CC 08-17-04 Study Session
..
CUPEIQ1NO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone, (408) 777-3223
FAX: (408) 777-3366
www.cupertino.org
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item No, ~
Meeting Date: August 17,2004
SUBJECT AND ISSUE
Discuss the process for evaluating the City Attorney,
BACKGROUND
City Council expressed interest in developing a process for evaluating the City Attorney on an
annual basis. Attachment A contains the section of the Code dealing with the City Attorney.
Attachment B is a proposed policy for evaluating the City Manager and the City Attorney.
Attachment C is an evaluation instrument for the City Manager and Attachment D is another for
evaluating the City Attorney.
In preparing for this study session, we requested information from neighboring cities,
Attachments E and F describe the process used by Sunnyvale and Mountain View respectively.
Mountain View evaluates its City Attorney on an annual basis. The evaluation is done in memo
style explaining the City Attorney's accomplishments, goals and areas for further development.
The Mayor and Council have specific policy guidelines they follow. Sunnyvale's current review
process provides a comment form, performance criteria and numerical weighting information for
the City Attorney contained in the Performance Review Handbook. The handbook is distributed
to the City Council every fall and provides an overview of the review process and timeline.
RECOMMENDATION:
Review the attached material and develop a strategy for evaluating the City Attorney position.
Submitted by:
~
David W. Knapp
City Manager
Printed on Recycted Paper
I-I
2.18.010
CHAPTER 2.18: CITY ATIORNEY
Section
2.18.010 Office of the City Attorney established.
2.18.020 Funcûon and dudes.
2.18.030 Council-Attorney relations.
2.18.040 Attorney-staff relations.
2.18.050 Relaûons betWeen Attorney and individual
members of the public.
2.18.060 Bond.
2.18.070 Acting City Attorney.
2.18.080 Agreements on employment.
2.18.090 Assistants and employees.
2.18.100 Eligibility.
2.18.110 Suspension-Removal-Resignaûon.
2.18.010 Office or the City Attorney Established.
A. The office of the City Attorney, as set forth in
Government Code Section 36505, is established. The City
Attorney sha11 be appointed by the City Council wholly on
the basis of his or her qualifications. The City Attorney
shall hold office for and during the pleasure of the City
Council.
B. The office of the City Attorney shall consist of
the City Attorney and such assistants as may be authorized
by the Council.
C. The City Attorney sha11 administer the office, be
responsible for the successful performance of its functions,
and sha11 serve under the direct supervision and control of
the Council as its legal advisor.
D. The Council may retain or employ other
attorneys, assistants, or special counsel as may be needed to
take charge of any litigation or legal matters or to assist the
City Attorney therein. (Ord. 1673, § 1 (part), 1994)
2.18.020 Function and Duties.
The functions of the office of the City Attorney sha11
be 10:
A. Advise the Council and all City officers in all
matters pertaining to their offices;
B. Furnish legal services at all meetings of the
Council, except when excused or disabled, and give advice
or opinions on the legality of all matters under consideration
by the Council or by any of the boards, commissions,
committees or officers;
C. Prepare and/or approve all ordinances,
resolutions, agreements, contracts, and other legal
instruments as shall be required for the proper conduct of
the business of the City and approve the form of all
contracts, agreements, and bonds given to the City;
D. Provide the necessary legal services required in
connection with the acquisition of land or easements on
behalf of the City;
E. Subject to the general direction of the Council.
prosecute and defend the City, and all boards, officers and
employees in their official capacities, all civil proceedings
before judicial and quasi-judicial tribunals. The City
Attorney sha11 not compromise, settle or dismiss anyacûon
for or against the City without permission of the City
Council. Nor shall the City Attorney commence any civil
action without the permission of the Council.
F. Prosecute all violations of City ordinance;
provided, however, that the City Attorney is not required to
prosecute any misdemeanor or infraction within the City
arising out of a violation of State law. (Ord. 1673, § 1
(part), 1994)
2.18.030 Council-Attorney Relations.
Individual Councilmembers may seek and obtain legal
advice from the City Attorney on any matter or matters
pertaining 10 the legal position of the City. Any such advice
given 10 individual CounciJmembers, however, may be
repeated 10 the entire Council at any regular or special
Council meeting. With respect to advice to individual
CounciJmembers regarding potendal conflicts of interest, the
City Attorney may render informal advice; provided,
however, that it is understood that a Councilmember is
automatically protected from potendalliability for conflict
of interest only upon taking action which conforms to a
written opinion issued by the California Fair Poliûcal
Pracûces Commission. (Ord. 1673, § 1 (part), 1994)
2.18.040 Attorney-StatT Relations.
At the beginning of each fiscal year, the City Attorney
and City Manager shall meet and confer in good faith
regarding the allocation of the City Attorney's ûme among
City departments. Any department exceeding its allocated
ûme during the fiscal year must obtain the City Manager's
17
ATTACHMENT A / }f-I
2.18.040
Cupertino - Administration and Personnel
18
written approval for additional ûme. The City Attorney and
City Manager shall meet and confer on a regular basis for
the purpose of adjusting ûme allocations among
departments. (Ord. 1673, § 1 (part), 1994)
2.18.050 Relations Between Attorney and Individual
Members or the Public. .
Consistent with the functions and duties. of the City
Attorney's office described in Section 2.18.020 of this
chapter, the City Attorney or the Assistant City Attorney
may, but is not required, to meet or discuss any matter with
individual members of the public, legal counsel, or the
media. (Ord. 1673, § 1 (part), 1994)
2.18.060 Bond.
The City Attorney shall furnish a corporate surety
bond 10 be determined and approved by the City Council,
and sha11 be conditioned upon the faithful performance of
the duties imposed upon the City Attorney as prescribed in
this chapter. Any premium for such bond shall be a proper
charge against the City. (Ord. 1673, § I (part), 1994)
2.18.070 Acting City Attorney.
A. The Assistant City Attorney shall serve as City
Attorney pro tempore during any temporary absence or
disability of the City Attorney.
B. In the event there is no Assistant City Attorney,
the Council shall appoint a qualified attorney to act as City
Attorney pro tempore. (Ord. 1673, § 1 (part), 1994)
2.18.080 Agreements on Employment.
The terms and conditions of employment of the City
Attorn¡¡y shall be established by ordinance or resolution of
the City Council. (Ord. 1673, § I (part), 1994)
2.18.090 Assistants and Employees.
NotWithstanding the provision of Section 2.52.100 of
the Municipal Code, but subject to the other applicable
provisions of Chapter 2.52, the City Attorney sba11 appoint.
discipline and remove all assistants, deputies, and
employees under his or her authority. (Ord. 1673, § I
(part), 1994)
2.18.100 Eligibility.
No person elected or appointed as a Council-person of
the City shall, subsequent to taking office as Councilperson,
be eligible for appointment as City Attorney until one year
has elapsed after the Councilmember has ceased to be a
member of the City Council. (Ord. 1673, § I (part), 1994)
2.18.110 Suspension-Removal-Resignation.
A. The removal of the City Attorney shall be only on
a majority vote of the entire City Council. A resolution of
intention 10 remove the City Attorney sha11 first be passed
at any regular or special meeting of the Council. The
resolution sha11 specify the reason or reasons for the
removal and state whether the City Attorney is to be
suspended from his duties upon passage of the resolution.
It shall also state a date and time for a hearing at a regular
or special meeting of the Council to be held at the usua1
meeting place of the Council. The hearing date sha11 be no
less than tWo weeks nor more than four weeks from the date
of passage of the resolution. Within one week after passage
of the resolution, a copy thereof shall either be served
personally upon the City Attorney or sent to him or her by
registered mail. receipt requested, at his last known address.
The hearing sha11 be open to the public if the City Attorney
so requests in writing by notifying the City Clerk at least
five days prior to the date set for the hearing.
B. At the ûme set for the hearing, the City Attorney
shall have an opportunity 10 answer the reason or reasons
given for his or her removal. Nothing herein contained,
however, shall be construed to require the Council or any of
its members to substantiate or prove the reason or reasons
for the removal as a condition of the removal, it being the
intention of the Council that the City Attorney sba11 hold
office only at the discretion of the Council and may be
removed at any time by following its procedure set forth in
this section. At the hearing, the Council sha11 take final
action on the resolution. either to carry out his or her
removal or to retain him or her. If the action is to remove
the City Attorney, his or her removal sha11 be effective until
at least tWo weeks have expired from the date of the
hearing. Failure of the City Council to adopt a motion or
resolution for removal shall be deemed a rescission of the
resolution of intention.
C. The City Attorney shall be entitled to receive his
or her regular compensation during the period betWeen the
passage of the resolution and the effective date of his or her
removal.
