CC 05-02-2023 Searchable Packet.pdf — Cupertino City Council, May 2, 2023 (part 2 of 2)

B. Raceways.

C. Cable fittings, jacks, punch down blocks, and devices.

D. Pull and junction boxes.

PART 2 - PRODUCTS

2.01 CONDUITS AND FITTINGS
A. Rigid Steel Conduit

1. Conduit, rigid steel: full weight, threaded, hot-dip galvanized, inside enameled, conforming to ANSI C80.1

2. Three-piece couplings: electroplated, cast malleable iron: Efcor 165 series or O.Z./Gedney 4-50 series.

3. Threadless couplings: electroplated, cast malleable iron, with integral conduit stop: Efcor 1760.

4. Threadless connectors: electroplated, cast malleable iron, on threaded male hub plastic insulated throat rated 90 degrees C minimum: Efcor 1750B series, or O.Z. /Gedney 31-0501T series.

5. Insulated bushings: threaded polypropylene or thermosetting phenolic rated 150 degrees C minimum.

6. Insulated grounding bushings: threaded cast malleable iron body with 263
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insulated throat and steel, "lay-in" ground lug with compression screw:

O.Z./Gedney BLG series, or Thomas & Betts 3870 series.

7. Insulated metallic bushings: threaded cast malleable iron body with plastic insulated throat rated 105 degrees C.: O.Z./Gedney Type B, or Thomas & Betts 1222 series.

B. Electrical Metallic Tubing (EMT)

1. Conduit: Shall be formed of cold rolled strip steel, electrical resistance welded continuously along the longitudinal seam and hot-dip galvanized after fabrication. Conduit shall conform to ANSI C80.3 specifications and shall meet U.L. requirements.

2. Couplings: Electroplated, cast malleable iron, gland compression type, U.L. listed rain and concrete tight through 1-1/4inch trade size:

O.Z./Gedney 6050W series: Efcor 760 series, or equal. Set-screw type couplings may be used in dry locations: O.Z./Gedney 5050 series.

3. Zinc die-cast fittings shall not be used.

4. Connectors: Gland compression type with cast malleable iron body with male hub and insulated plastic throat 150 degrees C temperature rated:

O.Z./Gedney 4050 series.

C. Flexible Metallic Conduit

1. Conduit: Shall be fabricated in continuous lengths from galvanized steel strip, spirally wound and formed to provide an interlocking design.

2. Fittings: Connectors shall be made of the screw clamp with cast malleable iron bodies and threaded male hubs with insulated throats.

D. Liquid Tight Flexible Metallic Conduit

1. Conduit: Anaconda Type U.A., or Coleman Type Uxt1.

2. Fittings: Connector body and gland nut shall be of cadmium plated cast malleable iron, with insulated throat: T & B 5331 series, O.Z./Gedney 4Q-38-1T series.

E. Rigid Non-Metallic Conduit

1. Conduit: Schedule 40 and 80, HDPE or PVC.

2. All fittings solvent welded.

3. As manufactured by Carlon, PW Pipe or equal.

F. Flexible Non-Metallic Conduit

1. Conduit: Carlon "Flex-plus" ENT, use limited per NEC 331.

2. All fittings UL listed.

G. Minimum acceptable conduit size:

1. As shown on plans
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H. Surface Raceway

1. Surface raceways shall be one-piece metal raceway, used for branch circuit wiring, video or voice wiring, as manufactured by The Wiremold Company or equal.

2. Surface wiring system shall consist of with all raceways appropriate angle fittings, outlets boxes, couplings, and connectors for a complete installation. Installation and use shall be as covered in NEC Article 386.

Raceway system shall be UL listed under Files No.’s E4376 Guide RJBT and E41751 Guide RJPR.

3. Minimum size raceway shall be Wiremold V500 (0.75” x 0.53” deep.

Finish shall be ivory Scuff Coat and shall be suitable for field repainting to match surroundings.

2.02 WIRE AND CABLE
A. General

1. Acceptable manufacturers: General Electric Co., Rome Cable, Southwire, Stabiloy, Triangle, PWC Inc.

2. Conductor material:
a. Branch Circuits: shall be copper for all wire sizes #14 AWG through 750 kcmil; for wire sizes #4 through 750 kcmil.

3. Insulation: Insulation shall be THWN-THHN for wire sizes through size 1/0 AWG. For larger wire sizes, insulation shall be THWN, XHHW and THW or as required to suit application.

4. Fixture wire: Type AF.

5. Non-metallic Sheathed Cable, Type NM, 75degree C, 3 or 4 conductors with ground; use allowed for interior wiring per NEC Articles 334 and 338.

6. Non-metallic Sheathed Cable, type SE-R, 75 degrees C, 3 or 4 conductors with ground; use allowed for interior wiring per NEC Articles 334 and 338 – Building 2 only.

7. Metallic Sheathed Cable: Aluminum or steel armor, 75degree C, 3 or 4 conductors with ground; as manufactured by AFC, Stabiloy, or equal.

8. Minimum conductor size:

Building power and house lighting branch circuits: #12AWG Signal and control circuits under 100 volts: #14AWG
Low voltage lighting controls: #18AWG

9. Television Cable: Coaxial double shielded, low loss, cables, by West Penn, or Belden, listed as being resistant to the spread of fire in accordance per NEC Art. 820-50 & 51:
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a. Up to 150 feet – RG6
b. Greater than 150 feet – RG11

10. Data Cable: IEEE Level 6A Cable 4-pair unshielded twisted solid 24 AWG copper: Belden, AMP, ICC, or equal.

2.03 OUTLET BOXES AND COVERS
A. Standard Outlet Boxes:

1. Galvanized, one-piece, drawn steel, knock-out type of size and configuration best suited to the application indicated on the plans.

Minimum box size: 4- inch square by 1-1/2 -inch deep, by RACO, Bowers, Appleton, or equal.

B. Switch Boxes: 2 - inch by 3-inch long, galvanized steel switch boxes shall be used only for the installation of single switches surface mounted. Use standard 4" SQ, and 4 11/16" SQ boxes for all recessed switch boxes locations. Install multiple switches in standard gang boxes with raised device covers suitable for the application indicated.

C. Floor Boxes: Cast watertight style with adjustable top, brass cover and lid, for ground floor where in contact with earth, and sheet metal style where in dry locations, as manufactured by Steel City, or Walker 800 series. Floor boxes shall be suitable for receptacles and/or telephone/data jacks, as indicated on Drawings, with twin-flap lid, or equivalent. Outlet boxes for modular furniture shall be provided with means for connection of flexible conduit whips, to be coordinated with furniture manufacturer.

D. Special Boxes: Custom boxes installed flush in dais desktop to house microphone jack, data jack and receptacle outlets, with slide cover, finish of cover as selected by City. One box to be provided at each chair position.

E. Video Boxes: Flush mounted wall boxes to be provided for large format video displays for HDMI cables and power receptacle.

2.04 SWITCHES AND RECEPTACLES
Not in scope of work.

2.05 DEVICE PLATES
Not in scope of work.
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2.06 ELECTRICAL SUPPORTING DEVICES
A. Concrete Fasteners: Powder-driven concrete pin fasteners, low velocity type:

Remington, or Ramset.

B. Conduit Straps: Hot-dip galvanized, cast malleable iron, one-hole type strap with cast clamp-backs and spacers as required: O.Z./Gedney #14-50G straps and #141G spacers; Efcor #231 straps and #131 spacers.

C. Construction Channel: 1-1/2 inch by 1-1/2inch 12-gauge galvanized steel channel with 17/32 inch diameter bolt holes, 1-1/2 inches on center, in the base of the channel: Kindorf 905 series, Unistrut P-1000-HS, or equal.

D. Fasteners (General): Use wood screws for fastening to wood; machine screws for fastening to steel; toggle bolts for fastening to hollow concrete block, gypsum board or plaster walls. Expansion anchors for attachments to pre-poured concrete.

2.07 PLYWOOD BACKBOARDS
Not in scope of work.

2.08 IDENTIFYING DEVICES
A. Panelboard Directories: Shall be typewritten, arranged in numerical order and shall show the number of the circuit is located. The room numbers used shall be verified with the Owner and shall not necessarily be those used in the drawings.

Mount directories in a 6" x 8" metal frame under plexiglass inside each panelboard.

B. Wire & Terminal Markers: Self-adhering, pre-printed vinyl with self-laminating wrap around strip: Brady B191 series; or Thomas & Betts #WSl series.

C. Cover Plate Circuit Numbering: All device cover plates shall be marked with Panel designation and circuit number, using adhesive backed printed labels.

2.09 GROUNDING
A. Enclosures of equipment, raceways, and fixtures shall be permanently and effectively grounded. Provide code-sized, (unless otherwise indicated) copper, insulated green equipment ground with all non-metallic rigid, and flexible metallic and non-metallic, conduit runs. Equipment ground shall originate at 267
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panelboard ground bus and shall be bonded to all receptacle boxes and electrical equipment enclosures.

B. Building services shall be grounded using concrete encased grounding electrodes, installed in per NEC Article 250, with connection to main cold-water pipe, main valve jumper, and bonding to gas piping.

2.10 PULL BOXES

A. Site boxes for use as pull boxes shall be reinforced concrete, or composite material, with reinforced concrete lids with hold-down penta-head bolts. Boxes shall be complete with base section, riser, and lids. As manufactured by Christy, Carson, Brooks, or approved equal
B. Boxes located in flush in pavement and in landscaped areas shall be set flush with final grade.

C. Boxes located in driveways or pedestrian walkways subject to vehicular traffic shall be full traffic rated, with steel lids with hold down bolts.

D. Set boxes on 6” base of crushed drain rock, and as indicated on Drawings. Covers shall be marked indicating type of service, i.e. telephone, path lighting, etc.

E. Provide driven ground rods in pull boxes as indicated on Drawings.

2.11 GROUND RODS
A. Copper clad steel ground rods, minimum size 3/4inch diameter by 10 feet long, with approved ground rod clamp, as manufactured by Eritech, Chance, Blackburn, or equal.

2.16 TERMINAL CABINETS
A. Provide surface or recess mounted where indicated constructed of code-gauge sheet steel with minimum 12-gauge hinged lockable doors and trim.

1. Lock shall be common keyed with panelboards.

2. Equip full area of each cabinet with ½" thick plywood backboard, painted as previously specified for plywood backboards.

3. On the inside of cabinet doors, provide index cardholders for each section.

4. On the outside of cabinet doors, provide a nameplate giving the cabinet designation.

5. As manufactured by Hoffman, Peninsula Controls, or equal. 268
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2.17 FIRE STOPPING
Not in scope of work.

PART 3 - EXECUTION

3.01 CONDUIT AND RACEWAY APPLICATIONS
A. Rigid Steel Conduit: For all conduits exposed to mechanical damage, installed in concrete walls and floor slabs.

B. Electrical Metallic Tubing (EMT): Interior power and lighting branch circuits where run concealed above suspended ceiling, in stud walls, furred spaces, CMU walls, and where not exposed to mechanical damage, or above 6' from floor.

May be used exposed and for penetrations of concrete floor slab.

C. Flexible Metallic Conduit: In dry locations for connection from adjacent outlet boxes to transformers, vibrating equipment, and to lighting fixtures installed in suspended ceilings. FMC shall not be used exposed outside of electrical rooms.

D. Liquid-Tight Flexible Metallic Conduit: In damp and wet locations for connection to all pump motors, solenoid valves, HVAC equipment and similar devices shall be made using liquid tight flexible metallic conduit. Provide separate ground wire independent of conduit, run inside conduit and bonded at both ends to enclosures.

E. Rigid PVC Conduits: Schedule 40 PVC or HDPE may be used underground only with 3" sand under and 6" sand over when serving lighting circuits and power secondary circuits. PVC conduit shall not be used for exposed work, and not for conduit stub-ups from concrete floors.

F. Surface Raceway: Use Wiremold single-piece raceway system, or size to suit wiring. Installation shall comply with manufacturer’s instruction sheets, which accompany system components as well as complete system instruction sheets – whichever is applicable. All raceway systems shall be mechanically continuou8s and connected to all electrical outlets, boxes and cabinets, in accordance with manufacturer’s installation sheets. All metal raceway shall be electrically continuous and bonded in accordance with NEC or proper grounding. Raceway and outlets shall be securely mounted to walls using suitable screws and anchors. All systems shall be installed complete, including insulating bushings and inserts where required by manufacturer’s installation sheets. All unused raceway openings shall be closed.
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G. Electrical Non-metallic Tubing: Uses permitted in accordance with NEC Article 362, for within walls, floors, and ceilings, exposed in electrical rooms and/or electrical closets.

3.02 CONDUIT INSTALLATION
A. General

1. Conduit system shall be concealed unless exposed work is clearly called for on the drawings.

2. Conduits shall be tightly covered and well protected during construction using metallic bushings and bushing "pennies" to seal open ends.

3. In all empty conduits or ducts, install a 200-pound tensile strength polyethylene pulling rope.

4. Conduit systems shall be electrically continuous throughout. Install code size, insulated, copper, green grounding conductor in all conduit runs indicated, or required by code, or as indicated on drawings.

B. Layout

1. Locations of conduit runs shall be planned of the installation and coordinated with the ductwork, plumbing, ceilings, and wall construction in the same areas and shall not unnecessarily cross other conduits or pipe, nor prevent removal of ceiling or tiles or panels, nor block access to mechanical or electrical equipment.

2. Where practical, install conduits in parallel groups, vertical or horizontal runs and at elevations that avoid unnecessary offsets.

3. Exposed conduit shall be run parallel or at right angles to the centerlines of columns and beams.

4. Conduits shall not be placed closer than 12 inches from a parallel hot water, or 3 inches from such lines crossing perpendicular to the runs.

C. Supports

1. All raceway systems shall be secured to the building structures using specified fasteners, clamps and hangers spaced according to code requirements.

2. Support single runs of conduit using one-hole pipe straps. Where run horizontally on walls in damp or wet location, install "clamp backs" to space conduit off the surface.

3. Multiple conduit runs shall be supported using "trapeze" hangers fabricated from specified construction channel, mounted to 3/8inch diameter threaded steel rods secured to building structures. Fasten conduit to construction channel with standard one-hole pipe clamps or the equivalent.
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D. Termination and Joints

1. Raceways shall be joined using specified coupling or transition couplings where dissimilar raceway systems are joined.

2. Conduits shall be securely fastened to cabinets, boxes and gutters using two locknuts and an insulating bushing or specified insulated connectors.

Install grounding bushings or bonding jumpers on all conduits terminating at concentric knockouts.

3. Conduit terminations exposed at weatherproof enclosures and cast outlet boxes shall be made watertight using specified connectors and hubs.

4. Install expansion couplings where any conduit within the building crosses a building seismic separation or expansion joint.

E. Penetrations

1. For roof penetrations flash and counter flash in accordance with other Divisions of these Specifications. Pitch pockets shall not be used.

2. All wall and floor penetrations shall be sealed water-tight. Maintain fire rating as required using UL approved fire stop assemblies.

3. All penetrations for metallic conduit and MC cables through concrete floor slab over parking garage in Building 1 must be rate F – 3 hour using 3M, Hilti, Nelson or STI listed fire-stop sealants and assemblies.

3.03 CABLE AND WIRE INSTALLATION
A. General

1. Conductors shall not be installed in conduit until all work of any nature that may cause its injury is completed. Care shall be taken in pulling conductors that insulation is not damaged. UL approved non-petroleum base and insulating type pulling compound shall be used as needed.

2. All cables shall be installed and tested in accordance with manufacturer's requirements and warranty.

B. Splicing and Terminating

1. All aspects of splicing and terminating shall be in accordance with cable manufacturer's published procedures.

2. Make up all splices in outlet boxes with connectors as specified herein with separate tails of correct color to be made up to splice. Provide at least six (6) inches of tails packed in box after splice is made up.

3. All wire and cable in panels, terminal cabinets and equipment enclosures shall be bundled and clamped.

4. All aluminum bus bar bolts shall be tightened with a torque wrench in accordance with NEMA published values.
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C. Penetrations

1. All wall and floor penetrations shall be sealed air and/or water-tight.

Maintain fire ratings as required by Architect’s plans.

3.04 INSTALLATION OF BOXES AND WIRING SERVICES
Contractor to coordinate with the City and the A&D Gates for complete in place, and operating gate.

3.05 COMMUNICATIONS SYSTEM (Data & Voice)
Contractor to coordinate with the City and the A&D Gates for complete in place, and operating gate.

3.06 DATA/TELEPHONE OUTLETS BOXES IN OFFICE AREAS
Contractor to coordinate with the City and the A&D Gates for complete in place, and operating gate.

END OF SECTION 26 10 00
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31 23 33 Trenching and Backfilling
PART 1 - GENERAL

1.1 SUMMARY
A. Section Includes:

1. Trenching or excavation and backfilling for utility systems, and related appurtenances.

B. Related Documents:

1. The Contract Documents, as defined in the General Conditions, apply to the Work of this Section. Additional requirements and information necessary to complete the Work of this Section may be found in other documents.

