CC Resolution No. 21-088 authorizing Sixth-Cycle General Plan Housing Element Update and Consultant Agreement with EMC Planning GroupRESOLUTION NO. 21-088
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
INITIATING THE SIXTH -CYCLE GENERAL PLAN HOUSING ELEMENT
UPDATE, AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSULTANT AGREEMENT WITH EMC PLANNING GROUP, AND
APPROVING BUDGET MODIFICATION #2122-165 FOR THE SIXTH -CYCLE
GENERAL PLAN HOUSING ELEMENT UPDATE FOR THE FISCAL YEAR
2022-21.
WHEREAS, the Housing Element of the General Plan is required to be
updated every eight years per California State Law; and
WHEREAS, consultant planning firms were invited to submit proposals
between April and July 2021 for the Sixth -Cycle General Plan Housing Element
update; and
WHEREAS, on August 6, 2021, EMC Planning Group submitted a Housing
Element update proposal in accordance with the City's Request for Proposals; and
WHEREAS, on September 1, 2021, staff conducted a thorough review and
selected EMC Planning Group as the preferred lead consultant for the project; and
WHEREAS, staff is recommending that the Council initiate the Sixth -Cycle
General Plan Housing Element update; and
WHEREAS, staff is recommending that the Council award a consultant
agreement for the Sixth -Cycle General Plan Housing Element update, related
rezoning, and all necessary environmental review as required under State law; and
WHEREAS, staff is recommending that Council authorize the City Manager
to execute a consultant agreement based on the scope of work with EMC Planning
Group to provide services to the City, for an amount not to exceed $748,040; and
WHEREAS, staff is recommending that Council authorize the City Manager
to approve contract change order(s) for an amount not to exceed $748,040 with
EMC Planning Group; and
WHEREAS, staff is requesting Budget Modification #2122-165 to increase
appropriations in 100-71-702 750-101(page 414 of the Fiscal Year 2021-22 Adopted
Resolution No. 21-088
Page 2
Budget) by $774,248 and increase revenues in 100-71-702 440-430 by $352,613 for
the Sixth -Cycle General Plan Housing Element Update, related rezoning, public
noticing, legal counsel, and all necessary environmental review as required under
State law for the fiscal year 2021-22; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
1. Initiate the 61h Cycle General Plan Housing Element update to comply with
State law;
2. Award a consultant agreement for the Sixth -Cycle General Plan Housing
Element update, related rezoning, and all necessary environmental review as
required under State law;
3. Authorize the City Manager to execute a consultant agreement based on the
scope of work with EMC Planning Group to provide these services to the City,
for an amount not to exceed $748,040; and
4. Authorize the City Manager to approve no -cost contract change order(s) with
EMC Planning Group; and
5. Approve Budget Modification #2122-165 to increase appropriations in 100-71-
702 750-101 (page 414 of the Fiscal Year 2021-22 Adopted Budget) by $774,248
and increase revenues in 100-71-702 440-430 by $352,613 for the Sixth -Cycle
General Plan Housing Element Update, related rezoning, public noticing, legal
counsel, and all necessary environmental review as required under State law
for the fiscal year 2021-22.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 21s' day of September, 2021, by the following vote:
Vote Members of the City Council
AYES:
Paul, Chao, Moore, Wei, Willey
NOES:
None
ABSENT:
None
ABSTAIN:
None
Resolution No. 21-088
Page 3
SIGNED:
Z�
Darcy Paul, Mayo
Date
City of Cupe o
ATTEST:
Kirsten Squarcia, City Clerk
Date
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Professional/Consulting Contracts /Version: August 2021
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and EMC Planning Group, Inc
(“Contractor”), a corporation
for the Housing Element Update 2023-2031
and is effective on the last date signed below (“Effective Date”).
2. SERVICES
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in
Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry
out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on June 30, 2023
(“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin
on effective date and shall be completed by June 30, 2023 .
The City’s appropriate department head or the City Manager may extend the Contract Time
through a written amendment to this Agreement, provided such extension does not include
additional contract funds. Extensions requiring additional contract funds are subject to the City’s
purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$ 748,040 (“Contract Price”), based upon the scope of services in Exhibit
A and the budget and rates included in Exhibit C, Compensation attached and incorporated here.
The maximum compensation includes all expenses and reimbursements and will remain in place
even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
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4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within sixty (60) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or
charges applicable to Contractor’s business including, but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Contractor. Should any court, arbitrator, or administrative authority, including but not limited
to the California Public Employees Retirement System (PERS), the Internal Revenue Service or
the State Employment Development Division, determine that Contractor, or any of its employees,
agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the
City as a result of such determination, so that the City’s total expenses under this Agreement are
not greater than they would have been had the determination not been made.
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6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising
out of this Agreement is considered “works for hire” and all copyrights to the Work Product will
be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this
Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub-contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
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to City for review and audit. The records and supporting documents must be kept separate from
other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in
connection with the performance of this Agreement, including but not limited to correspondence
between Contractor and any third party, are public records under the California Public Records
Act, California Government Code section 6250 et seq. Contractor shall comply with all laws
regarding the retention of public records and shall make such records available to the City upon
request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity,
including flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
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11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. Contractor will provide proof of satisfactory certificates of insurance and
endorsements evidencing the type, amount, class of operations covered, and the effective and
expiration dates of coverage within 14 days of execution of the Agreement. Failure to comply
with this provision may result in City, at its sole discretion and without notice, purchasing
insurance for Contractor and deducting the costs from Contractor’s compensation or immediately
terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
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(AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Piu Ghosh, Planning Manager
as the City’s representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Scope of Services. City reserves the right to substitute another
Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Ande Flower,
Principal Planner as its single Representative for all purposes
under this Agreement, with authority to oversee the progress and performance of the Scope of
Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services
in accordance with the Scope of Services and the Schedule of Performance. Contractor must
regularly update the City’s Project Manager about the progress with the work or any delays, as
required under the Scope of Services. City written approval is required prior to substituting a new
Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
given reasonable time to assemble the work and close out the Services. With City’s pre-approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award
must be supported by law and substantial evidence and include detailed written findings of law
and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party’s authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law,
and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Attention: Piu Ghosh
Email: piug@cupertino.org
To Contractor: EMC Planning Group Inc
301 Lighthouse Ave., Suite C
Monterey, CA 93940
Attention: Ande Flower
Email: flower@emcplanning.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
DATE:
Teri Wissler Adam
Vice-President
Oct 5, 2021
Teri Wissler Adam
Christopher D. Jensen
Oct 5, 2021
City Manager
Greg Larson
Oct 5, 2021
Proposal
Housing Element Update (2023-2031)