D. The City Attorney may resign from his or her
position upon at least four weeks' written notice given to the
City Council. (Ord. 1673, § I (part). 1994)
(II-)..
DRAFT
Policy for Evaluating the City Manager and City Attorney
Purpose
The purpose of this policy is to provide a ftamework for annually evaluating the City Manager
and City Attorney.
Policy Guidelines
1. Background
Giving and receiving feedback on performance is crucial to both the City Council and its
appointed employees. While this feedback needs to occur throughout the year, at least
once annually the City Council needs to provide this feedback with all members present.
Communication is the key to any effective organization.
2. Timing
The annual evaluation of the City Manager and City Attorney will occur each fall with
any additional evaluation sessions as the City Council may deem appropriate.
3, Process
At least one week in advance of the evaluation date the City Manager and City Attorney
will submit an annual report of activities and a copy of the evaluation instrument
(Attachments C and D) to each council member. Council members will review the report
and make notes on the evaluation instrument. The City Council will then convene in
closed session and evaluate the City Manager and City Attorney separately. At the
conclusion of the evaluation, the Mayor will consolidate the comments of Council
Members and sign the consolidated evaluation instrument.
Attachment B
16-1
CITY OF CUPERTINO
CITY MANAGER PERFORMANCE APPRAISAL
Appraisal Period:
Rate the City Manager's performance on a 1 to 10 basis (10 being excellent) in the following areas:
1. MANAGEMENT SKILLS
a) Goals Achievement: The Manager should effectively implement Council policy by
accomplishing the annual Council Goals.
Rating:
Comments:
b) Budget and Finance: The City Manager should prudently manage the finances of the City
within Council policies, prepare realistic budget proposals, keep the Council informed of the
City's present and anticipated financial status and find innovative solutions to financing City
servIces.
Rating:
Comments:
c) Community Relations: The City Manager should represent the City well to the public and
to other organizations and agencies, gain the trust and confidence of the public, be sensitive to
individual and community needs, and foster contact and cooperation among citizens and
community organizations, There should be timely response to citizen inquiries and complaints.
Rating:
Comments:
ATTACHMENT C I e-I
d) Personnel Mana ,!ement: The Manager should develop the competency and capabilities of
the City staff, ensure capable and competent people are selected to fill City positions and foster
the personal and professional development ofreplacements for known staff vacancies.
Rating:
Comments:
e) Operational Management: The Manager should plan, organize and supervise the ongoing
programs and services.
Rating:
Comments:
f) Overall Performance: Taking into consideration all of the above management dimensions,
please rate the Manager's overall performance for the appraisal period,
Rating:
Comments:
II. PERSONAL SKILLS
a) Communication: The written and oral communications from the Manager should be
effective, clear, concise and understandable,
Rating:
Comments:
It-.L
b) Council Relations: The Manager should maintain effective communications and working
relationships with the Council as a whole and individual Councilmembers. The Manager
should inform Councilmembers of city activities,
Rating:
Comments:
c) Initiative and Innovation: The Manager should continually examine current methods and
operations looking for new ways to achieve improvements and efficiencies. The Manager
should encourage the City staff to be creative, to take risks in trying new ideas.
Rating:
Comments:
d) Jud2ment: The Manager should have well thought out reasons for recommendations and
decisions. The pros and cons should be reviewed and advice solicited when appropriate,
Rating:
Comments:
e) Plannin2: The Manager should anticipate the changing needs of the community and
organization, identify potential problems in the community before they occur and bring
solutions and alternatives to the Council on how to plan for the future and avoid problems,
Rating:
Comments:
Ic-3
Date:
f) Follow-Up: The Manager should carry out actions and activities in accordance with
assigned Council direction. This should be accomplished in a timely fashion with a minimal
amount of prompting from the Council.
Rating:
Comments:
g) Plan for PersonaUProfessional Development: The Council and Manager should agree on
any skills to be improved, knowledge to be acquired or other things to be done to help in the
continued development of the Manager. The Manager should maintain a healthy balance
between the job and his personal/family life.
Rating:
Comments:
Mayor
City Manager
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CITY OF CUPERTINO
CITY ATTORNEY PERFORMANCE APPRAISAL
Appraisal Period:
Rate the City Attorney's performance on a 1 to 10 basis (10 being excellent) in the following
areas:
I. QUALITY OF ADVICE TO COUNCIL, COMMISSIONS AND CITY STAFF
The Attorney should provide clear, accurate, and timely legal advice to City Council,
commissions, and staff.
Rating:
Comments:
II. QUALITY OF ORDINANCES, RESOLUTIONS, AGGREEMENTS,
CONTRACTS, BONDS, AND OTHER LEGAL INSTRUMENTS REQUIRED IN
THE CONDUCT OF CITY BUSINESS
Rating:
Comments:
III. QUALITY OF LEGAL SERVICES IN CONNECTION WITH LAND
ACQUISATION AND DISPOSAL, LEASES AND EASEMENTS
Rating:
Comments:
Attachment D
IÞ-/
IV. QUALITY OF PROSECUTION
REQUIREMENTS
IN
CONNECTION
WITH
CITY
Rating:
Comments:
V. QUALITY OF DEFENSE OF CITY ACTIONS
Rating:
Comments:
VI. COMMUNICATION
Ability to communicate thoughts and ideas orally and in written form, and have them
understood by others; ability to carefully listen, observe, understand, and respond to
what is communicated by others; skill in preparing written documents in a thorough and
professional manner; skill in well-prepared, well-articulated, concise and understandable
public presentations.
Rating:
Comments:
VII. JUDGMENT/PROBLEM SOLVING
Ability to identify and resolve complex problems through use of sound methods and
application of creative solutions; thoroughness of analysis and degree of objectivity and
foresight; skill in making sound decisions and considering possible alternatives
Rating:
Comments:
ro- )..
VIII. EFFICIENCY
The City Attorney should provide the best possible service at the lowest reasonable cost.
The cost of City Attorney's office should be compared with the cost of comparable
operations.
Rating:
Comments:
Date:
Mayor
City Attorney
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Sunnyvale Home Page
City of Sunnyuafe
September 24, 2002
SUBJECT:
REVISED PERFORMANCE REVIEW PROCESS FOR
THE CITY MANAGER/CITY ATTORNEY REPORT IN
BRIEF
The Council appointed an ad-hoc subcommittee in early 2002. Its charge was to
examine the performance review process for both the City Manager and City Attorney.
The Committee has examined the Current performance review process and is making
a number of recommendations to the City Council to revise the current process, The
recommendations are summarized below:
. Revise the annual performance comment form to allow for more detailed input
from the Council through the use of a questionnaire/rating/comments form.
. Revise the City Manager/City Attorney reporting format to allow greater detail /
on Program Performance.
. Provide for a 360-degree review process, under the management of a facilitator,
to gather management assessments from the direct reports of the City Manager
and City Attorney for the Council evaluation,
. Direct staff to examine and recommend revisions to the current employee survey
to obtain better feedback to the Council on management processes and the
performance of the two Council employees.
. Revise the review meeting process to accommodate a facilitated meeting.
. Add additional meetings to allow Council to review the performance criteria and
set specific goals and priorities for the City Manager and City Attorney each
year.
. Revise the review time line to better accommodate the existing budget cycle and
potentially study the current process to look for ways to streamline it.
BACKGROUND
Current Review Process:
The current review process provides that a comment form, performance criteria and
numerical weighting information for both the City Manager and City Attorney,
contained in the Performance Review Handbook, is distributed to the City Council
every fall, prior to the formal Performance review meetings for the City Manager and
City Attorney. Additionally, the handbook provides an overview of the review process
and the timeline,
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The performance measures for the City Manager is organized into 4 broad topics
(with a number of sub categories), each with a numerical weighting:
. Budget and Service Delivery Performance (45%)
. Policy and Planning (25%)
. Management (20%)
. Professional and Career Development (10%)
Similarly, the City Attorney performance measures are divided into four broad
categories (and associated subcategories) with suitable weightings:
. Provision of Major Legal Services (45%)
. Provision of Legal Services - Routine Internal Activities (25%)
. Management (20%)
. Professional and Career Development (10%)
Also contained in the Handbook is a list of questions for each measure that
Councilmembers are advised to consider as they determine a numerical rating and
provide written commentary for each of the 4 categories.
Both the City Manager and City Attorney are required to submit their annual report
to the City Council. The City Council, as a group, then meets with the City Manager
and City Attorney separately to discuss their performance and the contents of their
report. Subsequently, each Councilmember is then required to
1. Complete the ratings form by providing a numerical rating (50 to 100) for each
of the four categories and submitting it to the Director of Human Resources.
2. Complete the comment form by commenting on each of the four performance
categories and submit it to the Mayor.