C. Related Sections:

1. Section 03 30 00 - Cast in Place Concrete

2. Section 26 01 00 – General Electrical Requirements

3. Section 26 10 00 – Basic Materials and Methods

1.2 SUBMITTALS
A. Test Reports:

1. Field density (compaction) test reports of each test made.

2. Optimum moisture-maximum density curves for each type of soil encountered.

B. Fill Samples and Tests:

1. Provide for each type soil material to be used on project, with testing results indicating compliance with requirements specified, for approval prior to start of work.

C. Potholing:

1. Contractor shall perform potholing to their satisfaction, as needed to install new conduit and gate.
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1.3 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with applicable requirements of federal, state and local laws, regulations and codes having jurisdiction at project site.

B. Reference Standards: Applicable requirements of standards and specifications referenced herein apply to the work of this Section.

C. Field Quality Control: Testing and Inspection: Owner will obtain and pay for services of an independent commercial testing laboratory for performing field quality control testing of soils during construction; costs of retesting because of noncompliance with requirements specified, including recompaction of deficient areas, are at Contractor's expense.

1.4 PROJECT CONDITIONS
A. Coordination: Coordinate this work with the work of other Sections to avoid any delay or interference with other work.

B. Cooperation: Coordinate this work with the work of other Sections to avoid any delay in progress of building or any interference with progress of other work. Where required for proper construction operations, perform portions of work included in this Section separate from general building excavation as directed.

C. NOT USED
D. Existing utilities:

1. Locations indicated are approximate.

2. Contact local "Underground Service Alert - USA" at (800) 642-2444 prior to excavation and verify exact locations of all existing utilities.

3. Perform necessary exploratory tests for verification if necessary. The City and the Engineer will assume no responsibility for hazardous conditions, losses and accidents arising out of failure to perform by the Contractor or other Parties or both.

4. Should incorrectly charted or uncharted piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility services in keeping respective services and facilities in operation. Repair damaged utilities to the satisfaction of utility owner. 274
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E. Disposition of utilities:

1. Observe rules and regulations governing respective utilities during execution of work of this Section.

2. Adequately protect all active utilities from damage:

3. Remove or relocate active utilities only as shown or as specified.

4. Remove, plug or cap inactive and abandoned utilities encountered in excavating and grading operations. In absence of specific requirements, remove, plug or cap such utility lines within the trench limits.

F. Benchmarks, Monuments and Other Reference Points: Protect from damage and displacement; if disturbed or destroyed, replace at Contractor's expense.

G. Keep dirt, dust, noise and other objectionable nuisances to a minimum.

H. Protection:

1. Barricades:
a. Furnish and maintain barricades, signs and markings for excavated areas in accordance with requirements of all local codes and as herein specified. b. Paint and maintain barricades in good condition. Mount flashing yellow lights and maintain same.

2. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations.

PART 2 - PRODUCTS

2.1 MATERIALS – GENERAL
A. Pipeline Backfill
Backfill shall be placed per Trench Details on drawings. Backfill over pipe bedding shall be native material.

PART 3 - EXECUTION
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3.1 EXAMINATION
A. Examine areas in which work is to be performed. Report in writing to Owner of all prevailing conditions that will adversely affect satisfactory execution of work. Do not proceed with work until unsatisfactory conditions have been corrected.

B. Starting work constitutes acceptance of the existing conditions and the Contractor shall then, at his expense, be responsible for correcting all unsatisfactory and defective work encountered.

3.2 PREPARATION
A. Pursuant to State law, all open excavations greater than five feet in depth shall be constructed with bracing, sheeting, shoring or other equivalent method designed for the protection of life and limb. The Contractor must at all times comply with the requirements of the construction safety orders of the Division of Industrial Safety.

The above-stipulated requirements shall be considered the minimum to be provided. It shall be the Contractor's responsibility to provide the additional strength required to support the sides of the excavation against loads that may exceed those employed to derive the criteria set forth in the Industrial Safety orders. The Contractor shall be solely responsible for any and all liabilities which may arise from his failure to provide adequate shoring, bracing or sheeting as necessary to support the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the project.

The contract price shown in the Proposal shall include all costs relating to trench safety and shoring of excavations. Changes in the support systems directed by the City to insure compliance with the Safety Orders, or changes required to accommodate conditions encountered in the field, will not be considered extra work and no extra payment will be forthcoming as a result of the changes required.

All costs associated with hand excavation shall be included into the cost of the item installed. Contractor shall be aware of the existing field conditions prior to the commencement of work.

The Contractor shall appoint a project safety supervisor who shall, by training and experience, be fully qualified to supervise the installation, maintenance and removal of sheeting, shoring and bracing. The project safety supervisor shall have full authority over the work in all job safety matters and shall be present at all times when work is in progress in excavations and trenches greater than five feet in depth.

B. The Contractor shall perform his work in such a manner as not to harm the undisturbed condition of the underlying or adjacent soils or damage or prevent the proper 276
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placement of fill. When in the opinion of the City, natural soils or fill are damaged or disturbed by the operations of the Contractor, thereby precluding the utilization of the site as planned, the Contractor shall correct such damage or disturbance. Corrections shall be as directed by the City and may include, but not be limited to, the removing of natural and fill foundation soils both laterally and vertically and replacing with compacted fill to the required grades or the construction of alternative methods of support. The cost of any such repair, rehabilitation or modification shall be borne by the Contractor.

C. Dewatering:

1. Prevent ground and subsurface water from flowing into excavations, from flooding project site and surrounding properties, and from collecting and ponding; provide and maintain all temporary drainage and dewatering systems required.

2. Install pumps, sumps and suction and discharge lines, as required.

3. Install temporary deviations from grades indicated to channel water away from excavations.

5. If water is encountered during excavation, install pumps of capacity to remove water while excavations are being made.

D. Shoring and Bracing:

Where sheet piling, shoring, sheeting, bracing or other supports are necessary, they shall be furnished, placed, maintained and, except as shown or specified otherwise, removed by the Contractor.

The design, planning, installation and removal, if required, of all sheeting, shoring, sheet piling, lagging and bracing shall be accomplished in such a manner as to maintain the required excavation or trench section and to maintain the undisturbed state of the soils below and adjacent to the excavation.

The use of horizontal strutting below a pipe barrel or the use of the pipe as support for trench bracing will not be permitted. The use of the soldier pile and horizontal lagging method of support or the use of a traveling shield for storm construction shall require the prior written acceptance of the City. Sheet piling and timbers in trench excavations shall be withdrawn in a manner so as to prevent subsequent settlement of a pipe or additional backfill loading which might overload the pipe.

When the construction sequence of structures requires the transfer of bracing to the completed portions of any structure, the Contractor shall secure written acceptance of 277
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the City prior to the installation of such bracing.

California Labor Code Section 6705, and all applicable Construction Safety Orders and shoring system standards with respect to excavation and construction shall be strictly observed at all times.

3.3 TRENCHING AND BACKFILLING FOR UTILITY SYSTEMS
A. Trench Excavation:

1. Sawcut existing AC Pavement Section. Contractor shall be aware that City roads have concrete bases that will need to be sawcut as well.

2. Excavate to necessary width, depth and alignment for proper material installation. Cut trench banks as nearly vertical as practicable, but to safety standards of governing authorities.

3. Accurately grade trench bottoms to provide uniform bearing and support for each pipe section on undisturbed soil along full pipe length, except for areas where necessary to excavate for bell holes and for sealing pipe joints. Dig holes and depressions for joints after trench bottom has been graded, so pipe rests on prepared bottom for full length. Remove all stones to avoid point bearing.

4. Remove wet or otherwise unstable or unacceptable material encountered beyond depths indicated and replace with sand, gravel or concrete.

B. Excavation for Appurtenances: Excavate for manholes and similar structures, to leave 12" minimum clearance between outer surfaces and embankment or timber used to hold and protect banks. Fill overexcavation with sand, gravel or concrete.

C. Percent Compaction: Percent compaction is the in-place dry density of the fill expressed as a percentage of the maximum dry density of the fill material determined by the City in accordance with the Test Method of ASTM D1557.

3.4 FIELD QUALITY CONTROL
A. Testing and Inspection Services: Owner may retain the services of a Geotechnical Engineer Service (GES) to perform observations, inspections and testing during execution of site work and any other tests deemed necessary to determine compliance with specifications.

B. Contractor shall coordinate GES Inspectors and Technicians to facilitate the execution of their duties.
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C. Upon completion of excavation, GES shall inspect and test the work and determine the suitability of the soil and preparation of subsequent site work.

D. GES shall without delay submit to the City reports of all observations, inspections and tests.

3.5 OVEREXCAVATION AND SUBGRADE STABILIZATION
A. If the City determines that the subgrade encountered is wet or appears to be unstable, overexcavate to the horizontal limits directed by the City and to the depth of 6-inches and place 6-inches of Class I permeable material.

END OF SECTION 31 23 33
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SECTION 32 01 91 TREE PROTECTION
PART 1 – GENERAL

1.1 SCOPE
A. Perform all tree protection as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Installation of tree protection fence

2. Hand trenching within tree protection zone

1.2 STANDARDS
A. Perform all work in accordance with City of Cupertino Standards and ANSI-A300 best management practices for tree protection during construction.

1.3 REFERENCES

1. ANSI-A300, Part 5: Management of Trees and Shrubs during Site Planning, Site Development, and Construction. Current edition.

2. Glossary of Arboricultural Terms, International Society of Arboriculture, Atlanta, GA.

3. City of Cupertino Standard Details 6-2 through 6-4

1.4 DEFINITIONS
A. The term “Tree Protection Zone” (TPZ) shall mean the area beneath a tree’s canopy, or all area within a distance from the trunk equal to six times the tree’s diameter at 4.5 feet above existing grade, whichever is greater.

1.5 ACCESS AND STORAGE
A. Prior to commencement of work, the Contractor shall meet on site with the City’s Representative to review scope of work, work procedures, access routes, storage areas, and tree protection measures.

B. No grading, demolition, trenching, parking, storage or dumping of any construction materials is allowed within the TPZ, unless specifically noted on the plans. Exceptions must be reviewed and approved by the City’s Representative as specified in paragraph

1.6.B of this Section.
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1.6 COORDINATION AND SCHEDULING OF WORK
A. All work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with or annoyance to others. Contractors shall work out any cooperative schedules. Construction of utility, drainage and irrigation lines around existing trees shall receive priority in scheduling so trenching, irrigation installation and backfilling can be done in an expedient manner.

B. Any work that must occur within the TPZ shall be reviewed and approved by the City’s Representative. The Contractor shall notify the City’s Representative a minimum of 48 hours in advance of any activity in the TPZ.

PART 2 – PRODUCTS

2.1 FENCING
A. All trees to be retained shall be temporarily fenced per plan, and in accordance with City standards for tree protection during construction. If plans and City standards conflict, the more stringent standard shall prevail.

PART 3 – EXECUTION

3.1 PRESERVATION OF EXISTING TREES
A. Protection: Shall be as shown on plans and in accordance with City Standard Details.

1. Fencing shall be erected before any demolition or construction activities take place on site and shall not be removed or modified before the end of the project without written authorization from the .

2. Fencing may be installed in a single run around multiple trees.

B. Root Cutting: Prior to approved excavation within a TPZ, a trench shall be dug along the edge of the excavation closest to the tree trunk. This trench shall by dug by hand or with an air spade to a depth of 30 inches, and shall be of a sufficient width to manually sever any roots encountered greater than 2” diameter. Cuts shall be made perpendicular to the direction of the root’s growth, using a clean hand saw. After roots are cleanly severed, excavation equipment may be used as required on the side of the trench farthest from the tree.

1. Within one hour of cutting or exposure, roots shall be covered with moist soil or with burlap that is kept wet until the excavation can be back-filled and watered thoroughly.

C. Debris Removal: All trimmings, stumps, roots, logs, sod, or any other form of debris resulting from this work shall be cleaned up and legally disposed of off-site at the Contractor’s expense. Stumps shall be ground to 12 inches below grade. 281
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D. Watering: Provide supplemental irrigation as necessary during construction to prevent drought stress.

1. If trees show stress it may become necessary for Contractor to perform deep root watering as required at no extra cost to the City.

END OF SECTION 32 01 91
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Service Center Security Gate Project 32 12 16 Asphalt Paving 2023-103 Page 129
32 12 16 ASPHALT PAVING
PART 1 - GENERAL

1.1 SECTION INCLUDES
A. Specifications for providing asphaltic concrete paving as indicated.

1.2 REFERENCES
A. State of California, Department of Transportation (Caltrans), Standard Specifications:

1. Section 39 – Asphalt Concrete

2. Section 92 – Asphalt Binders

3. Section 93- Liquid Asphalts

4. Section 94 – Asphaltic Emulsions
B. State of California, Department of Transportation (Caltrans), Standard Test Methods:

1. Calif. Test 202 – Method of Test for Sieve Analysis of Fine and Course Aggregates

2. Calif. Test 304 – Method of Preparation of HMA for Test Specimens

3. Calif. Test 366 – Method of Test for Stabilometer Value

4. Calif. Test 375 – Determining the In-Place Density and Relative Compaction of Hot Mix Asphalt Pavement Using Nuclear Gages

1.3 PROTECTION
A. Protect concrete pavements and walks, curbs and bases, and other improvements adjacent to the operations with suitable materials. The Contractor shall be responsible for any damage caused by the Contractor’s employees or equipment and shall make necessary repairs. Building and other surfaces shall be covered with paper or other protection, where required. All damage caused by the Contractor’s operations shall be prepared or replaced as required.

1.4 PERFORMANCE OF WORK
A. The Contractor shall only pave on Thursdays and Fridays, the days with the least amount of truck traffic.

PART 2 - PRODUCTS

2.1 BASE COURSE MATERIAL
A. Class 2 aggregate base as specified in Section 32 11 16 – Aggregate Base 283
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2.2 ASPHALT PAVING MATERIALS
A. Paving Asphalt shall be all purpose, aged residue, steam refined, PG-64-10 grade, in accordance with Section 92 of the Caltrans Standard Specifications.

B. Aggregate shall be Type A, with the grading of the combined aggregate conforming to 1/2-inch maximum size, medium grading, as specified in Section 39 of the Caltrans Standard Specifications.

C. Mixing Facilities: Asphalt concrete surfacing material shall be furnished from an approved commercial asphalt central mixing plant.

2.3 SOURCE QUALITY CONTROL
A. Contractor shall submit Certificate of Compliance from manufacturer for approval prior to installation.

PART 3 - EXECUTION

3.1 APPLICATION
A. Asphalt concrete shall be placed in two lifts.

B. Areas to be paved shall be covered with a layer of hot asphalt concrete surfacing not less than the thickness indicated after compaction. Where not indicated, compacted thickness shall be two inches for parking stalls and three inches for roads, driveways, and aisles of parking areas.

C. Paving asphaltic concrete shall be delivered, laid, rolled, and finished in accordance with Section 39 of the Caltrans Standard Specifications.

D. Before placing asphalt concrete, a tack coat (paint binder) shall be applied to all surfaces against which asphalt concrete surfacing will be placed. Tack coat (paint binder) shall be applied in accordance with Section 39 of the Caltrans Standard Specifications at the rate of from 0.02 to 0.10 gallons per square yard.

E. Finish surface of the wearing course shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, cold joints, or other irregularities.

F. Finish paving shall conform to slopes, lines, and finish grades indicated, and shall drain properly. Where adjacent surfaces are intended to be flush (as at concrete gutters, walks, and paving) they shall conform smoothly at all joints.
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G. Ridges, indentations, and other objectionable marks left in the surface of the asphalt concrete by paving or rolling equipment shall be eliminated by rolling. The use of equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued, and other acceptable equipment shall be employed.

H. Where cold joints are indicated or necessary, cut back the placed and compacted cold asphalt a minimum of three inches with a concrete or masonry power saw, so that a vertical face of compacted full thickness material is exposed. Treat this surface with a tack coat before proceeding with the placement of new asphaltic concrete surfacing.

I. Finish paving shall conform to finish elevations within plus or minus 0.01 of a foot and shall be level to within plus or minus 1/4 inch in 10 feet when measured with a 10-foot straightedge in any direction.

J. Contractor shall provide a tack coat between AC lifts if final lift is installed more than two weeks after initial lift.

K. Contractor shall match existing striping.

3.2 FIELD QUALITY CONTROL
A. The Contractor shall control the quality of the work and shall provide adequate testing to assure compliance with these Specifications.

B. After completion of paving work, all paving shall be flooded with water, and any resulting “ponds” shall be ringed with chalk. Such hollows shall be corrected with addition of asphalt paving materials and rerolling until all paving is completely level and free from hollows and high spots.

C. The contractor shall perform an in-place density and compaction tests of the completed pavement in accordance with California Test 375 to determine compliance with specified requirements.

3.3 MAINTENANCE OF PAVEMENT
A. Upon completion of final rolling, traffic shall not be permitted on the finished pavement for at least six hours, and until the asphalt concrete has cooled sufficiently to withstand traffic without being deformed.

B. Finished pavement shall be maintained in finished clean condition until the work is accepted by the City of Cupertino.

3.4 DIG OUT REPAIRS
A. The City will direct the Contractor for Dig Out pavement repairs on the Service Center property. AC thickness shall be full depth to AC and soil removed.

