
Housing 5. Ensure a Balanced Community
8. Embrace Diversity9. Support Education
17 Sign Ordinance UpdateCurrent City Work Program ItemProposed to continue by Planning Commission Update existing provisions, particularly in the temporary sign regulations. 62% Small 25,000 25,000 Planning
Commission
City Attorney Office / Community Development
Quality of Life
18 Youth Who WorkCouncilmember Proposal
Encourage more youth and young adults in schools to work and also help small businesses to reduce the burden caused higher minimum wages. For example, the City could provide $2/hour to compensate local small businesses. 0% Large 0
($70,000 on hold until staffing
resources are allocated)
0 ($70,000 on hold until
staffing resources
are allocated)
Economic Development Committee
City Manager's Office
Quality of Life 6. Support Vibrant and Mixed-Use
Businesses
D‐4
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Attachment D
# Project/Task Project Objective
Percent
Complete Project Size Estimated Budget (not including staff time) Allocated Budget Commission Department Goal Category General Plan Guiding Principle Refined FY 2022-2023 City Work Program
19 License Plate ReadersPublic Safety Commission Proposal Technology Information and Communications Commission Proposal
1. Research Automated License Plate Reader (ALPR) systems2. Research state laws, privacy concerns, and regulations related to ALPR3. Compare fixed location, mobile (in-car), and portable (trailer ALPRs)4. Identify outreach and engagement strategies used by other jurisdictions using ALPR5. Assess locations for fixed ALPR in Cupertino6. Estimate ALPR costs for installation, monitoring, and maintenance(Consider: Cameras, LPR, Safe-Exchange Zone, Pilot cameras in a residential areas, and commercial developmentsResearch best practices from other similar jurisdictions)7. In partnership with the County Sheriff, install ALPR devices for the automated detection of license plates. This data will only be for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery. 57% Large 60,000 initial and 50,000 annually
(Estimated 20 cameras at $2,500
based on City of Saratoga and
City of Los Altos Hills contracts
with approximately $10,000
installation costs)
60,000 initial and
50,000 annually
(Estimated 20
cameras at $2,500
based on City of
Saratoga and City of
Los Altos Hills
contracts with
approximately
$10,000 installation
costs)
Public Safety Commission/ TICC
City Manager's Office/ Innovation Technology
Quality of Life 2. Improve Public Health and
Safety
D‐5
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Attachment E
Project name Description Department
LOS-to-VMT 2.0 Develop a citywide VMT mitigation
approach
Public Works
I-280/Wolfe Interchange Partnership with VTA for approval, design and construction of new
interchange at I-280/Wolfe Rd
Public Works
New Landfill Disposal
Agreement
Current landfill agreement set to expire,
need new agreement, potentially
involving processing the garbage before
disposal to reduce the amount reaching
the landfill
Public Works
Faro Crime Evidence System Procure/Implement/Train Sheriff Dept on Crime Analysis Tool
Innovation
Technology
AV Improvements Senior
Center
Update audio visual systems w/in Senior
Center
Innovation
Technology
AV Improvements Quinlan Audio Visual improvements to Cupertino Room
Innovation
Technology
Application Roadmaps 3 year plans for ActiveNet (P&R) and Accela (CDD)
Innovation
Technology
ERP Phase 1 ERP Needs Assement to replace current
Fin/HR system
Innovation
Technology
Website Redesign Replace current City website Innovation Technology
Code Enforcement
Consolidation App
Consolidate all Code Enforcement apps
into 1
Innovation
Technology
Video Capture - City Facilities Implement Video Capture system at City Facilities
Innovation
Technology
Interactive Digital Signage Design/Install/Train Interactive signage at Quinlan
Innovation
Technology
Neighborhood Watch Crime
Summaries
Review the way crime statistics are
summarized and presented on the City
Neighborhood Watch webpage.
Compare with regional jurisdictions and
recommend improvement. Adjust
webpage user interface based on
Council recommendations
City Manager's
Office -
Emergency
Management
Select Notable Large Projects - Staff Level
E-1
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Attachment E
Project name Description Department
CEQA Streamlining Checklist As part of the adoption of the Climate Action Plan 2.0 in August of 2022, the
Council also adopted thresholds of
significance for greenhouse gas
emissions. These thresholds serve as a
way for future development projects to
align themselves with the City's
sustainability goals. The Sustainability
Division is taking lead to create this
checklist and also coordinating a training
session with the sustainability
consultants, the training is being
developed for the benefit of the
Sustainability Division and the Planning
Division.
City Manager's
Office -
Sustainability
Startup Space Technology
Hub
Online platform for small businesses to
connect with peers, city, chamber and
other resources.
City Manager's
Office - Economic
Development
Disaster Preparedness Fund
for Businesses
Creation of a new grant program for
businesses to become more resilient
City Manager's
Office - Economic
Development
Lobbyist Registration Program This was initiated in 2021. Clerk is in charge of implementation of the
program, which includes, developing
electronic filing system with vendor,
digitize and redact paper filing, working
with attorney on compliance guidelines,
outreach, annual and quarterly
registration, including notifications to
filers and tracking people who do not
file.
City Manager's
Office - City Clerk
Campaign finance Dashboard
(expenditure/contribution)
Input line item detail of all campaign
filings in January and July. During
election there are two more per year.
City Manager's
Office - City Clerk
Housing Element Establish the City's Housing Element Community Development
U.S. Dept of Housing & Urban
Development (HUD)
Language Access Plan (LAP)
HUD requires entitlement cities to
develop a LAP to assist individuals with
limited English proficiency to access
HUD funded programs (CDBG, HOME)
Community
Development
E-2
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Attachment E
Project name Description Department
HUD Environmental Review
Manual
HUD required the City to develop a
comprehensive environmental review
policy and procedures manual for the
City's CDBG program
Community
Development
E-3
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Councilmember Top 5
City Work Program Project List
Project Title Description Goal
1. 2.
3. 4.
5. Transportation
Public Engagement & Transparency
Housing
Sustainability & Fiscal Strategy
Quality of Life
Select each goal that the project aligns with.
Public Engagement & Transparency
Transportation
Housing
Sustainability & Fiscal Strategy
Quality of Life
Public Engagement & Transparency
Transportation
Housing
Sustainability & Fiscal Strategy
Quality of Life
Public Engagement & Transparency
Transportation
Housing
Sustainability & Fiscal Strategy
Quality of Life
Public Engagement & Transparency
Transportation
Housing
Sustainability & Fiscal Strategy
Quality of Life
Please review the accompanying report prior to completing this form. Return the form by email to [email protected]
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ATTACHMENT B
*Projects relevant to Commission Scope 1
Priority FY 2023-2025 Proposed City Work Program
Ranking Project Title Description Estimated Budget Est. Timeline Lead Department
Estimated Staff
Time/Staff Cost Goal
High
5 Vision Zero (3)
*Bike Ped
Commission
Develop a Vision Zero Policy and
Action Plan and hire a consultant.