City of Cupertino
Revised September 15, 2021
Prepared by
EMC Planning Group
Prepared for
C ity of C upertino
Gian Martine, Senior Planner
10300 Torre Ave.
Cupertino, CA 95014
Prepared by
e MC p lanning g roup in C.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Ande Flower, AICP, MUP – Principal Planner
flower@emcplanning.com
www.emcplanning.com
Revised September 15, 2021
CITY OF CUPERTINO
Housing Element Update (2023-2031)
ProposalProposal
Table of Contents
1.0 Executive Summary ..................................................................................1
2.0 Qualifications and Experience ................................................................3
2.1 General Information ...........................................................................................3
2.2 EMC Planning Group Staff .................................................................................3
2.3 Sub-Consultants ..................................................................................................5
2.4 Relevant Experience ............................................................................................6
3.0 Approach ....................................................................................................9
3.1 Project Management ...........................................................................................9
3.2 Schedule ............................................................................................................10
3.3 Scope of Services ...............................................................................................10
Task A – Project Management & Coordination .................................................11
Task B – Community Education and Engagement ...........................................11
Task C – Housing and Special Housing Needs ..................................................14
Task D – Housing Constraints ..........................................................................15
Task E – Existing Housing Element ..................................................................15
Task F – Housing Sites Inventory ......................................................................16
Task G – Goals, Policies, Programs and Quantified Objectives ..........................16
Task H – Rezoning [Optional Task at City’s discretion] .....................................17
Task I – Draft Housing Element and Public Hearings .......................................18
Task J – Final Draft Hearings, Final Adoption and Certification .......................19
Task K – CEQA Documentation ......................................................................20
4.0 Deliverables ............................................................................................21
Work Products ..............................................................................................................21
Appendix
Appendix A EMC Planning Group Resumes
Figure
Figure 1 Decision-making flow chart ...........................................................................9
5.0 Budget ......................................................................................................23
5.1 Budget Narrative ...............................................................................................23
5.2 Optional Services ..............................................................................................23
Task L – CEQA Environmental Impact Report (EIR) .......................................23
Task M – Rezoning ..........................................................................................23
Task N – In-depth Site Analysis ........................................................................23
Task O – Additional Community Workshop Meetings ......................................24
Task P – Additional Stakeholder, Commission, or Council Meetings ................24
5.3 Conflict of Interest Disclaimer ..........................................................................24
EMC Planning Group Inc. 1
EMC Planning Group team is pleased to submit this proposal for City of Cupertino (“City”) Housing
Element Update (2023-2031). We understand the challenge posed by the draft 6th-cycle regional
housing needs allocation (RHNA) equaling approximately 4,588 units for the City of Cupertino. We
have tailored a work program and approach that welcomes solution-oriented community involvement
through an iterative process to involve decision-makers with each major milestone. We have assembled a
team of consultants whose expertise dovetail to provide a full scope of services, including updates to the
housing element, the Heart of the City Specific Plan, and full CEQA environmental review responsive
to the subsequent project. Our team has demonstrated competence in working successfully with
residents and other members of the public in formulating goals and building consensus.
Our outreach will be digital-first and immersive with community needs. With a location in the heart of
Silicon Valley, our team is prepared to accommodate and encourage a variety of ways for everyone to
have their voices heard and incorporated into the process of plan-building for the future of Cupertino.
There is room for everyone at the discussion table.
EMC Planning Group has prepared housing elements for jurisdictions in various parts of California,
including several recently completed and certified elements, as well as on-going preparation of 6th Cycle
element updates with the Towns of Fairfax and Los Gatos and the City of Monte Sereno. Cupertino
presents unique challenges and surprising opportunities to meet state requirements for affirmatively
furthering fair housing. Through learning from community leaders, our process will encourage a vision
for Cupertino’s future that sustains the heart of the community while making room for more people to
call Cupertino home.
We look forward to working with the City of Cupertino to achieve HCD certification for the 6th Cycle
Housing Element update.
1.0
EXECUTIVE SUMMARY
Cupertino Housing Element Revised Proposal2
This side intentionally left blank.
EMC Planning Group Inc. 3
2.1 General Information
EMC Planning Group is a full-service land use and environmental planning firm located in Monterey.
The firm, which is celebrating 43 years of providing land use and environmental planning consulting
services to public and private clients throughout California, is a California S-Corporation, a state-
certified Small Business Enterprise (#15769), and a locally certified Green Business. EMC Planning
Group has provided award-winning deliverables throughout the state. Our years of experience in
California contribute to a deep comprehension of development and environmental challenges that affect
Santa Clara County and the City of Cupertino.
The quality of EMC Planning Group’s deliverables is not solely dependent on the work of its staff.
Our staff has created quality relationships with responsible agencies, technical experts, public and
private interests. The caliber and defensibility of our documents is often enhanced by our extended
team’s contribution.
2.2 EMC Planning Group Staff
The following staff are expected to work on this project. Full resumes can be found in Attachment A.
Teri Wissler Adam, Vice-President and Senior Principal
Teri joined the firm in 1991 and has been a principal since 2001. Her area of expertise is in California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance.
Ms. Wissler Adam’s workload includes oversight of all CEQA-focused workload for the firm. Teri will
provide high-level project oversight and lead on tasks associated with CEQA compliance.
2.0
QUALIFICATIONS AND EXPERIENCE
Cupertino Housing Element Revised Proposal4
Ande Flower, AICP, MUP, Principal Planner, Project Manager
Mr. Flower will be project manager and primary contact for the City of Cupertino housing element
update. He will take the lead on facilitating stakeholder groups and making presentations to the City
Council, Planning Commission, and focus groups. Mr. Flower has been working in the planning
field since 2005 and has a particular focus on innovative ways to create housing opportunities for all
segments of the community. His professional experience includes project management in the municipal
and private sectors. Ande is skilled in the analysis of complex development requests, housing ordinance
updates, and the delivery of compelling presentations to commissions, city council, agencies, the
business community, and residents.
Martin Carver, AICP, MRP, Principal
Martin will be in an advisory role to provide high-level management support for Mr. James and Mr.
Flower and assist with the early lead on preparing the housing element document. He has expertise in
comprehensive plans, housing elements, land use planning, energy and climate analysis, and zoning
regulation. Mr. Carver’s resume includes project management for the University of California Santa
Cruz (UCSC) Marine Science Campus Coastal Long Land Development Plan, UCSC’s Silicon Valley
Center Master Plan (NASA Ames/Moffett Field), and UCSC’s Science Hill Master Plan. It also includes
development of the Gonzales General Plan, General Plan EIR, and Climate Action Plan. Finally, it
includes numerous housing elements, CEQA initial studies, and zoning/municipal code revisions. Mr.
Carver recently completed work on housing elements for San Juan Bautista, Gustine, and Dos Palos and
is preparing zoning code revisions for each of these cities as well. He has also prepared SB 2 applications
for the City of Dos Palos and the City of Gustine.
Richard K. James, AICP, MUP, Principal
Richard has been with the firm for 22 years and has significant experience in preparing housing
elements. He recently prepared the housing element updates for the cities of Sand City, San Juan
Bautista, Greenfield, and Atwater and has prepared several other housing elements in the past. Richard
also has experience preparing CEQA review documents, economic planning documents, and in
managing complex projects. Richard’s workload for the next two years will focus on management of
housing element updates throughout California. Mr. James will support Ande Flower with project
management and lead Safety Element efforts.
Shoshana Wangerin, Associate Planner
Shoshana will assist with preparation of the zoning updates and any potential associated CEQA
documentation. Ms. Wangerin has been with the firm for four years and assisted with the preparation of
the housing element update for the City of San Juan Bautista. She assisted with preparation of the Sand
City Vibrancy Plan, and also assists the City of Sand City with its annual progress reports as required by
the Department of Housing and Community Development
EMC Planning Group Inc. 5
2.3 Sub-Consultants
Hexagon Transportation Consultants, Inc.
Since 1982, Gary Black, AICP, has directed a number of transportation planning, traffic engineering,
parking, and transit studies. Mr. Black has prepared traffic studies for new development in most cities
within the Bay Area. Gary Black will provide transportation analysis for CEQA review, and evacuation
analysis for the Safety Element update.
Metta Urban Design
Samantha Suter’s woman-owned firm specializes in tailored branding, high end graphics, visionary
plans, and implementable solutions, with public engagement integrated throughout her work.
Samantha’s team will make sure that our messaging is tailored to Cupertino’s needs.
ELS Architecture and Urban Design
Throughout its 53-year history, the leaders of ELS Architecture and Urban Design have focused on
“putting the pieces together” – designing places and spaces that bring the public and private interests
together, and doing so in a way that benefits all stakeholders. Ryan Call and David Masenten will
support general site analysis, facilitate public workshops, and provide in-depth site analysis with
renderings as an optional task.
Circle Up, Equity Education
Lea Robinson facilitates coaching, training, and consulting services to further equity understanding,
equity approaches, and to check equity assumptions. Circle up strives to cultivate happy, thriving, and
stress-free communities by developing a less oppressed and divided world for future generations and to
inspire deeper connection and inclusion. Lea will support required equity focus throughout the scope of
the project, including public workshop introduction, and analysis of programs.