The Mayor then works with Human Resources Department to sign and issue the
letter of transmittal to the City Manager and City Attorney with the attached Council
comments, the Council ratings summary and the Personnel Action Form (PAF).
The Council currently also implements a mid-year meeting with both the City
Manager and the City Attorney to provide additional on-going verbal comments and
discuss any timely issues.
Performance Outcomes Agreements:
Currently the City makes use of a Performance Outcome Agreement between each
manager and their supervisor as the primary tool for establishing and measuring
performance, The Agreement is an outcome-based method for establishing
performance expectations. The Agreement defines the manager's responsibility for
three types of performance:
1. Service Delivery
2. Special Projects
3. Commitment to Excellence
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The year end results for assigned Programs, Service Delivery Plans (SDP) and one
time projects are measured and evaluated on their own merits. Those agreements
form the documentation to support the annual reports that the City Manager and
City Attorney submit to the City Council. They also form the basis for the evaluation
of individual manager achievement. As detailed in the Performance Outcomes
Agreement Manual, the Agreement is formatted into three parts:
1: Service Delivery Manager and supervisor agree on assigned
programs, service delivery plans, and
1a: Service Outcomes service delivery improvement projects.
1 b: Service Delivery Improvement
Projects
/2: Special Projects I Manager and supervisor agree on work
expectations for assigned special projects
3: Commitment to excellence Manager and Supervisor review
Commitment to Excellence expectations for
professional behavior and skills as well as
any professional behavior and/ or skills
requiring special focus or attention
Table 1: Performance Outcome Agreement format
EXISTING POLICY
The Sunnyvale City Charter does not provide any direction concerning the review
process for either the City Manager or the City Attorney. Section 801 does outline the
salary setting process for the City Manager:
Section 80l: Compensation. The City Manager shall be paid a salary
commensurate with his/her responsibilities as chief administrative office of
the City, which salary shall be established by ordinance or resolution,
(Amended effective December 31, 1975)
The salary for the City Attorney is not discussed within the charter but Section 900
permits employment for both officers through written contract:
Section 900: Officers to be appointed by the City Council. In addition to the
City Manager, the City Council shall appoint the City Attorney. The City
Manager and the City Attorney may be employed through written
contracts, notwithstanding the appointive and removal authority otherwise
provided in this Charter for the City Council....
Both contracts for the City Manager and City Attorney provide for an annual
performance review with virtually the same language:
[City Manager Contract!
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Section 6. Performance Evaluation
The City Council shall review and evaluate the performance of the City
Manager by December 1 of each year. Such review and evaluation shall be
in accordance with the specific criteria developed by the City Council in
consultation with the Director of Human Resources and La Sala. The City
Council shall provide [La Sala with their written comments and may
discuss the review with La Sala, at the choice of either the City Councilor
the City Manager.
[City Attorney Contract]
Section 6. Performance Evaluation
The City Council shall review and evaluate the performance of the City
Attorney by December 1 of each year. Such review and evaluation shall be
in accordance with the specific criteria developed by the City Council in
consultation with the Director of Human Resources and Armento. The City
Council shall provide Armento with their written comments and may
discuss the review with La Sala, at the choice of either the City Councilor
the City Attorney.
The contracts also outline the Salary setting process as well:
[City Manager Contract]
Section 4. Salary
A. Annually the City Council shall establish a control point salary for the City
Manager which shall be competitive and shall have a reasonable spread
above the next highest paid municipal official of the City of Sunnyvale. The
effective date for the control point shall be the first pay period of each fiscal
year, even if the control point is established at a later time. The starting
salary is $135,662.00.
B. Pursuant to the City's "Pay for Performance Plan", the City Council shall
conduct an annual review of the City Manager's performance and establish
an annual performance rating for La Sala. Annual salary shall be based on
the sum payment under the "Pay for Performance Plan" but shall have his
salary established as a percent of the control point pursuant to the
Performance Pay Matrix, attached as Exhibit "A" and incorporated by
reference.
[City Attorney Contract]
Section 4. Salary
Section 4. Salary
A. Annually the City Council shall establish a control point salary for the City
Attorney which shall be at ninety percent (90%) of the control point established
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for the City Manager. The effective date for the control point shall be the first
pay period of each fiscal year, even if the control point is established at a later
time,
B. Pursuant to the City's "Pay for Performance Plan", the City Council shall
conduct an annual review of the City Attorney's performance and establish an
annual performance rating for Armento. Annual salary shall be based on the
control point and the "Pay for Performance Plan". Armento shall not receive any
lump sum payment under the "Pay for Performance Plan" but shall have her
salary established as a percent of the control point pursuant to the Performance
Pay Matrix, attached as Exhibit "A" and incorporated by reference.
DISCUSSION
Council Questionnaire/Comments form
The subcommittee gathered and reviewed the performance review process for both
the City Manager and City Attorney from a number of cities throughout the country.
We also reviewed some information provided by the ICMA. While no consistent theme
was apparent, a number of cities provided for a questionnaire form with detailed
questions to gather the council's perspective on very specific matters.
Those questions typically were formatted with a simple linear scale to provide a
spectrum of responses. Those scales were either a numerically based one, typically 0
through 5, or a range of phrases to describe the Councilmember's evaluation, as in
"Strongly Agree" all the way down to "Strongly Disagree".
The questionnaire often provided some basis for the subsequent salary
determination. Interestingly, the ICMA provided an article that suggested that the
City Manager Salary be totally independent of the performance ratings,
The range of questions in those other documents was similar to, but distinctly
different than, the criteria that Sunnyvale Council uses to evaluate it's two
employees, The committee liked the addition of a questionnaire to allow for a more
detailed input back to the City Manager and the City Attorney but felt that the
questions should reflect the City of Sunnyvale's existing values and performance
measures. To create the proposed questions, the subcommittee utilized the detailed
questions contained in the existing Handbook To supplement those questions, the
committee added questions from the City's Guiding Principles initiative. This
initiative is an attempt to define an ethical framework for the existing management
system. The Principles are summarized in a small handout that addresses ethical
behavior related to:
. Public Service
. Respect and Recognition
. Leadership
. Honesty and Integrity
The subcommittee felt that it was appropriate and essential to provide the same
framework, designed for the City Directors and Managers, for the City Manager and
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City Attorney. The proposed Questionnaires for the City Manager and City Attorney
are provided in Attachment A and B, respectively,
The resulting questionnaire is much more extensive than the existing commentary
form but provides more detailed feedback to the City Manager and City Attorney. The
questionnaire is not intended to supplant any written comments that a
Councilmember may also wish to make, Each Councilmember is free to add
additional comments that are either general in nature or intended to clarify a
response to one of the questions.
The questions are arranged under topic headings that represent the existing
performance measures or the four guiding principle categories. Each response
provides for a simple numerical answer, arranged on a scale of 1 to 5, which is
intended to reflect how closely each Councilmember agrees with two opposing
responses. A "1" would indicate that the Councilmember agrees with the response on
the left and a "5" would indicate that the Councilmember agrees with the response on
the right.
Although the subcommittee does not make any specific recommendation concerning
any additional uses for the numerical values, they did discuss some potential ways to
utilize them, Currently, the Council rates the City Manager and City Attorney on a
scale of 50 to 100 on each of the 4 broad performance measures. If a Councilmember
so wished, the numerical answers under a particular category could be averaged and
multiplied by 20 to achieve a numerical rating that would be consistent with the
existing number range. Additionally, the numerical answers for each question could
be averaged across the entire Council to provide a composite answer that would
reflect an average response of the entire council.
The subcommittee is recommending the Council adopt the two questionnaires as part
of the review process. The Council would approve the questionnaires at the beginning
of each year during the goal setting/Performance Outcome setting process. This
allows the Council an opportunity to make appropriate changes to the questionnaire,
if needed. Although the questions use a numerical scale to allow each
Councilmember to assess the employee's performance, the questionnaire is intended
to provide only qualitative feedback to the Manager/Attorney, supplemented with
appropriate comments, and no process is being recommended to translate the
numerical answers into an overall score for determining either employee's salary.
Process
The subcommittee examined the overall process and rating system and made some
observations.
Review Time Frame: The performance review time scale is protracted so that the
actual yearly review process occurs 4 months into the new year. This leads to the
inclusion of issues that might not be appropriate when evaluating the employee for
the previous evaluation period. The primary reason for this delay is due to the
process by which the city compiles and evaluates the outcome measures from the
previous year.
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The subcommittee feels that the process would be more effective if the formal reviews
occurred closer to the end of the review period. For the City Manager, whose review is
heavily dependent on the performance measures of many different departments, this
will be difficult unless the existing outcome measures/performance objectives review
and analysis process is streamlined.