The Plan will guide policies and
programs with the goal of
eliminating fatalities on Cupertino
roadways. Special emphasis will be
placed on routes to, and streets
surrounding, Cupertino schools.
$20,000
additional
(Vision Zero is
currently funded
with $80K (100-
88-844 750-040).
March 2023
- December
2023
Public Works 400 hrs/
$105,000
Transportation
4 Tree List Project phases:
1) Review and revise development
tree list (per Ch. 14.18: Protected
Trees) with an emphasis on
appropriate trees and native
species.
2) Review, revise, and
communicate street tree list with
an emphasis on appropriate
trees and native species.
3) Develop an Urban Forest
program scope and cost for
future consideration.
1) $50,000
additional
2) $60,000
additional
3) $0
1) January
2024 - June
2024
2) July 2023 -
June 2024
3) July 2023-
June 2024
1) Community
Development
2) Public Works
3) Public Works
1) 150 hrs/
$45,000
2) and 3)
200hrs/ $40,000
Sustainability &
Fiscal Strategy
3 Public Safety in
both
residential/comm
ercial areas
*Public Safety
Commission
1) Deploy city-owned license plate
readers and implement policies
to allow neighborhood-owned
ones.
2) Strengthen Block
Leader/Neighborhood Watch
programs to ensure the leaders
are active and expand the
coverage of active
neighborhoods.
3) Explore best practices to deter
crime in commercial areas and
bring options to Council.
1) $60,000
(Already allocated
in FY23)
2) $10,000
additional
3) $0
1) July 2022-
September
2023
2) July 2023-
June 2024
3)July 2023-
June 2024
1) Innovation
Technology
2) City
Manager’s
Office
3) City
Manager’s
Office
1)100-200 hrs/
$15,000-
$30,000
2)200 hrs/
$30,000
3)250 hrs/
$40,000
Quality of Life
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ATTACHMENT B
*Projects relevant to Commission Scope 2
Priority FY 2023-2025 Proposed City Work Program
Ranking Project Title Description Estimated Budget Est. Timeline Lead Department
Estimated Staff
Time/Staff Cost Goal
High
3 Senior Services
and Youth
Engagement
*Teen
Commission
1)Assess Survey results and develop
a plan to increase awareness of
programs and services for seniors
based on gaps identified by the
survey.
2) Connect seniors with youth and
their families with inclusive
activities.
1) $0
2) $20,000
additional
1) July 2023-
June 30, 2024
2) July 2022-
June 30, 2024
Parks and
Recreation
1) 400-500 hrs/
$60,000-
$80,000
2) 200 hrs/
$30,000
Public
Engagement and
Transparency
3 Dogs Off-Leash
Area (DOLA)
Programs
*Parks and Rec
Commission
1) Transition successful trial DOLA
programs to permanent programs
with a staff level permitting process
housed in Parks and Rec
2) Amenities for DOLA programs in
City parks, e.g., water facilities for
dogs, fencing, benches, etc.
1) $5,000
2) $200,000 per
year (already
allocated in CIP:
park amenity
improvements)
1) July 2023-
June 30, 2024
2) July 2023-
June 30, 2024
Parks and
Recreation
1) 600+ hrs/
$93,000+
2) 400hrs+/
$70,000+
(Dependent on
# of amenities)
Quality of Life
3 Recycled Water
Feasibility Study
Develop Recycled Water Feasibility
Study. Include Blackberry Farm
focus and extension of recycled
water from SCVWD.
$200,000 July 2023-
October 2024
Public Works 800 hrs/
$210,000
Sustainability &
Fiscal Strategy
Medium
2 Preserve existing
and develop new
BMR/ELI Housing
*Planning
Commission
Explore opportunities to preserve
existing expiring BMR housing.
Develop ELI (Extremely Low
Income) and BMR housing units for
Developmentally Disabled
individuals (IDD) on City-owned
property as well as the Countyowned sites.
$250,000
(already allocated
and will
carryover)
July 2021-
June 2025
Community
Development
1000 hrs/
$305,000
Housing
2 Study Session on
City-Owned
Properties
Inventory and assess existing
facilities and prepare a long-range
planning report for three Cityowned properties (including, but not limited to Blesch, Byrne, and
Stocklemeir)
$90,000 ($25k for
feasibility study
and $65k for long
range plan)
July 2023
- June 2025
City Manager’s
Office
100 hrs/
$16,000
Sustainability &
Fiscal Strategy
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ATTACHMENT B
*Projects relevant to Commission Scope 3
Priority FY 2023-2025 Proposed City Work Program
Ranking Project Title Description Estimated Budget Est. Timeline Lead Department
Estimated Staff
Time/Staff Cost Goal
Medium
2 Housing Element
Update
*Planning
Commission
Update Housing Element and
complete rezoning, General Plan
Amendments and EIR by December
2023.
$630,000
additional
($1,070,000
previously
allocated)
September
2020-January
2024
Community
Development
2000 hrs/
$610,000
Housing
2 The Rise:
construction
stakeholder
engagement
Improve engagement with
stakeholders to ensure progress
with construction and reduce
barriers.
$100,000
additional
July 2023 -
June 2025
City Manager’s
Office
700 hrs/
$100,000
Public
Engagement and
Transparency
2 Revise & Update
Heart of the City
Special Area
Prioritize following completion of
Housing Element:
1. Address effect of AB 2011 and
build on Housing Element goals to
facilitate housing production in
transit-oriented locations
2. Tailor permissible uses to
revitalize local public-facing
commercial uses
(retail/restaurant/entertainment/pr
ofessional office, etc.)
1)$1,000,000
additional
2)$50,000
additional
1) January
2024 - June
2025
2) January
2024 - June
2025
Community
Development
2000 hrs/
$610,000
Quality of Life
2 Council
Governance
Reform Package
1. Revised Ethics Policy consistent
with City response to the Civil
Grand Jury Report authorized on
2/21/2023
2. Investigate and report back on
incidents of violations of the
Municipal Code and Ethics Policy
relative to the Council-staff
relationship cited in the Civil Grand
Jury Report
1) $0
2) $25,000
additional (For
both Council and
Commission
Governance
Reform)
1) March 2023
- September
2023
2) March 2023
- September
2023
City Attorney’s
Office/ City
Manager’s
Office
150 hrs/
$30,000
Public
Engagement and
Transparency
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ATTACHMENT B
*Projects relevant to Commission Scope 4
Priority FY 2023-2025 Proposed City Work Program
Ranking Project Title Description Estimated Budget Est. Timeline Lead Department
Estimated Staff
Time/Staff Cost Goal
Medium
2 Commission
Governance
Reform Package
1. Revised Commissioner’s
Handbook to align it with Council
Procedures Manual
2. Investigate & report back on
incidents of violations of the Muni
Code re: the Commission-Staff
relationship
3. Realignment of Commissioner
terms of office
4. Establishment/revision of
commissioner qualifications
1) $0
2) $25,000
additional (For
both Council and
Commission
Governance
Reform)
3) $0
4) $0
1) April 2023 -
December
2023
2) March
2023 -
September
2023
3) March
2023 -
October 2023
4) March
2023 -
October 2023
City Attorney’s
Office/ City
Manager’s
Office
150 hrs/
$27,000
Public
Engagement and
Transparency
2 Whole City Policy
Review
Repeat the 2013 process of
compiling and reviewing all City
Policies including 1) Administrative
and 2) Council policies and provide
recommendations/updates, e.g.