END OF SECTION 32 12 16
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Service Center Security Gate Project 32 31 00 Security Fencing and Gates 2023-103 Page 132
32 31 00 SECURITY FENCING AND GATES
PART 1 – GENERAL
Gate shall be provided by A&D Automatic Gate and Access, 810 Warrington Avenue, Redwood City, 94062, no approved equal. Phone: (650) 365-8828.

Contractor shall furnish and install a fully functioning security gate with power to an existing panel on the City’s Service Building and with communication into communication room of the Service Building, as shown on the drawings.

Contractor will coordinate their scope of work with A&D’s scope of work and product to deliver a fulling functioning, turnkey gate to the City.

A&D and Contractor shall provide 2 hours of training to the City for operation of the gate.

PART 2 - PRODUCTS

2.1 PRODUCTS
Gate operator, long range reader/photo beam, fencing, call box, photo eye, and loops shall be recommended and supplied by A&D. Communication to call box shall be by internet cable back to the City’s communication room. Call box shall have light to illuminate the call box area.

Anticipated equipment includes:
a. Cell-gate W450 Watchman EVO with Live Streaming Video, plug and play internet option, with light.
b. IRB-RED Universal UL325-2016 Retroreflective Photoeye. c. ME 120 and MT20 Sensing Edge
d. Megatron 2200 PRO Motor
e. M62 Seri Magnalock
f. TagMaster XT-Series UHF reader vehicle access control.

Foundation for gates shall be coordinated with A&D.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Examine areas and conditions, with A&D and City present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance.

3.2 SITE COORDINATION AND INSTALLATION
A. Coordinate fence post layout and depth of footing with A&D. Contractor shall work with A&D for installation of posts and footings.

B. Coordinate conduit and pull box locations with A&D. Contractor shall place pull boxes to best 286
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serve the new gate and gate features.

C. Contractor shall pull all wiring and coordinate with the City for connection points for power and communications in order to deliver a functioning security gate with communication to the service building.

END OF SECTION 32 31 00
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Service Center Security Gate Project 33 05 23 Horizontal Directional Drilling 2023-103 Page 134
33 05 23 HORIZONTAL DIRECTIONAL DRILLING
PART 1 - GENERAL
The work consists of furnishing all labor, materials, equipment and supervision to perform all work necessary for the Horizontal Direction Drill installation of new electrical and communication conduit.

PART 2 – PRODUCTS

2.1 DRILLING RIG
PART 1 – Drilling Machine: The directional drilling machine shall consist of a hydraulically powered system to rotate and push hollow drilling pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guidable drill (bore) head. The machine shall be anchored to the ground to withstand the pulling, pushing and rotating pressure required to complete the installation. The hydraulic power system shall be self-contained with sufficient pressure and volume to power drilling operations. Hydraulic system shall be free of leaks. Rig shall have a system to monitor and record maximum pull-back pressure during pull-back operations. There shall be a system to detect electrical current from the drill string and an audible alarm, which automatically sounds when an electrical current is detected.
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C. Drill Head: The drill head shall be steerable by changing its rotation and shall provide necessary cutting surfaces and drilling fluid jets.

D. Mud Motors (if required): Mud motors shall be of adequate power to turn the required drilling tools.

E. Drill Pipe: Shall be constructed of high quality 4130 seamless tubing, grade D or better, with threaded box and pins. Tool joints should be hardened to 32-36 RC.

F. Guidance System: An electronic walkover tracking system or a Magnetic Guidance System (MGS) probe or proven gyroscopic probe and interface shall be used when there is accessible access to provide a continuous and accurate determination of the location of the drill head during the drilling operation. The guidance shall be capable of tracking at all depths up to fifty feet and in any soil condition, including hard rock. It shall enable the driller to guide the drill head by providing immediate information on the tool face, azimuth (horizontal direction), and inclination (vertical direction). The guidance system shall be accurate and calibrated to manufacturer’s specifications of the vertical depth of the borehole at sensing position at depths up to fifty feet and accurate to 2-feet horizontally.

The Contractor shall supply all components and materials to install, operate, and maintain the guidance system. The guidance system shall be of a proven type and shall be set up and operated by personnel trained and experienced with the system. The operator shall be aware of any geo-magnetic anomalies and shall consider such influences in the operation of the guidance system.

G. Mixing System: A self-contained, closed, drilling fluid mixing system shall be of sufficient size to mix and deliver drilling fluid composed of bentonite clay, potable water, and appropriate additives. Mixing system shall be able to molecularly shear individual bentonite particles from the dry powder to avoid clumping and ensure thorough mixing. The drilling fluid reservoir tank shall be minimum of 1,000 gallons. Mixing system shall continually agitate the drilling fluid during drilling operations.

H. Drilling Fluids: Drilling fluid shall be composed of clean water and bentonite clay. Water shall be from an authorized source with a pH of 8.5 – 10. Water of a lower pH or with excessive calcium shall be treated with the appropriate amount of sodium carbonate or equal. No additional material may be used in drilling fluid without prior approval from City.

The bentonite mixture used shall have the minimum viscosities as measured by a Marsh funnel:

Rocky Clay - 60 seconds
Hard Clay - 40 seconds
Soft Clay - 45 seconds
Sandy Clay - 90 seconds
Stable Sand - 80 seconds
Loose Sand - 110 seconds
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Wet Sand - 110 seconds
These viscosities may be varied to best fit the soil conditions encountered, or as determined by the operator.

I. Delivery System: The mud pumping system shall have a minimum capacity of 35-500 GPM and the capability of delivering the drilling fluid at a constant minimum pressure of 1200 psi.

The delivery system shall have filters in-line to prevent solids from being pumped into drill pipe. Used drilling fluid and drilling fluid spilled during operations shall be contained and conveyed to the drilling fluid recycling system or shall be removed by vacuum trucks or other methods acceptable to City. A berm, minimum of 12-inches high, shall be maintained around drill rigs drilling fluid mixing system, entry and exit pits and drilling fluid recycling system to prevent spills into the surrounding environment. Pumps and or vacuum truck(s) of sufficient size shall be in place to convey drilling fluid from containment areas to storage and recycling facilities for disposal.

J. Restrictions: Other devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the City prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system shall maintain line and grade within the tolerances prescribed by the particular conditions of the project.

PART 3 - EXECUTION

3.1 EXAMINATION
a. Examine areas and conditions, with City present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance.

3.2 GENERAL
A. The directional drilling equipment shall consist of a directional drilling rig of sufficient capacity to perform the bore and pull back the pipe, a drilling fluid mixing, delivery and recovery system of sufficient capacity to successfully complete the installation, a drilling fluid recycling system to remove solids from the drilling fluid so that the fluid can be reused (if required), a magnetic guidance system or walk-over system to accurately guide boring operations, a vacuum truck of sufficient capacity to handle the drilling fluid volume, and trained and competent personnel to operate the system. All equipment shall be in good, safe condition with sufficient supplies, materials and spare parts on hand to maintain the system in good working order for the duration of this project.

B. INSTALLATION TOLERANCES
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i. Pilot Hole - the pilot hole shall follow the general path of the bore shown on the drawings. Horizontal deviations shall be less than six (6) inches from the design centerline. Vertical deviations shall be less than plus or minus two inches from the pipeline invert elevation required for proper clearance between all existing utilities. The Contractor shall continuously monitor horizontal and vertical position and record the position at least once per drill stem length, or at 10 foot or 30-minute intervals, whichever is most frequent.
ii. Insertion Pits- Insertion pits shall have vertical walls. Trenching machines may be used except where their use may result in damage in existing facilities. Unless otherwise specified or indicated, the Contractor may use any method of excavation, which will not damage nearby utilities or endanger adjacent structures or property or disturb the natural or fill soils at, below and adjacent to the excavation..

Backfill and Restoration of insertion pit upon completion of pullback operation and pipe testing shall be done to match existing conditions. Trench shall be backfilled per Construction Drawings.

C. DAILY LOGS AND RECORDS

1. Daily logs and records shall be maintained by the Contractor, documenting drilling lengths, location of drill head, drilling fluids pressures and flow rates, down-hole annular pressures, drilling fluid losses, inadvertent returns, drilling times required for each pipe joint, any instances of retraction and re-drilling of the pilot bore or segments thereof, and any other relevant observations. The drilling fluid pressures shall be measured at the entry point and at the injection nozzle. These records shall be maintained and updated daily throughout the course of the project, or more frequently as directed by the City The position of the drill head shall be continuously tracked. Daily logs shall be submitted complete and legible as directed by the City, within one (1) working day of the date to which the records correspond.

D. EXECUTION

1. The Contractor shall provide at least 72 hours advance written notice to the City of the planned inception of drilling activities, including pilot hole launch, pre-reaming, reaming, and pipe pullback. The Contractor shall immediately notify the City, in writing, when any significant problems. All work by the Contractor shall be performed in the presence of the City, unless City grants prior written approval to perform such work in The City’s absence.

2. The Contractor shall provide all material, equipment, and facilities required for directional drilling. Proper alignment and elevation of the bore hole shall be consistently maintained throughout the directional drilling operation.

3. The entire drill path shall be accurately surveyed with entry and exit stakes placed in the 291
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appropriate locations within the areas indicated on drawings. If Contractor is using a Magnetic Guidance System (MGS), drill path will be surveyed for any surface geomagnetic variations or anomalies.

4. Readings shall be recorded after advancement of each successive drill pipe (no more than 10’ ) and the readings plotted on a scaled drawing of 1” = 2’, both vertical and horizontal.

Access to all recorded readings and plan and profile information shall be made available to the City, or his representative, at all times. At no time shall the deflection radius of the drill pipe exceed the deflection limits of the carrier pipe as specified herein.

5. A complete list of all drilling fluid additives and mixtures to be used in the directional operation will be submitted to the City, along with their respective Material Safety Data Sheets. All drilling fluids and lose cuttings shall be contained in pits or holding tanks for recycling or disposal, no fluids shall be allowed to enter any unapproved areas or natural waterways. Upon completion of the directional drill project, the drilling mud and cuttings, and all other fluids shall be disposed of by the Contractor at an approved dumpsite. All associated costs with disposing shall be included in the cost of pipe installation and shall not be considered additional cost to the City.

6. The pilot hole shall be drilled on bore path with no deviations greater than the acceptable tolerances. In the event of deviation exceeding the specified tolerance from the bore path, the contractor will notify the City immediately and the City may require the Contractor to pull-back and re-drill from the location along bore path before the deviation. In the event that a drilling fluid fracture, inadvertent returns or returns loss occurs during pilot hole drilling operations, Contractor shall cease drilling, and wait at least 30 minutes, inject a quantity of drilling fluid with a viscosity exceeding 120 seconds as measured by a March funnel and wait another 30 minutes. If mud fracture or returns loss continues, Contractor will discuss additional options with the City and work will then proceed accordingly.

7. Upon completion of the pilot hole phase of the operation, a complete set of “as-built” records shall be submitted in duplicate to the City. These records shall include copies of the plan and profile drawing, as well as directional survey reports as recorded during the drilling operation.

8. Upon approval of the pilot hole location, the hole opening or enlarging phase of the installation shall begin. The bore hole diameter shall be increased to accommodate the pullback operation of the required size to install the three pipes. The type of hole opener or back reamer to be utilized in this phase shall be determined by the types of subsurface soil conditions that have been encountered during the pilot hole drilling operation. The reamer type shall be at the Contractor’s discretion with the final hole opening being a maximum of 1.5 times larger than the outside diameter of the pipes combined.

9. The open bore hole may be stabilized by means of bentonite drilling slurry pumped through the inside diameter of the drill rod and through openings in the reamer. The drilling slurry must be in a homogenous / flowable state serving as an agent to carry the loose cuttings to the surface through the annulus of the borehole. The volume of 292
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bentonite mud required for each pullback shall be calculated based on soil conditions, largest diameter of the pipe couplings, capacity of the bentonite mud pump, and the speed of pullback as recommended by the bentonite drilling fluid manufacture. The bentonite slurry is to be contained at the exit or entry side of the directional bore in pits or holding tanks. The slurry may be recycled at this time for reuse in the hole opening operation or shall be hauled by the Contractor to an approved dumpsite for proper disposal.

10. The Contractor shall utilize a “weak link” or breakaway device at the leading end of the pipe to protect the pipe from excessive pulling loads. The weak link device shall be installed between the drilling head and the regular pipe. Connection details and calculations used to determine the weak link material and size shall be subject to the approval of the City.

E. CLEANING

1. All conduits shall be cleaned using a high-pressure hydroflusher.

END OF SECTION 33 05 23
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SHEET OF REVISIONS

IMPROVEMENT PLANS FOR

SERVICE CENTER SECURITY GATE PROJECT
File: CUPERTINO CALIFORNIA
Scale:

Proj. Engr:

Checked:

Drawn:

Designed:

Date: 2.24.2023
RJL
LFH
RJL
RJL
CITY APPR.

DATE APPR. DATE
DESIGN
BY
DESIGN
CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.

EST.1955

CUPERTINO

CITY OF

CIVIL ENGINEERS SURVEYORS CONSTRUCTION MANAGERS
(415) 534-7070 www.freyerlaureta.com

AS SHOWN
328002
150 Executive Park Blvd
San Francisco, CA 94134
4 COVER SHEET SHEET C1
EST.1955

SERVICE CENTER SECURITY GATE

PROJECT
10555 MARY AVENUE

CUPERTINO, CALIFORNIA

INDEX OF DRAWINGS

ABBREVIATIONS
LEGEND
S
1 SITE MAP

VICINITY MAP
” ”

CITY OF CUPERTINO GENERAL NOTES
2/27/2023
Attachment D
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2023-103

ALDO CORRAL
(408)777-3269
2/24/2023
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SAMPLE
AD- 1 CUPERTINO SERVICE CENTER ADDRESS CITY, CA INWARD SWING GATE PLAN VIEW A&D Automatic Gate And Access 810 WARRINGTON AVE. REDWOOD CITY, CA 94063 (650) 365-8828

REVISIONS
DATE: 11/15/2021
DRAWN BY: J. BLANDINO
SCALE: 3/8" = 1' - 0"
JOB NO:

SHEET
Copyright © 2020 A&D Automatic Gate and Access.

Reproduction and distribution of these plans without
written permission is prohibited.

DESIGN 11/15/2021
REV. .01 00/00/2021
12XXX 1

INWARD SWING GATE
3/8" = 1' - 0"
KEY NOTES:

1. ALL CONDUIT & POWER WIRE TO
BE FURNISHED AND INSTALLED BY OTHERS.

2. CONDUIT SHOWN FOR REFERENCE ONLY,
ACTUAL LAYOUT BY OTHERS.

3. FINAL HOOK UP BY A&D

4. ACTUAL OPENING SIZE TO BE DETERMINED BY
FIELD VISIT AND MEASUREMENTS.

5. FINISH: TO BE DETERMINED

CONDUIT/LOOP LEGEND

HIGH VOLTAGE POWER

LOW VOLTAGE POWER

LOOPS & LEADS
GRID
CELLGATE 450 ON GOOSENECK
@ 18' BEFORE GATE LINE / FIRE KEY SWITCH

GATE LOOP SYSTEM

GATE OPERATOR

TYPICAL
6" x 6" POST / TAGMASTER LONG

RANGE READER/ PHOTO BEAM
PHOTO EYE 5' FENCING
9' FENCING
1"" HIGH VOLTAGE CONDUIT
1" LOW VOLTAGE CONDUIT

OUTSIDE OBSTRUCTION LOOP

INSIDE OBSTRUCTION LOOP
4'-0" X 22'-0"

FREE EXIT LOOP
4'-0" X 22'-0"
4'-0" X 22'-0"

SHADOW LOOP
4'-0" X 22'-0"

SEE ELECTRICAL PLAN FOR

CONDUIT AND PULL BOX

LOCATIONS
(NOTE: PULL BOXES NOT

SHOWN ON THIS DRAWING)
WITH LIGHT. COMMUNICATION VIA CAT-5
CABLE FROM MAINTENANCE BUILDING.
1" POWER FOR LIGHTING
1" SPARE (FUTURE ELEC)

SEE ELECTRICAL

PLAN FOR

CONDUIT AND

PULL BOX

LOCATIONS
(NOTE: PULL

BOXES NOT

SHOWN ON THIS

DRAWING)
1" HIGH VOLTAGE CONDUIT
1" COMMUNICATION CONDUIT
1" SPARE (FUTURE ELEC)
1" POWER FOR LIGHTING
1" COMMUNICATION CONDUIT

SEE ELECTRICAL PLAN FOR

CONDUIT AND PULL BOX

LOCATIONS
(NOTE: PULL BOXES NOT

SHOWN ON THIS DRAWING)
1" COMMUNICATION
5' FENCING
(FIELD CONFIRM)
9' FENCING
(FIELD CONFIRM)

LOW VOLTAGE (COMM)
1/17/2023
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SAMPLE
AD.E- 1 CUPERTINO SERVICE CENTER ADDRESS CITY, CA INWARD SWING GATE O.S.L.I. A&D Automatic Gate And Access 810 WARRINGTON AVE. REDWOOD CITY, CA 94063 (650) 365-8828

REVISIONS
DATE: 11/15/2021
DRAWN BY: J. BLANDINO
SCALE: NOT TO SCALE
JOB NO:

SHEET
Copyright © 2020 A&D Automatic Gate and Access.