Although a study to look at ways to make the budget process more efficient and
streamline would be valuable, that study was beyond the scope of this subcommittee
and it is recommended that Council direct staff to establish a program to look for
ways to accelerate the data collection and analysis required under the Sunnyvale
Performance and Management system (PAMS).
Setting Yearly Objectives/Performance Weightings: The subcommittee reviewed
the weightings and performance objectives that the Council uses to evaluate their
employees each year. These have been determined in the past and mayor may not
reflect the judgment of the current Council.
Articles from the ICMA suggests that Councils should meet yearly, to set the desired
performance levels for the City Manager for the upcoming year. This allows Councils
to adjust weightings, add additional performance measures or identify specific
objectives for a given year. This would, understandably, need to be in collaboration
with the City Manager and City Attorney.
This approach would be in line with the current Performance Outcomes Agreement
process outlined above. The subcommittee is recommending that the Council adopt
this approach for both the City Manager and the City Attorney and implement
additional yearly meetings where goals and objectives for the upcoming year would be
examined for each employee, In addition, the Council would review the questionnaire
that is being proposed in this report and, if desired, add or modify the questions to
better reflect the concerns of that City Council.
For example, in a given year, Council, in agreement with the City Manager, could
specify that the Manager focus more on managerial tasks. A general application of
this approach would be to adjust the weightings for Budget and Service Delivery
Performance down from 45% to 35% and raise the Management weighting to 30% to
reflect a Council desire to see a greater focus on improving the workforce of the city.
Similarly, the City Attorney's weightings could be adjusted to give a focus toward
management issues or specific program focuses could be given to allow the Attorney's
office to look at specific issues for the City Council.
Having separate goal setting meetings in the June/July time frame would not
necessarily allow a reflection on the entire year but there is the assumption that on-
going updates would allow the Council to be aware of most issues and could
adequately address the upcoming year issues as they would the new fiscal year
budget. The year-end reports from the City Manager and City Attorney should
certainly not contain any surprises.
This additional meeting may be problematic considering the difficulty we seem to
have scheduling the existing meetings. We could potentially resolve this by combining
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it, as a separate component, with the yearly review. This would entail additional time
and make the meeting long enough that an evening might not accommodate it. We
could select a Saturday and combine the two review meetings with the goal setting
meetings and Consume a single day, one in the morning and one in the afternoon.
The disadvantage of this approach would be that the goal setting for the upcoming
year would be delayed 3 to 4 months into the year.
Review Meeting Format/Facilitator: The council, at the request of recent Mayors,
has met separately before the review meeting to have a frank confidential meeting.
The discussions have helped Council clarify issues prior to meeting with the City
Manager or the City Attorney. Both the City Manager and the City Attorney have
expressed dissatisfaction with the recent yearly review meeting.
The subcommittee discussed options for improving the review meetings and is
recommending that the City Council employ a suitable facilitator to moderate the
review meetings and to help guide the discussion, This would free up the Mayor, who
traditionally chairs the meeting, to actively participate in the discussions. The
facilitator would also be able to try to balance the discussion and keep it on target.
The facilitator would also be valuable to the added meeting where the Council sets
the yearly priorities discussed above.
The selection of the facilitator could be problematic as each employee may have a
personal favorite, The subcommittee recommends that the Director of Human
Resources would provide a short list (no more than 5 names) for the Mayor and Vice-
Mayor to review and make a recommendation to the Council. If this method proves
unworkable, the City Manager and the City Attorney should work together to find a
common facilitator if possible. The facilitator would work for the Council, with
appropriate confidentiality agreements, to avoid any reporting confusion. The
facilitator's compensation would be a part of the Human Resources Department
budget. If requested by either employee and agreed to by the Council, the Council
could utilize two separate facilitators to accomplish the review tasks.
To minimize the additional cost and complexity, a facilitator should be retained for
the entire year unless some unforeseen issue makes that impossible. The task of
selecting the facilitator should be done prior to the start of the review process.
360 Review format: The current report from both the City Attorney and City
Manager is generally in a narrative form with added tables and figures as
appropriate. Generally, outside direct Council interaction with their employees, there
is little opportunity to evaluate management practices. Based on several discussions
that Council and the City Manager have had in the past, the subcommittee discussed
the 360-degree performance review where input is solicited from a manager's
employees. This is partially accomplished with the employee survey that is completed
periodically but the subcommittee is recommending that an additional process be
added where a suitable facilitator be used to work with the direct reports for both the
City Attorney and the City Manager to generate additional input to the Council
concerning their management skills and styles.
City Council or either Council employee would not attend meetings with the direct
reports. The goal of the meeting would be to foster and record a frank discussion on
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the city management processes and their effectiveness. The facilitator who conducts
these meetings would determine the format and how best to report back the results,
It is unlikely that collectively the direct reports would want to harshly critique their
superior so an option to allow individual, private meetings would be helpful. The end
result of this process would likely be a report on issues and problems on the overall
performance of the city government from the perspective of the direct reports, Any
individual criticisms of either superior would need to be provided in a way that
protects the individual's identity,
The subcommittee discussed the appropriate timing for the 360-degree reviews as
well as the use of the end product in the manager review process. Some experts
believe that the 360-degree evaluation is appropriate for obtaining feedback on
management processes but not appropriate for use in a performance review. One
option discussed was to have the 360 review and the employee survey discussed
below as part of the mid-year meeting with the Council employees. This would allow
Council to assess the overall management system in the City on a yearly basis
without directly coupling it to the salary review in the fall. An added bonus to this
approach is it moves the review to a point in the year when senior staff is not
consumed with the year-end budget report.
The subcommittee agreed that the 360-degree review process, being only one part of
a more comprehensive review process, could be used effectively as part of the year-
end review. The committee is recommending, however, that the 360-degree review be
conducted in the latter half of May of each year. Assuming that the process takes
several weeks to complete and allowing the facilitator at least month of analysis and
report writing, the Council would expect to see results from this process in early
August. This allows adequate time for Council review and any follow-up discussions
prior to the Performance Review meetings,
Employee Survey Changes: Initially, the subcommittee looked at modifying the
existing employee survey as a means to gather additional feedback from employees
other than the direct reports on performance of the two Council employees and the
overall management system. However, the subcommittee recognized that this type of
survey would require an additional level of privacy and confidentiality that would
undermine the intent of the original survey. Therefore, the subcommittee is
recommending that a separate, distinct survey be done.
The new Management Performance survey would be targeted to City management
issues and management performance. The survey would only be provided to a
random sample population of City employees to reduce the logistics problems. The
sample population would be designed to provide feedback from all the city
departments. As it would be part of the employee review process, it would be
confidential and the respondents would be assured of complete privacy. The
subcommittee felt that this approach would allow for complete candor by each
respondent.
To prevent any confusion and to provide an alternative viewpoint, the subcommittee
is recommending that an outside contractor, independent of the contractor used for
the normal, citywide employee survey, be used to conduct this Management
Performance Survey. This contractor would report only to the Council and would be
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paid through the Human Resources budget,
The subcommittee felt that if possible, the Performance Review Facilitator, 360-review
Facilitator and the Management Performance Survey would all be provided by the
same contract person or organization to allow for a comprehensive analysis and to
reduce the number of people involved in handling the confidential information that
would be generated by these new processes. As with the Performance Review
Facilitator, HR would generate a list of candidates for the Mayor and Vice-Mayor to
review and make a recommendation to the City Council.
FISCAL IMPACT
Additional costs would be incurred in a number of ways. The use of outside
facilitators for both the Performance Review as well as the 360-degree review would
require a yearly contract of an unknown amount. The Management Performance
Survey would involve some additional costs for development, administration and
analysis. If Council chooses to implement additional meetings there would be
incremental costs associated with any added staffing requirements.
PUBLIC CONTACT
The subcommittee has met periodically since January. Although some of the
meetings were noticed, no one from the public attended those meetings,
ALTERNATIVES
1. The City Council adopts the recommended changes to the City Manager and
City Attorney Review Process as outlined below:
0 Adopt the revised Council Questionnaire/Comment Forms (Attachments A
and B).
0 Add two separate additional Council meetings in June/July with the City
Manager/City Attorney to set the performance objèctives and special
projects, with appropriate weightings, for the upcoming year and to review
the Council Questionnaire/Comment Forms.
0 Utilize the services of an outside facilitator to conduct the performance
setting meetings as well as the performance review meetings.
0 Implement a 360-degree review process by utilizing a facilitator to meet
with the direct reports of the City Manager and City Attorney to provide
feedback to the council on City Manager/City Attorney management
activities and initiatives and their effectiveness,
0 Implement a Management Performance questionnaire to be administered to
a statistical sample of the City employees to solicit feedback concerning
managerial effectiveness of the two Council employees and management
processes within the City Government.