Green Purchasing, Property
Acquisition
1) $10,000
(Already allocated.
This excludes
funds related to
review of Financial
Policies)
2) $0
December
2022-June
2024
Admin
Services/ City
Attorney’s
Office/ City
Manager’s
Office
200-500 hrs/
$30k-$80k
Public
Engagement and
Transparency
2 Homelessness
Jobs Project and
Transitional
Housing
*Housing
Commission
Continue the Homeless Jobs
program for two individuals for the
third year. Revisit for review and
consider Transitional Housing
$225,000
additional
July 2023-
June 2024
Community
Development
200 hrs/
$61,000
Housing
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ATTACHMENT B
*Projects relevant to Commission Scope 5
Priority FY 2023-2025 Proposed City Work Program
Ranking Project Title Description Estimated Budget Est. Timeline Lead Department
Estimated Staff
Time/Staff Cost Goal
Medium
2 Privacy Screening
and Balconies
Code
*Planning
Commission
Prioritize following completion of
Housing Element:
Muni Code (Ch.19.28: R-1 Zones)
Privacy Screening and Balconies.
Update privacy planting list to be
climate appropriate/native
$200,000
additional
January 2024
- January
2025
Community
Development
300 hrs/
$92,000
Quality of Life
2 Pond Repurposing
at Blackberry
Farm
Repurposing ponds at Blackberry
Farm, focus on groundwater
recharge.
$50,000
additional
July 2023 –
June 2024
Public Works 150 hrs/
$40,000
Quality of Life
Low
1 Analyze Potential
Revenue
Resources
Analyze potential revenue
resources such as transient
occupancy tax, sales tax, property
tax, utility users tax, the City-owned
municipal water system, and
potential lease/rental income to
address possible future financing
challenges.
$50,000 (already
allocated as part
of FY 23 City Work
Program)
March 2023 -
August 2023
Administrative
Services
100 hrs/
$16,000
Sustainability &
Fiscal Strategy
1 Support for the
Unhoused
*Housing
Commission
Collaborate and fund jointly with
West Valley efforts to address
regional needs and find workable
support for the Unhoused.
$50,000
additional
July 2023 -
June 2025
Community
Development
1000 hrs/
$90,000
Housing
1 Fiscal Procedures
and Policies
Handbook
Develop the handbook to ensure
standardization of accounting,
budget, investment, procurement
policies, procedures, rules and
regulations.
$45,000 (already
allocated as part
of Moss Adams
Contract)
July 2021-
September
2023
Administrative
Services
200 hrs/
$30,000
Sustainability &
Fiscal Strategy
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ATTACHMENT B
*Projects relevant to Commission Scope 6
Priority FY 2023-2025 Proposed City Work Program
Ranking Project Title Description Estimated Budget Est. Timeline Lead Department
Estimated Staff
Time/Staff Cost Goal
Low
1 New BicyclePedestrian Plan
*Bike Ped
Commission
1) Update the current Bicycle and
Pedestrian Plans and combine them
to create a comprehensive Active
Transportation Plan.
2) Consider Complete Streets
concepts to enhance the interface
between Active Transportation
improvements and public and
private transportation systems.
$200,000
additional
July 2024 –
December
2025
Public Works 750 hrs/
$200,000
Transportation
1 Budget Audit Audit the Budget and Budget
Policies.
$15,000 (already
allocated as part
of Moss Adams
Contract)
July 2022-
July 2023
Administrative
Services
40 hrs/ $6,000 Sustainability &
Fiscal Strategy
1 Real Estate
Purchasing Policy
Create Real Estate Purchasing Policy $75,000
additional
June 2025 City Manager’s
Office
200 hrs/
$30,000
Sustainability &
Fiscal Strategy
1 280 stretch as
scenic highway
Establish/maintain I-280 as scenic
highway
$25,000
additional
July 2023-
6/30/2024
Public Works 100 hrs/
$30,000
Quality of Life
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CITY OF CUPERTINO
Agenda Item
23-12187 Agenda Date: 4/4/2023
Agenda #: 10.
Subject: Consider submitting a letter in support of, or otherwise regarding, Assembly Bill (“AB”) 1469: Valley Water - Assisting Unsheltered People
Consider submitting a letter in support of AB 1469
Presenter: Christopher Jensen, City Attorney
CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
powered by Legistar™236
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CITY ATTORNEY’S OFFICE
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3195 • FAX: (408) 777- 3366
EMAIL: [email protected]
1 CITY COUNCIL STAFF REPORT
Meeting: April 4, 2023
Subject
Consider submitting a letter in support of, or otherwise regarding, Assembly Bill (“AB”) 1469:
Valley Water – Assisting Unsheltered People.
Recommended Action
Consider submitting a letter in support of AB 1469.
Reasons for Recommendation
The Santa Clara Valley Water District (“Valley Water”) is the regional water supply, groundwater management, flood protection, and stream stewardship agency for Santa Clara County. The agency’s enabling legislation, the Santa Clara Valley Water District Act (“District Act”), establishes and defines Valley Water’s purposes, grants limited authority to the seven-member elected board, and authorizes certain expenditures for the purposes defined by the Act.
Valley Water owns and manages 294 miles of streams and habitat, with a mission to protect more than 800 miles of streams throughout Santa Clara County. These areas include threatened and endangered species, sensitive habitats, and public infrastructure critical to water supply, groundwater recharge, and flood risk reduction activities.
In 2022, 77% of the unhoused population in Santa Clara County was unsheltered, with an estimated 2,300 taking refuge on Valley Water’s property or land easements. The large unsheltered population has led to encampments along waterways, creating environmental impacts as well as risks to the health and well-being of the unsheltered residents.