Reproduction and distribution of these plans without
written permission is prohibited.

DESIGN 11/15/2021
REV. .01 00/00/2021
12XXX
KEY NOTES:

1. ALL CONDUIT & POWER WIRE TO
BE FURNISHED AND INSTALLED BY OTHERS.

2. CONDUIT SHOWN FOR REFERENCE ONLY,
ACTUAL LAYOUT BY OTHERS.

3. FINAL HOOK UP BY A&D

4. ACTUAL OPENING SIZE TO BE DETERMINED BY
FIELD VISIT AND MEASUREMENTS.

5. FINISH: TO BE DETERMINED

CONDUIT/LOOP LEGEND

HIGH VOLTAGE POWER

LOW VOLTAGE POWER

LOOPS & LEADS
GRID
1 INWARD SWING GATE
N.T.S.
5' 14' 14' 9'
± 42'-6"
2"
7'

LOW VOLTAGE (COMM)
1/17/2023

FENCING(FIELD

CONFIRM)

FENCING(FIELD

CONFIRM)
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Page 1 of 1 ends

ADDENDUM NO. 1
Service Center Security Gate Project
Project No. 2023-103
Bid Opening: March 23, 2023 at 2:00pm
Issue Date: March 14, 2023
The following clarifications and revisions are hereby made to the above referenced project.

1. Project Manual: Contract Section

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,000 $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

2. Delete Specification Section 32 31 00 Security Fencing and Gates and replace with attached Specification Section 32 31 00.

Attachment E
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Service Center Security Gate Project
2023-103
32 31 00 Security Fencing and Gates

Page 133 ends

32 31 00 SECURITY FENCING AND GATES
PART 1 – GENERAL
Gate shall be provided by A&D Automatic Gate and Access, 810 Warrington Avenue, Redwood City, 94062, no approved equal. Phone: (650) 365-8828.

Contractor will coordinate their scope of work with A&D’s scope of work and product to deliver a fulling functioning, turnkey gate to the City.

A&D and Contractor shall provide 2 hours of training to the City for operation of the gate.

PART 2 - PRODUCTS

Foundation for gates shall be coordinated with A&D.

2.2 VEHICLE GATES
Contractor shall furnish and install two 7’x 14’ steel gates. Gates will have a 3”x2” Hollow Steel Tube base frame with the remaining perimeter of 2”x2" hst.

Pickets will be set at 4” on center and will be ¾ x ¾ hst. Gates will hinge upon two 6”x 6”x .250 hst posts that we will excavate into the roadway and grout in place. Gates will be manufactured to meet ASTM F2200 standards and will be installed to meet UL325 Code requirements. Gates will be made to swing in toward the property in unison when activated. Gates will be finished with two coats of primer and a finish coat of low luster black spray fish that can be easily matched in the field.
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City of Cupertino
Service Center Security Gate Project
2023-103
32 31 00 Security Fencing and Gates

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2.3 VEHICLE GATE OPERATORS
Contractor shall furnish and install two new MAX 2200 Pro series swing gate operators. Gate operators will be mounted upon two 30”x30”x30” concrete pads. Operators shall be installed to manufacturer’s specifications and shall meet UL325 code. Operators shall be equipped with inherent reversing technology and battery backup.

2.4 SENSORS AND PHOTO EYE
Contractor shall furnish and install a reversing sensor on the leading edge of each of the two swing gates. Reversing edge sensors shall reverse the motion of the moving gate if the sensor contacts an object while the gate is in motion.

Contractor shall furnish and install a photo eye across the gate opening. Photo eye shall reverse the motion of the closing gates if an object breaks the beam while the gate is closing. Contractor shall furnish and install obstruction loops on each side of the gate line to sense if vehicles are in the path of the closing gate. Obstruction loops will act as a hold open device if a vehicle is detected in the gate path. A shadow loop shall be installed on interior of the opening to protect the area where the gate swing would otherwise trigger a safety default.

Gate shall be fitted with a new Securitron magnetic lock.

2.5 ACCESS
Contractor shall furnish and install an EV 450 Cell Gate, Cellular Telephone Entry System that is placed upon a gooseneck post on the exterior of the enclosure.

The EV 450 shall be equipped with online programming, a camera, live streaming video, a buffer that will store visitor information. The EV 450 shall tie into a Tagmaster Long Range reader that shall be installed near the gate opening. EV 450 shall act as a programming device for the Tagmaster system that can be programmed via any PC.

Contractor shall provide one hundred and fifty (150) heavy duty, passive transponders and twenty-five (25) passive, portable, “hang tags”. The gate shall be opened when any exiting vehicle crosses the free exit loop that is installed in a strategic area.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Examine areas and conditions, with A&D and City present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance.

3.2 SITE COORDINATION AND INSTALLATION
A. Coordinate fence post layout and depth of footing with A&D. Contractor shall work with A&D for installation of posts and footings. 302
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City of Cupertino
Service Center Security Gate Project
2023-103
32 31 00 Security Fencing and Gates

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B. Coordinate conduit and pull box locations with A&D. Contractor shall place pull boxes to best serve the new gate and gate features.

END OF SECTION 32 31 00
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CITY OF CUPERTINO
Agenda Item
23-12164 Agenda Date: 5/2/2023
Agenda #: 10.

Subject: Consider award of a construction contract for the 2023 Concrete Reconstruction Project (Project No. 2023-104) for the reconstruction of curbs, gutters, sidewalks and Americans with Disabilities Act (ADA) ramps at various locations throughout the City of Cupertino.

1. Award a construction contract for the 2023 Concrete Reconstruction Project and authorize the City Manager to execute a contract amount of $1,378,793.40 with R&S Construction Management, Inc.; and

2. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $137,879 (10%) for a total authorized contract amount of $1,516,672.40.

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CITY COUNCIL STAFF REPORT
Meeting: May 2, 2023
Subject
Consider award of a construction contract for the 2023 Concrete Reconstruction Project (Project No. 2023-104) for the reconstruction of curbs, gutters, sidewalks and Americans with Disabilities Act (ADA) ramps at various locations throughout the City of Cupertino.

Recommended Action

1. Award a construction contract for the 2023 Concrete Reconstruction Project and authorize the City Manager to execute a contract in the amount of $1,378,793.40 with R&S Construction Management, Inc.; and

2. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $137,879.00 (10%) for a total authorized contract amount of $1,516,672.40.

Reasons for Recommendation
The Concrete Reconstruction Project is an annual project that provides for the removal and replacement of uplifted City owned sidewalks, curbs and gutters which can lead to pedestrian trip hazards or impede the flow of storm water. The project also provides for installation and/or replacement of pedestrian curb ramps to meet ADA requirements.

On March 21, the City of Cupertino received six bids for the 2023 Concrete Reconstruction Project. Below is a table that lists the bidders and their bid amounts in comparison with the engineer’s estimate.

Bidder Total Bid Amount
R&S Construction Management, Inc. $1,378,793.40
JJR Construction $1,635,625.50
Spencon Construction $1,729,895.00
Karex Engineering $2,237,987.50
FBD Vanguard Construction, Inc. $2,537,473.00
Ghilotti Bros, Inc $3,018,705.00
Engineer’s Estimate $1,350,000.00
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After a thorough review of all bid proposals, R&S Construction Management, Inc. was determined to be the lowest responsive and responsible bidder. Staff recommends awarding the contract to the lowest responsible bidder, R&S Construction Management, Inc., with a maximum contract amount of $1,516,672.40. The authorized contract amount requested for the project construction includes a 10% contingency to be used for any unforeseen conditions that may arise throughout the construction process.

Sustainability Impact
Maintaining City sidewalks makes the pedestrian experience safer and more appealing.

This can lead to reduced vehicle emissions and helps the City achieve their air quality and greenhouse gas emission reduction goals.

Fiscal Impact
Award of this project will result in a fiscal impact up to $1,516,672.40. Sufficient funds of $1,636,087.90 are budgeted in 270-85-820 750 020 (Special Projects -Annual Sidewalk Curb and Gutter). No additional appropriations are needed.

California Environmental Quality Act (CEQA)
This project is exempt from the CEQA under 14 C.C.R. Section 15301(c) (repair and maintenance of existing facilities).
_____________________________________
Prepared by: Jo Anne Johnson, Public Works Project
Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Contract
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ATTACHMENT A – DRAFT CONTRACT
2023 Concrete Reconstruction Project 2021 Form CONTRACT 2023-104 Page 1
Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and R&S Construction Management, Inc. (“Contractor”), for work on the 2023 Concrete Reconstruction Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On March 21, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: Traffic Control Specifications, City Standard Details, Caltrans Standard Details, Truck Traffic Restriction Map

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. Contractor agrees to carry out its work in compliance with any applicable local, State or Federal order regarding COVID-19.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,378,793.40 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 145 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). All curb and gutter and curb ramp improvements on streets to be paved in 2023 must be complete by June 20, 2023. By signing below, Contractor expressly waives any claim for delayed early completion. 307
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ATTACHMENT A – DRAFT CONTRACT
2023 Concrete Reconstruction Project 2021 Form CONTRACT 2023-104 Page 2

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Department of Public Works
10300 Torre Ave
Cupertino, CA 95014
Attn: Jo Anne Johnson
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ATTACHMENT A – DRAFT CONTRACT
2023 Concrete Reconstruction Project 2021 Form CONTRACT 2023-104 Page 3
[email protected]
Copy to: PWInvoices
[email protected]
Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. 309
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ATTACHMENT A – DRAFT CONTRACT
2023 Concrete Reconstruction Project 2021 Form CONTRACT 2023-104 Page 4
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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CITY OF CUPERTINO
Agenda Item
23-12115 Agenda Date: 5/2/2023
Agenda #: 11.

Subject: Consider approval of a Semi-Rural Designation, eliminating the requirement for sidewalks on the east side of Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, pursuant to Ordinance No. 1925.

Adopt Resolution No. 23-052 designating the east side of Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, as semi-rural.

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CITY COUNCIL STAFF REPORT
Meeting: May 2, 2023
Subject
Consider approval of a Semi-Rural Designation, eliminating the requirement for sidewalks on the east side of Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, pursuant to Ordinance No. 1925.

Recommended Action
Adopt Resolution No. 23-XXX designating the east side of Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, as semi-rural.

Reasons for Recommendation
Background
On October 20, 2003, the City Council enacted Ordinance No. 1925, which amended Chapter 14.04.040 of the Cupertino Municipal Code by establishing criteria to be used for designating certain streets or neighborhoods as rural or semi-rural in nature. Such a designation allows modified street improvement standards for local streets that are not covered under the Hillside Development Provisions of the Code.

The 2003 Ordinance was in response to residential property owners who voiced objections to the City of Cupertino Municipal Code requirement that City standard street improvements be installed along their property frontages as a condition of their residential building permits. In general, the objecting property owners felt their neighborhoods were of a rural or semi-rural character, which would be compromised with the installation of street improvements.

When a property owner in the City builds a new home or increases the square footage of an existing residence by 25 percent or more, the City requires the property owner to install street improvements along the property frontage at his or her expense to bring the property into compliance with the Cupertino Standard Details, which may include construction of new curb, gutter, sidewalk and/or streetlights.

Per Ordinance No. 1925, the following are the findings for a semi-rural street designation:
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1. Conventional improvements are not appropriate due to the character of development in the area, and surrounding developed properties lack such improvements.

2. If sidewalk is not to be provided, the street is not on a recognized route to school.

3. If sidewalk is not to be provided, traffic conditions on the street are such that pedestrians may travel safely along the street without a separate pedestrian pathway.

4. There are no significant accessibility issues that will arise from lack of sidewalk or the use of alternative sidewalk.

5. Waiver of streetlights or alternate streetlights would not contribute to an unsafe condition for traffic, pedestrian travel, or the security of the surrounding neighborhood. There are no maintenance or replacement issues with any alternate proposed.

6. Adequate drainage along the street and in the surrounding area exists, or can be achieved, with alternate curb and gutter or a dike.

7. At least two-thirds of the property owners along the affected street have signed a petition to the City requesting a semi-rural designation for their street.

Proposal
The proposed semi-rural designation request applies to the 11 properties on the east side of Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard. Quinterno Court intersects this eastern segment; however, because it is a private dead-end street, these properties are not required to install sidewalks and were not included in the proposed semi-rural designation area. Please refer to Attachment A.

This proposal was previously presented to City Council on April 20, 2021, for approval.

Council did not accept the proposal at that time and requested additional information regarding the item. The original applicant has requested the same proposal return to Council. The additional information requested by Council on April 20, 2021, as well as the findings per Ordinance No. 1925, are discussed in the following sections.

Additional Information Requested by Council
City Council requested the following information at the April 20, 2021 meeting:

1. Petition property owners on both sides of Carmen Road along this section of road.  The City sent an updated petition to the neighborhood, which included the 11 properties on the east side of Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard (the proposed semi-rural designation area), as well as the six properties on the west side of Carmen Road, between Janice Avenue and Stevens Creek Boulevard – a total of 17 properties. The properties on the west side of Carmen Road between Janice Avenue and Stevens Creek Boulevard are not included in the proposed semi-rural designation area. These properties either 313
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already have sidewalk installed or would be required to install sidewalk at the time of development. Please refer to Attachment A.

The applicant was provided a petition form and Attachment A to circulate for signatures among the 17 property owners. Additionally, letters were prepared and mailed by City staff to these property owners informing them of the proposed semi-rural designation request and providing them with an enclosed voting form if they preferred to cast their vote by mail instead of signing the circulated petition.

If a property owner signed the petition and mailed a voting form, this was counted as one vote. See Item #7 under Findings Per Ordinance No. 1925 for the voting results.

2. Confirm whether the City has the necessary right of way to allow the City to construct sidewalk in the future.
 Typically for residential streets, the City requires a 30’ width from roadway centerline to property line on each side. This allows for a 60’ right-of-way, consisting of a standard 40’ curb-to-curb width with a 5’ sidewalk and 5’ parkstrip on each side.

The east side of Carmen Road between Scenic Boulevard and Stevens Creek Boulevard has an existing roadway centerline width of 20’-25’; therefore, the City does not have the necessary right of way to construct a sidewalk in the future as additional property dedication would be required to allow for the construction of City standard street improvements, including sidewalk. The semi-rural designation does not waive the requirement for property dedications. The City would still require property dedications with future proposed development, where appropriate.

3. Confirm whether there is adequate drainage along Carmen Road, as specified in the Code.
 Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, generally drains north to south. Storm drain facilities, such as catch basins and drop inlets, exist along this roadway segment, and are properly located at the street’s low points to effectively collect stormwater runoff and to provide adequate drainage.

These storm drain facilities are connected to the City’s storm drain system.

The existing curb and gutter along improved frontages help to convey stormwater runoff from the street to these existing storm drain facilities. Additional curb and gutter installed with future proposed developments will continue to improve stormwater runoff conveyance along Carmen Road. The semi-rural designation would only waive the requirement to install sidewalk and would not waive the requirement for installation of curb and gutter along the property frontage. 314
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4. Confirm whether there are concerns regarding Americans with Disabilities Act (ADA) compliance.
 There are no significant concerns regarding ADA compliance. With no sidewalks along the proposed semi-rural designation area, pedestrians may choose to travel along existing surrounding sidewalks, where available, or within the roadway.

The sidewalks that exist in this area, such as along the north side of Janice Avenue and portions of the west side of Carmen Road between Janice Avenue and Bellevue Avenue, are constructed per City Standard Details to comply with ADA cross-slope requirements. Additionally, curb ramps with detectable warning surfaces have either been installed or would be installed at street corners with future developments to comply with ADA requirements.

Due to the existing terrain of the area, segments of Carmen Road exceed ADA longitudinal-slope requirements for the sidewalk and roadway. However, Section R202.3.1 of the U.S Access Board’s Public Rights-of-Way Accessibility Guidelines only requires ADA compliance to the extent practicable taking into consideration existing physical constraints, such as underlying terrain. Furthermore, Section

35.150 of the ADA (Code of Regulations Title 28, Chapter I, Part 35) does not require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities. This application is similarly seen in other jurisdictions where the existing hilly terrain make it impracticable to fully comply with ADA requirements.

5. Impact from a Potential Carmen Road Bridge Project
 Should the Carmen Road Bridge project move forward with design and construction, the City reserves the right to revoke the semi-rural designation at its sole discretion as necessary to facilitate future City projects and/or to preserve public interest, health, and safety. Additionally, sidewalks are still required along the west side of Carmen Road between Janice Avenue and Stevens Creek Boulevard and would provide pedestrian access to the bridge. Therefore, a semirural designation exempting sidewalk requirements along the east side of Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, could still move forward.