0 Initiate a Legislative Study Item to evaluate the current budget process,
looking for ways to streamline, automate and accelerate the year-end
evaluation process to allow the City Manager/City Attorney to deliver their
yearly report sooner and allow the review process to occur closer to the end
of the fiscal year-end,
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2. The City Council does not adopt any of the recommended changes to the City
Manager and City Attorney Review Process and the current process would
remain.
3. The City Council adopts the recommended changes to the City Manager and
City Attorney Review Process with modifications or additions.
RECOMMENDATION
The Performance Review Subcommittee recommends alternative 1.
Prepared by:
Jack Walker
Councilmember
Reviewed by:
Fred Fowler
Mayor
Attachments
A. Proposed City Manager Performance Review Questionnaire
B. Proposed City Attorney Performance Review Questions
Previous Council Item
List of Council Meetings
Next Council Item
List of Reports to Council
Correspondino Aoenda
Sunnyvale Home Page
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JL,II-24-2D04 10: 06
1".02
City of Mountain Uiew
CITY COUNCIL POLICY REVISED; November 19, 2002
Effective Date: January 9, 19ï8 Resolution No. 16ï45
SUBTECT: COUNCIL APPOINTEE COMMUNlCA nONS
AND PERFORMANCE EV ALVA nON PROCESS
lliL D- 9
PURPOSE:
To establish procedures goveming communications between COW'lci! appointees and
the City Council, and the performance evaluatiOn process for Council appointees.
POLICY:
1.
Council appoinfees shaH provide the City Council with periodic written
communications regarding items of current interest and! or importance.
The City Manager shall provide this communication to the City Council on a
weekly basis. The City Attomey sha]] provide this communication on a monthly
basis and the City Auditor and City Clerk on an as-needed basis.
2.
The City Council shaH fo]]ow the process as described in Paragraphs a through i
below for evaluating the performance of its appointees.
a.
The City CounCil's al11'\uat goal-setting process Œanuary ¡February of each
year) shall serve as a guide to Council appointees in the development of their
goals for the upComing fiscal year.
b.
In late April, with assistance from the City Clerk's Office and City Manager's
Office, the Vice Mayor shall develop a schedule with specific dates, based on
the guidance in this policy, for the appointee performance evaluation process.
c.
A City Counei) subcommittee composed of the Mayor and Vice Mayor shal1
meet with each appointee individually in early May of each year to initiate
the performance review process.
The meetir¡g may include a discussion /review of topics, such as:
(1) The procedures and time line for the evaluation process;
(2) Any specific issues an appointee would like to dIscuss during the
process; and/or
Page 1 of 3
IF-I
ATTACHMENT F
JLtl-2q-2Ø0q J 0' 06
CITY COUNCIL POLICY ~. November 19, 2002
Effective Date: January 9, 19/'8 Resolution No. 16745
sumECT: COUNCIL APPOINTEE COMlvfUNICA TrONS
AND PERFORlv!ANCE EVALUATION PROCESS
!':J..9.:l D-9
(3) Any particular areas of emphasis that the performe.nce evaluation
subcommittee wishes to mak~ an appointee aware of prior to the
beginning of the evaluation process,
(4)
Any issues relative to compensation.
d.
By the end of May of each year, each Council appointee shall prepare a
memorandum to the City Council.
(1)
fncIuding a summary of issues and accomplishments for the past fiscal
year; and
(2)
Establishing goals fer the upcomL'1g fiscal year (ba$ed on the City-wide
goals established by the City Council the previous January /Febn¡ary).
Compensation issueò can be addressed in this memorandum or no later than
the date set for Paragraph £ (late June).
e,
The City Council shall meet in, early Jl\ne in closed session (which may
require one or more evenings) to hear presentations by the City Audltor, City
Clerk, City Attorney and Cit'¡ Manager regarding their written tnemoraI'l-
dums, The City COll!lcil shal1 develop follow-up questions that the Vi.ce
Mayor will provide to the City Auditor, City Clerk, City Attorney and City
Manager withL'1 three days.
f.
The City Council shall meet in late June in closed session for: (1) the
appointees to respond verbally to Council's follow-up questions; and (2) the
preparation of the w:itten evaluations.
g.
The Mayor and Vice Mayor shall confirm that the wording of the written
evaluations is consistent with the City Council's consensus, and the Vice
Mayor shall deliver the written evaluations to appointees by early Tu]y.
Page 2 of 3
F'.03
I f- J..
ILII--24-2CO" WolJ7
CITY COUNCIL POLlCY REV1~: November 19, 2002
Effective Date: janua.ry 9,1978 Resolution No. 16745
gJBTEÇL COUNCIL APPOINTEE CO/\fMUNrCATIONS
AND PERFORMANCE EVALUATION PROCESS
NQ; D-9
h.
The City Council shall meet in mid-July m two dosed sessiON (which can be
on the same night) to: (1) review written evaluations with appointees; and
(2) provide "financial parameters" to the Mayor and Vice Mayor to guide
compensation negotiations with appointees. A copy of the annual cornpen-
sation survey shail be given to the City Council at this time.
i
The Mayor and Vice Mayor shall meet with appomtees individually in
mid-July to discuss compeDsa!ion adjustments. Appointees shall receive the
COLA adjustment provided to other unrepreseJ'\ted employees. The adjust-
rnent is to be implemented at the same time as other uruepresented employ-
ees. If further direction on compensation is needed from the Council, a closed
session wiJI be scheduled. If not, the Mayor and Vice Mayor shall instruct the
Employee Services Director to prepare Council agenda items on appointee
compensation if additional compen.sati::>n adjustrr\ents are to be imple:rtented.
3.
This policy acknowledges that other formal and infonna.1 methods of
Council/ appointee communications, goalsettmg and performance evaluatic"'5
exist. This policy doc$ not preclude the use of these other methods.
LF/CNLPOL
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Page 3 of 3
F'.1]4
TiJTRl. P.,z¡:¡--
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10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CI F
CUPEIQ1NO
Community Development Department
SUMMARY
Agenda Item No.1:-
Agenda Date August 17, 2004
SUBJECT:
Study session to review a development proposal from Toll Brothers in the Valko Park
planning area for 565 residential units and approximately 50,000-80,000 sq. ft. of retail
space on 27 acres.
BACKGROUND:
Toll Brothers requested this study session to introduce a conceptual development plan
to the City Council and Planning Commission. The plan calls for the development of a
vacant 18.7-acre parcel on Stevens Creek Boulevard and the demolition of an existing
office building on an 7.9 acre parcel. The project includes 565 housing units and about
50,000-80,000 sq. ft. of retail space on 26,6 acres. The plan would require a General Plan
Amendment for the housing units, a Rezoning, Subdivision Maps, Use Permit,
Architectural Site Approval and possibly Exceptions to the Heart of the City Specific
Plan.
The purpose of this study session is to:
1. Farniliarize the Council with the applicant's proposal;
2. Provide the applicant with an opportunity to get Council input early in the
development review process.
Following this hearing, the applicant may ask for City Council authorization to proceed
with a General Plan Amendment for the proposed project.
History:
The City Council held a study session for a mixed-use development proposed by
Compaq Computer Corporation on June 11, 2001 on the vacant 18.7-acre site. At the
tirne, the proposed project was for 734,000 sq, ft. of new office space, an 11,000 sq. ft.
conference center, 387 housing units and 11,000 sq. ft. of retail space. On September 3,
2002, the City Council authorized a public hearing to consider a General Plan
Amendment to increase the residential allocation in the Heart of the City planning area
by 170-300 units for the Compaq project. Compaq and Hewlett-Packard subsequently
merged and the property is now under the ownership of Hewlett-Packard.
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Valko Park Place
August 17, 2004
Page 2
DISCUSSION:
Project Site:
The project site is bounded by Stevens Creek Boulevard to the south, Tantau Avenue to
the east, Interstate 280, Calabazas Creek and Valko Parkway to the north, and the Rose
Bowl and Menlo Equities "Metropolitan" project to the west (see attached Vicinity
Map).
To be consistent with the Toll Bros. plan set, the office site north of Valko Parkway will
be referred to as the "north parcel" and the rest of the project site will be referred to as
the" south parcel".
Project Information:
The project consists of retail uses in the southwest corner of the vacant property with
medium to high-density residential uses on the remainder of the south parcel and on
the north parcel. The proposed gross density is 21 units per acre, which is below the
maximum of 35 units per acre allowed by the Heart of the City plan. Finch Avenue is
proposed to be abandoned and converted from a public street into the primary entrance
to the retail section surrounding an open space area referred to as Market Square.