AB 1469 (Attachment A) expands the District Act to allow Valley Water’s purpose to include assisting unsheltered people living within their jurisdiction. The legislation would allow Valley Water to offer land for transitional housing and other facilities. In addition, the bill would allow Valley Water more flexibility to access revenue from an existing 1% ad valorem property tax to fund outreach, counseling, transitional housing, or other services for unsheltered people. 237
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2 The Santa Clara County Cities Association has requested that member cities take a position in support of AB 1469. A draft letter of support is included for Council’s consideration as Attachment B. If Council elects to take a position in support of the bill, the letter will be finalized for the Mayor’s signature and distributed as appropriate.
Sustainability Impact
Sending a letter supporting AB 1469 will have no sustainability impact. The bill’s measures have the potential to reduce the environmental impact of unsheltered people living along waterways within Santa Clara County.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Christopher D. Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Assembly Bill 1469
B – Draft Letter Re AB 1469
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AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1469
Introduced by Assembly Member Kalra
February 17, 2023
An act to amend Section 4 of the Santa Clara Valley Water District Act (Chapter 1405 of the Statutes of 1951), relating to the Santa Clara Valley Water District.
legislative counsel’s digest
AB 1469, as amended, Kalra. Santa Clara Valley Water District.
The Santa Clara Valley Water District Act creates the Santa Clara Valley Water District, and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district.
This bill would additionally authorize the district to assist unsheltered people living along streams, in riparian corridors, or otherwise within the district’s jurisdiction, in consultation with cities and cities, the County of Santa Clara, and the state, as appropriate, to provide solutions or improve outcomes for the unsheltered individuals.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
98 239
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line 1 (a) The number of unhoused people in the County of Santa Clara line 2 has increased by 36 percent in the last five years, rising from 7,394 line 3 in 2017 to 10,028 in 2022, according to the Homeless line 4 Point-in-Time Count and Survey. In 2022, 77 percent of the line 5 unhoused population in the county were unsheltered, meaning they line 6 are living in vehicles, in abandoned buildings, on public lands, or line 7 on the street.
line 8 (b) Thousands of the unsheltered people in the County of Santa line 9 Clara live along creeks and streams, in the riparian corridors, line 10 where 294 miles of creekside lands are owned by the Santa Clara line 11 Valley Water District, an independent special district responsible line 12 for regional water supply, flood risk reduction, and environmental line 13 stewardship of waterways in the county.
line 14 (c) Encampments of unsheltered people along waterways are line 15 both a human and an environmental tragedy, causing deaths and line 16 negative health outcomes for unsheltered individuals, increased line 17 community risks from fires, and flooding due to blocked drainages line 18 and the excavation of banks and levees, as well as the degradation line 19 of water quality from litter and human waste.
line 20 (d) Nutrient loading of streams from human waste facilitates line 21 algal blooms that degrade natural and constructed habitats for line 22 aquatic species, including federally threatened fish species such line 23 as steelhead trout.
line 24 (e) The safe operation of water supply and flood risk reduction line 25 infrastructure in the County of Santa Clara requires vehicle access line 26 along pathways favored by encampments and requires the rapid line 27 release of water from upstream reservoirs, not only during storms, line 28 but often weeks before storms arrive, which may unintentionally line 29 flood encampments, endangering unsheltered people. line 30 (f) Construction of flood risk reduction and water supply line 31 infrastructure, as well as environmental restoration and line 32 enhancement, requires closing certain areas to the public to protect line 33 life, safety, and the environment.
line 34 (g) As an independent special district, the Santa Clara Valley line 35 Water District’s actions to address the human and operational line 36 challenges posed by encampments and to reduce environmental line 37 impacts are limited by the agency’s authorities granted by the line 38 Santa Clara Valley Water District Act, as well as by the California line 39 Constitution’s restrictions on the use of taxes and fees collected line 40 for water supply and flood protection for other purposes. 98 AB 1469 — 2 —
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line 1 (h) The Santa Clara Valley Water District Board has long sought line 2 to increase resources that could be available to assist unsheltered line 3 people living along waterways and on other district properties to line 4 provide solutions, housing, or improved outcomes for the line 5 unsheltered individuals.
line 6 (i) In 2020, voters the in County of Santa Clara approved line 7 Measure S, a special tax that provides $500,000 annually to the line 8 water district for cost-share agreements with local agencies for line 9 services related to cleanups of encampment litter and debris on line 10 waterways, in keeping with the district’s limited mission. Those line 11 funds are limited and eroded by inflation, and the growing needs line 12 far exceed both the purpose and amount of funding provided by line 13 the special tax.
line 14 (j) In the case of Martin v. City of Boise, 920 F.3d 584, 616 (9th line 15 Cir. 2019), the United States Court of Appeals for the Ninth Circuit line 16 held that “as long as there is no option of sleeping indoors, the line 17 government cannot criminalize indigent, homeless people for line 18 sleeping outdoors, on public property, on the false premise they line 19 had a choice in the matter.” The United States Supreme Court line 20 declined to review the Ninth Circuit’s decision, leaving it in effect line 21 in the western states covered by the Ninth Circuit, including line 22 California. Martin v. City of Boise has been interpreted to mean line 23 a de facto requirement to offer shelter before unsheltered people line 24 may be relocated from public lands, and failure to do so may result line 25 in the issuance of a temporary restraining order. line 26 (k) Considering the Santa Clara Valley Water District’s line 27 uncommon flood risk reduction responsibilities that are separate line 28 from county government, accounting for its location in one of the line 29 largest urban areas in the state, noting the large numbers of line 30 unsheltered people living on the public lands in riparian corridors, line 31 and citing evolving case law requiring the offer of shelter to line 32 relocate unsheltered people living on public land, there is a line 33 compelling need to expand the purposes of the Santa Clara Valley line 34 Water District to better assist unsheltered people, to fulfill the line 35 district’s existing mission of comprehensive water supply, flood line 36 risk reduction, and environmental stewardship of streams, by line 37 providing solutions, housing, and improved outcomes for line 38 unsheltered people living on public lands and along waterways line 39 within the County of Santa Clara.
