CC 03-18-2025 Item No. 8 Citywide Policy Inventory; Authorize Gap Alalysis Report_Written CommunicationsCC 03-18-2025
Item No. 8
Receive Citywide Policy
Inventory; Authorize
Gap Analysis Final
Report
Written Communications
From:Liang Chao
To:City Clerk
Subject:Fw: Study session on a policy for Approval Process for CIP projects, from funding to construction
Date:Tuesday, March 18, 2025 1:19:18 PM
Please consider this as a written communication for Item 8: Citywide policy inventory.
Liang Chao
Mayor
City Council
LChao@cupertino.gov
408-777-3192
From: Liang Chao <LChao@cupertino.gov>
Sent: Tuesday, March 18, 2025 1:10 PM
To: Pamela Wu <PamelaW@cupertino.gov>; Floy Andrews <fandrews@awattorneys.com>
Cc: Chad Mosley <ChadM@cupertino.gov>; Kitty Moore <KMoore@cupertino.gov>
Subject: Study session on a policy for Approval Process for CIP projects, from funding to construction
I'd like to agendize a study session on a policy for Approval Process for CIP projects,
from funding to construction.
Ideally on April 15, when the proposed CIP list is on the agenda for consideration.
As we have observed in the past, once a CIP project is funded in an annual budget by
adding it to the funded CIP list, the next time it is on the council agenda could be
1. On Consent agenda to approve a construction contract after an RFP
An example of this is the Stevens Creek Bike Path project or the De Anza
Buffered Bike path project.
The problem is that the agenda packet for the construction contract did not
even mention potential impact to the intersection and any impact on
vehicular flow has not even been analyzed.
And the design of the project cannot be found in any public meeting agenda
packet, since there was not document included in the Bike Ped Commission
agenda when the 65% design was put on the agenda. Thus, there is no way
for members of the public to even find out what changes will be made to
intersections.
2. On Consent agenda to approve the design of a CIP project:
An example of this is the solar panel projects, where the location of solar
panels on each site is included and the cost of each side included.
Based on the questions from the public and the city council and the
cost, the sites considered were adjusted and placed on another
council agenda,
Another example is the Lawrence-Mitty Park, where an outreach effort
was done and then 3 design options were proposed and the staff
recommended one option.
In other cities, like Palo Alto or Sunnyvale, multiple design options are
proposed for any improvement to an intersection, each with their pros
and cons in terms of cost and safety features and also impact on
existing traffic. Thus, the Council should be given sufficient information
in order to make an informed decision, rather than rubber stamping on
the one design option presented to them.
Thus, there is a gap in the council policy which results in inconsistent approval process
for a funded CIP project.
Below is an example approval policy for your consideration.
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CAPITAL PROJECT APPROVAL POLICY
1. Purpose
Ensure the City Council receives sufficient information at key project stages—
funding request, design, and construction—to make informed decisions and
control costs.
2. Scope
Applies to all City-funded capital projects requiring City Council approval.
3. Procedures
Funding Request
1. Present project purpose, scope, and benefits.
2. Provide a preliminary cost estimate (including soft and hard
costs) with justification.
3. Identify funding sources and project timeline.
4. City Council votes on whether to approve initial funding.
Design Approval
1. Present design options (including scope, cost, and long-term
implications).
2. Seek review and recommendation from the relevant
commission.
3. Compare costs, risks, and benefits for each design option.
4. Recommend a preferred design option.
5. City Council approves the final design and may adjust the
project funding to align with the chosen design.
Construction Contract Approval
1. Present the finalized scope, updated costs, and schedule.
2. Summarize the procurement process and vendor selection.
3. Confirm funding availability.
4. City Council approves the construction contract.
4. Oversight
Provide regular updates on progress, budget status, and any significant
changes.
Major change orders above the Council-approved threshold require City
Council approval.
Upon completion, submit a final report on costs, outcomes, and lessons
learned.
Liang Chao
Mayor
City Council
LChao@cupertino.gov
408-777-3192