Non-violent Communication (NVC)
Kristin Masters is a CNVC Certified Trainer who is committed to creating a world that works for
everyone. She has long been a group facilitator and diversity trainer, and loves helping groups find ways
of moving more easily toward the goals of the good work they’re doing. Public Workshops will begin
with Kristin’s recognition of ground rules to support civil, meaningful engagement.
Website Content Management
Rachel Cain will manage, program, and report analytics for the online platform, Engagement HQ (Bang
the Table), and Balancing Act (density simulation tool). Rachel will facilitate the iterative community
engagement plan via the online tools to encourage participation over time, and create reports that assist
decision-makers in comprehending the full volume of voices shared throughout the community.
Cupertino Housing Element Revised Proposal6
Language Connections
Since its inception in 1993, Language Connections (LC) has become a leading provider of language
services. Their capabilities include translation, interpreting, desktop publishing in multiple languages. LC
is also a recognized, long-time provider of services to various urban planning and housing authorities.
2.4 Relevant Experience
EMC Planning Group has prepared housing element updates for numerous jurisdictions in California.
EMC Planning Group customized the public outreach and prepared innovative adjustments that reflect
community goals for each unique city. For each of these projects, EMC Planning Group staff established
and maintained positive working relationships with both the city and Department of Housing and
Community Development (HCD) staff to successfully meet each city’s needs. Recent examples of our
work are summarized below.
San Juan Bautista Housing Element (2019)
EMC Planning Group completed the City of San Juan Bautista’s 5th cycle housing element update. Prior
to working with EMC Planning Group, the city had missed the due date for its 5th cycle housing element
and was required to prepare four-year elements. With HCD approval, EMC Planning Group developed
a schedule to complete the first four-year housing element in the summer of 2019, concurrent with the
city’s adoption of several critical implementation ordinances. EMC Planning Group then initiated the
second four-year housing element, negotiated an expedited review by HCD, and brought the second
four-year housing element to City Council for adoption at its December 2019 meeting. The second four-
year housing element was certified by HCD in January 2020, and the City of San Juan Bautista is now in
compliance. San Juan Bautista’s housing element was highlighted in an HCD press release.
Link to Element:
http://www.emcplanning.com/projects/pdf/San_Juan_Bautista_HE.pdf
Reference: Don Reynolds, City of San Juan Bautista City Manager
(831) 623-4661 citymanager@san-juan-bautista.ca.us
Work performed: January 22, 2019 – March 12, 2020
City of Atwater Housing Element Updates (2017)
EMC Planning Group prepared 2007-2014 and 2015-2023 updates to the Atwater Housing Element to
bring the element into compliance with state requirements. EMC Planning Group worked with HCD and
the City to review 5th cycle regional housing needs allocation (RHNA) numbers for Merced County and
the unaccommodated share of fourth cycle RHNA numbers, and determined to bypass the fourth cycle
housing element and prepare the fifth cycle element. EMC Planning Group worked with the Housing and
Community Development Department to achieve state certification of the Housing Element.
EMC Planning Group Inc. 7
Link to Element:
https://www.atwater.org/docs/2014-2023%205th%20Cycle%20Housing%20Element.pdf
Reference: Scott McBride, City of Merced Director of Development Services (formerly with Atwater)
(209) 388-7000 McBrideS@Cityofmerced.org
City of Sand City Housing Element (2016)
EMC Planning Group prepared the 5th cycle housing element for Sand City. The city has only 300
residents, but needed to provide room for about 45 additional housing units during the planning
period. EMC Planning Group also prepared a CEQA negative declaration for the project. The housing
element was approved by the City Council and certified by HCD within the state deadline. EMC
Planning Group has assisted with zoning changes to implement housing element policy, and assists
the City with its annual progress reports as required by the Department of Housing and Community
Development.
Link to Element:
http://www.emcplanning.com/projects/pdf/Sand_City_Housing_Element_FINAL_Adoption_2016.pdf
Reference: Charles Pooler, City of Sand City Planner
(831) 394-3054 Chuck@SandCityCA.org
City of Greenfield Housing Element (2012 and 2016 Update)
In 2016, EMC Planning Group prepared the 5th cycle and completed the City of Greenfield 4th cycle
housing element update for the City of Greenfield. The focus of the 5th Cycle included creation of a
balanced housing vision for the city and a categorized and prioritized implementation program. EMC
Planning Group also prepared an initial study for updated housing element. The housing element
was approved by the City Council and certified by the Department of Housing and Community
Development in full compliance with state housing law within the state deadline.
Link to Element:
https://ci.greenfield.ca.us/DocumentCenter/View/161/06-Housing-Element-2014-2023---General-
Plan--PDF
Reference: Brent Slama, City of Soledad Community Development Director (formerly with Greenfield)
(831) 674-559 bslama@Cityofsoledad.com
Cupertino Housing Element Revised Proposal8
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EMC Planning Group Inc. 9
3.1 Project Management
Ande Flower will manage the project with an incredible team of advisors, support staff, and exceptional
sub-consultants. EMC Planning Group recognizes that the most significant work effort for Cupertino’s
Housing Element Update (2023-2031) will be preparing a site inventory that accommodates Cupertino’s
regional housing needs allocation (RHNA), through a robust community engagement process.
EMC Planning Group’s culture and management style are founded on teamwork and collaboration. The
firm believes that teamwork is vital to achieving the goals of our clients. Within the firm, we support
each other and test ideas in a continual effort to ensure that the quality of our work remains ahead
of the curve – technically, legally, and functionally. Our teams meet regularly to facilitate the flow of
information, articulate and share ideas on issues, brainstorm approaches and solutions to analysis, and
ensure process efficiency. We work together to deliver services and products that represent the best of
the firm’s collective experience and skills.
A housing element update can be
a very challenging process for local
jurisdictions, and with the 331%
increase in RHNA numbers for the
6th Cycle, we expect it to generate a
lot of public interest. EMC Planning
Group understands that the success of
this effort hinges on an effective public
participation program that includes
active engagement with Cupertino
residents, stakeholders, elected and
appointed officials, and HCD. The
flowchart shown with Figure 1 illustrates
our comprehension of the importance of
community engagement, guidance from
HCD, Council, and Commissions, with
the ultimate goal of certification.
3.0
APPROACH
Figure 1: Decision-making flow chart
Exhibit A
Cupertino Housing Element Revised Proposal10
We note that Cupertino is included with a countywide collaborative led by the ABAG/MTC Regional
Housing Technical Assistance Program. Our work program and budget have been trimmed in
anticipation of reduced costs for certain data collection tasks, including support from a half-time
technical assistant provided by the countywide collaborative.
EMC Planning Group’s Ande Flower has been actively involved the ABAG/MTC process and has
working knowledge of housing element site selection (HESS) tool.. His effort will also provide
invaluable feedback to ABAG/MTC as it works to improve the nascent tool. We are confident that with
the EMC Planning Group team, City staff, and regional collaborators working together, Cupertino can
be assured of a successful update process that garners wide community support and timely certification
of its updated housing element.
3.2 Schedule
EMC Planning Group anticipates an approximately 16-month effort to draft, adopt, and obtain HCD
certification of Cupertino’s Housing Element Update (2023-2031). The final scope of work will be
subject to refinement and mutual agreement following the project’s launch and further discussion. This
schedule assumes the use of an initial study/mitigated negative declaration for CEQA review.