98 — 3 — AB 1469
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line 1 SECTION 1.
line 2 SEC. 2. Section 4 of the Santa Clara Valley Water District Act line 3 (Chapter 1405 of the Statutes of 1951), as amended by Section 1 line 4 of Chapter 279 of the Statutes of 2006, is amended to read:
line 5 Sec. 4. (a) The purposes of this act are to authorize the district line 6 to provide comprehensive water management for all beneficial line 7 uses and flood protection risk within the County of Santa Clara. line 8 (b) It is the intent of the Legislature that the district work line 9 collaboratively with other appropriate entities in the County of line 10 Santa Clara in carrying out the purposes of this act. line 11 (c) The district may take action to do all of the following:
line 12 (1) Reduce the risks to the County of Santa Clara from line 13 floodwater and stormwater of the district, including tidal floodwater line 14 and the floodwater and stormwater of streams that have their line 15 sources outside the district, but flow into the district. line 16 (2) Reduce the risks of floodwater or stormwater to the public line 17 highways, life, and property in the district, and the watercourses line 18 and watersheds of streams flowing within the district. line 19 (3) Provide flood risk reduction and provide for the conservation line 20 and management of stormwater, recycled water, or other water line 21 from any sources within or outside the watersheds in which the line 22 district is located for beneficial and useful purposes, including line 23 spreading, storing, retaining, and causing the waters to percolate line 24 into the soil within the district.
line 25 (4) Protect, save, store, recycle, distribute, transfer, exchange, line 26 manage, and conserve in any manner any of the waters. line 27 (5) Increase and prevent the waste or diminution of the water line 28 supply in the district.
line 29 (6) Obtain, retain, protect, and recycle drainage, stormwater, line 30 floodwater, or treated wastewater, or other water from any sources, line 31 within or outside the watersheds in which the district is located line 32 for any beneficial uses within the district.
line 33 (7) Enhance, protect, and restore streams, riparian corridors, line 34 and natural resources in connection with carrying out the purposes line 35 set forth in this section.
line 36 (8) Assist unsheltered people living along streams, in riparian line 37 corridors, or otherwise within the district’s jurisdiction, in line 38 consultation with cities and cities, the County of Santa Clara, and line 39 the state, as appropriate, to provide solutions or improve outcomes line 40 for the unsheltered individuals.
98 AB 1469 — 4 —
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line 1 (9) Preserve open space in the County of Santa Clara and support line 2 the county park system in a manner that is consistent with carrying line 3 out the powers granted by this section.
O
98 — 5 — AB 1469
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A HOUSE REPORTDIVIDED TITLE
1 April __, 2023
The Honorable Ash Kalra
Member, California State Assembly
1020 O Street, Suite 4610
Sacramento, CA 95814
RE: AB 1469 (Kalra) Valley Water – Assisting Unsheltered People.
Notice of Support
Dear Assemblymember Kalra:
The City of Cupertino would like to express our strong support for AB 1469, which makes changes to the Santa Clara Valley Water District Act to allow the agency to do more to assist unsheltered people living along creeks and streams, including providing housing or improved outcomes for unsheltered individuals.
Santa Clara County is currently experiencing unprecedented increases in the number of unhoused people taking refuge along waterways that run through neighborhoods, parks, and open spaces, as well as through commercial districts and industrial areas. As the regional agency responsible for water supply, flood protection, and the environmental stewardship of creeks and streams, the Santa Clara Valley Water District (“Valley Water”) owns hundreds of miles of property along waterways as well as other public lands. These locations are a preferred refuge for unsheltered people because of their proximity to surface water and the sheltering effects of riparian vegetation, canyons, and creek banks. Valley Water estimated in February 2023 that more than 2,000 unsheltered people were taking refuge on the agency’s properties and easements.
AB 1469 would provide Valley Water with the statutory authorization to use its land and a portion of its general tax revenue to humanely assist unsheltered people living along waterways to provide outreach, transitional housing, or other supportive services through contracts with cities, the County, or non-governmental organizations. The goal is to bring more resources to the table to facilitate solutions to serious environmental and operational impacts of large numbers of unsheltered people living along creeks and streams. 244
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A HOUSE REPORTDIVIDED TITLE
2 The City of Cupertino strongly supports AB 1469 because it will enable Valley Water to do more to assist unsheltered people taking refuge along waterways, provide more resources to support the efforts of cities, the County, and non-governmental organizations to address the homelessness crisis in our region, and will give Valley Water the tools it needs to improve water quality and protect sensitive, threatened, and endangered species. We urge the Legislature and the Governor to enact this important legislation.
Sincerely,
Hung Wei
Mayor, City of Cupertino
cc: Senator Dave Cortese
Assemblymember Evan Low
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CITY OF CUPERTINO
Agenda Item
23-12199 Agenda Date: 4/4/2023
Agenda #: 11.
Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY COUNCIL ACTIVITY REPORT
ȱȱ
ȱDZȱ
Reporting Councilmember:ȱȱ
Report Activity Dates:ȱȱȱ
Event ǰȱTitleǰ and Description:
April 4, 2023
Councilmember J.R. Fruen
2/6/23 3/27/23
Event 1. Monday, 2/6/2023, I attended a listening session cohosted by VTA and Cupertino for All as a visioning exercise for transit in the VTA system. It was well-attended and I was very happy to see a wide cross-section of the community present.
Event 2. Thursday, 2/9/2023, I attended the VTA Policy Advisory Committee meeting. The main highlight of the meeting was an update on the Better Bus Stops program.
Event 3. Monday, 2/13/2023, I met with Capt. Valenzuela and our own public safety team to receive an overview of the Sheriff's current activities and priorities.
Event 4. Wednesday, 2/15/2023, I attended a board meeting of the Cupertino Historical Society, where the board went over the budget for the coming year and examined staffing needs and issues.
Event 5. Wednesday, 2/15/2023, I also attended our State of the City address, which I was very happy to see so strongly attended. It's been a long time since I've seen the Quinlan Center so full.
Event 6. Thursday, 2/16/2023, I attended a public meeting on the VTA’s proposed transit oriented development at its Campbell light rail station.
Event 7. Friday 2/17/2023, I attended the State of the Valley address as hosted by Joint Venture Silicon Valley. The address focused on the findings contained in the Silicon Valley Index. The Index is available free of charge on the Joint Venture website to anyone interested.
Event 8. Monday 2/27/2023, I attended the Audit Committee meeting with Vice-Mayor Mohan.
We received an internal audit overview and a quarterly status update on the city’s internal audit as presented by Moss Adams, the city’s auditor; we also examined our budget process; and finally, we reviewed monthly treasurer’s investment report with a presentation from Chandler Asset Management.
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Event 9. Thursday, 3/9/2023, I attended the meeting of the VTA Policy Advisory Committee. We received three informational items. The first was a report on 2016 Measure B BicycleȬPedestrian Education & Encouragement program progress, where Cupertino featured heavily, including compliments from representatives of other jurisdictions (notably Sunnyvale and Santa Clara).
The Committee also received reports on the VTA Plan 2050, and took feedback on the VTA’s Board Governance enhancement initiative—a program responsive to many concerns about how VTA functions.
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Event 10. Thursday, 3/9/2023, I filled in for the Mayor at the last moment to help CUSD honor those schools in Cupertino which were recently awarded the California Distinguished School award by presenting commendations to the principals of each school at the regular CUSD Board of Education meeting.