Findings Per Ordinance No. 1925

1. Conventional improvements are not appropriate due to the character of development in the area, and surrounding developed properties lack such improvements.  The proposed semi-rural area is similar in character to the surrounding neighborhood. The adjacent streets of Scenic Boulevard and Mira Vista Road have already been designated as semi-rural with no sidewalks required. Additionally, areas to the north, across Steven Creek Boulevard, have also been designated as semi-rural areas that exempt sidewalk requirements.
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2. If sidewalk is not to be provided, the street is not on a recognized route to school.  The proposed semi-rural designation is not on a recognized route to school.

Should the Carmen Road bridge be constructed, and the route is designated as a route to school, the City could rescind the semi-rural designation if it deemed the revocation appropriate.

3. If sidewalk is not to be provided, traffic conditions on the street are such that pedestrians may travel safely along the street without a separate pedestrian pathway.  The portion of Carmen Road proposed for semi-rural designation is on a residential street segment that has no outlet and generally has low traffic volumes.

Furthermore, based on the recorded accident history, there have been no pedestrian related accidents reported along this segment of Carmen Road in the past five years.

4. There are no significant accessibility issues that will arise from lack of sidewalk or the use of alternative sidewalk.
 See Item #4 under Additional Information Requested by Council.

6. Adequate drainage along the street and in the surrounding area exists, or can be achieved, with alternate curb and gutter or a dike.
 See Item #3 under Additional Information Requested by Council. Additionally, the semi-rural designation does not waive the requirement for curb and gutter.

7. At least two-thirds of the property owners along the affected street have signed a petition to the City requesting a semi-rural designation for their street.  The circulated petition and voting forms were received with 15 out of 17 property owners within the petition area signing in support of the proposed semi-rural designation area. Two property owners did not support the proposal. A subsequent letter was mailed to these property owners informing them of the petition results and the scheduled City Council meeting.

Conclusion
With the findings presented above and the petitioned property owners having shown their support for the proposed semi-rural designation, City staff recommends approval to forego the future installation of sidewalks along the east side of Carmen Road, between 316
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Scenic Boulevard and Stevens Creek Boulevard. This semi-rural designation does not waive the requirement for curb, gutter, and street light installation.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act (CEQA)
This project is exempt from the CEQA under 14 C.C.R. Section 15061(b)(3) (“common sense” exemption) and 15301 (minor alterations to existing facilities). _____________________________________
Prepared by: Jennifer Chu, Senior Civil Engineer
Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Petition Area & Proposed Semi-Rural Designation Areas B – Draft Resolution
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Attachment A
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Proposed Semi-Rural Designation
Existing Semi-Rural Designations
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RESOLUTION NO. 23-XXXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A SEMI-RURAL DESIGNATION FOR THE EAST SIDE OF

CARMEN ROAD, BETWEEN SCENIC BOULEVARD AND STEVENS CREEK

BOULEVARD
WHEREAS, the semi-rural designation waives the sidewalk installation requirement for future projects for the properties along the east side of Carmen Road between Scenic Boulevard and Stevens Creek Boulevard; and WHEREAS, property owners along the east side of Carmen Road between Scenic Boulevard and Stevens Creek Boulevard and the west side of Carmen Road between Janice Avenue and Stevens Creek Boulevard have signed a petition in support of the semi-rural designation; and
WHEREAS, Quinterno Court is a private dead-end street intersecting the east side of Carmen Road and is not required to install sidewalk; and WHEREAS, property owners along the west side of Carmen Road between Janice Avenue and Stevens Creek Boulevard either already have sidewalk installed or would be required to install sidewalk at the time of development, and are not included in this semi-rural designation; and
WHEREAS, the City reserves the right to revoke the semi-rural designation at its sole discretion as necessary to facilitate future City projects and/or to preserve public interest, health and safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the semi-rural designation for the east side of Carmen Road between Scenic Boulevard and Stevens Creek Boulevard, as recommended by the City Engineer, and make the following findings:

1. Conventional improvements are not appropriate due to the character of development in the area, and surrounding developed properties lack such improvements.

The proposed semi-rural designation area is similar in character to the surrounding neighborhood. The adjacent streets of Scenic Boulevard and Mira Vista Road have already been designated as semi-rural with no sidewalks required.

2. If sidewalk is not to be provided, the street is not on a recognized route to school. 319
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Resolution No. 23-XXX
The proposed semi-rural designation is not on a recognized route to school.

3. If sidewalk is not to be provided, traffic conditions on the street are such that pedestrians may travel safely along the street without a separate pedestrian pathway.

The portion of Carmen Road proposed for semi-rural designation is on a residential street segment that has no outlet and generally has low traffic volumes. Furthermore, based on the recorded accident history, there have been no pedestrian related accidents reported along this segment of Carmen Road in the past five years.

4. There are no significant accessibility issues that will arise from lack of sidewalk or the use of alternative sidewalk.

There are no significant concerns regarding ADA compliance. With no sidewalks along the proposed semi-rural designation area, pedestrians may choose to travel along existing surrounding sidewalks, where available, or within the roadway. The sidewalks that exist in this area, such as along the north side of Janice Ave and portions of the west side of Carmen Road between Janice Avenue and Bellevue Avenue, are constructed per City Standard Details to comply with ADA cross-slope requirements. Additionally, curb ramps with detectable warning surfaces have either been installed or would be installed at street corners with future developments to comply with ADA requirements.

Due to the existing terrain of the area, segments of Carmen Road exceed ADA longitudinalslope requirements for the sidewalk and roadway. However, Section R202.3.1 of the U.S Access Board’s Public Rights-of-Way Accessibility Guidelines only requires ADA compliance to the extent practicable taking into consideration existing physical constraints, such as underlying terrain. Furthermore, Section 35.150 of the Americans with Disabilities Act (Code of Regulations Title 28, Chapter I, Part 35) does not require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities.

The semi-rural designation does not waive the requirement for street light installation.

6. Adequate drainage along the street and in the surrounding area exists, or can be achieved, with alternate curb and gutter or a dike.

Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, generally drains north to south. Storm drain facilities, such as catch basins and drop inlets, exist along this roadway segment and are properly located at the street’s low points to effectively collect stormwater runoff and to provide adequate drainage. These storm drain facilities are connected to the City’s storm drain system.
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The existing curb and gutter along improved frontages help to convey stormwater runoff from the street to these existing storm drain facilities. Additional curb and gutter installed with future proposed developments will continue to improve stormwater runoff conveyance along Carmen Road.

7. At least two-thirds of the property owners along the affected street have signed a petition to the City requesting a semi-rural designation for their street.

The circulated petition and voting forms were received with 16 out of 17 property owners within the petition area signing in support of the proposed semi-rural designation area.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2
nd day of May, 2023, by the following vote:

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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CITY OF CUPERTINO
Agenda Item
23-12014 Agenda Date: 5/2/2023
Agenda #: 12.

Subject: Consider a Request for Proposals (RFP) for garbage and construction and demolition (C&D) debris disposition services, including solicitation of options to process garbage for recovery of organic and other recyclables.

Approve the staff recommendation regarding the forthcoming Request for Proposals for garbage and construction and demolition debris disposition services, by incorporating the solicitation of options to process garbage for recovery of organic and other recyclable materials.

Presenter: Ursula Syrova, Environmental Programs Manager CITY OF CUPERTINO Page 1 of 1 Printed on 4/25/2023
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CITY COUNCIL STAFF REPORT
Meeting: May 2, 2023
Subject
Consider a Request for Proposals (RFP) for garbage and construction and demolition (C&D) debris disposition services, including solicitation of options to process garbage for recovery of organic and other recyclables.

Recommended Action
Approve the staff recommendation regarding the forthcoming Request for Proposals for garbage and construction and demolition debris disposition services, by incorporating the solicitation of options to process garbage for recovery of organic and other recyclable materials.

Reason for Recommendation
Executive Summary
The City contracts separately for waste hauling and for waste disposal. A long-term hauling contract is in place with Recology. The disposal contract is ending its term and needs to be re-established. Neither contract directly effects the City of Cupertino's budget as rate payers (residents and businesses) pay for the associated costs. The City’s role is to set standards, establish contracts for the service, and monitor performance.

Staff is recommending increasing the focus of the disposal contract on environmental sustainability, including recycling and recovery of materials, in alignment with City policies such as the Climate Action Plan (CAP). With this focus, the RFP will be structured to include evaluation of submittals on the overall ability of the company to meet sustainability goals.

The RFP will solicit proposals for garbage disposal and C&D debris processing and disposal services, as the City’s current agreement expires in November 2023 (with an option to extend through November 2025). The City will also solicit cost proposals to incorporate garbage processing through a Material Recovery Facility (MRF).

Staff anticipates that cost of disposal will increase because market rates currently exceed the City’s existing disposal contract. Directing garbage to a MRF would add to the 323
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anticipated cost increase but would result in more useful materials being recovered for composting and recycling, and less garbage being sent to landfill. Sending garbage to a MRF would complete CAP 2.0 action item W 1.2.

The anticipated extra cost to send the City’s garbage to a processing facility would vary for different rate categories, but preliminary estimates suggest that it could result in an estimated 7%-15% ($5 - $8/month) increase in the cost of garbage service for most singlefamily ratepayers. Processing garbage from all sectors could increase the City’s overall diversion rate from around 58% to as much as 80%.

Staff will incorporate Council input into the evaluation criteria for the RFP and will return to Council following the RFP with a recommended award of contract.

Current Arrangement
Garbage, organics, and recyclable materials generated in City and placed into carts, bins, or rented debris boxes are collected by Recology South Bay under a 10-year franchise agreement that was approved by City Council in December 2020. The franchise agreement covers collection of various materials as well as processing of organics and recyclables. Garbage and C&D debris, on the other hand, is currently collected by Recology and is taken by Recology trucks to Newby Island Landfill under a 35-year agreement between Republic Services and the City. This agreement will expire on November 20, but the City has secured an option to extend the term up to November 20, 2025. The City needs to establish a new arrangement for disposition of these materials before the end of the extended agreement.

The City’s garbage (materials placed in gray carts or bins) currently undergoes no processing for recovery of materials, meaning anything placed into a gray garbage cart or bin is collected and taken directly to be deposited into the landfill. This arrangement is for garbage only. The C&D debris boxes collected by Recology are also taken to Newby Island Landfill, but if a debris box on visual inspection appears to have mostly recoverable materials, (such as metals, wood, or concrete), as determined by Newby Island staff, those materials will be diverted to Newby’s C&D processing line to be sorted for recovery.

Cupertino residents and businesses generate around 15,000 tons of material that goes to landfill per year, and that is expected to increase as the City’s working and residential population increases. The C&D debris tons can vary widely depending on the size and number of construction projects, but in the last three years the number of tons to landfill from Recology-collected debris boxes ranged from 1,000 – 3,000 tons. The diversion rate for C&D debris taken to Newby Island by Recology was around 66% in calendar year 2022.

As noted above recyclables (blue bin) and organics (green bin) collected by Recology trucks are taken to different locations and are outside the scope of the proposed RFP. For 324
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context, however, based on tonnage reports from Recology for 2022, considering all the materials collected from regular residential, multi-family, and commercial accounts (garbage, organics, recyclables), the overall diversion-from-landfill rate was approximately 58%.

Considerations for the Next Agreement(s)
Options for New Services and Agreements
To provide Council the full suite of options to consider, staff is planning to issue an RFP for the following services:
 Landfill disposal
 C&D debris processing and disposal
 Garbage processing for recovery of organics and other recyclables Proposers may submit proposals to provide one, two, or all three of the requested postcollection services.

To ensure that all options are considered, the RFP will be structured to allow both public and private entities to respond. Information regarding distances and added transport cost for the collection trucks and subsequent transfers to any additional facilities will be requested from all responders.

Depending on the desired services, materials may be managed under agreements with more than one facility.

C&D Debris Diversion
Under the City’s franchise agreement with Recology, construction projects in Cupertino have two options for handling C&D debris:
1) Rent Recology debris boxes: These are serviced by Recology, and contents are taken to Newby Island where some sorting and recovery happens. 2) Self-haul: The project’s licensed construction and demolition contractor can collect and remove debris as part of a total service offered by that contractor.

Mixed construction materials must be taken to a mixed recovery facility that has achieved third party verification consistent with facility-average recycling rates as recognized by the US Green Building Council.

Construction projects are required to provide their C&D debris disposal weight tags to City staff and calculate the diversion rate achieved by the project. Per CalGreen and City Municipal Code 16.72.040, construction projects are required to divert at least 65% of their materials.

To increase the diversion achieved by construction projects, staff recommends considering directing Recology-collected C&D debris to a high-performing facility where more of the materials will be processed for recovery. 325
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Processing vs Not Processing Garbage
The end of the current agreement presents an opportunity to decide between continuing with the same model of direct disposal to landfill or to consider the option of processing the garbage at a MRF to recover organics and other recyclables that were thrown away into a gray garbage cart or bin. Depending on the MRF and the amount of recoverable material in the gray cart or bin, between one third to two thirds by weight of the incoming garbage might be recovered, reducing the overall waste tonnage going to landfill by 5000 to 7000 tons. That could increase Cupertino’s overall diversion rate from the 58% mentioned above to 72% – 80%.1
Much of the diverted material would be organics, which generate methane in the landfill environment. CalRecycle notes that 20% of the methane generated in California comes from landfills. Because processing would result in fewer organic materials reaching the landfill, as well as recovering other marketable plastic, glass, paper, and metal, incorporating a MRF for processing would align with the City’s adopted Climate Action Plan (CAP) 2.0 and would complete action item W1.2.

How Well Does Cupertino Sort Materials Before Collection? As determined by community-wide waste characterizations done in 2018 and 2019, roughly one half (by weight) of residential and commercial garbage collected in Cupertino is food scraps and other organics. This is despite messaging, education, and site visits since 2011 to encourage residents and businesses to put food scraps and foodsoiled paper into the green bins and carts. Current California State regulations and corresponding local municipal code now require all generators of organic materials to keep them out of the landfill. However, regular visits to businesses and lid-flips in residential areas continue to find food scraps, food-soiled paper, and other organic materials in the garbage. Additionally, recoverable recyclable containers and paper make up 5% of single-family garbage, 19% of multifamily, and 21% of commercial garbage.

Processing Garbage and the Cost Impact to Ratepayers
Additional processing of solid waste to remove additional recyclables and compostables will increase the cost of service to ratepayers (residents and businesses). The cost of disposal is just one part of the overall equation in determining the garbage service rates for Cupertino’s residents and businesses. A preliminary evaluation of cost for sending garbage to a MRF could result in single-family residents with 32-gallon garbage service paying an additional $5 - $8/month or about 7% to 15% more than they would if the garbage was sent directly to landfill without processing.

1 Page 94 of Cupertino’s Climate Action Plan 2.0 references a citywide diversion rate of 73%. That is the CalRecycle-generated diversion rate number calculated annually as pounds disposed per person from all sectors of generation, including C&D debris which then has a formula applied to generate a diversion rate.

The 58% excludes C&D debris and is from the monthly tonnage reports provided by Recology which rely on facility diversion rates and calculated allocated percentages of commingled tons. 326
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In 2020, a survey of residents was conducted on topics relating to garbage, organics, and recyclables collection services. One question asked about the willingness to pay more for materials to be sorted after collection. Results showed 43.2% of people would be willing to pay more for that service, 44.3% said they would not, and 12.4% did not know or did not answer.2
RFP
The RFP currently being drafted would seek proposals from service providers that can provide one or more of the requested services: solid waste disposal, C&D processing services, and garbage processing. The City’s primary goal for the RFP process is to select a provider(s) that will deliver high quality and cost-effective service, maintain competitive costs, and support the City’s environmental, climate, and regulatory compliance goals. All proposers must provide a proposal for services in accordance with specific RFP content and submittal requirements.

The RFP document will contain the following: background on the City’s current services and objectives; an overview of the RFP; a description of the RFP’s organization; the RFP schedule; RFP conditions and submittal requirements; proposal evaluation criteria; and applicable attachments such as forms for proposers’ costs and operational information.

A draft of the future post-collection services agreement will be included to provide proposers with a clear understanding of the roles, responsibilities, rights, and obligations of the contractor and the City during their proposal preparation, and to serve as a starting point for contract negotiations with selected proposer(s).

The City anticipates that this contractor procurement process will involve soliciting and evaluating proposals, entering into negotiations with one or more proposers, executing a contract with the selected contractor(s), and commencement of services no later than the end of the current disposal agreement, as described above.

The City’s objective in evaluating proposals will be determining the proposal(s) that offer the best overall value to the City and its residents and businesses. The process uses a total value approach, rather than lowest cost as the sole criteria. Examples of factors that may be considered include but are not limited to: responsiveness to the RFP, company qualifications, technical approach, facility location, capacity, and accessibility, regulatory compliance, diversion certifications, proposed cost of services, acceptance of key terms of the future agreement, greenhouse gas emissions and vehicle impacts of transfer/transport of materials, and other criteria to be specified in the RFP.

Communication during the RFP process must adhere to relevant competitive bidding requirements and Cupertino Municipal Code section 2.100.030 (p)(5), which states that Persons responding to requests for proposals are limited to direct conversation or

2 Godbe Research, October 2020. 700 respondents for +/- 3.67% margin of error at the 95% confidence level.
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correspondence with the official or department specifically designated to receive such information, as identified in the RFP in order to not obtain an improper competitive advantage.