Tasks Time Frame
Task A – Project Management & Coordination Ongoing through completion of project
Task B – Community Education and Engagement Fall 2021 thru Winter 2022
Task C – Housing and Special Housing Needs Fall 2021 thru Fall 2022
Task D – Housing Constraints Fall and Winter 2021
Task E – Existing Housing Element Fall 2021 through Spring 2022
Task F –Sites Inventory Fall 2021 thru Spring 2022
Task G – Goals, Policies, Programs and Quantified Objectives Fall 2021 thru Spring 2022
Task H – Rezoning [Optional Task at City’s discretion]Fall 2021 thru Spring 2022
Task I – Draft Housing Element and Public Hearings Summer 2022 thru December 31, 2022
Task J – Final Draft Hearings, Final Adoption and Certification Fall 2021 thru December 31, 2022
Task K – CEQA Documentation Fall 2021 thru December 31, 2022
Total Approximately 16 months
3.3 Scope of Services
EMC Planning Group will undertake the following work program to deliver a certified housing element,
an updated safety element, and appropriate environmental review for the City of Cupertino.
EMC Planning Group Inc.11
Task A – Project Management & Coordination
This task also includes project management and covers communication and coordination between the
EMC Planning Group team, City staff, regional collaborators, and HCD. It includes meetings, phone
conferences, email exchanges, and other communications. The EMC Planning Group team will attend
one (1) kickoff meeting with staff to discuss project goals, issues, availability of reference materials, work
product expectations, communications protocols, public outreach program, and site inventory. The team
will also meet with staff weekly, and on days that coincide with community outreach and engagement.
Finally, this task includes consultation with HCD, which is typically handled with regular phone calls
to HCD staff. City staff is expected to be available for meetings with the EMC Planning Group team, to
take regular coordination phone calls, and to provide City documents as needed.
Coordination will be initiated detailed, and maintained through development of a timeline/schedule,
with milestones, that will lead to HCD certification of the housing element by December 31, 2022. This
work will include scheduling for:
Kickoff meeting with staff to refine the scope of services;
Identification of major milestones, meetings, and work products;
Development of strategies to meet the City’s RHNA 6 and the housing element update;
Response to HCD review comments and City staff review times; and
Delivery of a draft and final draft housing element, including any subsequent updates to other
general plan elements as required by State law.
Project coordination through certification and finalization of all associated project materials.
Deliverables:
Weekly Meetings with City Staff
Workplan/ Schedule
Task B – Community Education and Engagement
This task involves measures that EMC Planning Group will take to engage the Cupertino community in
the housing element update process. The 6th cycle regional housing needs allocation (RHNA) numbers
are a sea change for all California communities, and the success of the update process hinges in part on
a community outreach and engagement program that is robust, inclusive, and meaningful. COVID-19
has complicated community outreach efforts, but the pandemic has also catalyzed the development of
new digital tools that have brought interactive engagement to a new level. One such tool is an all-in-one
digital community engagement platform tool called Engagement HQ, or Bang the Table. Additional
strategies will evolve specific to the needs of Cupertino, to ensure broad inclusion, particularly of
Cupertino Housing Element Revised Proposal12
hard-to-reach groups and special needs populations, with special attention given to communicating
information so it is accessible and easy to understand. The Community Engagement Plan will identify
translation needs and highlight potential translation services and/or protocols to utilize throughout the
housing element update process.
AB 686 law obligates Housing Element updates to incorporate an affirmatively further fair housing
(AFFH) approach. With this law, steps must be taken to proactively address segregation in programs
and activities related to housing and community development. The regulation mandates that local
governments identify meaningful goals to address the location-specific impacts of systemic issues such as
residential segregation, housing cost burden, and unequal educational or employment opportunities to
the extent these issues create and/or perpetuate discrimination against protected groups.
AB 686 analysis will be incorporated with community education and engagement, with source a portion
of material supplied by ABAG on a Countywide basis. Messaging, outreach, contextual awareness, and
analysis of proposed meaningful actions are examples of work efforts intended to evolve throughout the
process of this update to meet state standards for affirmatively further fair housing.
EMC Planning Group is partnering with Metta Urban Design and Rachel Cain as a cornerstone of its
community outreach and engagement program. Using Engagement HQ, the EMC Team will work
with City staff to design an interactive engagement plan that allows community members to engage on
their own time. Community workshops can span days and include customizable discussion forums, and
through the digital platform, discussions can be made available in multiple languages and moderated to
weed out any personal attacks, profanity, or off-topic comments. This platform will serve as the internet
portal for information regarding the housing element update, key documents, and interactive activities
to solicit input at various stages of the process. Engagement on important topics such as policy ideas,
site options, the draft Housing Element and environmental reviews will be continuous throughout the
process of developing the Housing Element update project.
The following are a sample of the tools available through the Engagement HQ platform:
Forums. A safe and interactive space for Cupertino community-members to discuss and debate
pertinent issues. The site is moderated to assure safety.
Ideas. These “virtual post-it notes” are a way for Cupertino community-members to share what
inspires them. EMC Planning Group staff can then assist in creating virtual stakeholder groups to
help the community “grow” their ideas.
Places. Gather feedback and photos directly on a map with a simple “pin” drop.
Stories. Help your community better understand, empathize, and relate to others and to all that
contributes to contemplating additional housing in the community.
Guestbook. Simple, streamlined, and moderated space for Cupertino community-members to
upload comments.
EMC Planning Group Inc.13
Q&A. Receive questions in a managed space that accommodates messages through the iterative
brainstorming process.
Polls. Ask a single question and get immediate insight with this quick and targeted tool.
Surveys. Encourage Cupertino community-members to voice their opinions in a convenient
way that can also help us understand what areas of city need more encouragement to participate.
Aggregate data can help the city understand generally who is participating with the outreach tools.
EMC Planning Group’s community engagement program will include the following key meetings/
consultations:
Branding & Participation Incentives
Stakeholder Meetings
Community Workshops
Online Focus Groups
Digital Communication. EMC Planning Group will develop an online engagement platform
with content that includes information about the Housing Element/Housing needs, rezoning,
environmental review (CEQA), tools and widgets to invite engagement, and an interactive scenario
mapping exercise.
Enhanced and incentivized participation. Web-based tools such as Balancing Act for alternatives
mapping, Konveio for interactive document commentary, printing of branded materials, and
Giftly local business certificates for raffle and photo contest prizes are included with public
engagement expenses. These activities and subscriptions are reflected in the proposed budget.
Meetings:
Initial Study Session – The project will include one initial joint Planning Commission and City
Council Study Session.
Housing Commission, Planning Commission, and City Council Study Sessions. Housing
Commission, Planning Commission and City Council study sessions (two (2) meeting each for a
total of six (6) public meetings prior to adoption hearings;
Stakeholder focus group meeting. Up to three (3) stakeholder focus group meetings. Stakeholder
outreach is anticipated to include developers and property owners, citizen groups, block group
leaders, and Chamber of Commerce. EMC Planning Group is expected to provide facilitation
services, background material, graphics, and presentations. City staff support is assumed for
selection of stakeholder group.
Community Meetings/Workshops. Up to two (2) facilitated community meetings/workshops.
Each meeting is anticipated to have an educational element to provide background regarding the
housing element update and be organized in a manner that allows for feedback and engagement of
break-out groups. EMC Planning Group team to provide facilitation services, background material,
graphics, and presentations.
Cupertino Housing Element Revised Proposal14
ABAG/REAP supported Housing Technical Assistance Program and County Collaborative. EMC
Planning Group team will coordinate with City staff to make outreach materials available to the
public. It is anticipated that the Collaborative will provide a City-specific newsletter and general
housing element documents.
Up to four (4) public hearings (two (2) Planning Commission and two (2) City Council);
Tribal consultation in compliance with SB 18, including preparing all notices and mailings.
Optional meetings in addition to the 15 total public meetings listed above are available according
to the cost listed with the proposed budget.
As part of this effort, EMC Planning Group will work with City staff to develop a list of organizations
that will be contacted to participate in the update process. City staff will be responsible for identifying
and/or confirming focus group members and providing EMC Planning Group with appropriate contact
information.