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Event 11. Wednesday, 3/15/2023, I attended the board meeting of the Cupertino Historical Society. The Board conducted a report on its contract with the city, and accepted updates on (1) the time capsule from incorporation, (2) the Stevens Creek Trail signage, and (3) the Society’s docent program. The Board also set up committee assignments for new board members. ȱȱ
Event 12. Saturday, 3/18/2023, I attended the ribbonȬcutting for the Regnart Creek Trail. It was wonderfully wellȬattended. I biked the trail and found that it more than met my expectations. I look forward to the trail being wellȬutilized.
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Event 13. Sunday, 3/19/2023, I attended the Rotary Celebrating International Womenȇs Day event in Downtown San Jose. The event featured a panel on advancing womenȇs issues in public policy.
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Event 14. Saturday, 3/25/2023, I attended De Anza CollegeȇsȱȈTaste of History EventȈȱfeaturing a an art exhibit and historical commentary.
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Event 15. Monday, 3/27/2023, I attended the Audit Committee Meeting where we considered the Fiscal Year 2021Ȭ22 Annual Comprehensive Financial Report together with supplemental reports with an overview from the cityȇs auditor. In addition, the Committee reviewed the Monthly Treasurerȇs Investment Report, as well as the Monthly Treasurerȇs Report (both for February 2023). The Committee also considered an update on the Budget Format Review and examined its work plan and schedule for the remainder of the calendar year. 248
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CITY COUNCIL ACTIVITY REPORT
ȱȱ
ȱDZȱ
Reporting Councilmember:ȱȱ
Report Activity Dates:ȱȱȱ
Event ǰȱTitleǰ and Description:
March 28, 2023
Vice Mayor Sheila Mohan
2/7/23 3/21/23
2/8/2023: Attended Board of Directors meeting of Silicon Valley Clean Energy - audit results and mid-year budget were reviewed.
2/11/23: Attended a Meet and Greet hosted by the Cupertino-Sunnyvale League of Women Voters for elected officials. Cupertino was represented by all five councilmembers. 2/13/23: Introductory meeting with Captain Neil Valenzuala of the Sheriff's office - discussed public safety issues in the City
2/14/23: Information and strategy session with SVCE CEO. 2/25/23: Attended State of the City event where Mayor Hung Wei reported on key events of the past year.
2/16/23: As vice chair, attended audit committee meeting of SVCE 2/17/23: Attended the virtual meeting of the State of the Valley 2/22/23: Attended ground-breaking of the VMC's Child, Adolescent Treatment Center 2/27/23: Audit Committee meeting
3/4/23: Attended ribbon-cutting of the Wafe Ikebana Flower Show 3/8/23: Attended Board of Directors monthly meeting of SVCE 3/9/23: Attended Meet and Greet of Consul-General of China and his associates. 3/13/23: Attended inter-generational mixer at the Senior Center 3/14/23: Attended the Mandatory Training: Preventing Violence in the Workplace 3/16/23: Toured the West Valley Community Services facility, accompanied by the interim Director
3/17/23: Attended ribbon cutting of Alpha G, a financial services company 3/18/23: Attended ribbon cutting at the Regnart Creek Treail 3/19/23: Attended International Women's Day event hosted by Rotary 249
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CITY COUNCIL ACTIVITY REPORT
ȱȱ
ȱDZȱ
Reporting Councilmember:ȱȱ
Report Activity Dates:ȱȱȱ
Event ǰȱTitleǰ and Description:
April 4, 2023
Mayor Hung Wei
2/7/23 3/27/23
*Denotes Committee/Commission Assignments
2/7 Morning Chat w/Mayor:
18 participants including Santa Clara City Vice Mayor Kevin Park, Fremont Union High School District Board Member Stanley Kou, a High School student, a new resident (one month residency) and a long-time resident (60-year residency). Discussion topics included: Can the City make BMR units permanent BMR? Can VTA provide more frequent transit for students such as Route 51 for Monta Vista High? How about hosting an Orientation for New Residents? It was recommended that the Library hosts Computer Programming sessions; City website tutoring is recommended; School Safety is of concern; How about giving credits to high school students who walk or bike to school? Concerns on safety issues at La Mar/East Estates of Regnart Trail.
2/11 The League of Women's Voters of Cupertino-Sunnyvale Meet & Greet Attended the Meet & Greet which provided good networking opportunities with local elected officials. 2/12 Tai Ji Men Qigong Academy's Celebration of Lunar New Year This main topic centered on world compassion and peace; Sunnyvale Mayor Larry Klein was also in attendance.
2/15 State of the City Address co-hosted by the City of Cupertino, the Cupertino Chamber of Commerce, and the Rotary Club of Cupertino - partnerships work.
2/20 Met with Cupertino Change Agents students at Collins Elementary School Empoweing the next generation to be creative, innovative, and be change-makers to be part of moving Cupertino into the future.
2/21 Interviewed with John Blake on De Anza College Event Center opportunities. *2/22 West Valley Cities (Cupertino, Campbell, Saratoga, Los Gatos, Monte Sereno) Mayor and City Manager Monthly Meeting
The five cities coordinate efforts on issues common to all five West Valley cities such as the unhoused, public safety, traffic, housing, etc.
2/22 Representing Cupertino in attending the Council General of Japan's event in Observation of the Birthday of His Majesty of Japan with the President of the Cupertino-Toyokawa Sister Cities Association Alysa Sakkas.
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*2/27 Silicon Valley Clean Energy Finance and Administration Meeting Elected Chair and Vice Chair (I was elected Chair) and went over SVCE Financial reports and outlook. 2/28 ZOOM meet with Silicon Valley Leadership Group staff to discuss issues and concerns Emphasized the importance in investment in clean fast public transit for all Silicon Valley cities. 3/7 Morning Chat with Mayor:
19 participants including Fremont Union High School Board Member Stanley Kou and Foothill De‐Anza Community College Board President Patrick Ahrens. The following topics were raised: Homelessness/the Unhoused; Vallco; Public Input during City Council meetings; City Finance reports on the Profit/Loss of City‐owned facilities such as the Sports Center, Blackberry Farm Golf Course, Blackberry Farm Swim and Recreation; Special Assessment Taxes on property tax bill; Bubb/McClellan traffic rules changes – educating the public before and during changes & providing public notices for traffic lights updates. *3/7 Stevens Creek Corridor Study Initial Interview with the Consultant Team Discussed high‐level Visions for the Stevens Creek Corridor both in near term and outlook into the next 20 to 50 years.
3/8 Meeting with China Consul General Zhang and staff
City Manager Wu made a presentation to introduce Cupertino to the China Consul General and his staff. 3/8 Commissioners’ Meeting with Mayor
Commissioners reported on activities; Assistant City Manager Matt Morley answered questions from February Meeting and Commissioners also asked questions; Communications Officer Esther Kwon reported on the CREST Awards selection process and will coordinate with Executive Assistant to City Manager’s Office Debra Nascimento to email Commission Chairs to finalize a Selection Meeting Date among 3/20, 3/23 and 3/27.