Next Steps
Currently staff plans to seek proposals for the following services:
1) Landfill Disposal: The City intends to enter into long-term contractual arrangements for the continued disposal of solid waste. 2) C&D Processing: The City intends to enter into long-term contractual arrangements for C&D processing at a high performing facility that has proven effective in meeting or exceeding minimum CalGreen and City ordinance requirements for material recovery.
3) Garbage Processing: The City intends to evaluate and consider garbage processing to further reduce the tons of recoverable materials that are landfilled annually. The City is interested in receiving proposals that will allow it to evaluate the enhanced diversion and the rate impact that would result from processing.

Staff will return at a future date to present City Council with recommendations for award based on received proposals, overall benefit to the City, and the results of negotiations.

Sustainability Impact
Routing garbage through a MRF for processing is a recommended climate change mitigation strategy identified in the City’s adopted Climate Action Plan (CAP) 2.0 under action item W1.2.

Fiscal Impact
The City manages waste disposal on behalf of the ratepayers (residents and businesses).

Costs are incurred by the ratepayers and not the City. There will not be impact to the City’s General Fund from these changes.

Any change in the cost of disposed or processed tons collected in Cupertino will be factored into the rates paid by the customers. The City’s current rate per ton to send garbage to Newby Island Landfill is $46.53/ton, and it adjusts annually per CPI. This is somewhat below the current per-ton market rate for landfills, so even without processing, the cost of disposal will likely increase.

California Environmental Quality Act (CEQA)
No CEQA determination is required at this time.
_____________________________________
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Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
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CITY OF CUPERTINO
Agenda Item
23-12223 Agenda Date: 5/2/2023
Agenda #: 13.

Subject: Consider a report regarding the review of potential violations of the City of Cupertino Municipal Code and City policies regarding Council- and commissioner-staff relations.

Staff and Commissioner-Staff Relations (“Report”).

Receive confidential Report; consider waiving attorney-client privilege to allow for the public release of the Report; and consider further responses to Report.

Presenter: Christopher Jensen, City Attorney
CITY OF CUPERTINO Page 1 of 1 Printed on 4/26/2023
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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: May 2, 2023
Subject
Consider a report regarding the review of potential violations of the City of Cupertino Municipal Code and City policies regarding Council- and commissioner-staff relations.

Staff and Commissioner-Staff Relations (“Report”).

Recommended Action
Receive confidential Report; consider waiving attorney-client privilege to allow for the public release of the Report; and consider further responses to Report.

Reasons for Recommendation
On December 19, 2022, the Santa Clara County Civil Grand Jury issued a report entitled, "A House Divided: Cupertino City Council and City Staff” (Attachment A).The Grand Jury report resulted from multiple complaints concerning the conduct of the City Councilmembers toward City management and staff. According to the December 2022 Grand Jury report, the Civil Grand Jury reviewed allegations that (1) Councilmembers interfered in the day-to-day operations of the City; (2) Councilmembers routinely berated and belittled presentations made by the City staff during the City Council meetings; and (3) certain Councilmembers gave direct work assignments to City employees, contrary to the requirements of the Council-Manager form of government as set forth under the Cupertino Municipal Code.

Following its deliberations, the Grand Jury released a report that included four findings, three of which are relevant to the item pending before Council.

Finding 1: The City has a culture of distrust between the Councilmembers and City staff that is creating dysfunction.

Finding 2: The dysfunction prevalent between the City Council and City staff has negatively impacted City operations, including the continuing loss of skilled and experienced personnel.

The City has a reputation of having a difficult work environment, making recruiting of highly qualified applicants difficult.
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2 Finding 4: A comprehensive Code of Ethics not only provides guidance and baseline standards for ethical behavior, if includes sanctions and consequences for deviations from the stand. The City's Ethics Policy is generic and lacks enforcement provisions and therefore fails to provide a framework to address ramifications for policy violations.

On February 21, 2023, the City Council considered the Grand Jury report and approved the City’s response to the report pursuant to Penal Code section 933 (Attachment B). As part of the City’s response, the City Council directed the City Attorney’s Office to investigate and report back on violations of the Municipal Code with respect to Council-staff and commissioner-staff relations.

The City Attorney’s Office retained Linda Daube, Esq. to conduct an independent investigation of potential violations of the Municipal Code and related violations of City policies. The City Council will be provided with a confidential, attorney-client privileged Report regarding the investigation prior to the City Council meeting.

Because the report is confidential and privileged, the public release of the Report would require waiver of the attorney-client privilege. A waiver of privilege requires a majority vote of the Council. Should Council choose to waive privilege, the City Attorney’s Office recommends that Council limit the waiver to the Report itself and specify that it does not extend to the subject matter of the Report or any underlying materials considered during the investigation. A waiver would not permit the disclosure of confidential personnel information. The Council may also consider further responses to the Report.

Sustainability Impact
Not applicable.

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 – Grand Jury Report – "A House Divided: Cupertino City Council and City Staff” B – City of Cupertino Response to Grand Jury Report
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Release date here Page 0 of 51
h

A HOUSE DIVIDED:

CUPERTINO CITY COUNCIL AND CITY STAFF
2022 Santa Clara County
Civil Grand Jury
December 19, 2022
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TABLE OF CONTENTS
GLOSSARY AND ABBREVIATIONS ...................................................................................... 2 SUMMARY ................................................................................................................................... 3 BACKGROUND ........................................................................................................................... 4 METHODOLOGY ....................................................................................................................... 6 INVESTIGATION ........................................................................................................................ 7 CONCLUSION ........................................................................................................................... 14 FINDINGS AND RECOMMENDATIONS ............................................................................. 15 REQUIRED RESPONSES ......................................................................................................... 17 APPENDIX A .............................................................................................................................. 18 APPENDIX B ............................................................................................................................. 32 APPENDIX C .............................................................................................................................. 47 REFERENCES ............................................................................................................................ 50 334
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GLOSSARY AND ABBREVIATIONS
General Law City A city whose government structure and powers are defined by the general law of the state. This
is in contrast with a charter city whose
government structure and powers are defined
by a city charter.

California Public Records Act The California Public Records Act (Government Code section 6250 et seq.)
allows the public to request access to
government records, unless such records are
exempt by law from disclosure.

Councilmanic Interference Councilmanic Interference refers to a councilmember’s attempts to thwart the
principles of the council-manager form of
government management.
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A HOUSE DIVIDED REPORT TITLE

SUMMARY
The 2022 Santa Clara County Civil Grand Jury (Civil Grand Jury) received multiple complaints concerning the behavior of the City of Cupertino (City) councilmembers toward City staff. The essence of these complaints focused on an adversarial relationship existing between the Cupertino City Council (City Council) on the one hand and City management and staff on the other.

Complainants alleged: (1) councilmembers interfered in the day-to-day operations of the City; (2) councilmembers routinely berated and belittled presentations made by City staff during City Council meetings; and (3) certain councilmembers gave direct work assignments to City employees, thwarting the requirements of the Council-Manager form of government.

Throughout its investigation, the Civil Grand Jury learned of the existence of distrust and fear among City staff of councilmembers. Generally, each side took issue with the other, laying blame back and forth over multiple complaints. The Civil Grand Jury was provided with repeated examples of councilmembers behaving inappropriately toward the City Manager and staff including, but not limited to, routine disrespect and the inclination to doubt the accuracy of the City staff’s work. The Civil Grand Jury found that the behavior by certain councilmembers towards City staff directly violated the City’s ordinances relating to the council-manager form of government under which the City operates.

Furthermore, high turnover in key management and leadership positions within City government has caused the City to lose employees with significant capabilities and experience and, in some cases, leave key positions unfilled. These issues adversely impact the City’s ability to best serve the community and effectively operate the City. Additionally, the City’s designated Internal Auditor, Moss Adams LLP, identified numerous areas where the City had critical deficiencies, including that the City has weak or nonexistent internal financial controls and inadequacies in existing operating policies and procedures. Many of these deficiencies have existed for several years and pose potentially serious future operating and financial risks to the City as it pursues significant growth projects. The City Council’s Audit Committee has implemented a work plan designed to address identified areas of fiscal risk and weak or absent internal controls, but there is no evidence in City Council meeting minutes that the plan has been vetted by the City Council. 336
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BACKGROUND
Governance
The City is a general law city whose form of government is governed by California Government Code sections 36501 to 36525. General law cities, while complying with state mandates, may adopt ordinances that provide specific requirements related to the operation of the city. To this end, the City of Cupertino Municipal Code (“Cupertino Municipal Code”) includes the following provisions:
(1) Chapter 2.48 – Departmental Organization
(2) Chapter 2.17 – City Council/City Staff Relationships The City has chosen to operate under the Council-Manager form of government, which separates the operational responsibilities assigned to the City Manager from the governance and oversight responsibilities assigned to the Mayor and Councilmembers. Cupertino Municipal Code chapters

2.17 and 2.48 explicitly establish the roles of the City Manager, certain key staff, and the councilmembers.

Pursuant to Cupertino Municipal Code section 2.17.010, councilmembers (including the mayor) are prohibited from attempting to influence City staff’s administrative responsibilities. :

Under the Council/Manager form of government neither the City Council, nor individual Council members, can give orders to any subordinates of the City Manager. The City Manager takes his or her orders and instructions from the City Council only when given at a duly held meeting of the City Council. No individual council member can give any orders or instructions to the City Manager. [Emphasis added]
Cupertino Municipal Code section 2.17.032 expressly states that “Individual Council members shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council.” As Cupertino Municipal Code section 2.17.020 provides, the intent and purpose of this requirement are to ensure that control and direction of the City are maintained by the City Council as a whole as opposed to individual councilmembers; and to protect City staff from “undue influence” from individual councilmembers so that City staff can execute priorities given by management and the City Council as opposed to individual councilmembers. Further, the City Council – as opposed to individual City councilmembers – retains “the full power to accept, reject, amend, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business” through the City Manager. (Section 2.17.031) Councilmanic Interference
Councilmembers engaging in the type of conduct outlined above are committing “councilmanic interference.” Councilmanic interference is a violation of the Council-Manager form of government, as established by Cupertino Municipal Code section 2.28.50:
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The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager.

The City Manager shall take his or her instructions from the City Council only when given at a duly held meeting of the City Council, and no individual councilperson shall give any instructions to the City Manager.

While councilmembers are prohibited from giving orders to subordinates of the City Manager, Cupertino Municipal Code section 2.17.034 expressly allows councilmembers to get information from City staff, which does not qualify as councilmanic interference:

Individual Council members as well as the City Council as a whole, have complete freedom of access to any information requested of staff (except information which is otherwise protected by law from disclosure) and will receive the full cooperation and candor of City staff in being provided with any requested information. Information sought by an individual council member may, at the discretion of the City Manager, be automatically provided to the City Council as a whole. In exercising this discretion, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or is of interest to the Council.

Further, Cupertino Municipal Code section 1.12.010 makes it unlawful for any person to violate a mandatory provision of the code, which can be a misdemeanor. Section 1.12.010 states:

It is unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by the code, or to violate any provision or fail to comply with any of the requirements of this code. A violation of any provision or failing to comply with any of the mandatory requirements of the code shall constitute a misdemeanor, except where the violation is specifically declared to be an infraction. 338
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METHODOLOGY
The investigation process undertaken by the Civil Grand Jury included interviews with councilmembers, past and present City officials, and the Audit Committee of the City Council.

Additionally, the Civil Grand Jury watched recordings of several City Council meetings; researched and reviewed the state statutes governing the structure and operation of general law cities; researched and reviewed relevant provisions of the Cupertino Municipal Codes that describe City operations and City Council structure and responsibilities; and engaged in research that produced numerous documents supporting the findings and recommendations in this report.

The investigation focused on four critically important areas: (1) councilmanic interference by councilmembers with City management and staff; (2) operational and fiscal risk management concerns; (3) behavior dysfunction leading to failures in governance; and (4) the lack of an Ethics and Code of Conduct Policy with enforcement provisions. As a result of this investigation, the Civil Grand Jury developed several findings and recommendations to address the identified areas of dysfunction.
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INVESTIGATION
Councilmanic Interference and Mutual Distrust
The Civil Grand Jury learned that City staff are routinely criticized, ridiculed, and embarrassed during public meetings, leading City staff not to trust councilmembers. A careful review of several recorded City Council meetings confirmed the existence of adversarial and dysfunctional behavior toward City staff exhibited by some City councilmembers. At the same time, it was also noted that some councilmembers have been concerned about the difficulty in obtaining accurate and timely information on City operations considered important in performing City Council governance and oversight responsibilities. The dysfunctional relationship between City management and some councilmembers has created an environment of distrust.

As described above, there is a difference between ordering or directing City staff – which qualifies as councilmanic behavior – and requesting information, which is expressly permitted by the Cupertino Municipal Code. The Civil Grand Jury heard multiple complaints and various examples of conduct that councilmembers viewed as permissible information requests, but City staff believed were councilmanic interference. Councilmembers do communicate directly with City staff seeking information. This is permissible; however, individual councilmembers cannot, in this context, influence staff decisions, workloads, schedules, or department priorities without prior knowledge and approval of the City Council because that kind of conduct qualifies as councilmanic interference. It is easy to see how a direct request for information from a councilmember might have the impact of influencing workloads, requiring staff to work overtime, or readjusting staff priorities, which is the concern of City staff. It is also possible that the councilmember might not know or appreciate the impact of the information request.

Thus, there is a lot of gray area between information requests and information requests that have a more councilmanic spirit. As the Civil Grand Jury learned, some of the councilmembers’ requests have been voluminous or come on the heels of the councilmembers’ specific dissatisfaction with a staff report on a certain subject and, thus, appear punitive as opposed to a genuine information request. Some councilmembers, not getting the information they need, have resorted to submitting Public Records Act requests to the City Clerk to obtain specific information from City staff. This is unusual because Public Records Act requests are commonly made by the public, not by councilmembers. It is easy to see how City staff view this practice as an aggressive tactic by the councilmembers. On the other hand, some City staff have resisted individual councilmembers’ direct requests for detailed information or reports that they believe should have come through the City Manager and represent councilmanic interference. This is also frustrating for the councilmember who is charged with governing and must be informed to make important decisions about the direction of the City. Parsing out who is right or wrong in this landscape does not solve the core problem of distrust and resulting dysfunction. 340
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The Civil Grand Jury learned of a few instances of more blatant councilmanic conduct.

Councilmember Kitty Moore questioned a subordinate of the City Manager about charges the staff member incurred on a City credit card. The staff member presented an explanation of the charges.

Councilmember Moore did not accept the explanation and requested copies of the documentation to pursue her own investigation. Any irregularities or policy violations related to City credit use are squarely within the purview of the City Manager. Direct councilmember involvement violates the City Municipal Code prohibiting councilmembers from involving themselves in the day-today operations that are clearly the responsibility of the City Manager.

The Civil Grand Jury also learned through different sources that Mayor Darcy Paul directed a City staff member to assist with an event. The Mayor asserted that the City staff member had “volunteered” to help during a ribbon-cutting ceremony and therefore, such assistance did not amount to a directive as prohibited by City ordinance. The Mayor failed to recognize the powers at play--the inherent difference in stature--when a councilmember asks staff to attend functions outside their normal work responsibilities. On two separate occasions, Mayor Paul asked other City staff to work at events that were not part of official City business and occurred after working hours. For one such event, the Mayor made the request by personally calling the staff members.

Such requests by councilmembers should be made through the City Manager.

Another source of distrust between the City Council and City staff involves renovations to City Hall. Further, City staff voiced concern that their workplace, City Hall, had not been renovated and seismically improved. Although the 2015 City Council allocated funds for the renovation, the monies were subsequently redirected to expand the City Library. Certain staff regard the present City Council’s unwillingness to fund the renovation as confirmation that their health and safety concerns are not a priority.

Trust between the City Council and the City Manager and staff is essential to the effective operation of the City. The Civil Grand Jury investigation and interviews revealed that little trust exists between the City’s staff and councilmembers. In many instances the distrust is mutual. The combination of poor relationships and strained communication between these two groups has created several critical problem areas in the functioning of City government and the ability of the City Council to provide the leadership and meaningful oversight that is the core of good governance.

Failure to Produce Treasurer’s Report
Earlier this year, the Civil Grand Jury investigated the lack of financial reporting as mandated by state law. In a separate report entitled “Show Me the Money: Financial Transparency Needed,” the Civil Grand Jury responded to a complaint that the City was in breach of its ordinance to produce monthly treasurer’s reports. During the investigation of the missing treasurer’s reports, the City Manager resigned unexpectedly in June of 2022. 341
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Cupertino Municipal Code section 2.24.030 (“Monthly Reports”) states:

The Treasurer shall make monthly reports which conform to the requirements of [California] Government Code Section 41004. Said reports shall be delivered to the City Council, the City Manager and made available for review by such other persons who may so request.

Despite the legal requirement to comply with Government Code section 41004, no City staff member was preparing and delivering a monthly treasurer’s report. When this issue was raised during an Audit Committee meeting, the rationale provided by City staff was that many of the surrounding cities do not comply with this requirement. Absence of the monthly treasurer’s report impaired the councilmembers’ ability to fully exercise fiscal oversight.