Deliverables:
Website launch & maintenance
Announcements for workshops & public hearings
Draft Community Engagement Plan (Microsoft Word)
Final Community Engagement Plan ( (InDesign and PDF)
Task C – Housing and Special Housing Needs
This task involves quantifying Cupertino’s existing and projected housing needs for all income levels
based on the City’s share of the regional housing needs allocation in accordance with Section 65584 of
the Government Code.
It is assumed that ABAG’s Regional Housing Technical Assistance Program will provide jurisdiction-
specific tables, charts, and a text summary for all required data, including population, demographic,
housing, market conditions, and regional comparisons. ABAG/REAP funded County Collaboratives
will also provide county-level narratives, which expand on key themes. Data received from ABAG
Technical Assistance Program has been created via algorithms. While most of the data is correct and
correlates within data sets, there may be some unintentional misstatements. EMC Planning Group will
cross-check obvious anomolies in the data, work with staff to verify any questionable assertions, and
will pursue verifiable facts when data is crucial to analysis. EMC Planning Group will tailor the data
narrative to the City’s specific circumstances, at their discretion and guidance.
EMC Planning Group Inc.15
EMC Planning Group will also analyze special housing needs based on data from Census 2020 and
interviews with social service agencies in the area. Special housing needs will be evaluated for the
disabled, elderly, large families, farmworkers, families with female heads of households, and families and
persons in need of emergency shelter.
Deliverables:
Draft Housing and Special Housing Needs Analysis (Microsoft Word)
Final Housing and Special Housing Needs Analysis (InDesign and PDF)
Task D – Housing Constraints
This task includes identification of potential and actual governmental and nongovernmental constraints
to the preservation, protection, and production of housing across income levels within the city. This task
assumes that ABAG’s Regional Housing Technical Assistance Program will provide cross-jurisdictional
comparisons necessary for this task, including the comparison of development and permitting fees and
processing times. It will also provide write ups of typical countywide non-governmental constraints,
including community opposition to housing, cost of construction, limited availability of land and other
topics. As is the case with the assessment of housing needs described above, EMC Planning Group
anticipates some limited amount of time to tailor the work provided by regional collaborators.
Deliverables:
Draft Assessment of Constraints (Microsoft Word)
Final Assessment of Constraints (InDesign and PDF)
Task E – Existing Housing Element
This task involves the review of Cupertino’s current housing element to identify the City’s success in
accomplishing/implementing housing goals, policies and programs. This review includes explanations
and updates for goals, policies, or programs that are in progress, that have been abandoned, or that
have proven ineffective. EMC Planning Group will make use of materials provided in the City’s annual
progress report to HCD.
Deliverables:
Document Research
Draft Review of Existing Housing Element (Microsoft Word)
Final Review of Existing Housing Element (InDesign and PDF)
Cupertino Housing Element Revised Proposal16
Task F – Housing Sites Inventory
This task involves the preparation of an inventory of vacant and underutilized sites that demonstrates
Cupertino’s capacity to accommodate it RHNA. This includes identifying safe assumptions, evaluating
sites, and analyzing potential policy strategies to increase site capacity, demonstrating development
viability and inputting the information into HCD’s electronic form for submittal (via ABAG’s site
selection tool: HESS) with the updated element. As discussed in the Approach and Methodology
section above, EMC Planning Group anticipates that this will be the most significant area of work
for the update process, and EMC’s Ande Flower will use his familiarity with the HESS tool to its best
advantage. With each iteration of the tool, opportunities emerge for education and analysis for using
the maps and exported data files from the HESS tool. Evolution of the tool will expand options for tool
communication effectiveness over time.
In consultation with staff and elected and appointed officials, EMC Planning Group will prepare the
sites inventory section of the Housing Element, demonstrating how Cupertino will satisfy its RHNA
in each income category, complying with AFFH rules. This includes identifying safe assumptions,
evaluating sites, analyzing potential policy strategies, and proposing context-based updates to
development standards to increase site capacity and demonstrate development viability (per State law).
Deliverables:
Incorporation of potential sites into the Balancing Act for public input for strategy prioritization
Presence at up to 6 public hearings (Housing Commission, Planning Commission, City Council)
Preparation of Sites Inventory
Electronic submittal to HCD
Task G – Goals, Policies, Programs and Quantified Objectives
This task involves the review of Cupertino’s current housing element to identify the City’s success in
accomplishing/implementing housing goals, policies and programs. This review includes explanations
and updates for goals, policies, or programs that are in progress, that have been abandoned, or that
have proven ineffective. EMC Planning Group will make use of materials provided in the City’s annual
progress report to HCD.
This task involves preparation of the housing element document, which includes collating materials
developed in the previous tasks, plus:
Updating housing, population, demographic, and employment data to coincide with recent
ABAG growth projections and Census data;
Undertaking an analysis that affirmatively furthers fair housing, in compliance with Assembly
Bill 686 (Affirmatively Furthering Fair Housing);
EMC Planning Group Inc.17
Updating housing goals and policies to address compliance with State law and effectively responds
to the housing needs, constraints, and key priorities identified through data gathering and analysis
and the public participation process; and
Preparing an implementation program, including quantified objectives, to address housing needs
for all income levels, seniors, veterans, populations with disabilities, or special needs, and those
experiencing homelessness.
EMC Planning Group will prepare and submit an administrative draft housing element for City staff
review. City Staff will provide a comprehensive set of recommended changes. Once edits are complete,
the team will then prepare a public review draft housing element that is made available to the public and
presented to Housing Commission, Planning Commission, and City Council. EMC Planning Group
will prepare PowerPoint presentations and attend meetings/hearings. Based on Housing Commission,
Planning Commission, and City Council input, the team will then prepare a HCD review draft and
submit it to HCD for the mandated review.
This task involves working closely with HCD and City Staff to respond to comments and produce
a final draft housing element for final adoption. EMC Planning Group will prepare PowerPoint
presentations and present the final draft document at public hearings before the Planning Commission
and before the City Council (three (3) hearings total). The team will then prepare the final adopted
housing element, including any changes from the public hearings, and submit it to HCD for final
certification. It will also distribute the document to the applicable water/sewer district and the
California Office of Planning and Research.
Deliverables:
Draft Policy & Program Recommendations (Microsoft Word)
Final Policy & Program Recommendations (InDesign and PDF)
Task H – Rezoning [Optional Task at City’s discretion]
This task Based on the sites analysis, the consultant will work with City staff to identify potential areas
for rezoning, if necessary. This must include consideration of the State requirement for maintaining an
adequate housing sites inventory throughout the eight-year planning period. Zoning updates associated
with the Heart of the City Specific Plan may be necessary for the City’s primary commercial corridor
to ensure that all sites that are identified as Priority Housing Sites are appropriately situated for housing
development projects. The extent of rezoning is unclear at this point, but it is anticipated that rezoning will
be necessary to maintain a sites inventory throughout the eight-year planning period.
Deliverables:
Community Outreach including Public Workshops
Elected & Appointed Official Engagement
Cupertino Housing Element Revised Proposal18 EMC Planning Group Inc. 18
Assessment of the Heart of the City planning area
Draft Update to Zoning and Heart of the City Specific Plan (Word)
Final Update to Zoning and Heart of the City Specific Plan (InDesign and PDF)
Task I – Draft Housing Element and Public Hearings
This task involves preparation of the housing element document, which includes collating materials
developed in the previous tasks, plus:
Updating housing, population, demographic, and employment data to coincide with recent
ABAG growth projections and Census data;
Undertaking an analysis that affirmatively furthers fair housing, in compliance with Assembly
Bill 686;
Updating housing goals and policies to address compliance with State law and effectively responds
to the housing needs, constraints, and key priorities identified through data gathering and analysis
and the public participation process;
Notifying the State Clearinghouse; and
Preparing an implementation program, including quantified objectives, to address housing needs
for all income levels, seniors, veterans, populations with disabilities, or special needs, and those
experiencing homelessness.