*3/9 Cities Association of Santa Clara County Legislative Action Committee Meeting Two Valley Water bills were presented for consideration of support. City representatives will bring back to individual City Council for consideration.
*3/9 Cities Association of Santa Clara County Board of Directors Meeting Santa Clara County Board of Supervisor President Susan Ellenberg made a presentation on supportive housing for the unhoused and the County’s commitment to end homelessness; Silicon Valley Bicycle Coalition Executive Director Shiloh Ballard talked about May as Bicycle Month and how cities can participate in promoting biking during the month of May. 3/11 Annual Spring Festival Performance of the Chinese Performing Arts of American (CPAA) at the San Jose Performing Art Center
Attended the event and provided a Certificate of Appreciation for CPAA’s contribution in promoting arts and culture.
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3/12 APALI (Asian Pacific American Leadership Institute)’s Public Official Spring Forum Attended APALI Public Official Spring Forum and networked with local elected officials. 3/14 Cupertino City’s Mandatory Training on Preventing Violence in the Workplace Attended the training workshop.
3/15 2023 Legislative Briefing by Cal Cities
New Legislation Overview was presented by Cal Cities staff. 3/17 Ribbon Cutting Ceremony of Alpha G Grand Opening
Attended the Ribbon Cutting Ceremony with Vice Mayor Mohan and City Manager Wu in support of local business.
3/17 The Woman of the Year Celebration Luncheon hosted by Assemblymember Evan Low Congratulations to Assembly District 26’s 2023 Woman of the Year Anne Kepner. 3/18 The Regnart Creek Trail’s Ribbon Cutting Ceremony at Wilson Park Attended Regnart Creek Trail Ribbon Cutting with Vice Mayor Mohan, Councilmember Moore, Councilmember Fruen, City Manager Wu, City staff and dozens of residents who walked/biked the Trail after the Ceremony.
3/19 The 9th Annual Celebration of Orion Abacus Club
Attended the Celebration and congratulated the students who won international competitions on Abacus and Mental Arithmetic.
3/19 Rotary Celebrating International Women’s Day event at the San Jose Rotary Summit Center Attended the event observing and celebrating the Annual International Women’s Day. 3/22 Meeting with Santa Clara and Sunnyvale Mayors
Met with Santa Clara and Sunnyvale Mayors with City Manager Pamela Wu to exchange regional issues and collaborative opportunities. The plan moving forward is to meet every other month or quarterly, adding Mountain View Mayor.
*3/22 West Valley Cities (Campbell, Cupertino, Los Gatos, Monte Sereno, Saratoga) Mayors and City Managers Monthly Meeting
Received presentation from Police Chiefs of Campbell and Los Gatos on local gun safety and gun control issues.
3/22 Town Hall webinar on Affordable Housing with CA Senator Scott Wiener, Assemblymember Buffy Wicks and Assemblymember Alex Lee as Presenters.
Attended the webinar and listened to presentations.
3/23 Meeting with Corporate Representatives from Shane Co. 252
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Met with Shane Co’s Corporate Representatives with City Manager Pamela Wu and Economic Development Manager Tina Kapoor to support local business and tax revenues. 3/25 Cupertino City Volunteer Appreciation Luncheon at the Senior Center Senior Center staff planned a wonderful Volunteer Appreciation Luncheon with Cosmo decorations, games, and a fabulous magic show. Thanks to the Kiwanis Club of De Anza Cupertino for cooking up a gourmet meal.
3/25 Congressman Ro Khanna Town Hall at Garden Gate Elementary School Attended Congressman Khanna’s Town Hall meeting in Cupertino and I was honored to receive a Certificate of Recognition from Congressman Khanna.
3/25 Presentation to Scout Pack 485
Shared my personal and political journeys in life with 5th Graders in Scout Pack 485. 3/25 A Taste of History at De Anza College Performing Arts Center Attended the Annual” A Taste of History” event at the Visual & Performing Arts Center at De Anza College with Feature Speaker Anne Marie Todd, Author of “Valley of Heart’s Delight” and watched a special showing of “Wayfinders: Waves, Winds and Starts” at the De Anza Planetarium. 3/26 Annual Performance by the Dance Studio at Santa Clara University Louis B Mayer Theater Attended the Annual Performance and spoke briefly to congratulate students, teachers, and parents for their passion, love, and dedication in showcasing such a successful performance. 3/27 CREST Award Evaluation and Selection
Evaluated CREST Award applications with commissioners and selected winners in four categories. 253
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CITY OF CUPERTINO
Agenda Item
22-11262 Agenda Date: 4/4/2023
Agenda #: 12.
Subject: Informational memorandum on the Code Enforcement processes Receive the informational memorandum on the Code Enforcement processes CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY COUNCIL INFORMATIONAL MEMORANDUM
Meeting: April 4, 2023
To: Cupertino City Council
From: Pamela Wu, City Manager
Benjamin Fu, Community Development Director
Sean Hatch, Acting Building Official
Monica Diaz, Senior Code Enforcement Officer
Re: Code Enforcement Process
Background
On July 7, 2022, during a Special Meeting of the Cupertino City Council, Councilmembers Jon R. Willey and (Mayor) Hung Wei requested Code Enforcement Processes be added to a future agenda. Below please find Code Enforcement processes for Council’s information.
Code Enforcement Division:
Under Community Development Department, the Code Enforcement Division is currently comprised of two full-time Senior Code Enforcement Officers, one full-time Code Enforcement Officer and a part-time Code Enforcement Officer. Together, staff ensures residents have coverage for services seven days a week, between 8am and 5pm.
After-hour concerns received outside of 8am – 5pm are handled by the Santa Clara County Sheriff's Office.
Code Enforcement is responsible for the enforcement of the Cupertino Municipal Code as well as various other codes, all to ensure the enjoyment, health, and safety of all within Cupertino. Staff strives to obtain compliance through intervention, communication, deescalation, education, and cooperative efforts. Enforcement actions are generally a last resort tool used to ensure compliance. Staff strives to partner with the community in enforcing property maintenance standards, as it is our goal to help maintain property values and create a healthy, peaceful, safe, and aesthetically pleasing community for all to enjoy.
Current Practices:
Code Enforcement activities are complaint-based. Staff responds at the request of residents and the public at-large. The only exception would be if staff encounters a safety 255
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concern or hazardous condition, particularly when it affects the public right-of-way. Code Enforcement staff collaborate with other City agencies and departments to resolve the issue as soon as possible. In the event the hazard is associated with private property, staff attempts to work with that individual and engage in cooperative efforts to resolve the situation. The current Code Enforcement Process is published on the city’s website and illustrated in the graphic below:
Due Process:
Before any action is taken, a member of the public is given notice of a pending enforcement action that may affect them. Courtesy notice can be provided verbally or in writing.