It took a few months for City staff to comply with the law. The Civil Grand Jury investigation into this issue revealed that the City finance department is now producing the treasurer’s report required under California Government Code section 41004 and Cupertino Municipal Code section

2.24.030. Nonetheless, the City staff’s disregard of this City ordinance in the past added to the perception of City Council that staff was not competently fulfilling their job responsibilities.

Fiscal and Risk Management Issues
Fiscal and financial risk management oversight is a key area of responsibility of every city council.

Good governance requires that city councils routinely review the financial operations of the city, identify areas of weakness and/or risk, and oversee effective policies and procedures for implementation by city managers. Addressing financial issues in a timely manner is an essential component of a city council’s exercise of its oversight responsibilities.

Operationally, the scheduled and repetitive use of internal audits is an effective tool for the discovery of financial management and internal control issues. Audits provide the best means of measuring consistent progress in mitigating weaknesses and identifying gaps through implementation of council-directed and -approved policies and procedures designed to address any identified issues.

The Civil Grand Jury learned of the existence of a 14-year embezzlement scheme by a former City staff member of almost $800,000 that purportedly occurred between 2000 and 2014. Further investigation revealed that after the discovery of the embezzlement scheme in 2014, no financial policy or procedural changes were developed and implemented by the City.

The City contracts with Moss Adams LLP (Auditor) to serve as the City’s Internal Auditor.

Leading up to December of 2020, the Auditor undertook a comprehensive risk assessment evaluation of all departments and their respective functions across the entirety of the City’s organization. Although their audit report identified several areas of concern, including internal financial controls, the Civil Grand Jury learned that the City did not take any appreciable steps to 342
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remedy these concerns. The City Council did, however, call for a more detailed audit of financial operations and risk. That led to another audit in Spring 2022, which resulted in a report entitled “City of Cupertino: Fiscal Policy Inventory and Gap Analysis,” dated May 5, 2022. That report was presented by the City staff to the Council on July 19, 2022. The audit report included in its findings a policy and procedure work plan covering areas of identified financial risk. Also included in the Auditor’s findings was a detailed “Summary of Recommendations” referencing high-risk areas that require immediate City Council attention and remediation. The following chart, prepared by the Auditor, sums up the deficiencies by area, including eight areas that the Auditor described as high risk:

Figure 1. Prioritized Policies and Procedures Work Plan The full report is attached as Appendix A.

In sum, two separate audit reports dated December 2020 and May 2022, both commissioned by the City, included sets of recommendations to strengthen operating policies, procedures, and 343
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internal controls. The Civil Grand Jury learned that few, if any, of those recommendations have been implemented for reasons that remain unclear. Past and present key staff offered no clarity on how the City addressed or intends to address the well-developed Moss Adams internal audit recommendations.

The Civil Grand Jury learned that the City Council’s Audit Committee has been meeting and discussing the audit reports. The Civil Grand Jury investigated the functions and responsibilities assigned to the Audit Committee, which exists as a subcommittee of the City Council. These functions and responsibilities are identified on the City of Cupertino website as follows (also refer to Cupertino Municipal Code section 2.88.100):
• To review the annual audit report and management letter • To recommend appointment of internal/external auditors • To review the monthly Treasurer’s Report
• To recommend a budget format
• To review City investment policies and internal controls of such policies • To review internal audit reports
• To review quarterly Fraud, Waste, and Abuse Program reports Audit committee operating procedures require members, among other responsibilities, to assess the internal audit findings and recommendations and submit their analysis and recommendations to the City Council for discussion and action. The Auditors attend and participate in the City Council Audit Committee meeting, and their reports, findings, and recommendations are provided directly to the Audit Committee for discussion and development of recommended actions.

However, it remains unclear to the Civil Grand Jury whether the City is addressing the fiscal risks identified in the May 5, 2022, Auditor report. The Audit Committee meets regularly and the minutes reflect that there is a workplan. In May 2022, the status of the Audit Committee’s work was on the City Council agenda, but that meeting was later canceled. The Civil Grand Jury could find no evidence in the City Council minutes that the City Council had discussed the risk reduction work plan or had authorized the City Manager to proceed with its implementation. This is concerning because the financial control issues have long been known to the City and yet questions directed to councilmembers, Audit Committee members, and relevant City staff failed to provide assurance that the City Council has prioritized the efforts of the Audit Committee or evaluated and approved a work plan to address the audit deficiencies.

City Staff Turnover
The Civil Grand Jury learned of an abnormally high turnover rate among City staff, including key top staff positions. For example, half of the Planning Division and 60 percent of senior management staff have left the City since January 2022. The City has had four city managers from 344
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June 2019 to the present. The most recent City Manager appointment took place on August 29, 2022. The high turnover in key management positions increases the risk of operational errors and oversights. It also reduces the level of institutional memory and process knowledge that facilitates the efficient and timely flow of work throughout the City’s several departments.

High turnover also brings in new employees, some of whom are unlikely to be familiar with the City’s specific operational policies and procedures and therefore require higher levels of training and closer supervision to become proficient in their work assignments. Several of the interviews undertaken by the Civil Grand Jury confirmed that high staff and management turnover reduced the operating efficiency of City government. Further, the Civil Grand Jury learned that this high turnover rate has negatively impacted the City’s reputation and in turn, has led to its inability to attract qualified people for some key staff and management positions. Interviewees cited turnover as a continuing operational problem.

Some councilmembers indicated that the high turnover was more a function of individual retirements and people seeking better, higher-paying positions. Documents researched and reviewed by the Civil Grand Jury provided information that did not fully support these conclusions.

For example, the City of Cupertino salary structure for staff and management is competitive with equivalent positions in other nearby cities. And witnesses confirmed that much of the turnover was due to some councilmembers’ contentious behavior and direct interference in City operations and staff assignments.

Interviews with current and former City managers confirmed that some City councilmembers inserted themselves in the process of recruiting and hiring for open positions within the City. The belief by City staff that their work is unappreciated and devalued by councilmembers perpetuates the open and public conflict between the City Council and City staff. Such behavior makes it highly likely that management turnover will continue.

Effective local government depends upon hiring and retaining qualified staff and management and electing councilmembers dedicated to functioning in a manner that best serves their constituents.

The City, according to several interview statements, has developed a reputation of having a difficult work environment, making recruiting of highly qualified applicants difficult.

Ethics Policy
In a City Council vote on January 15, 2019, the City Council rescinded its Code of Ethics and Conduct that had just been voted on and passed the prior November. A year later, in January 2020, the City Council adopted a new Ethics Policy. The Civil Grand Jury has many concerns about the new Ethics Policy.
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First, unlike the rescinded version, the current Ethics Policy is less comprehensive and ignores the subject of councilmanic interference found in the rescinded version. Thus, there are significantly fewer ethical requirements and standards for councilmembers.

Second, the current version of the Ethics Policy contains no enforcement provisions that would allow action(s) to be taken against councilmembers or City officials who violate behavioral or performance requirements. The Civil Grand Jury reviewed the City’s current Ethics Policy against those of comparable cities. Noticeably missing were enforcement provisions that enabled the public, councilmembers, and staff to report policy violations or other misconduct.

Enforcement provisions are needed to:
• Provide guidelines to address misconduct and inappropriate behavior • Implement appropriate disciplinary action when necessary, including warnings, sanctions, censure, and termination
• Define steps to take depending upon the nature of the violation, prior violations by the same individual, and other factors that could bear upon the seriousness of the violation In the absence of enforcement provisions, the City’s barebones Ethics Policy is ineffective in remediating problematic staff and councilmember actions and behaviors. Adopting a more comprehensive ethics policy is important to enable the City Council to execute its assigned responsibilities for effective governance, operational oversight, and risk mitigation.

Third, the Ethics Policy is not available to the public online. This lack of transparency is unusual for City government. Further, the lack of a publicly available Ethics Policy reduces the likelihood that councilmembers will be held accountable by the public for violations of the policy. The 2018 and 2020 versions of the City’s Ethics Policy are attached as Appendix B and Appendix C, respectively.

Fourth, the year-long gap during which the City had no ethics policy is a concern.

Last, it seems that the rationale for creating a policy with generic ethics goals and no enforcement provisions was to avoid accountability. One councilmember interviewed expressed the opinion that the old policy did not provide enough flexibility. Another councilmember suggested that the old Ethics Policy was too restrictive. No City councilmembers could explain why the replacement Ethics Policy does not contain any enforcement provisions. The City Council’s decision to rescind a detailed Code of Ethics and Conduct with meaningful enforcement provisions, and to replace it with a barebones unenforceable policy that is not publicly available, and, in the meantime, to operate without any policy at all for 12 months, is very concerning to the Civil Grand Jury and evidences a lack of willingness on the part of the current City Council to hold itself accountable. 346
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CONCLUSION
Voters of the City of Cupertino elect five councilmembers. Councilmembers in turn hire the City Manager and the City Attorney. The public has the right to hold the governing body responsible for its leadership and guidance and to pursue policies that lead to sound governance. City voters do not elect City staff. If the environment created by the governing board is toxic, the City will not be able to hire and retain competent talent to serve the residents of Cupertino. The governing council must create a respectful environment for staff. The behavior of councilmembers may need to be reviewed and good government practices implemented to remediate the dysfunction that currently exists.

The absence of a comprehensive Ethics and Code of Conduct policy with enforcement provisions is a significant concern for the Civil Grand Jury. Ethics and Code of Conduct policies set baseline parameters of acceptable organizational operating practices and required behavior of staff, management and councilmembers. The absence of enforcement provisions in the new Ethics Policy provides the City and its residents no remedy for unacceptable actions or behavior.

The Civil Grand Jury is aware that this report will be published after the November 2022 elections and hopes that any newly elected councilmembers will take the opportunity to develop better working relationships with the City staff.
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FINDINGS AND RECOMMENDATIONS
Finding 1
The City has a culture of distrust between the councilmembers and City staff that is creating dysfunction.

Recommendation 1
The City should develop or acquire a good governance training and development program for both existing and newly elected councilmembers and existing and new staff members to address: (i) their role, responsibilities, and the relevant laws that specify and/or limit their function; (ii) the division of responsibilities between councilmembers and staff as directed by the Cupertino Municipal Code; and (iii) the necessity of morale building to create a stronger, more effective, and respectful relationship between City staff and councilmembers. Recommendation 1 should be implemented by March 31, 2023.

Finding 2
The dysfunction prevalent between the City Council and City staff has negatively impacted City operations, including the continuing loss of skilled and experienced personnel. The City has a reputation of having a difficult work environment, making recruiting of highly qualified applicants difficult.

Recommendation 2
The City should hire a consultant to study staff morale and make recommendations to improve retention of employees and quality of the working environment. To the extent legally permissible, the study and recommendations should be published for public review. Recommendation 2 should be implemented by July 31, 2023.

Finding 3
The City has not taken sufficient steps to improve the City’s financial risk profile as recommended by its retained Internal Auditor.

Recommendation 3a
The City should implement the work plan identified in the May 2022 Fiscal Policy Inventory and Gap Analysis Report developed by the City’s internal audit firm, Moss Adams LLP, to address policy and procedural gaps and weaknesses. Recommendation 3a should be implemented by July 31, 2023.

Recommendation 3b
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internal audit risk reduction and mitigation recommendations. Recommendation 3b should be implemented by July 31, 2023.

Finding 4
A comprehensive Code of Ethics not only provides guidance and baseline standards for ethical behavior, it includes sanctions and consequences for deviations from the standard. The City’s Ethics Policy is generic and lacks enforcement provisions and therefore fails to provide a framework to address ramifications for policy violations.

Recommendation 4a
The City should establish an independent Public Ethics Commission with guidance from experts in applied ethics, such as the Markkula Center for Applied Ethics at Santa Clara University, to: (i) develop and implement a robust government ethics training program for all councilmembers; and (ii) evaluate a best practices enforceable Code of Ethics and Conduct Policy that governs all councilmembers and appointed officials for consideration by the City Council. This recommendation should be implemented by March 31, 2023.

Recommendation 4b
The City should reinstate enforcement procedures to enable the City Council and the public to file complaints and testify at public hearings to help remediate ethics violations. This revision should include a procedure for public admonishment, revocation of special privileges, or censure. This recommendation should be implemented by March 31, 2023.

Recommendation 4c
The City Council should engage a conflict resolution professional to help enhance mutual understanding and respect amongst all stakeholders. This recommendation should be implemented by January 31, 2023, and should be repeated at least once per year.

Recommendation 4d
The City should publish its current Ethics Policy on the City website by January 31, 2023.

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REQUIRED RESPONSES
Pursuant to California Penal Code § 933(b) et seq. and California Penal Code § 933.05, the County of Santa Clara 2022 Civil Grand Jury requests responses from the following governing body:

Responding Agency Findings Recommendations
The City of Cupertino 1, 2, 3, 4 1, 2, 3a, 3b, 4a, 4b, 4c, 4d
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APPENDIX A
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APPENDIX B
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APPENDIX C
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REFERENCES
Bibliography:

California Government Code section 36501, https://law.justia.com/codes/california/2021/codegov/title-4/division-3/part-1/section-36501/#:~:text=%C2%A7%2036501%20(2021)- ,36501.,(b)%20A%20city%20clerk (accessed October 15, 2022).

California Government Code section 41004, https://law.justia.com/codes/california/2019/codegov/title-4/division-3/part-3/chapter-3/section-41004/#:~:text=%C2%A7%2041004%20(2019)- ,41004.,copy%20with%20the%20legislative%20body (accessed November 1, 2022).

City of Cupertino Municipal Code,
https://codelibrary.amlegal.com/codes/cupertino/latest/cupertino_ca/0-0-0-78624 (assessed October 30, 2022).

City of Cupertino Ethics Policy, adopted by Resolution No 2020-011 dated January 21, 2020.

City of Cupertino, City of Cupertino Careers Class Specifications, www.governmentjobs.com/careers/cupertino/classspecs (assessed Nov 3, 2022).

County of Santa Clara 2022 Civil Grand Jury Report, “Show Me The Money: Financial Transparency Needed,” November 2022.

Hase, Grace, “Cupertino loses latest city manager in four years, and mayor wanted to ‘hold off’ in disclosing it,” Mercury News, https://www.mercurynews.com/2022/07/02/cupertino-loseslatest-city-manager-in-four-years-and-mayor-wanted-to-hold-off-on-disclosing-it/ July 2, 2022, updated July 3, 2022 (accessed October 11, 2022).

League of California Cities, “Your Legal Powers and Obligations,” https://www.calcities.org/docs/default-source/new-mayors-and-council-members-academysession-materials/02-your-legal-powers-and-obligations.pdf (accessed October 13, 2022).

Marrkula Center for Applied Ethics, “Government Ethics,” Santa Clara University, https://www.scu.edu/government-ethics/ (accessed November 1, 2022).

National League of Cities, “City Councils,” https://nlc.org/city-councils (accessed November 1, 2022).
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This report was ADOPTED by the County of Santa Clara 2022 Civil Grand Jury on this 19th day of December, 2022.
______________________________
Ms. Karen Enzensperger
Foreperson
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February 22, 2023
Honorable Beth McGowen
Presiding Judge (2023)
Superior Court of California
County of Santa Clara
191 North First Street
San José, CA 95113
RE: Civil Grand Jury Report
Dear Judge McGowen:

Pursuant to California Penal Code section 933 et seq., please find enclosed the City of Cupertino’s response to the 2022 Santa Clara County Civil Grand Jury Report, “A House Divided: Cupertino City Council and City Staff.” The City Council approved the City’s response to the Grand Jury Report on February 21, 2023. The approved City response is enclosed for your review. Thank you for your consideration.

Sincerely,

Pamela Wu
City Manager
Enclosure
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1 CITY OF CUPERTINO RESPONSE TO THE FINDINGS AND RECOMMENDATIONS OF THE 2022 SANTA CLARA COUNTY CIVIL GRAND JURY REPORT, “A HOUSE DIVIDED: CUPERTINO CITY COUNCIL AND CITY STAFF”
Finding 1
The City has a culture of distrust between the councilmembers and City staff that is creating dysfunction.

Response: Partially agree/partially disagree. The Grand Jury Report identifies examples of conflict and distrust that the City should strive to overcome. The City agrees that the Grand Jury has identified a genuine problem in the City, although descriptions of specific instances may be inaccurate or incomplete. The Report may also overstate the level of “dysfunction” that is present in the City. The City continues to deliver a high level of services to its residents. In addition, the City continues to make policy progress in many areas—for example, the City Council recently approved two much-needed major housing projects and several smaller developments, and the City continues to innovate in policy areas such as its response to climate change and the reduction of single-use plastics.

Despite some areas of disagreement with the Grand Jury’s conclusions, the City agrees that distrust between staff and councilmembers has been pervasive and mutual. The Grand Jury Report correctly calls attention to the need for trust and civility in interactions between Council and staff.