EMC Planning Group will prepare and submit an administrative draft housing element for City staff
review. At City Staff’s request, the draft Housing Element may be submitted to the City in different
sections to accommodate the City’s schedule. City Staff will provide a single comprehensive set of
recommended changes. Once edits are complete, the team will then prepare a public review draft
housing element that is made available to the public and presented to Housing Commission, Planning
Commission, and City Council. EMC Planning Group will prepare PowerPoint presentations and
attend meetings/hearings. Based on Planning Commission, and City Council input, the team will then
prepare a HCD review draft and submit it to HCD for the mandated review. The Planning Department
staff and/or City Attorney shall review all material prior to distribution and provide direction on local
practice & City process.
This task involves working closely with HCD and City Staff to respond to comments and produce
a final draft housing element for final adoption. EMC Planning Group will prepare PowerPoint
presentations and present the final draft document at public hearings before the Planning Commission
and before the City Council (two (2) hearings total). Optional additional meetings of each of these
types are included with the budget proposal.
EMC Planning Group Inc.19
EMC Planning Group will then prepare the final adopted housing element, including any changes from
the public hearings, and submit it to HCD for final certification. EMC Planning Group will also distribute
the document to the applicable water/sewer district and the California Office of Planning and Research.
Deliverables:
Administrative Draft (Microsoft Word)
Draft Housing Element (InDesign and PDF)
PowerPoint Presentations
Public Hearings (2 Housing Commission, 2 Planning Commission)
Submittal to HCD
Finalization of Documentation
Task J – Final Draft Hearings, Final Adoption and Certification
This task involves working closely with HCD and City Staff to respond to comments and
produce a final draft housing element for final adoption. EMC Planning Group will prepare
PowerPointpresentations and present the final draft document at public hearings before the Planning
Commission and before the City Council (two (2) hearings total). The team will then prepare the final
adopted housing element, including any changes from the public hearings, and submit it to HCD for
final certification. It will also distribute the document to the applicable water/sewer district and the
California Office of Planning and Research.
Deliverables:
Draft Final Housing Element (Microsoft Word)
Final Housing Element for publication (InDesign and PDF)
PowerPoint Presentations
2 City Council Public Hearings
Submittal of Housing Element to HCD and required agencies
Submittal of electronic sites inventory to HCD
Cupertino Housing Element Revised Proposal20
Task K – CEQA Documentation
This task involves the preparation, posting, and filing all the appropriate environmental documents
for compliance with the California Environmental Quality Act (CEQA), including the Initial Study,
Notice of Intent to Adopt a Mitigated Negative Declaration (or other CEQA determinations as
applicable), response to comments, mitigation measures, mitigation monitoring program, and notice
of completion to be filed with Governor’s Office of Planning and Research and the Santa Clara County
Clerk. In addition, the Consultant or Consultant Team will be responsible for preparing all notices and
mailings for AB 52 (Tribal Consultation in CEQA process). This proposal assumes that CEQA review
will be limited to the preparation of an initial study/mitigated negative declaration, with an optional
contingency budget to cover costs for a full Environmental Impact Report.
Deliverables:
Technical reports required for CEQA analysis
Draft CEQA documentation (Microsoft Word)
Final CEQA documentation (InDesign and PDF)
EMC Planning Group Inc.21
Work Products
The following are deliverable details that EMC Planning Group is committed to providing through the
course of its work program.
1.Workplan/ Schedule – The EMC Planning Group team will develop a schedule with goals and
timeframes, to be updated quarterly.
2.Public Outreach & Education – The EMC Planning Group team will work with staff to develop
a public engagement plan that includes project roles, outreach activities, target audiences, and
schedule. EMC Planning Group will produce a draft and final public engagement plan in word.
Particular emphasis will be given to support participation of residents & others who do not
typically attend public meetings and become involved in City issues.
3.Meeting Facilitation– The EMC Planning Group team will work with staff to identify the
appropriate number of meetings with City staff, educational workshops with community groups,
and Planning Commission & City Council workshops & public hearings.
4.Preparation of any background technical reports. The EMC Planning Group team will identify
whether technical background reports will be prepared in-house or by subcontractors. The majority
of technical reports required for CEQA analysis will be prepared in-house, with the exception of
transportation analysis, which will be provided by subconsultant Hexagon Transportation Inc.
5.Preparation of Announcements – The EMC Planning Group team will prepare announcements for
workshops & public hearings. City staff will be responsible for preparing official notices, drafting
staff reports for hearings, resolutions & ordinances. The Planning Department staff and/or City
Attorney shall review all administrative draft documents prior to distribution & provide direction
on local practice & City process.
6.Environmental Review – Completion of all CEQA analysis will be provided by The EMC Planning
Group team, including the discussion of all issue areas, evaluation of environmental impacts,
identification of potential mitigation measures, analysis of appropriate project alternatives,
statement of facts & findings, and Statement of Overriding Considerations, if required.
4.0
DELIVERABLES
Exhibit B
Cupertino Housing Element Revised Proposal22
7.Draft Housing Element – The EMC Planning Group team will work with City staff, the City
Council and the Planning Commission in drafting the update to the Housing Element. Clear
concise graphics, charts, and maps are necessary to communicate the policy concepts to the
Community. The EMC Planning Group team will develop a program to encourage public review
of draft Housing Element & Environmental/CEQA analysis.
8.Adoption of Housing Element – The EMC Planning Group team will present the Housing
Element Update to the Planning Commission at up to two (2) public hearings. Additional
hearings may be provided according to the optional task listed with the proposed budget. The
consultant shall present the Final Draft of the Housing Element Update for up to two (2)
presentations to the Council, having incorporated the public comments received with a single
comprehensive set of recommended changes provided by City Staff following the Planning
Commission hearings. City Council presentations beyond two (2) will be provided according to
the optional task listed with the proposed budget.
9.Preparation of the Final Housing Element – The EMC Planning Group team will make
all necessary revisions to the Housing Element Update document as guided with a single
comprehensive set of recommended changes provided by City Staff.
10.Format of the Final Housing Element – The EMC Planning Group team will prepare a final, camera-
ready copy of the Housing Element text, a copy of the same on a disk in a Word version format.
Final Plan text, maps, and illustrations shall be submitted in an electronic format (Adobe pdf).
.
EMC Planning Group Inc.23
5.1 Budget Narrative
The EMC Planning Group budget includes estimated hours and not-to-exceed fees related to each task
listed, and software mentioned in Section 3.3 for EMC Planning Group staff and sub-consultants.
EMC Planning Group invoices according to time and materials. The full support role that ABAG and
the Santa Clara Collaborative may serve to enable cost savings remains unknown at the drafting of this
proposal. Future cost-savings to be realized from regional support mentioned above will be carried over
and credited to the City of Cupertino.
5.2 Optional Services
EMC Planning Group Team offers the following optional services that may be instrumental in
successfully achieving consensus, and/or certification through this planning process to update the
housing element.
Task L – CEQA Environmental Impact Report (EIR)
This task would only be recommended in the event that a full Environmental Impact Report will be
necessary for zoning and/or General Plan updates. A scope for preparation of the EIR is available upon
request. This fee proposal includes a not-to-exceed dollar amount for EIR completion.
Task M – Rezoning
This task would only be recommended in the event that programs for the Housing Element update
include necessary updates to the General Plan Land Use Element, a specific plan such as the Heart of
the City Specific Plan, and/or zoning code.
Task N – In-depth Site Analysis
This task is recommended for visualizing sites with alternative development approaches to make
informed decisions rooted in an understanding of feasibility and character. The fee amount relates to
each unique site.
5.0
BUDGET
Exhibit C
Cupertino Housing Element Revised Proposal24
Task O – Additional Community Workshop Meetings
Meetings in addition to the Community Workshop meetings listed within Section 3.3 for any timeline
for the project may be requested at City Staff’s discretion.