Formal notices are written and can be served in-person, by posting at the property, via email and/or via USPS mail. Types of written notices can include Courtesy Notice, Notice of Violation, 2nd Notice of Violation, and Pre-Citation Notice. Deadlines on Notices can vary depending on the severity of a violation. Generally, the deadlines provided are 15 days or more. If the recipient does not respond or correct a violation after staff contact and Notices issued, staff will continue with escalated enforcement actions. These may include administrative citations, initiation of abatement proceedings and/or referral to the City Attorney’s Office for legal action.
Filing a Concern or Complaint:
Currently, code enforcement complaints are registered in the following ways:
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Online/Cupertino 311 – www.cupertino.org/cupertino311. Email – [email protected]. Emails received are routed to all Code Enforcement staff. All emails are provided a response within one business day. Phone – (408)777-3182. Members of the public can call a main line, where any available Code Enforcement staffer is able to respond. The caller also has the option to leave a voice message that all staff have access to retrieve. All calls are responded to, with messages returned within one (1) business day. In Person – during office hours. This method is the least preferred since staff is not always in the office and available for walk-ins.
Although complaints are received by multiple methods, the preferred method is via the City’s Cupertino 311 system (mobile app or website). Through reporting on Cupertino 311, information is automatically routed hence allows for a faster response.
Responses for a Complaint:
After a complaint is received, an acknowledgment response is provided to the complainant. Staff also informs the complainant that an investigation will commence soon. However, confidential information that can affect a property owner or resident pertaining to a case or complaint will not be shared. Staff does not provide step-by-step updates to a reporting party, due to an ongoing investigation. Staff can share the status of a case as well as dispositions for closed cases upon request either in-person, over the phone or via email. When complaints are initiated with outside staff it’s important to route the reporting party back to Code Enforcement staff so a full account of details may be obtained from the reporting party.
Other Reported Issues:
Among complaints received by the Code Enforcement Division, some reported issues are not code violations. A list of non-violation examples is listed below:
Civil matters. The City does not become involved in civil matters between two private parties, such as disputes involving good neighbor fencing or an overhanging tree.
Legal matters. Code Enforcement staff are not attorneys and thus cannot provide private residents with legal advice, such as contractual issues between a property owner and a vendor or discussions about legal interpretations. Reports of unsightly items. There are times when people have differences of opinion, particularly with aesthetic choices on their property. While unkempt property could be displeasing to the eye, it is not a determining factor for violations of the codes.
Property line disputes. The City does not provide land surveyor services. Property owners must hire a licensed professional surveyor to determine and mark property line boundaries.
Landlord and tenant disputes. Staff encourages resolution through respectful communication or mediation. We do refer residents to Project Sentinel, who offers helpful services for such instances.
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Personality differences between neighbors. Unfortunately, there is not a municipal code section that requires people to be considerate toward one another.
Code Violations:
Common violations addressed by Code Enforcement staff are as follows:
Unmaintained and/or hazardous landscaping per CMC § 9.22.020(C), CMC § 9.08 et seq. This can range from dry and overgrown weeds to dead, diseased, or decayed trees. This can also include vegetation that is encroaching into the public right-of-way.
Accumulations of trash and/or debris on a property per CMC § 9.22.020(B)(2). This includes improper storage of miscellaneous items.
Deteriorated and dangerous buildings per CMC § 9.22.020(F), UCADB § 302. Trash cans stored on public right-of-way per CMC § 6.24.070(D). Insufficient trash service per CMC § 6.24.030(A).
Inoperable and/or abandoned vehicles per CMC § 11.04.019, California Vehicle Code. This applies to vehicles both on private and public property. City Park use related violations and nuisances per CMC § 13.04 et seq. This includes use of recreational areas without prior authorization, noise nuisance violations at the park, unauthorized field use and such issues, as needed. Sign violations per CMC § 19.04 et seq. This applies to both public right-of-way and private property.
Animal related nuisances per CMC Title 8 et seq. This ranges from animal bites, dangerous animals, barking complaints, owners not cleaning up after their pet, and not adhering to leash laws.
Business license violations per CMC § 5.04.080.
Mobile food vendor violations per CMC § 5.48 et seq., CMC § 9.04 et seq. General noise nuisances per CMC § 10.48 et seq., including the community noise control for leaf blower regulations.
Graffiti per CMC § 10.60 et seq. This applies to both private and public property. Protected Trees per CMC § 14.18.050, including privacy screening. Parking enforcement per California Vehicle Code, CMC Title 11, including Street Sweeping enforcement.
Substandard housing per CA H&S § 17920.3, UCADB § 302, UHC Chapter 10. This includes any related life safety issues involving rental housing units. Smoking regulation violations in residential areas per CMC § 10.90 et seq. Short-term rentals related violations per CMC § 5.08 et seq. Alarm System violations (repeated false alarms) per CMC § 10.26 et seq. Enforcement assistance to the Planning and Building Divisions, and Public Works Department:
o Zoning related violations (e.g., land use, unpermitted ADUs, fences, setbacks, lack of permits, and others).
o Construction and alterations related violations (e.g., work without permits, change of occupancy, improper occupancy, general life safety issues, fire damaged structures, and others).
o Unsafe structures and fire hazards.
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o Grading and drainage issues, as needed.
o Encroachments into the public right-of-way, as needed.
Regulatory Permits Review:
Code Enforcement staff receives, processes, and issue permits related to Massage Establishments, Bingo game licenses, Handbill distribution, Solicitors, Taxicabs, Dangerous Animals, Animal Establishments, and Noise Exemptions. Staff collaborates and coordinates with associated agencies to obtain pertinent information. Such agencies include but are not limited to California Massage Therapy Council, Santa Clara County Sheriff’s Office, and/or San Jose Animal Care & Services.
Unhoused Persons and related issues:
Code Enforcement staff has been participating in the City’s and County’s unhoused persons support efforts. This group works closely with the County of Santa Clara’s Office of Supportive Housing staff to bring all available resources when coming across a situation affecting unhoused individuals in the city. Code Enforcement staff supports the process of assisting unhoused individuals by responding to citizen reports of encampments, establishing a rapport with an unhoused individual, monitoring an encampment for signs of distress or worsening conditions so the appropriate resources may be deployed as needed, coordinate encampment resolutions as needed, and assists with any other outreach as needed.
Sustainability Impact
No sustainability impacts.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Monica Diaz, Senior Code Enforcement Officer Reviewed by: Sean Hatch, Acting Building Official
Benjamin Fu, Community Development Director
Approved for Submission by: Pamela Wu, City Manager
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