Response: The City has begun implementing Recommendation 1 and will complete implementation of the recommendation by the end of Fiscal Year 2022-2023. The City executive leadership team and City Council will continue to strive for a more respectful relationship between staff members and councilmembers. Councilmembers and staff are consistently advised on their roles and responsibilities under the Council-Manager form of government, including responsibilities that are codified in the Cupertino Municipal Code. The City management team has provided Council training on these issues during recent Council orientation and retreat sessions and will continue to reinforce the message delivered at those training sessions. In addition, on September 6, 2022, the City Council 386
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2 approved the Fiscal Year 2022-2023 Internal Audit Workplan. That workplan included an Enterprise Leadership Study that will assess the effectiveness of the City’s management and governance collaboration framework and provide recommendations to strengthen and streamline procedures to align with best practices for municipal leadership. The study began in January and is expected to be completed by June 2023. In addition, the City continues to make policy progress in many areas—for example, the City Council recently approved two significant large development projects and a number of smaller developments in a timely fashion, and the City continues to innovate in policy areas such as its response to climate change and the reduction of single-use plastics.

The City also acknowledges the need for improved staff training on the role of City staff within the Council-Manager form of government and will seek to develop recommendations for improving staff training and morale in connection with the implementation of Recommendation 2, below.

Response: Partially agree/partially disagree. While it is difficult to disentangle Cupertinospecific factors from larger economic trends that have made recruitment and retention challenging for government agencies throughout the region, the City is aware of instances where poor Council-staff relations have contributed to the decisions of staff to leave the City.

At the same time, the City has recently had successful recruitments to fill key positions with qualified external and internal candidates. Despite these successes, the City acknowledges that reputational issues have created challenges for the recruitment and retention of key personnel that the City must strive to overcome.

Response: The City agrees with Recommendation 2 and will implement the recommendation through an update to the citywide risk assessment first conducted in December 2020 by the City’s internal auditor. The City anticipates including the update in the Fiscal Year 2023-2024 Internal Audit Workplan.
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3 Finding 3
The City has not taken sufficient steps to improve the City’s financial risk profile as recommended by its retained internal auditor.

Response: Disagree. While the City agrees that the internal auditor’s recommendations should be implemented, the Grand Jury Report provides an inaccurate view of the City’s “financial risk profile.” The City has implemented financial controls to protect against fraud, waste and abuse, including the following:
• In December 2014, the City implemented a new enterprise resources planning (“ERP”) software, New World. The transition to New World improved internal controls on procurement by establishing multi-layered approvals to prevent fraud, waste, and abuse.
• In conjunction with the upgrade of the City’s ERP software in 2014, the City incorporated a decentralized accounting structure to enhance segregation of purchasing and financial duties.
• Since 2014, the City has hired 4.5 additional full-time equivalent staff to improve segregation of duties and internal controls.
• The City implemented a Council-approved Fraud, Waste and Abuse Program in Fall 2022.
• The City submitted eight of the nine financial policies listed in the high-risk category for review by the internal auditor as reported to the Audit Committee on November 28, 2022. The City presented the ninth policy to the internal auditor for review by January 2023. The City expects all nine policies will be finalized for approval by June 30, 2023.

In addition, the December 14, 2022 Grand Jury Report, “Show Me the Money”, confirmed that the City is in compliance with its financial reporting requirements.

The City disagrees with the Grand Jury Report’s characterization of these measures as not “sufficient.” Nevertheless, the City agrees that implementation of City’s Internal Audit Workplan should be prioritized, as reflected in the above response and the City’s responses to the recommendations below.

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4 should be implemented by July 31, 2023.

Response: The City agrees with this recommendation and intends to implement the work plan identified in the May 2022 Fiscal Policy Inventory and Gap Analysis Report by June 30, 2023.

Recommendation 3b should be implemented by July 31, 2023.

Response: This City has implemented Recommendation 3b.

Finding 4
A comprehensive Code of Ethics not only provides guidance and baseline standards for ethical behavior, it includes sanctions and consequences for deviations from the standard.

The City’s Ethics Policy is generic and lacks enforcement provisions and therefore fails to provide a framework to address ramifications for policy violations.

Response: Partially agree/partially disagree. The Grand Jury Report correctly emphasizes the importance of baseline standards for ethical behavior, including sanctions for noncompliance. As in most cities, the responsibility for holding elected officials and staff accountable for any ethics code violations falls on the City Council and City Manager, respectively. With respect to the level of detail in the Ethics Policy, ethics policies vary widely among jurisdictions in level of detail and prescriptiveness. Regardless of the form of the ethics policy, the policy should serve the purposes of increasing public confidence in the integrity of local government and its effective and fair operations, and support independent, impartial, and fair decision-making and execution of policy by City officials, as reflected in City of Cupertino Resolution 20-011, adopting the current Ethics Policy.

Response: The City provides required ethics training for elected officials and supplements that required training with opportunities for additional ethics education at League of Cities conferences and Council retreats. The City will review its current ethics training for 389
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5 opportunities to improve training for councilmembers and other City officials.

The City Council will also consider revisions to the current Ethics Policy using the Ethics Policy adopted by the City Council in 2018 as a starting point. However, based on the City’s understanding of ethics policies in peer jurisdictions, the City Council is typically responsible for considering ethics violation and enforcing sanctions against councilmembers, commissioners, and committee members where appropriate; few, if any, peer jurisdictions delegate this authority to an independent ethics commission. The Grand Jury’s recommendation fails to take into account the administrative burden and expense of establishing an independent ethics commission in smaller jurisdictions such as Cupertino.

In addition, on February 7, 2023, the City Council adopted a Procedures Manual that establishes policies for the conduct of Council meetings and other Council business. The Procedures Manual includes standards for conduct and decorum that are consistent with the Grand Jury’s recommendations. Similarly, on February 21, 2023, the City Council directed staff to review the Commissioners Handbook to bring policies and procedures governing City commissions into alignment with the Council Procedures Manual and to address other concerns raised in the Grand Jury Report.

Response: It is unclear what prior enforcement provisions the Grand Jury report references in this recommendation. The City’s 2018 Ethics Policy, like its current Ethics Policy, is explicitly self-enforcing. (Grand Jury Report, Appendix B at p. 46.) Consistent with the practice in an overwhelming majority of Cupertino’s peer jurisdictions, the City Council is, and at all recent times has been, responsible for enforcing standards for the behavior and conduct of its own members. To that end, the City Council has directed the City Attorney to investigate and report back to Council regarding other potential violations of the Municipal Code arising out of Council-staff or commissioner-staff relations. The intent of the Report is to allow Council opportunities to correct past Municipal Code violations and prevent future violations.

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6 Response: It is unclear how Recommendation 4c relates to Finding 4. However, the City will identify opportunities for implementing this recommendation where appropriate.

Recommendation 4d
The City should publish its current Ethics Policy on the City website by January 31, 2023.

Response: The current Ethics Policy continues to be available on the City’s website and has now been posted on the City Council page. The response to this recommendation has been completed.
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CITY OF CUPERTINO
Agenda Item
23-12228 Agenda Date: 5/2/2023
Agenda #: 14.

Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 4/26/2023
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1 CITY COUNCIL ACTIVITY REPORT
Meeting:  Tuesday, May 2, 2023
Reporting Councilmember:  Councilmember Liang Chao
Report Activity Dates:  4/11/23 to 4/25/23
Event Date, Title, and Description:
2023‐04‐11 Monta Vista High School Speech Banquet
‐ Amazing speech which helped many previously shy students to develop courage to speak.

Ms. Wang at Kennedy Middle School stared the program. Graduating seniors thanking teachers, coaches and parents. The parent leaders of the Boosters thanking departing parents.
2023‐04‐12 Santa Clara County Library JPA Finance Committee ‐ Attended in person. Approved budget recommendation for the Library JPA. 2023‐04‐13 Luncheon to welcome County Sheriff Bon Johnson ‐ Hosted by Vicky Ma. Attended by many leaders of Chinese nonprofits 2023‐04‐23 Cal Cities Taxation and Revenue Policy Committee – CDTFA briefing ‐ A joint meeting with the Cal Cities City Managers’ Working Group on sales tax reform. ‐ This Working Group, consisting of city managers and city councilmembers, has been working on potential bills for a few years and they have proposed bills to restrict sales tax share agreements, but they did not pass. They continue to work on bills this year. ‐ Recording of the meeting: https://youtu.be/ub_P9Yhyb7Y. The presentation and the CDTFA report are made available too.
2023‐04‐21 Moving Forward Together event by Common Sense Party 2023‐04‐22 Cupertino Earth Day
‐ Stopped by shortly to visit at 1:30pm. Wonderful bike valet and library book mobile. Very well attended.
(Upcoming before 5/2)
2023‐04‐26 Santa Clara County Recycle and Waste Reduction Committee meeting 2023‐04‐27 Santa Clara County Library JPA Board Meeting 393
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CITY COUNCIL ACTIVITY REPORT
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Reporting Councilmember:ȱȱ
Report Activity Dates:ȱȱȱ
Event ǰȱTitleǰ and Description:

May 2, 2023
Councilmember J.R. Fruen
4/7/23 4/25/23
Event 1. 4/10/23 - SITE TOUR VALLCO PARKWAY 1 - Undertook a site visit for Apple, Inc.'s, proposed new office building at 19191 Vallco Parkway with Apple representatives Rod Diridon, Jr., Gary Chao, and Erik Serrano, alongside city staff members Gian Martire and Luke Connolly.

Event 2. 4/13/23 - MEETING WITH SEN. DAVE CORTESE - Met with Sen. Cortese re Cupertino needs in Sacramento.

Event 3. 4/13/23 - MEETING WITH PATRICK AHRENS OF ASM. EVAN LOW'S OFFICE - Met with District Director Patrick Ahrens of Asm. Evan Low's office to discuss Cupertino's needs in Sacramento.

Event 4. 4/16/23 - BAYMEC BRUNCH - Attended the first Bay Area Municipal Elections Committee Annual Brunch since the pandemic. The annual event recognizes leaders who have supported LGBTQ+ rights and raises funds to advocate for LGBTQ+ related causes.

Event 5. 4/18/23 - INSTITUTE FOR LOCAL GOV'T SEMINAR - Attended the "Sustainability at Every Size" webinar hosted by the Institute for Local Government. The webinar focused on scalable sustainability initiatives for smaller municipalities.

Event 6. 4/19/23 - CUPERTINO HISTORICAL SOCIETY BOARD MEETING - Attended a meeting of the CHS Board where the Board discussed its finances, personnel and volunteer recruitment, social media initiatives and management, presence at the Cherry Blossom Festival, "Tavern Tales" at Paul & Eddie's, and the annual Taste of History BBQ fundraiser.

Event 7. 4/20/23 - ASS'N OF BAY AREA GOV'TS EXECUTIVE BOARD MEETING - Attended the ABAG Executive Board meeting as an observer.

Event 8. 4/22/23 - CUPERTINO EARTH & ARBOR DAY - Attended our Earth and Arbor Day celebration at Library Field. Assisted the the Vice-Mayor in presenting a commendation to city staff in commemoration of the occasion.

Event 9. 4/24/23 - LANDFILL CONTRACT BRIEFING - Attended a briefing with city staff on Cupertino's landfill contract.
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Event 10. 4/24/23 - AUDIT COMMITTEE MEETING - Attended a meeting of the Audit Committee where we received an audit report on the Library Construction, in addition to regular reviews and updates.
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, May 2, 2023
Reporting Councilmember: Vice Mayor Sheila Mohan
Report Activity Dates: 4/5/23 to 4/25/23
Event Date, Title, and Description:
4/6/2023: Meet-n-Greet with Senator Josh Becker, who was eager to know City priorities and issues.

4/7/23: Apple Vallco Parkway 1 Site Tour – with City Planning staff and Apple staff. Council subsequently approved the proposed development of the office building with detached parking structure.

4/7/2023: Attended FUHSD Spring Event fundraiser which was well attended by school officials and city staff who were treated to an evening of music and fun. 4/11/2023: Meet and Greet with FBI - and was updated on issues with potential impact on local officials.
4/11/2023: Monta Vista Speech Banquet to celebrate the debate team, school staff and parent volunteers.
4/12/2023: Attended Mayor’s April meeting of City Commissioners and received updates on commission activities.
4/12/2023: Attended the Board of Directors meeting of Silicon Valley Clean Energy and approved power purchase agreements with power plants and energy storage companies.
4/15/2023: Attended Cupertino Bhubaneswar Heritage India Festival, an evening 396
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2 of music and dance. Spoke about the special sister-city relationship with Bhubaneswar, and areas of common appeal.
4/22/2023: Attended the Annual Sports Day of the Silicon Valley Korean School which was held at the sports field of Cupertino High School and recognized the role of the South Korean community in our City.
4/22/23: Attended Cupertino’s Earth and Arbor Day festival, along with Councilmember Moore and Councilmember Fruen – we recognized the efforts of the City’s Public Works Staff in maintaining city trees and presented them with a Certificate of Appreciation.
4/22/2023: Attended the Armenian Genocide Commemoration at St Andrew Armenian Church and acknowledged the contributions and tragic history of the Armenian people.
4/23/23: Attended the India Arts and Cultural Association event held at the Cupertino Oddfellows Lodge and awarded a plaque to Dr. Mani Bharathi, a violin maestro from India.
4/23/23: Volunteer Appreciation event for volunteers of In A Talent, a Cupertino based non-profit, and a previous CREST award winner. Awarded certificates of achievement to young volunteers who were mainly middle and high school students.
4/24/23: Chaired the Audit Committee meeting, discussed the Library Construction Audit final report, reviewed the performance of OPEB and Pension Section115 Trust, received the Treasurer’s Quarterly Investment Report, and reviewed the City’s Investment Policy.
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1 CITY COUNCIL ACTIVITY REPORT
Meeting:  Tuesday, May 2, 2023
Reporting Councilmember:  Mayor Hung Wei
Report Activity Dates:  4/7/23 to 4/25/23
Event Date, Title, and Description:

Event 1. April 7, 2023, Cupertino Chamber of Commerce Legislative Action Committee Meeting Attended the Legislative Action Committee Meeting of the Cupertino Chamber of Commerce with Keynote Speaker County Board of Supervisor Joe Simitian reporting on Lehigh updates and answering questions.

Event 2. April 7, 2023, Cities Association of Santa Clara County Executive Board Meeting at Mountain View City Hall
Attended Cities Association E‐Board Meeting – going over finance report, committee assignments, in‐person meeting format, and future meeting dates.

Event 3. April 7, 2023, Spring for Education hosted by the Fremont Union High Schools Foundation
Attended the Annual Spring for Education event hosted by the FUHS Foundation, honoring Bill and Judy Wilson for their decades of service and support of teens in the five public high schools in the Fremont Union High School District.

Event 4. April 8, 2023, Big Bunny Run, City of Cupertino Attended the early morning Big Bunny Run at Cupertino Civic Plaza – it was well‐ attended by children and adults alike. Thanks to the staff at Parks & Recreation for hosting such a welcoming community event.
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Event 5, April 11, 2023, New Foothill College President Introduction and Welcoming Event at Foothill College
Attended the Introduction and Welcome event of the new Foothill College President Dr. Kristina Whalen at the Appreciation Hall at Foothill College. Foothill College staff, students, and community leaders welcomed Dr. Kristina Whalen’s leadership. Dr. Whalen introduced herself and her family and spoke of her goals and passion. A reception following the Introduction and Welcome event provided fellowship and networking opportunities.

Event 6, April 12, 2023, Commissioners Meeting with Mayor Virtual Meeting with representatives from each Commission with City Manager Pamela Wu also attending. Commissioners reported on their Commission activities, asked questions, and exchanged comments.

Event 7, 2023, Meeting with Santa Clara County Sheriff Bob Jonsen hosted by Vicky Chu
Attended a Lunch Meeting with Santa Clara County Sheriff Bob Jonsen at Chef Chu’s hosted by community activist and volunteer Vicky Chu. Sheriff Jonsen spoke about public safety issues and measures and was glad to meet with community members to receive feedback.

Event 8, April 14 to April 25, 2023, Delegation to Taiwan From April 14 to April 25, led a delegation of five (City Manager Pamela Wu, Foothill De‐Anza Community College District Trustee Gilbert Wong, Fremont Union High School District Trustee Stanley Kou, Cupertino Union School District Trustee Jerry Liu and me) to Taiwan
Made official visits to Cupertino’s Friendship City New Taipei City and Sister City Hsinchu City (meeting with Vice Mayor of New Taipei City and Mayor of Hsinchu City) and various governmental agencies. Toured three school sites (one in Taipei City, one in New Taipei City, and one in Hsinchu). Met with Hsinchu Sister City Committee chairs/co‐chairs who led 20 exchange students from Cupertino to Hsinchu City as the very first student exchange program after the COVID pandemic. Attended the Farewell Party of the exchange program with Hsinchu 399
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City Mayor, the fifteen principals that each hosted one or two students, teachers, students and their host families, volunteers, Hsinchu Sister City Committee President and co‐Presidents, as well as chaperons from Cupertino (two principals and one teacher). Visited National Cheng Kung University – met with the Vice Principal and various academic and research department heads to brainstorm and exchange business and entrepreneur opportunities. Toured the Southern Taiwan Science Park with 200+ companies and 94,000+ employees working in the Science Park.
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Cupertino City CouncilMay 2, 2023

Cupertino City Council
May 2, 2023