Task P – Additional Stakeholder, Commission, or Council Meetings
Meetings in addition to the Stakeholder, Housing Commission, Planning Commission, or City
Council meetings listed within Section 3.3 for any timeline for the project may be requested at City
Staff’s discretion.
5.3 Conflict of Interest Disclaimer
EMC Planning Group has no business, professional, personal, or other interest, including, but not
limited to, the representation of other clients, that would conflict in any manner or degree with the
performance of its obligations under an Agreement resulting from this proposal.
Exhibit C
Circle Up Metta Rachel Translation Gela Hexagon
Senior PrincipalPrincipalPrincipal PlannerAssociate PlannerCEQA StaffProductionPrincipal in ChargePrincipalAssociateEquityEducatorGraphic Design/ BrandingCommunication SpecialistCommunicationSupportDigital Content & CommunicationsManagement Language ConnectionsVideo ProductionTransportation AnalystPresident$250 $225 $200 $150 $155 $115 $185 $185 $155 $200 $120 $250 $115 $145 $80 $150 $290
Task A – Project Management & Coordination
Subtotal Task 1 (Hours)6 120 50 12 5 5 10 50 10 8 50 4 5 2
Subtotal Task 1 (Cost)$1,350 $24,000 $7,500 $1,380 $925 $925 $2,000 $6,000 $2,500 $920 $7,250 $320 $750 $580 $56,400 $0 $56,400 $2,355 $11,280 $70,035
Task B – Community Education and Engagement
Subtotal Task 2 (Hours)27 112 85 25 20 26 18 60 80 18 8 390 100 85
Subtotal Task 2 (Cost)$6,075 $22,400 $12,750 $2,875 $3,700 $4,810 $2,790 $12,000 $9,600 $4,500 $920 $56,550 $8,000 $12,750 $21,000 $159,720 $21,000 $180,720 $13,950 $36,144 $230,814
Task C – Housing and Special Housing Needs
Subtotal Task 3 (Hours)11 64 59 8 12
Subtotal Task 3 (Cost)$2,475 $12,800 $8,850 $1,480 $2,400 $28,005 $0 $28,005 $388 $5,601 $33,994
Task D – Housing Constraints
Subtotal Task 4 (Hours)6 35 15 15 5 8
Subtotal Task 4 (Cost)$1,350 $7,000 $3,000 $3,750 $575 $1,160 $16,835 $0 $16,835 $849 $3,367 $21,051
Task E – Existing Housing Element
Subtotal Task 5 (Hours)5 36 28 9
Subtotal Task 5 (Cost)$1,125 $7,200 $4,200 $1,800 $14,325 $0 $14,325 $180 $2,865 $17,370
Task F –Sites Inventory
Subtotal Task 6 (Hours)20 140 65 36
Subtotal Task 6 (Cost)$4,500 $28,000 $9,750 $5,220 $47,470 $0 $47,470 $522 $9,494 $57,486
Task G – Goals, Policies, Programs and Quantified Objectives
Subtotal Task 7 (Hours)1 20 60 40 12
Subtotal Task 7 (Cost)$250 $4,500 $12,000 $6,000 $1,380 $24,130 $0 $24,130 $138 $4,826 $29,094
Task H – Rezoning [Optional Task at City’s discretion-see Tasks O & P for budget]
Subtotal Task 8 (Hours)
Subtotal Task 8 (Cost)
Task I – Draft Housing Element and Public Hearings
Subtotal Task 9 (Hours)2 12 90 50 30 20
Subtotal Task 9 (Cost)$500 $2,700 $18,000 $7,500 $3,450 $2,400 Travel & stay $5,000 $34,550 $5,000 $39,550 $1,085 $7,910 $48,545
Task K – CEQA Documentation $0
Subtotal Task 10 (Hours)6 5 4 9 290 15 12 40 $0
Subtotal Task 10 (Cost)$1,500 $1,125 $800 $1,350 $44,950 $1,725 $1,740 $11,600 $64,790 $0 $64,790 $1,507 $12,958 $79,255
TOTAL ESTIMATED HOURS #REF!112 661 386 290 94 33 31 18 106 150 43 21 496 104 90 42 $0
TOTAL ESTIMATED LABOR BUDGET $2,250 $25,200 $132,200 $57,900 $44,950 $10,810 $6,105 $5,735 $2,790 $21,200 $18,000 $10,750 $2,415 $71,920 $8,320 $13,500 $12,180 $446,225 $26,000 $472,225 $20,973 $47,223 $587,643
TOTAL LABOR BUDGET PER FIRM $273,310 $14,630 $21,200 $18,000 $10,750 $13,165 $71,920 $8,320 $13,500 $12,180
OPTIONAL TASKS
Task L - CEQA Environmental Impact Report
Subtotal Task 11 (Hours)1 3 40 20 450 7
Subtotal Task 11 (Cost)$250 $675 $8,000 $3,000 $69,750 $2,030 $0 $83,705 $0 $83,705 $203 $8,371 $92,279
TOTAL OPTIONAL TASK U PER FIRM $81,675
Task M - Rezoning Heart of the City Specific Plan $0
Subtotal Task 12 (Hours)1 75 95 100 60 25
Subtotal Task 12 (Cost)$250 $16,875 $19,000 $15,000 $6,900 $3,000 $0 $61,025 $0 $61,025 $990 $6,103 $68,118
TOTAL OPTIONAL TASK W PER FIRM $58,025 $9,900
Task N - In-depth site analysis $0
Subtotal Task 13 (Hours)17 30 9
Subtotal Task 13 (Cost)$3,145 $5,550 $1,395 Printing $250 $10,090 $250 $10,340 $1,034 $1,034 $12,408
TOTAL OPTIONAL TASK W PER FIRM $10,090
Task O - Additional Community Workshop meetings (cost per meeting)
Subtotal Task 13 (Hours)1 10 20 15 10 12 20 9 8 12 10 4 6 10
Subtotal Task 13 (Cost)$250 $2,250 $4,000 $2,250 $1,150 $2,220 $3,700 $1,395 $1,600 $1,440 $2,500 $460 $870 $800 Printing $250 $24,885 $250 $25,135 $1,639 $2,514 $29,287
TOTAL OPTIONAL TASK W PER FIRM $9,900 $7,315 $1,600 $1,440 $2,960 $870 $800
Task P - Additional Stakeholder, Commission, or Council meetings (cost per meeting)
Subtotal Task 13 (Hours)1 8 12 12 3
Subtotal Task 13 (Cost)$250 $1,800 $2,400 $1,800 $345 Printing $250 $6,595 $250 $6,845 $60 $685 $7,589
TOTAL OPTIONAL TASK X PER FIRM $6,595
NOTES:
a. 10% Markup does not include EMC Planning Group labor.
b. This proposal is valid for 90 days
NV-Communication
Provide additional meetings (cost per meeting).
10%
Markup*
Tech,
certificates,
Provide additional meetings (cost per meeting).
[Optional Task at City’s discretion-see Tasks O & P for budget]
20%
Contingency
Provide complete analysis for EIR
Provide updates to zoning and Land Use Element consistent with Housing Element update (cost assumes project in tandem with Housing Element update).
Provide yield redevelopment analysis for commercial sites (cost per site).
Cupertino Housing Element Budget
Subtotal
($)
EXPENSES BUDGETLABOR (HOURS)
Expense Cost
Labor
($)
Expenses
($)
Subtotal
($)
EMC Planning Group ELS
Exhibit C
Cupertino Housing Element Revised Proposal26
This side intentionally left blank.
A
APPENDIX
EMC Planning Group Resumes
STAFF RESUME | EMC Planning Group
Teri Wissler Adam
VICE P RESIDENT/SENIOR PRINCIPAL
PROFESSIONAL EXPERIENCE
Ms. Wissler Adam joined the firm in 1991 and has been a principal
since 2001. Her area of expertise is in California Environmental
Quality Act (CEQA) and National Environmental Policy Act (NEPA)
compliance.