North Parcel
The applicant proposes 215 units on the north parcel made up of 175 units in a three to
four-story condominium building and 40 three-story townhouse units on either side of
a 1.5-acre open space area, labeled Park C.
South Parcel
The south parcel consists of between 50,000 and 80,000 sq. ft. of retail space and 350
units. Two four-story condominium buildings make up 220 of the 350 units, leaving the
remaining 130 in three-story townhouses. A one-acre open space area labeled Park B is
in a central location with residential units surrounding it
About 28,000 sq. ft. of the retail space fronts onto Stevens Creek Boulevard, and will
provide some activation of the north side of the Boulevard.
The General Plan limits building heights on this site to a 1.5:1 slope (for every 1 foot of
height, a 1.5 foot setback is required). This makes the tower elements shown on page 9
of the plan set taller than what would be allowed. The maximum height of typical
buildings is 60 feet
The remaining commercial space is located around a Market Square, which will provide
opportunities for civic events such as art and wine festivals and farmers markets.
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Valko Park Place
August 17, 2004
Page 3
Land Use Issues
Activation of Stevens Creek Boulevard
The proposal incorporates many of the attributes discussed by the Council in the past
including walk-ability, "mixed-use main street" encompassing 50,000 to 80,000 square
feet of commercial space and some activation of Stevens Creek Boulevard.
The project has commercial frontage for the westerly 800 feet of the Stevens Creek
Boulevard frontage, which is about half of the project frontage, leaving the remaining
800 feet with residential uses siding or backing up to the street with a minimal setback
of 50 feet. The retail fronting Stevens Creek Boulevard on the west side of the project
provides an ample buffer for adjacent residential units from traffic noise. Staff has
concerns with the residential proximity to Stevens Creek Boulevard on the project's east
side.
If the City is to allow residential to directly front Stevens Creek Boulevard with no
frontage or ground floor retail then staff prefers to see a greater landscaped setback of
75 to 100 feet. This will provide ample space for visual screening and noise reduction.
Viability of the Commercial Market Square
Only 28,000 of the proposed commercial space is located on Stevens Creek Boulevard,
where the traffic volumes approximate 25,000 ADTs (average daily trips) based on the
City's last traffic counts (2002-03). Randol Mackley of Retail Real Estate Group
previously stated that in general, typical retail tenant spaces require adjacent traffic
volumes of at least 20,000 ADT to be marketable.
The remaining retail space is situated around the Market Square and will require
attracting customers into the shopping area. Staff does not expect that 20,000 ADT will
enter the site on a regular basis, which raises concern about the viability of the retail
space around the market square. Additional study in this area is warranted.
Commercial "Big-box"
The General Plan Task Force recommended against residential uses in the Valko Park
planning area, citing the importance of retaining this area for tax-generating uses. Staff
concurs that residential uses should be considered on this site only after the City is
assured of a substantial retail or business-to-business sales tax generator with the
project,
The north parcel is a good candidate site for such a "big-box" retailer, given the
excellent freeway access from Wolfe Road. Unlike standard retail tenant spaces, a "big-
box" will be act as a magnet for shoppers and will have a regional draw, so the location
away from Stevens Creek Boulevard is not an issue.
The General Plan has a retail allocation of 150,000 sq. ft. for a "big-box" retailer such as
Costco, Lowes or Home Expo, which could generate more than $1 million in annual
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Valko Park Place
August 17,2004
Page 4
sales tax revenues for the City, while filling a need of local residents, These retailers
have expressed interest in locating in Cupertino.
It is possible to place the "big-box" retailer on Stevens Creek Boulevard, but it would be
difficult to create a walkable, street-friendly presence on the boulevard with a "big-
box", which is encouraged in the Heart of the City specific plan and the General Plan.
The proposed Toll Bros, project would take a potential "big-box" retailer site and use it
for low to medium density residential. Staff believes that the project should be adjusted
to incorporate a "big-box" retailer, with a corresponding reduction in the number of
housing units, possibly to the 300 units that were considered with the previous
developer.
The City may want to consider abandoning the eastern section of Valko Parkway to
allow this land to be incorporated into the parking lot for a "big-box" tenant if it will
improve the likelihood of such a retailer on this site.
Gateway
The General Plan states that" gateways are important in creating a memorable
impression of a city, often using formal elements - arches, fountains, banners, signage,
special lighting and/or public art or landscaping." Policy 2-27 states that gateways
should be incorporated into the review of properties near community entry points.
The corner of Stevens Creek Boulevard and Tantau Avenue qualifies as a community
entry point. The Heart of the City plan suggests an archway design, which can be
incorporated into this project.
Parks and Open Space
Sheet 3 of the Valko Park Place indicates that the project will have 3.5 acres of park,
with 0.5 acres in the Market Square, 1 acre in Park B in the southern section of the site,
1.5 acres in Park C in the northern section of the site and 0.5 acres of greenways,
The project was reviewed for conformance with the following policies of the General
Plan related to parks and open space:
. Policy 5-45 requires at least three acres of park land for every 1,000 residents in
the City.
. Policy 5-47 states that parks should be at least 3,5 acres in size for "flexibility of
use."
. Policy 5-49 states that parks should be bounded by public streets to ensure that it
is visible and easily accessible to the public.
. Policy 5-53 states that new residential development in non-residential areas shall
provide park space and facilities and that the need for dedication of public park
land "shall be determined when a master plan is submitted for development."
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Val1co Park Place
August 17,2004
Page 5
Staff believes that the subject site is appropriate for dedication and development of a
public park.
Appropriate Park Size
Based on Policy 5-45, there should be 35 acres of park for every 1,000 residents.
According to the 2000 Census, the average household size of owner-occupied units is
2.8 persons per household, while the rental household size is 2.6 persons per household.
Staff believes the 2.6 persons per household figure is appropriate for the type of
housing that is being proposed by Toll Bros. Multiplying 565 units by 2.6 persons per
household results in about 1,500 residents,
The project, as proposed by the applicant, should have at least five acres of parkland.
With a reduction in units to provide a "big-box" retailer, it is likely that the standard
3.5-acre public park will be sufficient.
Qualifications of the Proposed Open Spaces as Public Parks:
. The one half-acre Market Square functions more as a commercial amenity than as
a park for Cupertino residents.
. Park B is a one-acre park, but narrows considerably on the east side, making
much of the park function as a landscaped median. Park B may be suitable for
residential common open space, but its location, shape and size keep it from
being considered a public park.
. Park C is located north of Valko Parkway and includes a community facility
with a swimming pool. This park is suitably shaped, but its small size does not
meet Policy 5-47 of the General Plan, which sets a minimum 3.5-acre size for
public parks.
Heart of the City Common Open Space
A residential project in the Heart of the City area requires a minimum of 60 sq. ft. of
common open space per unit. For 565 units, over % of an acre of common open space
must be provided. This is in addition to parkland dedication or in-lieu fees, The
proposed open spaces (Parks Band C) would satisfy this requirement.
Necessity of a Public Park
The Metropolitan (Memo Equities) project paid in-lieu park fees because their site could
not physically accommodate a public park. If approved, the Valko Rose Bowl project
will pay in-lieu park fees of $1.4 million to the City, since the Rose Bowl site cannot
physically accommodate a public park.
The Toll Bros. site has sufficient area to provide a large public park. Staff does not
believe there is adequate land available elsewhere in this section of the City for a public
park, and the City Council considered the inclusion of a large public park on this site to
be critical when reviewing the prior Compaq proposal (see the attached minutes from
the June 11, 2001 study session).
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Valko Park Place
August 17, 2004
Page 6
Factoring in the 107 units approved for Metropolitan (Menlo Equities) and the potential
for 204 units in the Valko Rose Bowl and assuming the Toll Bros. project is reduced to
300 units, this section of Cupertino will have over 600 new residential units without a
public park. For this reason, staff considers the inclusion of a large, visible public park
to be essential for the development of this site.
Traffic, Parking and Circulation
Based on the traffic report for the Valko Rose Bowl project, the build out of the Valko
Fashion Park allowed by the Valko Development Agreement, coupled with the new
Kaiser Hospital at Homestead and Lawrence Expressway in Santa Clara, will cause
several intersections to be below Level of Service (LOS) D.
Any construction on the Toll Bros. site will worsen the traffic conditions. Typically,
development projects have to mitigate the traffic impacts that they generate, but not
correct traffic problems that already exist or are the result of previously approved
projects.
A full traffic report will be part of an Environmental Impact Report (EIR) that will be
funded by the applicant as part of the processing of this application.
