RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A FIRST AMENDMENT WITH PLACEWORKS AND APPROVING BUDGET MODIFICATION #2324-335 FOR DEVELOPING RESIDENTIAL AND MIXED-USE RESIDENTIAL DESIGN STANDARDS FOR THE FISCAL YEAR 2020-21 WORK PROGRAM. ____________________________________________________________________________________________________________________________________________ WHEREAS, on March 31, 2020, the Council approved Residential and Mixed-Use Residential Design Standards as a Work Program item for the FY 20-21 and authorized $200,000 from the FY 20-21 General Fund for project consultant, environmental review, and outreach with the project objective to create objective design standards for residential and mixed-use residential projects; and WHEREAS, on April 6, 2021, the City authorized the City Manager to enter into a contract with RRM Design Group for preparation of Residential and Mixed-Use Design Standards; and WHEREAS, in October 2023, the staff decided to terminate the existing contract with RRM due to shifting priorities and how far behind schedule the project had fallen; and WHEREAS, staff is recommending that the Council award the City’s existing Housing Element consultant, Placeworks, a contract amendment to prepare the Residential and Mixed-Use Residential Design Standards Work Program item for the FY 20-21; and WHEREAS, staff is recommending that Council authorize the City Manager to execute the first amendment to the existing agreement with Placeworks to provide services to the City for the preparation of residential and mixed-use design standards for the Council’s consideration, for an amount not to exceed $164,520; and WHEREAS, staff is requesting Budget Modification #2324-335 to transfer the existing appropriations in 100-71-702 750-090 into 100-71-702 750-101 and to increase project appropriations in 100-71-702 750-101 by $20,000 for the FY 24-25; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby Authorize the City Manager to execute a first amendment to the existing consultant agreement with PlaceWorks to prepare the Residential and Mixed-Use Residential Objective Design Standards, increasing the contract amount by $164,520 for a new total not-to-exceed contract amount of $1,261,277; Find that there are valid reasons to waive the competitive procurement procedures for selection of Placeworks; Approve Budget Modification #2324-335 to:
Transfer existing appropriations in Special Projects CWP Residential/Mixed-Use Design GL 100-71-702 750-090 to Special Project CWP RHNA and GP update GL 100-71-702 750-101 Increase the appropriations in Special Projects CWP RHNA and GP update GL 100-71-702 750-101 by $20,000 for the Residential and Mixed-Use Residential Design Standards, all necessary environmental review and incidentals for the fiscal year 2023-24 BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action of amending the existing agreement and the budget modification would have no or only a de minimis effect on the environment because there are no physical improvements or development proposed with these actions. The foregoing determination is made by the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of April, 2024, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
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Shiela Mohan, Mayor
City of Cupertino
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Date
ATTEST:
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Kirsten Squarcia, City Clerk
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Date
Resolution No. __________________