Ms. Wissler Adam directs the CEQA and NEPA compliance projects
for the firm. She has been responsible for a large variety of private
projects, including residential, commercial, industrial, mixed-use,
and large specific plan and general plan projects. She has also
managed several projects for public facilities, such as recycled water
projects, roadway projects, bikeway projects, bridge projects,
elementary schools, high schools, and college campuses, and other
public facilities, such as health clinics, landfills, child development
centers, and federal research facilities. She has represented public
clients throughout Monterey County, San Benito County, Santa Clara
County, Merced County, San Luis Obispo County, San Mateo
County, Santa Cruz County, and as far south as Los Angeles County.
EDUCATION
B.S. California Polytechnic State University
at San Luis Obispo, Business
Administration, Concentration in
Environmental Management, 1991
PROFESSIONAL ACHIEVEMENTS
Presenter, CEQA Seminar, Lorman
Education Services
Presenter, CEQA Workshop, Association
of Environmental Professionals
Member, Association of Environmental
Professionals
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
Past Director/President/Newsletter Editor,
Monterey Bay Area Chapter, Association
of Environmental Professionals
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
STAFF RESUME | EMC Planning Group
Ande Flower, AICP, MUP
PRINCIPAL PLANNER
EDUCATION
M.U.P. University of Washington at Seattle, WA,
Urban Planning, 2006
B.A. University of Washington at Tacoma, WA
(Graduated Magna Cum Laude), Urban Studies,
2004
University of Florida at Gainesville, FL,
Architecture Coursework, 1989 - 1993
PROFESSIONAL ACHIEVEMENTS
HUD-sponsored Design-Build for Yakama Nation, led
by architect Michael Pyatok
CERTIFICATES AND TRAINING
Urban Design Certificate, University of Washington –
Seattle
Historic Preservation Certificate, University of
Washington – Seattle
GIS Certificate, University of Washington – Tacoma
AICP - American Institute of Certified Planners,
Professional Certification, since 2015
PROFESSIONAL EXPERIENCE
Mr. Flower joined EMC Planning Group in 2021, and has been
working in the planning field since 2005. His professional
experience includes project management in the municipal and
private sectors. Ande is skilled in the analysis of complex
development requests, ordinance updates, and the delivery of
compelling presentations to Commissions, City Council,
agencies, the business community, and residents.
Prior to joining the company, Ande was principal planner for
the cities of Monterey, CA and Lake Forest Park, WA where he
gained extensive hands-on experience in processing review for
mixed-use housing developments. In each City, reviews
resulted in well-regarded design with evolved community
support.
While working with the City of Monterey, he created
opportunities for affordable housing in Monterey with new
Overlay districts, access to water through advocacy, and
relationship-building with developers and community leaders.
During his tenure at City of Lake Forest Park, he managed both
long range and current planning activities to effectively
encourage infill development proposals while respecting
ecological habitat. In the private sector of Seattle (MAKERS),
Ande spearheaded creation of objective design standards for
Vancouver, WA.
STAFF RESUME | EMC Planning Group
Martin Carver, MRP, AICP
PRINCIPAL
PROFESSIONAL EXPERIENCE
Mr. Carver joined EMC Planning Group in 2019 on a part-time basis,
after years of providing services to EMC Planning Group on an ad
hoc basis. Mr. Carver is a certified planning professional with over 35
years of professional planning and project management experience.
His experience has focused on the preparation of comprehensive
plans, housing elements, land use planning, energy and climate
analysis, and zoning regulation. It also includes development of the
Gonzales General Plan, General Plan EIR, and Climate Action Plan,
as well as housing elements, CEQA initial studies, and
zoning/municipal code revisions. Finally, Mr. Carver has years of
CEQA and NEPA experience and has prepared a full range of
environmental documentation for local jurisdictions.
Mr. Carver is currently working on the San Juan Bautista Housing
Element Update, San Juan Bautista zoning code revisions, a
supplemental EIR for King City’s Downtown Addition Specific Plan,
SB 2 applications for Sand City and the City of Gustine, and various
smaller projects. His project responsibilities include project
management, municipal code revisions, and public participation.
EDUCATION
M.R.P. Cornell University, Ithaca, New York,
Regional Planning
B.A. University of California, Santa Cruz,
Environmental Studies
B.A. University of California, Santa Cruz,
Politics
PROFESSIONAL CERTIFICATION
AICP - American Institute of Certified Planners,
Professional Certification
PROFESSIONAL ASSOCIATIONS
Member, American Institute of Certified
Planners
Member, American Planning Association
STAFF RESUME | EMC Planning Group
Richard K. James, AICP, MUP
PRINCIPAL
PROFESSIONAL EXPERIENCE
Mr. James has been with the firm since 1998 and has been a principal
since 2016. He manages planning, design, and environmental
projects. His experience includes preparation of zoning and coastal
implementation codes, housing elements, environmental documents
in compliance with the California Environmental Quality Act
(CEQA), policy documents, fee and economic development studies,
and community design standards, as well as municipal project
management. Mr. James manages project budgets, work flow,
schedules, and sub-consultants. He provides ongoing client and
stakeholder contact as project manager, conducts research, writes
and edits documents, and presents project reports at public hearings.
Mr. James’s specific expertise includes air quality, housing,
landscaping, alternative transportation, land use, water supply, and
water quality. His environmental documents have analyzed a wide
variety of projects and issues, including residential, commercial, and
mixed use developments; annexations and area plans; golf courses;
park and school facilities; and public works improvements, among
others. Mr. James has represented private development projects and
overseen the municipal end of processing land development projects.
EDUCATION
M.U.P. San Jose State University,
Urban Planning, 1997
B.S. California Polytechnic State University at
San Luis Obispo, Ornamental
Horticulture, 1980
PROFESSIONAL CERTIFICATION
AICP - American Institute of Certified Planners,
Professional Certification, 2002-Present
PROFESSIONAL ACHIEVEMENT
AND AWARD
Award, Sand City Vibrancy Plan, 2020
Economic and Planning Development
Award of Merit-American Planning
Association, California Chapter,
Northern Section, 2020
Award, Fort Ord Reuse Plan Reassessment,
2012
Best Practices Award of Merit-American
Planning Association, California
Chapter, Northern Section, 2013
PROFESSIONAL ASSOCIATIONS
Member, American Institute of Certified
Planners
Member, American Planning Association
Member, Association of Pedestrian and
Bicycle Professionals
STAFF RESUME | EMC Planning Group
Shoshana Wangerin
A SSOCIATE PLANNER
PROFESSIONAL EXPERIENCE
Ms. Wangerin joined the firm in 2017. Her responsibilities include
writing initial studies and environmental impact reports in
compliance with the California Environmental Quality Act (CEQA),
providing contract staff support to governmental agencies, assisting
with public outreach programs, and providing private clients with
permit processing and entitlement assistance, constraints analysis,
land use assessments, and feasibility analyses.
Prior to joining EMC Planning Group, Ms. Wangerin worked for the
City of Carmel-by-the-Sea in the Community Planning and Building
Department. Her responsibilities included assisting with preliminary
plan check review for building and planning applications,
conducting preliminary site assessments on residential properties,
and conducting preliminary design reviews in residential and
commercial areas. Ms. Wangerin’s experience also includes
completing an internship with BuildingWise, LLC, a private
consulting firm that assists organizations with commercial structures’
LEED certification.
EDUCATION
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, Emphasis in Ecology and Natural
Resources, 2014
TRAINING
ESRI ArcGIS Map Making and Spatial
Analysis Course
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Sept. 2019
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a
claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Sept. 2019
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Housing Element Update 2023-2031 contract
Final Audit Report 2021-10-05
Created:2021-10-05
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA_F0U993-3vwEFGg759WpJ0HAKppARqSj
"Housing Element Update 2023-2031 contract" History
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