Criteria for General Plan Amendments
The City's Municipal Code Section 20.02.025 contains criteria that the City Council
should use to initiate consideration of a general plan amendment. The decision to
consider a General Plan Amendment should be primarily based on the degree to which
the amendment will benefit the community and is compatible with the existing General
Plan policies and goals, In addition, the amendment should meet at least one of the
following criteria:
1. The amendment appears to support the existing General Plan goals and
objectives (although the degree of public benefit could not be fully ascertained
until the project is fully assessed.)
2. The proposed amendment represents an unforeseen land use trend that had not
been considered.
3. The existing General Plan policy, which precluded the proposed land use activity
is based on outdated or inaccurate information.
The Cupertino General Plan contains policies and strategies that relate to the proposed
project:
Land Use/Community Character Element:
The Land Use elements states that the Heart of the City plan was developed allow
diverse uses (including mixed use) along Stevens Creek Boulevard that promote
pedestrian and business activity and that "housing is strongly encouraged along the
boulevard."
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Valko Park Place
August 17, 2004
Page 7
Strategy 3 of Policy 2-24 states that projects in the Valleo Park area have:
a. Active retail uses facing the street or outdoor pedestrian corridor with
appropriate connections to the interior mall shopping activity.
b. Parking designed and sited to avoid creating pedestrian barriers and parking
islands.
c. Buildings sited to develop a strong street presence.
d. Projects including pedestrian amenities: landscaping, furniture, fountains,
canopies, special paving materials and other features to enhance pedestrian
activity.
Housing Element:
The General Plan has an allocation system for residential units by planning area. The
proposed Valleo Rose Bowl project exhausted the available pool of residential units for
the Heart of the City area. For this reason, the applicant will need a General Plan
Amendment to increase the housing allocation for the Heart of the City area.
Many new housing projects in the City have been for individual ownership. This has
resulted in very little increase to the City's rental housing stock since 2000. Even the 206
unit Verona/Montebello project that was expected to be rental units have been recently
offered for sale, Policy 3-4 states that the City should" encourage the development of a
diverse housing stock that provides a range of housing types (including smaller,
moderate cost housing) and affordability levels." The applicant should be encouraged
to provide a portion of the proposed housing units as rental units, and that the
bedroom count of all of the units including two-bedroom units, in addition to the
standard three and four bedroom units,
Future Steps
The General Plan goals and objectives support a mixed-use retail/residential project on
this site; however, the balance of the two uses should be further explored.
Staff recommends that the City Council direct the applicant to:
1. Incorporate a "big-box" retailer or a comparable sales tax generator into the plan,
preferably on the north parcel. To accommodate this, explore incorporating
Vallco Parkway east of Finch A venue into the parking lot area for the retail site.
2. Reduce the number of housing units, possibly to the 300 units that was originally
discussed with the previous developer.
3. Provide a 3.5-acre public park that is clearly visible to the public. The park
should connect Stevens Creek Boulevard and the creek. Improvements to the
exposed portion of the creek should be explored.
4. Return to a second study session with revised plans.
7--- 7
Vallco Park Place
August 17, 2004
Enclosures:
Vicinity Map
Valko Park Place: Concept Proposal
June 11, 2001 Study Session Minutes
Summary of June It 2001 Study Session Minutes
Prepared by: Peter GiIIi, Senior Planner
Approved by:
~
David W. Knapp
City Manager
Page 8
7--8
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APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Monday, June II, 2001
PLEDGE OF ALLEGIANCE
At 5:05 p.m. Mayor James called the meeting to order in Conference Room CID, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and
Council members Don Burnett and Michael Chang. Council members absent: None.
Staff present: City Manager David Knapp, Community Development Director Steve Piasecki,
Public Works Director Ralph Qualls, Administrative Services Director Carol Atwood, Senior
Civil Engineer Mike Fuller, City Planner Ciddy Wordell, Senior Planner Aarti Shrivastava, City
Attorney Charles Kilian, and City Clerk Kimberly Smith.
Also present: Planning Commissioner Marc Auerbach and Planning Commissioner Chuck Corr.
ORAL COMMUNICATIONS - None
STUDY SESSION
1.
Review of a request from Compaq Computers to amend the General Plan for a mixed-use
development consisting of office, retail and residential uses. The property is located on
the north side of Stevens Creek Blvd., between Wolfe Road and Tantau Avenue.
Aarti Shrivastava, the city's project planner on this item, highlighted the proposal by
Compaq. She said it would be a mixed-use project on 26 acres, comprised of 8.5-acre
and 15,5-acre areas. There would be two residential segments of 4-5 stories each
constructed over underground parking, totaling 388 units. Compaq also proposes a
conference center, four office buildings, and some open spaces. She said that the
jobslhousing balance formula indicates that for every 1,000 square feet there should be 2
housing units.
Mr. Tom Quaglhia, project manager for the Riding Group, discussed the proposal in more
detail. He said that the project would create a high-quality pedestrian-oriented mixed-use
development including retail, office and residential uses along Stevens Creek Boulevard.
He said the project also provides a residential rental component and a residential for-sale
component in a high-density residential area. He hoped the Council would allow the
initiation of a General Plan amendment for further analysis of the project
Keith Dias from Compaq said that the corporate headquarters are in Houston, but that this
is a substantial part of the business and is the sales headquarters on the west coast.
J,-ID
June 11,2001
Cupertino City Council &
Cupertino Redevelopment Agency
Page 2
City Attorney Charles Kilian mentioned that the skateboard park issue would be
discussed at the next City Council meeting in closed session, and also said that any of the
ongoing operational amenities that are obligations of the applicant should be written in a
development agreement.
Dias said that the sales tax issue had been discussed within the corporation and the sales
tax for everything they sell in the Cupertino offices would be directed toward Cupertino.
Steve Piasecki, Community Development Director, summarized the amenity space and
said that amenities, such as a daycare center and 5-10% of a conference center, wouldn't
be counted against the order of base level square footage. He suggested finding sources in
the current general plan to draw down for existing square footage allocation, such as an
existing retail space, rather than amending the plan to add additional square footage. He
said that this way the jobs/housing imbalance wouldn't be exacerbated. He commented
that the applicant did a good job in planning around the open space areas and that there is
a proposal to add 12 more affordable housing units.
Quaglhia explained that the residential area would consist of 5 stories total, 4 stories
residential over retail and the office buildings would be a combination of 4-5 stories.
Ernie Vasques said that the retail is actually an amenity to encourage walkability among
the residents in the area, He said that the plan is for the plaza to become the central point.
Greg Randall talked about planting colorful trees and moving the sidewalk back from the
curb about 10-12 feet to enrich the streetscape.
Burnett felt the proposal by Compaq was a thoughtful design, but his concern was about
the 50,000 square foot "headquarter bonus" and the additional 200,000 square feet. He
said that because of the General Plan and commercial development the City is required to
provide 2700 housing units, which would mean high-density housing, but the need is
actually twice that. He said that if the General Plan is executed then the housing situation
would become worse, He said that Compaq has already received a benefit in the form of
additional square footage and he didn't see sufficient tradeoffs in amenities to offset the
200,000 square feet. He said he wanted to be sure that the corners of Finch and Stevens
Creek and Tantau and Stevens Creek are pedestrian friendly intersections.
Chang said the plan is headed in the right direction, and he liked the mixed-use proposal,
especially the placement and amount of retail. He said that he didn't see the need for
additional footage for Compaq and couldn't justifY it to his constituents. He said that the
basic conditions of development versus the additional amenities, need to be weighed in
importance to the City. He thought 5 stories was too high and the buildings would be
more balanced at 4 stories.
Lowenthal said many of the things he had hoped to see in the plan were not proposed.
These included uncovering Calabasas Creek, and enhancements to the trail along the
culvert. He liked the mixed-use proposal, but felt that the band-stand area that is
proposed would be an amenity only for Compaq and it belongs over in the residential
area instead.
1- -II
June 11,2001
Cupertino City Council &
Cupertino Redevelopment Agency
Page 3
James summarized the Council comments and said that they all seemed pleased with the
mixed-use aspect of the development but there was not a lot of support for extra square
footage. She said that the community wouldn't support additional office space, except for
possibly amenities such as a childcare center or more affordable housing. She would like
Compaq to consider a sales tax agreement such as the one the City has with Apple since
it's mutually beneficial.
City Attorney Chuck Kilian clarified that if Compaq wanted to pursue the sales tax
agreement that it would not be exactly the same agreement as with Apple.
NEW BUSINESS
2.
Consider establishing sample voter ballot designations for candidates who have agreed to
voluntary campaign expenditure limits, Resolution No. 01-125.
The City Council concurred with the City Clerk's recommendation that only the Code of
Ethics from the Fair Political Practices Commission be distributed to Council candidates
for the November 6 election,
Lowenthal moved to adopt Resolution No. 01-125. Chang seconded and the motion
carried 4-0.
ADJOURNMENT
At 6:35 p.m. the meeting was adjourned.
Kimberly Smith, City Clerk
2-P-
ATTACHMENTB
CITY COUNCIL COMMENTS - JUNE 11, 2001 STUDY SESSION (COMPAQ)
. Mixed-use concept - Liked the mixed-use concept including residential units.
Office area - The current office allocation for the site is 490,634 (not including
50,000 sq.ft bonus for headquarters). The project as proposed (at 734,000
sq.ft) is almost 244,000 square feet over the allocation. The 50,000 sq.ft is
questionable since headquarters are not in Cupertino.
. Amenities - Amenities are requirements in projects. Amenities included so far
do not justify extra office allocation.
lobslHousinZ - About 2 housing units are required to offset every 1000 sq.ft of
office. The applicant was proposing 734,000 sq.ft. of office space (requiring
1468 units) and 387 units were not enough to offset that.
. Heizht of buildinzs - Lower both office and residential to 3-4 stories along
Stevens Creek Boulevard.
Public open space - The plan should include a large park and public gathering
space along Finch to hold events (such as in Memorial Park). Open space
should connect to creek. The opens space between Buildings 3 & 4 is formal
and appears to be part of the office campus, not for the public.
Creek connections - Creeks and open. spaces should be enhanced and
connected and available for walking and biking to the public.
. Improved pedestrian connections alonz Stevens Creek Boulevard and crossinzs at
Finch and Tantau - The development should improve conditions for walking
along Stevens Creek Boulevard as well as along crossings at Finch and Tantau
Avenues.
. Design -- Design around a village concept emphasizing walkability.
?--13
Vallco Park Place
Draft Submittal for Council Study Session
City of Cupertino
Aug 17,2004
Developers
Toll Brothers Inc.
Richard Nelson
James Meek
Kelly Snider
Michael Kemp
Planning & Urban Design
Solomon E.T.C - A WRTCompany
Daniel Solomon, FAIA
John Ellis, AIA, RIBA
Ganesh Ramachandran
Khushru Irani
Athenal Ocampo
Landscape Architecture
Wallace, Roberts & Todd LLC
James Stickley, AS LA
Jacob Tobias, ASLA
Ji-In Son
Renderings
Steve Price
Norman Kondy
ToO Brothers Inc
100 Park Place. Suite 140, San Ramon CA 94583
Tel (925) 855 0260
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Vallco Park Place
Aug 17,2004
Toll Brothers, Inc. I Solomon ETC.
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Introduction
Cupertino, like other Bay Area communities is
experiencing a transformation and evolution in
many of its previously developed areas. This
transition is being driven by market demands,
economic considerations and lifestyle changes.
As these redevelopment situations arise, they
provide an opportunity to rethink many of the
past development patterns that seldom provided
pedestrian friendly, walkable communities.
Toll Brothers and Solomon ETC. have prepared
a residential mixed-use proposal which provides
high quality for-sale housing and retail opportu-
nities integrated around a public Market Square.
Built upon the well-established principles of
New Urbanism, the project will provide a new
civic space for Cupertino in a walkable neigh-
borhood with handsome streetscapes.
The current proposal provides approximately
50,000 - 80,000 square feet of retail that can
accommodate a diverse range of desirable retail
uses from upscale restaurants to speciality
boutiques, bookstores and hi-technology media
hubs. The proposal features a public Market
Square that is an important new civic space for
the town. The neighborhood comprises 26 acres,
and creates a luxurious residential address for
new townhomes along stately Valko Parkway. It
also adds excitement to Stevens Creek Boule-
vard with beautiful streetside buildings and an
inviting gateway to the public Market Square. In
addition to the 3.5 acres of public space and
parks included on-site, off-site public park
improvements will be offered.
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Valko Park Place
Toll Brothers, Inc. I Solomon E.T.c.
In the last several years, a variety of proposals
have been considered to redevelop the site. A
proposal for an active office campus with over
700,000 square feet of office space and 380
residential units on 26 acres was followed by a
17-acre redevelopment concept which envi-
sioned up to 300 homes and 150,000 square feet
of office space.
Aug 17,2004
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Context
This map shows the location and context of the
fonner HP site and reveals several characteristics of
the sÍle that shape this development program. First
and most vividly, the map shows the old development
and the lack of connection of the site to the surround-
ing residential neighborhoods. Because these neigh-
borhoods are separated ITom the site by major
regional arterials, the site itself is not an appropriate
location for a public park serving existing neighbor-
hoods. ToIl Brothers proposes 10 contribute to off-site
park enhancemenls at locations in the city that open
space wiIl better serve the citizens of Cupertino.The
plan proposes three publicly accessible open spaces -
two residential parks and a central Market Square.
We have considered the principal civic contribution
of the sÍle to be the Market Square that wiIl help to
strengthen the commercial presence of Stevens Creek
Boulevard and the revitalized, mixed-use Valko
Fashion Park. The experience oftraveling through lhe
Market Square, whether on foot or by car, wiIl
complement and support Valko Fashion Parkís
expansion and help ensure its success as a regional
retail destination.
View of the Site from Vallco Park-
way
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Stevens Creek Blvd. looking West
Existing HP Site
Vallco Park Place
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Aug17,2004
ToIl Brothers, Inc. I Solomon E.T.C.
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Illustrative Site Plan
The principal ideas of the site plan are as
follows:
A narrowed and newly landscaped Valko
Parkway becomes the heart of a new residential
neighborhood with a strong pedestrian connec-
tion to Valko Fashion Park Mall and the revital-
ized Rose Bowl site with its new grocery store.
Well-defined residential parks north and south
of Vall co Parkway link directly to this recon-
structed boulevard.
Continuous retail and residential frontage give
new definition to Stevens Creek Boulevard.
Market Squarc, surrounded by retail and high-
density housing, is visable and accessible from
Stevens Creek Boulevard. It will be the locus of
civic life for the new neighborhood.
Residential
.. Retail
~ Community Facilities
~ ~ , . . Parks
~~ ~ ResidentialCourts
Plazas
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Plan Summary
565 Total Units
50,000 - 80,000 SF Retail
Surface Parking for 375 Cars (shown)
5.25 cars/lOOO SF of Retail (shown)
North Parcel
Stacked Flats
Townhouses
Subtotal
South Parcel
Stacked Flats
Townhouses
Subtotal
Open Space
Market Square
Park B
Park C
Greenways
Total
Site Area:
North Parcel
South Parcel
Total Size
175
40
215 Units
220
130
350 Units
0.50 Ac.
1.00Ac.
1.50 Ac.
0.50Ac.
3.50 Ac.
7.9 Acre
18,7 Acre
26.6 Acre
Density
Gross Density 21.2 dulac
Aug 17,2004
Valko Park Place
Toll Brothers. Inc. I Solomon E.T.C
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Market Square
This drawing shows the proposed Market
Square and one possible configuration for the
retail buildings that surround it. The final
configuration and character of these buildings
would be detennined when retail leasing is more
advanced, but the Square itself, its location,
spatial definition and functions remain the same
for any of the potential retail configurations.
Market Square is conceived as an important new
public space for Cupertino. It is visible from, but
is also protected from the auto environment and
through traffic of Stevens Creek Boulevard.
Like many historic market squares, it accommo-
dates automobiles, but is not dominated by
them. The emphasis is on pedestrian life and a
variety of uses that can be accommodated at
different times: outdoor dining, a fanners
market, craft fairs, festivals of various sorts.
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Residential
.. Retail
Market Square
Vallco Park Place
Aug 17,2004
Toll Brothers, Inc. I Solomon E.T.c.
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Residential
.. Retail
Market Square
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Alternative Retail Configurations
At this point the actual mix of retail tenants on Stevens Creek and around the
Market Square is not known. These drawings of alternative retail configurations
are included to show that essential characteristics of the Stevens Creek
streetscape and public space of Market Square will be maintained, whatever the
final configuration the retail program becomes.
Val1co Park Place
Aug 17, 2004
Toll Brothers, Inc. I Solomon E.T.C.
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Stevens Creek Boulevard
This drawing shows the frontage oftbe site
along Stevens Creek and the continuous defini-
tion of the street by new buildings, retail in the
foreground, housing down the street to the east.
Market Square is givcn a prominent identity on
Stevens Creek by architectural design features
that mark its entry.
Valko Park Place
Toll Brothers, Inc. I Solomon E.T.c.
Aug 17,2004
Outdoor Seating for Cafe. Restaurant Retail
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Shaded Walkways
Parks and Public Plazas
Play Areas
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Toll Brothers, Inc. I Solomon E.T.c.
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Aug17,2004